HomeMy WebLinkAbout2009-04-20 (Regular) Meeting Agenda Packet•
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Agenda for the Regular Meeting of the Englewood City Council Monday,April20,2009 7:30 pm Engle" ood Chic Center -Council Chambers I 000 Englewood Parkwa1• Englewood, CO 801 IO
1. Call to Order.
2. Invoca tion.
3. Pledge of Allegiance.
4. Roll Call.
5. Consideration of Minutes of Previous Session .
a. Minutes from the City Council Meeting of April 6, 2009.
6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.)
a. Presentation to Englewood Police Orizen Academy Graduates.
7. Recognition of Unscheduled Public Comment (Please limit your presentation to five mtnutes.
lime for unscheduled public comment may be ~mited to 4 5 minutes, and if lomi1ed, shall be
continued 10 General Discussion.)
8. Communlcaloons, Proclama1,ons, and Appointments.
a. Lener from Eric Bertoluzzi announcing his resignation from the Urban Renewal Authority.
9. Consent Agenda llems.
a.
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Approval of Ordinances on First Reading. 'Z1 ~ ~~ 7 a,/ . ,
Counci l Bill No. 12 -Recommendation from the Finance and Admlnistraie '7 (,, ~ ll <e/-
Servlces Department to adopt a bill fo r an ord inance amend ing the Englewood (J
Municipa l Code regarding pawn shop and au to pawn transaction fees. STAFF 7 r!,/
SOURCE: Frank Gryglewicz, Director Finance and Administrative Servi ces.
Ple.tsr n01e It you have I dis~llty and need auxU,ary afds or setvlces. olea.se notify the City of Enalewvod
1303-762,24051 •• l•iUt 48 hours In advance of,-1,en servlc,s are needed
Ens)e,lvod 01\ Council Agenda Aprill0,2009 Page 2 b. Approval of Ordinances on Second Reading. Council Bill No. 9, authorizing an Intergovernmental Agreement whh the Regional T ran~portation District for the art shuttle cost-sharing. oi/J_ ii, Council Bill No. I 0, authorizing the "First Amendment to Connector's
Agreement Sewer Contract No. s• between Southgate Sanitation District and
the City of Englewood.
C. Resolu tions and Motions.
Recommendation from the Community Development Department 10 approve,
Po; motion, an agreement between the City of Englewood and First Transi~ Inc.
o r the 2009 operation of the art circulator shuttle in the amount of
$240,906.2 4. STAFF SOURCE: Harold J. Stitt, Community Development
Planning an., Housing Coordinator.
10. Public Hearing Items. (No Public Hearing scheduled.)
Ordinanc~tions and Motions 11.
a. Approval of Ordinances on First Reading.
ii.
Council Bill No. 13 -Recommendation from the Community Development
"Uepartment to adopt a bill for an ordinance approving a Memorandum of
Agreement to continue Englewood's participation in the Colorado Brownfie lds
Cleanup Revolving loan Fund through June 30, 2012. STAFF SOURCE: Darren
Hollingsworth, Economic Development Coordinat or.
Council Bill No. 14 -Recommendation from the Police Department to adopt a
oilffor an ordinance authorizing the application for and acceptance of a Justice
Assistance Grant In the amount of S 144,662. STAFF SOURCT : lohn Collins,
Deputy Chief of Police.
Approval of Ordinances on Second Reading.
Reso.£ and Motions.
Recommendation from the Finance and Administrative Service Depa'1men1 10
approve a resolution authorizing yea r-end supplemental appropriations to the
2008 Budget and transfer between funds. STAFF SOURCE: Frank Gryglewicz,
Dlredor Finance and Administrative Services.
Pl<,.,. note: If you hive • disabllny and need 1udh,y .Jd1 or ,eMC .. , please no~fy th• Oty of E,,gl<wood
1303-762,2-IOSI ii le1S1 48 hon In advinc:e ol ,.hffl k!MCH .,, nttded
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En~,ood c,i-Couo>C11 ~genda April?0,2009 Pago 3 ii. Recommendation from the Community Deve lopment Department to approve, by moti.!ID,_1 contract to construct Phase 2 oi the Paseo Pro]Kt Staff recommends a" arding this contract 10 the lowest qualified bidder, landtec'1 Contractors, Inc .. In the amount of $107,201. STAFF SOURCE: Brook Bell, Community Development Planner II.
1 2. Gereral Discussion.
a. Mayor's Choice.
b. Council Members' Cholce.
13. City Manager's Report.
14. City Attorney's Report.
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a. Settlement proposal for Montgomery"· the Cit)• of Englewood.
Adjournment--~
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Pit.,. nooe· Ii \OU have• d1Silblti~ and need auxillal), aids or ,.rv1,es, please noti~• 1he Cloy o( Englewood
1303-~62-2 4051 al lo.., 48 hours ln ad.>rKt oi .,t,,n strvlces ar• flffdtd.
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Call to Order
ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session April 06, 2009
The regular meeting or the Englewood City Council was called to order by Ma)'Of Woodward at 7.37 pm
2 Invocation
The invocallon was given by Council Men:her McCashn
3 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Mccaslin.
4. Roll Call
Present
Absenl
A quorum was present
Council Members Jefferson, Moore, Penn. Oakley, Mccaslin, Wilson ,
Woodward
None
Also present Ctty Manager Sears
City Attorney Brotzman
i><!;:,Jty City Manager Flaherty
Deputy City Clerk Bush
City Clerk Ellis
Director Fonda , Utilities
Director While, Convnunity Development
Horticultural Speaalisl Barton, Parks and Recreation
F,re Chief Pattarozzi
Deputy Fire Chief Stovall
Police Commander Condreay
5 Con11deratlon of Minutes of Previous Session
11111
(a) COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED,
TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MARCH 23, 2009.
Mayor Woodward asked d there were an~ correctrons or modrficalions There were none
Vote resullt:
Motion carried
Ayes: Council Members Penn, Mccaslin, Moore. Woodward , Jellerson,
WIison, Oakley
Nays: None .6 Recognltbn of Scheduled Public Comment
(a) W1lhom Bills, an Englewood resodenl , sard I would hke lo lalk about keeping my boal al my
house I hav,• no back yard access or room lo put my boat In my ba~!· yard This has nol been a problem up
until lasl iear as long as we followed se1 rules that promoted responsible ownership and punlshMent for
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Englewood City Council April 06 , 2009 Page 2 orrespons1ble owners We hve 1n an area bordered by industrial areas on the east and south sides and Denver on the west and north Dartmouth to Evans and Tejon to the Platte River There are only two alleys In this whole area There are over a hundred homes , many townho uses like mine , with this same prob lem I was ticketed In the fall for having my boa parked 1n my front driveway . So , we put !he boa t In storage . Since then my wife has lost her Job and the expense 1s gelling to be too much I do no t understand what happen ed lo the rules lhal were allowed lo property owners without back yards or access the same nghls as olher property owners in Englewood As you can see by the pictures , I have a large driveway with more than enough room for
park ing lhat will nol block the view of cars or people us ing the sidewalks or the street People ,n this area need
lo be able to keep one off-road vehicle on their properly , because of high slorage cost and lhe same as all olher
Englewood residenls w1lh access to their back yards I would like to see a set or ru les set up to promote
re spon sible ownersh ip in these cases with no back y.ard access Until lh1s 1s resolved, I would like to al leas t
bring my boat back lo my yard without being ticketed Thank you
Mayor Woodward said thank you .
Mayor Woodward sa id typically , at the end of the meeting under Council Men,ber's Choice , we writ address this ,
if someone wants lo address it I know I have some ihings I would like to say regarding thrs . Thank you
Mr Bills said thank you .
Recognition of Unscheduled Public Comment
(a) Barry Shields, an Englewood busme:ss property owner , said Honorable Mayor and Counc il
Members . I o,"n a piece of property at 4450 So ,h Windermere Street with four other people It is a four acre
piece of property along the rai lroad tracks , down the re between Quincy and Tufts . We have owned this property
srnce 1986 . We rent this property out by the square loot at the present trme In Oc tober of last year , we noticed
the company to the south of us , wh ic h Is Garmat Garmat Is a company lhal puts In paint booths They are to
the south of us and they were putting up a large metal building . I didn't see a draining syslem on ,t and the
reason that we inquired about thal is because we have poor dralnae ~ down there . So I came down lo the
Englewood Bu ilding Department to loo k at the plans I was told Iha, this new building had a rutt guller system
and the waler would go oul to Navajo Street. I atso asked about a setback on property lines and was lold that
that wasn'I needed in industrial areas and sites, and some times not In downlown businesses in Englewood In
November, Lefever Const ruction Company, who was putting up the metal building , came over and asked ir they
could remove our fence for a few days to finish putt1rog up metal siding on the new building We said okay . I
called two weeks later and asked why the fence wasn't pul back up . Lefever called me back and asked If lhey
could just attach the fence lo the building . They said there wasn 't enough room lo put the fence back up At
lhal time, I came back down lo the City Building Department and took a look at the plans again Al th,s hme , I
meet with Larry Nimmo of the C1ly of Englewood . Larry , In looking at the plans , said lhal there should be 9
inches from the property hne but he agreed lo meel me at the site and to take a look al II Arter looking al it. he
sa id the bu dd ing was over the property line, if our fer\ce was c~rrect I said that we had a survey on our property
and our fence rs setback 4 to 5 inches msrde the property hne Larry , I guess at this time, took II from there and
put a stop-order on the bu ilding . And . that is bas,call y where we are at this time and lhal was from lasl
November Garmat did a survey after this and I th ink It wa s reque;ted by lhe Cit y or Eng lewood lhat they gel a
survey , and they confirmed that they are over the pro pert v line b·· 9 V2 or 10 inches If they were supposed to
be 9 inches rrom the property fine and they are over by 10 mchet I looks li~e to me that is somewhere about a
19 inch mistake I have a couple of question s How can :he City p•;e perm1ss,on to pul up an Illegal bdld1ng?
That 1s you guys , how do you do rt? If you are the only entrly tha 1 can give a perm1I to build a bu ild ing on a
piece or land , you should be respons ible or doing II right How can two separate com panies , a cement company
and a building company ... these are two separate companies at differenl limes , submit and get okay plans lo
bui ld a two-story bu ildir:, 150 foot long, and they have no Idea where the property line is? Your commercial plan
review on this s,te plan stinks The company needs to provide a site plan that shows dimens io ns reflecting the
distance to property iines This has to be done , accord1ng'to you , lo process lhe perm1I accurale ly This wasn 'I
done and the City okayed 1I anyway Also , your Bu rldmg Department states that lhe1r rnspec lron serves two
main purposes and the second purpose 1s to ve ri fy lhal the aclua l work Is bemg done as shown on tile approval
plans The approval plan shows rt should be 9 inches back from lhe property hne But s1111 , the pro1 ec 1 got bu 1II
1 O inches over I don 't know you have inspectors , I gu es s This agreemen t was between the City o:
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Englewood City Council April 06, 20G9 Pa ge 3 Englewood and lhe comp;;;,y, Garmal It was not w1Ih me It was not with my other owners Nobody asked us what was going oa Nobody asked us We had full surveys w,th plans on our propeny Nobody asked us about It Now, the City says, we need to work something out with Garmal II may be a civil matter between Garmat and me I do not wish to get ,nto th is ag reement, Th1s wa s an agreement betwee n you and another co mpany It wasn't with me. And I do not wi sh to sell any land at this time, and neither does my other owners They wish that this would just go away , This land 1s a subdivided piece of land that we have We have ten lots on that land These are narrow lots that are to the north of the Garmat build ing. Right now, we rent that out to a
company and lhey park trucks and trailers and they back up to the fence Well now, there 1s no fence, so lhey
are backJng the trailers up to this raw metal bu1ld1ng that is on our property I lhinlt the City IS very neghgent In
not requ111ng an exisllng or at least a new survey, on property line constructlon The City of Aurora doesn't even
let property lone construction go anymore they won't even do ,t The City or Denver requires 1l so I'm
wondenng why II tSOl a requirement In Englewood All the crnes that I called require a property lone to be shown
on a srte plan You guys did not Now, six months later, we sbU have water running on our property from the
Garmat builchng that has no drainage system put up because of the stop-Ofder put on il I would l,ke to know
what I have to do, or how long I have to wait, before the City would take charge, and do what they dodn'I do to
start with and eilher have them move, have lhat building set back a loot, or tell them to take the building down
It ls not doin g me any good They've got an expensove building over there that they can't use. And now I think
the City of Englewood has done something because I came in about two weeks ago and lalked lo the Building
Department and now Garriat has called me. wanting to talk to me and set up some meetings. I don't see In
!o~ay's soci6ly how .. , the wv~d somethl~g like this could possibly happen. I loo ked at the plans today. The
nr,r\n ,Ide of that building has no property line on it. It j ust shows our existing fence. which Is 4 Inches back. So
who do I talk le, with the City lo find out when they will do something about that building? I do not wish to be
lnslJe 1h1s agreem ent v.,,atsoever But that Is on my property and n will oome down Either I will forcibly ta ke ,1
dov.n 0' ,ou guys can take it down, but It will come down Who do I talk to on that? And when will they get
ba• • w,1 me? I'm done. It's your tum
II ayor Vt )0,1ward said thank you
t a, • .Voodward said aga,n, this Is a presentahon to Council and responses will be addressed later We will
aJdres!, ft under Council Membe(s ChoiCe
Mr Bills said do I hear a time? Council M~'Tl ber Jefferson sa,d towards the end ol the meet,ng Mr Bills said
okay, tha nk you very much. Council Member Jefferson said thank you
B Co mmunications, Proclamatlons and Appoint men ts
(a) A proclama!10n dec laring Aprol 17. 2009 as Arbor Day was oonsldered
COUNCIL MEMBER McCASUN MOVED, AND COUNCIL MEMBER PENN SECO NDED, TO APPROVE A
PROCLAMATION DECLARING APRIL 17, 2009 AS ARBOR DAY.
Mayor Woodwald asked ,f !here wert any comments
Mayor Woodwald said I JUSt want to ment,on that as stated ,n the Proclamat,on, the City of Englewood has been
recognized for 24 consecubve years as a Tree City USA by The Na110naI Arbor Oay FoundalJOn So ,r there ,s
no other d1scusSIOf1, please vote on the proctamatoon
Vote results :
Mouon carried
Ayes.
Nays
Council Members Penn, McCashn, Moore, Woodward , Jefferson,
Wil son, Oak ley
None
Hor11cullu, di Spec,al1st Jerry Barton of Parks and Recreat,on accepted the Proclama11on He said for our Arbor
Oay celebralton. we are doing a tree planIlng demonstration over at Charles Hay Elementary School and I've
also got Matt Mayo with the Preservabon Tree Care Company, who win g,ve a cl1mb1ng demonstralJOn for the 54
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Englewood City Council April 06, 2009 Page 4 second graders They are going to be partlc,pahng In this and we will be gIv,ng oul llltle Blue Spruce seedltngs lo each or lhe sludents. And then the Saturday before , on the 18", at Centennial Park, we will be doing our tree giveaway with 60 different varieties of trees In No. 5 containers. That will be a first come-first serve basis to the citizens of Eng lewood Mayor Woodward said that Is on the 18"' al Centennial? Mr Barton said yes, on the 18'" from 8 am. to Noon al Centennial Park
Council Member Penn said Jerry, the Charles Hay ltee planbng i s? Mr Barton said that 1s from 12.30 p.m until
probably 2 30 p.m., we hope Council Member Penn said what date i s that again? Mr Barton said that was
Monday, Apnl 2o"
Mayor Woodward said grea~ thank you Vanous Council Members thanked Mr Barloo
(b) A proclamation declaring Apnl 26 to May 2, 2009 as Nalional Crime Victims' Rights Week was
considered.
COUNCIL MEMBER McCASLIN MOVED, ANO COUNCIL MEMBER WILSON SECONDED, TO APPROVE A
PROCLAMATION DECLARING APRIL 28 TO MAY 2, 2009 AS NATIONAL CRIME VICTIMS' RIGHTS WEEK.
Mayor Woodward asked If there were any comments There were none.
Vole rHultt:
Ayes:
Nays:
Motion earned.
CounCll Members Penn, Mccaslin, Moore, Woodward , Jefferson,
Wilson, Oakley
None
Pot,ce Commander Gaiy Condreay accepted the Proclamation He said thank you very much
9 ConHnt Agenda
(a) Approval of Ordinances on First Reading
There were no additional items submitted for approval on first reading . (See Agenda Item 11 )
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 9 (b) (I) and 9 (c) (I),
Vote resultt:
Ayes. Council Members Penn, McCasltn, Moore, Wood-Nard, Jefferson.
Wdson, Oakley
Nays None
M011011camed
(b) Approval of Ordinances on Second Reading
(t) ORDINANCE NO. 7, SERIES OF 2009(COUN t.lL BI LL NO 8, INTRODUCED BY
COUNCIL MEMBER McCASLI N)
AN ORDI NANCE AUTHORIZING THE REDE MPTIO N AND SALE OF PRO"ERTY ACQUIRED THROUGH
THE HOUSING REHABILI TATION PROGRAM LOCATED AT 290 EAST BC t LEWOOD DRIVE IN THE CITY
OF ENGLEWOOD , COLORADO
(c) Resolutions and Mottons
(1) RESOLUTION NO 35, SERIES OF 2009
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Englewood City Council April 06, 2oor Page 5 A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR THE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT FOR THE ENGLEWOOD FIRE DEPARTMENT INSTEAD OF THE COMPETITIVE BIO PROCESS UNDER SECTION 116 (bl OF THE HOME RULE CHARTER Vote res ults:
Motion carried
Ayes Council Members Penn, Mccaslin. Moo,e, Wooelward , Jefferson
Wilson, Oakley
Nays None
10 Public Hearing Items
No public heamg was seheduled befo,e Council
11 Ordin an ces, Resolution and Motions
(a) Approval of Ordinances on First Reading
(1) o,reclor White presented a recommendalion from the Community Development Depart ment
lo adopt a boll for an ordinance authorizing an lntcrgovemmental Agreement w1lh the Regional Transportation
Oostricl fo, the art shultle cost-sharing He said this Is a Council Boll to aulhonze an lnlergovernmentaf
Agreement woth RTD to continue operation of lhe Art Shuttle As you are aware, last year we also entered Into
an IGA with RTO to conbnue the operalJOn of the Art Shuttle What the fGA stipulates Is that we WIii re,mburse
RTO With an amount equal to the local fare boK revenue that os los~ which would nave been colfec1ed had fares
been collected for lhe riders on the Art Shuttle These are nders tnal don~ have a transfer o, a pass to use on
RTD facifllles The amount of compensation ts determined by a survey that Is done by RTD of the nders on the
Art Shuttle In March 2008. II was determined that the lost fare revenue would amount lo $70,713 00 for lhe
calendar year 2009. No other aspects of tho operation of the shuttle w,11 change ills lhe result of this IGA The
operahon will still occu r Monday through Friday from 6'.30 a m lo 6·30 p.m We are recommend ing approva l of
a bill for an ordina nce and wo ll be back on second reading At that lime, we wi ll also have the conlracl woth lhe
actual operator of the Art Shullle. which ,s First Trans,l They are lhe ones that acIually provide the service lo
us anld RTD does reimburse us for lhe costs of operatong that shuttle le•s lhe losl fare revenue Wdh lhal. I w,11
conclude my p,esentation and wiU dny quesoons thal you may have
Mayor Woodward asked ,f there were any quesI1011s
Mayor Wooelward sa,d I know lhal 11 slales ,n your communocaloon but Just for lhe record. lhe $70 713 00 was
included on the Communily Development Oepartmenl's budget for 2009 and appropriated? Mr Whole said yes.
lhal ,s correct Mr 'Noodward said okay
COU NCIL MEMBER OA KLEY MOVED , ANO COU NCIL MEMBER WI LSON SECONDED, TO APPROV E
AGE NDA ITEM 11 (a) (I) -COUNCIL BILL NO. 9.
COU NCIL BILL NO 9, INTRODUCED BY COU NCIL MEMBER OAKLEY
A BILL FOR AN ORDINANCE AUTHORIZING THE INTERGOVERNM ENTAL AGREEMENT ENTITLED
• AGREEMENT RTO & CITY OF ENGLEWOOO COST SHARING FOR THE ARr BElWEEN THE REGIONAL
TRANSPORTATION DISTRICT (RTO) AND THE CITY OF ENGLEWOOO, COLORADO.
• Mayor WOOdward asked If there was any furlhor doscussoon
Council Member Moore saod I 1usl think ol os wor1h nolong lhal the ndersh1p Is ImpressIve To see lhal from the
average for 2005 of 14 800 riders a monlh and every year ol keeps mcreas,ng from December 2007 moving
from 17 000 lo 19 00(1 and then 2009 tS off 10 a roarw,g sla~ clearty proving lo be an 111c,eas,ngty popular
service They are omp,essove stats
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Englewood City Council April 06, 2009 Page 6 Mayor Woodward said I Just wanl 10 second that I get so many comments from people regarding the Art Shuttle Please don't le! anything happen to the Art Shullle So these numbers, when I was looking al them . they are Just amazmg that every month, 1t seems ' .xe, they conl,nuously go up I th ink it Is a rea l service lo a lot of people workers and seniors and students Mayor Woodward asked if there were any other comments There were none
Voto results:
Mot,on earned
Ayes Council Members Penn, McCaslm, Moore, Woodward, Jefferson,
Wilson, Oakley
Nays· None
Director White said thank you
(n) Director Fonda presented a recommendation from the UWities Department to adopt a bm for
an ordinance a~~1orizing the 'First Amendment lo Con necto(s Agreement Sewer Contract No. 8" between
Southgate SanilaUon District and the City of Englewood He said we have Connector's agreemenls wilh all ol
our sanitation districts and a number of them will be expiring Southgate's will be expiring later this year and we
have worked out, with the legal department, that th is wm be fine to extend it lor the same period that we had ii
before, which I believe is 20 years. We are adding, lo all the new ones, a provision thal brings ,t In lone with the
TABOR requirements Other than that, it Is Identical to the one that we have been usmg for the last 20 years
w,th all the connector distncts. So, we would reco mmend that we continue the contract
Mayor Woodwalll asked d there were any questions There were none.
COU NCIL MEMB ER McCASUN MOVED, AN D COUNCIL MEMBER OAKLEY SECONDED, TO APPROVE
AGE NDA ITEM 11 (a) (Ii)· COUNCIL BILL NO. 10.
COUNCIL BILL NO. 10, INTROD' '"cD BY COU NCIL MEMBER McCASLIN
A BILL FOR AN ORDINANCE AUTHORIZING THE "FIRST AMENDMENT TO CON NECTOR'S AGREEMENT
SEWER CONTRACT NO. 8" BETWEEN SOUTHGATE SANITATION OISTRCIT AND THE CITY OF
ENGLEWOOD.
Mayor Woodward asked if there was any discussion . There was none .
Vol e results:
Ayes. Council Members Penn, McCashn, Moore, Woodward , Jefferson,
Wilson, Oakley
Nays None
Mollon earned
Mayor WOOdWard said thank you Stu
(b) Approval of Ordinances on Secorid Reading
There were no additional items submitted for appnoval on second reading. (See Agenda Item 9 • Consent
Agenda I
(c) Resolutions and Motions
(1) Oireclor Whtie presented a recommendation from the Community Development
Department to authorize. by mot,on, the use of Cily-owned property at 3415 South Broadway 10 conduct a
Farmers' Markel He sa,d stalf ,s presenting and recommending approval of a mot,on 10 authonze the Chamber
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Englewood City Council April 06, 2009 Page 7 of Commerce to conduct a Farmers' Market on property the City owns II fronts on Broadway and 11s address ,s 3415 South Broadway We have "1Cluded ffl your packel the application and letter from the Chambef of Commerce makfflg the request lo the Ctty We are currently processing a lemporary ust0 permit, which ,s required for this particular land use appllcahon The Unified Developmenl Code a lso r«!'lL •. ·s thal when an appllcanl ,snot an owner of lhe property, lhat the perm,ss,on from lhe property owner to conduct Iha! land 's actJvity be sought And so that Is why we are 1n front of you ton19h~ requesbng your authonzat10n to the Chamber to conduct the Farmers' Market on tlus IJ(operty The Farmers Markel will also~· <.onclucted on
property owned by the Urban Renewal Authonty and lhey considered this request on March . 1" They
aulhonzed the use of URA property with several cond,ums and we are recommending that Council authorize
the use or Clly owned property with three of the four cond1uons that URA recommendeu Those would be 1)
that the Ctty be named as an additional insured on the insurance policy lhal covers ,.., event, 2) that the
IJ(operty be cleaned after every Saturoa1 event when the Farmers' Markel is bewig r.onducted, and 3) that the
property be returned to ,ts ong ,nal condition upon the concfus10n of the event In October, should any
modifications out of the ordinary happen to the property With that, I will conelude my presentahon and answer
any questions that you may have.
Mayor WoodWard askel' ~ there were any queshon•
Council Member Mr<~-111 said what ,s the venue for publicity for the Farmers' Markel? f thin k tt ,s a great idea
but who wi ll b0 ~r•1•y puh :l:ing and so forth for the Farmers' Markel?
Counal Member Penn said that would be the Chamber of Commerce They will be doing aB the adverus1ng
We have a banner going across Broadway that we have already applied for There will be posters throughout
lhe City or Englewood and we will also send out ftyers to all the cillzens .
Council Member Mccaslin sa,d I think ii Is a good Idea Thank you , Alan I appreciate It
Mayor Woodward asked d there were any other questions for Alan There were none
COUNCIL MEMBER WILSON ltlOVED, AND COUNCIL MEMBER J EFFERSON SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (I)-THE USE OF CITY OWNED PROPERTY AT 3415 SOUTH BROADWAY TO
CONDUCT A FARMERS' MARKET.
Mayor Woodward asked ,f there was any further dlscuss10n or comments
Council Member Wilson said I just think ii Is going to be a great venue and a greaI place lo have 11 Englewood
has needed II for a long time So thank you lo the Chamber
CoullCII Member Jefferson said 11 is a great use of the space that we haven't been using as well so ,rs fanlast,c
Council Member Penn asked before we show lhe votes, Gary, do I need to abstain since I'm making the
application City Attorney Brotvnan replied no, since you don't have a financial Interest In this
Mayor Woodward said I would Just like to second what Jill had said. I was talking to, and I don't remember who
It was, over at lhe Gala .. , the Chambers' Gala last week regarding the Farmers' Markel and 11 ,s starting on May
2nd. What kind of food could they have other than lelluce, spinach and that sort of thing? And ii was Interesting
lo hear that they actually have some of these farmers have greenhouses and are grOWJng numerous types of
IIUngs so 11 sounds like there's going to be qude a vanety I'm happy to say too that a number or years ago, the
Farmers· Markel was defined as agricuttural products and produce so t thfflk they should be very successful and
I look forward to ii
Council Member Penn said I think of a couple of extra things The people th;ot are running the Mazzott1 Farms
they win be kind of coord,naling that with the Chamber Their vendors are only allowed to bong consumable
,terns We do have hve Chamber tents that will be afford:!d to businesses, non-profits, sehools. or organiza110ns
that want lo come In and they will be able lo #1 1usl share lhe,r mforrnat,on aed their product or they wdl also
sell ii loo So the only non-consumable Items will be In the Chamber tents
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Englowood City Council April 06, 2009 Pago S Mayor Woodward asked 1f !here were any olher comments or d1scuss1on There were rionc Vote results: Ayes Council Members Penn McCashn, Moore, Woodward, Jefferson. Wilson Oakley Nays None
Mohon earned
12 General Discussion
(a) Mayofs Choice
(i) Mayor Woodward said the I.ton's lrain hopefuUy you saw lhe leller ,n our packet about
the Lion's train down al Belleview Park We WIii be drsc:uss1ng Ih,s next week al the Study Sessoo Being a
member of the Lion's Club. I had discussed It with the President of lhe L,on's lhal ll's nol possible for us lo
respond within thirty days, as he would hke 11 II is a lillle more d1fflcull lhan lhal, having lo do an ordinance. So
anyway, we w,11 have that drscuss,on next week The Parks and Recrea!Jon Comm,ss,on w,U be hav,ng ll al lhe,r
meetmg on Thursday evening .
Council Member Jeffet$OII said your honor, just a qu,ck question for you He asked ,f they were understandi ng
of Iha! bme frame, I assume Mayor Woodward responded yes. Counc,I Member Jefferson asked are they
willing to work w11h us on the hme frame Mayor Woodward responded yes He said they aro very supportive of
lhe City hav,ng ll II rs something that the club, as U gets older It's just more difficult for lhe club 10 be laking
care of ll As membership has dWlndled, as service clubs have O'ler lhe years, 11 ,ust has become more dJffrcult
Council Member Jefferson said I appreciate thal He said I assumed !hey woufd be but I IusI wanted lo double
check Mayor Woodward said that lra1n, at leas! from our reports, meaning the Lion's Club's report, Is In good
conchI1011 The trestles are ,n good cond,tJOn The lrack ,sin good oond,I00 I th,nk lhe City, in our dIscuss10n.
obviously will do ,ts own reporting Counr ·I Member Penn said I lhmk !he Mayor wilt make a great oonduclor
Mayor Woodward sa id yes, I have nothing other to do in lhe summer and would love 10 do Iha!
(•) Mayor Woodward said I would also kke to remind everybody thal lhe NatKJnal league
of C1l 1e:. s11mma11es of lhe classes and worl\shops that we participated In, pleas, try lo wnle something down or
al least have some sort of notes lo share w1Ih the group al our Study Session next week
(111) Ma yor Woodward said to Mr Bills, I'd hke 10 mention that, and I lhmk I had menhoned
to Mrs Bills on the telephone, that we are having this as one of our Stud~ Session IIen11s nex t week so we will be
dtSCuSSlng access relating 10 backyards where !here aren1 a!leys or olher types of access Where, for example,
you have or appear 10 be five feel from !he property lrne and unless you put a hole through your house, you are
nol gomg lo gel back there So , we w,11 be addressing lhal and hav,ng discussion at our Study Sess,on nexl
week
(iv) Mayor Woodward said I wanled 10 ment,on also lhal lhe Englewood Chamber Gala at
CIIy CenIer last Tuesday was really a pos11ive expenence II was held oul in the alr,um area .,nd In the
Communlly Room I thmk Randy you we<e the man In charge and I thmk you had approximately one hundred
lwenly people lnere, somelhmg hke Iha! All I heard was very poslllve feedback We d!d have our sIste< c,1y
guests. mcludmg the Burgermelster Bernard Wellmann. who Is lhe Mayor of Belm, Germany and his wife
lrmhrid, Bernard 's brother FnlZ and his N''e Irene They were here on vacatKJn and were able lo allend I lhmk
everybody had a really good bme and awecialed lhe Hawaoan feslMIMIS
(v) Mayor Woodward said I would also hke to request, I guess for all of us and Mr Shields ,
,nformatJon 01 the problf,m with !he buichng perm~ I know Iha! you menlloned Iha! approval of lhe illegal
bu1ld1ng I guess we will dSk Gary for InformaI,on for all of Counctf Ive heard JUSI ahtUe bit ol II I don'! know~
all complele ly I would agree that a s1Ie plan lhat ha s a survey certa inly would be Iyp1cal and al leas! In my
experience a eertJl,ed su,vey fronn whoever rs building !hat's why you have cert1f1ed surveyors I would think
thal ee<la.,ly thal bu•lder or Iha! property owner ought lo have a survey Bui aga,n I ask Gary for the
• Englew ood City Council April 06, 2009 Pag e 9 background on !hat to provide from staH, from the Building Depanment , and from the Deve lopment Review Team so we au have lhe 01formab0n so we can know what we are dealing w,th !here As far as a 11metable I know we11 get !hat probably nght away Mr Shields spoke from lhe audl'!nce He said there IS one lh1ng that I d hke lo know and Iha! IS thal they are doing something about 1t II s been several months now I know that Gary ,s waking on ,t I know lhat lhe Bultd,ng Departmenl has worked on 11
Mayor Woodward said I understand lhe frustrat10n and I can't answer lhal nght now because I don't know but
we will cena1nly, when we get It 1n ou, packets , be back ,n touch I thmk You'll know what ,s going on w11h that
Again rrom the audience, Mr Shields 581d sot should know by next week then Gary?
Ctty MSJ1ag..< !.ra,, s. . • !here is a building permit issue by an approved set or plans, with a stamped approv;,,
You've r&v!< wed lhu ,..,;:enal at the Building Department and ii ,s my understandOlQ that we wiB provide City
Council w11h l~P. 1nf,,11nation as to exactly wh ere the p rocess Is There Is a stop work order on lhat budding at
this point In tome Tl •9rc ,s also an attorney Involved that was on the le tter that you forwarded so there is some
legal ~ lom,al!On Iha• I th~•k Council needs to be aware of But we will, under Dan's dlrect10n o, with Dan's
approvdl, provide infor: 1Ation to the City Council as to where the status of the issue Is at this poonl ,n ~me.
Council Member W::.~-'laid excuse me Lou needs .. City Cieri< Ellis said the gentleman needs lo speak Into
the microphonc Wu ar, oot sure that we are picking him up on the recording Council Membef Wilson said so
II anyone 1, ta lking fro,,, the audience , they need to come forward to the microphone
• Mayor Woodward said okay To summanze what Mr Shields said, for the reco<d, was that he would kke 10
have a timet;,bln ,:t :o when he coulu expect e response and whether that would bo next week or not That Is
what Gary was addre~S1ng Is that accurate? Mr Shields said yes sor Mayo, Woodward said that was
atflm,atM!
May0t Woodward sa10 1hat 1s all I have and I will move ,t en to Randy
(b) Counci l Members' Choice
(1) Council Member Penn
1 He said thank you Mayo, The Bolts have known me fo,ever I had all of their kiJs I really believe thal
we are l>Mgong th,s issue back up and that there ,s sin Issue with no alley and no side access Hopefully as we
continue lo go, we wil l rin d a resoluUon for you As far as you being able to park it there right now, you bener
check
2 He said 3arry, this is the rorst lime we have h eard ot ,t Please, I know this Is redundant, but please be"
hltle pabent with us and as soon as we find out as Councd, we can go forward and make the decision and help
you and allev,ate you from a problem that you shouldn't have had So please help us oul by 1usl being a ktue
patie nt uga1n. t know you probably have heard tha t but It you do that tor us, we woulc. appreciate ,t and we'll get
baek lo you hepelully as soon as we can, within the week
3 He said to everybody In the Coty that helped with the Gala, I want to say thank you Gosh Gary, your
office, the two ladles there, did a tremendous job helping us get the forms, make sure we had all of the correct
permits and everything II you would just thank them for allowing us to have the Gala on the City and f0t guod,ng
us through all the processes because Im not use to doing all of this So a b19 huge thank you .4 He said the Arbor Day hopefu,ly I wtlt be there I w,11 help you either t can Just stand and look good
well ma1be I can't do that but I will do whatever we need to do ever there Sot th,nk that ,s a great day and
so hopefully 1t continues to go
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Englewood City Council April 06, 2009 Page 10 5 He said I know someone Is going to bring this up on the money thal we are askmg ror from the City, ror the Gala sponsorship I know Bob Is going to bring that up I ca n address that l o you I gave you this other information that you received two weeks ago and hopefully I can heir vou or direct you w,th that 1nrorn , ,n The Chamber ,s trying to go In a new d1rect,on We are asking ror a1 .easl 10% less this year than we have had ,n the past and ~ things go nght, we can ask for 25% less than we have had in the past He said thank you and Iha! Is all I have
Mayor Woodward said thank you Randy
(ii ) Council Member McCaslin-
He said this Is the Cham~ thing I would tike to make a mobon II this ,s the proper time
COUNCIL MEMBER McCASLIN M, ~ED, AND COU NCI L MEMBER OAKLEY SECONDED, TO APPROVE
SPONSORSHIP FOR THE GREATER ENGLEWOOD CHA MBER OF CO MM ERCE'S 2009 GALA EVENT,
HELO MARCH 31 , 2009, IN THE AMOUNT OF $1 ,500.00.
Mayor Woodwa rd asked If lhere was any discussion.
Council Member Penn said I think the other thing with this Is that I believe Community Development has helped
us 111 the past on t~1s and If they do, wllateve1 amount they help, w~ can reduce this pnce and then even our
asking price woukJ be even less Hopefully we wm find that answer out al$0. They have sponsored us 1n the
past for the amount or $2600 00 and the total C lty donation th is year wou ld be S1500 00, instead of $4 100 00
Mayor Woodward said so ft really IS just a matter or its less money but where it ,s t
Penn saIa nghl
Mayor Woodward asked 1f there was any discussion or commen ts.
Council Member Moore asked If we could JUSt confirm lhe source or the funding
Several members said II was budgeted.
Mayor Woodward asked J there were any other oomments There were none
Vote reaults:
~ from CoullCII Member
Ayes Council Members Pen~. McCaslin, Moore, Woodward, Jellerson,
Wilson.Oakley
Nays None
Motion earned.
Mayor Woodward asked anything else Bob Member McCashn replied yes , a couple of things
2 He said Fnday, I and Randy and Jim anid Wayne aItended the Tn-C1ty breakfast meeting with the Cdy of
Littleton, the City of Sheridan and Englewood and basically, that's we meel .. I dM'I know how often we meet
We met with the City Council representatives, mayors and so forth and staff and Just talked about the various
1SSues between all three a~es In really hslenlng lo the other c.lJes I think Englewood Is in pretty g-;od shape
Don't hold me to the exact numbers but we're looking pretty good Knock on wood that we conl>nue lo grow and
to do what we are doing correctly .
3 He said secondly I would hke to thank Tom Munds ror the article about the Wash,nglon DC tnp All of
these allegations that are broughl up about these parties and spending aw of this greaI huge amounls of money
whe n we go on these trips t think Tom as the newspaper reponed very accurately, on about the educal!Onal
bene fits and some of lhe things tha t you do leam from lhe other cIlIes ,n this venue of Washington O C Tom,
thank you very much for your article
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Englowood City Council April 06, 2009 Page 11 4 He said theres another thing but I don l know how to approach this We had a memorandum that was sent 10 us and. you know, the cred1btl1ty Is 1t 1s from an anonymous person about the new police impact team They are asking about, If this new team come s about, what kmd of 1epresentahon as far as m1norlt1es and women will be on lh1s pohce force I really don't know where to take this Firsl of all, ii 1s anonymous and I do'., t know what kind of request they're asking for If they want a Council request? Do they want to know the process of how people are promoted? How do they lake classes? Bui d a~ybody would like to write me back. or let me
know, I would love lo do a Council Request on this But 1n 1111s memorandum, ,t says this 1s an issue that
bothers many of us In the community Whew. I mean, lh 1s 1s the first lime I have heard about 11 So 1f there are
a fol ot people being bot hered , I hope we don't lel It fester and all blow up al one time , Please let me know whal
you are looking for, and this goes out to anonymous
(ii) Council Member Oakley
He said I allende:t the Chambers Gala and I was very Impressed with the resl ivil ies I had a good lime
2. He said to Mr and Mrs e ms, I am sympathetic to your problem we·n try to get something worked out
for you
3 He said to the gentleman with the property line problem, I live In that neighborhood and I watched that
building being built It was built on an old railway spur line and I'm amazed that there could be an eighteen Inch
bust in that so we'H see what the problem !s That's it
(iv) Council Member Wison said I would 1ust hke 10 thank the BIiis and the Shields for
coming to the meehng and talking to us. I lhink it Is always best when we l>ear wha t is going on and how we
can address II and how we can help you, So than k you ,
(v) Council Member Jefferson
1 He said for Mr and Mrs . Bills, I Just want to thank them for com1nJ down I, too, am sympathetic. I
generally support the people's right to support. .or to store their personal property on their private property
Hopefully we can do thal but also ml nlm,ze the unpact on public safety as well as the aesthetics and other
community standards
2 He said to Mr Shields, hopefully we'll have some ,faff that will be responsive to you In commun1cat1ng
with you going forward here on this problem.
3 He said also on the Chamber Gala, I JUSI wanted to congratulate the Chamber and Randy on a very
successful event HopefuHy 1t is one of many to come That's au I have Thank you
Mayor Woodward said I'm taking Mayor's privilege I have one other Item I had mentioned al the Tn-C1hes
meehng that I had heard from one of our residents regarding a problem with sound coming from the Super
Target over ,n Shendan, from the methane pumpmg slat,on I shared that with Shendan and Llttleton JUSt
happened 10 be there so they got it too It evidenlly Is Just the level where the sound comes right from t"'5
pumping station and hits this neighborhood and Is qu11e loud at nlghl S~e was kind enough lo fax me the
C011tacts that she has made This was the first time I had heard about thl:., was last week 3ut she has
eVldenUy been workmg wi th different people from COOT. Super Target at She1odan, and Target In Minneapolis
In fact. they have even had an Industrial Hygiene Manager of Enwonmental Services come out from
Minneapolis Douglas County, Shendan, lx>th Ray Sample and A J Kneger, the City Manager. But I want 10
hand th,s to Gary to see what we ca a do staff wise It Is a certain area and how we can lac1l11ate those
neighbors ,n gett1ny this problem token care of with MIiier Weingarten They have not discussed II with MIiier
Weo,ganen They did not know about 1L But 11 sounds hke Target wants to have 1t taken care of She has the
names phone numbers and even h;>s the quotes
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Englewood City Council April 06, 2009 Page 12 13 City Manager's Report (a) City Manager Sears sa,d we'll do a follow up That Is an interceptor line that ,s owned by the City of UtUeton and the Clly of Sheridan May01 WoodWard said this Isn't the sewer Tins ,s the methane pumpu,g stabon that 1s pumping f 'Olll .. City M3nager Sears said so this isn't the hft stat,on Mayor Woodward said no. City Manager Sears said we'll do a follow up and see 1f we can cross the boundaries there Mayo,
Woodwafd said this Is pumping gas through a bulld1ng City Manager Sears said that was approved by the Ci1y
or Sheridan Building Department so that create s a little bit of a difficull situation We'll do a follow up on that
(b) C,ty Manager Sears said the only thing that I have to add is that the Germans really did
appreciate t e Gala They had a great t,me there . They appreciate the reception that the Council ga ve to them
They have n turned to Gennany It was a great event That Is reany an that I have
14 City Attorney's Report
(a) Cily Attorney Brotzman said there Is one Agenda item which I need to move back two weeks,
the set,lement proposal 101 Montgomery vs. The City of Englewood We have a handshake agreement on thtS
but while t was out on vacation, there was a httle glitch in the release language. So while we work that out, I
need two weeks. We'll just put It back on the Agenda again. I don't have anytt-;ng else.
15 Adjournmont
MAYOR WOODWARD MOVED TO ADJOURN The meeting adjourned at 8 29 p.m
Deputy City Clerk
PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT April 20, 2009
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
• April 3, 2009
~ lil'-"'Jr -#860 ~ Et.t.rr ~ ~ 'i!10 80110
Mr. Alan White, Executive Director
Englewood Urban Renewal Authority
1000 Englewood Parkway
Englewood, CO 80110
Dear Mr. White:
Sa
The time has arrived fo r me to resign fr om the Englewood Urban Renewal Authority. I have
enjoyed the years of my membership with the board and will be forever grateful to the City of
Englewood for allowing me to serve. The experience has been rewarding in many ways, including
•
my association with EURA members. They have all been &iendly and supportive. Needless to
add, ~e past few years have been a wonderful learning experience .
Please convey my best wishes to the EURA members.
Sincerely,
.$-~
Erir. Bertoluzzi
COM\11JNllY OtYtlOPMtNI DEPAAMNI
APR 6 2009
ENGIJWOCO, Ccm!A.'.Xl
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COUNCIL COMMUNICATION Date: Agenda Item : Subject: April ~O. 2009 9 a I A Bill for an O rdinance making changes to the Englewood Municipal Code regarding Pawnshop and Auto Pawn Transac ti on Fees Initiated By:
Department of Finance and Administra tive Services
I Staff Source :
Frank Gryglewicz, Dire cto r
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City Council discussed this issue at the study session on March 23. 2009 and directe d staff to
prepare a bill for an ordinance making the proposed changes .
RECOMMENDED ACTION
Staff recommends City Council approve the attached bill for an ordinance clarifying that fees
charge d fo r pawn and auto pawn transactions are im posed to offset the cost of adminis ter ing the
licenses .
BACKGROUND, ANALYS IS, AND ALTERNATIVES IDENTIFIED
In 2004, the Sta te Legislature passed Sendte Bill 04-109, which imposed restrictions on certain fees
charged to pawnbrokers. The City of En~Jewood imposes a transaction fee for each pawn transaction
form subm itted to the City, but the fee i; n:i osed is to offset staff time requi red to .dminister the license.
5-15 -4-G -11
Old:
Every pawnbroker sha ll pa)' to the City a fee for every tra11sac1ior hrm. This fee shall be
determined b)' the City and set b)' res olution .
New:
Every pawnbroker shall pay a iee fo r every tra1,sac11011 form submitted to the City. This fee is
imposed to offset the administration of thi s license . This fee shall be determined by the City and set
by reso lution.
5· 1 6-4-G-1 0:
Old:
Every automobile pawnbroker shall pay to the City a fee for every transacti on fo rm. Th is fe e shall
be determined by th e City and set by res olu tion .
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ORDL"IA.'>IC.'E KO. SERIES OF ~009 BY Al'TIIORI I Y COUNCIL lllLL NO. I! 11''TRODUCl:O BY COlJr-:CIL MEMBER ____ _ A BILI . FOR AX ORDINANCE AMENONG TITi_E 5. CHAPTER 15. SECTlOS 4. SUBSECTION G.
PARAGRAPH 11. PERTAINING TO PA\\;>:SHOP LICENSE FEES AND CHAPTER 16.
SECTION 4. SUBSECTION G. PARAGRAPH 10. PERTAINING TO AUTOMOBILE
PA\\'NBORKERS LICENSE FEES: OF THE ENGLEWOOD MUNICIPAL CODE 2000.
WHEREAS. the S1a1e of Colorado legislature passed Senate Bill 04-109 in 2004. which
imposed restrictions on fees charged 10 pawnbrokers: and
\\'HER.EAS. lhis leg1slat10.n has caused confusion fe8anling Cn) ordinances pc,1aining to
Pawnshop and Automobile Pawnbrokers License Fees: and
WHEREAS. the passage of this Ordinance is necessary 10 clarify the Cit)"s purpose for
imposing Pawnshop and Automobile Pawnbrokers License Fees:
NOW. THEREFORE. BE rr ORDAINED BY THE CITY COUNCIL OF THE cm' OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
Sw!smJ. The Ci1y Council of 1he City or Englewood. Colorado hereby authorizes amending
Title S. Chapter 15. Section 4. Subsection G. Paragraph 11. "Pawnbrokers and Sccr1dhand
Dealers -Special ".:nndi1i ons and Restricti ons of1hc License ... of the Englewood Municipal
Code 2000. to read !IS follo\\·S :
5-15: Pa,.•nbrokers and Secoodbaod Dealers.
5-15-4: Special Condilloos and Restrietionsoftbt License.
G. Required Acr.v:
11. Every P3\\11broker shall pay~ a fee for e,cry transaction fonn
s··bmiucd 12 tbs CitY• Illi11".J.'-impg$q110 offict the cwt ofadmimstenos 1h15
~ Tots fee shall be dctcnruncd by the Cny and iCI by resolution.
~-The City Counci l of 1he City or Englewood. Colorado hereby authorizes amending
Till e 5, Chnp1er 16, Section 4. Subsection G. Pnrngraph 10. ''Automobile Pnwnbroke rs -Special
Conditions and Res1ric1ions of the License", of the Englewood Municipnl Code 2000. to read as
follows·
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5-16: Autom obile r ownbrokers. 5-16-4: Spetial Conditions and Restrictions or tb t License. G. Rcquir.•d •◄crJ; I 0. Every automobile pawnbroker shall pay HHll&~y a fee for every transaction fonn .submitted to the Cin. Tots fcs; ,s imnomt to offset Jhs c-0st ofadmmwmns this license This fee shall be detennincd by the City
and set by resolution.
~ Safety Clauses. The Cuy Council hereby finds, determines. and declares that 1h1~
Ordinance is promulgated under the general poliec: power of the Cny of Englewood. that it is
promulgated for the health, safety, nnd welfare of the public, and that this Ord mnnce 1s neces,nry
for the preservation of health and safety and for the protection of public convenience and
\\tlfarc. The Citv Council further de1mnincs that the Ordinance bears a rational relation to the
proper leg1slati,..; object sought to be obtained.
~ Severabjlily If any clause, sentence, pnragraph. or pan of this Ordinance or the
application the!rcof to any person or circumstances shall for any reason be adjudged by a coun of
competent jurisdiction invalid. such judgmerlt shall not affect. impair or im·alidate the rernainde!r
of 1h1s Crdinance or it application to othe!r persons or c1rcumstanccs .
~ Inconsistent Ordinances All other Ordi nances or ponions thereof mconsistcnt or
conflicting with this Ordinance or any ponion hencof nre hereby repealed to the extent of such
in~onsistcncy or conflict.
~ Effect of repeal or mcdjfication. The repeal or modification of any pro,ision nf
the Code of the Cily of Englewood by this Ordinance shall no1 release. ext inguish. alter. modify,
or change 10 whole or in pan any penalty. forfeiture, or lia~ility, either civil or criminal. which
shall have been mcurrcd under such pro11Sion, and each pro-.sion shall be treated and held as
still reln8ining in force for the purposes of susmning any and all rroper actions, suits,
proceedings and prosecutions for the enforcemcm of the penally, forfeiture, or liabi lity, as well
as for the purpose of sustaining any judgment. decree. or order which can or may be rendered.
entered, or made in such actions. suits. proceedings, or prosecution!.
Sttilllll1 Penn11y1 The PerU1lty Provision of Sccuon 1-4-1 EMC' shall apply 10 c::ich and
cl'cry 1iolatio11 of this O1dinance.
Introduced_ read m full. and pJSscd on first reading on the 20th day of Apnl. 2009.
Published ns a Ball for an Ordinance in the City's official nC\\spnpcr on the 24th day of April.
2009.
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New: • Eve') automobile pawnbroker shall pa\ a iee ior ever. transaction iorm submitted to the Cir,. This lee 1s imposed to onset the administration or this license. This iee shall be determined b1• the Oty and set b\ resolution. FI NANCIAL IMPACT This action will not ha, e any financial impact on the Cir,• of Englewood.
UST Of ATTAC HME NTS
Proposed Bill lor an O rdinance
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• Published as a B111 for an Ordmance on lheCny"s official "·cbsne bcj;1mmg on 1he !!" da) nf
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Apnl. 2009 for thin) (30) days. James K Woodward. Mayor ATTEST ·
Loucnsb11 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 20th doy of April. 2009.
Loucrishia A. Ellis
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ORDINANCE NO. SERfES OF 2009 BY AL'TIIORITY COUNCIL BILL NO. 9 INTRODUCED BY "OUNC'IL MEMBEROAKUY AN ORDINANCE AUTHORlZING THE INTERGOVERNMENTAL AGREEMENT ENTinED .. AGREEMENT Rm & cm· OF ENGLEWOOD COST SHARING FOR THE ART' BETWEEN
THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGL[Wl>OD.
COLORADO.
WHEREAS, the Englewood City Council approved an intergovernmental Agreement between
RTD and the City of Englewood for funding of the Englewood Circulator Shuule for 2008 by the
passage ofOniinanC'e No. 10, Series 0£2008: and
WHEREAS. the Englewood City Council appro,·ed an lntcrgovcmmcntal AgrCffllCilt between
RTD and the City of Englewood for funding of the Englewood Circulator Shuule for 2004 -2007 by
the passage of Ordinance No. 50, Series of 2004: and
WHEREAS, the City of Englewood designed the Englewood Shuu lc to provide circulator shun le
service in the general area of the CityCentcr Englewood. downtown Englewood and the
Swedish/Craig Medical Center; and
WHEREAS. this service pro,idcs mobility and access 10 the commcn:111 areas in and around the
,iciruty of the CicyCcntcr Englewood light rail station. downtown Englewood and the Swedish/Cniig
Medical Center: and
WHEREAS, RTD provides bus service to and through th e CityCcnter Englewood area and the
area in and around downtown Englewood and the Swedish/Craig Medical Complex: and
WHEREAS, RTD and the City of Englewood agree that these services wil I complemcn•. each
other and provide anractive and effective transit service for people working and shopping in the area
surrounding the CityCcntcr Englewood: and
WHEREAS, the City Council of the City of EnglC\\ooJ, Colorado appro,·ed application to the
Denver Regional Council of Go,·cmmcnts (DRCOG) Ctlngcstion Mitigauon Air Quality Funds for
operation of a Circulator Shun le in November 2002: and
\\~-IEREAS. in November 2003 the DRCOG and the RTD approved the 2004 CM AQ and STl'-
Mctro funds to be transferred from the Federal Highway Administration 10 the Federal Transit
Admmistration for t•se by RTD as specified m the DRCOG 2003-2008 Transpcmation Improvement
Program: and
\\ 'HEREAS. the City Council of the Cny of EnglC\\'ood authonzcd an IGA cntulcd "Agreement
RTD & Cny of Englewood Cost Sharing For The An .. between RTD and Englewood pMiding for
the same level of service fro m September !O, 2007 through December 31, 2007 by the passage of
Ordinance No. ~6, Series 2007: and
\\"liEREAS. the passage of llus proposed Ordinance -.;a pm,idc th<: same level of scn·,ce ',~m January I. 2009 through Deccmb<'r 31. 2009; NOW, TIIEREFORE. BE rr ORDAINED BY ntE cm· COUNCIL OF TiiE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS : ~ The City Council of the City of Englewood. ColNa do hereby authorizes the IGA entitled "Agreement RTD & City of Englewood Cost Sharinr For The An .. be11A·ccn the Regional Transponation District (RTD) and the City of Englewood, Colorado, as attached hereto as fahibit A.
~-The Mayor and City Clcrl: are authorized to execute and attest said lntcrgovmuncntol
Agreement for and on behalf of tbe City of Englewood .
lnuocluced, read 1n full , and passed on firs t rcadmg on the 6th day of April. 2009.
Published as a Bill for an Ordinance in the City"s offic ial newspaper on the lo• day of April,
2009.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
April, 2009 for thiny (30) days.
Read by title and passed on fmai reading on the 20th day of April , 2009.
Published by title in the City's official newspaper as Ordin.mce No ._. Series of 2009, on
the 24• day of April, 2009.
James K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis. City Clerk
I. Loucristua A. Ellis, Cuy Clerk of the City of Englewood, Colorado, hereby ccntfy that the
above and fo regoing :s a true copy of the Ordinance passed on final reading and published by
title as Ordinance No ._. Series of 2009.
Loucrishia A. Ellis
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AGREEMENT RTD & CITY OF ENGLEWOOD COST SHARING FOR THE ART This Agreement 1s made lh1s ~ day of ~. 2009, between lhe Regional Transportation D1st11ct, a polttical subdivision of the state of Colorado organized pursu1nt to the Regional Transportation District Act, C.R.S. 12-9 101, et seq., (hereafter ·RT0•1. and the City of Englewood, Colorado, a Colorado home rule city (h ereafter ·the C,ty•). RTD and lhe City
may also be referred to herein individually as a •Party• and collectively as the •Parties•.
RECITALS
1. The City hes funded and operated route circulator bus service within the Englewood area
(the "art "} since September 2004. This service provides mobility and access from the
Englewood Civic Cunter to Swedish Me dical Cen ter and Craig Hospital along Englewood
Par kway and Old Hampden Avenue.
2. RTD also provides light rail and I• ,s service in and around the City .
3 . RTD and the City agree that these services are complementary to providing attractive and
effective transit service for people working and living in th~ area in and around Englewood.
4 . It is In tile interest of the parties to ensure the continuation of the art through joint funding
by the C11v and RTD as sat forth herein.
A GREEMENT
Now , t herefore, in consideration of the promises and obligations set forth herein, and for
other good and valuable consideration, the receipt and suffici ency of which are hereby
acknowledged. the Parties agree as follows:
1. OPERATIONS , MANAGFMENT ANO CONTROL OF THE ART. The City shall conttnue to
manage and operate, either directly or through its designated ~gent(s}, lhe art route
circulator bus service in the City . The City and/or its designated agentls) shall be solely
responsible for ell art operations, management, marketing, administration, and services
delivery functions, including provis.,,n of vehicles, vehicle maintenance, insuran~e and
accounting. As part of its operations of the art service, the City and/or Its designated
agentlsl shall provide fuel for the vehiclels l, the cost of w hich hall b( reimbursed ,s an
operating expense as provided in this A greemen t . Except as speclfically provided herein,
RTD shall have no respons ibility for the operations and manag,mient of the art. RTD shall
have no responsibility for, nrr authority o r control with res;ier;t to, the superv ision and
management of any employees or contractors who work In connection with the art.
2. COOPERATION. It is the In tent .>f the Parties to continue to work together to suppon the
provision of the art.
I • H I • I T A
A . Tne Crty and RTD shall each des,gnate a representative responsible for th.ii.. 1mplementat1on of this Agreement. • B. Cny and RTD staff will confer on markeung and service development issues and regularly exchange relevant in 1ormation in order to report progress to the respective organizations . 3. ART SERVICE. The art route, service hours and frequency of service shall be as shown on Exhibit A, which is attached and hereby fully incorporated by reference. The Parties hereafter may. upon mutual agreement m wming by both Parties, modify Exhibit A as
necessary to effect this Agreement.
4. MARKETING AND PROMOTIONAL MATERIALS . The City and its designated ag ent(s) shall
develop and Implement 8rt marketing and promotional materials and activities at their sole
c:ist. RTD stall will review and comment upon proposed market ir.g strategies and ma:erials.
RTD shall Include current art brochures, maps and other Informational and promotional
materials supplied by the City or its designatdd agentlsl at all of its information/customer
service centers. Specifications for such materials shall be approved by the RTD to ensure
compatibility with RTD display capability. The RTD cvstomer service telephone information
center will provide up-to-date art service and schedule information.
5. TERM AND RENEWAL. Tt,e term of this Agreement shall be deemed to have begun on
January 1, 2009 and shall expire on December 3 1, 2009. Thereafter, the Parties may, by
wri tten ag reement, renew the Agreement for successive periods of one veer each under t ~
same t erm~ and conditions, although any renewal of this Agreement will contain speci9
funding levels for t he renewal yearlsl. Nothing he rein ob ligat es RTD to make funds av aila b"le
for the an or to renew ,his Agreement in any future fiscal year. Even if this Agreement is
renewed in subsequent years, nothing herein shall imply funding will be renewed at the same
or any level
6. SIGNAGE. The City shall maintain all an signs and sign posts and shall be solely responsible
for all signage related to the art .
7. RTD FU NDING. As funding for the operation of th e art, RTD shall reimburse the City one
hundred percent 1100%) of the Net Cost of operating the art service.
A . Net Cost shall be defined as all operating costs for the an, including fuel, less Estimated
Farebox Revenue, based upon the regularly scheduled service hours and cost breakdown as
provided in Exhibit B, which is attached hereto and fully incorporated by reference herein.
Operating costs, as referenced herein, shall not include any administrative costs for the Cit)'.
The Cr ty 1s solely responsible for any additional operating costs relating to servi ce hours that
ex cee d those regularly schedu led service hours as shown in Exhibits A or B, including any
special events and holidays.
B. Estimated Farebox Revenue for the 2009 year of operation shall be $70,713, as provided
in Exhibit B. Since the City offers the an as a fare-free service, Estimated Ferebox Revenu.-.
is based upon a survey performed in March 2008 by RTD that determined the average ta•
that would have been col acted had the City charged RTD 's local fare for the art service.
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C. Nothing In this Agreement shall prevent the City from collecung contributions or fees from other entities to help defray the unrelmbursed costs of providing the art service. RTD shall not be a party to any such arrangement and shall not receive any direct allocation of or credit for such contributions or fees . 8. INVOICING AND PAYMENT . A . The City sha ll submit an invoice to RTD on a monthly basis for payment of the Net Cost pursuant to Paragraph 7 herein . The invoice shall include an itemized list of reimbursable
operating expenses, including fuel, and shall deduct $5892.76 as monthly Est imated
Farebox Revenue . In addition, the Invoice shall Include a summary, as agreed, of service
hours, mileage. the ~umber of passenger boardings generated as a result of provid ing art
ser,1ice, and any other information that RTD requests .
B. RTD shall pay all approved invoices within thirty (301 days of receipt. If RTD does no·
approve an invoice from the City or its designated agent(sl, a written explanation of
of disputed items will be sent within ten (10) days of RTD's receipt of the invoice.
9 . RECORDS . The City and/or its designated agentlsl will maintain full and complete financia l
records for the operation of the art, including but not limited to Information on the number of
passenger boardings on the art, any farebox revenue collected as a result of the operat ion of
art service, if any, and any other information that RTD requests. The City and /or Its
designated agent(sl shall make these records available to RTO for audit for three (3) years .
National Transit Databass (NTD) data shall be kept in accordance with Federa l Transit
Administration t•FT A •1 requirements and shall be reported as part of RTD' s NTD submission.
1 O.ART PERFORMANCE ASSESSMENT . The art service performance will be assessed by RTO
to determine If performance expectations have been met and to determine if the funding
provided by RTD is warranted . Performance will be evaluated in terms of RTD's service
standards for passengers per revenue hour of service and subsidy per passenger . If It
appears that service performance will not warrant continuation, RTD and the City will confer
on what changes should be made. If RTD chooses not to renew for failure to meet service
star,dards it shall nottfy the City by April 1 , 2009 that it does not intend to renew this
Agree;,,ent for the following year. If this Agreement is terminated due to lack of funding by
either Pa;?y in the next year's budget cycle it shall notify the other party on or before
December 1 and service will be terminated effective January 1. Nothing herein obligates the
RTD to renew or extend this Agreement at any time.
11.LIABILITY AND IMMUNITY .
A.The Parties agree that RTO shall have no liability to third parties arising out of the
operations or management of the art service and the Ci ty shall have no liability to third
parti es arising out of the operations or management of any RTD services.
B.To the extent that there is or may in the future be insurance coverage for the operations
of the art, the City and its designated agent (s) shall cause RTO and its officers and
employees to be named as additional insured on all insurance policies for any operations of
the art.
C.W1thout waIvIng the privileges and immunities conferred by the Colorado Government; lmmur111y Act, Secuon 24-10-101 et seq., C.R.S .. each Party shall be respons ible for a claims, demands or suits ar ising out of its own negligence. It Is specifically understood an agreed that nothing cont ained in this paragraph o r elsewhere In this Agreement shall be construed as an express or implied waiver by RTD of ,ts governmental immunity including hmitat1ons of amounts or types of liability or the governmental acceptance by RTD of liabilities arising as a result of actions which lie 1n tort or could he m tort in excess of the liabilities allowable under the Colorado Governmental lmmunrty Act, C.R.S. § 24-10-101 et seq.
1 2.NO LIMITATION ON RTD RIGHTS OR AUTHORITY . Nothing in this Agree ment shall be
construed l o limit RTO's rig ht t o es tablish routes or services or perform any f unctions
authorized by C.R.S. § 32-9-101. et seq.
13.NO THIRD -PARTY BENEFICIARIES , The Parties expressly agree th&t enforcement of the
terms and condluons of this Agreement, and all rights of action relating to such
enforcement , shall be strictly reserved to the Parties, and nothing con t ained In this
A greement shall give or allow any such claim or right of action by any other o r t hird pe rson
on su ch Agreements, Includ ing but not limited to subcontract ors, su bco nsultants, an d
suppliers. The Parties express ly in t end that any person other t ha n t he Parties w ho receives
se rvi ce s or ben ef its unde r this Agre ement sha ll be deemed to be an incide ntal benef iciary
only.
14.FJNANCIAL OBLIGATIONS SUBJECT TO APPROPR IATI ONS . This Agre em ent does nA
contain any multiple-fiscal year financial obligations by either party that extend beyond i'!P'
current fiscal year. The financial obhgat1ons of each Party under this Agreemen t shall be
subject to and hmited by the appropriation of sufficient funds t herefore by its governing
body. Funds for this ag reement have been bu dgeted, au t horized and appropriated by the
RTD Board of Direct ors for t he 2009 fiscal y ear. Nothing he rein obligates RT O 10 bud ge t ,
authon1e or appropriate funds for any future f isca l year. To the extent permitted by law, all
of the operating costs of the an and revenues, if applicable, of the an shall be treated by
RTD as its •operating costs· and its •revenues collected" for purposes of compliance with
C.R.S. § 32-9-119.7.
15.STATUS OF PARTIES .
A .The City, or its desig nate d agen t , shall be solely res pons ible for hiring, supervi sing en d
discha rg ing the employees or contractors w ho o perate t he art service. The RT D shell have
no responsibility for, nor authority or control wit h respec t to, the supervision and
management of the drivers and other employees or contractors who work in connection with
the service.
B.The Parties agree that the status of each Party shall be that of an independent contractor
to the other, and It Is not intended, nor shall it be construed, that one Party or any officer,
employee, age nt or contrac tor of such Party Is an employee, officer, agent, or representatl:'..I.,.
of the other Party. Nothing contained In the A greement or documqnts incorporated W
refe rence herein or oth erwise creates any partnership, joint venture, or ot her association or
relationship between RTD and t he City. Any approval. review, inspection, direction or
instruction by RTO or any party on behalf of RTD shall in no way affect elth&r Party's
mdependem contractor status or obligation to perform in accordance with this Agreement.
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Neother Party has au1hor1za11on express or 1mplted, to bind the other to any agreements, liability, 01 understanding except as expressly set forth in th,s Agreement. C.The City and/or its designated agentls) shall be responsible for all federa, and state taxes and contributions for Social Secunty, unemployment insurance, income withholding tax, and other taxes measured by wages paid to employees, as well as any subcontractor or vendor, The City acknowledges that 11, ,ts designated agent(s) and/or Its or ,ts designated agent(s) employees are not entitled lo workers' compensation benefits or unemployment insurance benefits from RTD. unles s the City or a third party provides such coverage, and that RTD
does not pay for or otherwise provide such coverage . The City shall be solely responsible
for its own actions, its employees and agents.
16.LEGAL AUTHORITY , The City and RTD rep resent or warrant to each other that they
have all necessary authority to enter into th is Agreement and 10 pe rform their obligations
hereunder and that this Agreement does not conflict with any other agreement that each
Party is subject or 10 which n may be bound . The person signing and executing this
Agreement on behalf of either Party represents that he/she has been fully authori zed 10
execute this Agreement and to validly and legally bind a Party to all the terms, performances
and provisions herein se t forth. The Parties shall have the right, at their option, to either
temporarily suspend or permanent ly terminate this Agreement, If there is a dispute as to the
legal authority of either the other Party or the person signing the Agreement to enter Into
this Agree ment. Neither Party shall be obligated to perform any of the provisions of this
Agreement after it has suspended or terminated this Agreement es provided in this
Paragraph.
17 .NO ASSIGNMENT . Except as otherwise provided in the Agreement, neither party may
assign the Agreement and/or any of Its rights and obligations hereunder without the written
consent of the other Pany.
18.WR ITTEN AME NDMENTS . This Agreement may be modified or amended only by a
written document duly executed by both parties.
1 g.NoT1CES . Correspondence regarding this Agreement shall be sent to:
For the City:
City of Englewood
Com munity Deve lopment Department
1000 En glewood Parkway
Eng lewood, Colc,rado 801 10
Attn: Harold Stitt
303.762.2341
For the RTD
Regional Transportation C1strict
1600 Slake Street
Denver, Co lorado 80202
Attn: Br uce Abe l
303.299.2839
The addresses or contacts may be changed by the Parties by wntten notice.
20.E NTIRE AGREEMENT. The terms and provIsIons of this Ag reement , including but not limned 10 the Recitals above and the Exhibil!sJ or Attachments Incorpore1ed by reference hereir. represent the entire understanding of the parues with respect to the subject matter of this Agreement, and merge, Incorporate and supersede all prior communicbtions between the City and RTD concerning that suJject. No representations or warranties are made by the City or RTD ex!:ept as herein set forth. 21.WAIVER ANO BREACH . The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon a subsequent breach.
22.GOVERNING LAW; VENUE. Eac h and every term, provision, condition, of this Agreement Is
subject to the provisions of Colorado law . This Agreement is subject to such mod ifications as
may be requ ired by changes in Colorado or federal law, or their implementing regulations. Any
such required modification shall automatically be incorporated into and be part of this
Agreement on the effective date of such change as if fully set forth herein. Venue for any
action arising hereunder shall be in the District Courts for the State of Colorado.
23.SEVERABILITY. The Parties expressly agree that if any part, term, or provision of this
Agreement is by the courts held to be illegal or in conflict with any law of the State of Colorado,
the validity cif the remaining portions or provisions shall not be effected , and the rights end
ob ligations of the Parties shall be co nstrue d and enforced as If the Agreement did not contain
the particular part, term. or provision held to be Invalid.
24.COUNTERPARTS. This Agreement shall be executed in two counterparts each of whlc.
when so executed and delivered shall be an original, but all of which shell together constitute
one and the same instrument.
ITHE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK .)
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WHEREFORE, the Parties have entered into tn,s Agreement as of 1he date first set forth above . REGIONAL TRANSPORTATION DISTRICT By:91t4fJ: Clarance W . Marsella {-fu.r())..Juj
General Manager
Regional Transportation District
Approved as to legal form:
Regional Transportation District
CITY OF ENGLEWOOD By: ___________ _ James K. Woodward
Mayor
City of Englewood
ATTEST:
.. oucrlshia A . Ellis
City Clerk
• Exhibit A art Service Descri ption S!!an of Serv ice: Weekday• 6:30 AM· 6 :30 PM Saturday• No servi ce provided
Sunday-No servi ce provided
Holidays• No service provided
Service Freguanc~:
Weekday every 1 5 minutes
Saturday-Not Applicable
Sunday-Not Applicable
Holidays-Not Applicable
Annual Revenue Hours:
Webkday-6,144 • Seturday-Not Applicable
Sunday• Not Applicable
Holidays-Not Applicable
Total 6 ,144
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Exh1b11 B Summary of Anuc,pated Operaung Costs and Revenues Expense• January 2009 -December 31 • 2009 an operaung hours expense-6144 hours@ 39.21 per hour an fuel expenses
Expense
Estimated Farebox Revenue-January 2009 -December 2009
Passenger fares based on March 2008
survey
Total Revenue
$ 240,906 $ 27,1 82
$ 268,088
$ 70,713
$ 70,713
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Regional Transpor1ation District Ol/r m1S$.r()II
To:
From:
To m,at out consmu11nrs • prfl!Hffll and f1Jtllff pul'Jlrc Jr•nsit ne•:111 D•· oft•~ 1,1fr c '-•t ,ffl111bltt, covrtoaus, accauiblt •nd co."lt•ell11cr111~ stu111ctt 1hrou11np11r lhfl D•'ttr,cl
t General Manager, Pubhc Affair,
Clarence W,
March 19, 2009
fRtir(O Memorandum
Sub.f8C\ Delegation as Acting General Manager
This will confirm that during such time as I am away from the office on Saturday, March
21, 2009 and Sunday, March 22, 2009, you will assume on my behalf and in my stead,
additional duties as Acting General Manager for the District, as the same has been defined
by our Board of Directors .
In this capacity, your authority shall extend to those matters that cannot practicably be
deferred, Including but not limited to acting as Contract Representative with regard to
pending contracts to which RTD is pal'l (including, when necessary, the execution of Work
Orders and Work Order Amendments), and exercising overall supervision with respect 10
the staff of RTD, as well as coordinatJon with our Board of Directors.
c~: Board of Oirectors
Col Shankster, Acting Assi stant General Manager, Rail Operations
Paula Perdue, Executive Manager to the Board of Directors
Rick Clarke, Acting Assistant General Manager, Planning and Development
BIii Van Meter, Acting Assistant General Manager, Planning and Development
Bruce Abel, Assistant General Manager, Customer and Contracted Services
Ron Dodswol'lh, Assistant General Manager, Bus Operations
Marie Lien, General Counsel
David Genova, Assistant Gene ra l Manager, Safety, Security and ~acili t ies
Phil Washington, Assistant General Manager, Administration
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ORDINANCE NO. SEllIES OF 2009 BY AUTHORITY COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER McCl\SLIN AN ORDINANCE AUTHORIZING THE "FIRST AMENDMENT TO CONNECTOR "S AGREEMENT SEWEN CONTRACT NO. s·· BETWEEN SOUTHGA fE SANITATION DISTRICT AND THE cm• OF ENGLEWOOD.
WHEREAS. Southgate Sanitation District and the City of Englewood entered into a
Connector's Agreement in 1961; and
WHEREAS, in 1988 Southgate Sanitation District and the City of Englewood entered into an
updated Connector" s Agreement; and
WHEREAS. the 1988 Agreement w1th Southgate Sanitauon D1stric1 will expire on Novemw
16. 2009: and
WHEREAS, Southgate Sanitation and the C,cy of Englewood are mutually agreeable 10
extending the Connector's Agreement using on addendum 10 keep the existing Agreement as
written; and
WHEREAS. the proposed ·'First Amendment to Connector's Agccmcnt Sewer Contnlct No. 8"
,.;11 extend the Agreement by the same terms as originally proposed. ""h the excepuon of changes
to Section 7, language; relating to the term; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of the "First
Amendment To Connector"s Agreement Sewer Contract No. s·· 10 the Southgate Sanitation District
Connector's Agreement at tbe;r February 3. 2009, meeting;
NOW. THEREFORE. BE IT ORDAINED BY THE cm· COUNCIL Of THE cm· OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
~-The City Council of Englewood, Colorado. hereby authorizes "First Amendmen t
To Connector's Agreement Sewer Contract No . 8" to the South~•te Sanitation District
Connector's Agreement. attached hereto as "Exhibit A'".
Section 2. The Mayor is hereby authonzcd to execute and the Cit)' Cieri: to a11cs1 and seal
for and on behalf of the City of Englewood. Colorado the "First Amendment To Connector" s
Agreement Sewer Contract No. 8" to the Soulhgate Sanitation District Connector's Agreement.
Introduced. read in fu ll , and passed on first reading on the 6th dny of April. 2009.
Published as a Bill for an Ordinance in the Cuy·s official newspaper on the 10• da> or April.
2009 .
9bil
Pubh hcJ ft a ll,11 for an Ordinance on the Cuy"s official webs11c beginning on the th day or • pnl . 2009 or th,ny (30) day Read h) rnlc and passed on final reading on the 20th day of April. 2009 . l'ubh hat by utle in the Cnfs official IIC\<'SJ)apct as Ordinance o. _. Scncs of2009, on the 2~• da)' or Apnl. 2009
James K. Woodward. Ma)·Or
ATTEST ·
Lnucn, lun A Ell i , City Cl erk
I, Louer! hio A. Ellis, Cit y Clerk of the c;,y of Englewood, Colorado, hereby cenify that the
above and forego ing Is n 1ruc copy of the Ordina nce passed on final reading and µublished by
tille as Ord inance No._. Series or 2009 .
Loucrisbia A. Ellis •
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FIRST AMENDMENT TO CONNECTOR'S AGREEMENT SEWER COlffllACT NO. 8 1. PARTIES. The parties to this First Amendment to Connector's Agreement-Sawer Con11ct Na. 8 (herein; 'Amandmert") are: the CrTY OF ENGLEWOOD, COLORADO, a rr,,lclpat corporation, ("Cey"); end SOUTHGATE SANITATION DISTRICT, a Tltle 32 special dlsttld
2. RECITALS AND PtJRPOSES. The parties previously enter~ Into ~ Connector's Ag~mant
dated June 2QOI 1961, whklh was subsequently superseded by jl Connector's Agrement-
Sewer Contrllct No. 8 dated November 16, 1988, ("Aareement". The Aereeme n; by Its
terms, is due \o expire In 2009. The partles desire to extend the tenn of the Agreamnt and
the purpose of this Amendment Is to ex:end the Agreement by a Uke-period of yeen es set
f orth In the A&reement. Accordingly, the parties covenant, 1CknOW1ed&e, and ewe1 to the
following terms and conditions as an amendment to the Agreement
3, MODIFICAT.ON AND AMENDMENT. The A&reement Is hereby modified and amandel by the
deleUon of oertaln language In exfstl.ng paragraph 7, 11s shown I?)'~ pertalnlr( to the
term oft/le A&raement. a nd 18P'!iced by the fonowtn, onw lnommeo·
7. The term of this Aereement Is for II period of three (3) years from ~
~ rotw 1§ 2009 and automatk:all)I renewed 'or six (6) sublequant
three-{3)-t'ear periods unless either party gives a minimum of six months Wlltten
notice, durfn& wh ich time the Ols!rlct agrees that an effluent produced frcm taps
within District shall not be In vlola\ion of any federal, state or City laws, iules or
regulations, .or BflY f?ther II PP.!L~_blf!..iqllefllm~_nlJII .. reiutaJlo"!I. or th~ PE;l'l:!11~ L!nd~r
which the City operates Its sewa,a treatment system. City a,raes, durln& tl8 tanm
hereof, to treat said efflU9nt end to maintain edequate facilities for treatf~ of 'the
sa me.
4. ANNU0:1-APPROPRIATION REQUIRED. Any provision of this A&,eement, or Its_ attadlrT)ents,
which dlr&dly or Indirectly Impose upon either party, any flnan~lal obllgatlon whatsoever to
be performed or wNoh may be performed In eny fiscal year supsequent to the 'jell otthe
exacutlon of this Agreement I& expressty made contingent upon, and subject to, tltlds f01
such financial obligation belnll appropriated, budgeted and otherwts.e made avallabt1 by the
parties' respeotlve eovemin& boards.
5. RATIRCATION, The parties hereby retlfy 110 other provisions of the Agle&mert which
provisions shall remain In tull force and etraot.
Oatad·~--2009
ATTEST:
.1
CITY OF ENGLEWOOD
By;. __________ _
Mayor-Jam.,s K. Wood111trd
• X ... I II . T A
• COUNCIL COMMUNICATION Date: I Agen da Item: I Sub ject: April 20. 2009 9cl Contract for Transl! Shuttle Services lniliated By. Staff Source: Community Development Depanment Harold I. Stitt,
Community Planning and Housing Coordinator
PR EVIOUS COUNCIL ACTION
Council approved by Ordinance 50, Serles of 2004, an Intergovernmental Agreement (IGA)
between the City of Englewood and the Regional Transportation District (RTD) for funding of the
Englewood Circulator Shuttle for 2004-2007. Council approved by Ordinance 66, Series of 2007,
an IGA between the City of Englewo.xl and the RTO for funding of the Englewood Circulator
Shuttle ior the fourth quarter of 2007. Council approved, by motion, on August 2004 a con tract for
transit services with Laidlaw Transit Services and subsequently extended this contract by Resolution
No. 87, Series of 2005, Resolution No. 77, Series of 2006, by motion approved on December 3.
2007 and by motion on March 3, 2008.
• RECOMMENDED ACTI ON
Staff recommends Council approve, by motion, an agreement between the City ol Englewood and
Arst Transi•, Inc. for 2009 operation ol the art circulator shuttle in the amount of 5240,906.24.
BACKGROUND AND ANALYSIS
This contract extension will prov ide (or all vehicles and operational componen1S of the art sliutde for
calendar year 2009. Fuel will be suJ)Pl,ed bl' the Cit) with reimbursemen1 by RTO.
FINANCIAL IMPACT
The First Transit con!raCI is ior th e continued operation oi art shuttle services in the amount ol
S240,906.24. The contract and fuel cosis will be reimbursed by RTD less 570,713, the amount that
"ould ha, e been collected had the shuttle operated as a fare sel\ ,ce. This los t fare amounl is
included 1n !he approved 2009 Community . •evelopmen t Depa•tment budget. The con tract
co ntinues the same level of sel\•ice operating Monday through Frida\. 6:30 am to 6:30 pm at no
cost 10 nders.
ATTACHME NTS
• Transit Shuttle Services Operations Con tract
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Trans it S huttle ervices Operatio ns Contract This Contract is made and entered into llS of the __ day of ______ . ~009. by and between the City of Englewood, a Colorado Municipal Corporation (City) and First Transit Inc ,, a Delaware Corporation (First Transit). WHEREAS, The purpose of thi s contract is to implement various Lransponation services and improvements to reduce dependen cy on the single occupant automobil e, fbcilitutc movement of traffic to and within the commercial areas of the City of Englewood and 10 minimize traffic congestion in the shuttle area.
WHEREAS, The City desires 10 engage First Transit to provide said Transit Shuttle
Management and Operations services;
NOW, THEREFORE, in consideration oflhe mutual C<:>venants and stipulations
hereinafter set fonh, the sufficiency of which is hereby acknowledged, the panics agree as
follows:
I. Purpose: The purpose of this Contract is to set forth all of the tenns and conditions agreed
upon between the Panics by which Firsl Tl'llllsit shall provide to the City transit
management and operations services, as provided herein. First Transit shall i ~rfonn such
services as set forth in this contract using that degree of care, skill and knowled ge
employed by leading contractors in the field of transit management and operations in the
United States .
2. Scope of Sc n •ices: This Contract incorporates the requirements. conditions, obligations
and promises of the Citfs " ·otice ln~itiog Proposals for a Circu lator Shuttle in the
Ciry of Engle,,•ood ", d.ated Apri l S, 2004 (including Alternative A) and the "Proposal to
Pro,•idc Circulator Sh uttle io the City of Englewood" by Laidlaw Transit Scn•ic:cs,
Inc., dated April 23, 2004. Approved by Motion on Aut '.St 2. 2004 and incorporated
herein.
3. Ind epe nd ent Coolractor: Th City hereby contracts with First Transit to provide the
shunlc se rvices descri bed hcrcir vi thin the Ci ty of Englewood as an independent
contn1c1or and not as an agent 0 1 tlte City.
4. Quali ty ofScn1cc: First Transit acknowledges that. through the provision ofserviees, the
City desires 10 provide 10 their citizens a igh quality of service in the operation and
maintenance of this shunle system. First Transit agrees lo supply the shuttle ~ices
described in paragraph two. above. in a safe, efficient and profe1'Sional manner.
S. Co mpe113ation: Compensation shall be nn amount nol lo exceed $240,906.24 , outlined in
Attachment entitled "Exhibit B, Summary of Anticipated Operating Costs and Revenues."
6. Term: This Contract shall he for a tenn of twelve months commencing upon January I.
2009 and ending al midnight. December 31, 2009. Thereafter, the City Manager may
ex tend this contract for two consecuti ve one-year periods, subj ect to 01c snme tcnns and
conditions of this contract.
Page I of 4
7. Applica bl e Law: Tbe panics agree this Contract shall be g~vemcd hy and construed in • accordance with the law of the Staie of Colorado. The venue for any litigation shall be Arapahoe County, Colorado. 8. Terminati on: In addition to any other rights provided herein, the City shall have the right, at any time and in its sole discretion, 10 terminate, not for cause, in whole or in pan, this Contract and further performance of the services by delivery to First Transit of written Notice ofTermination specifying the extent and effective date of termination.
9. Amendments: All changes to this Contract shall be in writing and executed by the
authorized officials of the Parties. In the event a change in this Contract causes an increase
or decrease in the Operating Expenses hereunder, the Contractor and the City agree to
negotiate an increase or decrease in the contracted amount of compensation.
I 0. Assignment: First Transit shall not assign its performance of this contract without the prior
written consent of the City. Any attempt by the contractor to assign any performance of this
contract without such consent shall be null and void .
11 . Subject to Annu al Appropriation : Any provision of this agreement or its attachments
which impose upon Grantee, directly or indirectly, any unancial obligation whatsoever to
be performed or which may be performed in any fiscal year subsequent to the year of
execution of this agreement is expressly made contingent upon and subject to funds for
such financial obligation be appropriated, budgeted and otherwise made available.
12. Verification of Compliance w ith C.R.S. 8-1 7.5-1 01 Et.Seq. Regarding Illega l Aliens:
(a) Employees, Con tractors and Subcontracto rs: Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this Contract. Contractor
shall not contract with a subcontractor that (i) knowingly employs or contracts with an
illegal al ien to perform work under this Contract or (i i) fails to certify to the Contractor that
the subcontractor will not knowingly employ or contract with an illegal alien to perform
work under this Contract. [CRS 8-17.5-102(2)(a)(I) & (U).]
(b) Verification: Contractor has verified or attempted to verify through participation
in the "basic pilot program" (authorized by P .L.204 of I 041h Congress and amended by
P.L.156 of 108'h Congress) that Contractor does not employ any illegal aliens. And, if not
accepted into the "basic pilot program" prior to e ntering into this Contract, Contractor
further verifies, Contractor will apply to participate in the "basic pilot program" every three
months until Contractor is accepted or this Contract is completed, whichever is earlier.
[CRS 8-17.5-l02(2)(b)(I).]
(c) Limitation rega rding the "Basic Pilot Pr ogra m: Contractor shall not use basic
pi lot program procedures to undertake pre-employment screening of job applicants while
performing this Contract. [CRS 8-17.5-102(2)(b)(II).]
Page: 2 of 4
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(d) Dul) to Terminate a Subcontract: lfContraclor obtains actual knowlrtlge that a subcontractor perfonni ng work under th is Con1rac1 knowingly employs or contracts with an illegal alien. the Con1rac10r shall; (I) Notify the subconlraCtor and the City within 1hrec days 1ha1 the Contractor has ac1ual knowledge that 1he subcontractor is employing or contr11cling with an illegal alien; and (2) Tenninate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien, the subcontractor does not stop
employing or contracting with the illegal alien. [ CRS 8-17.S-102(2)(b)(ll1XA) &
(B).]
(3) Exception: If the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien and
the subcontractor stops employing or contracting with the illegal alien.
(e) Du ty to Comply with Sta te lnve.,tigation: Contractor shall comply with any
reasonable request of the Colorado Dcparunent of Labor and Employment made in the
course of an investigation pursuant 10 C.R.S. 8-17 .5-102 (5). [CRS 8-l 7.5-102(2)(b)(lV).)
IN WITNESS WHEREOF, the panics have duly executed this Agreement, effective the
day and date first above written .
FIRST TRANSIT. INC
/
By Su ~-:'"":::-'"-"'-=---:-~-r.-.::---=---s:--:id:--en_t_
STATE OF COLORADO
COUNTY OF fJ, ( /I /7t} /1,1e
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The foregoing instrument was acknowledged before me this~ day of /:l.p:, I , 2009,
By S //'..>/' tJ ~ S/'lf! '( as Regional Vice President of Firs1 Transit, Inc.
My commi!sion expires: .:3,1.2 6/:).D/3
Page 3 of 4
CITY OF ENGLEWOOD, COLORADO By:-,--------,----James K. Woodward, Mayor
Loucrishia A. Ellis, City Clerk
Pagc4 of4
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Exhibit B Summary of Anticipated Operating Costs and Revenues Expense-January 2009 -Oecember 3 1, 2009 art operating hours expense-6144 hours@ 39.21 per hour art fuel expenses
Expense
Estimated Ferebox Revenue-J!nuery 2009 -December 2009
Passenger fares ba sed on March 2008
survey
Total Revanue
$ 240,906 $ 27,1B2
$ 268,088
$ 70,713
~ 70,713
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COUNCIL COMMUNICATION Dale: Agenda Item: I Subject: April W, 2009 11 a I I Bill ior Ordinance en1enng into a Memorandum of Agreement for participation In lhe Colora do Brownfields Cleanup Rei olvlng Loan Fund Initialed By: Staff Source:
Community Development Department Darren Holhngswonh
Economic Devel opment Coordinator
COUNCIL COAL AND PREVIOUS COUNCIL ACTION
In 1999, Council entered into a Memorandum of Agreement (MOA), which created the Colorado
Brownfields Cleanup Revolving Loan Fund (BCRLF).
In 2002, Council approved th e extension of the MOA for participatl or ,n the BCRLF until June 30,
2005 ,
RECOMMENDED ACTION
The attached bill for an ordinance app roves a Memorandum of Agreement to continue
Englew ood's participation in th e Colorado Brownflelds Clea nup Rei olvh1g Loan Fund th rough June
30, 2012.
BACKGROUND
Over the past 10 years, the Colorado Brownfields Cleanup Revolving Loan Fund has been one of
the most successful and accomplished Brownfields revolv ing loan funds In th e na1ion. In 1999,
Englewood entered Into a coopera tive partnership to form the Colorado Brownfiel ds Cleanup
Revolving Loan Fund with the cities of Denver, Lakewood, Loveland. Commerce City, Westmins1er
and El Paso Counr, along with Colorado Housing and Finance Authorlr,, and !he Colorado
Department of Public Health and Environment A representative from each of these enuues "'II
participate on the Board of Directors for the Colorado Brownfields Oeanup Revolving loan Fund.
This deslgnee shall be appoin ted by the Cir, Manager.
It is advantageous for Englewood to have this redevelopment tool a,allable for use by property
owners needing funds for removal, mitigation and pre,ention of the release of hazardous
subst.1nces, pollutanlS or contaminants into the environment The Colorado BCRLF is a useful tool
1n implementing Englewood's economic de, elopment and community re\ ilahzation strategies.
Englewood has made direct use of this pr ogram by borrowing funds lfOm the Colorado BCRLF for
th e envi ronmental cleanup necessary to support the Centennial Park expansion. Without tl,ese
fu nds, l~e park expansion would likely not have been poss ible.
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FINANCIAL IMPACT This prosram will be adminis tered by the Colorado Houslns and Finance Authority at no direct cost to the City. The City of Englewood Is eligible for S500,000 in Brownfields Cleanup Revolving Loan Fund. Each of the other participating cities "'II also have access to their share of the total pool of S3.9 million. UST OF ATTACHMENTS
Bill for an Ordinance entering into a Memorandum oi Agreement •
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OROL'IA.'ICE NO. SERIES OF 2009 BYALTHORm· COUNCIL BILL NO. 13 INTRODUCED BY COUNCIL MEMBER ____ _ A BILL FOR // a.i AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED
"COLORADO BROWNHELDS REVOLVING LOAN FUND MEMORANDUM OF
AGREEMENT AMENDMENT 3" PERTAINING TO THE COLORADO BROWNFIELDS
CLEANUP REVOLVING LOAN FUND BET\A'EEN THE CITY OF ENGLEWOOD.THE CITY
AND COUNTY OF DENVER. COMMERCE CITY. THE CITY OF LAKEWOOD. IBE CITY
OF LOVEL-.ND, THE CITY OF WESTMINSTER AND EL PASO COUNTY COLORADO AS
WELL AS THE COLORADO HOUSING AND FINANCE AlJlllORITY AND THE
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT.
WHEREAS. the Colorado Brownfields Cleanup Re,·olving Loan Fund was established 10
facilitate the reuse and/or redevelopment of con1amina1ed sites by making low cost funding
available for financing fl!Virolln!cl\!il cleanups through grams from the Environmental
Protection Agency; and
WHEREAS. Eng lewood is represented in a coalition of From Range communities, which was
established 10 finance environmental cleanups along the Colorado Front Range within the seven
local governments as well as the State overall; and
WHEREAS. this coaliuon is comprised of panicipantS from City of Englewood. Commerce
City, Lakewood. lo\'cland. Wcsuninstcr. El Paso County. the Colorado Housing and Finance
Authority, the Colorado Depanment of Health and Envrronmcnt and the Cuy and Coumy of
Dcn,·cr. and
WHEREAS. the Colorado Bmwnficlds Cleanup Revolving Loan Fund presents an opponunny
for the Englewood business community by providing financing for environmental cleanup
activities; and
WHEREAS. the City Council of 1he Chy of Englewood au1hori1,ed the Cit)' 10 enter illlo nn IGA
which established the Colorado Brownficlds Cleanup Re\'Olving Loan Fund with the passa~e of
Ordinance Number 31. Senes of2000: and
WHEREAS. over the past 10 years. he Colorado Bmwnfields Cleanup Re-'Olvmg !Jlan Fund
has been one of the lllOSI successful and aecomphshcd Bm\111fields RC\'Oh1nll Loan Funds tn the
nation: and
WHEREAS. the prol,?l'3lll ,\Ill be admirustcrcd hy the Colorado Housmg and Finance Authority
a1 no direct cost to the City of Englewood: 1111d
WHEREAS, Englewood ,s eligible for $500,000 in Bmwnfields Cleanup Revolvmg Loan Funds
which strengthens Englewood's nbihty 10 redevelop si1es requiring environmental clc.'.ln•up: and
WHEREAS, the passage of this ordinance authorizes Englewood 10 enter into the McmorAndum • of A~rcemcnt to continue Englewood's panicipation in lhc Colorado Brownf,clds Cleanup Revohmg I.Dan Fund through June 30. 2012: NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS: ~-The "Colorado Bro\\nfields RevolVU1g Loan Fund Memorandum of Agreement Amendment 3" attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council.
Smi!ml-The Mayor is authorized to cxtc11tc and the City Clerk to ancst and seal the
"Colorado Brownfields Revolving Loan Fund Memorandum of Agreement Amendment 3" for and
OD behalf of the City of Englewood, Colondo.
Introduced. read in full, and passed on fim reading on lhe 20th day of April. 2009.
Published as a Bill for an Ordinance in the City's official newspaper OD the 24 .. day of April,
2009.
Published as a Bill for an Ordinance on lhe City 's official website beginning on lhe 22nd day of
April, 2009 for th!ny (30) days.
James K. Woodward. Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I. 1.Ducrishia A. Ellis. Chy Clerk of the City ofEnglcwood. Colorado, hereby cenify that the
above and foregoing is a true cvpy of a Bill for an Ordinance. introduced. read in full, and passed on
first reading on the 20th day of April. 2009
Loucrishia A. Ellis
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COLORA.DO BROWNFlELDS REVOL\'l.NG LO A!'\ FU-ID MEMORAND UM OF AGREEMENT Ame ndment 3 I ntroduction
Purpose
The purpose of the Colorado Brownfields Revolving Loan Fund (CBRLF) as represented t its
Board of!>ircctors (the Board) is to facilitate the reuse and/or redevelopment of cont.amintd
sites by mak ing low cost funding available for financing environmental cleanups. The funlnll
for this endeavor is through grants from the Environmental Protection Agency.
Brownfi:lds arc defined as abandor.ed, idled, or under-utilized industrial and commercial
facilities where expansion or redeve!opment is complicated by real or percei\-ed envirorur.mal
contamination. A major barrier to redeveloping Brownfields sites in Colorado is that
contaminated sites face not only the environmental challenge of cleanup, but also margini
economic potential. In the Colorado real estate market, properties are being avoided beca:se of
li abili!)' and cleanup cost concerns .
The Cities of Commerce City, Englewood, Lakewood, Loveland, Denv er. and Westminsir, El
Paso Coun•y, the Colorado HoilSing and Finance Autt-ority (CHFA), and the Colorado
Department of Public Heu.Ith and Enviroruncnt (CDPHE) have agreed to cooperate and ir:rl!llle
the Colorado Brownfie\ds R~volving Loan Fund. The focus of this fund is to finance
environmental cleanups along the Colorado Front Range within the seven local governmeits as
well as the State overall. Each of the local governments w'lS eligible for, applied for and''as
awarded by EPA, brownfield cleanup revolvins loan funds ln order to consolida:e the
administrative requirements and to pool the available revolving loan funds, the CDPHE repared
a coordin:ited application to the EPA for funding the CBRLF. The CDPHE has also be~
awarded brownfields cleanup revolving loan funds that make the CBRLF available statefide.
The participating local governments ha"e a ''Right of First Use" for the funds idemified II the
attached budget (see Exhibit 1) for use in their political jurisdiction s. Upon completion of the
work plan in the EPA Grant and upon closeout of the CoopcraJi·,e Agreement, the coali~n
intends to continue operation of the loan fund. New members may be added in the futile by
submitting a request for mem bcrship and signing an updat ed agreement that obligates the new
members to a three year membe~hip under the terms and co nditions contained in this
Memorandum of Agreement (MOA).
In general, CHFA and the other participants will be responsible for out.reach and marketing the
CBRLF. CHFA will provide financial expertise for reviewing applications to the Fund, the
CDPHE will provide the technical knowledge needed to insure successful environmental
cleanups; and local governments will review the applications for consistency with local planning
and development plans.
This arrangement is shown graphical!)• on Exhibit'.!.
The CBRLF is en\'isi oned to be a source of c.1p1tal fo r cleanup ofbo1h publicl> ana ·or pm111el) • held propcny. Due to statUI0I')' limitations, CHFA will serve as the fiscal agent for the CDPHE, opr;rating and servicing loM agreements. Repayment of funds including any interest and princiµal will be to the CBRLF through CHFA . Duration This document becomes effective upon signature by the nine (9) entities below. It will
automatical ly terminate on June 30, 20 12. It can be extended in three (3) year periods by mutual
agreement of the signing panics, and car, be terminated at any time with 30 days written notice .
The panicipating local governments agree to appoint a person to the Board of Director through
June 30, 2012. In April 2012, the Board shall review this MOA and make changes as necessary,
and the panicipating local governments can reassure their desire to participate.
This agreement may be amended as needed by a unanimous de.:ision of the Board of Directors.
BOARD OF DIRECTORS
Organization
The CBRLF will be administered through a Board of Directors as its organizational
entity, with members chosen from each of the participating cities and counties, CHFA, and
CDP HE. The Board ~ill meet to discuss issues and make decisions regarding the use of the •
Fund. This MOA prescribes operating guidelines for the Board of Directors .
Roles and Respousibilili.es
The Board of Directors may provide assistance with fium,.; ' vi ~1wironrnental issues
impacting the sale, use. reuse, and/or redevelopment of both publicly and privately held propcny
within the area where the Fund is administered. The municipal/count} Board members arc
responsible for: (I) ensuring that projects funded under this program an. con~istent with their
respective dcve lopmem plans/goals and (:?) providing loan fund policy dire..:ion to CHFA and
CDPHE.
The Board of Directors has the ultimate respcruibility for approving or denying
applications for fund ing to the CBRLF. The CDPHE, acting as the "Lead Agency• under EPA
grants BL988 I I 6-01, RP98899701, and BF9889960I , mu~t assure that the 80111d actions are in
accordance with the terms of the cooperative agreements. 171c Board must not spend funds
except for their intended use as defined in the cooperative agreements and the EPA Bro"nfields
Cleanup Revolving Loan Fund Administrative Manual (OSWER, EPA 500-B-98.001. Mny
1998) loca ted via Internet at www.epa.gov/Brownfields,
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Brownlields Board Member, Members. The Board or Directors shall be compri• , of one member each from: Citr and County of Denver, l.,al:ewood . Lo,•eland, Commerce (•,;.Englewood, Wesuninster, El Paso County, CHFA and CDPHE. Each member must be auth~-;., 'in writing to participate on the Board and must have the authority 10 make financial decision, regarding the use or these grant funds fo r his or her organization. Chair. The Board shall select a Chair who shall preside.;,.::,:: Board meetings. The Chair shall, in consultation with other members of the Board, prepare agendas and facilitate
Board meetings. The Chair may designatr a member of the Board to assume the duties of Chair
in their absence.
Additional Duties. Board members shall perform sucli other duties and functions as may
be required from time to time by the Board.
Vacancies. Should the office of Chair become vacant, the Board shal l select a successor
at the next regular meeting or at a special meeting called for this purpose,
Conflict oflntcrest. No member of the Board may vote on projects where that Board
member has a direct personal financial interest in any contract or Brownfields Project, existing or
proposed, that may be brought before the Board. For purposes of this sect ion, "financial interest"
shall mean a substantial interest held by a member, or member's immediate family, such as:
• an ownership interest in a business;
• employment or prospective employment for which negotiations have begun;
• an ownership interest in real or personal property;
• a loan or other debt or interest in business or real propcny; or
• a directorship or officer ship in a business.
To the degree a member of the Board has a preexisting actual or appearance of o conflict
of interest, he or she shall immediately disclose the same in writing to the Board. and such
disclosure shall be entered upon the Minutes of the Board
Chanees in Membership, Membership in this program is expected to change over time.
Current members may leave while other entities may seek to join. Current members may choose
to leave after achieving their communiry's Brownfields goals. Other entities may seek to join the
coalition in order ll bentlit from the economy of scale offered by the existing CBRLF
infrastructure. The following sections outline how membership changes will be accommodated.
l. Exiting Members: Members seeking to leave the CBRLF must submit their resignation
request in writing 10 the Chnir and musl give 30 days notice. The unused portion of any
adminil".rauve funds allocated to the Member \\ill reven to the Fund to be used as deemed
appropriate by the Board. Loan monies will also remain within !he Fund and will be
administered in accordance with this MOA and the Cooperative Agre~·, r· by CDPHE.
2. New Members: Ne·.v Members wiU be allowed to join the CBRLF :. submitting the:r
request in writing to the Chair and receiving the approval of the Board ,fDirectors. New
members will be required to sign and abide by this MOA. Federal funds added to the CBRLF
will be managed in accordance with the Cooperative Agreement, this MOA. and the CBRLF
Administrative Manual. Any non-federal funds alided 10 the CBRLF will lie accounted for and • managed separately. (No 1e. po1e111ia/ new members arc strongly c11co11ragcd 10 discuss CBlRF membership with existing Board members prior 10 submllling their CBRlF grant propo.<al to EPA.) 3. Membership Eligibili ry. In order to be considered for CBRLF membership, potential members mu,1 have contributed to the CBLRF either: a) received an EPA CBRLF grant, orb) received a public/private source of funding equivalent 10 a CBLRF grant (minimum of $50,000.00).
Meetings
~ The Chair of the Board may, when the Chair deems necessary, call a meeting
of the Board for the purpose of transacting business the Chair designates for such meeting. Such
meeting shall also be called by the Chair upon the request of twO members of the Board for the
purpose of transacting business these members designate in the call for such meeting. No
meeting shall be held unless all Board members are given written notice a minimum of seven (7)
days in advance.
Order of Business. At meetings of the Board, the order of business shall follow a written
agenda provided to the members by the Chair.
Quorum. For the nine member Board, a quorum shall consist of six members, at least
four of which are Local Government Members. If the number of members changes, the quorum
will be redefined by the Board. A Board member must be present either in person or by •
telephone to be counted in the quorum.
In the event of a Board member absence, that Board member may send a substitute to
participate and vote. Additionally, voting b)' written proxy will be allowed.
Decision Making. There arc numerous kinds of decisions that members oflhe Board of
Directors may be asked to make. As guiding principles, it is the intent of the Board to make
decisions affecting more than one member, by member consensus when ever possible. In lhr
event that consensus cannot be reached, a simple majority vote will decide the issue.
Manner of Voting . Voting by the Board may be by acclwnation or by ballot. as the Chair
may designate.
Record of Decision. The outcome and reasoning behind Board decisions resulting in the
approval or denial of any project funding or other expenditure shall be recorded in writing and
maintained in adherence with Cooperative Agreement record keeping gu,uelioes. Minutes of
any other Board me~tiog or oction are not required; such documentation may be recorded at the
discretion of the Chair.
Meetine Location. The meeting location will be at the Colorado Housing and Finance
Authority"s facility at 1981 Blake Street, Denver, Colorado, 80202.
Tenn of Office. Board Members will serve indefinite terms at the pleasure of their
respective management.
Public Meetings. The Board may, from time to time, hold public meetings.
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Color ado Depa rtmenl of Public Health and Environment The Colorado Department of Public Health and Environment agrees 10 pcrfonn the following duties with respect to this MOA : I. 2.
3.
4.
5.
6.
7.
CDPHE is the Cooperative Agreement Recipient, Lead Agency, and Site Manager. CDPHE has entered into the cooperative agreem~nts with the Environmental Protection Agency (EPA).
CDPHE agrees to make available to each member city administrative funds as identified
in Exhibit 3 for use by the city in implementing this loan fund program.
CDPHE will process cleanup applications in accordance with Colorado's Voluntary
Cleanup and Redevelopment Act. Fus for VCP application review and approval are to
be paid by the applicant in accordance with the requirements of that program.
CDPHE is responsible for assuring thJII all cleanups are conducted in a manner that is not
inconsistent with CERCLA and the National Contingency Plan (NCP) for non-time
critical removals.
CDPHE will review the Analysis of Cleanup Alternatives and write the Action
Memorandum as required by lhc Brownii elds Cleanup Revolving Loan Fund
Administrative Manu al.
CDPHE will identify a. Brownfields Site Manager i'or each site receiving a loan from
CHFA and conducting a cleanup under the VCP. The Site Manager will be an
environmental professional etnploycd by the State. The Site Manager is responsible for
overseeing cleanups at specific sites including field visits .
Colorado Housing and Finance Authorih•
CHF A is under contract with the State of Colorad o to act as its fiscal agent for managing and
servicing the loan agreements. As the fis:cal agent to the Suue, CHF A will :
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2.
3.
4 .
5.
6 .
7.
Will be •~sponsible for advenising and marketing the revolving loan fund under the
supervision of the pan icipating local government entities and lhe RLF Board of
Directors,
Will conduct the financial ponion of the loan reviews and provide loan underwriting and
servicing as required by this program,
Will be responsible for providing the participating local government entities and the
Board of Directors with an assessment on the financial strength of each project, prior to
final approval of the project by the RLF Board of Directors,
Will provide closing documents and disburse loan funds as appropriate to successful loan
applicants,
\\'ill be responsible for managing the funds in the truSt ar.counts, and revenues it
subsequently receives as loan repayments, in accordance wuh the cooperative agreement,
applicable laws and regulations, the policies, instructions and directions of the RLF
Board of Directors nnd prudent lendi ng practices,
Will keep all records for each loan made fo r a period of not less than ten (10) years,
Will prepare and provide the financial portion of the EPA required quarterly reports to
CDPHE at least one week prior to the reporting due.
Memb er Ci ties a nd Co un ties Member Cities and Counties agree to participate for a full three year period from the date of signature on this MOA . Member cities have two types of funds designated for their use , loan and administrative, as identified in Exhibit 3. Member Cities and Counties agree to use all funds received or direct the use of funds in accordance wit', the terms and conditions contained in the Cooperative Agreement from th~ U.S. Environmental Protection Agency
Description of Funds
The CBRLF is made up of three loan pools based on the three C0C' ;eralive agreementS received
from EPA, BL9&811601 , RP98899701, and 8f(l8899601. Each of these pools has different
federal rcqui.·ements, which manda:c that they be managed separately. General discriptions of
each pool is as follows:
I. EPA Cooperative Agri:ement HL988 I I 601 is the original cooperative agreement that
established the CBRLF. Loan fonds aviiable under this agreement follow the original
EPA pilot brownfields revolving loan fund requirements. These funds do not require
matching funds from foe borrower, and the borrower must only show that they did not
cause or contribu te to the contan1ination 10 be eligible. These funds cannot be used fo r
petroleum contam ination or for subgrants.
2. EPA Cooperative Agreement RP98E9970 I was awarded through CERCLA Section
128(a) State and Tribal Response Program. These funds require a 20% matching
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paymenL The borrower must show that they perfonr.ed all appropriate inquire before •
acquiring the property and that they are not lia'ile for the cleanup under CERCLA Section
107. Subgrants are allowed for up to 40% of the funds awarded under this cooperative
agreemcnL Subgrants v.ill ~ considered on a site by sne basis
3. EPA Cooperati,·e Agreement BF9889960 I was awarded under CERCLA Section
104{kX3). These funds require a 2~. matching payment and can only be used at sites
that have petroleum contamination. The borrower must show that they performed all
appropriate inquire before acquiring the propeny and that the)' are not liable for the
cleanup under CERCLA Section 107. Subgranls are allowed for up to 40% of the funds
awarded under this cooperative agreement . Subgrants will be considered on a s1 lc by site
basis.
Sign at ur es
City and County of Dem•er Commerce City
Andi"' Pettigrew, Director Jerry Flannery, City Manager
Office of Economic Developmcnl •
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Signatures Colorado Brownnelds Revoh-l ng Loan Fund Memorandum of Agr eement, Amendment 3 City of Englewood
James K. Woodward, Mayor
City of Loveland
Don Williams, City Manager
City of Wmmins1er
J. Brent McFall, City Manager
Colorado Department of Public Health
and Environment
Jnmes B. Manin, Executive Director
City of Lakewood
Michael J. Rock, City Manager
Colorado Housing and Finance Authority
Mi lroy A. Alexander, Executive Director
El Paso County
Jim Besbcrg, Chairperson
Board of County Commissioners. E' "aso County
Attest:
Deputy Clerk, El Paso County
CA hibi1 I -B u d2c1 Summar, ,.:s c,ifcb~ ~OC.«i, O ri ginal Grant -Non-Matc hed Funds (Grant# BL-98811601 ) Lead Aeency Direct F1r,a1c,a Ass stance s 308.,75 Loan Fund s 4 759,94; Total A~min,stra11ve Budget s 418,421 Total $5,486 ,843 Coal~ion EPA Loan.Pool
Member Award ' Share
Denver $ 500,000 s 425,000
EnglewJOCI s 500,000 s 425,000
Lakewo:>0 s 350,000 s 297 500
Loveian:1 $ 350,000 s 257,500
Commerce Coty s 496,8(3 s 4"3,817
Westm11s1er s 1000,000 s 807 000
State o' Coloraoo s 1,000,000 $ 807,000
El Paso County s 800,000 s 792,080
CHFA s s
Sunoler.iental Funds s 500.000 s 495 050
Total s 5,486,843 s 4,759,947
Small Business Liabilty Relief and Brownfields Revitali zatio n
Act
20% Maleh Required, Administrative Cost Not
Allowed
Hazartlous Substances Funds(Grant # RP-9889970 1)
s
s
s s
s
s s
s
s
s
s
Loan P0 ocess1ng(CHFA 1 S
Loan Pool S
15,250
8i8,750
46.000
Potential Subgrant Total
35• 500
Loan Pr,:essmg(CDPHE) S
To:al Grant -S --940,000
Pe troleum & Haza rdous Substoncos Fu nds (Gra nt ti BF-98899601)
Loan Process,ng(CHFA) $ 18,750
Petrole.m Loan Pool $ 6i3,750 S 3'19 500
Hazard~us Loan Pool $ 1.250,000 S 500 000
Loan P·xessmg(COHPEJ $ 45 000
To:a1G·an1 $ 2,187.500
Total Lean Pool ,,7s2.~q (ancitJding matdl)
• 6% 87% 8% Adm in.
Budoet
20,000
20,000
14,000
14,000
6,842
40,000
10,500
293,0'9
418,421
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Exhibit 2 . Colorado Brownfields Re volvi ng L oan Process Flow Chart Fund CO Dept of Public Health & Environment Voluntary Clean-up Program Receives Applicabon Local Governments Reviews Project Project Consistent wnn City Development Pla1
_/ _______ /
Colorado Brownfields Revolving Loan Fund
Board of Directors
Conduct Initial loan application screening /
'-----------~
CO Dept of Public Health
& Environment Approved
Voluntary Clean-up Program -
Rev iew & Approval
Colorad o Housing
and F inance Authority
Financial Rev iew
!
$$$$
Colorado Brownfields Revolving Loan Fund -Board of Directors
Final loan approval
orado Housing
in ance Authori
Issue Loan
Repay
Loan
-+ Redevelopment
Exhibit 3 -Local Go\'crnmcnl Admin ist rative Funds • ,.-·, c_o,ali· :., EPA Award •· Loan ~ool Admioistraliv c 1 ~udg!~ . ... , -Share · • · s~ilg·~,t~ , ~ ~'\,, I\ ,, ' }t'\,,~• Remain ing as . ;'!~:1 ! ) • . t; ·R .... ,, :~ . ·.,,,,, ~ .$;:,, ir~·-v:<-1"'"'· f--.....i,. "'' 'oi Mar'cii s~·' . ~. '.t ... ' "'1 {-.: ~; , .• J.. '"; -)'l#· ~-~-, 'I' ! ·"\:J ,)1 i~:t~~:~:,f ,,. ~·~ ·-,·."f.~ ;, ;, . ·.,1 2oot "' ·~-.. ,.. . . ~ II'''~ •,7:. -,.,;: r ·:'
Denver $500,000 $425,000 $20,000 $19,683.00
Englewood $500,000 $425,0JO $20,000 $12,721.24
Lakewood $350,000 -r-$297,(:l"JO I $14,000 $14,000
!
Loveland $350,000 $297,000 $14,000 $14,000
Commerce City $486,843 S4l3,8 !7 S6,842 $6,842
Westminster $1,000,000 $807 ,000 $40,000 $0
-·---El Paso County $800.000 SS00,000 0 0 •
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COUNCIL COMMUNICATION Date: Agenda Item: Subject: Apn1 20. 2009 11 a II Application for and Acceptance of the l!eco, el)· Act JAG Allocation Initiated By: I Staff Sourer: Police Oepartmeni John Collins, C' ,I\ Chiei of Police ..
COUNCIL GOAL ANO PREVIOUS COUNCI L ACTION
On September 15, 2008, City Council approved Ordinance #49, ,r ,'e--?108, accepting a Justice
Assis 1ance Grant in the amount of Sl0,360, which was utilized by t,,E I olice Department to
purchase technological tools.
RECOMMENDED ACTION
Staff seeks Council's support for a bill for an ordinance approving the application fo r and
acceptance ol Justice Assistance Grant Funding in the amount of $144,662, Englewood's al loca tion
ol Recovery Ac l funding 1hrough the Bureau of Justice Assistan ce .
BACKGROUND, ANALYSIS, AND ALnRNATIVES IDENTIFIED
On March 9, 2009, the City ol Englewood was notified that the Police Department has been
allocated S 144,662.00 via the Recovery Act Ju!tice Assistance Grant Allocation, pursuant 10
application.
The Jus11ee Assistance Grani requires that the Oty of Englewood Police Oepartmen1 collaborate
with the cities of Aurora. Glendale. Greem, ood Village, 1.Jttlet.on. Sheridan, Centennial, and
Arapahoe Couniy. The total disbursemenl 1or these agencies is S 1,743,612. These agencies ha~e
determined tha1 the Aurora Police Departmen t viii be ~'ie fiscal agent for the :;rant Aurora PD \\111
be the fiscal agent and upon receipt of the granl ml'lnies "iff disperse to member agencies
accordlngl1•.
The Police Department has determined 1ha1 its alloca1, >n will be used 10 procure th e three Harfe)'•
Davidson motorcycles used b} the Traffic Enforcement T Two additional police cruisers will be
purchased for 1he Traffic Enforcement -'"' and School Resou1ee Officer. The Police Department
will also purchase IWO FlashCAMS (di { 'lle ra systems) th at have realized a grea1 dea l of
success in the investiga tion and appreho, of individuals involved in graffiti .
FINANCIAL IMPACT This gram will provide S 144 662 in federal funding that \\ill be used to enhance and suppon ser-,ces pr0\1ded by the Police Department This ,s a non-matching grant An\ expenditures that exceed the allocation will be absorbed out of the Police DepartmeMs Opera tions Budget LI ST OF ATTACHMENTS
Recovery Act JAG Allocations
Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Prcgram
Bill for an Ordinance •
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Jul1odlctlon ,...,. Government Typo Ellglblo lndhlldual Altoc.ollon
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St.ate Jurftdlctton Name Government Type Eligible lnOMdu1I Ellglble Joint Allocation Afloutto"' co FRISCO TOWN Munopa St0:l8I co FRU ITA CITY Mun1c1oa• SI I 735 co GARFIELD COUNTY County $48 973 co GLENWOOD SPRINGS CITY Mun~ S28 210 co GAANO COUNTY Count) SIS 121 co IOAHO SPRINGS CITY Munoc,p1 S121164 co JOHNSTOWN TOWN Mun,c,pal SIi 735 cc LONE TREE CITY Municipal SI0 833 co MANITOU SPRINGS CITY Mun1cip1I $10 1$6
co MONTE2UMA COUNTY Count) $22,117
co MONUMENT TOWN -Moooc,pa, SIi 28'
co NORTHGLENN CITY M...-.cpol $73 572 co-PARK COUNTY eo.x., S17 152 co PARKER TOWN Munac,pal $27,082
co SUMMIT COUNTY County 516,023 cc, TELLER COUNTY County $11,058 co-THORNTON CITY MunQP■I $251 ,409
co WESTMINSTER CITY Munic,pal S1868&1
SUite ot Colorado S_)_l,S2Ull
• CountlH lh•t hlVI 1n H1.0r1tk ("I undtr the "El]Qlblt lndlvldUI I Alloe1tlon* column.,. tntllglbll tor I .:llrtcl
FY Ot Rtcovtry Act. Edward Bymt MtmDf'i&I Ju1tk.t A11tsllnc:e Grant (JAG) 1w1rd lrom BJA. For JAG
purposn. lhn• counU.. r.maffl I penn.r with lh• JurildkUona rKtMng fund1 Ind must bt 1 1Jgnatory on
tho roqimed -•nd"'" ol Undetltoncllng (110\J). A...,,.. MOU II p,ovklo<I oollne IC
bRe'l!'e"!'!W,9IP·Mt99f qoy!IJNrecRYtrtJAG/JAQr:,cmtyMOU pdf
•• Shaded 1lloc1don amounts !or dltparall Jurl1dk:tlon11pp11rlng In t.10 "EIIDlblt lndlvldual AIIOClllort
CONffln ...e 1Ug11ff'9(41 1 mounta baHd on whll H eh Jurlldtetlon wou~ hlYe bHn ~lglbl• to receNt If thtrt
wn no ldentfflecl dltrt_,.tly Oftpat1ll JUtitd'l<:OoM ere tflpontlbit IOt dt1ermlft.l"9 lndMdual aAoutlont end
Clocvtntnt:Jng ffidMdUfl altocaUON ln tM MOU. Addmon.-JAG Fn,que:.ntfy AO.Id Owtdon.l ctn be found on
lhe 8JA J AG web ptgti at http:llwwyt olp UJdotoovlBJN:!JsmryJAGIJAG!fCDVl,YfAQ.pdf-
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L.S. Otpimmtn1 of Ju,iitke Offic, or Jus1icc Proara nu Bureau of JMsllct AsstS1a11cl
The u.s Oeoaament or Justice. Office of Justice programs' (OJPl Bureau of Justice Assistance
(BJA) is pleased to &Mou nee lhat It is seaklng applications for funding under the Recovery Act
Ectward Byme Memorial Justice Assistance Gr•m (JAG) Program
On Febluaiy 17. 2009, President Obama signed Into law the landmark Amtrican Recovery and
Reinvestmen! Act of 2009 (the "Recovery Aci"). As one of Its many elements. the Recovery Ac:t
provides the U.S. Depar1ment of Justice (OOJ) with funding for grants to assist state. local. and
tribal law enforcement (including support for hiring), to com bat violence against women . to fight
lntemet crimes against children. to improve the functioning of the criminal justice system . to
assist victims or crime. and to support youth mentoring . DOJ Is committed to working .,,;th our
national, slate, local and tribal partners to ensure this funding Invests In the American workforce .
Specifically, under this sohcltalion, BJA wfl be making awards to assist local and tribal efforts to
prevent or reduce crime and violence
Recovery Act:
Edward Byrne Memorial Justice Assistance Grant
(JAG) Formula Program: Local Solicitation
Eligibility
Applicants are hm,ted to uni1s of local government l!sted m the~~
for JAG funds
(See "Ellglbllity ." page 2)
Deadline
RegistraUon with OJP's Grants Management System Is required prior to application
eubmlnlon.
Applicants mu1t obtain a DUNS number from Oun and Bradstreet prior to application
submission. Applicants, including those applying through GMS, must regi1ter with the
Central Contractor Regi1tratlon (CCR} database .
(See "Deadline Registration." page 1)
All apphcat,ons are due by 8:00 p.m. Eastern Time on May 18, 2009
(See ·oeadllne· Applicallons," page 2)
Important Note to Prospective Applicants This sollcllat1on is issued pursuant to the American Recovery and Reinvestmenl Act ol 2009 (Public Law 111-5), which was signed InI0 law by PreslClent Obama on February 17. 2009. As of the date this solic:itauon is issued , govemmen1-wide guidance Is s1ill forthcoming
on variOIJs aspects of the Act
Applicants are strongly advised to check the appr~. 1 i:le web site
and www.oip.usdoj.gov/reC011ery/sol,c;ttationreguirements.htm
periodically (including before submitting an application) for updates
lo this solicttation and Its associated requirements. Additional
lnformauon may become available that could affect project proposal
narratives. tlmellnes, budget requests . certifications , and other
matters related to applications.
Award recipients will be required to follow any applicable provisions
of governmenl-w ide guidance that may be issued pursuant to the
Recovery Act .
Contact Information
For assistance with the requirements of this solicitation, contact: BJA toU-free al 1-866-26&-0079
ore-man JAGRecoyery@usdoj.gov. This e-mail account will be checked hourly . A response will
be provided within one business day . You may also contact your BJA State Polley Advisor et
www.ojp.usdoj.gov/BJAlresource/stconLhtm , or EIieen M. Garry, Depu1y Director for Programs,
at 202-307-6226 or elleen garry@usdoj gov.
This application must be submitted through OJ P's Grants Management System (GMS). For
technical assistance with submitting the application , call the GMS Support Holllne al 1-888-
549-9901 , oplion 3. The GMS Suppor1 Holllne hours of operation are Monday-Friday from 7:00
a.m lo 9:00 p m e I For step-by-step GM S guidance. please u~llze OJP's onflne Grants
Management System training tool www.olp.usdoj gov/gmscbtl
OWi No 1111-0l:l
Ano-II l•(W'fl tlO?OCII
Release date: March 6, 2009
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ORDINA CE 0 SERJES OF 20 0Q BY AUTHORITY COUNCIL BIi i f' 14 INTRODUCED rJ Y l'OUNCIL MEMBE R ____ _ A Bll.,LFOR
AN ORDINANCE AUTHORIZING THE APPLICATION FOR A~;C \( t:EPTANCE OF AN
INTERGOVERNMENTAL GRANT ··RECOVERY ACT JUSTICE ASS l 'f ANC E
ALLOCATION'" BETWEEN THE CITY OF ENGLEWOOD AND THE WW ARD BYRNE
JUSTICE ASSISTAN CE PROGRAM .
WHEREAS , the Englewood Ci ty Co unci l authorized the acceptan ce ot u Justice Assi stance
Grant with the passage of Ordinance 1149. Series of 2008 ; and
WHEREAS , the Cit y of Englewood was no1i dicd that the Poli ce Depmmcnt has been allocated
Sl44,662.00 ,~a the Recovery Act Justice Assisu,nce Grant Allocation pursuan t to appli cation ; and
WHEREAS. th: Bureau of Just ice Assistance is req uirin g the City 10 co lla bora te with ot her
metro cities in th e applicat io n for the grant: and
WHEREAS, the Justice Assistance Grant is a non-matching gram:
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF
E GLEWOOD . COLORADO, AS FOLLOWS :
Section I. The City Council of the Ci ty of Engle wood, Colora do hereby auth orizes the
applicat ion fo r and acceptance of the Justice Assistance Grant from Edward Byrne Ju stice A..sistance
Grant Program to the Ci1y of Eng lewood , attached hereto as Exhibit A.
Section 2. The Ci ty Manager is authorized to execute sa id applicntion for and acceptanc e of
th e b't-an t for and on beh alf of the City of En glewood .
ln 1rod uced. read in full. and pa ssed on first re.t ding on 1he 20th day of April , 2009 .
Publi shed as a Bill fo r an Ordinance in the City"s official new spa per on the 24th day of April.
20 09.
Published as n Bill for an Ordinance on the Ci ty's officia l websi te bcginniny on th e 22nd day of
Apn l. 2()09 .
James K. Woodward. Mayor
ATTEST:
• Loucri shin A. Elli s, ·ny lerk
I. Loucnslua A. Elhs. Cn~ Clerk of the Cny of Englewood. Colorado. he. · cenify that the • above and fo regoing 1s a true copy of a Bill for an Ordinance. introduced. read m full. and passed on first reading on the 20th day of April. 2009. Loucrishia A. Ellis
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GMS Al'l'LICATIO/\' ;\ l'.\1BER: !009-f56~8-C-0-SB AGRCEME!\T 8£T\\'EE~ THC COli:'\n' OF ARAPAHOE, COLORADO AND THE CrTIES OF AURORA, CENTEN:'\IAL, E!\GLEWOOD, GLENDALE, GREENWOOD VILLAGE, LITTLETON, AND SHERIDA1', COLORA DO , REGARD ING THE 2009 RECOVERY AC1 BYRN£ JUSTICE ASSI STANCE GRANT (JAG ) PROGRAM AW ARD
This Agreem ent is made and entered into this_, 2009, by and bc!Ween The
COUNTY OF ARAPAHOE, acting by and through 1ts governing body, the ARAPAHOE
COUNTY BOARD OF COMM ISSIONERS , on behalfofthe ARAPAHOE COUNTY
SHERIFF'S OFFICE, hereinafter referred to as COUNTY, the CITY OF AURORA,
acting by and through its governing body, the CITY COUNCIL and their authorized
agent, the City Manager, on behalf of the AURORA POLICE DEPARTMENT, the CITY
OF ENO!.EWOOD, acting by and through its governing body, the CITY COUNCIL and
their authorized agent, the City Manager, on behalf of the ENGLEWOOD POLICE
DEPARTMENT, the CITY OF GLENDA LE, acting by and through its governing body,
the CITY COUNCIL and their authorized agen~ the City Manager, on behalf of the
GLENDALEPOLJCE DEPARTMENT, the CITY OF GREENWOOD VILLAGE,
acting by and through its governing body, the CITY COUNCIL and their authorized
agent, the City Manager, on behalf of the GREENWOOD VILLAGE POLICE
DEPARTMENT, the CITY OF LITTLETON , acting by and through its governing body,
the CITY COUNCIL and their authoriz.ed agent, the City Manager, on behalf of the
LlffiETON POLICE DEPARTMENT, the CITY OF SHERIDAN, acting by and
through its governing body, the CITY COUNCIL and their authorized agenL the Chief of
Police, on behalf of the SHERIDAN POLICE DEPARTMENT, and the CITY OF
CENTENNIAL, acting by and through its governing body, the CITY COUNCIL and
!heir authorized agent, the City Manager, on behalf of the ARAPAHOE COUNTY
SHERIFF'S OFFIC! whom lhe CITY OF CENTENNIAL contracts with 10 provide law
enforcement and emergency rnanagemem services, hereinafter referred to as CITTES, all
of Arapahoe County, State of Colorado, witnesscth :
WHEREAS, on February 17, 2009 President Obama signed into law the American
Recovery 3lld Reinvestment Act of 2009, of which one of the elements is the Edward
Byrne Memorial Justice Assistance Grant (JAG ) Program. This program provides gra.~ts
to states, tribes, and local governments 10 suppon a broad range of activities 10 prevent
and control crime based on their own local needs and conditions: and
WHEREAS, the CITIES and the COlJ]\TY wish to obtain fund ing from the Edward
Byrne Memorial JAG for funding the following:
Arapa hoe Coun N Shcrirr~ Office and Arnpaho e Countv Shcrifr~ Offi ce on behalf
of !ht Citv of Ccn1 enniol
l C(lmmunil)' Service Spec::ilis1 -$Q7,771
A
GMS APPLI CA Tl0:'\ '\'l 1r.1BCR: !009-FS<,:18-CO-SD : Communit) Service Specialist \' chicle & &;uipmcn1 • SJ0.000 . ,. Coun Summons Notification Clerk· $86.-76 4. Au1omn1cd License Plate Recognition Sy~tcm • $38,500 5. Mobile GPS Units -$20.000 6. Le\'el A Suits · $5.500 7. C-Kil-$2 ,750 8. Breaching BlankcL~ · S 1.000 9. Automatic Snow Chains • S'.!,000
J 0. Polygraph Equipment Upgrade -$6,000
l l. Cold Case Investigator-$3,920
Tomi = $304,218
CilV of Aurora
l. Replacement Motorcyck for MET -$16 7,550
2. Visual Spectral Compara.. 1 VSC) -$96,474
3. Tase~ -SI00,368
4. RUVJS (Reflected Ultravir 1~t Imaging) Crime Scene Light Source -SJ 9,500
5. In-Car Video-$42,250
6. Laboratory lnfonnation Management System (LIMS)-S l 80, I 03
7. MUGShotSoftware-$195,0 13
8. Inventory Management Software-$119.537
9. Administrative Support -$85,407
JO. Contract Interpreter -SJ 97,736
11. Adm in Costs -SI 0,000
Total= Sl.213,938
Citv or Englewood
l. Englewood Police Department Traffic Enforcement Team -$89,077.07
2. City of Englewood Polir.c Dcpartmenl School Resource Officer Program •
$41.366.93
3. Cit y of Englewood Police Dcp,tnmcnt Graffiti Enforcement Program -
$14.218.00
Total a $]44,662
City of Glendale
I. X-26 Tascrs • $5,670
2. Taser caruidges -SJ, 150
3. DPM Taserbanencs-$210
4. Taser Holsters -$700
S. Agent VI ONSS! integration Software License• $ I .000
6 Agent VJ-002 two(-) behal'lor anal)11t software license• $3.160
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• GM S APPLICATIO:-i Nl'M BCR : 2009-F56J8-CO-S ll 7 Gold annual Agent\' I J;Oftwnre suppon 2 year.. · $500 8. Setup and instal l onsite calibration • S~.731 Total= $15,121 City of Greenwood Vlll1ge I. Wireless Remote Microphone Tran~milters • $4,900 2. CrimeRcports Software• $I, 188
3. Bosch Air Bag Do~nloading Software • $2,000
4. Radar Gun• $4,600
5. Laser Radar Gun -$2.884
Total= $15,572
Citv of Littleton
J. Automated License Plate Recognitions System -$36,786.00
Total= $36,78(·
City of Sh1rid1g
• 1. Evidence Management System: SJ 3,315
WHEREAS, the intcnl of this Agreement is to have the CITY OF AURORA apply for
JAG funds from the United S1a1cs Department of Justice 1nd 10 divide such gnnl funds
between the COUNTY and ClTIES as set forth herein: and
WHEREAS, each governing body, in performing governmental functions or in paying
for the performance of governmental fun~tions hereunder, shall make thai performance or
those payments from current revenues legally available 10 that party : and
WH EREAS, the COUNTY and the CITY OF CENTENNIAL are in a contractual
relationship for the COUNTY 10 provide law enforcement and emergency management
services to the CITY OF CENTENNIAL, the CIT\" OF CENTENNIAL agrees 10 tum the
funds over to 01e COUNTY lo be used 10 benefit the CITY OF CENTENN IAL: and
WHEREAS, each governing body fin;!~ that the performance of this Agreement is in the
best interests of all panics, that the undenaking will benefit the public, and that the
division of costs fairly compensates the performing pany for the se.-vices or functions
un~!'l this agreement: and
• Nn,v. THEREFOR£, the COUNTY nnd CITIES a::rec ns follows:
G!\IS APl'LICATIO!\' Nl'MBER: 2009-F5638-CO-SB Sec tion I The CITY OF AURORA will submit the grant application and take receipt of the funds when disbursed. The CITI' OF AURORA will then submit 10 the COUNTY and other CITIES their allocation as agreed upon in this Agreement. Said funds will be sent 10 the accounl and fi nancial bs1i1ution provid ed to the CITY OF AURORA by the COtJNTV and other CITIES. The CITY OF AURORA will have fiflt business da)'S to disburJc the allocations 10 the COUNTY and other CITIES after the 1..'ITY OF AURORA receives
the fu~ds from the United States Department of Justice.
Section 2
The COUNTY and CITIES agree to allocate the total amount of JAG funds of S1 ,743 ,612
available in federal grant monies 10 all parties in the following amounts:
To the COUNTY: $174,000.
To the COUNTY on behalf of the CITY OF CENTENNIAL: $130,218.
To the CITY OF AURORA: Sl,213,938.
To the CITY OF ENGLEWOOD : $144,662.
To the CITY OF GLENDALE: $1 5,121.
To the CITY OF GREENWOOD VILLAGE: $15,572.
To the CITY OF LITTLETON: $36,786.
To the CITY OF SHERIDAN: $13.315.
Section 3
COUNTY agrees IO use S 174,000 of the JAG funds through Scptemuer 2012, the period
covering th~ grant
COUNTY on behalf of CITY OF CENTENNIAL agrees to use $110,218 of the JAG
funds through September 20 12, th e period covering the grant.
CJTY OF AURORA agrees to use Sl ,213,938 of the JAG funds tltrough September
2012. the period covering the grant.
CITY OF ENGLEWOOD agrees to use $144,662 of the JAG funds tltrough September
20 12. the period covering the grant.
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GJ\IS APP LI CA TIO~ Nl:MBER : 2009-F5638-CO-SB CITY OF GLEKDALE agrees to u~ $15,111 of the JAG funds through September 20 l 2. the period covering the grant CITY OF GREENWOOD VILLAGE agr~es to use $15 ,5 n of the JAG funds through September 2012, the period covering the grant. CITY OF LITTLETON agrees to use $36,786 of the JAG funds through September 2012, the period covering the grant.
CITY OF SHERIDAN agrees to use $13,315 of the JAG funds through September 2012,
the period covering the grant
Sec•ion 4
COUNTY and other CITIES agrees to submit to CITY OF A UR ORA al l financial
repons, perfonnance repons, and any other repons required by the grant on or before th:
last day of each calendar quarter so that the CITY OF AURORA may complete and
submit the mandatory quarterly repon to the federal government.
Section 5
Each party to this Agreement will be responsibk for complying with lne terms and
conditions of the grant and for its own actions in providing services under this agreement
and shall not be liable for any civil liability that may arise from the furnish ing of the
services by any other party.
Each pany under auds and agrees that, for purposes of the grant, the CITY OF
AURORA shall not be considered a "pass-through entity" within the meaning of 0MB
Circular A-133. The CITY OF AURORA's status shall be that ofa fiscal agent and, as
such, the CITY OF AURORA shall bear no responsibility for monitoring the use of grant
funds by any of the other panics to this Agreement. Accordingly, each pany to this
Agreement shall be considered a co-recipie nt of the grant and, in that capac it y, shall be
directly accountable to the United States Depanment of Justice for ull matters concerning
grant compliance.
Section 6
The panies to this Agreement do not inteud for any third p;iny to obtain any nghts by
vinuc of this agreement or to create any rights in any pany nOI a signatory hereto.
Sect ion 7
By entering into this Agreement , the parties do not intend to create any obligations
express or implied other than those set out herein. This Agrcemenl represents the entire
and integrated agre~ment between the COUNTY and C!TIES and superccdes nil prior
• negotiations, representations or agreements. either written or oral.
GMS APl'LICATION 'HIMBER: 1009-f 5638-CO-SB ATTEST, CITY OF ENGLEWOOD CIT\' COUNCIL • By: _________ _ Cit)' Clerk Gar)' Sears, City Mana ger
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GM Al'l'Ll ATIO 'NL' 1BER : 2009-f~63S-CO-. B ATTEST · County Clerk BOARD OF CO . 'TY COMMISSIONER OF ARAPAHOE CO :TY By-__________ _ Susan Beckman. Chair
GMS APPLICATIO/\' NUMBER: 200~-1"5638-CO-SB ATTEST: Ci1y Clerk Cln" OF AURORA CITY COUNCIL By:_....,...,.--..,,.,-------Ronald Miller, Cit) Manager •
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GM . Al'l'LI ATION "I 'MBER : J009-F'5638-CO-SB • ATTEST. CITY OF CENTENNIAL cm co C11. By ; ___________ _ Ciry Clerk Jacque Wedding-Scott. City M:inager
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GM . Al'l'LJ TION ' 18CR : !009-F5638-CO-.D ATTE T CITY O!'GLENDALECtn COUNCIL • By: ___________ _ Jerry Pe ters, City Mana ger
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GM · Ar PLI CAT ION 'll l ;l\'IBER: 2009-F:-6:18-CO-Sll ATTEST CuyClerl: CITY OF GREENWOOD VILLAGE CITY COUNCIL By·-----,,-,----,-,-------J;m Sanderson. Cit)' Manager
GMS APPLICATION NUMBER: 2009-FSr.JS-CO-SB ATTEST: CITY OF LITTLETON CITY COUNCIL • By: __________ _ City Clerk James C. Woods, City Manager
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GMS Al'l'LICATION NUMBER : 2009-F~638-CO-SB • ATTEST : CITY OF SHERJDAN CITY COUNCIL City Clerk By:.--=-c__,,,..-.....,..,.--c-----,~ Chief Marco K. \I asqucz, Chief of Police
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COUNCIL COMML''/ICATION D~te: Agenda Item: Subject >\pril 20, 2009 11 cl Resolution for, ear-end supplemental approprlat,ons to the 2008 Budget and transfer between fu nds Initiated By: Staff Source:
Finance and Administrative Services Department Fran~ Gryglewicz. Director
COUNC, GOAL AND PREVIOUS COUNCIL ACTION
City Council has not discussed this supplemental or tran!fer specifically but approved the 2008
Budget and Appropriations Ordinances .:in final reading on October I 9, l007.
RECOMMENDED ACTION
Staff recommends Coty Council approve the attached resolution for A supplemental appropriation 10
the 2008 Budget /or the following runds :
GENERAL FUNPi
SOURCE OF FUNDS:
Reimbursement -Slate Wlldland F,r.,,
Pirates Co.e Revenues
UnreservedNndesigna1ed Fund Baldnce
Total
USE or FUNDS:
Human Resources D!pilrtment-t.ek.11 l:xpffld,rures
A,e Del)"rtmeno -Wildland Fires 0..pl0\'lllent O\'er1,me
Fire D, 1rtmen1 • Democral,c Na1101,.,1 Co1wention Overtime
Parks Ii. Recreat ion -Emergency Boolrr Rrplacrmenl
Park, & Recrea tion -Ga, and Electric r.xp,wli oures Higher Than Expecoed
Parks l,. Recreation -Pir,,tes Cove E,pend,1. , Basecl :n H,glwr i',llend.,nce
Total l'St' 01 Funds
O,PIIAL PRO(fCTS FUND:
SOURCE OF FUNDS:
l,nrr,rf\edl\.,ndr"gnated fund Bal.inc<•
USE OF FUNDS :
· Tr;1n>ft'r to Pubhc Improvement rum.J
S6 S,000
S1 70,000
illJ.Q!!
S290.700
SB,700
S65,000
$13,000
$40,000
534.000
..iLlQ.l!Qll
$290,700
S75,000
PUBLIC IMPROVEMENT FUND; • SOURCT OF FUNDS: Tr.ln\ler In from Capital Projecl> Fund S75,000 USE O F FUNDS: Unreserved/Undeslgnated Fund Balar.ce S75.000 DONORS FUND; SOURCE Of FUNDS:
Reserved Fund Balance • Safety Ser\'ices 595,000
USE OF FUNDS:
Safety Services• Fox Sireet Station Roof m.ooo
Safeiy Services • IAFIS Fingerprint Equipment 529,000
Safety Services • Emergency Lighting Equipment 517,000
Safeiy Services • Juvenile Offender Management Software S24 ,000
Safeiy Services • Victims Assistance Program _llil!lQ
Total 595,000
COMME8Cf6L B~OU'.IN!;i LO6N EUND;
SOURCE Of FUNDS:
Unreserved/Undeslgnated Fund Balance SJ0,212
USE Of FUNDS:
Grant to Micro Bu1lnm Devetopmeni $30,212 • SEWER FUND;
SOURCE Of FUNDS:
Retained Eamlngs S775,000
USE OF FUNDS:
Capital Budgeted In 2007 Comple ted on 2008 5775,000
CONCRm umny FUND;
SOURCE Of FUNDS:
Retained Earnings S1 30,000
USE OF FUNDS:
Capital Budgeted In 2007 Con1pleted in 2008 S130.000
CENJML $E8Y!ctS FUND;
SOURCE OF FUNDS:
BIiiings lo Departments 520,00.1
USE OF FUNDS:
Cost of Goods Sold S20,000
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BACKGROUND, ANALYSI S, AND ALTERNATIVES IDENTIF IED The wpplememal appropriations 101 2008 are presented ior Council's consideration at !his 1,me because to tal e,pendrtures ,or the , ear are often not fut~ Imo" n unnl all e,penditures are paid, whrch Is often months after rear-end. The General Fund incurred une,pecled and unbudgeted expenditures for Fire Department overtime, Human Resources' legal expenditures, and Parks and Recreations expend itures for an emergency boiler replacement, increased enerS) expenditures, and Increased attendance at Pirates Cove.
The Capital Projects Fund Is transferring $75,000 to the Public lmpr0vement Fund (PIF) because
revenues in the PIF fell short of estimates and without the transfer 1he fund balance would be
negative.
The Donors Fund expended funds for Police-related expenditures that were not included or
anticipated in the original 2008 Budget
The Commercial Revolving Loan Fund made a grant lo Micro Business Development In 2008 but
the use of these funds was not anticipa ted and therefore not appropriated al the time the 2008
Budget was prepared.
The Sewer and Concrete Utility Funds completed capital projects in 2008 that were originally
budgeted In 2007. The appropriations lapsed so a supplemental appropriation is required .
The Central Services Fund's cost oi goods sold was higher than expected for 2008 but will be offset
b1• interdepartmental billings.
FI NANCIAL IMPACT
The supplement appropriations were part of the 2008 Proposed Budget so !here will not be an
impact on 1he Budget as approved by Council.
• Tiie Gene ral Fund's 2008 un reserved/undeslgnated fund balance decrease $55,700.
• The Donors Fund's reserved fund balance decreased b\' S95,000 for 2008.
• The Commercial Revol, mg Loan Fund's 2008 ending unreser\ ed/undesignated fund
balance decreased SJ0,212
• The SL'\,er Fund's 2008 retained eamrngs decreased $775,000
• The Concrete Utility Fund's re1ained earnings are reduced S 130,000
• The Central Services ' 2008 cost of goods sold Increased $20,000 bu1 was offset by
addillonal billings or revenues.
LIST OF ATTACHMENTS
Proposed Resolution
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RESOLUTlON NO. SERIES OF ~009 A RESOLUTION APPROVl1'G A SUPPLEMENT AL APPROPRIATION TO THE 2008 BUDGET AND TRANSFER BETWEEN FUNDS. \\'HEREAS, the City of Englewood 1s required by City Chaner 10 ensure that cxpcnditum do not exceed legally adopted appropriations: nnd
WHEREAS, the 2008 Budget was subnutted and approved by the Englewood City Council in
October 1007: and
\\ 'HEREAS. this supplemental appropnauon 10 the 200S Budget 1s due 10 total expenditures
for the year 1101 being fully kno11.11, unul all expenditures are paid. which is often months after
year-end and therefore 1101 approprillcd al the ume the 2008 Budget was prepared,
NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The Budget for the C11y of Englewood, Colorado. is hereby amended for the year
ending 2008. as follows:
2008 SUP PLEMENT AL APPROPRlA T ION
GENERAL FUND
SOURCE OF FUNDS:
Reimbursancnt-State W1ldland Fire•
Pirates Cove Revenues
Unrcservcd/Undesigna1cd FLnd Balance
Total
USE OF FUNDS:
S 65,000
Sl70.000
Ll.UQQ
S290.700
Human Resources Depanme111-Legal Expenditures S 8.700
Fire Depanmem -Wil dland Fires Deployment Ovenime S 65,000
Fire Ocpanmen1-Democra1ic National Convention Ovenime S 13.000
Parks & Rcorcation-Emcrgcncy Boiler Replacement al Pirates Cove S 40.000
Parks & Recreation-Gas and Elcctnc Expenditures Higher than c.pcctcd S 34.000
Parks & Recreation-Pirates Co1·c E.,pendnurco Based on Higher Anendancc illll.2!lQ
Total Use of funds S290. 700
CA PITAL PROJECTS FUND
SOURC E OF FUNDS:
Unreservcd/Undesignatcd Fund Balance S 75.000
USE OF FUNDS:
Transfer 10 Public Improvement Fund S 75,000
PUBLIC fMPRO VEMENT F~D • SOURCE OF FUNDS : Transfer in from Capi1al Projec1s Fund S 75.000 USE OF FUNDS: Unrcserved/Undesigna1ed Fund Balance S 75.000 DONORS FUND
SOURCE OF FUNDS:
Reserved Fund Balance-Police Depanmem S 95.000
USE OF FUNDS:
Police Depanment-For Fox Slleel Smion Roof S 23.000
Police Deparune111-IAFIS Fingerprin1 Equipmen1 S 29,000
Police Dcpanmem-Emergency Lighting Equipmcn1 S 17,000
Police Deparunent-Juvenile Offender Management Software S 24,000
Police Deparunent-Victims Assistance Program LJ.Q!!Q
To1al S 95,000
CQMMERCJ6!, REVOLVING J.QAN FUND
SOURCE OF FUNDS : • Unreserved/Undesignated Fund Balanc:t S3-0,m
USE OF FUNDS:
Grant to Miao Busmess De\·elopmenl $30,212
SEWER FUND
SOURCE OF FUNDS:
Re1aincd Earnings $775 ,000
USE OF FUNDS:
Capital Budgeted in 2007 complc1ed in 2008 $775 ,000
CONCRETE lTTILIT\' FUND
SO URCE OF FUNDS :
Retained Earnings $130.000
USE OF FUNDS:
Capital Budgeted in 2007 completed tn 2008 S130.000
CENTRAL SERVI CES FUND
SO URCE OF FUNDS:
Billings 10 Depanments S 20,000 •
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USE OF FUND S: Cos1 of goods sold S 20.000 Scc1ion 2. The City Mnru,ger and 1hc Director of Fmnnce ar,1 Adminimauve Services arc hereby awhorizcd to make the alxwe chai•gcs to the 2008 Budge, for the City of Englewood . ADOPTED AND APPROVED ttus 20. day of Apnl, 2009.
ATTEST:
James K. Woodward, Mayor
Loucrishia A. Elbs, Cny Clerk
I. Loucrishia A. Ellis, Cny Clerk for the City of Englewood. Colorado. hereby cenify the
above is a we copy of Resolution No. __ , Series of 2009.
Loucrishia A. Ellis, City Cieri:
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COUNCIL COMMUNICATION Date: Agenda It em: Subject: April 20,2009 11 cil Award Construction Contract • Paseo Project Phase 2 Initiated By: I Staff Source:
Community Development Department Brook Bell, Planner II
COUNCIL GOA L AND PREVIOU S COUNCIL ACTION
• Councd passed Ordinance No. 69, Serles of 2007, approving an Intergovernmental
Agreement (IGA) with Arapahoe County reallocating SS0,000 of 2006 federal Community
Development Block Grant (CDBG) funds towards Phase 1 of the Paseo Project.
• In December of 2007 Council approved, by motion, a professional services agreement with
Mundus Bishop Design to provide project design and construction documents for Phase 1
and II of the Paseo Project.
• Council passed Ordinance No. 30, Serles of 2008, app,'>vlrog an IGA with Arapahoe County
reallocating $70,000 of 2007 CDBG funds and requesting S60,000 of 2008 CDBG funds fo r
the construction of Phase 2 of the Paseo ProjecL
RECOMMENDED ACTION
Staff requests that Council approve, by motion, an award of contract to construct Phase 2 of the
Paseo Project to the lowest qualified bidder, Landtech Contractors, Inc., with a total basr bid and
alternates bid Items totaling S 107,201. land tech was one of 14 companies that submlu •d
complete bid documents by tne deadline of 10:00 .1.m. on M.lrch 17, 2009.
BACKGROUND
The Paseo Redevelopment Project proposes to transform a 6.000 square foot existi ng walkway
owned by the City Into a lighted, safe and active pubhc plaza. This plaza will be located bel'ween
two buildings rn Downtown En:;fewood on the west side of the 3400 block •f South Broadway.
Phase 1 "as completed In August of 2008 and removed existing conc retr r"cl· dlld overgrown
landsc.iprng; Installed conduits for undergroond utilities; and replaced the" all,\\a\ m the center of
the plaza. Phase 2 will comple te new lighting, a shade structure, seating rn additional plaza areas,
and Irrigated landscaping.
Englewood retained Mundus Bishop Design to provide project design and to develop the
construction plans and bid documents. The project des ign was coordinated wi th the South
Broadway Bu,ines, Improvement Dlstricl. Park, and Recreation, and Public Works.
The opportun ity to bid on the project was advertised in the Englewood Herald on February 6, 2009. • The bid opportun ity "as also el ectronlcall1• published on the Rocky Moun ta on BldNet E-Purchas ing System. The lowest qualified bidder, l.andtech Contractors, Inc. provided references, documented experience on similar projects, and provided a financial statement for staff review. Staff found these documents to be accurate and favorable to the Cit). The funds for this project are budgeted and currently availab le. The total project cost estimate of S 130,000 indudes a construction contingenC)•, relocation of a gas line, and site furnishings 10 be
purchased outside of the contract
FINANCIAL IMPACT
The project construction costs are funded through Federal Community Development Block Grant
(CD BG) funds through Arapahoe County. The existing empl oyees on Community Development drt!
avail able to oversee the project a nd are part oi the City's contribution.
UST OF ATTACHMENTS
Summary of Bid ~esults
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• • • City o f Eng l e w ood Bid Ta b u l a t ion Sheet Bid Open ing: M arch 17, 200 9 10:00 A.M . ITEM : ITB-09-101, Paseo Plaza P roject Phase II ,WO "oa ,wa ..aa Alternate 1 Altema~e2 Alternate 3 Alternate 4 Total B ase Bid Contrac:tor Total Base Bid Total Cost Total Cost Total Coat Total Cost with Alternates 1-4 Goodland ConstructJon Inc 760 Nile St Golden, CO 80401 Louis Worland (303) 278-8100 $ 159.833.00 S 17,840.00 s 5,500.00 s 2,870.00 $ 2,580.00 s 188,423.00
J . C. Brooke & Co. Inc
5195 W 58th Ave
Arvada, co 80002
Joseoh Brooks
(303) 428-5299 $ 199,013.70 S 18,894.05 $ 5,891.00 s 6,072.00 $10,373.00 $ 240.243.75
White Construction Grouo
18 S Wilcox St Ste 100
Castle Rock, CO 60104
Ooualas Decker
(303) 68M92.4 $ 141,575.00 S 15,530.00 s 3,548.00 s 5,070.00 s 5.205.00 $ 170,928.00
American Civil Conatruct<HS Inc
1601 W Belleview Ave
Littleton, CO 80120
Eric Reaer
(303) 795-2582 $ 101 ,903.50 $14,695.00 s 5,200.00 s 5,400.00 $ 9,100.00 $ 136,298.50
Walsh Construction Inc 8139 Ooen VI-Pl Loveland, CO 80537 Matthew Walsh 1{970) 622-8227 $ 177,711.00 $16,400.00 $ :;,000.00 $ 3,000.00 $ 3,000.00 $ 205,111.00 Colorado Dealanaca.,.,., Inc 15440 E Fremont Dr Centennial , CO 80112 Scott Ascherman {303) 721-9003 $ 124.3 94.25 $ 16,8'12 .. 25 s 4 ,412.00 $ 5,130.00 $ 5,260.00 $ 156,058.50
KECI Col orado Inc
5750 W Alroort Rd
Sedalia, CO 80135
Paul t,tat a
(303) 791-3759 $ 133,957.00 $18,435.00 $ 5,500.00 $ 5,700.00 $ 9,600.00 $ 173,192.00
Landtech Contractors Inc
525 N Loredo St
Aurora. CO 80011
Herovlne Schechs
(303) 344-4465 $ 10 1 ,921.00 $18 ,090.00 $ 5,438.00 $ 2,691 .00 $ 2 ,589.00 $ 130,729.00
CTMlnc
PO Box 118
Enalewood, CO 80151.0118
Robert Willia
(303) 975-9399 $ 207,285.25 $18 ,035.00 $ 2,780.00 $ 5,550.00 $ 5 ,245.00 $ 238,895.25
Arrow J Landscaoe & Design Inc 909 E 68th Ave Denver , CO 80229 Chester Jones (303) 289-4388 s 117,935.26 $ 15,853.60 s 5,469.00 s 2,480.90 s 2,460.90 s 144.179.66 Urban F.....,. Inc 3-431 E 86th Ave Thornton , CO 80229 DaveTollefaon
(303) 8534585 s 109,799 . .0 $ 13.231.93 $ 4 ,487.96 s 5,0.0.00 s 8,609.94 $ 141,149.23
Hallmark Inc
5040 Tabor St
Wheat Rldae, CO 80033
Howard Hall
(303) 42U005 s 151,223.00 S 18,500.00 $ 8,000.00 s 3,000.00 s 3,000.00 s 183,723.00
IBEC Cons truction Company
3107 W Hampden Ave
Enalewood, CO 80110
Rebecca Davidson
(303)304-Q51 s 150,300.44 $13,459.46 s 6,112.51 s 6,183.63 s 6,096.00 s 182,152.04
Colon•Collewn Construction UC
41 01 E Louisiana Ave #111
Denver, CO 80246
Luis Colon
(720) 891-1300 $ 166,887.75 $ 9,783.00 $ 5,400.00 s 4,500.00 $ 4,450.00 s 191 ,020.75
r.11•r1·1: \J ~ .. d , .. d !) j 'j I ..J _,--' j :.J ..,.J .J .,.,1 -jj ... J. ,.. \J J 'J ... ·1 ........ ·r ';.) ;JJ ., J :JI.=!~ Academy 3
I Name Initial EMAi L address Phone I
-Chavez-Maninez. Jamie Lynn -Craft , Mark
-Da y. Taylor
-Day-Phillips , Skye -Faestel , Beth
-Fascruk , Caroline
-Graham, Larry
-Gruz . Rebecca -John son , Li sa Marie -John son . Margret a
-McMorri11e, Steve -Oxford , Bobbi -Peltz . Lori -Sterrett , Bernard -
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