HomeMy WebLinkAbout2009-06-15 (Regular) Meeting Agenda PacketAgenda for the Regular Meeting of the Englewood City Council Monday . June 15, 2009 7:30 pm Englewood c,v,c CenIer -Council Chambers 1000 Englpwood Parkway Englewood CO 80110
Call lo Order 7:38 p.m .
2 Invocation Mccaslin
3 Pledge of Alle91ance McCaslln
4 Roll Call
Present: Jefferson Moore. Penn Oakley McCashn Wilson. Woodward
Absent : None
5 Cons1derahon of M,n ules of Previous Session
a Minutes from Ihe Regular Ctty Coundl Meeting of June 1 2009
Motion: To approve the mInuIes of June t . 2009
Moved by: Moore Seconded by. Mccaslin
Vote Motion Approved (summary Yes• 7 No=0)
6 Recogna1011 of Scheduled Public Comment (Please bmot your presentallOn to len minutes)
a Jerry Furman w,11 be present lo discuss the City parks
Mr. Furman was not present.
7 Recogn,tJon of Unscheduled Public Comment (Please 1ml your presenIaI10n lo five m,nutes
Time for unscheduled public comment may be hm,led lo 45 m,nutes , and 1f hm,ted, shall be
continued to Ge neral o,scuss,on )
a Dorothy Haefel, • Off-leash dogs ,n Centennial Par!(
b Emme Putnam • Off-leash dogs ,n Centennial Park
c Ktm love . Englewood Unleashed • Jason Park
8 Commu nica I1ons. ProclamaI ,ons, and Appo,nl menls
a A proclamatoo declanng July as Natt0nal RecreallOn and Parks monlh
Motion: To approve lhe Proctamauon declaring July as Na llonal Recrea IK1n and Parks month
Moved by: Mccaslin Seconded by Wilson
Vote Motion Approved (summary Yes = 7 No=O)
Englewood C,1y Counol Agenda June 1s 2009 Page2 9 Consent Agenda Items a Approval of Ordinances on First Read ing None
Motion: To approve Consent Agenda llems 9 b (1), (11). (1n) and 9 (c) (1)
Moved by: Moore Seconded by Penn
Vote Motion Approved (summary Yes = 7 No= 0)
b Approval of O1d1nances on Second Reading
Councd 8,tt No 23 authonz1ng an Intergovernmental Ag1eement between the City
Ord # 22 Englewood and Arapahoe Cwnty for Community Development Block Grant and
HOME Investment Partnership programs for2010 through 2012
II.
Ord# 23
Ill
Ord# 24
Counc il B1II No 27 -accepting 2009 Victim Assistance Law En forcement Grant
funding
Council B111 No 28, approv,n9 a License Agreement and Grant of Temporary
Construcllon Easement for a turn-out gate in Englewood's C,ty Ditch easement at
2890 South Clarkson Street
c Resolut10ns and Mot10ns
RecommendalJOn from the littfelon/Englewood Wastewater Treatment Plant to
authonze by motion an agreement with Ameresco. Inc fo, perfo,mance or a
Technteal Energy Audit fo, the Wastewater Treatment Plant STAFF SOURCE:
Chong Woo, Project Manager.
10 Public Heanng Items (No Public Heanng scheduled )
11 Ordinances. Resolutions and Mollons
a Approval of Ordinances on Fusi Reading
Council BIii No. 2 4 -Reco,nmendat10n fro,n the Community Development
Department to adopt a btll lo, an o,d,nance accephng an Enterprise Zone
Mar1<ebng Grant fro,n the State of Colo<ado in the amount of 512,500 STAFF
SOURCE: Darren Hollingsworth, Ec on omic Development Coordina tor
Motion: To approve Agenda Hem 11 a (1)
Movtd by: Wilson Seconded by Jefferson
Vote Motion Approved (summary Yes = 7 No = 0)
b Approva l of Ordinances on Second Reading
None
Englewoocl City COU110I Agenda June 15, 2009 Pagel c Resolullons and MolJOns Recommendation from the Finance and Administrative Serv,ces Department lo Reso # 42 adopt a resolution approving a supplemental appropriation In the amount of $100,000 to help defray the outstanding obligations of th e Colorado Hum ane Society STAF F SOURCE: Frank Gryglewlcz, Director of Finance and Ad ministrati ve Servlcn.
Motion: To approve Agenda Item 11 c (i) with added language (Section 3) to clarify tha t th• f unds
are being appropriat ed, but they won't be spent without the City Manager finding a su ita ble party
to run the f1clllty.
Moved by: Moore Seconded by: Penn
Vote: Motion Approved (summary: Yes= 7 No• 0)
ii.
Tabled to•
da te uncertain
Recommendation from the Department of Finance and Administrative Services lo
adopt a resotutlon approving a supplemental appropnation In the amount of
$80,000 to pay for design services for the "South Broadway Medians -Quincy to
Tufts" project. STAFF SOURCE: Frank Gryglewlcz , Director of Finance and
Admin istrative Services.
Motion: To Table Agenda ltemI11 c (II) and 11 c (Ill) to I date uncertain
Moved by: Moora Seconded by: Jefferson
Vote: lllotlon Approved (summary: Yes = 6 No = 1 (Woodward))
ffi
Tabled to I
date uncertain
Recommendation from the Department of Public Works to authorize, by motion, a
Profession al Service s Contract w,th Hedrick & Associates for the design of "South
Broadway Med ians -Quincy to Tufts" In the amount of $71,857.80 . STAFF
SOURCE: Rick Kah m, Director of Public Work,.
12. General Discussion.
a Mayofs Choice.
b Council Members' Choice
Motion: To reque1t $2,000.00 f or Gol d Sponsorehlp for 1he George Allen Chamber of Comm ■rce
Golf Toum1menL
Moved by: McC11lln Seconded by· Wilson
Vote· Motion Approved (summary· Yes = 7 No= 0)
13 City Manager's Reporl
14. City Attorney's Re port
a Request for authoru:atlon to relain legal counsel to pursue a claim for damages at Puates
Cove
Motion : To hi re Bums, Flga & WIii, 1peclflcalty Dana El1meler, to pureue I ctI lm fo r d1m1ges 11
Pirates Cove.
Moved by: Moore Seconded by: Wilson
Vote Motion Approved (summary: Yes = 7 No • O)
15. Adjournment 9:31 p.m.
• Call to Order ENGLEWOOD CITY COUNCIL EN GLEWOOD, ARAPAHOE COUNTY, COLORADO Re,gular Session June 1 , 2009
The regular meeling of 1he EngleWOOd c,1y Cooncol was called 10 order by Mayor Woodwatd at 7 J6 p m
2 Invocation
The invocab()(I was given by Counc,I Member McCaslm
3 Pledge of Allegiance
The Pledge of Allegiance was led by Councll Member Mccaslin
4 Roll Call
Present
Absent·
• A quorum was present
Also present.
Co unc,1 Members Jefferson, Moore, Penn. Oakley, McCaslm, Wilson,
Woodward
None
Ci ty Manager Sears
City Attorney Brol2ma n
Deputy C11y Mana.ger Flaherty
Deputy City Clerk BuSh
Director Gryglewicz, Fm ance and Adm,n,strauve Services
Operab()(IS Supennlendent McCormick, UM1t,es
Dorect0t While, Community Development
Housing Finance Speaahsl Grimmett. Community De velopment
Planner Voboril, Community Development
Choel Bulkl,ng Offoaal Smolh, Bu1k11ng and Salety
Vict,m Wdness COOll!onator Wenig. Police
PollCe Commander Watson
5 Considoratlon o f Mlnutos of Prev ious Sess ion
(a) COUNCIL MEMBER PENN MOVED, AN D COUNCIL MEMBER Mc CASLIN SECONDED , TO
APPROVE THE MINUTES OF THE REGULAR cm COU NCIL MEETING OF MAY 18, 2009 .
Mayor Woodward asked ,, !here were any correct,ons or mod,licat,ons There were none
Vote results :
Motton carried
Ayes Council Members Penn, McCashn , Moore, Woodward , Jelftlrson,
Wilson. Oak ley
Nays None .6 Recognition of Sc ho~u led Pub lic Comment
(a) Manha Griego, an Englewood resident, sa id City Counc,1, lhe reason I am here 1s 10 help 1he
children gel Jason Park back I will give you a hllle h1s1ory I have hved 1n 1he same home ror lhe pasl 27 years
Englewood Clly Council Juno 1, 2009 Pago 2 aod my kids have always gone 10 Jason Paik and now my grandbab,es love lo go lhcre as wen For lhe pasl two 1ears I ve had n~mcrcus troubles , •• th lhe dogs al JaSOt> Park I have r1ever said anything lo the Courd From clogs running 10 us and we have 10 frcoze uni,l lhe owners come lo !he dogs coming 10 the p,cnoc area when we have food and we have 10 chase lhem away And lhe lasl slraw was when I was w1Ih rtiy lhree • granddaughlefs ages 5. 3 and 2 We ,vere on tne playground and a dog was w11h1n 5 leet of me and he growled I was Iernf1ed not knowing whal lh1s dog would do Malea had surgery the previous weel< and was restricled to no running, cry,ng or screaming She was holdu19 my leg and though my thoughls were racing I tned not lo panic these children One week after the 1ncodenI w,th the dog growl,ng the grandbabies wanled 10 go back 10 the park So we wenl back and a wMe dog came on to the playground There were kods on the
slide, including one of my grandbJb1es There was a leenager s1thn9 on lhe boUom of tl1e shde and his sister
was on the top and Malea she was also on the shde And I was on the soulh side of lhe park with my 0Iher two
grandbabtes and he was trying 10 shoo lhe dog away Meanwhile. lhe owr1er kepi calhng the dog and the dog
refused lo hslen I was on lhe south side Iusl sw111gIng w1Ih the kids when I nollCed what was 901119 on so I
started walking toward l hem l o help chase lhe dog away The teenager finally threw an obJeCl al him and lhe
dog ran to I1s OWrler The kids were then able lo go down the shde and continue playing I'm aware lhat
En<''ewood has d group lhat suppons the unleashed dog parl<s and lhey have the11 own website I have looked
al 1111s webs1le 10 see whal lhe11 lhoughls are and found lhere Is a m,ss,on rules and etiquettes to abide by
Thl5 group has lhe righl idea for lheir dogs, bul there Is no facl fmdmg rn their beliefs and the rules they have sel
are nol being followed Their mission beliefs 111dicaIes number one that dogs can exerc,se wllhout leash
reslraIn1s ,n a clean, heallhy and safe enwonmenl and number IW0 to cull1va1e community sp11II and
neighborhood relahons lhrough various oul reac h efforts and number threo to provide a safe, clean and
accessrble env,ronmenI where dog owners and therr canine companions can exerc,se and SOClahze They have
12 rules and 7 rules are noI be ng followed as you win see ,n lhe pictures I have taken Four of the rules I
wouldn't know aboul number one no dogs 1n heal allowed, number lwo dog was vacc,naled, number
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lhree use of park al your own risk and number four no dogs under 4 monlhs The last one 1s 10 abide by park •
rules They also have this standard leller lhat 1s to be senI lo City Couool ,n support of unleashed dog parks
One paragraph reads thal ·1 believe thal dogs lhat are able to exercise vigorously, play and Interact W11h other
dogs and peop le are less hkely to bark and behave mapproprialcly w1Ihin lheir own neighborhoods The resull
Is a safer happier commuMy for dog owners and non-dog owners alike • If lh1s ,s lfue. then why are the dogs
nol 1n control. why are lhey nol behaw,g appropnate'y? I am g,v,ng you p,clures that I have taken dunng this
last week I wenl lhere 10 observe for fUSI one hour and, after lhe lh11d day. I couldn't lake 11 anymore I was
gelling more funous wIIh lhe owners They have disregarded lhe children at Jason Park The pictures will show
lhal the rules are not being followed Number one 1s lhe dogs are not bemg conIrolled by voice command
number IW0 dogs are no! leashed when kids are al play. number lhree owners do not carry leashes with
lhem. nu mber four dogs are no! leashed when entering the park . number 5 dogs run where they want lo
wilhoul the owners number six owners are not p,ckmg up lhe11 dog poop. number seven a child bnngs his
dog 1nlo the park and he was about Ien years old and number e,ghl the ch,ld was not superv.sed by an adull
number nine they are not following park rules as posted al Jason Park Manlyn Lamb, Animal Conirol, was at
the park when the dog growled at me and I showed her lhal lhere was poop m the middle ol lhe playground
The owners believe that lhe park IS lhetr backyard and no one should be lhreatened by lhe,r dog and that they
have I0IaI control of the11 animal There 1s a City Code lhat 1ndocates 1f the dog 1s ,n the fronl yard, and there Is
no f ~c,q. lhen you must have lhe dog on a leash This proIecIs olher people Bui now lh al a dog ,s al a park.
and ,e ·hrldren are running around why me lhe dogs able to run loose? I den I undersland why you can'!
pro!il<:I us aIIhe park as well There ,s a dog park, JUSI a hllle over one m,nule from Jason Park This park was
made &,;ecd1cally for dogs These dogs can exercise freely be safe and have a clean environment. as well as
sor...aliz~ wolh 0 Iher dogs and people. as indical ed ,n lhe11 m,ss,on Why do the children have lo lose lheir
.c~'ll<lm of n,nmng free being safe and hav1119 a clean enVJronment because of lhe dogs? Why do they need
to tx '<;ared ol dogs runn,ng up lo lhem, barking or growhng al them? We need lo remember lhal these are
ch1ld1,, II.al can be smaller than lhe dogs lhal come up lo them Whal has happened lo lhe safe, clean
e, .. ronmenl lhat Jason Parl< once had? We need 10 remember lhal dogs are ammals and nol humans They
will bIIe. growl. bark. run where lhcy wanl lo no matter how many t,mes we call them We had a dog for
e1ghIeen years and he was an exce ll ent dog lhal abided by our commands Bui lhere was a lime or lwo lhal he •
refused lo listen 10 us and we had lo go gel him As I 1ndocatcd a dog Is going 10 do whal he wanls 10, no
mailer how many comrrands you give h11n He :s an animal Be IS nol a human rm askmg Clly Counc,t lo lool<
al lhe p1cIures I have Ia,en and 10 ma~e lh• final dec,s,on to grve lhe ch ildren back l he par~ w1lhouI hav,ng 10
share 11 w1Ih lhe dogs This will give l he children" safe and clean env11onment l hey can play freely and noI
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Englewood City Council Jun• 1 , 2009 Pago J have 10 :IO(ry about anything No l)()Op nc oogs barl""g no dogs growhng no dogs laKlng food from thel' hands We musl a·so remember Iha! 1~,s park was bu111 fa< the children and lhetr fam,hes 10 enioy p,cnies and 10 play freely Le is g,ve rhos park back lo the ch ildren and lcl lhe dogs go lo Belleview Park Thank you I will gr;e you these poc:ures bul I wiU ask Iha! when you are done IOok,ng al l hese p1r1ures 1f you could please relum ooe 10 me I would really apprec,ale ,1 Thank you for your cons,derahon l b) Tracy Jones a Highlands Ranch res,denr, sa id I am here loday 10 1alk abou1 lhe prob'ems I've run into at Jason Park with unleashed dogs In lhe lasl year. I lhmk, that has become a dangerous park, due 10 ()-Nllers that are not able to con1rol lhe11 dogs I made a complaml last summer 10 the Parks Dov1s10n. because I
had enoJgh of dogs approaching me and my k,ds who are 5 3 and 2 aggressively Two ma10, oncioenls
happened lasl summer, alOng with some minor ones thal was the reason for my complaint The f-rst ma1or
,nc,dent was when we were having a fami ly reunion with food and games on the sout h side of Jason Park
Everyone was pre1ty much done eahng except for the people hav,ng seconds and of course the kids who eat
stowty A dog lhal lo, awlule we thought he hild no owner because he came running 1n10 our p,cn,c area
freaking the kids out. because some of them were s,tt,ng on the grass This dog Jumped up on the table and
lried to eat our food that we had catered in Everyone was 1ry,ng lo shoo the dog away and yelling at him 10 get
out of here My Dad finally lost h,s pat,ence when the dog came running up lo one of my kids thal was on ly one
and a half al lhe ume and 1s very fearful of dogs He was about lo krck lhe dog. because this was going on fa, a
few m1nu1es when we could flllally hear a lady caUing her dog as she look her ~me walking acsoss the park to
and playground lo come get h,m My Dad was telling her lo hurry up and gel her dog before he handled 11 for
her To make 11 worse. she had another dog w,th h~r without a leash, lhat left her as soon as he spotted !he
other dog and fOOd When she finally made ,t over lo her dog, she grabbed them and left the park right away
Earlier that day, my oldest girl. Male a was barefooted and she walked to the !rash to throw her plate away and
stepped ,n dog poop She almost threw up because ,t grossed her oul so badly The second majOf 1ntldent
was when I look my lhree girls to the park by myself My oldest was on lhe swing and the other two were by me
getting o ff the merry•go•round heading toward the bouncy dinosaurs when a dog who was on the north side of
rhe pla)ground came runnmg and barking al my 91<ls My girls were only about 2 feet ahead of me and they
!urned and started 10 run and c,y I picked both of them up and lned to calm them clOwn, hoping tile dog
wouldn I allack us as he was running at us The owner, who was chasing after him whole all of lh1s was
happen,ng was yell ln1, for him to come back By the lime the dog got Just a few ree l away , I was making my
deos,on on. do I lel this dog bt1e me. so he doesn't bRe my k,ds or how hard was I going to have lo kick this dog
lo pr01ect my kids and ~ow am I goong to do 11 w,lh my kids ,n my arms t befleve this owner knew that I was
aboul 10 do something , 1ecause she was saying don'! wa<ry , he wont b11e This dog stop~ abou1 a foot
away but con11nued to I irk at us The owner grabbed horn and put him on a leash and apologized and left the
park Aller this mc,der 1• when I wrote a letter to the Parks D1v1s10n and the response that I got back was. the
only thing I could do wa• .ii the cops or an,mal control I U10ught ,t was a pretty lame excuse because on lhal
partlCular day, as most oJys when I go to the park, I d1dn I have my cell phone on me When you are wallung
lhree very young children to the park, your hands are full enough withoul a cell phone to carry around Even 1f I
did have my cell phone and a prob lem occurred with a dog , the owners usually get tho dog and leave right awny
before an,mal conrrol can get there I don't hke 1ak1n9 my phone to the park anyway because I'm !here to play
with my klds n01 tafl< on the phone t undersland that there is an unleashed dog park committee and f think that
1s grea1 because a 101 ol dog owners think of their dog as their own child and !hey wanl to do whal ,s besl fa,
!hem Unfor1unately, some owners don't have complete conlrol of their dog, which has led 10 some very scary
ITTCJdents I am nor here to hate on all dog owners I've seen dogs al the park w11h their owners and they do
everylh1n9 11ghl bul !here are loo many owners who do not obey an of the rules and et,quelte set by the
co,nm111ee I read on the unleashed dog park committee Just the other day that dogs are d,gg,ng holes and
11,e owners weren I covenng l hem up which led I<' 3 dog 111pp1ng ,none and costing his owner over $4,000 00
10 fox his leg II thal was one of my girls I would have ended up paying her medica l bills, because they don't
know .. nose dog dug the holes so they cou1d net lake respons,bll,ty for •t There are loo many problems wh ich
can lead 10 very serious problems t1~e lhe attack and medical expenses to keep JJson an unleashed dog
park Why can·1 tne owners take their dog to the actual dog park at Belleview or why can·t lhe City of
Englewood and the unleashed dog park committee build another dog park made JUSI for dogs ,f lhe one ,n
Bellev eN 1s too crowded I am fUSI here to rry to la~e Jason Park back 10 a kid friendly park I grew up down
lhc Sltf:81 from Jason Park and had l~e best t,me playing there I live Ill Highlands Ranch now whele they have
a Ion o• parks bul I sMt th in , Jason Park 1s 1ne besl My koO s and I ars al my Moms house aboul three o, four
ti mes a woo, or somr11mcs more weare she only lives a block away from Jason Park My kids al so IQve
Englowood City Council Juno 1, 2009 Pago 4 Jason Park but !hey are nol complelely relaxed because 1ney •nov. they have 10 walch oul for inc dogs and lhe dog poop NON I have rules for !hem wti~n I IJ<C lhcm b) myself They are no longer allov.rd 10 be scallered over Ihe playground They now h,we 10 sI,1y w11h each olher \\h1ch Ihey don 1 l1ke because one ,1Iways wanIs 10 play on something else When we go 1,1 lhe park 11 should be lun and rela11ng noI s1ressful like 11 hJs been When I go 10 Ja~on Pa~, i shou ldn'I have 10 worry 1f me .>r one ol my girls are going 10 be a11acked and how am I going 10 f19hl off lhe dog I shouldn I have lo worry about having lo rush my kids to lhe ER because of a hghI or Iry to figure oul how Is a way lo gel mysell 10 the ER ,f I was allacked My g,rls wollld be Iraumat1zed ,1 these things were to ~ver happen and they nave come close 10 happening I know a lot of dog owners think Iheir dog would never bile someone. b\J t they need to remember thal they are bringing their dog around a kids
playground where lhere Is a lot or running and sc,eam,ng and even somet,mes focld Just like how the dog
owners are lrymg 10 do whal Is best fo, th<>~ dog as a parent I am Iry1ng lo do what Is best lo, my kids f love
dogs bot I think all kids iake the pnorrty over any dog Thank you fo, your llme
Mayor Woodward said Ihank you
Mayor Wocldward said I am sure there IS 90'"9 to be a response lro,n Counc,I members laler Typically. we
respond under the Counc,I Members Choice toward the end of the meeung
7 Rocognltion of Unscheduled Publlc Commen t
(a) Kim Love, a Highland s Ranch resident, said I ca me lh is evening because I wanled to thank
Council You know I am the Presidenl of Englewood Un leas hed and we are about 300 members strong now
and we wanted lo thank you for your support of Ille Ch1h Cook-off The Chtli Cook-off was very successfu l this
year We almost tri pled the actual foo l count that came through the Ch1h Cook-off on Apnl 25" II was by far the
best event we have had ,n the four years lhat v.e have been doing 11 In fact. ,t did very well and 11 raised our
income about 65% We have a lot more money to fund things ,n the park hke benches, poop s1aIIons, pickups
and sud\ We sttll have brunches every two weeks al the Jason and 'o, the Canine Cooaf and we will continue
to fund thOse kinds of act1V1ties We have a larger volunteer count to pick up the dog poop aI both patl<.s We
!hank you all fo, your support In com,ng this evening I am happy lo hear that some of the fam~1es came to 1alk
about the 11\Cldenls that they have and we are sooy to bear about the Gnego family and the Jones :am~y about
what happened We feel badly about that Englewocld Unleashed Is very strongly comm1t1ed 10 educating the
publiC and c,t,zens lhaI have dogs aboul proper use and et1que11e of the park So 111s very important to us that
everybody follows the rules Like the Englewood Police, we cant be there 100% ol lhe time we are there a
lot a lot ol the members are there. but we can't be there 100% of ihe lime. especially In the middle of the day
as most of us are workin g So, we always try to lake care of teach ing people about wh at Is nght and wrong ,n
the park and what ,s req uired and wha t areas they are supposed lo be on the leash and which arc the ones l hey
are allowed lo be off leash So yeah. we ca n't be there all lhe time. but ii ,s very unfortunate when Inc1dents hke
th is happen, but as we think of all the thoL1sands of encounIers we have had. In the last year we got fewer than
a half dozen complaints all of which wc have• addressed II doesn I make theirs any less important but we
want 10 address those and try lo make sure that works One of the things we would propose to our Board of
Olrec1ors bul also 10 the City Coone~ In trying to lake care of this sItua11on. ,s to put up some add1I1onal signs ,n
Jason Park that IS hke by the playground a sign we have already paid lo, and put up We want to do the
same thing abou1 what ,sallowed m the ctuldren·s a,ea on the playground . as well as what IS In your play a1ea
hkd the baseball field arid the sxcer f,eld So. currently they do allow dogs on a leash, but I don I think people
kno., this because f went arid checked today wrth one ol our other membefli. Jean Alspecto, and we Chec~ed
Ihe s,gn and there Is actually a s,gn that says, dogs must be on a leash In the play areas arid in the playground
and of course, the soccer fH!ld and the baseball field I don t think a lot ol the people c0<nIng lo the par1I kna.v
that . so tl\ey allow their dogs to run free and then you have a lea~h obv10U~fy to make sure that doesn I happen
I th ink the whole idea of that ,s so IhaI you have your dOl' w,Ih the lam,ly and you can bring your dog with you 10
lhe ployground. bul they have 10 be on a leash It ,s completely understandable, consldenng thal a dog running
loose will scare the children Thal Is unacceptoble Wo'vr alwa '/S lned to advocate. as a 9rotIp, thal dogs are
not allowed anywhere near the playground or ,n lhe play areas where I-ball, soccer or baseball ,s going on We
lry to make II. you know make su re everyone Is aware that 1I Is an off-hm 1ls area lo their dogs and please keep
lhem ,n other areas of lhe park We have been really successful bul you know we can't please everybody all
the lime We are very comm1lled lo working with Code Enforcement and animal control to make sure that these
people are lollow1ng the rules so we don't have 10.:idences I •e this We have a lot of people lhal come upon
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• Englewood City Council June 1, 2009 Pag o 5 JaSOll Park dlld deode lhey tke ,1 lor 1ne r oogs and lhlly have no Idea or even care aooul the rules and tha1 1s "hy "e formed l:ngtewoo:I Unleashed Engtewood Unlea,he<I has dedocaled themselves over the lasl so, yea,s 10 educate peor;. on lhc proper el,qu~lle ol lhe park There are always going 10 be people l hal come ,nlo the park rhal havt no ,rte~ ~bout the rules or even aboU1 Englewood Unleashed as the ma1omy do now We make 11 our m1ss1on 10 try 10 make sure these problems are taken care of so, we reel JUSI as ,mportanl for !he fam,hts that are involved as wel l as for other ~sers of the park We really have lo co-ex,st thats important Tnere are people with fam,l,es and the people "llh dog~ should be able to use the park loo I think way back when the Counctl allowed oil leash p,1vileges for dogs we kepi lhal ,n m,nd lhat there a,e a lol of owners with dogs ,n Englewood and surrounding communrties and that eve,yone needs the par1< 100 But at the same twne
they do have to keep thetr dog under control so we can completely agree with you or lhal I think that 1s very
important to them Mayor Woodward said Kim . could you keep 11 to a m,nule? Mr Love sa,d, as I men1,oned
we had a hall aozen compla,nts all of which we have addressed directly w11h lhose people and all reported lo
our police And there are some people lhal abuse 1he1r privileges of the park ~nd we ask them nol 10 come
anymore ,f they don't follow lhe rules There have been several people I don 't know of ,ny allacks of v,c,ous
dogs or 1f there were dogs on the playground or pav,hon lhal shouldn'I have been lher,. !>ul again we have lo
lry to wcl1< w1lh those people and ask people nol lo lel the,r dogs loo5e in 1hal area So v.-e ;-y 10 gel evl!l)'body
but we can't gel everybody at the same 11/Tle Mar:,, Woodward said your lime ,s up. ,;ook' VoU wrap 11 up? Mr
Love said sure In concfus,on I would hke lo say we would llke to propose some $19nag~ .• •11,ch Englewood
Unleashed would be willing 10 help pay for One of the other suggestions we hav~ ,s creahng a natural barner
around the playground , such as bushes or hghl fencing . something Iha! you can sull see y"ur children from the
resl of the park Thal ,s so meth,ng Englewood Unleashed has lhe funds to helo ,.,, ,.,~ we would be happy l o
do lhal So. I think there are some good solul 1ons thal we can come up with, as , o• ~ -" rhank you for your
lime
Mayor WoodWard said thank you
• (b) Jean Alspeclor, a LllUelon resident said I am also with Englewood Unleashed K,m m,ghl have
gone a hltle over, because he look half or whal I was go,ng to say, so I w,11 go a hllle b1l under Aga,n , I wanted
lo thank Counci l for all your support over the past years from establishing tho off-leash parks, to suppo,· ·•; •
on things like our Chili Cook-oil. which K,m already lold you about I would encourage the c,1y lo post lhn,;r
s,gns al the park as well The one s,gn wdh the rules for the dog owners ,s posted under the C,ty sign I •, <
coveted by the lraSh cans !Oday when we went there And IS about al lhe srle of where your car llghls l)'J" so
,t goes from there 10 the ground So. I would bke lo see !hose up h,gher and. as Km said maybe at each ~nd of
the park or something like that And add11icnJI s,gllS a1 lhe playground areas and any place where there are
children I can 101ally relale lo anyone who nas children or grandchildren and a dog comes at lhem, that has lo
be !he most lemble experience when you '?ar for your life as well as your kids kids more lmportanUy, you
wanl lo save your kids flrsl So I would like lo see anything done lhal we can do fo r l hal. I encourage all lhe
enforcement U1a1 lhe C11y can g,ve by whoever ,s ,n charge of animal enforcemenl and let's see ,f we can gel
some of 11 11 ,s the owners under control My lasl lh1ng ,s lhal regard01g cleanup and oog wasle or dog
poop I would JUSI like to lh,s sounds ternllle I would JUSI hke to shool the people lhal do Iha! I mean. lhese
parks are and I mean even al Canine Corral the owners Just feel lll<e, 11 s their back yard so lel s 1ust leave lhe
droppings This 1s a co0 stant lh1ng lhal Englewood Unleashed 1s p~sh1ng we want bag dispensers and we talk
lo lhe people I lh1nk 11 ,s JUSI like knocking on a wall there 1s 1us1 no response from the o..,ners I'm sorry lo say
the dogs aren't the problem a IOI of 1,mes 11 ,s rhe owners I lh ank you for lh1s lime lo speak and ag~1n I
apolog,10 ii lhcre 1s anything lhal we could ever do. please lei us know because I would never want any child
or adull lerro11zed by a dog 01 dogs ,n a park Thank you
Mayor Woodward said thank you
(C) Jerry Furman. an Englewood resident sa,d !hank you and I live al lhe Ma'1<s Apartments rhere
is some land ngl,1 by the, ·arks Apanmenls and I believe 11 IS parl of the C11y of Cnglewood and part of the
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Marks There arc holes ,n lha l grass area and l h~re ,s c1 bus slop ng hl ther ~ and I keep lnpp,ng over ,1 and a lot
of people are lnpp,ng over II Can't we pul dirt in those holes? If old people (r,p over •hose holes they would
break bones because I have been hu rl ing myself walking through !here and there are more holes tam gelling
tired of tnpp,ng over !hose holes
Englewood City Council June 1, 2009 Page 6 Mayor Woodward sa,d lhank you (di Rhonda Ka ,,es a llmeton resident said I am here with Englewood Unleashed and as Km sa,d we are here to thank you for lh9 CM Cook-off support that you gave us I iust wanted to reiterate 1hat. as my rwo associates have said I iust feel awful about what happened to you there But I would like to remind Council that I have been attacked I have two Great Pyrunees and I have been altacked by dogs walking 1n neighborhoods In Loltleton And this was JUSI something that happens. not only 1n parks and 11 os somelh1ng that we al' have to be aware of and reach our chddren how to deal with th,s t am a member of the Board and be,ng a member of the Board of Englewood Unleashed, mean~ that you p,cl( up dog poop And you
remind people to pul their animals on a leash and we accept a tot of comments for doing that When we have
monthly pickups at Jason Park and also Canine Corral, and the people who don't, who aren't members of
Englewood Unleashed , don't really know what we are doing there I !honk sometimes they look at us as if we
are members of the City that a,e there ptel11ng up And they don't n~santy partoc,pate and help us even when
asked And when we have brunches and we promote Englewood Unleashed, our dues a, ~ 15 CO a year
and we ask people 1f they are members or 11 they would hke to become members and then e aon what we are
doing there with the brunches and dog cleanups. and they say, well the City does that a 1y no lhe City
doesn't do It We are a membership organlzabon and we help support the Pa'11s and kee:. .. neallhy and clean
They are iust so surpnsed, they can I believe rt We have rules and understandings abol·: ,lOW we r , n help
promote ourselves in retatoonshop with the City of Englewood And I think that rt Is very c,,r,Ming fo, 1 lot of
owners there And ,n addition 10 the things lha1 Kim has suggested and Je~n. perhaps a wi,, 011 mo,e sognage
of support that the City of Englewood supprts the membership organlza11on or Englewoou ,..,, eas~~d and
encourages you to partlcopale or to do whatr-ver yoo like Perhaps we need lo have more of .i~ nr~.,
partnership with the C11y in Slgnage to help people to learn that rt 1sn t the Crty. rt Isn't someone e1se s
responSJblhty rt 1s our respons1bllity those of us who ~ave dogs and wish to avail themselves or the g,ns that
Englewood Unleashed has given us Thank you
Mayor Woodward said thank you
(e) Jim Brown. a Oenve< ,t?Stden~ satd good evemng and my sub1ect is graff1b and removal
thereof I am the owner of a b!J1ldong and a partial owne< and manager or a second building 1n Englewood
These two buildings are end-lo-end and run between Tejon and Raritan on the other end . We occupy the south
side of an alley and the north side of l he alley 1s also built up with warehouses from Tejon to Raritan Between
the two complexes and wa,,•oouses l.1 an alley lhal 1s unpaved. unlighted and has been that way tor ever s,nce
"e have been there S,nc~ trovember of last year, we have been tagged and I cant keep track. rt ,s ellhe, 3 or
• hmes and then we reoe1vcd a posted notice, which I guess you are an aware of I guess my statement ,s that
as a building owner, 11 ,s rather onerous ,n general and spec1hcally the three day llmll ls extremely onerous On
lh1s c1lalion was sent lo me by reg istered mail back on 516 and we didn't get the graffiti removed unti l Tuesday
after Memorial Day that ts more toke three weeks Now 1n defense, I wo111d 111.e to read here, 11 says all property
faced with g1alfrt1 winch IS visible to th~ publoc YM!w is hereby declared to be a public nu1Sance anr< shall be
deemed unlawful There 1s no way to see this grafl,11 on this alley from Raritan 01 from Tejon yo, ,'JS! couldnl
see 1t It was done on the alley and on the back. or the building In my opinion, ,t was not a public nuisance bul I
was so cited and since 11 d idn't gel removed In three days, last Tuesday I was cited and will go to court on
Wednesday to answer to both bu11d 1ngs And, I guess what I am here to ask 1s ,t Council would maybe take a
look at this ord,nance or law whichever II happens to be. and try to tn,nk ~1 the s11uat,on or the owner or the
building who may or may not occupy the b!Jold1ng They are on the busm<:~. other 1nan g,affib removal A.·.J
perhaps there os a better way to handle 11 than lh1s I have. and I guess you all aware of this, quarte~y we gel
the water and sewer and storm sewer bill and several years ago and I can't 1011 you how many, probably 20 I
believe the City lnst11uted the bid we put 1n. currently It Is about $40 00 a quan, ,r 2 buildings so that IS S80 00 a
quarter and this ,s to replace concrete when It breaks on the cuib and gutter o tar, we haven't had that I
can tel. any curb and gutter breakage and consequently 11 has not been used I d sume that 1f that ev£r occurs
and I don't know why 11 would. the Coty 1s going to come ool and rr ice 1t with thes. '· And I said to
myself, why couldn't they do somewhat of a slm1lar sltualion tor , removal? And there ,s some precedent
for that because this goes on to say that the C11y at It's opt,on, c., ·e the nuisance at yoor expense It
basocally sa fS that the City will come 001 and remove the graffiti ar us As lar as I am concerned that
would be wondertul ,t they would do tt,a1 I would pay lhat bolt nght r, .v because t am goon,g 10 pay a boll 10 whc
look rt otf last Wednesday and I assume the Coty s bill would be lair and equitable which means that t~ey
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Englewood City Council June 1, 2009 Pago 7 al,eady nave some prov1s,ons to, taking grall,t, off of bu,ld,ngs Denver does dO 1h,s Tney go out ano ,t yoc ca1 !hem about graff,t1 1hey come out and take ,1 off your llu1ld1ng Englewood ,sn t Denver but square foot o• wall to square foot of taggers I would ,mag,ne. ,s aboul lhe same I would like you to cc,ns1der building something of thal nature or do something else perhaps but I lee, 11 1s onerous on building owners m Englewood to have Just th16e days I am a v1ct1m and three <fays late,. I am a law breaker Thank you for hslernng Mayor Woodward said !hank you 111 RICI< G,;111 an Englewood resident, said good even,n~ Counctl I have a coupie of lh1ngs
lhal I •1ould hke to ialk about 1omgh1 I will be bnef w11h bolh Back on May 4 ', dunng C,ty Counc~ !here were
son,. ordinances or resolulK>11s that were approved for money Im always up for 1mpro,,ng the City The
quesllon I had is a couple of the items I was h0p1n9 lhal thrs Counat v,ould al east quest1011 some of these
Director Fonda presented an ,ssue •ega1d1ng sewe1 taps and he presented a ~-'• 1netease on that fee New one
questoon about would 10% work? Do we 1ea11y need 50%. could we do 11 a htlle cl'eaper? I was a hnle taken
aback that there was no quesbon,ng You know 111us1 seems like he asked Santa for a g,fl and Sanld gave rt
The second thong was, I believe the emergency ambulance I am an IOI' 1he police hav,ng good equipment and
for the Fire Depanmenl and med, and I am sure that we will need sorneth,r.g But as I was s,11,ng here as a
c,t,zen. I wanted somebody up there to say could we wait a year, could we wait two years? They said that 1he
equipment was running, but II was at a cena1n age I wo1;ld hope that as a citizen I could trusl mv Councilman
to at least you know of they are go,ng 10 spend money, ask Can we go can we wait a yoar, can we wait two
yea1s? Right now we are kind of hght on the budge t Is 11 broken down? Do we need to replace 11 now? Why
were !here no questions or that. Once again, maybe that was lhe rig ht thing to do, but for a c,toze~. 11 iust kind of
hurt. because I have had to cut my budget back As a bus iness owner am having to cut back th ings ,n my
own business and I see olher people in our City hav,ng to do that It iust seems that anybOdy that goes 10 you
guys and asks for money 11 Just seems like 111s given I went back through the minutes to see 11 I could find any
m11,u:es where you said no to somebody asking for money and I could noi find ,t Maybe the1e 1s but I could not
fond I I uould 1ust ask that would be somewhat conservatwe 0< at least ask you know can we do a little brt
ICs,: Dec.ause I was at that budget meeting Where ,ve talked about making budget cuts So. I would JUSI ask you
do that The second nem and rt IS perfect t,m,ng IS I li•e at l!PJ!eview Pan< And I happen to be the proud
owner of the home where everybody with a dog has to walk by to go to the park And I can tell you that there ,s
a scnous ,ssue with dogs off the leash I have had to chase dogs off my own propeny the dogs coming by uy
10 atlack my dogs uy to 1ump the fence to get my dogs And the owners are 1ust doing their own thong I see
people as soon as they get ou1 of the11 car and 1here are on Whitaker the11 dogs ar~ ;,ff and I've seen ch1ld1en
terroficd, I've had lo deal with 11 on my own We have a g real dog park !here that I have taken some of m1 dogs
to Can we al leas! say, II you are going through that park keep a leash on lhere or ,1 your dog ,s the tyoe or
dogs lh311s going to run away from you, maybe you should keep them leashed, because there Is a serious
issue Especially now thal 11 ,s summer 111110, everyday there 1s an issue It stalls at my house at about s,x
o'clock In the mormng when the dogs walking by my house even bark at my dogs So ,1 1s 1ust an issue II we
think 11 ,snot an issue let the people from Eng lewood Unleashed hear Just an interesting commeni to me. I
dtdn I hear any of tiem lhal loved 1n Englewood but maybe there are some or the members who actually bve in
Englewood that run the place But when we would consider lhOse 1Ssues I would hate to see the Coty 1n a
tawsu,1 because we tned to be overly fnendly to the dogs I have dogs I love my dogs they are my kits But
there IS a ca,e I have for other people and I hke my dogs a tot more than I like yours So t am SUie 1ha1 olher
people who walk through Ille pa11t think the unleashed were being brase enough 10 come up and 1alk lo you but
I also thank Englewood Unleashed for com,ng and talk ng 10 them But lhere 1s an ,ssuc and I hOpe you can
help us Thank you
Mayor Woodward said thank you
(g) Malea Jones sa,d whe~ -.0 wcrl' at a park one hme. this dog came up to my grandma
and my s1s1er and ,1 stalled growling at my Grammy a, 1d !hen 11 sla~/Jd chasing my sister ar,d lhe~ ,1 was
9rowl1n9 at her alter 11 was chas,ng her And one day when I was throwing my plate away, I stoppod 1n dog
poop and 11 grossed me ou t and was gagging n1on one day there was a whole dog when I was climbing on the
sl,d o. and 11 ran by the slide where I was af ond then the dog ran 1n lte field where ,ts owner wos And then
1hc1e v.as another dog that was lhere and he chmood on lhe playground r,, his ownor tola him, bu! I was on lhe
playQrouna 100 n9ht nexi 10 the dog Jnd lhc dog w,1!>.1 d r,ght by me when my s,stP1S wPre hy mn one ,s 2 and
Englewood City Council Juno 1, 2009 Page 8 one Is 3 and I am 5 ond lhe dog walked ngh1 by us on the playground And then I 901 off the pli119rouno and lhen aller that another dog came by and 11 was growling and lhcn he was look1119 at me funny and lhen he chased me and I went on the merry-go-round and he was running around l he merry go-round And then my sisters were on the merry-go-round and lhen 1he dog ran back by the shde and he kepi runn,ng and !~en he stopped r•ght at the slide at the very end c,f shd,ng and lhen I was sliding down lhe slide that he j1JS! stopped a1 and he v.ouldn t move when I slided dOWn at lhe very end he was sW! there Thank you Mayor Woodward sa id lhank you Malea I appreciate and we all aoprec1ale 11 and thank you ror coming to,ward That Is a very brave thing for a young person like you, so thank you very much for com ing to see us lo nighl and
telling us your story Thank you Severa Counci l Members also said thank you
(h) Sophia Jones said a dog staned chas,ng me and 91O.vled at my grandma I was at th~
slide and me and my sIsler slided down and lhe dog wouldn t go away Thank you
Mayor Woodward said lhank you for co ming tonight Several Cou ncil Members also said thank you
(1) Matlhew Crabtree an EnglewoOd resident said you know I nOfmaUy don t l•ke lo gel
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mto debates and on the reco,d here with Councrl. on comments that were made at preVIOus meetings and I
see Bob rolling h,s eyes there . but thats alright The comments at the last Counco meeting though, from a
specific Council member, were co,,cermng e,ough lhal I felt lhal II was 1ust lo respond to II today
Representative govern me nt 11 Is ac1 ually humorous lhat the queshon that I raised a few Council's ago about
represen1alIve government 1n the City of Eng lewood and 1f there 1s, what happened lo that representative
government was I think. m1smterpreted Th•s particular Council member went to great depth e~pla1mng how
there was a representabve govemmenl 1n the C,ty of Englewood and lhal you were all elected seven duly
eiecled members of this community 10 serve , ..,,, he also staled that the only reason why I asked that quesbon
was because a piece of paper w1lh 40 signature .. on 1i was ignored He•e Is the correction F1tst or all 1f you •
have read lh al there wore 40 sign atures on a piece or paper as king for change I took that as 1gnor1ng First
of all. lhat Is not the only reason why I asked lhat quesho" Over the last two years atlend1ng nearly every
single Council meehng 11me and ume again the C!ly Council has been interested 1n a lot or their own issues and
not ~s1en1ng to the people of this rommunIty As a correcllon over this pelltton and that 1s What I'm gov,g to talk
about 1h15 pa,llcular Councd member named that as a piece of paper but to me 11 1s far more mpo,tant rt IS a
pet11Ion The way the people or this community can enact change and request change of their elected officials
II Is not Just a piece of paper There were 57 signa1ures o n th ere Now 1r you think back lo when each or you
start ed your process 10 become elected, there was a piece of paper that you had to circul ate Tha l piece of
paper was a petition lhal had 50 signatures on that That was enough to get you on the ballot Yet when 11
comes do"'" to an issue that was important lo a large group of people ,n the City 57 people IS a large
group that 1s igno,ed So . anolher lh,ng I would like to respond to real fast 1s another comment made where 11
was slated that I have altended every meel!ng and thal 11 was a surprise when I didn't know the processes look
a tel longer than they do You know, lh1s part cular sItuatJOn, I will bring up really last This has to do with
Nahonal Nig ht Oul 1nvest1ga1mg why lhe Nat,onal Nigh t Out Program ha s diminished In popularity so much
over the last fe w years atter Nancy Peterson left And 11 has lo do with plaques A lot of people wanted to see
them up 1n thts community and m 1/'!e C1tyCente, here The person thal ong1nally brought thlS issue to
you brOughl m the problem and lh<. solut!Oll Couool didn I hi1Ve to lake tome to go into Study SeSSIOfl lo
discuss this didn't have to make thew own dec1sK>n on 11 It was already decided by 57 people that signed a
petIhon a very important documenl So, lhe fact that nothing was done 11 Is concerning But 1n summary
here represen1a tIve government Is something that each and every member of l h1s com munity deserves and,
unfortunately I m kind of al a loss !or words here right now, bul unfortunately. over the last two years I h3ven·1
seen a whole lol of represcntat,on I ask Council, al what pomt does the ciuzen between lhe citizen becorn,ng a
Counal mrmbef. at what po,nt does that Council member lh.,k they are more impo,tant than the people that
helped elect them? And I see this t,me anel time again 1 ·ve talked to other pecple in different C!lies and that
level of representation Is lost So. I thank you for your ume Thank you
Mayor Woodward said thank you •
Ol MJ1ty Mossman an Eng~ .. LJd res<dcnt sa,d I don I attend eveiy Counol mee~ng bu•
every o,,e that I have ever been 10 Ne keep staying o~ ihe subiect ol National Ni!Jhl Out plaques and things of
• Englewood City Council June 1, 2009 Page 9 lhat sort And I believe In freedom of speech and people speaking up also, bul I have a hllle problem with being told that 57 107 or whalever number, represents me and about 35 000 other people I Just don't find that to be credib le And yes those people did tak e the time to sign a ;>ehl1on am1 have meetings and go over all these issues that are co ncern,ng lo you And ,I 11 Is a conc ern I woul6 ag ree we all t1ave concerns Bui you want 10 ask why Naltonal Nig ht Out, Neighborhood Walch and anylh,ng ,sn·t hke 11 used lo be, because everylhmg is different than ,1 used to be I have been a member of Neighborhood Watch for so many years, I hate to tell you And I was there when those awards were given and 11 ,.,as a great momen t those were moments The operative word Is were and was II 1s t,me lo move on I have here the announcement for the next Neighborhood Watch meeting I would think that would be a good olace for people to go and neighbors could
go, people to go to ge l other peop le lo go That ,s the only way that ,s gomg 10 be different And 11 isn't rust
Council's s1tuahon 10 represent the c,t,zens We all need to step up too You know, ii ha s always been my
belief that decisions and e·1eryth1ng that are made and abided by, go by the prem,se that II is the best thing fo r
the greater number of people I don't always see that when people are wanting their own way only and yes their
feehngs are legihmate. but so are other feehngs I quite frankly don't know whether to feel sorry for people who
are stuck ,n the past or at this point. Just feel disgusted. So, there are so many thongs In our commumty to be
done an " they can be done mstead of dwelling on what was. I worked very closely with Nancy ?eterson and all
these people are saying, 11 Is not about the person. ,t ,s about the deal Well ,t has become about the person
anrt the deal . I don't know if Nancy knows what's going on. but I feel kind or bad that something she did and
w,t:, good wNk and ,n good faith, is being used as not so good anymore It ,s just kind of disgusting after
awh ile I WuJ ld li~e 10 ,nv,Ie anyone here and anyone you know who wan ls to come I broughl some nolices for
Neighborhood Watch and I would like everyone to know that everybody is welcome You can't Judge something
ir you don't know about 11 And to constantly cntIcIze people who are rea lly out there trying to do things, I don't
:i,;nk that ,s qu,te fair either. Would II be nght 10 have more petitrons going around? I don't know about
everybody, but boy. I don 't have time to do petitions There are dog issues lo worry about There are kids to be
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read to . There are elderly and disabled people to be tendeo to . There ,s trash to be picked up. There rs so
much to do ,n our commumty And fran kly, not a lot of people show up for things hut times are tough If they
know about things and they feel welcome , I think they will eventually and I thin k they really shou ld Tha• ,, all I
have to say and thank you very much. And I would invite everyone you know to co me to Neighborhood •:,atch
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In fact, I will pass these arouno ,,r put them rrghl here on the table I am not JUSI pick ing on you I •••!'v · ,,,d 0•
have a problem knowing what these issues are I am listening , bu t I'm not getting ii, okay? So an ywa·. • , ,r,
you
Mayor Woodward sa,d thank you very much Marty
8 Communications, Proclamations and Appointments
There were no commun,cations, proclamations or appointments
9 Consent Agenda
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMB ER WI LSON SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 9 (a) (I), and 9 (b) (I).
(al Approval of Ordinances on First Read ing
(1) COUNC IL BILL NO 27, INTRODUCED BY COU NCIL MEMBER iORE
A BILL FOR AN ORDI NAN CE AUTHOR IZI NG TH E ACCEPTANCE OF A VICTIM ASSISTAN<"F LAW
ENFORCEMENT (VA LE ) GRANT FROM THE VICT IM ASSISTANCE LAW ENFORCEMEN T )ARD OF THE
18 11
' JUDICIAL DIS rRICT
(b) Approval of Ordinan ces on Second Reading
(1) ORDINANCE NO 21 SERIES or 2009 (CO UNCIL BILL NO 22 , INTR ODUCED BY
CO UNCIL MEMBER WILSON)
Englewood City Council Juno 1, 2009 Pago 10 AN ORDINANCE APPROVING ANO AUTHORIZING THE EXECUTION or THR[E INTERGOVERNMENTAi SUBGRANTEE AGREEMENTS ,CDBG) FOR THE YEAR 2009 BElW!:EN THE ARAPAHO( BOARD OF COUNTY COMMISSIONERS AND THF CITY OF ENGLEWOOD COLORADO Voto results: f\ •011on camed Ayes Council Members Penn McCashn Moore Wooo,.artl Jefferson Wilson Oakley Nays None
(c) Resoluuons and Mot10ns
Tn£re v.ere no add1I10nal resotut,ons or mot,ons submitted for approval on second reading tSee Agenda Item
11 )
10 Public Hearing Items
No public hearing was scheduled before Council
11 Ordinances, RosolJtion and Molions
(a) Approval or Ordinances on Fwst Reading
(1) Housing Finance Spec,ahst G11mmell presented D recommendancn from the
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Community Development Department to ddopt a bill for an ordinance authonz1ng an Intergovernmental
Ag,eemenl between the Coty of Engle,..ood and Arapahoe County for C?mmuntty Develop"ll!nt Block Gran! and •
HOME Investment Partnership programs for 2010 through 2012 She said I am here lhts evening to ask Counc,I
to consider approval or lhree 1n terg~vernmcn tal agreements w,th Arapahoe County lor panicIpatIon In the
Community Development Block Granl and the HOME Investment Partnership programs for grant fundrng years
of 2010 through 2012 Arapahoe County was designated as"" Urban County whlCh entitles lhem to rece,,e
fsnd1ng from HUD for those two programs spec1hcally lhe COBG Program and the HOME Program These
programs fund our low and mocerale income housing prog rams they do mfrastruclure In the Ctly publrc
lactht es and 01her seMCes and a,e used to eradocale commun ly bhght ,n any areas dc:.ognated The County is
In the proces, uf re-quahly,ng aga,n as an Urban County for the years 2010 through 2012 and each communI1y
within the County's 1u11sd1ct1on must agree to participate In therr program The new !GA must be authorrzed
speci!,cally lor those fundrng years S,nce 1992, when thP County became an U1ban County. lhe City has
recerved almost 3 m!l,on dOllars In funding trom lhe COBG and HOME p,.igrams They nave been vt:ry
valuable In supporting the programs ol our Communil) Development Department Tho author•zalIon ot lh1s IGA
writ conlmue for lhe Crty lo receive Its share for future years aga,n 2010 through 2012 So stafl recommends
that Council please adapt and aulhori,e lhe part,c,pal,on of th,s IGA for the next three year r,ogram S.ie asked
,f there were any questions
COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL Ml:MBER PENN SECONDED , TO APPROVE
AGENDA ITEM 11 l•I (11 • COUNCIL BILL NO. 23.
COUNCIL BILL NO 23 IN TRODUC[ D BY COUNCIL MEMBEH J[Ff [RSON
A BILL FOR AN ORDINANCE APPROVING ANO AUTHORIZING, THRfE YE:AR INTEROOVERNMll, fAL
COOPERAT ION AGRE[MENT BETWEEN ARAPAHOE COUNTY, COLORADO AND THE CITY OF
ENGLEWOOD . COLORADO RELA 1 ING TO THE CONDUCT OF COMMUNITY DEVELOPMl:NT BLOCK
GRANT (CDBG) AND HOME INVESTMENT P' !TNERSHIP (HOME) PROGRAMS FOR PROGRAM GRANT
YEARS 2010 fHROt:GH 7012
M.1yo• Woodward as~ed I tnere Na, any drscussron •
• Englowood City Councol June 1, 2009 Pago 11 Mdyor Woodward said I Just .oant to n,cnt,on lh,it t111s ,s a Comm un ·. Deve lOpment Bloc k Gr ant and the HOME funds are ,eally ,mportant The Federal F ;nd, tllal co me 10 us the\ come 10 JS w1thoot a match from lhe City ThiS 1s money we pay through our rncome l a, We a,e paying for 11 so 11 rs not free money We have utilized 11 well ,n lhe pas1 since 1992 almost 3 mrltron oo llars has g one 1n10 o_,r comm unity I think that rs very pos1trve far as l1ousm9 stock and improvements lo tho co mmun,ty Mayor Woodward asked ,I there were any othor comments Council Mcmbe1 Wilson sad I would 1usI J,ke 10 say that I know Jane: wor,s very hard ,n lhe se prOJeciS so
thank you Ms Gnmn,ell sa,d thank you
Vote results :
Mouoo car, ,ed
Ayes Couw I M~rrbel's Penn McCaslon Moore Woodward Jefferson
W1lso Oakley
Nays None
(11 ) Planner Voborrl presented a recommendalion from the Community Development
Department and the Englewood Planning and Zon,ng Comm,ss1on lo adop.! a bill for an ordinance amending
Tille 16 Unified Developmen1 Code perta rn1ng to Medica l Zone and Overlay 01s lr1ct And stall further requests
1h01 Council s0 I a Public Hearing lor July 6 2009 10 gather public input on lh1s ,ssuc I to said the Med ical Zone
and Overlay District amendments lo Title t 6 are a key 1mplementa1Jon strategy for the Eng lewood Downtown
and Medical Districts Small Alea Plan wh•ch was adopted by Council In the spring of 2007 The purpose of !he
Medical Zone and Overlay D,slrrct amendments 1s to promote economic and community d.lvetopment w1lhm the
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hospital area The Medical Zone and Overlay D1stro<:t amendments "ere created and des,gned 10 foster l\osp1tal
expans,on. to attract new supporting med1cat uses to attract new pcdestnan onented ne,ghbothOOd and hosptla l
se1W19 retail uses and to alJow for supportrng uses such as hOtels a'ld for htgh density residential USO$ as wel
The key attributes of Ille Medteal Zone and Ove~ay D1str1Ct amendments 111Clude the fotlow,ng greater setback
flex,bohly greater he,ght alowances for select port,ons of the Medica DosJnct, while al the same bme protechng
the residential areas to the north and tile east and the SOtJlh Also. tne ehmmauon of d1scnm1nat01y regulaI10ns
against smaU PIOJCCIS oo smaU lots. increases '" allowable restdenbal densities. urban commerc,al style
landscaping standards add~.an of hOtels added to Jhe hst of allowable uses expanding refaol uses to a,eas to
the !:Oillh of the or,gmal h1stoncal business drslrrct stretchmg down to US 285 while at the same hme
control hng tho s11e and layout for the pedestnan onented development standards and fin ally , the prevenI,on of
new au lomob1le uses from localing w11h1n the area The Medical Zone Districts and the Overlay D1stncts include
two now zoning districts and two new ovorlay d1s1ncts The zoning d1strrcts are known as the M• I a11d the M-2
Zoning 01stncts and the difference between the two d1stncts Is that the M-2 D1slnct will allow for tho small sca le
retail uses. while the M-1 01slrrct does not And what lh1s does ,s 11 allows the Coty to confin e 1he retail uses 10
appropriate locatoons along the corridor as well as south of the comdor, between Logan and Emerson Street
siretch,ng to 285 whlfe preventing the encroachment of retail uses to the north towards Girard Asenue And
then we have two Overlay D1stncts The l1rsl one ,s called M0-1 and that includes the hospital properties that
are i ust north of Gorard Avenue between Pearl Street and the alle) b<.!tween Clarkson and Emerson Streets
rh,s overlay dostnct does not change the uoderty,ng zoo1ng ,n terms of densny he,ght or land use bot \\hat ,t
does JS that It allows the hospitals to devetop w,th greater flexlblhty v. th lheor setbacks sm,tar to the M t and M-
2 Lone Dostrocts And m Ille second overlay d,stnet rs the M0 -2 O.strc:t and that dosto,ct covers tho f,rst
res,oentoal lot fUSI south of the ex,stmg h1st01,cal old Hampden co<rtdor between Emerson Street and lhe
Ma11anllafayelle aneyway And what that docs ,s 1t creates a trans,honary zone between the restdent,al port,on
of the ne,ghbor to the south and th<> exis1rnq old Hampden comdor It allows for some help and assistance 101
development for pmpert1es along the old Hampden comdor where 11 pmvldes an expans ion area for parking as
well as expansion area for the bu il ding foo tpnnt for rcstdenhat or olfrce uses But, 1t reduces the 1ntens11y that
can occur 1n lhat area , bringing down the height to 32 feet, which 1s the exact same height restrtcl1on thm the R
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2B D1st11c1 that 11,e soulil has So II cro,1 1cs a noce trans111on zone through the ne1ghborho0d and the business
comdo 1 And 1n conclus10n I w01,ld ,usI hke 10 say lhOt lhc adophon of the Medical Zone and Overlay D1st11cI
,uncMmrnts w,11 help 10 support Coty Co w1 .. 1I s goal ol fostenng ecnnomoc deve<o pment w1lh1n tho City
Englewood City Council Juno 1, 2009 Page 12 CounCJI Membef McCashn sad nol a questJon I Just want 10 comment How many meet.ngs did you have arrogethrr wtlh cI1tiens and galhenng input? Mr Vobo ~ satd we staned our process on the fall of 2006 and I beheve al thal rtme we had a senes or lhree d1tte,enI stakehOlders meellngs And we had qu,te a number of meeungs each ume al ddlerenl tomes and locauons , 10 gel as many people lo lhose meelings as poss,ble And then after some more of the plan was developed lllen over the nexl year and a hall, we worked very closely wolh Ihe Planning Comm1Ss10n and ran aboul a hall dozen meelings with Ihe Planning Comm1ss,on to go over lhese in very greal detail And lhen once we were sahsf1ed w1Ih that process we dl!Clded 10 bnng these back to Iha slakeholders aga,n and we senl oul ma,lrngs to S.000 people III the d1Slnct and lhe surrounding area as
well And so we had another sel of stakeholders meelongs and 11 was ve ry well received al lhose And we also
had meeltngs w1lh the hospitals, as well and lhey were very pleased wilh rt as well
Council Member McCasl,n said you know, I a11ended a few or lhe meeIings and lhey were well allended I
appreetate d The people who say l hat lhey don I t,,ave an InpuI ,n govemmenl, lhls was a greaI opportumly
You know, I saw the people showing up and lhere was no way lhal people could say , I dHJn't know aboul
rt Ihey hao their head In lhe sand or somelhlng, bec,use It was well altended and I think lhe people have got
10 be proud of 1t. you know, of the ,npul they had ,n thts I want to lhank you for an the meebngs which you guys
held I apprec,ale ,1 Thank you Mr Vobonl said thank you
COU NCIL MEMBER McCASLIN MOVED, ANO COUNCIL MEMBER WILSON SECONDED , TO APPROVE
AGENDA ITEM 11 M {II)· COUNCIL BILL NO. 25 ANO TO SET A PUBLIC HEARIN G DATE OF
JU LY 6, 2009.
COUNCIL BIU NO 25. INTRODUCED BY COUNCIL MEMBER McCASLIN
A BILL FOR AN ORDINANCE AMENDING nne 16. OF THE ENGLEWOOD MUNICIPAL CODE 2000
PERTAINING TO THE llNIFIED DEVELOPMENT CODE 2008 CREATING A NEW MEDICAL ZONE
Mayor Woodward as,~.: .. there was any d1scus$1011l or comments
Counc,I Member Penn sa,d I think this ,s anolher way for people 10 come 1n wllh the PubiJC Heanng and they
have a chance tv vo,ce theor op,noon John. I think you guys have done a great Job or gettmg out lo the cdIzens,
letting the stakeholders know what we are doing and what we are try,ng to do over there I've Iall<ed 10 many
businesses ~long that comdor and they are all reany excited aboul lhos Thank you fo, your effort Mr Vobonl
said thank you
Mayo, Woodward sa,d and I would also ltke to second what Bob and Randy have said I remember this going
back to the June 20"' Study Sessoon of 2006 and the presentations and the wor k that you did on 11 and then the
meetings The meetings. as Bob said, were really well attended and there were lots or questoons. the,e were
recommendattons and I lhtnk those were very well conSldered and pul onto and taken Into cons1deral1on
Stakeholders, all stakeholders 1/lcludtng the hosp,ta ls, the c,tizens, the businesses, really had input ,n th,s and I
want to thank you tor all the really hard work, or Pia nn,ng and Zomng and staff of Community Development and
espec,ally you , John I know thal you have put a lot or work 11110 th,s and 11 really shows in the documentation
and stuff and the Study Sessoons that we have had I also want to meni,on that al the Plann,ng and Zonmg
Heanng, !here was ono person lhat showed up to recommend passage of this Plan winch 11 did pass
unanimously and lhal person did menhon and discussed how they really enJoyed that isn't lhe nghl word,
but they were really proud of the process that d took and hopefully we will see mo,e of these com1119
Mayor WoodWard aSked ,r there were any other comments There were none
Vote results :
MoI,on earned
Ayes
Nays
Council Members Penn McCasltn. Moore, Woodward . Jefferson,
w ,1son Oakley
None
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En glew ood City Co uncil June 1, 2009 Pag e 13 (111) Planner Vobonl presenled a recommenda tion fro m :nr Community Develop ment Departme nt 10 adopt a bill for an ord in an ce appro ving an am endme nt to th e G11 1 f Englewood 's Official Zoning Map 10 rezone portions of the Med ical D1stncl area He said I am here 1on1gh1 to seek Counc 1t support tor an adoption o' a bi ll for an ordinance lo amend the Offic ial Zoning map 10 reset portions for th e Medical D1s tncl to M-1 and M-2 Mi xed use Med ical Districts and to establish are as 1n which MO-1 .1n d MO -2 Med ,cal Overlay D1stn cts regulations apply I wou ld also li ke to recommend th at Coty Council sel J h 1hhc Hea ring dale of July 6, 2009 1n order to gather public tesllmony on th i< bill The amendment lo of11coally rezone lhe medical port ion of the Med ica l D1 stnc t 1s a ~ey 1mplemental1on strategy ,n support of the Eny leY. •od Uo wnt own Medical Dlstncl Small Area Plan , whic ~ wa s app roved by Counc il 1n the sp nn g of 200 7 T',~ purpose of the amendment to
rezone portion s of the medlca , district, to chan ge the omc,al zoning map 1s to estab lish bounda nes for the new
Medical Zo ne and Over lay D1stnct regulations The key a1t r1 butes of lhe new zone dislncts and the overlay
d1stnct s in clude the foll owing key po ints (1) The new zone d1sl ncts separate a eas slated for change from the
predominately s1ngle -fam 1ly areas where stake hol de rs do not want to see s1gnof1can1 cl ,ange . (2) The new zone
ais 111cls expand the areas 1n wh ich retail uses are allow ed , beyond the old Hampden Cl'fndor lo include some
key future propert ies that are along the highway between Logan and Em erson Street (,;) The new overlay
d1stncts es•abhsh lrans1l1onal areas be 1Wee n the new Medi cal Zone d1s 1ncts and the predom1nate1>' residential
ne1ghhnrh • •d• The M-1 Zone Dist ncl includes the main hosp ita l campus areas 11 stretches from '.ogan to
Lar~yet•~ Slid~: Jnd generally north ward from the ex isting old Ha mpde n busines s corridor to Giram Avenue It
also includes a portion sou th of the highway , between Pennsy lvania and Clarkson and the reason why th is area
was also incl uded 1s beca use this area was not deemed to be suitable for re tail businesses , beca•,se of the poor
acce ss. The M-2 Zone D1stricl includes the h1stonca l old Hampden business corrid or, as ,•:A :I :;s areas south of
that corrido r between Logan ond Emerson Stree t stretch in g to the highway II also includes the port ion of lhe
area south of the hig hway . between Logan and Pen ns ylvan ia Street , as well as the soulhwesl corner of
Clar kson and 285 And those areas wo uld allow sma ll re tail uses The MO -1 Ove rlay D1slncl. .. that area covers
the area just north of the hospita ls, north of Girard Avenue .. the ho sp ita l owned propertie s betwe~n Peart and
the Clarkson/Emerson Street alle y The M0-2 Overlay Dis tric t, once again , that cover~ the first res1dent1at lot
1mmed1a1e 1v adJacent lo the old Hampden bus in ess corridor, betwee n Emerson Street and the Mano n/Lafayette
alleyway . In conclus1011 , I would ,~st like 10 say that the adopt,on of th e amendment to the Offi cial Zoning Map to
rezone po rtions ol the Medical D1st nc t will help support Council 's goal of fos tering economic development in the
City
Mayor Wood ward said I hank you John
COUNCIL MEMBER McCASLIN MOVED , ANO COUNCIL MEMB ER PENN SEC OND ED, TO APPROVE
AG ENDA ITEM 11 (a) (lit) -COUNC IL BILL NO . 26 AND TO SE T A PUBLIC HEARING DATE OF JU LY 6,
2009.
CO UN CIL BILL NO 26 INTRODUCED BY COU NCIL MEMB ER McCASLIN
A BILL FOR AN ORD INANCE AMENDING TH E "OFFIC IAL ZONE DIS TR ICT MAP " OF THE CITY OF
ENG LE WOOD, CO LORADO
Mayor Wood ward asked of there were any comments or discussion
Co uncil Member Wi lson said I am very imp ressed because I think you have memorized thi s Very good
Mayor Woodward sa,d I would iust hk e to say , thank yo u John . again You have done a great 10b on th is
Mayor Wood wa rd said 1f th ere ,s no funher d1 scus s1on pl ease vote
Voto res ults :
Ayes
Nays
Moti on car, ed
Counc,t Me mbers Penn, McCashn . Moore . Woodwa rd , Jefferson,
Wilson . Oakley
None
Englewood City Council June 1, 2009 Page 14 (1v) Operations Supenntend ent McCormick presented a recommendation from the Ut 1ht1es Oepanment and Water and Sewer Board to adopt a bill for an ordinance approving a License Agree ment and Grant of Temporary Construction Easement for a turn-out gate 1n Englewood's City Ditch easement at 2890 S Clarkson Street This is an on-going property that has piobably been going on for lour or f,ve years because there has been a tremendous amount of remodeling or the property relocating the City ditch. bulidlOQ retaining walls a10ng the Ctty ditch They have one more prOJect and that 1s to ungate these IWO actes of proper!y that they have T rymg to get from Denver a year to year water agreemenL They have an old sen10< water nghlS agreement from Denver Water that they cannot get switched to the new property, bu t they can get a year-to-year agreement for water usage at this property from Denver Water Th is new turnout gate sll\Jcture will be
used to now the year-lo-year water rights Denver has the water We have several o ther users along that ditch
that had this wate r They pay us for taking care of the ditch They also pay Denver for the water that they give
them on a year-to-year basis So, we are recommending to Council that you approve th,s license agreement
and temporary construction easemen t
Mayor Woodward asked d there were any quesllof'ls for &ti There were none
COU NCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE
AGENDA ITE M 11 (a) (Iv)• COUNCIL BILL NO. 28 .
COU NCIL BILL NO 28, INTRODUCED BY COUN CI L MEMBER OAKLEY
A BI LL FOR AN ORDI NANCE APPROVI NG A LICENSE-CITY DITCH CROSSING AGREEMENT, AND A
TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO. AND
THE PROPERTY OWNERS BRAY AND ROTBERG
Mayor Woodward asked 11 there was any d1scuss,on There was none
Vote results:
Ayes Council Membefs Penn, Mccaslin, Moore, Woodward , Jellerson.
Wilson, Oakley
Nays None
MC'l1on ca rried
(b) Approval or Ordinances on Second Reading
There were no addrtoonal items submitted ro, approval on second reading (See Agenda llern 9 -Consent
Agenda )
(c) Resolut10ns and Mollons
(1) Mayor Woodward said lh1s Agenda Item Is a recomme ndation from the Department of
Fin ance and Adm,n,s lratlve Services to adopt a resolulion approving a supplementa l appropnation for the
abatement of the property at 3750 South Cherokee Street It Is my understanding and correct me ,r I am
wrong that this Item will be pulled from the Agenda Maybe Lance Sm,th would hke to address this
Chief Bu11d1ng Offictal Sm,th said regarding the prOj)l!rty at 3750 South Cherokee. as you are aware, there was a
gas exptos1C11 and roe destroyed tne property on Apnl 14• We have s,nce been working with Wells Fargo to
abato the property and get 11 demo'd The OMS10n or Wells Fargo that handles thlS ,s called Property Asset
Services They contacted me last Thursday, Apol 28" they had recelYl!d lhe go-ahead to demo the property
They ant1C1pate that it w,11 move real last from this point forward based on their expenence although I do not
have a specmc date or a umehne They said typically ,t moves real quick. but they could not give me a Umelme
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So, we are requesting that the City kind of hold off on any action, secur,ng b•ds l o demo the property, and let the •
process move forward w1lh th e actual owner or the propMy II there are any questions, I w,11 try to answer them
Mayor Woodward said my only question ,s has this been communicated to the neighbors I/lat toad shown the
conce1n? I believe 1t has Mr Smith satd not by the C,ty I did 1atk With the ,nsurance company that went oot
• l!nglowood City Council June 1, 2009 Page 15 and apparently they had talked to the adJacent property ()11,nets as to what lhetl pu!J)OSe was thal they were WO<k1ng 1oward gen,ng lhe s1tua11on resolved and gelling lhe prop~rty demo d Mayor Woodward said okay Mayor Woodward said did we do some1h1ng earlier with them? C11y Manager Sears said we sent a leller oul to lhem. as the Courcli had sa,d lets proceed And al that po1n1 1n time Chief Panarozz1 had sent the leller of explana11on that we were going to proceed to tear that take the house demohsh that proPerty They responded thal they were very pleased that they had gouen a lette, from lhe C11y As Chier Building Oll1c1al Smith said, we will continue to maintain discussions with them as we proceed Ill the peomrttong or I/le demott110n Mayo, Woodward sa,d okay
Cout1e1I Mcmbeo Jefferson said I JUSI want 10 make sure that we mon itor the s11uat1on relatively closely as !hey
have been ,on or absentee In this sltuatoon and I would hale IOf this threat to lt'ma1n 1n th, COfnmun1ty d they
don It•~·• ..,,re or d nght away I guess I am okay tabling I Just want to make sure we monitor the s1tuat10n
noin., IC •sou as I round some of these banks can be p,etty absentee when they are left on then own
Ma,~, WooJ •,ard said okay thank you Lance
(M) Deputy City Manager Flaherty presented a recommenda11on from the City Manager's
Office 10 aiwo,e, by mo11on, an agreement w11h the City's Energy Services Company, Ameresco Inc '°'
perfonnar. • • a Technical Energy AUd1I He said Council has heard ol th,s erron 1n previo us Sl udy Sessions
In Octob<r 01 ,s1 r ear we contracted under a memo,andum or understanding with lhe State of Colorado
Gov,· >or's Eo ,rgy Off,ce The Governors Off,ce cetmpleled a Feas 1b1l 1ty Study for energy performance
'-:>nlract1ng a •d 1n early 2009 the City issued !he Request fOf Proposals we received three proposals, we
selected based on a review of those proposals Ameresco Co uncil confirmed lha l in May w11h a resolul10n 1n
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support for lhal select,on This document you have fOf consoderallon lon,ghl 1s the standard Stale agreemenl '°' a tc..:o1, ·•al energy audit and pro1ecl proposal It has been approved by the Stale of Colorado, by Ameresco
and cy our Cdy Allorney The total cost or the techn,cal energy audrt ,s $34 ,532 00 The City has appt,ed 10
E ;cl Energy for a rebate or 50% or lh1s amount We are hoping 10 receive funding from Excel Energy We also
will apply lo, the Govemors Energy Office, as soon as we have !he apphcatoon 1ntorma11on from the GEO for !he
rema1n1ng 50% or that In the event we do nol ge t funding either by lhe State °' by Excel I/le cost of the aUd,1
can be rolled onto the edrt,ng Performanoe Contract that we would be entering 1nlo with Ameresco al lhe
conclusion or the Energy Aud1I and the recommendations made by Ameresco
Mayor Woodward asked ,r there any quest'Olls
Mayor Woodward said I iust have a quest10n regarding llhe e-mail I sent you last week on the unsolicited
p,oposal for a ma1ns1ree1 regarding solar and , I believe, I hey are somewhat d1fleren1 from this although you
were go,ng 10 fooward 11 on to Ameresco and that 1s that they seH the energy or we could con1rac1 lor energy al
a lower rate The Englewood Housing Aulhonly 1s currently do,ng that Was lhal sent on? Mr Flaherty said I
IOfWarded 11 10 Amere$CO and I am havmg a conversat,on with the pro1ecl manage, tomorrow Amcresco 1s also
looking al other, po1enl1al. third pal1y providers Iha! m,ght be 1nleresled In domg a s11"i•lar thing Thats been
done not on a grand scale bu t I know 1ha1 lhe City of Aovada did a pro1ec1 al the11· Waste Water Treatme nt
Pla nl lor an electric PV Solar System lhat was paid '°' by a thord pany and that thnd party realized most of the
benehts from Iha! But the City will receive benefit by hav ing their power genoraled ror then Waste Water
Trealmenl Plant Im not ramikar at this point with lhe Ma,nstreet Proposal but that 1s one or the things we will
be d1scuss1ng Mayor Woodward said okay as long as we have 11 on !he hst , because lhe Housing Aulhorrty 1s
moving forward with It on !he two h,gh-<oses Somon Center and Orehard Place
Mayor Woodward asked of there were any other commeots There were none
COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE
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AGENDA ITEM 11 le) (Ill, AN AGREEMENT WITH THE CITY'S ENERG Y SERVICES COMPANY,
AMERESCO , INC .. FOR PERFORMANCE OF A TECHNICAL ENERGY AUOIT.
Mayor Wood,,ard asked 1f thero was any d1scuss10n
Englowood Citv Council Juno 1, 2009 Page 16 Council Mer 1ber Jefferson said I am glad 10 see Chis aud1I mov,ng lotward I am 1nIe,esIed 10 see exaclly how much energy we can be saving Council Member WIison said I apprecIaIe all the hard wont I know th,s has been a big proIecI and there were a lot of poeces that had 10 be put logelher So. I am lookmg fO<Ward 10 d and thank you Oepuly City Manager Flaherty sa,d I WIii mencoon that there wlil be a separate energy audit coming fo,ward from the Waste WaterTrealment Plant However, lhat was nor prepared at this lime and ,t needs to be approved by the Supervisory Comm11tee of the Wasle Water Treatment Plant and It Is scheduled for lhelr review this Friday
Mayor Woodward asked 1f there were any olher comments There were none
Vote results:
Mollon carried
Ayes Council Members Penn, McCashn, Moore, Woodward, Jefferson,
Wilson, Oa kley
Nays None
Mayor Woodward said let's take a five minute break.
The meebng recessed at 9 07 p m
The mee~ng reconvened at 9 1 J pm . with all Council members prese
12. Go neral Discussion
(a) Mayo(s Choice
(ii Mayor Woodward said on June 1s•. at 6 30 pm . out ,n the amphitheater nght here at
Crty Center, starts the Sounds of Summer At 6 30 p.m The first band WIii be lhe Dean Bushnell Orchestra
June :' "w,11 be the Mile High Banjo Soc,oty So I wanted to ment10n that Those are free and nght here at City
Center, so bring you r lawn chairs and picnics
(11) Mayor Woodward said I would hke 10 mentoon thal next week I'll be altend,ng the f,rsl
Tier Suburbs S!eenng Cornmltlee Conference lhrough NLC. In Kansas City I Intend to pay my own expenses
I Iust wanced to let Council know that I WIii be out of tOWTI
(iii) Mayor Woodward said I'd also hke to mention thal I will be atlendlng the annual CML
Co1,ference up In Vall, ,n June. mid-June, mostly at my expense I w,11 probably utilize some ol the funds from
my dIscret1onary account That ,s something tht I know a couple of other members were th01k1ng about domg
also
(iv) Mayor Woodward said Marty had brought this up I wanted to ment10n the
Neighborhood Block caplains and volunteers, olher volunteers from the City and the different Safety Services
programs Their quanerly meeting ,s this Thursday. June 4~, 6 30 pm to 8.00 pm at the Commu nity Room
You can get the block pany apphcat10ns Thal Is the first tome they wlil be available They will be avarlable on
the web alter Chat So, please come Like Marty said , everybody Is welcome and ~ gives everybody an
opportunity to get engaged
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M Mayor Woodward said I d hke lo address some of the things about Jason Park Martha, •
Tracy and the folks from Englewood Unleashed I certainly understand fear ol dogs and how, especially a child ,
or especially when ,1 Is your Child or when you are the child and I know thac Englewood Unleashed has been a
pro-achve steward of our parks I think some of the suggestoons that were blought up tonight regarding the
fence I th,nk I brought fO<Ward the s,gnage , possibly two years ago. wdh p,ctures of ,1 being al number one the
• Englewood City Council June 1, 2009 Page 17 height of the trasn can at traSh can level and I thin• Iha! Iha! needs 10 De Cliange<, II Is 111affectM! t also remembenng t,ac~ • would have to be two or three years ago ,,.e did d,scuss lhe pos51b1hty ol securong the playground area ~nd the pIc111c area from lhe rest of the park Kids have a natural tendency to run from dogs Dogs have a natural tendency to chase something lhal Is running And there ,s part of the problem So I th,nk that's something lhal as stewards and stuff I lnink that we def1n1lely want lo take a look al and ta:k lo you more aboul thal Last week lhe Colorado Coalll1on for living s~fely w1lh dogs bite dala came out for 2008 They ve been doing this study for some time over the past ,ear for bile dala for Colorado That final report came oul last week I beheve •I was and 11 was qu,te rnlerntong But lhe maIor bdes lhal happen are ~'-large dogs out ,n the community Not aogs ,n parks or ,n dog parks"' -,en at home Of course the mapnty of people that d<e
bit are chfldren So those are all lh,ngs to consider That r8'l0<1 ,s avallable from the Coalition for Living Salefy
w1lh Dogs If inybody would want that I can get lhat ,nlorrrat10n lo them
Just a suggestion too when you were Ialk1ng abou l when you doing Ihe pick-up days, the poop pick up days
and I know that yuu do a lot of them, because I gel your emails and you mention Canine Corral and Jason
Park, and I kMw lhal there are a lot of responsible dog owners out there that participate but I'm Jusl wondenng,
,t may be worth invesnng in a few vesIs that say volunteer on ,t That might. all of a lhe sudden. lell somebody
!hat t~ese are volunleers out here prcloog up the poop ThlS ISn t lhe C,ty or somebody else Also, know,nq
what I knew was remernbeMg your leller from a few week~ ago and trying to pass lhat on to Safety Ser,iees
which did respond back to us I don't know I assume you saw that From lhe audience, Ms Gnego replied no
Mayor Woodward said well okay They did do a respoMe and I ca n get thal 10 you But I am on lhe board, ~s
a non,vohng member, of Englewood Soccer Assoc1at1on, which Is a private non-pr~fll group, separale from the
City of Englewood I e,malled the president of !he club today and asked her 1f she was aware of any complaints.
ott,er than t11e disgruntled YMCA learn thal ~ad Just io1ned us lh1s spring. from this past season regarding
conHICls w,lh dogs and soccer at Jason Pan< and she had wnr.en back no I made 11 a pornt to bnng lhat up at
lhe coaches rneettng If any coach had a concern or issue to can me. or a respecuve board member so lh:.t we
• could get 11 documented and forward " to the City As far as I know everything was r,ne, which IS an
improvement from some past years, when dunng the middle of 'he day all of a the sudden. there were some
dogs out lhere runnmg The leash law was mtended for while ;,eople were play,ng Dogs are not allowed,
period. 1n th e playground areas On a leas h or off a leash, wn•:ever They are not allowed in there That's
whal was ,nIended
fvr) Mayor Woodward said okay, I also want to address Mr Brown ,f he ,s sbM here
Councd Me mber Wilson said he had to !eave Mayor Woodward sa>d he had to leave Regarding pralf1b
removal As a commeroal property in the past as a commercial property manager and commerc,al real esIa:e
agent and the recommendat10ns from assoc,a t10~s hke lhe Building Owners and Managers Association, also
known as BO MA which 1s lhe maIor 1nIernal10nal association lor bu 11d1ng owners The thing about graffiti Is thal
you gel ,t removod as fast as you can and the laster lhal you get It removed, the loss hke:1 thal people w,11 come
back and lag your property If you allow It lo stay, people will come back and lag ,t again That ,s pan,ally why
Iha! ,s set up l~at way One ol lhe lh1ngs I think aboul Denver ,s thew paInl-ouIs. they do the sand-blasting or
the water-blasung, and th , do paInt,ng JUSI like we do painting You rrughl not like lhe color, but , can pretty
mud> assure you !hat ,twin not match what's there But we do have graffrt, paInl-outs they are done through
Safely Services through lhe Communily Relations d11ector We have volunteers and we also have people thal
a,e taggers thm have done that thol are cleaning up after lhey get caught So with regard to graffiti removal
we have spent o lol of lime over tho years on discussing lhol and, I lhink personally, Englewood Is pretty dnrn
clean . especially compa red lo Denver And recently, that Is w1lh1n the last monto 01 SIX weekn, for some reason
we've been hrl and I've noticed more of It even tonight, somo on the flowers unfortunately the BID flowers on
Broadway
(1111) MayOf Woodw;ird said Rtci< I wanled to menllOn to you some lh,ngs that you ve
probably not seen You·re ctrt.11nly not heanng up here are some of the lh1n9s th.it gel answered for us
l hroug~ lhe stalf reports Through SIJff reports, lhrough the minutes from lhe Water and Sewer Board for
•
example, lhal lalks obouI buy,ng a piece of equIpmcnI and d1scuss1on that may go on In a Study Session
n,gard1ng thal lhal 11 ,s being broughl forward But as an example. l hcse are Ihe two pieces stall report-wise
on lhe medical small ar~a plan and every one of these always have stall reports thal go along with lh,s So 11
may not seem I ,e m this formal pwsental,on Iha! maybe peopltl haven I disc~ ,sed th,s or gone ove, C. bul they
have II has been gooc-over starling s,m.lar to lhe budget ""'"''"9 thal you were al and gocng on a• the wa~
Englewood City Council June 1. 2009 Pa ge 18 ,nto September into the budget retreat and then onto October and Nosember when we approsed the budget All of those funds and all of tho~e thongs were discussed and we pretty much know whats com,ng what can be Mndlcd and what cant be handled So an ambulance. can ti last another year? We could ask something like that The shell? Whatever I know 11 we were talking abou1 the front end loader I know that could not last another year I don t think 11 could last another day. as I recall from the Waler Board moe11n9 So anyway, there 1s a lot or 1nforma1oon that we receive on th1• stuff It isn 't us silting up here not ask mg questions Some or us real ly read and hogh hgh t and ask questions about that what we don't understand But a 101 or limes, those questions have ;lready been answered or are answered 1n the staH reports
(b) Council Members Ct101ee
(i) Cooncd Member Penn
1 He said Martha and Tracy and Matea and Sophie thank you for cooung down and telling us about
some of the problems that you have I agree Wllh Kim I thmk this IS a huge educabonal thong that we need to
educate the dog owners more than we need 10 educate our dogs I think that ,s something I wouid really hke 10
maybe look into erther a fenced off area or like Kim suggested a natural t..Jrner area between the playground
and the northeast quadrant and poss1b,y, probably, the soccer fields and the baseball field over there I think
that would be something that we can look at S,gnage 1s a key, Aga in, educa110n, I think . 1s Just huge Ktm , I
know you guys get out there and try 10 do that Mr Gtlhl .. when you talked about l)eople getting out of their
cars There are sig ns down there. Now wheth~r the people take care or their signs .. they don't lake ca re of
them unfortun ately I could s11 down there , sit 'here and talk, and I know Kim and hos group talk lo these people
and It Is tough to get them lo go from lhetr car 10 the Corral wit h a dog on a leash It Is stated right there on the
parking lot It probably doesn't happen, like you sa,d, unfortunately. and I wish 11 would Again, ed ucation ,s
•
huge I hope we keep working al 1t and gel going I like the Idea of a natural barner, Kim, I think between the •
playground and the dog run. the dog people and stu'f like lnat
2 lie said I also was going to talk to Mr t3rown about possibly maybe we could look in10 an abatement
Maybe people 1ust signing off for an abatement and JUSt sayv,g okay 1f my place gets graffitied would you
please paint ,t as soon as you come by or something hke thal at a fee that would be comparable for the Cny
and of course for the b~s,nesses I think we could possibly look ,n10 that
3 He sa,d the Farme(s Markel ,s going really well down there on s,oadway
4 He sa id graduat ion last Fnday was excellent I thin k Englewood H,gh School graduated 153 students
II was rea lly differe nt for me, because it was th~ first time, ,n wel l over 30-some yea rs, that I have sat 1n lhe
stands and watched the proceed,ngs instead of s1tt 1ng out on the stage II was a differen t 11me tor tn e
He said I gave all of the Council members a thing on the golf loumamenl request for the line ,tem for
partte1pat1ng and support,ng ,n the golf tournament I would hke someone lo possibly look al that and make a
moloon tonight
(u) Coonc11 Member McCaslf!l
1 He said Martha and T1acy, I app,ecoate you guy3 com,ng out and shanng your stories I too and I think
Ive talked to Jim about thos awhile back, about the fencing and the playground area 10 k !ep the kids safe and
secure I know ,n our school area, we havt U>at issue, when the kids are out at recess, dogs coming on on the
property so 1t IS an issue that we need lo io..,~ onto And I agree on the s,gnage 100. ,hat we need to make rt
more v,slble and help to educate the people who are m1strealing or not reading the rules Thank you tor coming
2 He said I appreciate the support of Eng lewood Unleashed. You guys do a grea t 10b I've been lo your
chill cook-offs I ve been a Judge Unlortuna lely I d,dn't make it 1h15 year. Yo u are fantastte supporters or that •
You guys 11 was brought up abou t you 101 being residents or Englewood Well, 11 s a shame tha t you guys are
more Involved ,n our City than rome or our residents are 1r we had our residents that took as mllch effort and
were proud ol our C,ty like you guys did this City would be a 101 belier off I appreciate your work Don I let
anibody tel' you t~at we don't Don I lot anybody run you elf You 1usl stay r,ght here
• Englewood City Council June 1, 2009 Page 19 3 He said Marty, I w~nted to w,sh you a happy 40'" birthday nex: week There was laughter Councd Member Penn said happy birthday Marty Council Member McCashn said I wani 10 thank you for ,11 of your sopport too (iu) Counctl Member Moore 1 He said, your Honor, I'll s1art with a couple of mot,ons. for 12 b (ii and 12 b (11) These are the amendments 10 our Council pohc,es that we discussed. 12 b {1, ... pnmanly Just adds Internet access to the hst
regarding the u~e or office supphes and City staff That was the primary change . 12 b (ii ) amends our
languag e around our d1screllonary funds. We've just cleaned up the la nguage, stahng things in annua l amount~
rather than quarterly amounts, a couple of clarlf1caI10ns aboul materials and meals and added language about
the dIscreI10nary funds are not intended to be used for chanty events at the Individual CounoJ members'
discretion not charity events, but chantable causes at the lndlVldual Counat member~· discrebon and that
would be handled through our Aid to Other Agencies accounts So with thal I am going to make a mobon )olntly
for 12 b (1) and 12 b {•)
(Clerl<'s note Resolution Nos '" 3nd 41 , Ser.es of 2009 are listed on the Agenda as items 12 {b) (i) and {11))
COUNCIL MEMBER MOORE o,JVED, ANO COUNCIL MEMBER JEFFERSON SECONDED , TO APPROVE
RESOLUTION NO. 40, SERIES OF 2009 AND RESOLUTION NO. 41, SERIES OF 2009.
RESOLUTION NO. 40, SERIES OF 2009
•
A RESOLUTION AMENDING RESOLUTION NO 60, SERIES OF 1990, FOR THE ADOPTION OF A POLICY
CONCERNING THE USE OF OFFICE SUPPLIES ANO CITY STAFF BY COUNCILPERSONS.
and
RESOLUTION NO 41 , SERIES OF 2009
A RESOLUT ION AMENDING RESOLUTION NO 11, SERIES OF ·t992 PERTAINING TO THE ENGLEWOOD
CITY COUNCIL POLICY MANUAL -USE OF DISCRETIONARY "UNOS
Mayor Woodward asked If there was any further discussion
Couool Member McCaslln said excuse me but when we are tallung about chanlable contnbubons ,s
1'1at . kind of clanfy that for me
Council Member Moore said 10 the extent that a Councd member does not use the fu ll allotment provided ror the
d1scre11onary funds, what we were saying ,s, lhat II I• not really up to that Council member to say I wanl my
surplus to go lo lh1s particu lar charily We wou ld rather have lhe chanlable use of Ci ty funds go through a
Council-wide vote rather lhan by the lnJlvldual Council member's choice Does thal explain? Council Member
McCaslon said yes
Counc,1 Member Jefferson said Ive actually !;ol a quesoon about the pobcy I don't know d we would prefer to
discuss that now or d you would rather wart unlit my Council membef choice
Councd Member Moore said we could hold the vote, ,r you'd prefer Why don't you do ,t now while the topic ,s
up?
•
Council Member Je fferson said eith er way t can do It now Bsslcal ly, my queshon Is ,n Sect,on I ,1
says Mayor Woodward asked wh,ch document? Council Member Jefferson said I'm sorry 12 b (1) there II
says that lhe City Manager can make available office supplies necessary to car,y out the dubes of the
Counc,lpe,son 1nclud1ng paper, envelopes compYlers etcetera And I JUSI wanted to run rt by everyone here to
see ,r they think 11 ,s to provide paper and envelopes ror my meetings 10 mv,to constituents
Englowood City Council Juno 1, 2009 f'agc 20 Counc,I Member Moore , ephed I would believe .~at ,1 ,s appronriate that you are do,ng 11 to fulfill your Council dultos Sc I wou11 have no concern Counc:,I t.'ember Peon stated f woufdn t have a problem ,.,th ,1 at all Mayor Woodward •~Id I would have no concern with 11 think we have tal► ed aboul rt on the phone The only place where I woulo start having a concern ts 1f there were exclusions I mean tf 11 ,s open to your d1stnct mefT'bers of your district I think that Is absolulely leg111mate and I m all for ,t But ,f ii started being select people
and exclua1n9 others then 1 have a problem with 1t Then I don't think lhe transparency Is there and that would
be my comment on that
Council Memter Jefferson said thank you for lhat I would ltke to gain a consensus as you know I was
attempting to get resources from the City Manager, and I was told that I need to get approval from Council
Council ~•ember \V1lson said for the envelopes? Council Member Jefferson sa ,d yes and the paper But in
my m,nd 11ie pol,cy ,s black and wMe on thP ,ssue
Council Member Oakley satd your excluding comment Jim He would have to ma~ to evP.rybody in 0,stnct I?
Mayor Woodward replied 1f he ,s doing a maI11ng I don t know It seems 10 me that l hat w~uld get really
expensive but 1f you are ma 1hng to eve,ybocy Counci, Member Oakley said that's what I sa id Whal are you
CO'JntIng a~ excluding?
•
Mayor Woodward satd 1f you are do,ng an area lets say an area lets de:. 1~0 hill of. for exam~le the htlf of
O,strict 1 and lhafs meet,ng number one Meeting number iv.o m,ght be frofTI Platte R,ver Dnve go,ng easl 10 •
Elatt, or something like that, between Kenyon and Yale Thal snot what I am calhng an exclusion But to
exclude certaI0 groups or people 1n anyway, then I have I have a problem with that type of exclus,on
Council r:ember Oakley satd lhen I guess I would have to as~ you Joe what would your cr1Iena be'
Counctf Member Jefferson replied for mv1t1ng? Counc,I Member Oakley satd yes Mr Jeffer50fl said well I think
there are probably two issues here One the biggest ,ss.e. Is probably the lows on pubhc meetings You know
ti you have more fhan three Counctl people 1n a room discussing poli~y It needs t~ be noticed and posted and
so that 1s probably the first issue I ve received a trttle bit of push-back In that olher Cour\Cd people want to be
present a: thEse meetings, but that Is not my Inlen1ton 10 notice and posr these My 1ntenl,on Is rather 10 have
an informal gathenng of eons111uen1s. where oeople can feel free to discuss theu opm,ons and we can have a
more free•flow1ng less formal discussion on ,,sues facing our community So. that ,s probably the fust issue
And !hat's probably Jim IS that what you had concerns about or 1s lhat or are we more concerned about
e":,,J,ng members of the public? Mayor Woodward replied excluding member of the public and excluding
memoers of Council (There was a lot of oonvers10n 90109 on at the same lime and II was inaudible I Mayo,
Woodward sa,o can I ask Dan for a legal op,n,on on tha1 ? My Jnderstand1ng of the open meetings rule Is 1f 11
for cxamp e. 1f Joe had a d1sl'1CI meeting and 1':t s say he a!Cln t do a publ,c posltng because he ,n h,s
dIstri.:t ,111 INes in O1stric1 1 and Bob fNes 111 O,stnct 1 and they came as consllfuents and sat up there. did not
par1tc1paIe 1n :he d1scuss1on of pohcy, arc they Is Joe breaking the pubhc policy rule at that point or the open
meet,ng r Jle?
C11v Allorney Brotzman satd techn,caffy no and there Is actually a case on that, that lhe D1stuc1 Court actually
found Iha~ thaI was a vcifation of 1he Open Meetmgs la,. and the Court of Appeals overturned that Now 1ha1
being sa'1 we always notice all of those meeltngs Any 1,me there IS a pole) d1scussroo. wllh tl1'ee CourtC1I
members oresent we have always given not,ce
Council ll'ember Moore suid the pro~lern tha l I have Is clea1ly we can talk lo an 1nd1v1dual constItuen1 or an• •
one Jnd • :>es des,re Is merelv somewhere dov.n 1ne spectrum from that I don I feel f,~e I am In a pos1110n to
say lhal • no; an c"ect ,e wa, 10 serve yoJr Counci So 1f Joe ,s oka, ,.th lhe transparen, y 1swes hes
•
•
•
Englewo od Cit y Council June 1, 2009 Page 21 ces.a,nly being, mscoos of lhe Open Meet:ng laws sometimes we tr/ different ways lo see how we can be effective I don t L!>fect :o h,s des,•e Mayor Woodward said ,I there Is a way that you wanted to modify lh1s or was th,s some lh1ng you wanted brought forward 111 a new reso'utoo? Council Member Jefferson sax! no In fael what rm loolung for Is iust a simple consensus that what I m describing falls under our current pohcy, because there seems to be a !,tile bJI of Interpretahon Issues going on there and whether, what I was plan ning , fa ll s w,th,n everyone's 1nterpretat1on of whats included 111 our policy
Council Member Moore stated 1f I may clarofy , I think 11 we could remove this open meeting issue and you were
do,ng ii for the whole district there would not be an ObJechon to 11 coming under this policy I don't bet,eve your
issue ,s really Council Member Jefferson sax! no. no. no. Very clearly thOYgh. I needed ,f I dxln't bnng 11 to
everyone here, t woukln I have got 11 from the City Managers off,ce
Council Member Moore said nghl so I think there are two things
Council Member Jefferson said so that's the only reason that I am bnng,ng 11 forward here, otherwise, I wouldn't
be asking for everyone's perm1ss10n
Council Member Moore said I th,nk the pol,cy as written doesn't get to your ,ssues So I th,nk we can
comfortably pass this without an amendment Separately as far as you r issue goes, for Joe's sake, we need to
seek consensus one way or the other about whether or not that IS an issue
Council Member Jefferson said exactly and so that ,s why .. I appreciate that If you would like to move ahead
with the vote and perhaps perhaps under Council Member c• \ 1f everybody Just wants to g,ve their qulCI<
thoughts then we can Just move on
Mayor Woodward asked 1f there was an1• r ,her discussion There was none
Vote results:
Ayes ,col Members Penn, Mccaslin, Moore, Woodward, Jefferson,
I , • .on, Oakley
Nays t.one
Motion earned
Coul'ICII Member Wason sax! so we a,e go,ng to discuss the ,ssue of your meebng? Mayor Woodward said
when we come back Council Member W,lson sa"1 okay Counc,I Member Jefferson said sure /'11 bt1119 ,t up
under my Council Member Choice and tf eve rybod f wou ld Just please comment, I'd appreciate ,t rhank you
2 He said regarding Jason Park. Just a couple of qud< comments I appreoate the presentahon ton,ghl
The photos were actually very helpful also I would just kke to take a moment to share my empathy I, l oo. as I
said when we we,e passing the last round of leash laws that I find 11 odd th at we would open up our parks
wt,ere the ch11d1en are lo dogs and not allow me to do 11 ,n my fronl yard Just a personal 'IOte Also I think
the idea of fencing in the children as opposed to the dogs doesn I strike me a~ the nght answer either
3 He said dnid finally 111 end with iust a couple of quick comments to Mr Crablree I , too, don't hke debate
on this manner like last bme, I w,11 extend an olive branch I respect your nght to be unhappy with this Councot
and 10 ex pres s you r frus1raI,on And as much as I may disagree with you, particularly your last comment whiCh
was as you intended, taken with oHense. I w1 ll lel you have the last word and not gel Into a lon g rebuttal and I
woll accept your corre<:t,on to my one statement that there were 57 s,gnatures on thdl pebbon. not 40 So thank
you for correcting lhe record for me on that
Counc,l l,1ember Oakle"
He said lo Ma11na and her daLOghter Tracy and her lovely grandch1klren I talked to you on the phone
I've beeo throu gh th,s ,,e, lhe last two y~ars with th,s sItuat10n at Jason Park And I respect lhe work that
Englowood City Council June 1, 2009 Pag o 22 Englewood Unleashed has been doing and I hope that lhe recommendations that they have made and some ol the other recommendat,qns from Council .•.1II help the s·tca1,on I too take olfense when rt ,s slated Iha! we need lo fesce 1n the playground area I would rather have ,t \\oo:led that we need to !enc,, 1n the dog a1ea And as far as separal1ng the picnic area from the playground area as •ar as I kno,y people have a right to picnic anywhere they wan t lo rn the park so I don I know how we can fence that off Jason Park 1s a hllle different than the other off-leash parks because of 11s s12e and the way 11 rs situated w11h the playground And therefore I believe lies the proolem We're never going 10 be able to make the lrttle krddtes as sare 1n that panrcular park as we would h~e to because of ns size I feel tMI someume down the •ne there 1s 901ng to be something that happens that II e are all gomg to be very sorry for I don t even want to think about rl I spoke two years ago on
behalf of a group or const,tuenl s from my d,suict that came and wanted lo iave Jason Park turned back ,nto a
ne,ghborhood park and have the f,ne facil1l1es that we have at Bellev,ew as the dog park There was not support
on this Council for that and I feel that there rsn I now An~ Im even a hltle milder on II than I was then bUt I stJII
see rt as a problem I am by the Belleview facrhty almoai da,1y and I never see any prOblems because thats
what d , for They come there They brnrg the11 dogs Everybody s happy The dogs are all happy Everyth,ng
goes perfectly We never get any complaints on that The only place that we gel a complaint ,s when we are
lethng the dogs run loose ,n a pubhc park I know :hat we are not going t~ gel that changed tornghl but I feel
that somed ay we're go,ng to be sorry for 11
•
2 He sa,d there are a couple of quest,ons I would h<e to as\ Mr Love Are there any dog parl<s south of
here ,n LrUleton or In Douglas County, or rn Jefferson County or 1s this the funhesl one south? Mr Love replied
to answer your queshon Mr Oakley there are some parks further south. There ,s Wynetka Ponds Park, which
I believe 15 at Lowell 2nd Bowles Thars an off-leas,1 pa11< that has opened ,n the last year There arcn'I a
whole lot ,n Jefferson County a,id there are many tn Douglas County Alt around Highlands Ranch. p,euy much
e,st and west of Douglas C:,un\y there are many Counc,t Member Oakley sard iust OU1 of,:• nosdy then . you
sP:.l you have a membership of about ~00? Mr Love replied yes s11 Counctl Member Oaklet sard do you know
roughly how many of !hem are !:nglewood residents and how many are out of Eng lewood? Mr Love replied yes •
we do There are appro.r:natety 23'1. are Englewood reside nts The rest ar~ a mixture of Denver Ullleton,
Highlands Ranch and Dougla, County Counc~ Member Oakley clanfled 23'1.? Mr Love rephed yes Counc~
Member Oakley sa,d that surpnses me Thank you
Council Member McCash n said the Dav id Lorenz Dog Par, There ,s a dog park on County Line Road and
about Quebec and Holl y Mr Love said Cnunl y Line and Holl y Yes. between Colorado Bouleva,d and Holly
Councd Member McCasl,n sa•d that's South SubUrban Mr Love said thats a South Suburban Its also
manage,1 by Douglas County Open Space Counol Member tkCashn sard okay
Counc,. Member Oak iey sard one other question, I guess Do you have any way or knowing how many of your
people 1,sp !le•tev,ew and how many use Jason? Mr Love said not really . I can g,ve you a guesstima te A lot of
people kke to go to Jason. partlcularly on bad weather days :iecause Jason ol cou,se. ,s grass There are also
a IOI of people who Just enioy that par!< penod Spec,hca!ly people who would go to EngleWOOd Unleashed or
Can,ne Corral. are there spec1f,cally to soc1altZe thew dogs I would say the ma,o,rty of people who could use
either park ,,se the Can ine Corral fhere are shit a few people who use Jason but many times I go to Jason
and theres nobody there and Canine Corral ,s very crowded
Councrl Member Oak ley sard fel me as, you how drd the wood chops work out for you? Mr Love replred
exceRcnt Counc,t Member Oakley said I thought they took away mosl of lhe mud problem Mr Love sard ,1 drd
In the summer we ~now ,t w,11 take away most ol the dust problem that we re always having So, we had a n,ce
donat,on from Fort Logan and we thank the C,tv ''" he lping us move that II took all day One Tuesday we
closed the park and accomphshed It but w, , ,ew negat ive comments, b~I mosll, I d say 95%. were very
positrve comments Ar ◄ the dogs seem to •"J<IY rt They run and play on rt so ,1 snot" 019 deal So rt has beef'
very helpful II ,s a really mce amemty to the park rt ,s really an ,mp,ovement Council Member Oakley said 11
appeared to me 1t did, but I 1ust wanted your opm,on Mr Love said 11 did and we are really proud of that prOjecl
We figured out probably between the labor. moving Md actual retail value of tl1e parK mulch, ,twas probably 1n •
the ne19hborh00d ol S 10.000 00 Do you have 1ny other quest,ons Council? No one did Thank you
Coun, r.1e,.,ber Oal< t!) sa,d so, .. th lhat I QU!'SS I would support SOITll <1nd .,, fence. protcc1mg tne
p1,1y9round but not fenc,ng ,n the playqround Im la'"'"9 about maybe a lcnrc barner belllC<."1 the ball r ~,rt
• Englewood City Council Jun o 1, 2009 Pago 23 and lhe soccer lieid and the g.issy area which., my op,n10n ,s a PICIIIC area before n Is a dog part< Bui lhen I would eveo go along wilh . maybe rencmg thal a,ea off. as long as Ille playground and everything on over 10 Quincy was strictly off l1m1Is to the dogs Council Member McCashn said Wayne. I 90110 make sure you sa,d you lhoughl ,t was offensive and I take offense to that. because 1f we don't protecl our kids on the playground , why Is lhal offensive, so the dogs can't come while they are doing lhe shdes , and the Jungle gyms and the swings Counc~ Member Oakley said because It s a park firsl and a park fOf lhe kids should not be fenced off
Council Member McCasJ,n sad lllen we have a park lor the kids or a park for the dogs II we are going 10 co-
mingle these IWO, then we have to come up with some solution that's go,ng to help that we don t lose a chtld
through or have some senous mIury I absoluIely agree with you I don't think II Is offensive lo rope ,t off I
thin k ti Is 1usI protective more than anything
Mayor Woodward sad I agree w1Ih Bob To me ,1 doesn I seem any d1fferenI than a playground area at school
where you have fenced ,n a pI3yground area and whether you want to call ti fenc,ng ,n Of fencing out dogs,
that's one thing Now, as far as Council Member Oakley sad OON 1f you are 901ng 10 pen somelll,ng up you·re
going lo pen up the dogs You're 1101 gomg lo pen up the k>ds There was applause.
Counci l Member Moore said Mayor, ,f I may make a suggestion Mayor WOOdward replied you may Council
Member Moore said I think that there rs enough lnt&rest in the loprc that It would be worthwhile 10 pul on a Study
Session where we can devote more t,me and fresh minds lo It I certainly would support doing thal I woul d like
lo talk about this some more myself
Mayor Woodward said okay
• Counc,t Member Oakley sard I apolog ize
Council Membe r Moore asked II that was an acceptable option Wayne
Counctl Member McCashn said Wayne, you do not need 10 apologrze
Council Member Moore asked If thal was an acceptable opI10n Wayne We'll continue this al a Study SeSSl011?
Council Member Oakley said yes
Mayor Woodward said Wayne. do you have anything else? Mr Oa kley sa id yes , rf I can calm down
3 He sad to Mr G11JJt's quest,ons ,n my other hfe I was ., charge of equipment replacement for the City
and we have cer1atn cn1ena lhal we use m that regard You can trust me when t say that equipment IS Judged
on ,ts currenl condrt10n and I1Is common to defer for a year or IWO sometimes So generally. when they get to
us. !hey have already beeI, through that process and we know that they're to the point where somethrng needs
to be done So, that rs why we probably don't question them as often as you thin k we might He sard the other
subJecl , as Jim said, ,t had been through the Water and Sewer Board II had been through several olher the
rate Increase 11 had been brought lo us II was based on how long 11 had been since the lasl Increase and
whal the expenses w~re gomg lo be Judged to be ,n the fulure and that's why ,twas deemed necessary and
that s why we passed ll the way we did AU of those things are quest,oned Although 11 may 110! be here ,n this
particular hme they are gone over qurte ex1ens,vely
4 He said the grattiti I have never been satisfied with our efforts on the graffrb I've made this clear
before I personally thrnk that the only way that we can ever keep ahead ol the graff1t1 •~ have somebody where
•
that rs therr Job That's all they do That's lhe on ly way 11 can be done In a lrmc ly manner Volunteerin g Is a
good thing but 11 never rs In a lrmely manner Sometimes rt ,s two or three months between volunleer I'm quIIe
sure r,ghl now lhal grven lhe budget conslra,nts that we can I even dream or doing someIh1ng lrke that , so we
are go,ng 10 have 10 do sornelhrng else But ,1 s certainly 110Ih1ng I1's certainly not 10 a poonl where Im
completely saIrshed with them I can t suggest anyth,ng r,gh l now that we can dO given our budge! con~t ·amIs
Englowood Cily Council Juno 1, 2009 Pago 24 Ma'/0, Woodwaid saod than~ you (v) Council Member Wdson said I "ould hke to address Manha and Tracy and tell you how sorry I am And that I understand your conceins 11 ,s 1nappropnale The dogs are not suppos~d to be on the playground I didn't know ,r the p,ctures that were sent around will bP h!'lprul for Englewood Unleashed you got them okay And the dogs so I thought that would te helpful I app1ec,~te Englewood Unte;,shed comong rorward and trymg to come up w,th solut,ons to help this As usual you've always been very good about that Lets see what we can do to recbfy 1h1s and matbe Code w,11 be able 10 go !here a ll!lle b,t mote often 01 at these
times that you re tal.,ng about and that m,ght be helpful 1f !hey are ticketed Someone from the audience asked
who Jilt? Council Member Wilson replied Code Enrorcement The other thong that might be helpful •~ If
someone from Englewood Unleashed could go there and police II maybe at those times I don t know ,r ,1 was
the same 1,mes From the audience, Ms G11ego rep hed I take my granddaughters separate ly rrom my daughte r
so when I am watching my granddaughters, they have a choice of going to Rotolo Park or lo Jason and they
choose Jason Somehmes I will take them at 2 1n the ahernoon . some ti mes 11 1s at 5 ,n the even,ng o,rrerent
days Council Member Wdson o;a1d 11 dtd look hke they were or some or the same dog I mean everyday
Mayor Woodward said to be recorded you need to come rorward to the m,ke. to be able to be heard
•
Ms Griego came up to lhe pod ium microphone She said those were at d11ferPnl limes Now tllal I am retired
and I ta ke the grandbab1es at 2 1n the afternoon , sometimes al 11 in the morning, one tome at 10 o'clock That's
when the dog growled at us I think II was somewhere around 11 30 And the grandkids can go to Rotolo Park
or Jason because I'm nghl down the bloc~ rrom either one or them and lhey always choose to go to Jason So ,r
I don'! want to deal with the dogs, we always go to Rotolo So we v.111 go down !here The p,ctures that l took.
that I did take. !hat was for the last week I don I remember what days . r·aybe a Tuesday and a Thursday !hat I
went oown l~e and then Friday So they were d1lferent times I drrve by there 1r I am 90,ng toward Broadway •
rm always on Ouoncy And when I look over there, I can see the guys play,ng basketball and the dogs are Just
running Or they are playing volleyba II and you r.an see lhe dogs runn ing I do want to sa1· something You
guys were talking about having the kids caged, having a fence up there and I un derstand about l hP dogs and
the mud during the winter What 1s go,ng lo happen when you do cage that area? That 1s going to turn into
mud At one time. when that dog park started , 11 was beaubful It had graJs, but then you have all or the dogs
and then yo~ are not g01ng to have that same grass and you are g01ng 10 have that same problem Jason IS not
goong to loo" as beautiful as 11 does now I th,nk 11 ,s a bPaullftll park You :ire g01ng to have one sect,on ol ~
overed 1n dirt It IS not go,ng to have the same appeal but at least the kids will be sarer 1f you dec,de to do that
But as far as having the k1~s caged m they are not the ammals They are not the ones who are l1ghl1ng w~h
dogs and we have to remember that they are not running to the dogs These anomals are com,ng to them They
are there to play 1n the playgrou nd The merry-go -rounds that you guys pu t on there The shdes and
everything So that ,s what th ey are there for Not to be , 1th the dogs They ~ave dogs at home They don't
need to go to the park lo havll dogs Councol Member Wilson said !hank you Ms Griego sa,d thank you
Councll Member !Volson sa,d so with that being said f didnt know ,1 !he p1cMes would help Ho~efully maybe
someone w,11 know I think rt ,s always good lo call Code or the pol,oe the probtem or the dogs running the
quocker that they co uld gel thc1e
(v1) Council Member Jefferson
He i;a,d thank you your Honor l iust wanted 10 second fhe comments tv IAarth,1 Tracy httle Ma'ea and
Sophia I too am sorry th.it this these mcidents happened at Jason Park It ,s u~•-, "W>te that some people
ca,1 t don I know the rules or don I want to rollow the rules that can aftow IOf !her '51 use c,f our pa •
by max1m1z1n9 the util,ty by anow,ng for multiple uses
2 Ile sa id I 100 wanted to !hank K,m . Jea", and Rhonda ror all or your work 1,, our c~• .noty and for
coming down and be1o1g proactive abou t the s1tua11on and lrying to commun1ca 1e son:e solut,on, Im personally
or the ap,n,on that w,!h addit,onat s,gnage a hflle bit of stepped up enforcement of o;ome of our current
ord,nanccs .,,td perhaps a little b,t of natural landscap,ng changes !hat we c.10 beQ,n tout, ZP tht· par~ .-,th
m"""' l ng J lot of these conf1,cts
• Englewood City Council June 1, 2009 Page 25 3 He sa,o 10 Jerry lel me ~M w after" .11ds where you are talking about Maybe I can help you pick out whose 101 11 Is 1f It Is a public 101 or privaIe 101 and maybe f1gunng out a soIut1on You may be trespassing I donI know where you are at but maybe we can Ialk about rt after Ih1s mee1rng 4 He said to Mr Brov:n with hIs graff,11 problem I 100, am frust rated wrlh lhe 91aff1t1 problems the community con11nues to face I iusI recenlly had an ,ssue ,n my block Ihey came by and Jagged lhe enlire block Fortunalely I was able 10 take care of ,1 before lhe City came and provided lhe noIIce I w,11 also agree w1lh lhe Mayor that the number one issue to prevenl grathI, ,s qu,ckly remove graffiti So. perhaps. some son of
solul10n like a voluntary abatement s,gn up or something can be explored I Ih1nk the cosl can probably be
pushed down 10 the people who sign up for the program So perhaps that can be either a zero cost or possibly
even a revenue generator for the City ,n the future d we explore lhat opt,on I cant say lor sure what 11 would
be
Mayor WoodWard said If we could get those flash cameras Council Member Jefferson salCI yes, !hose flash
cameras w1I help a lot s,gmficantly I agree I understand Mr Brown's concern he Is sort 01 the V1CtIm and
he suddenly becomes lhe perpelrator so, I certainly understand thal but I do recogntZe !hat we need to gel
nd of ,t qu1cldy The solution hke a voluntary abatemenl sign up sounds hke a very reasonable solution for
those businesses who are unable to take care of It ,n a t,mely manner
5 He said that brings me back lo my paper andl envelope sItuatIon I'm sure everyone loves discussing I
think I heard from Randt he said he doesn't have a problem with 11 Is that correct Randy? Council Member
Penn said I don't have a problem wIIh It Mr Jefferson said Bob where are you at? Count , Member McCashn
said I don't have a problem Council Member Jefferson said no problem no problem J,m we heard from the
Mayor does anybody have any thoughts on that?
• Council Member Wilson said I have a p,oblem with the exclus,on Mr Jefferson said I understand !hat Ms
W,tson said I don't have a problem with lhe paper and envelopes, but the exctus10n of certa , people and why
would you want to leave part of your d1stnct out? Mr Jeffeison said sure and the only excius,on party we are
tatlung about Is elecled off1C1als up here I mean I would probably e•dude someone like yourself because you
already have a very large say In our community again If I gel more than three of us in a room wher~ s.e are
dIscussIng pol,cy, I begin to violate laws You know when you gel ,nto that formal meeting hke we have here
lon,ght, 11 doesn 't reel like a conversa110n We get a Int of people that come ir, and bnng concerns they have to
wa,t around for two and a half hours to gel a response from us and they are ui,;;bte to voice some of those
concerns I have had multtpte situations where I have had a con~tIIuent call me uo and say t am concerncJ
aboul XYZ Issue and t say thal 1s a very le91t,mate issue, why don't you bring It to Council And they say
oh they don'I want to give a speech , I hey don't wan, to leel like people are p1ck1n9 al what th ey are saying
There ts an 1nt1midat,on faclor there So my thou~ht Is I rea ll y .vant lo bring 11 do<Nn t~ th£ lowest common
denominator and really ma~e ,t feel Informal and comfortable for everyone involved The only other poss1b1 I,Iv of
exclust0n may be If I feel someone Is unruly, unproducbve I will at my sole d1scrnt Ion since It will be on
pnvate p,openy at my sole d1scre11on I win be able lo decide 1f someone needs 10 be excluided But. 1ust an
FYI lhe onty reason I would ev,,r do something hke lhal Is 1f I felt hke lhe person was unruly or unproduclr,e or
somehow holding back the productivit y of lhe me, tmg generally
Council Member WIison said can I ask you v.hen people cau you and ask you something do you put 11'" as a
Counctl Request Mr Jefferson sa d sometimes d I leel It Is necessary sometimes I wlll 1ust respond Ms
WIison said okay rm 1ust saying where that Is an area where lhey don t have to feel intimidated Mr Jefferson
said sure but sometimes Ihese things need policy ,ssues A lot of bmes people w,11 bring up pot,cy issues that
currently need support 01 four of the seven Council p.."Ople here It ,s not something I can unilaterally Just decide
and say give them what toey wa nt I need them their support to come and lobby for particular pol icy
changes, 1f they think ,t Is In the,r best in terest Thal , s why sometimes I Iust can't handle ,1 myself ),:,u know
• wlmt I mean I w,sh I could Ms Wilson said well then we don't ca ll 11 a democracy There WdS lau9•1tcr
Counc,t Member McCashn said my quesIIon Is being ,n your district ,I I go In and 11 s 1ust me and you and
your group would that be an issue ' Mr Jefferson said In another area and I think I talked to Bob a hltle bd
about lh1s pcr~aps to aflev1aIe some or the other Council peoples concerns about what might be happening at
Englewood Cily Council Juno 1, 2009 Page 26 some of lhese I m happy to have at some of my meetings a special guest another Counc,I person I ve already extPnded an ,nv,te to Bob 11 you would hke to attend the ftrst one IusI so thal nobOdy feels like they don t know \\!tat 1s going on 1t,ere Aga O po· :y decislOllS can't be made at these meetings Id be the o,,ly elected representat ve lhere Nothing Y.OUld Chang~ ;ou know but again to a'Ievra1e some of those concerns. I would be happy 10 have anybody on an 1nd1v1dual basis come. 10 one of !he meetings and announce voo as a guest and let you speak with some of the const Iluents as well Council Member Mccaslin said Jtm In the past when we have had these open meetmgs usually I ~now when I first came on Council we had them and we posted them and there were no problems Is that correct? Mayor
Woodward , ,od that Is correct We had them ,n lieu of Sludy Sessions, however, and we held them quarterly
by dtSfnct Al thal time !here wasn I much of a turnout That was the ,ssue there That IS why we
decided and, John. conecl me ,f I am wrong to ehm,nale !hose because 11 seemed to oe more productive to
have the Study Sess ions
Counctl Member Jefferson satd and aga.n. JUSI lo poml 0111, lhrs would be very d1fferenl L•ke I said the
procedures lhe pcltc,es ,nvolved would be very d,fferenl 11 would be on an informal basts I think ,1 might tum
out to be moie pcpular than some of !hose last decisions Finall y I w,11 pomt oul that, as a group, Council made
those dectS10ns to have those meetings and 10 nol have lhose meelmgs This ,s a very ddferent dec,s,on. lhts ,s
an lndtvtdual dec1s10n that I w,H be makmg So. With aB due respect excuse me Bul Mr McCaSltn said you
are using City lunds 10 help you with lhIs Now 1f I wanled to do like you I would put out my own stahonary and
my own lh1ng and I wouldn 't ask lhe City 10 fund my meeltng with my cons 1I1uenls, that I choose to have or
exclude I think that ,s the difference ,t ,s a percept10n everybOdy loo'<S at ,t and says why are having lhese
meehngs and you are excJud,ng you a,e only 1t1V1t1ng wnoever you wam lo I think lhat 15 our perceplton and I
need to gel over that before I can buy Into II Mr Jefferson sa,d sure I would be happy to I have had
•
conversations w,lh you al length about th,s I'm happy to make everyone on Council try to leel comfortable w,th •
what I am doing My intention here Is not to undemnne what anyone ,s d01ng, Of view things negatively My
intention here rs truly a po$Jtrve outreach to the convnunIty, allow 10< consbtuent input on an ,nfoonat basis
Again Bob, I cena ,nly understand your concerns Like I said I would be happy I lh,nk I have taken very
reasonable stops lo try to allev1aIe some of those concerns Above and beyond that, perhaps you want to look
at red01ng the pohcy that we Just passed Because ,n my mtnd, II ,s vary blacl< and white under that
pohcy whal !hose dIscrc1ionary funds. as "eU JS Crty Manager ma1er,als a,e appropr,ate for and Wllat they are
not appropnale lor
Counol Membel McCasltn satd I can agree w,lh that there m,ght be some changes there l;ul lhe way II
stands now I agree with you I th,nk maybe I1Is something we can talk about Counctl Member Jefferson said
sure and hke I sa,d I am more than happy tu alleviate anyones concerns Bob, I would love to have you al the
lirsl meet,ng, d you would hke to be there. I would love lo have y'ou presen t as a guest Just so you can gel an
Idea of what IS gou,g on there how those thtOgS are run and see how ,1 goes I extend the same thing to any
other Councd person who has some concerns
MJror Woodward said I guess , for me and we have discussed !hrs ,n the past but ti ,s not Joe Jefferson
having th,s meehng ,t ,s a pohcy deos,on ol dOtng thlS and so tis somebody else ,n the luture 2 years 5
years 10 years down the road So, aga,n. that rs where I Iust and maybe some mo, d,scuss,on amongst
us clears that up for me Council Member Jefferson sa,d I hope 10 not discuss th,s any fu~her honestly Ih,s
,s my ,ssue lo gain a consensus here I would move forward regardless ol which way the consensus
goes again this tS my ,ntentlllll to WOik with the Counc.l and try lo be a team pfaye, howevet regardless ot
the comments I have received. I will con1,nue w1t/1 lh1S program
Counc,I Membt>r Moore said Joe ,r I may I am going lo ma~e a motion. Just because I thtnk we need clarity on
1h15 I make a mooon to support Council Memb9r Jefferson·s request lo provide m•rt•-s or whatever. under thtS
policy I don t belteve we have sufftc,ent grounds lo say what he ,s asking is Inappropria1e, even ,1 ,nd,vldually
we m,g hl tri d1lferenl lh,ngs So. I th,nk thal we need to since there Is not a so lid reason I don't see a sohd •
reas011 lor an obJect,on to his request I thtnk we need to approve II and make sure the City Manager has clear
d"er.1,0.110 supoon ~ So I a'T'I mal ,ng thal mot10n
• Englewood City Council June 1, 2009 Page 27 COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER PENN SECONDED, TO SUPPORT COUNCIL MEMBER JEFFERSON'S REQUEST TO PROVIDE INVITES , OR WHATEVER . UNDER THE OFFICE SUPPLY POLICY Mayor Woodwa•o said I don I know 11 .,e nave had enough d•scuss,on 01 Couno Member Je'fer'-00 sa,d I, .. f1na,ty end 11 aga ,n. IusI by sayin9 my 1nIent,ons are 1n no way 10 underm ine what th e rest of lhc Cuur.c1I Is do,ng I mean no d1sresoecl by do,ng 11 simply doing th,ngs differently may lead to a be"er result Moyer Woodward said and again ,t •~ not Just you 11 s all Council me'llbers Counc,I Member Jellerson sa,o I
app,ec,ate that
Councol Member McCashn said what was Iha!? Mayor Woodward said I sa,d ,1 ,s not Iusi Joe but the pohcy Is
the same for all Council members So ,r you wanted to do something 11 a group al large
Council M~ 11bcr Moore said le i me clanfy The motoon Is s,mpty w·th respect to Joe s request so lhat we can
mo,e on If at a ater date .ve r,nd more compelhng reasons why Ih1s ,s not a good policy fine My motion was
not for a pot,q as muc h as the example in front or us tonight 1$ permisStbte there IS not enough to say 11 IS not
leg,11mate But ~•ayer Woodward sa,a ~ Is an e,ampte only Mr M001e said 11 ,s an e xample nghl
Deputy C,Iy Cler~ Bush said John W01,ld yo,, please restate your mot10n Im sorry
Council Member fiOOfe ..<'ltd r made a moLOl'I to suppor1 Councd Memter s Jefferson requesI to use th• Office
Supply po,tey to fund his experimen tal constituent meetings Ms Bush said thank you Mr Moore said you are
welc0111e
• The motion as restated;
COUNCIL MEMBER MOORE MOVE D, ANO COUNCIL MEMBER PENN SECONDED, TO SUPPORT
COUNCIL MEMBER JEFFERSON'S REQUES T TO USE THE OFFICE SUPPLY POLICY TO FUND HIS
EXPERIMENTAL CONSTITUENT MEETINGS .
Couoot Member Jettcrson sa,d aga,n, ,r addilional commenl will holp any of the Co uncd people this will not ~ost
a Ion of money here we are talking about 1usI the cost ol lhe envelopes paper and potentoall'l a S 100 00 01
$200 00 of my d1Scre1tona,y funds The rest will be paid for out-of-pocket
Vote results :
Ayes Counc,t Membe1 s Penn , I001e Jefferson
Na1s Council MembP.rs M•Casl1n Woodward Wilson Oakley
Mot,on demed
Counc,I Membe1 Jefferson sa•d okay I would Just 11,e to point oul that It seem, to me that the policy on th~
ossue ,s very black and while I don t kno., I would love lo hear some coon nents about why this example 1s not
acceptable unde r lh•s curren t pohcy Can I gel any feedback on that?
Council Membe, McCaslrn said oga1n I m 90,ng 10 tell ,,ou and I totd you befo<e ,ts a percept,on of 11 ID nol
posl ,1 1f you post ,1 and say o~ay ,, ,ou post ,t and sly Im havorg a meeting Im go,ng to take In1s money ,r
you put a clause in 1nrre I wanl to ,nvolve not Just a certa,n part of "'Y cornmumIy but my populalion II
feels ~~can ex•luson ol someboc.y Mr Jcller~on sad ol who. Bo!'~ ..,, McCdshn sa,d I don I know they me
leaving thal very gray area out there Mr Jefferson said no I have c •~n very clear abool lhe •ssue I told you
tha: I w,11 invote reg,stered vote<s The only people !hat may potent,at, 1 t,e excluded are the folks that are
s,ning up here and tnc lolks Iha! may potentially be unru ly al my mceL ••~ and would make them less
produchvc Aga·n I Mr McCashn sa,d but you are saying the people up here Why would I not want some ol
•
my Council people w lh me lo answer some questoons that I ,nay I don t know why we have such an issue wilh
lhJI Tnot has bee, '"Y concern from the vCly begInnIng
Council Membe• Je!•,,,son sac I ha·,e ai:empted 10 address those concerns mu•t•r ,e t,mes Mr IAcCa\ltn sa id I
~noN and I 3m r~t h,1epy Mr ,Jefferson said ,t 5eems IhaI lh1s ,s a very blark end whit~ ,ssuc I Jon t
Eng lewood City Council Juno 1, 7009 Page 21 understand again I feel toke I am being doscrimonated .iga,nst ,n thos sItua11on Aga,n . this policy seems very black and whole t don I lhtnk I shou ld hav~ had lo gn ,n consensus from Council to begin with I lhInk the potoc1 ,s extra clear on th,s issue and for everyone to be holding me back on my attempts to commun,cate with my cc.onslituen ts ,s tctally ,nappropnate ,nm, mind Counc,I Member Wolson sa«:l I don t thon• anyone IS hol 1 yoc rack. tt's 1ust whelher you a1e usmg Coty funds You can have the meeLng l<o one can slop you from O(..llg that It 1s Just using the City fund•
Although . Counetl Member Jefferson said, the Policy Is very clear thaI we have a S600 00 budget 10 oe used at
the Council person's discretion We discussed at length, ,n our last meetong. about the potocy that we should
not be policing anyone~ use of discrelionary funds every Council person's discretion is good and we ;:t,scu~sed
that and that was hne and now when I bnng a part1Cu1ar example of that. I am turned down
Mayor Woodward said I don t think we came to lhe conclus10n that total d,screbon there wasn I total
agreement on d1sc,el!On I mean there are cenaon things that is why you did th,s Counc,t Member Jefferson
sa1d for the d1screbonary funds? Mayor Woodv.ard said yes that •s why we came up wllh the policy
•
Councd Membe r Moore sa,d two Issues actually Joe, I am personally not sure ,t falls under d1screb0Mry
funds because that's for books, publicahons, newspapers maybe 11 does or doesn't but I am totally with you
and I hate to take a los111g vote and argue ove• M Coun.;d Member Jefferson said so do I John And I hate to
bnng th,s up ,n this type of way Mr Moore s , right, but I am trying to support you here office supplies that
are reasonably needed to carry out the duties ' the Coty Council person How can we s,t here ton,gt,t wrth this
pohcy and tell Joe we are exercis,ng 1udgmen: o;er what he feels Mr Jefferson said I would encourage
everyone to re-read the poliey Mr, Moore said 11 Is clear that Counc! Member Jefferson feels that he needs to
do th•s to carry out hos duties as a Councol member Who of us are really In a ~os,Lion to challenge that? Mr
Jefferson said thank you I am an elected rep,esentatlve, fUst I,ke the olher 7 members here and I do not tell •
you how to represent your constituents
But Councd Member Wilson said. I th111k where this started is when you said yoa wdf select who yo~ wani to
come So at that pom1 Mr Jefferson said that is at my dIscret10n. that IS totally appcopnate
Counc,I Member Moore sa,d that ,s his Judgment If you don't hke 11 ,f you don't li ke 11 that's f,no If tho• ,n
the aurj1ence , that are all for open government. don't hke ,1. they can cribc,ze him but none of us s,tt,ng up ne,e
tonight, really Mr Jefferson said have any authority over me Mr Moore sa,d and so think about this
yoc ~clf I don't wdnl you guys telling me what I can't do d I fe£I It ,s what Is needed
Courn:11 Member Jeffe,son said than~ you Councd Member Moore I app,ec,ate you stepping up and saying
this becaUSI! I agree this ts totally 111aP,.110proate
Council Member Oakley sa,d did I miss scn"ethIng tonight' Did you say anyt1me tonight that you were goong to
invite every reg,stered voter ,n your district or did you Just tell Bob that ? Mr Jefferson saod that Is my plan Mr
Oa~ley said did you say that tonight? Did I have the benefit of that knowledge befc,re t voted? Mr Jefferson
said I believe I Just ,a,d ,1 a few moments ago Just to Le crystal clear that ,s my intent10n
Coun;:,I Member Oakley saod 1f you had salCf that eo.,ocr than I would have known ,t an..t my v01e milY h811~ been
d1ffetent Mr Jellerson saod then let s vote aga,n
Council Member Moore said Joe as mach as I want to move !his along , I think you a1• .:onsenfln~ 10 a
cond 1t1on th al you shouldn't be consent1119 to This Is w1th1n as an elected offlc,a I this Is 'Ndh,n my nght to
fig ure out what I need 10 do w1th1n lhe boundar es of lhe meeung laws Whether Joe Ines lh1s ont.e and doesn't
hke ,1 and fa11s to go to the ,est of the consl•'sents that ,s h,s choice We do not ~a,e something ,n place that
aloNS us lo prohibit h,m from exerc,s,ng hi, fudgmenl In fa,mess the one area Is we are tallong about City •
funds and we collectively do have the nghl to exerc:,..e control over Cny lunds We have a polocy we have a
suppl/ policy III place and maybe 11 ,s under d,sae11onary out Joe h •• made a compelling Mr Jelfer!>on said
,f other members wou'd like to change tnaI policy I am open to that discussion But as the poloey stands I 1h1nk I
am on very sotod ground here
• Fnglewood City Council June 1, 2009 Page 29 Council Member Oakley said you asked why we voled the way we did and 1t Is not necessa11ty something we have to give you an answer for Mr Jefferson said I agree Mr Oakley said the reason I voted for 11 was I was under the Impression that you may use llus Just for special Interest groups Mr Jefferson said thal Is nol my Intent Counci l Member McCaslm said I second thal That Is the only reason And Joe we have had these talks Council Member Jefferson can I make ano•her motion I thin k I have a consensus here I would hke 10 make a
mol,on
Mayor WOOdwasd said go ahead make a mot,on one more tune we wil play this one out
Council M.?mber Jeffe<son said lets play It out Wayne are you with me he<e this hme? I don't want to do lhtS
Council Member Oakley said you asked me why Joe and I told you Mayor Woodward said I wanl to do 11 one
bme and that's It So. go ahead and make your mo110n and then let's call tor the queshoo Mr Jefferson said
sure
COUNCIL MEMBER JEFFERSON MOVED, ANO COU NCIL MEMBER MOORE SECONDED, TO HAVE THE
MOTION RECONSIDERED TO APPROVE PROVIDIN G PAPER AN D ENVELO PES FOR COU NCIL MEMBER
JEFFERSON'S USE FOR THE PURPOSE OF HAVING MEETINGS WITH HIS CONSTITUENT S.
Ayes Council Members Penn. Mccaslin. Moore, Woodward . Jefferson,
Wilson , Oakley
Nays· None
• Mouon carried
COU!lCII Member Jefferson said thank you very much Counal Member Moore S8JCI your words were
appt8Clated
Counc,t Member Oakley said before we go any further I gave the hand s19nal tor some of the people 111 the
aud,ance 10 wall a second I understand tho.y were getting ready to leave when we got off onto this For the
record I wa nt them to kn~w that I have 5 grandchildren and 4 granddogs and I baby-sit with my granddogs about
as much as I do with my grandkids So, in no way shape or form ... a dog Is man's bes t tnend. I've believed that
all my hie I grew up with the dogs ... I made sure my children '·•d dogs I am not a dog haler .just for the
record I wanted everybody lo know lhat
13 City Managers Report
City Manager Sears did not have any matters to bnng before Council
14 City Attorney's Report
(a) Crty Attorney Brotzman said I do have a request for seltleroenl of Colter v Marley -290 Wesl
Bellewood The Crty has redeemed on thts p,operty We had two loans We are now the owner of this house
There was a lawsuit d1sputrng the ownership, as well as an e\'ICtoon p<ocedure The two srsters and the btle
company have come to terms and they are resolv1n-g that issue. as well possess,on uf the personal p<operty In
the house So, my request ,s for a motion to settle this There Is no cost to the City for this settlement
COUNCIL MEMBER MOORE MOV ED, AND COU NCI L MEMBER WILSON SECONDED, TO SUPPORT THE
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SETTLE MENT PROPOSED BY THE CIT Y ATTO RNEY OF COLLIER V. MARLEY -290 WEST
BELLEWOOD.
Mayor Woctdward asked if there was any discussion There was none
Englewood City Councll June 1, 2009 Page 30 Voto results. Ayes r~ys Mot,on earned 15 Ad journment Council Members Penn McCaslln. Moore. Woodward Jefferson Wilson. Oakley None MAYOR WOODWARD MOVED TO ADJOURN The meeting adJOurned at 10 25 pm
Isl Kerry Bush
Deputy City Cle rk
• PUBLIC COMMENT ROSTER AGENDA ITEM 7 UN SCHEDULED PUBLIC CO MMENT July 6, 2009
PLEASE LIMIT YOUIR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
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PROCI A!-IATIO ' \\'HEREA • pubh paii.> and rccrcauon sy•,1em. arc dcd1ca1cd to rnhnncang 1hc quahry of hfc for mllhon~ <>f ru1d ms an commumucs around the unrld through recrcauon proi;rammmg, leisure acuvmes and conser\'allon cfforu. and \VHEREAS , rarls. recrcauon acunucs 311d leisure expencnccs pnl\1dc opponw1111c'$ for youni people 10 h\'e, grow and de\'c)op into comributmg members of society, create hfehncs
and .:onunuous hfc expencnces for older members of the commuruty; ~encrntc opponunmcs
for people 10 come 1ogcther and experience a sense of commurury: and Jl,1} di,idends to
communmes by n11,rac1ing business and Jobs and increasing housing values, nnd
WHEREA , ns we ob~ervc Re<:rcation and Parks Month. we recognize the vi1nl
contribuuons of employees and volunteers m parks and recrcauon faci111ies. and
WHEREAS, these dc:d1cn1cd supponcrs keep pubhc parks clean and snfe for visitors,
organ ize youth nc1ivi1ies, provide cducntionnl programming on henl1h. nutritio n, fim nid and
gardening, advocate for more open space and belier trails , and fundraise for local
improvcmen 1s: nnd
WHEREAS, the se emp loyees and volunteers ensure that parks and rccrcalion fac,htics arc
safe and accessible places for all citizens 10 enjoy: and
NOW THEREFOR.E, 1, James K. Woodward . Mayor of lhe Cui of Englewood, Colorudo,
hereby proclaim lhe month of Jul~. 2009. as
ATIO Al. lU. REATION D PARKS MONTH
an 1he Cui• of Englewood. Colomlo. l call upon Englewood parks :md recreation supponers
tC!Join m recognizing the 1mponanccof our nati n' 11arks and recreation facilmcs, in
n:i.:ogru1c the employees and ,·oluntccrs and to learn more abom h<>w 10 suppon the places
thnt bnng our communmes a higher quality of life. safer places 10 piny and healthy
•llcmauvcs through rccrcat,on prognunmmg for C\eryt>Dc. I urge the cmzeru. of Englewood
1,, ctlJ ') what their comrnuruty has to offer by taling part in their fa,mue span,. ,•1s11mg the
11u1d ~•rs. spending llmc with fanuly and fnends or Just rcla,mi;
< il\'EN under m> hand lllld st:'31 this 15th day of June. 2009 .
James K. \\'ouJwru-d. Mny\\f
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OROINANCF NO. ~I IHI ~ Ill li~l~ BY Al rJIORn \ cnt.:'ICII BIi.i. NO. 23 INTRODUCED B\' COU1'CIL \ I F\IBER JfrFERSO'I \ \ t llUII\ \ ,n \l'l'RO\'IM, A'ID Al.illlORIZl'IG A THREE YEAR
I' 11 R<,O\'f·R"II ,1 Al nX>PERATIO'I; AGREEMENT BET\\'EEN ARAPAHOE
( 11\ \", l'OI ORAIXl ANIHIIE CIT\' OF ENGLEWOOD. COLORAIXJ RELATING TO
11 11 l( )NDLIC'I 1 )I' ('O~IM UN IT\' OEV ELOPME\'T BLOCK GRANT (CDBG) AND HOME
I\ \'I s I \ILN1 l'I\R l"-11 RSHIP (I IOME) PROGRAMS FOR PROGRMI GRANT \'EARS 1010
ntROU(,1110 I!
\\'I 11:Rl:AS. the Cny Council of the City of Englewood approved the execu1ion of on
Im erg,,. cmmen1al Agrecmt'111 bc:tween the Cuy of Englewood 3Ild Arapahoe County by pas,. ~•
ofOrdmonce No 3'1, Senc, of 111'14. covcnng the City's panic,pation tn the Arapahoe County
CDBG Fn111lcmen1 Program as c,tcnded b)' Amendmcnl No. 3. for funding year< 2004 through
2006: ond
\\ HEREAS , the Lnglewood Cuy Coune,I passed Ord1nanoc No . 13. Scncs of 2006 and that
was modified by Amendment Na I dated February, 2007 relaung 10 pan1eipa11on m the Urban
c,111111y En1i1 lemcnt Pmgram for CDBG and llO ME funds for 2007 1hr~ugh 2009: nnd
\\'IIFRF.o\S. the Englt:\\(IOO Cuy CoUJl(:11 p:isscd Ordmancc 11:o 38, Sen« of!006
au1lmn1.1ng Aucndmem Jl:o I 1,1 the Urt,an County Enutlcmcn1 Program for CDBG and HOMF
funds for 200 I through 2009; aml
\\'Ill "' EAS. 1hc passage oftlus Ordinance authon7.e> the c,,ccuuon ofa threc-)ear
lntcr1mvemmcntal Cooper.mon A~'l'ccnient bet\\ een Arapahoe County and Englewood relating to
the c,,11duc1 of Community Development fl lock Grnnt (CDl3G) and I IOME lnvrsimcm
Panncrship (HOME) programs for program gram years 20 IO through 20 12:
NOW. 'I II ERl·FORE. BE n O RDAINED OY TIii: Cl rY COUNC IL OF TIIE CITY OF
1:0-(i l l·WOOO. ('01 ORADO. 'I HAT:
Swoon I . n,c anachcd "lntl'fb•<wemnicnml Cooperauon A~'l'cemem Bciwccn Arapah<>C
Cllun11. Colc,rndo nnd the Cll)' uf Englewood, Colorado Rel, ,,,,g ro The Cunduc1 or
Ci•111mu11ity Dc1·clopmc111131,,ck <,rn 111 (Cl)BG) And lloir, 1n,cstmc111 Panncrship(IIOME)
Progmn~, for pmgmm grant ~ears 1010 tlm>ugh ~011" 3· .ich.:d hcr<1o as fah1b11 \. 1s hereby
ac~cptcd nnd appro-.-J b) the En~lc\\ood Cit) Counci l
~-The Mny,,r and Cny Clerk urc hereby .,u,•,.,riLed 10 sign and nllcst s.11d Agreement
f<>r nnd on behalf of the Cit) of I ngl""·ood, Colt,raoo.
S~~11on J. 11,c Cot) Manager shall be nuthonzoJ t<> fun her extend nndor amend 1hc
lmcrg,11·cno men1al C'0<1perati o11 Agreement for 1hc program grant ycnr, 20101hrougl1 2012
hur.iduccd, r~ad in ful l. and passed on lirs1 reading 0111he 1 SI do)' of Ju11c W09. Puhli shcd as o Bill for an OrdiMnce in 1hc Ci1y·s official newspaper on 1hc s~ da) of June. ;?(Kl'I Published as a B,11 for an Ordina.ncc on 1he City's official wcbs11c bcg1Ming cm lhc J" da) ,,f June, 1009 for thll'l) (30) days Rcod by 11tle and passed on fin:il reading on the 15th day of June, 2009. Puhlished by 1i1le in the City·s official newspaper as Ordinance No._. Series of 2009. on
1hc 191h day of June. 2009.
James K. Woodward. Mayor
ATTEST ·
Loucnshin A. Ell is , Ci1y Clerk
I. Lc,ucrishia A. Ellis. Cit) CI erk of the Cit)' of Englewood, Colorado. hereby cenify 1hat the
abo,·c and foregoing is a ll'Uc copy of the Ordinance passed on final rcadmg and published by
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mle as Ordinance ~o. _. Series of 2009. •
Loucrishia A. Ellis
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l'HERGO\'UlMll.l\'l AL COOPCRATI0:-1 AGRF.f.MCSl 01:T\\'EE:-I ARAl'AIIOI-. COUNTY, COLORADO AND CITY OF Efl/GLJ:WOOD, COLO RAD O RELA TI NG TO T II E CON DUCT OF COM MU!'i lTY DE\'ELOrM E!'iT RJ,OCK GRANT AND rlOM E INVr.sfMENT l'AHTN llllSHlr PROGRAMS FO R rROGRAM GRANT YEARS 2010 TII ROUGH 1012
THIS AGREEME.VT ,s cn1ercd mlo and shill be effocuve as of ____ 2009, by ,nd bc1wecn
Anpahoc Counly, Colorado (the •Couniy"), 1 body e<>,porale and pohuc of the S111c ofColondo, ■nd the
Cuy of EngleWOO<! (1he "Cu)''), 1 municipal e<>rporauon of Cok>rado located 1n Atlpaho< Coun1y.
~
A In 1974, the U.S. Con&ress enac1ed The Housing and Commun1,y Development Act of 1974,
as since 1Ut1ended (42 U.S C. 5301 et seq.) (the "Ac\'1, p:rm11uns and prov1d1ng for the
p>rttc1pauon of 1hc Unned Slates aovcrnmcnt 1n, wide range of local housing and
community development act!\ iucs and programs under Title I of the Act which acuv1tic.s and
programs are administered by the U.S . Department of Housing and Urban Development
("HUD");
B. The ;nmary objocuvc ofTnlc I of the Act ,s the development of viable urban commun1t1cs,
by providing decent hou'1ng ■nd I sunable h,•1ng env11011111cnt ind expanding economic
opportumues, pnnc1p1lly for pc!'SOI\$ of low and modcrntc mC<lmc, llus obiecuve 10 be
■ccomplished by the fedcnl ,ovemment pro\1d1ng financial assmance pursuant to the Aet »
the form ofCommunuy Development Blocl. Grant (''CDBG"J funds 10 s1.11e and local
governments to be used in 1hc conduct and adnnnis~uon of housmg and conununny
de,·dopm<nl acu,•111cs ■nd proi«a. 1> con1cmpb1ed by lhc pnmary obJccnvc of the Act (the
"CDBG Programj,
C. To imp lement 1he pohc,es, obiccuvcs •nd other prov,sion of the Act, HUD has issued rules
and regulauons govem1na tho conduct of CDBG programs, pubhshed m 24 Code of Federal
Regu lations (CFR), Pon 570 (tlte "Rcgulauons"), which regulouons prov ide 1h11 o counly
may qualify as an "urbon county," 01 defined m Secuon 570.) of lhe rcgula tlorts , and therebi'
become eligible lo rocc1vc elllitlemonl grants from HUD for the e<>nduc1 ofCDOG ond Hont
lnvcstmeol Panncrsh1p (HOME) programs as an urban county and 1h01 ciuc, and other un1u
of general local governments m lhe same metropolitan stati!-tical area that do no1 or caMOt
quahfy foe separate enutlcmcnt 11rants may be included as a pan of the urt>an county hy
entenng mlo cooperation agrocmc.n\l wuh the urban county 1n accordanu with 1hc
rcquu-cments of the Rcgulauon.<,
D The Coun1y ha! heretofore qualified under the Regulations as an "urban e~un1y" and w,IJ
receive CDBG and HOME runds from HUD byaMual grant agreemen\$, ond ■II po.nic1pa1,ig
niumc1pahhes located 1n the County which do not rccetvc scpmtc community dcvclopmcnl
enutlcmcnt grants have been included as I pan of the County 1n 115 CDBG and HOME
Programs;
E . In 198 1, and again smce then, J IUD nmendcd the R!gulations, pursuant to omendmcnls of the
Act. revising lhe quahficat1nn period for urban eountie.~ hy pmvid111G, lhat 1hc qua l1+iellt :on by
HUD of on urblln county llihllll rcnuun cfTceuvc for three succ~s1ve grnnt rc:irs regardless of
changes m 115 populBuon durmt thrtt pcnod, cxccpl for fn1lurc nr an urban c~u111y tn receive a
R X H I • I T A
gnnt during any )'Car of that pcnod ond also pn,'1dmg that Junng the three )'C3' pcnod of • qwhficat1on, no included cuy Of 01hcr umt of ge:n-:ra1 local go"l!l'Mlrnt ma) withdraw from. no:-be removed from, lhc urban county for HUD's computauon purposes, and no cuy or other unll o( general local govcmm:n1 covering an 11.ddiuonal area may be added to the urban county durmg tha1 thrcr •ycar pcnod except m the case where a Cil)' or other unuy loses its dcsignauon as a mcuopolua.n c.uy: F, In 2009, the County is subinittmg to HUD the required documcnumon lO rcqualify as an urban county, pursuant 10 Section 570.307 of the Regulauons, so •• 10 become eligible to receive annual CDBG and HOME fund! for the next three Program Years from arant years 20 I 0, 2011, and 2012 appropnauons, and If the City approveund authonics thisagrecment,
an executed copy lhcrco(w1II be included m lhedocumenu,uon for thlS ensuing period of
quabficauon and, if the County qualifies, the Crtyw1II thereby be included as a plll of the
uriian county and be ehg1blc 10 patUClpatc 1n th< County's CDBG and HOME Programs for
the next three Program Y cars;
G The County rcoogmus and underswid$ that ti does not have independent leaal authority 10
conduct some kinds o( community devclopmtnt and housing assisranc.e 1ct1vit1cs wtthin lhe
boundanes or the City and therefore, 11, 1b1lhy 10 conduct the CDBG and HOME Proarams in
the Ctty is limned by the requirement that It must obtain permission from the Coty lo perform
some of those activities therein, and oecordongly. in order for the City 10 be considered a part
of the urban coun ty and be included in the County's annual reque.11 for COBO and HOME
funds, ii is required be the Regu lation., 1ha1 the City and the County enter m10 • cooperation
agreement whereby the Chy 1uthontc1 the County 10 undenake or lo mut 1n undertaking
csscnual commuruty renewal and low-LnC".ome housing assistance activities within the City as
may be specified 1n the "One Year Acuoo Plan 10 the Consolidoted Plan" (the "Action Piao")
10 be subm111ed 10 HUD aMullly by the Count)' 10 receov: its llMual CDBG ond HOME
cnullemenl grants,
H Under general provts10ns of Colondo llw sa•ermng contr0eung between 10•emmen1al
cnuucs and by YUtue of 1pcc1ftc 1ulhon1y gta!lted 1n Part U of An£1e I ofT,Oc 29, C.R.S.,
1ny two or more poh11cal subd1VJs10ns of the su1e may enter into agreemen11 w11h one another
for JOmt or cooperative action and any one or more political subd1V1sion.s may contract with
ano•her or with • legal or adm,nistrauve cnuty created p11rS11an1 10 that IICI 10 perform any
governmental scrv1c.c, acuvtty or undcrtalong which cnch pol111 3.1 subdivision cn1enng into
the con1rac1 ,s authorized by law 10 perform, and
Accordmgly, tl,c parties hereto h•ve determined that II will be mutually beneficial and in the
public interest of both pan.1cs 10 enter into 1h1S intcrgovcnune1uul coopcrnuon acrcemcnt
res•rdmg the conduct of the County's CDBG •nd HOME Programs,
THEREFORE, m cons1derauon of the premises and coopenmve ocuons contemplated hereunder, the
panocs l!Jr« as follows:
By encenng into 1h1s 1ntcrgovcnu11enal cooperation agreement WJlh the County, the
C11y shall be 1neludcd u a pan of urban Ampohoe County for qoahrou110n and pnt
calcula11on purposes upon the quahftca11on by HUD of the C011n1y 10 receive CDBG
and HOME Program enutlements as an urban county for the next chrec ,uce.,.1ve
Program Years, May I, 2010 through April 30, 2013 . As provided in Section
S70.307 of tho Regulnuons, the qualification of the County os an urban county shall
remain effective (or lluee successive grant years regard less or changes in fls
popula tion during thot period or time and the parties agrte that the Ci 1y may not
withdraw from, nor be removed from1 mclusion in the urban county for HUD's grimt
compulnuon purposes d\lnn& lh< penod of qual ifica\lon A fully executed copy of
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tlm coope rauan asrccmcnt, 101;cthe: wHh the opproving rtsolu11on! of bo1h the:: Cny nnd the County, shall he subnultcd to HUD by the County as pon of tts quahficouon c1ocumcntntion and the Cny dnes hcrch)• give: the County lhc ~uthonty to carry out CDBG and HOME Program aetavmes ,nd projem wh,eh wtll be funded from annual Community DeYClopment 81(1Ck Grants and HOME funds from gnint yea,s 20IO, 2011 nd 2012 appropnatlGIU and from any Prognu,, tncome cenerated from the u;,endtturc of !he e funds The C11y and the County a'""° to, and shill cooperalC ,n, tltc cxecuuon of CIJBG and HOME Prognm acuv1ties end projects to he conducted or perfonned m the Coty dunng each of the throe program ycors covered by this A;n:ement and tl,csc
finalized activ:1ics and prOjCCtll will be included m the County's n:quin:d annw,I
Ac tion Plan and rcquesu for funds for those program years. The City understands
and agrees, however, that tho County sh,11 have final re,<ponsibihty for selecting the
program acuv1t1es end projects to he included m °""h annual gnint request and for
fd1n1 the Action Plan with HUD on an annual ll35i£
The parues rerognize and understand that the County, u-a quahfiod urban county,
will be the entity required to uccu1e all grant a;rcemcnlS received from HUD
pursuant to the County's annual roquests for CDBG and HOME Program funds and
that as the grantee under the CDBG and HOME Programs tt will be held by HUD to
be legally liable and responsib le fo r the overall admimstntion ,nd perfonnance of
the annual CDBG and HOME Programs, including the projcc11 and ,ctivttics to be
conducted on the Cily Accordini:ly, the C11y agrees thot "' to all projects and
aeuvtues performed or conduct<d on the City under any CDBG grant agreement
r=eiY<d by the County, wluch mcludcs the Cny, that the County sh>ll h!YC the
ulumale sopcM50f)' and admuustniti,e control w,th rci:ard to the Federal
Rer;ulat1ons and Guidclonc and conformance to the Subgrantcc Asrecmcnu
4 , The City shall cooperate fully with the County m all CDBG and HOME Program
elTons planned •nd pcrfonncd hereunder and does hereby allow and pennit the
County 10 undertake or assiM in undenaking essentia l community development a.nd
housing assistance activiue1 wothrn the Coty as may be approved and authorized in
tho County's CD grant agrccmenu, including the Five Year Consolidated Plan (the
"Consohda1cd Pinn"). The Ctty and the County also ogree 10 coopcntte to undcnake,
or ass!Sl 1n undcrulung, commuruty renewal and lo""' ,ncome housing assistance
ICUVIUes, as they may be planned and specified ,n the County's Action Plan
submitted aMuall y to HUD for the three Program years ,pc,c!Ocd herein and for su,h
add1t1orutl ume as may be n,qu1rcd for the expenditure of CDBG funds gnntod by
1he Coun1y for su,ch 1cuv1ucs
5. Pursunn1 to 24 CFR 570,501/bl the C,ty if suh,ec1 10 th; ••me rcqu1rcmcnts
mmhcttblc to !iluhrcciments mcludrns the requirement of a wriucn asrccmcnt as set
f2n1t_in 24 CFR 570 503,
6. The City undemands that pursw,nt to Sec1ion 570.503 of the Regulauons, 11 will he
n.=ry for the C11y to enter into separate projecl a;rc,cmcnts or sul>-grutts m
11o'nun1 with the County wtth respect to the actual conduct of d,e projects and
acuv11ies approYCd for perfonnence in the City for tloe throe CDBG Program years
covcn:d by this coopensuon agrocmcnt ~nd that the funds dcs1gn11ed on the County's
Action Plan for d1osc prOjCCIS ond activities will nlso bo funded 10 the City under
1hose separate projec t agreements or sub•grants. Subject 10 1he provisions of
Parugraph 3 ebovc, the Cny will adm1mS1er and control the performance of 1hr
pro;ects and act1v111cs ~pcc1ned in those sep.irnte pro;ec1 •£rccmci1ts1 will be
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rtiporu1ble for the e'<pc.ndnurc of the fund.'!i nlkr...aterl for each sach rrricct or • aeuvny and will conduct and pcrfonn the proJeclS and 1cuv1t1es 1n comphanct .,_,,th the Regula:,, ,ns ane all othet apphcab\e fe.:letal la"'' and rcqu,remenos relaung lO the COBG Pmgnom The C11y also undersunds and •c= that II sholl also comply w11h lhc rcqu,mnents of Sccuon 570.50; pno, 10 d,sburs,ng any CDBG funds lO the sub=1p1m1 of th< C11y 7 All COBO Prne,rom funds that art appro"".d by HUD for cxpcnd11Ure under the County's ~n• agreements for the three Progrun )...,. covered by lhos Ag,,cmen~ melud1n& those 1h11 are 1denufied for pmJ::dS ard 1ct1V1lics on the Ctl)', ,.,II be budccted and allocated 10 the specific proJCCIS nnd acuviucs d-..!Ulbcd and luted 1n
the County', Ael.lon Plan submllll:d annually to HUD and those 11loe11cd funds tho\l
be used and expended only for the projects or actiY1bcs lO which lhe fuods are
iden111ied. No proJecl or acuvny nor the amount allocated therefore may be chongcd,
mndolicd, 1ub<1i1:111ed or deleted by lhe City with respoct lO any proJCCI or ac1iv11y
w11hou1 lhe pnor written approval of the County and the approval of HUD when lha1
approval a required by lhe Rcgulauons.
Because the Ciiy will be included as a pan of urban Arapahoe Count)' for the three
COBO Program yean; covered by this Cooperaiion Agrecmcnl, 11 will do all things
lhAI are approprio1e and required of ii 10 comply with the applicable provisions of the
grant agreements rweivcd by the County from HUD in which the City is Included,
and with the provisions of ,he Acl and all Rules and Regulalions, guidelines,
circulars and other requ1snes promu lgated by the various fedml department.a,
agcnt1es, adm1nistrauons and conun1ss1ons relating to the COBG and HOME
Program,. In add111on, the Cily and the County sholl each take all ocuons necessary
10 assure compliance w11h the ccn,ticadon required 0(1hc Coun1y by Sccuon j(\4 (b) •
ofT1lle I of lhc Ac1, including the No11on.,I Environmental Policy Act of 1969, Tille
VI of the C1v1l Righ1s ACI or 196", Tolle V!O of the Civil R,gh,s Act of 1968, the
Fair llous,n& Act, Secuon 109 of Tille I or 1hc Ac1 nnd 01hcr laws apphcablc 10 lhc
conduct or lhc COBO Program. In addition. the parucs hetc10 undcn11nd and agree
th11 the County may no1 provide any COBO fundm1 for acuv,tie< ,n, or 1n support or
the C11y, ,r the C11)· does DOI affu,na1ivcly funhcr fa,r boUS111g within ,ts JUnsdlCIIOO
or impedes the County's ocuons 10 comply with ,ts r,ur homing ccrufica11on.
9 The coopen,ung unll or local govcmmcnt (Cny) bas adopted and a cnforcin&:
a) a pohcy prohibiting lhc use of excessive fo~ by law enfon:cmenl
1gcnc1cs w11h1n us junsdiction ap111SI any ind,v,duals engaged 1n
non•v1olcnt civil nghts dcmonstratJons; and,
b) 1 policy of enforcing apphcablc Slate and local la"~ 1g11n11
physically bamng cnlrance 10 or cxll from • fac,hly or loca1100
wluch u the subJccl of such non-Y10len1 civil nghos dcmonstra11ons
wulun 1ts Junsd1cuon.
10 . Ounng lh< penad or pcrfonnnnce of lh!S agreement ss provided on Paragraph ll
below, 1he C11y shall
n) Inform the Coun1y of any income generated by the cxpcnd11urc or
COBO Prognim fun.ls r,ccivcd by the Ci ty;
b) Pay over 10 the Co11n1y any Program Income received by the C11y,
or retain and u!llc that Program Income subject 10 , nnd Ill
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d)
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accordance w1tb, the rcqutn:mcnts and provlSlon& 1f the ~=JUlrltt: CD proJ«l agreements that will be entered mto bciv.'ttn lhe City and the Counl) for lhe actual conduct of the CDBG Protnm, Use 1ft) Program lrx:omc the C11y ,. 1u1honzcd by the County lo re111n 01dy rrr cl1g1blc act1\•1tJes in accordance with 1JI COBO Program requ1remen1S as may then •ppl)' and as will bc spc,;1fit1II) proY1ded for 10 the scpar>tc CD proJc<I 1cn:crnenis bct"-.eo the Cttl and the County.
Keep appropnate records re;:arding lhe reee1p1 of, tue of, or
d,spos1uon or all Program lntomc and make rt"poru lhcrcon to the
County u will be required under the scpanlle CD projcel
agreeinenu between the Cit)' and the County, and
Pay over to the Couo1y any Program Income that may be on hand
in the even, of close-out or change in slaws of the City or 1h11 may
be received subsequenl to the close-out or change in sta tus as wlll
be provided for in the separate CD project agrecmenu mentioned
11bove.
The separate CD projec t agrccmenu or sub-grants tha1 will be entered Into between
the County and the City for the conduc t of the CDBG Program, as mentioned ond
referred 10 elsewhere ,n this agreement, shall incl ude provisions seuing forth the
standards which shall apply 10 any real property acquired or improved by the Cny in
whole or in part, using CDBG or HOME ~rogram funds. These Standards will
require the Cny to:
1) Nottfy the Coun,y in a timely manner of any mod1fiea11on or
change ,n the u.,c of that propcny from that wluch wu plaoned ll
lhc umc of the ac.qu1S1t1on or tmprovcmcnlS and th.LS noucc
requiremcn1 shall include any disposllion of such propcny.
b) Reimburse the County 1n an amount equal to lhc currctll fo,r
marlcct value of proper1y acquired or improved with COBO or
HOME fimdl {1<1$ any par.ion thereof auributable lO expenditures
oi noo-0>80 funds) that ts sold or uansferrcd for • use which
docs not quahfy under the Reg11lations. and
c) Pay over to the County 1ny Progn,m Income thal II generated from
1he d1spos111on or tnnsfer of property enbcr pnor to, or subsequent
to, any clOSt-out. change of status or tcrmm1uon of lhis
cooperauon agreement that is applicable.
12 The Cuy, by execution of tlus agrecmen~ understands thnl 11 may not apply for
grants under tlte small cuies or stale CDBG Programs for oprropnat,ons for grant
ycors during the penod in which 11 is participnting m tho urban coun1y·s CDBG
Proaram; and may no1 pa~1cipa1c in a HOME con,or11u1n except tl•ough the urb•n
county, regard less of whether the urbon coun ty receives o HOME formul a alloca1 1on .
13 The pcrind of pcrforrn,nce of 1his Agre:menl shnll cover three CDDO Pro~ram
years, begln11111c Ma) 1•, 20 10, and endmg April JO", 2013 . As Slnled herein,
however, lhi s Agreement Is intended to cover activ1tie~ to be camcd out with annunl
C.,mmunll) Dt11tl<>pment lllock Gran, ind HOME fund. from G"'"' year, 2010. • 201 I. and 2012 1ppropt11uons ind slull be ond n:mA1n 1n full for« and effect unul all proiccu and act>vmes approved and aulhonzcd 10 be performed and funded for those a;rant years hove been completed and any program income camed has been remmed 10 ohe C'ounoy or used by ohc CHy in accordonce w,oh lhe cnoeno described ,n paragraph Oen i4, fhe Agreement will be ou1omuucally re.newed for pan1c1patlon ,n succcimvc lhrec~ year qualaficat10n uenods, unless the Counl) or the C11)1 pro"ldet wnttcn nouce 11 clcets not to part1c1patc ma new quaHficauon penod
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The County will no11fy lhc Cit) m writing of 11.1 nghl no, 10 paruc1pa1c. A copy of
lho County's noufic;auon muSl be SCDl 10 lhc HUD Field Office The C11y', response
10 lhe no11ce of ,u nght no110 partic1pa1C must be ,et1I 10 both lhe County and the
HUD Rea,on 8 f,cld office. Nouces and n:spons,s mWI be sent a,:cordmg 10 lhc
scltodulc .ipec,fied 1n HUD's urban county quahficauon 1101,ce and HOME consorua
qu1hficauon noocc ror the next quahfic.at1on penod
Eath party II required lO adopt any •mendmenl 10 lhe •rn:cmcnt incorpora11ng
changes nccc..uary to meet the requirements for cooperftUOU agreements set forth in
an urban county qL1alificalion notice applicable (or a subsequent three-year urban
qunlinc,1ion period, and 10 submH such amendment 10 HUD. Fa,lun: 10 comply will
void the nuti.1ma.1lc. renewa l for such qualification period.
Any changes and modlficauons to :his Agrccmeno shall be made in wrumg. and shall
be uoeu1ed by b h parues pnor 10 lh• performance of any work or ar v11y mvolvcd
m thc change ano be approved by HUD 1f necessary lO comply w11h thc Rcgulauons .
a) Th,s Agreement shal: be tmd n:matn ,n force and effect for the
pcnod of pcrformoncc SpCC1fied 1n Para!lfllph 10 hereof and, when
lhc County has been quahfied b) HUD as a wban county ne11her
\he County nor the Cuy ma)' tcrminlltc th1! ag:rccmcnt or wsthdraw
therefrom durmg thao penod of performance. provided, however, 1f
the Counly fails 10 quahfy as an urban couniy or docs not receive a
Ci.> grnnt in any year of ohc three Progrant years for wluch II has
qu<1hfied, or if any fcdernl legislauon should change ohe
qualification or enlltle mcnt s1sru.s of the County or the Ci1y, either
pany may temunate tJu.sugrcemcnt or wul\draw therefrom.
b) F•1lure by c1lher pany 10 adopt amendmenll 10 lhis agn:cmcn,
incorponitmg 111 changes ncecssary to meet the rcquiremenu: for
cooporauon agreements set fonb 1n the uroan counoy qualification
nouce applicable for a subsequent ~ year period, and subm111al
or said 1mendmen1 10 HUD as provided ,n the urban couruy
quahf,caoon nouc, will void 1h111gn:cmcn1
c) lltc C11y understands thll 1h, Counoy IS aubJCCt 10 budget changes
as a rcsuh of federal legi,lauon, and that ohe Counly 1s nol under
o~hgalion to allocaoe • cons1an1 amouno of COBO funds 10 ohc
Cily for use in proJCCOS supponed by ohe CHy. The Coun1y,
however, agrees to nooify ohe City of the nmouno of CDBG funds
des,gnaled for use on C11y endorsed µrojcm
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di If the Ct1unty qu1i1fies as an urbzm count) a.nd the Cr)· Iii mdudrd, dunng the tJvu Program years for v,iuch the Count)' hos quahficd, the parucs as:;,cc not to velO or oth~,se obsLl"Ui:I the: ,mplementauor. of the •wm•ed Five Year Coll$0hdtued Plan dunng that thr-..c year pcnod and for such addouonal ume as mty be rcquued for th<: cxpenduurc of funds granted for that pcnod
IS WITNE5S \\'HFREOF. the panics herc10 havr cuu11;cd th.ts agreement t<' be dul! 3Uthc,nu:d ,rnd • Cl.e::::cd b) :a.th on th!: d.ltc s~ec11icd 11.S follows A:ap,hnc Counoy S1.iu:ure,_ __________ _
Si.<ar. Beckman
Chon or the Board of Counoy Comm1ss1oners
ATTEST:
S111na:urc =------------
NaAC) A Doty
c:al< oo the Board of Caunoy Comm=
Cuy of Englewood
s,~na,arc ___________ _
Nam,: .;ames K, Woo~w __ a_r_d ___ _
Mayo, of Enslcwood
A7TEST
s,~na:ure ___________ _
!',;am, Loucr ishia A. Ellis
Co:) Clerk
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ORDINANCE NO. SERIES OF 2009 COUNCIL BILL KO. 27 l~TROOIXED BY CO\Jl\ClL ~!EMBER ~IOORE AN ORDINANCE AUTHOR!Zl:S:G Tl IE ACCEPTANCE OF A VICTIM ASSISTANCE LA\\' E:-'FORCEMENT (VALE) GRA.','T FROM THE \'ICTL\I ASSISTANCE L\\I' E,'FORCEMEJ\T BOARD OF TIIE 18TH JU)ICIAL DISTRICT
WI IEREAS, the Cny of Englewood Safe1y Service Department app lied for funding under 1hc
VALE Grants Program 10 be used for funding the Vicliml\Vimcss Program in 11\c Englewood
MumcipD! Court: and
WHEREAS, the Victim Witness Program in the Englewood Municipal Coun ha, sCTVed the
victims ofdomes1 ic violence since 1990: and
WHEREAS, the Cuy of Englewood has prC\1ously applied and been granted \I ALE Grants
for 1hc years 1990 through 2008: and
WHE REAS, 1he sin ff seeks Counci l approval of an Ordinance accepl ing a 2009 VALE grant
funding in the amount ofS16.740, forihe pcnod of July I, 2009 to June 30, 2010:
NOW, TIIEREFORE. BE IT ORDAINED BY TIIE Cm' COUNCIL OF TIIE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS·
~-The Cily Council of1hc CnyofEnglc"ood. Colorado hereby aulhoriics 1he
acccpUUlCC of 1he \' ALE Grant and accompan}ing mt ergo, cmmen1al agreement. a copy of" h1ch
is marked as .. E,h1bil A" and attached hereto.
~. The City Manager, 1hc Ch ief of Pohcc and 1hc Dircclorof FinanceAdnunistrativc
Semcc.< are hereby authonzed to <ign said VALE Grant and acc<>mpany,ng 1r.1crb'O'cmmen1al
agrttmenl on behalfof the Cit) o f Engit"'ood
Introduced, read in full . and passed on first rcadmg on the bl day of June :!0OQ ,
Pubh,hed as a Bill for an Ordm,1ncc 1n 1he Cny ', nfiicial nt" spap<'1' on 1hc s• day of June, :!OO'l.
Published as a 8111 for nn Ordmancc on 1he C 11) ·, Mficial "cbsnc beginning 1111 the J" day of
June, 2009 for 1hiny (30) day,,
Read b} 111le and pas>Cd on tin.ii rc:whng on 1hc 15th da~ of June, ~(1()9 .
9 b ii
Published by 11tlc in lhe Cil)'S officrn l newsp3pcr as Ordonn nce No _. Series of2009. on 1he 19th day of June. 2009 ATTEST-Jam<'\ K Woodward, Ma) or
Loucrishia A. Elli s. City Clerk
I, Loucrishia A. Ellis, C11y Clerk of the City of Englewood, Colorado, hereby cenify that the
above and foregoing is a 11\lc copy oflhe Ordin.,nce passed on final reading and published by
1i1lc as Ordinance No._, Series of 2009 .
Loucnshia A. Ellis
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• VICTIM ASSISTANCE AND LAW ENFOR CEMENT BOARD CONTRACT Pursuant to the Assist,nce to Victims of and Witnesses to Cnmes and Aid to Law Enforcement Act, Article 4.2 Title 24 C.R.S .• the Vict im Assista nce and Law Enforcement Board of the 18'" Judicial District has made the following award:
Grantee Englewood Department of Safety Services
3615 South Elatl Street, Englewoo d, Colorado 80110
Grant number. 09-38
Project Tille: Vi ctim/Witness Advoca te
Purpose of Grant Funds . Law Enforcement V1ciim Services
Services/Equipment Be ing Funded : Portion of Salary and Benefits for Virt:m Assistance
Advocate
• Grant Period : July 1, 2009 to June 30. 2010
Amount of Grant Award S16,740.00
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Quarterly Installments: Four (4 ) Quarterly Pa yments or $4,185 .00
BE IT UNDERSTOOD THAT.
(1) All disbursements of awards are conting ent upon th e availability of VALE funds.
(2) The contents of the grant application will become contractual obligations of the grant
recipient and are incorporated into this contract as if fully set forth herein.
(3) The grant rec1p1ent is required to submit Flnancial Reports quarterly· October 30. 2009,
January 29. 2010, Apnl 30. 2010 and July 30. 2010 for funding for 2009/2010 The report due
on July 30. 2010 shall be the yea r-end report The VALE Board will provide Fi nancia l
Report ing Forms. Granl recipients are required to use these forms .
(4 ) The grant rec1p1ent 1s •equired to submit Program Reports on: January 31. 2009 and July
31 , 2009 for funding for 200812009. These reports must address any special conditions l hat
are listed in this contract. The report due on July 31, 2008 shall be the year-end report . It shall
show totals for the entire year and must address any special cond1t10ns that are listed in this
contract. The VALE Board will provide Program Reporting Forms. Gra nt recipients are
required to use these forms
A
Englewood Department of Safety Services 09-38 Repons shall be sent to : Tara Lassiter, Grant Evaluator VALE Board District Attorney's Office 7305 South Potomac Street, Suite 300 Centennial. Colorado 80112-403 1
(720) 874-8608
(5) Failure to subm it these requ ired reports on the dates due may res ult in suspension of the
grant, terminat ion of the grant, return of awar,ded funds or the loss of future fundi ng by VALE.
(6) Special conditions for the award which have been stipulated between the VAL E Board and
the grant recipient are as follows·
NONE ., .
(7) Any equipment purchased with VA LE funds must remain with the grant recipient.
Equ ipment must be used for the purpose designated in the grant app lication. Any use by
others or transfer of ownership must be reported to the VALE Board, in writing, prior to the
occurrence of such use or transfer. The Board may approve such use or transfer or may
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request return of the equipment. •
(8) &rL change In the use of grant funds shall be approved by the VA LE Board. The request
for such cha nge shall be In writing . Appro va l of the VALE Board shall be obta ined prior to any
such use.
\ 9) Amendment of any other terms of thts contract shall have prior approval of the Board.
Requests for amendmen t shall be In writing .
(10) The grant recipient shall submit writt en notifica tion by Jun e 1, 2010 to the VALE Board if
the grant recipient will have any remaining funds at the end of th e grant period .
All unused funds shall be returned to the VALE Board unless the grant recipient makes a
request 1n wntrng for use or the funds beyond the grant period and such request has been
approved by the VALE Board
Such requests sha ll include·
The amount of remaining funds
How the funds will be used
When the funds will be expended
Why the funds were not expended .
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Englewood Department of Safety Servi ces 09-38 Upon receipt of the request, the VALE Board shall decide whether lo grant or deny the request without further presentation or heanng. ( 11) The grant rec1p1ent agrees that all funds received under this grant shall be expended
solely for the purposes stated above and that any funds not so expended. Including funds lost
or diverted to other purposes, shall be repaid to the VALE fund .
( 12) The grant recipient agrees to comply with the letter and spirit of the Colorado Anti-
discrimination Act ol 1957, as amended. and other applicable law respecting discrimination
and unfair employment practices (C.R.S. Sec. 24-34-402) and required by Executive O rder,
Equal Opportunity and Affirmative Aclio, , date April 16, 1975.
( 13) Non-compliance with this contract may include failure to submit reports. making
unapproved changes to the budget. performance failures or adherence to special conditions,
Non-compliance with any portion of this contract may result In:
Suspension or grant funds
Termination of grant
Withholding of runds
Requiring grant recipient to return money to the VALE fund
Other action as deemed necessary by the members of the VALE Board
Any comb ination of the above.
(14) All grant recipients shall make available to the Board or its authorized designee all current
books. records . procedures or other 1nlormah()n relative to the grant application and
implementation.
( 15) The funds granted by this contract for Victim Services shall be disbursed in quarterly
installments pending VALE Board approval of all required reports and verification of expenses .
The funds granted by this contract for equipment may be dispersed by a single payment for
the full amount. pending VALE Board approva l of all required reports and verification of
expenses
Englewood Departme nt of Safety Services 09-38 The grant rec1p1ent . through the following s1gnatones, understands and agrees that any VALE monies rece ived as a re sult of the awarding of the grant application shall be subject to the terms of this contract
Proiect Director
Tom Vanoermee, Police Chief
Financial Officer
Frank Gryg l.awicz, f · /A$ Director
Authorizing O ffici al
Cary Sears, City Mane 9 e r
Adrian Unell
Chair, VALE Boa rd
Date _________ _
Date _________ _
Date _________ _
Date _________ _
P.ulhonzed Offic,at The authorized omc1al Is the person who 1s, by virtue of such person's poslllon, authonzed to
enter Into contracts for the grLnl reclp ,en t
Thos could 1nc1ude· Mayor or City Manager, Chairperson of the County Commissioners, District Attorney, President
or Chairperson of the Board of Directors, Superintendent, o, other Ctuef Executive Off,cer
F1nanc,al Officer The person is respons,ble fa, all financial mailers related to the program and .mo has
responsibility for the accounting. managemen t of funds, venr,calton or expenditures. audit ,nformalion and r,nancIal
reports The person who ac:ually prepares the finical repo,ts may be uflder the supeMs1on of the Financ.af
Officer The Fmaooat Office· must be a person other than the Authorized Off,c1al or the Pro1ect Director
Pro1ec1 Director The person .vho has d,rect respons1bihty for the ,mplem entallon or the p,ojeCI This person
shOuld comb•~e kno1,ieoge a-id e•penence m the p,Ojeci area with abil.ty to administer the pro1ect and supervise
personnel He she shares resoons 1b1hty with the f1nancIal Off,ce for seeing lhal all exoend ,tures are w1lh1n the
approved budget This persoo w1H normally devote a ma,0< portJon of his/her hme to the prOJCCI and 1s responsible
for mee1,ng all reporting requ rements. The ?ro1ecl D1,ecto, must be a person other than the Authorized Off1C1at or
the F,nanc,al Officer
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BY AlITHORrrY ORDINANCE NO. SERIES OF 2009 COUNCIL 1311.1 NO 18 11'-TROOUCEO BY COUNCIL MEMBER OAKLEY AN ORDINANCE APPROV ING A LICENSE· CITY DITCH CROSS ING AGREEMENT. A:-1O A TEMPORARY CONSTRUCTION EASEMENT BEnVEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE PROPERTY OWNERS BRAY AND ROTBERG .
WHEREAS, the Brays arc 0\\1lt:n \\ith Rotberg:s of n:al propeny at 2890 S Clarbon.
Englewood. Colorado; and
\\1-!EREAS. the Brays remodeled their propeny located at 2890 S. Cllllkson and requested a
temporary construcuon agrcemm1 10 install a retaining wall and fence witlun the City Ouch
ngh1-of-way, which the Englewood City Co:incil approved with the passage of Ordinance No. I.
2006;and
WHEREAS. at the conclusion of construction of the fence and retaining wall, the owners
•borecd 10 a relocation of the City Ditch right-of-way in the co ns1ruc1ion area and o clarifi cation
oflhe City Ditch righ1-of-way across the enti re propeny at 2890 S. Clarkson; ll!ld
WHEREAS. the Brays plan 10 install a tum-gate for potenual Cny Ditch wo1cr, purchased
from the Den,·cr Water Dq,anmcnt, across and adjacent to Englcwooo·s Cuy Di1ch right-of-way
which will be used for imga1ion by the Brays: and
WHEREAS. the l.Jccnscc expressly assumes full and s1rie1 hab,luy far any and all damAgcs of
evCI)· nature 10 person or propeny caused by the point Cir points where the Liccnscc performs any
work m connection \\ith the encroachment ,mo the Cny Ditch nglu-of•\\ ay provided by 1he
Licensee; and
\l,l!EREAS. the City reserves the nghl 10 make full use of the propcny necessary m 1he
opera1ion of the Cit y Ditch, including the conveyance of stormwatcr runoff; and
WH ER EAS. the City retain s oil rights 10 operate. maintain. install, rcpw, remove or relocn1c
any of 11s fociluies located wi1h1n the City', right-of-way: and
WHEREAS. the Englewood Water and Sewer Board recommended C011ncil approval by
Ordmance of the License Agreement, and Temporary Construction A1!fecmcn110 encroach 1010
Englewood's Ditch casement a1 :?890 South Clarkson Su-cc, for the ,ns,allauon or a 1um-ou1 gate
\\h1ch \\tll be used for imgauon b) the Bray·s, al their December 19. 200S mecung:
NOW, lllEREFORl:.. BE IT ORDAINED BY THE CITY COUNCIL OF THI> cm· OF
8-IGI E\\'OOD. COLORADO. fHA T·
~ The Cuy Council for the Cuy ofEnglewood. Colorado, hereby approves the
Licen,c -City Ditch Crossing Agreement. and the Temporary Construction Easement bct\\een
the C11 y or Englewood nnd Dinn.a nnd Leigh 13roy nnd Eugene and Iris Rotbcrg for the
consiruc 1ion of a 1um-ou1 ga te in the City's City Ditch righ1-ol~way. auachcd as Exhihi1 s A
9biii
and B SC\'uon 2. Th• Clm1nnan or the Lnglc"ood \\'ater and Sewer Board and Director of Utihuc, arc hereby authnntcd to sib'll said License Agreement and Tcmpornr)" Cons1rue11on Agreement for said propeny. lmroduced , rend m full, nnd pnssed on fi rs1 readi ng on 1he I s1 dny of June. 2009. Published as a Brll for on Ord inance m 1hc Ch)"s official newspaper on 1he s" dny of June. 2009. Published as a Bill for an Ordinance on 1hc Cny's official website beginning on 1hc 3rd day of
June. 2009 for 1luny (30) days.
Read by 1111c and passed on final reading on the 15th day of June. 2009
Published by ulle m lhc Cny's officrol newspaper as Ordinance No._. Scncs of 2009. on
1he 19th day of June. 2009
James K . Woodward. Mayor
ATTEST:
Loucrishia ;._ Ellis, Ci1y Clerk
I. Loucrishia A. Elhs. C11y Clerk of the C11y of Englewood. Colorado, hereby cenif)• 1ha1 the
abo,·e and foregoing 1~ a true copy of 1hc Ordinance posscd on fmal reading and pubhshcd by
1illeas Ordinance No ._. Scncsof2009.
Loucrishiu A. Elli s
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THIS l.lCENSE AGREEMENT m,1oe an<! entered mto •• ofth .. ____ driy of ______ 11lQ3 by and between the CITY OF ENGLEWOOD, a wurucipal cr:-porauon of the State of Colorado hemn ,.(erred to•• "City•, and WlTNESSETH The C11y ,..,t.hnut any warrant}' of 118 utle or 1nwro•1 whntaoe,·or, he"by .iuthonzeg LaccnlM!e, 1u wct.e.uor, 1t-u.1gns, tc lJ16talJ an ""3* x 5nlc,
over th• C11~ nJh18•of-,.,ay for the Cuy Du.ch, descnb,,d as a parcel of land 11tuatcd m t.lo _
5,TuJ;hX4.(\. o:i¼ llt"I•''~ ,f~sw,ya.+<!'H4 I,},) Yy ofScc:tion 35
TownRhlp .........!:J....~----------Range 6 ~ "'trc nf I"'
----,---,---,----:----------P,M., County of Arapahoe, Stal<! of Colorado deacr1hed •• follow s
J81u r. clwk-••-r1--
G'fl4"i.-.,I), c" wr,113
I Any consiruc'tlon contemplated ~r performed under this License shall comply w11h and
c-,nform to st.ando.rds formuloted b) the Dl!"ettor oJ Utihoe• of the r.ity and such conBttucoon
•hall ht perfonued and completed accordmg 10 u,, pla11S, COnB150n£ of one ■heel. n copy o!
which " nttached hereto and wade • part hereo:'.
~ Tht ;..ic,msee shall noufy the C1ty'1 Dired.or ,f llt,hlJt:s ol lcw,t lhree (3) dayo pnor to th,
ume of c:<,mrnencemenl of 11K, c,,natruct.iun of or any repau•s mnde to. Lirensee's ___ _ Ir•~., ~-.le
-,----------:,--------------l!O that the Cll) m■)', rn 1u rli.,,.ellon. 1n•pe<"I such oprr&llona
J Withrn thU'I)' 130) day• from the dnt.e of the oommencemeol of construcuon uf ••id __ _
·,.,,..,..,.,. ~r.Je
Lho L1t1ln1N• •hnll comvlote ouch eonstruc11on, plact and mamtnin permanc·nt, 11~1hlr
mnrlrera, of n lJ1>• and at auch locat,onsas designated by lbe Crty'• Drrecl<lr of Utihtico,
rcfcrnng"' the cenwrhne of the in~t.allauon and shall clenr tire crossing nr<u of e ll
canat.ruct.1011 dc-hr1A und rust.ore the ares to 11.s previous r ond1bon na near l\s mtty be
rcuBOnablc. l n the event t,he p ·•ing oft he centerline mnrkers nnd the clearing und
rca10rat.ion c,f tho cro•sinc Arcu • nol romplol.cd within the Lune spel!l fotd, the Coty mn,v
com)Jlctc Lh~ wor k RL the sole expe nee of the Lrccn•ee.
~. The City •hnU ha,,e Lhe nght t.u n1n111 to in, , ... Lall, i·cpnri, remove or relocal.e Uie C1t.y
D,l<!h or nny othcr of "" focihhes or in•to ll ~tiona wrt.hln the C1tr's right.-of.wuy, st any 1.11110
and in •urh rnnnnor As the City drem• neCt>ssary or convenient. '!'he City reHcrvea t.he
rx:!us1,•t-:-1►h~ l~ Ct'.'\n:.:-d 11111 t .i . ~-m~•nu 110d trut.aUataons !r. the e,\~!'lt thr-h\1'£>;.H ;,di ________ &11ould :.m.,rfert tA•Jth an)' future US!' o! :.he r.ny ·'i r11!hn-ct-way by • he Cit.~• Lhe L1ce nst1e ahall UJ.•On requt.ist nnd ot us 'fO!e ex:penF~ relocat• retirrang:f!, or ttmo"e its msuilla:.1on~ so o.r,, nnt tn interfere WJt.h any auch u.se ~-Any rc-patr or repla crment nf nny City JnJ;t.allatJc,n madf" nece<isan1, m 1.he ~~nion of the City's Director of Ut1Jrnee bec&uh~ of the c:unscnactio n of the \,~')!:I½ 1•~ ----------:---c-------------or other appurtennnt rn•tallauon thereof, shall be made nt tho sole expenee of the Licensee
6. The st1pulanon and conrl1Uons oftru• lacense shall be rncorpornled int<> r.on1r;ict
IJll!CUICIIUons 1fthe constructaon hcr,,n oulhoriwd ,st<> be done on ■ contract bao!S
7 The rights and pm,leg .. ~ranted 1n 1.!111 License shall be subJect 1./l prior •!IT'·ewents,
l:icen90• and/or grant&. re.."Orded or Wlrocorded. and 1t shall be the Licensee'• 10le
responmbihty LO dctermme the CX11tence of an,d documents or confhr-.Jn g 11101 nr
1n1tall•tions.
8. Tbe Licensee shall contact and full y COOJ)orate with the City's per10nnel and the
con•lruction shall bu oomplct.ed w1thou1 mwrfercnca wi th eny lawful, usual or ordinary Oow
of wawr t.hrouch th< Cit)• Di t.ch. L1ceuooe l!liall assume all risks incident to the possible
pre.,.,nce of such waters, or uf al.arm wat.en. or of surface wot.en in the Cit)• Ditch.
9 All trene-½es or holes within the C11.ia r1ght1-of-way shall be baddilled and tainped 1.o the
or1g1na 1 ground bne m leyers nN to cxcee mx (G) inches loost me.a.surf to a con1p1.::::t10n uf
runely percent (~O'li) Standard Proct<>r Mu1muw Dcnmy
10. Licens••· by aa:epi,nr,, of uu, !.1cen•~. urr◄es,ly n"8umeo full anri 11rm hab1hty for
any and al! dama~cg n! PVUI')' natwt I<• per>0n or i,ropen.y cau..--d I,,• water from the dn,:h
l•akmc throuch the ditch banb or p1pehn• at thP pomt or pomu wht-tt tht L,ceno;ee
pl"rlorm, any work m connectu,n w1t..b th•· cro•m~ prn"1ded b,· 1h1c-L1Cl.•n Th LJC'l'DIP<?
H&.-.wnee all respon&Jbi11Ly for D>RJnt.eMnct: of the U1St.:,llauo:1.
IJ. L,u.neet· shall i11dcmuify onu HR Y• hurmless the Cny, ,ts officers and ~,npic,yees ,
u~«inst. any e nd all claims, domu1:U:B 1 occ..'tnnu; or ~uses (lf action .:md expenat:tl. Lo wluch Jt
01 they msy be subjected by rea•on of •R>~ 11-.,;s,""m:,. ~
hrrnG w1lhin and across nnd und1n· tht prcm 18ct of Lhc City or by 1•pnoon of nny we.wk Jone or
om1 ,:sion mJde by Licensee, its ncen1.a or Unl1JI0)1ecs. m <.-onnect.1on with the const.ructfon,
rrplaccment, m1unt.enance or rt!11n1r ofsn1d mst.ttllat.1on
12 It ,. cxprcs.sly og1-eed that ,n CllfK' or 1 ..... 1t•e .. ·1 brench of any of ,1.-wit hrn pT'm1sea. tht
C-1ty may, at 1ta opUon. have •JK'CUJC p,•rformnnce LherNf, or •ue fordnmnge,, repulun~ from
such breach.
13. li11on abandonment uf any n;:ht ~r pnv1lcge herein tranied, 1.h• r,gb1 of L1.•en••r lo that
utent &haU term mate. buL 113 0Lh~at1on to mdcmrugy and save harmlen I.ho Cn~•. 11.S
offictre and e roploye,•s , ahnll not ternunat.c m ony event
In granting the above euthorizat,on, the C1ty rcserl'es the right LO mnkc full u,e oft.he
µroperly rnvolvNl as may he• nPres~ary or c.:1nvemen.l 111 th~ opc roti on or lht: weLcr worke
plnnt nnd system under the co11trol 11f 1.tw C,:y.
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In gmnuns 1he aoove outhonzauon, the Cny rcscr :he right 10 make full use of the propcny m,·oh-cd :is may be neccss~ or C(lm·cn, m the operauon of 1he waler worl:s plant and system under control of the City. IN WITNESS WHEREOF tlu~ mstrumen1 has been executed as of the day and year first abo,•e wnncn
cm· OF ENGLEWOOD
By. _____________ _
Stewan H. Fonda
Director of Utilities
City of Englewood
By:-,-,-,,-----------
Cbainnan
Englewood Water and Sew~r Board
The undersigned officer of _______________ hus relid the
foregoing License and agrees for an on behalf of said
---.,--,.,.,..-:-,,-.,.-,,..,------:--7.-:-----,-----=------thnt ii will
acccp1 and will abide by all the terms and conditions thereof.
LICENSEE:
Pho ne: ----"-0-=-O..._j_·--'-f,.,,6..::;Z_·:::..tJ'-,_("",O""'-__
'-'iv Gomrnf~•lon r-~Dfres OCl'.!4t.!o10
Tl , iJl)lng ln~rumenl wos Od:nollledged
be• •Mf>lhis 1::,..-day ot ~,t.«.r ~
by]:: ,1-1\A, lhrn.L7;f.:'°1.e-1~ · f6ro '-;..i-
~,,,oss my linnd andolfl:iJ?seal Cl
~~
l.n grun ting the above authori7.mion, Lhc Ciry reserves !he tight to make full use of the propeny iovolved as may be oecessnry or convcoient ut Lhe operation of the water works
plant and system uadCT control of the C11y.
IN "'ITh"ESS \VHEREOF this mstrumcnl bas been executed as of the day and
year first obove wrincn.
CITY OF ENGLEWOOD
B~--=---:-:-=---------Stewart H. Fonda
Director of Utiliti es
City of Englewood
Br --=.--------------Chairman
Englewood Wates and Scwc:, Bonni
The undersigned officer of·-,,------,--,-~------
foresoing License and agrees Co, nu on hw1aJf of said
accept and will abide by all lhu lonns nnd conditions thereof.
LICENSBE: ~ {:_ , t-. ..(;;,½
~
B)~ / n5 C i'otklj Z:y,11: /J ,-r1J~
Title: O,.cJ,lf:e l'u1y,--
Addre,;s: tJ. If &,d,,r.,,J /(cl
/ -<--"----
&·hn1,,, ..lfD ;Jtify/
I
Phone: °501-o/B-cnts
bns r'!Ad the
lhntilwill
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• LElqH ., biAIJl/ BR ,1Y z 890 s Chr~~1 "7t" [11ql,ivo«/ c.o lj ge,/ /?:, ( .:£•3) -1-62 04-=C, -ll'ALl' IJlllC[ ,,..-.-. 4-8 ' B-1dr.e to 1;..Me,, CMtrc/ {iate
. I '· ·, ·. 1¥
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u~fMa I: OIRCCll(W A!OII l'l. nl'ICIL
CTDBER 01, 2007
t 11£ SOUTH 264 FEET Of lflE lt'ljz Sll'l/f, NWl/f, NWl/4 (F aw. EXr:EPT THE IIEST JC FEET. arr <Y" EMUllOOO, cowrr !Fcn:®DQ.
• 1HJS SURI{)' D0£S NOT CONSllTUTE A lln.E
Sf/R1£11NG, lfiC., HOR K~S A lln.E Pa.JCY PROVIDED.
T/ON OF RECORD SHO'tm H!REOH WAS O!JrAJNED FROU TY RECOiWs.
N.IIY
(16' ROW)
---
8/11£$ AIE)U
(20' 1/0WJ
NOTF.s:
,--r
IHP::lQ5/J/fql GRS NQlKl:_
COIIIJE:NCE ANY L£GAJ.. ACTION B.
l+fTHIN THREE l£ARS AFTcR YOU
MAY ANY ACTION BASED UPON A
MORE THAN TEN lfARS FROM n,
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TEMPORARY CONSTRUCTlO1' EASEMENT This Temporary ConslTIJction Easement {the Temporary Easement) 1s entered 110 this_ day of ___ . 2000 by and berwcen the City of Englewood, Colorado, a municipal corporaoon of the s1a1e of Colorado, actmg by the through us Water and Seer
Board (Grantor) and ---ro~--------------~Sll:\l'.tl'AN>j\ll¼ll-§.\fe 'ttJ..ri l~s fof'b (Grantee).
WHEREAS, The C11:y of Englewood owns a right-of-way for the City Ditch, a cnmer
ditch (City Ditch ROW) which is located as described on Exh1bu A.
~~""'!J:F.:::::J-"7',!.!:lgl!!:>..!(al.=-1-/ ~Ji~ install a11 ____ _
....l.!..:..:_;~~~=--:----:------within the City Ditch ROW
NOW, THEREFOR£, 111 consideration of the mutua l covenants oftbe parties,
more particularly hereinafter set fonh, the adequacy and sufficiency of which are hereby
acknowledged, it is agreed as follows:
I. Temporarv ConstTUcnon EasemenL Englewood (as Granlorl hereby grants
to L ~ 0 8 '49 t [ 1-I kib.'.11,-(as Grantee), us successors, assiSlJS,
contractors, and sub-oontract~, a non-exclusive temporary construction
casement through, over, under and across the C11y Ditch ROW for the
instalfauon ofan !M•(=hn• '¥" ___________________ pursuant 101
license agreement (lhe ProJect).
2. Tenn of Easement. The Project will begin no sooner than _____ and
will be completed no later than _____ . Compleuoo of the Pl'OJctt
will be deemed 10 have occurred upon inspecuon and approval of the Projec:
by Grantor llDd this Temporary Easement will be deemed 10 have 1enninated
upon such complcuon.
3. ~-Grantee shall have the lemporary non-exclusive right 10 enter the
City Ditch ROW for any reasonable purpose necessary or prudent for the
construc11on of the Project subject to the following resmcaons: I) normal
working hours shall be consistent with CDOT construction hours, Monday
through Fnday and 2) lhe operation of equipment and heavy trucks will be
pcrm1ned on the Englewood C:ty Ditch ROW only during normal working
hours .
B
4. R~tor:mon. Upo n completion of the Pro Jee~ Grantee will perfonn sucb • n:s1ora1ton and regrading as is nccessa,y or pruden1 10 restore the surface area of1hc C1ry D11ch ROW IO us original condrnon. 5. lnd:mncfic:mon. Grantee , to the extent penmncd by the Jaws and cons111unon of the Slate of Colorado. hereby agrees 10 be liable and bold barmless the Cuy of Englewood, its employees, 1enams. and guests from any and all claims, causes of action, and liability which may occur as a result of the negligent or wrongful acts of Grantee in the coostruction of the Project,
mcludiog the cost of defendmg against such claims.
6. Li abil itv. Gran1ee hereby acknowledges that it uoderscands thaJ there is wa1er
flow m the City Ditch from April I 10 November I of ea ch year and that ii
will assume liability for any damage to adjoining property caused by water
now resulting from damage ro the City Ditch caused by the Grantee's
construction activiues.
7. ~-Grn mec shall maintain in full force and effect a valid policy of
insurance for the Projec1 in the amoum ofS600,OOO.OO property coverage and
$600,000.00 liabil ity coverage. Granree funber agrees tha1 all its employees,
concraccors and sub-contractors working on the Project shall be covered by
adcqua1e Workers Compensation insuranc:.
8. Assignment. Thi s Temporary Construction Easement is assignable only with
tbe wnncn perm1ss1on of Englewood, which pcnn1ss1on will not
unreason~bly withheld. conditioned or delayed.
IN WITNESS WHEREOF, the parties hereto have executed tlus temporary
construrnon Eascm:-nr on the date and day first wrinen ahove.
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In granting th e above authonzauon , the C11y rcsCl'\'cS the right to make full use of the propeny m\'olvcd as mal be neussary or com·cn,cm u1 lhe operation of the waler works r lan1 and sys1em under comrol of1hc Cny IN WITNESS \\'HEREOF this insu,,ment has been executed as <lf 1hc day and year fi rst above w1111en,
CITY OF ENGLEWOOD
By_,-____________ _
S1ewart H. Fonda
Director of Utiliti es
Ci ty of Englewood
By_-=---:-------------'-Chairman
Englewood Water and Sewer Board
The undersigned officer of__,:----,-,-.,..,..-,--,--,--------has rclld the
foregoing License and agrees for an on bcl1alf of said
---:--c;c,--:-:-,--,--,.,.-,----,---:-:---:----:------that II will
accept m1d will ub ide by all lh e 1erms and cond11i ons tl1ereof.
LICENSEE:
ar Ocwft ~
Tulc. (,4,
Address. ~~'JO . ( /r(,tJ-,_ J;
~tff',/ I fa f0//3
Phone: 3/J3-16z-c)l/5()
~
My commi ssion
Illy r .onvr,:151on L"vnrres OC/241201 o
In granting tbe abcwe autho:-ization, the Cicy reserve.; U,,. right 10 make full use of Che propeny involved QS may be nec.essary or convcniea· h tbe operation of the water worlcs rlanc and system under control of the City.
CN WITNESS WrlEREOF this i nstrun,MI ',PS been exeeincd as of the day and
year fu-st above wrinc:n.
CITY OF ENGLEWOOD
By:-~---,------:--------
Stewart H. Fonda
Dlrcclor of Utilities
Ciry of Englewood
Ry._..,.....,. ____________ _
Chain.um
Englewood Wate: and Sewer Board
The undersigned officer of_-=----:-,c-:-,:--::--:-:--------hl!S read the
forci;oing License and agrees for an on behalf of said
----:--::,,...-,c-:--,---:--~------,--,,...,---:--=-------thal It MIi
accept and will abide by all the terms and conditions thereof.
(~
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My commi~siory -expircs:
,/,,,//j~
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• r 70P Of BANK (TYPICAi.)
'CTOBER 01, 2007
SlfOIW
~ TH£ SOUTH 264 FEET OF 11/E: ~1/4 Sll1/~ NWl/i Ntll/1· W
1111:, EXC8'T ":E 16T J/J ff£T. arr OF 8.'!UllOoo, CWNrr 'Ir CXl®Do.
~ 1/1/S SURVEY DOES NOT CONsTITU'fE A 11n £
SURVfYING, INC., NOR WAS A 1111.£ P(IJCY PROVIDED.
TION OF RECORD SHOltlv HEREON WAS 03rJJNEI) FRO!./ TY RECORDS.
A4.fr
(16' ROW)
_,_ -r
BA ltS Al£N:Jf: I
(20' IIOW)
NOTF.5:
1J-.80...tf/51Jl/ol C.Rs, NQ1IC£•
CCIJJ.tENCE ANY LEGAL ACTION B.
MTHIN THREE l'rARS AFTfJ1 YOU
MAY ANY ACTION BASfl) UPON A
MOR£ THAN TEN lfARS FROM 11,
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COUNCIL COMMUNICATION Dale: Agenda It em: Subject: June 15. :009 9cl Motion to approve an agreement with Am eresco, Inc. for performance of a Technkal Energy Audit for the Waslewater Treatment Plan Initiated 810 l Staff Source:
LIE \\ as1ewater Treatment Plant Chong \\'oo, Proiects Manager
COUNCIL GOAL AND PREVIOLIS COUNCIL ACTION
Col\• Council has expressed strong lnl•rest In promoting energ'! eftociency and ahematr. e and
rene,• able energ\. Last year, stafi in,uated efforts to address energy eftlclency and to de, elo~ a
plan tor implementati on of "Green City" inltiat~es. To that end, City Council appro, ed a
Memorandum of Understanding (MOU) \\1th t~' Govern or's Energy Office (GEO) on October 20,
W08. On May -1. 2()(1q, City Council appro, ed,. Resolution #38 of 2009. sele<llon of Ameresco.
Inc. as the Cit) ·s Energy Services Com pan y. On lune 1 2009, Council approved an agreemen t
with Ameresco for a T echnlcal Energy Audit of other Ci ,v facilities.
RECOMMENDED ACTION
Staff recommends City Council approval, b1 motion, 1or staff to enter into an agreement" llh
Ameresco, Inc. for pl!riormance of a Technical EnerS\ Audit (TEA) for th e Wast!'\, ater Treatment
Plant
BACKGROUND
Last year, the GEO completed a feasilioll ty stu d1• for energy performance con tracting for th e CI I\.
and on Ma\ 4, W09, at staff's recommendation Council selected Ameresco. Inc. lose" e as the
Cil\ s Energy Sel'\1ces Compa m (ESCO). n ,e n,,,t step in 1he process is for 1he ESCO 10 conduct a
Technical Energv Audit ITEAI. The ,1ud,1 will In lude a comprehensi,e re\ie-., of current energ\•
consumption (and enerm-.sa1mgl prd< uces and will oner a preliminary an,1l1s1s of potent ial
me,1sures to r imprm Ing energy,efficlenq, along \\-ith J sa, 11,gs and cost analvs,s. The attached TEA
agreement has been apprm ed by the Gm emor's Enerll' Onlce and Am eresco .. Inc. TI1e specifi cs
oi the audit are outli ned in th e Scope ol Work Included in the agreemen t,
Based on the ou tcome of 111• audit, a fu ll energy performance contract w,11 be de,eloped and
presented for Cit'\ Councils cons,deratoon I)) tall 01 this\ ear.
FIN>.NCIAL IMPACT
Tiie total cost 01 the TEA for the W,1ste-.vater T r..-atment Plant ,s SI 5.54:! The City has applied to
Xcel Energy for a reh,He of o ne•h.lil of th e cost 01 th e aud11 ,rnd will appl1• to the Gmernor's Energy
Oli,ce ior grant 1unding for the other onl'-hah
• UST OF ATTACHME l~TS
Contract fo r Te chni ca l Energy Audit and Project Proposal Littleton/Englew ood Wa stewi,er Treatment Pla nt This Contract. dated .lune . 2009. is cn1e rcd into b, and bel\\ccn :\mcresco. Inc. (hereinafter called "Contraclor"). and the l.ittlcton!Englcwood W~1cwater Treatment Plant, \hereinafter callee! the ·'O\\11er").
WHEREAS. the Cities of Littleton and Englewood ru-e the joint o\111ers of the li11 lc1on'Engle"ood
Wastewater Treatment Plan1. which consumes energy and water: and
\\'Hl!R l:AS. the Staie of Colorado Governor's Energy Onice coordi nate s a program under§ 24-30-
1•101. C.R S .. under which approved entities may contract \\ith local go\'e'11ments for Technical
Energy AJdits nnd Project Proposal s: and
\\'HERl:.AS. the purpose of the Technical Energ)' Audit and Projc.:t Proposal i~ to identify energy
and water conservation measures which. if implement~d. "ill over a period of time justify the cost of
the Technical Energy Audit and Project Proposal: and
WHEREAS. the panics \\ish 10 es1ablish the terms and conditions under which Contractor "i.l
perfom1 the Technical Ener,_. Audit and Project Proposal. compensa tion for which "ill cuhc, ·,
paid through an Energ) Performance Con1ract to be later negotiated or. if no such F.ncrgi
Pc rfom1ancc Contract is entered in10. such compensation will be paid directly to Contractor
NO\\'. TI-IEREFORE. the panics do hcrehi agree as follO\,s:
I. EFFECTI VE DAT E AND :'\OTICE OF NONLIAB ILIT\'.
TI1i s Con1ruc1 shall no1 h.: effccthc or enforceable until it is appro, ed and si~ncd by the O"11er or its
dcsig ne c (hereinalier ca lled the "Effccthe Date"). hut shall be cffec11,c on<l enforceable thereafter in
acco rd ance wi1h its provisions. lbc O"11er shall not be liable tu pai or rcimliursc Con 1roctor for any
performance hereu nder. including. bu1 not limited to costs or e.~pcnscs incurrctl. or be bou nd by any
prO\ ,sion hereof prior to 1he Effective Date.
2. RECITALS
A. ,\ulhoril}, Appropria1lon, and Appro,·nl
Aut horit) exists in the la,1 and funds ha, e been budgeted. appropriated and otherwise made
available and a sutlicient unencumbered balance thereof rcmui ns ovuilable for pa~mcnl nnd the
required approval. clearance and coordination hove liccn ~cco mplishcd from and ,1ith appropriate
elected and appointed O,\llcr oflicials.
O. Purpose and Stat e's Roi,
Pace I of11
Thi, Ct>ntrn,t is for politicnl ,ul>di, 1,1ons 1,, use 1,, nl>tain a technical cncrg) audtt 11f the1r fodlitks from a GEO prc-appnncJ pm a te encr,;1 <en ice comr-~n) (ESCO) rhe purpose of the audit is to Jl<!rform th,• \\'ork set fonh in §6. belo". 3. DEFI NITIONS Inc following terms as used h,·rcm shall be construed :111d interpreted as foll1ms : A . Co nt r act "Contract .. means this Contract. its provisions. annched exhibits. documents ir.c 1rpora1ed by
reference under the terms of thi s Controc:t. 11nd any future modil)ing agreements, exhibits.
attachments or references incorporated pursuant to O"ner' s Fiscal Rules 11nd Policies.
8 . W ork
Work consists of the tasks Contractor is to perform in order 10 fulfill its obligations under this
Contrac t,
C.Goo ds
"Goods" means any physical item used. produced. or manu factured either separntely or in
conjunction with the Work pcrfonncd mnd Services rendered hereunder.
D.Stnkes
"Sen tees" means sen·ices performed or tangible material produced either scpanllCI) or in
conjunction ,,ith the Work performed and Goods pro,·ided hcreur.der
r.. Subcontracto r
l hird-pany ve ndors of goods and lor scn•icc s, if any. arc hereinaticr referred In us
"suhcontractors. •·
F. Parties
"Purty"' or ··r:tnic<· mean~ one or h<11h t1f 1he (hrncr 'Ind Contractor
4. Tf.RJ\I and EARL\' TER.\1INATl0~
A . lnil ial T erm -Work Co mm cnc emcn.
I he initia l 1erm of this Conrract shnll commence on 1he later of either 1hc l::ffcc1ivc Date and
terminate upon completion of Work, unless sooner tem1i na1ed as provided for below, herein.
Pcrfonnm1cc of the Part ies' respective oiiligotions under this Contract shall begin os soon as
rr:1c1icahlc follo wingco mrncnccrncn1 of lhc in itial 1enn.
8 . T emporar,· Ex tension
,\1 ns sole discretion. the O" ncr. upon wrmcn noucc 11, t on1rac111r. 1113) uni lmcrall) ex tend 1hc 1enn of 1his Comroct for a period nul 11, c,cecd t\\0 months if the l'.inies arc ncg,,tiuting a replacemcnl contruc1 (:tnd 001 mcrd) seeking a term ei,.1ensionl al or near the end of any ini1iol 1erm or :tn ex tension !hereof. The proYisions of the Com met in cl ICCI \\hen said notice is given. including. but no1 limi1eJ to prices. rates. and dcli,eri requircmenl5. shall remain in effect during soid l\\o month cx1ension. lln\\c,er. the t110-mon1h extension shall immcdio1cly tcnninatc when and if a replacemen t contract becomes elTcetiYe following 1hc Owner's appro"al and sigruuure. C. Early Termina:ion
llm Con1ract is subject to early termination in accordance \\ilh the pr1w1sions of the Remedies
$ect ion below herein.
5. STATEMENT OF WORK
A. Work
Contractor shall perform a Technical Energ) .\udn 01 the loca1ion(s) lis1cd in Exhihil C. aunched
hereto and incorporated hi· reference in acco rdance with 1hc Scope of Work described in Exhibit
.-\. nlso attached hcreio and incorporated b) reference herein. The panies ackno"ledge lhnt
Fxhibit C may be modified 10 include and exclude locations. bu1 all such modifications shall be in
\\Tiling and execu1ed b) both panics before such modifications are deemed eITecti\C The audit
shnll delcnnine the feasibilit) anJ cost of implementing cnerg) anJ wmer sa, ing measures for the
O1111cr and, hased on such dctcm1ino1ion. Co111rac1or shall submit a Project Proposal setti ng fonh
a plan for implementing such measures through an Energy Pcrfom1ancc (onlroct. O\\11er shall
ackno\\ ledgc ncceptonce of the Te~hnical Fnc rg) Audit Rcpon in a fom1 ,ubs1an1 inll) simi lar 10
bhibi1 B mmched hereto. Acccptw1ce of the Technical Energy Audi1 Repon shall 001 be
c,,nslrucd as acceptance of the Pnijcct Proposal. but is simpl) ac~nowledgemcnl 1hat the
Technica l Ene rgy Audit Rcpon has been rcccil'cd and acccpicd h) O1\11cr. Owner shall sec 10 ii
1hm the :-.lmicc of Acceptance of Technical Encrg) Audit Rcpon ll xhibit Ill is received by
Contractor \\ithin 1htn) 130) dairnf(h11ds n:ccipt of 1hc Technical Encrg) Audi! Repon.
:--:01hing in 1his Contract shall be .uns1rucd IO r~quire O\\Ticr to en1cr into an Encrg) Pcrfonnancc
Con1rac111ilh Con1rac1or. llowc,cr. should O11ncr in its sole and 11bsolu1e discrc1ion choose 10
en ter into un Encrg) Performance Con1mct bascJ on Con1ruc1ors Project l'roposal. such a c11n1rnc1
shall be c,ccmed II nhin sixt) (60) dn)s of O1111cr·s dcli,cr) of the 1'01icc of Acceptance of
I cchnicnl cncrg) Audi t Rcp(1n (hxh ibit 13) 10 Ct1ntractor. I he deadline for cxc-<:ution llf 1hc
l'ncrg} l'crfommncc Contmc1 nm) he c\lcndcd up<.111 request by Owner t() allo\\ 01111cr 10 secure
third-pan) funding n,>cc,snri for intplcmentaiion of 1hc cn,•rgy s.11 rngs found II i1h111 Contractor\
l'roj,·ct Proposal
,\ny Energy l'crformancc Commcl en1crcd into he1wcen 1hc panics shall comply wi1h § 2-1 -30-
~(10I. C.R.S.
t n. Time of PerfornHrn ce
lhc Work ,hall be compk1ed dunng the 11111,al tcm1 or mt) cx1cnsicm thereof
Contm,tor .hall flr\'11:ur~ goo.! anJ ,en 1cc . ncccs~ to complete the \\'or!. pr,l\ ided for herein n . F.mplo~ ce• All pcr,.on employed hereunder hall be considered Contractor·s or subcontra t rs' emplo)ec(Sl for all purpo~. and shall not be cmplo)ces of the O,.,ner for an) puipose.
6. ONTR OR O1\tPEN TIO
. ompcn ation Ba i~ and Amount
The nmount of Co ntra tor 's compe nsa tion fo r the Techni cal Energ y Audit and Project Proposal
shall be dctcnrnned in ccordunce with the Fees sectio n of the attached Ex hi hit A. which Fees
. hall be applied only to faci litie s actual ly audited by Contractor . The Owner ,ha ll not be li able to
pay or reimburse Co ntractor for any pe rfo rman ce hereunder prior to the Effce 1i 11e Dille .
B. Payment Thr0u j:1 11 Energy Performance ontract Funding Mechanisms
hou ld Owner and ntractor enter int o an Energ) Performance Co ntra ct a. co ntemplat ed under
Sc tion 7 (Al ab01 e. tll1) compensa tion owed 10 ontrac tor a11rihu lllble tt1 Cllmpk ti on of the
Tcclmical l::.ncrgy Audu w1d Project Proposal shall be paid cxclusi\ dy thmugh the funding
mechanisms se t fonh in the ·ncrgy f>crfom1w1re Contract.
C. Pa,·mtnt in lh Ab cncr of EnefJ:.'' Performance Co ntract
hould O1\ncr and Contractor not enter into an Encrg) Performance Contract as prm 1Jcd under
Section 6 tAI ablwc . O1\ncr ·hall remit pa)mcnt to Contractor for the full amnunt of all
compensation ,med to Contractor attributable 10 the completion of the Technical Fncrg) Audit and
Project l'mr,• o1I. "uh Wl) och compcns:umn due under thi> suh-,c-ction hall he paid "nhin one
hundn....J mcm, I 110) du\' ol Owner's deli1en of Exhibit 8 . Pm,idcd. hm,c,cr. thut if 1he
deadline for c~tcring int~ 1he Energ) Pcrfom1~nce Contract i~ c\lcnded ,1, allm,eJ in suh-,;,:ction 5
(,\) ahO\ c. the dcJdlinc for p,1) nwnt of c,1mpc11SJti,,n under thi, sub-,ccuon ,l,111 li~c,, 1sc he
e\lended .
D Projec t With ln ,uffi cle nt . u, ini:
rhe panic ue~no•., ledge that 1hc purpose of 1hc r cchnical Energy Audit is tu enable Contmctnr
to idcnlll) po tential energ) and water sa\'i ngs \\hich. if imp lemented. will pr,,vidc U,q1cr wi th
funding op tions su rlicicnt to pa) the costs of im pl ementing suc h savi ngs. hould the Con trac tor
dete rmin e m any lime during th e I cchnicul Energy Audi1 that sn\'in gs canno t he all nincd to mcei
Owner's 1cn11 s m, m1ui rcd by 'RS §~4·30-200 1, 1hc Tec hni ca l Encrg) Audit shal l be tcrmimucd
b, writ ten notice ~1· the C'on 1mc tnr to Owne r. ln·t hi s evcni 1hi s Contrac t shall he tcnn inot cd nnd
,l;c h,n~r sl rn ll n,1i he liuhk ll1 pa) Co nt rac to r. in 11h ole or pu!1. 1he Compen~miu n 1t1 ('0111 rnctnr
. rcciricd in thi, Sccti 1n 7.
l'age4 of11
•
E. Anih1hl1• Funds-Contin~cn1·1-l{c111 nlic< rile 0"11cr 1~ proh:bitc.i t>y la" fr,,m m:u.mg ti-....11 cummitnwnb b,:,11nd the tcm1 of its current liscnl peri,xl Therefore, (',,111rac1m·, «1111pcnsa11un 1~ comin~cnt upon the conunumg a\'ailahilit) of O\\'ner appropnations as provided in §1 of the Culomdo Special Pro\'isions. sci fonh helo" herein. II li:deral opprorria1ions or Contracts fund this Con1rac1 in "hole or in pan. 1hc O\\11cr's performance hereunder is contingent upon the continuing availability ,,f such funds. Payments purwam 10 this contract :.hJII o 11) be made from a,·ailablc funds encumbered ,:,, 1hi• Contract. and 1hc (),-,:e• • liahili1y for ~uch paiments shall be limned 10 the amount remaining of such
cncurnbern, lunch. l f O"11cr funds arc not approprimcd. or ,11hen,;sc become una\'a ilabl: 10 fund
this Contract, the O\\11cr ma) immed 1mely terminme the Contract in whole or in pan "itl1ou1 funhcr
habilit) in accordance \\1th the Termination for Cause subsection of1he Remedies sectir,n of this
Concrncl. All pa)ments are subject to 1he general Remedies section of this Conu.:•
F. Remrn of Funds
An) funds paid 10 Contractor hereunder whi.:h a.re not e~peoded in connecuon hcre\\ith ~hnll be
rdunaeu by Contractor \\ithin JO days of termination hereof. An) funds nm required 10 complete
Contractor', obligations hereunder shall be de-ob ligoted by the O1\ner. lfC0111rac1or receives
overpayments. Co111rat1or shall refund all excess funds 10 the O\\11er within JO days of the later of
( l) the receipt of such funds. or
(2) the de1cm1ina1ion of such o,crpaymcnt. l ndcr no circumstances shall unexpended or
excess funds recci,ed by Contractor under this Contr.icl he refunded or paid to any pan)
other than 1he 0\\11cr.
G. Erroneo us Paf ments~Rem rdics
l'a) ment, m:,Je 10 C:on1rnc1or in error for an) rca,on, including. but not lim11eJ to ovcrpa) mcnlS
or impnircr ra) ments ma). at the O1mcr·s sole discretion. lie recovered from Contractor Ii)
dcduclinn fnim suh;;c4ucn1 payment under this C:0111ruc1 or other contracts bcl\\~Cn the Owner m1J
Contractor. orb) other appropnatc methods.
7. Rf:PORTING-NOTI FI CA TI O~
Rcrons nnd anahsis required under thi~ «-ct ion shall he in accordance with pr(lCcJures and in such
lom1 as prescrib.:J b) the 'ilate ,,1 ColnrnJo -Go, cmur', I ncrg) Ollkc CiFO.
A. Lirigution
\\'i1hm 15 da) s a lier bcmg s.:n ed "uh an) pleading or pmcess filed in a legal or :idminislrall\C
proceeding in an) ,oun ur adminis1mme agenc) related 10 this C11n1rac1. Contractor shall notify
the O" nc1 of ,uch action and deliver copies of s11cl1 pleadings lO 1hc O\\11cr'~ pri ncipal
represcnr:ni,c in accurJnnce with the \Joticc ~ec1ion uf1his Cuntr:icl.
U. Rr mcd ie~ (\,ntractor'> fai lure In prn\'iJe rc p,111s anJ nu1if) 1he Owner in o time !) ma nner in acc(>rdancc "1th this secu,m 111.1, rc,uh in the dcla) of pa) mcnt ,,f funds nnd or tem1ination unJcr Section I 6 c,f this Contract 8. C'O~TRACTOR RE CORD S
Comrlctor shall m11ke kc-ep. maintain nnd nllo" tnspcction and m,,nitoring of the following records:
A. Maintenance
Contractor shall main tain a c1.>mplc te li lc of all records. documen ts. communications. notes nnd
other written materials. electronic mc<lia liles or communications. pcnaining in 311) manner 10 the
\\"ork. Contractor sh:JII maintatn such record, for (I I o period of three ) ears afterthe date this
Contract is completed or terminated or final payment hereunder. whiche,·er is later. or (ii) for
such iunhcr period as may be necessary to resoh e 311)' pe nding matters. or (iii) until an audit has
been completed and its li ndings have been resolved.
B. Inspection
CClntrnctor shall pem1it the 01•.11cr or an ) other duly au1hori,cd agcnl of a gO\ cmmental agency
10 audit. inspec1. exam ine. excerpt. copy and'or 1rnnsc ribc Co nt ractor's records rclutcd to th is
Contract and for a period of three years fo!1011 ing tem1ination hereof or final Jl3)'mcnt hereunder,
11h1che,·er 1s later. to assure compliance 11ith the terms hereof c,r 10 c,aluatc Contractor's
performance hereunder.
C. Monitorini:
C.\,mractor also ~hall permit the Owner or an) other duly authori,cJ Jgcnt of n 1,'.0\ err.mental
agency. in their <Ole discretion. ll> monitor all acll\illes conducted b) Contractor pursuant 10 1h1<
C1,n1rac1 using an) reasonuhle procedure. mcludmg. but not limi1cd to. internal evaluation
pr,,cctlures. cxam111a1ion ol prngra m daia. spcdnl nna lyscs. on-si1c check ing. anti forma l au di1
cx :1111inations.
9. C'OK f lDEKTIAL I KfOR,\l ,\TION·O\\-:-IER RECORDS
Cc>nt racto r ackmm ledges that ii may become pri ·,) to conlidcnti al in fo mrnti on in connec tion II ith its
pcrfomiancc hereunder. including. hu t not limited t,, 0,111a rccorJs. personnel rcn,rds. and
infom1ation concemmg mdi,·idunl,
A. Cou nd en tialil)
It shall be Contrnctt,r's rcsrx,n,ihilit) to keep nil Owner record, :md infonnalion confidential at
all limes and t<' c,,mply 11t1h all la11s anJ regula1mns concerning conlicl!ntiaht) orinfomiation 10
1he ,amc cxtcm apphcahle 1,, lhc 01\ ncr. An) request or ,lcmand for 1nfom1a1ion in the possession ofControctm made by any 1hirJ p.m} \hall be immediately forwarded to the 01111er·s principal rcpresem.1ti1e for rcsoluuon 8. :-.oiificntion , ,::ractor shall notif) i1s agent. employees, sub-co111ractors and assigns 11ho ma) come into c, uact with confidential infonnation that they are subject to the confidentiali1y requirements set fonl• bercm. and shall pro, ide each 111th a written cxplana1u>n or such requirements before the) arc p..nniued to access infonnnuon.
C. l • '>tturity, 1.nd Rettntion
l-.o confidential infonnat ion of any kind shall be distribu1cd or sold io any 1h ird pan} or used by
Cui rractor or ilS agents in nny way. exccp1 as authorized by the Contract and as approl'ed by the
O1111er. Controc1or shall pro\'ide and maintain a secure enl'ironment 1h01 ensures confidentiality
,;.-all Owner records and other confiden 1i al infomintion \\here, er located. Confide111ial
mfonnation shall no1 be retained ;n any tiles or othemise b) Contractor or its agents. except as
SCI fonh in this Contract and approl'ed by the 01111er.
D. Disclosure-Liability
Disclosure of O"11cr records or other confidential infonnation fo r any reason mny be ca use for
legal action against Contractor or its agents by 1h1rJ panics. and defense of any such action shall
be Contractor's sole responsibility.
E. PUBLIC l{f.CORDS LAW DI SCLOSU RES
Contractor nckno11leJges that. ns a g01emmemal emit). O1111er may Ill! required to disclose public
records pursuant to the Co lorado Open Records Act (§24-72-201. et •<'// ). Con1rac1or agrees that.
;,hould any public rtcords in ns poss.:ss1on be requcs1ed for production l>y O1111er pursuant 10 n
hrmu fide request under the Open Records Act. Contractor II ill provide such documents 111thou1
charge to O1111er.
10. CO:'iFLICT OF l ~TF.REST
A. Definitio n a nd Ap pea rance
t'umractor shall no1 engage in ni1y b11sincss or personal ac1ivi1ics or pr.1c1icc, ur mui111ai11 uny
relationships 11hich conflicl in any way II ith the full pcrfonn:mce of Conlractor's obligations
hereunder. Contm-ior acknowledges that with respect 10 1h1s Contract. even the ,ippcarancc of a
conllict of imeres11s hannful to lhe O1111cr's interests. Absent the Owner's prior \\Tillcn
npprol'al. Contractor shall refrain from un} practices. actil'itics or relationships that rt-asonabl}
appear 10 be m conllict 11ith the full pcrfonnnncc ofContmctor's obligations 10 the O1111er
hereunder.
ll. 'ipccific Pr ohibi tio ns Con1mc1<1r's and sub-Contractor's 011iccrs. employees. ,,r agents shall nellhcr solicll nor accept gratuilie~. fo,·ors. or anithing Clfmoncl.u, ,.,lue from Con1ractor. potential con1ractors. or parties 1,1 sut>-agrccmen1s. Contmc1or"s emploiecs. officers. and agent s or any pcrmi11ed sub-Contractor shall not participate in the selection. award. or administration of this Contrnc1 or sub-Contract if a contlict of intercs1 or the appcnrnncc thcreo f\\ould occur. Such a conllict wou ld arise when any ,,f the following has a li nanciol or other in1ercst in the tinn selected for award. to-wit: I. (lJl cmploy·ee. officer or agent:
II. JJ1) m<mber of the emrloyee's immediate family:
Ill. an cmploi ce's partner: or
h. an organilation. \\hich employs. or is abou1 to employ. a r f the aforementioned .
C. 0 elermination by Own er-Dcfaull
If Contractor is unce rtain whether the appearance of a contl ict of interesl exists, Contractor sha'I
submit to the 0 ,\11er a disclosure stnic mcnt se11ing fo rth the rele vant dc1ai ls for the Owner's
consideration. Failure to promptly submit u disclosure statement Pr l() foll()w the Owner's
<J,rcct ion in regard to the npparent conflict shall be considered a material dcfouh of this Contract.
O. Code of Performan ce
Contractor and sub-contractors. if any, sh.1tl · .o; .,ain a written code of standards gowming the
pcrfonnancc of their respcc1hc emrlo)cCs. agcnlS. and con1roc1ors engaged io 1hc n\\ard and
admimstrntion of this Contract Contractor shall pro,·idc a copi of such code to the Owner within
15 da)s of the O,mcr"s "Titten rcqucs1 therefore .
11. W ARRANTIES
A. S cr\'ic cs and Goods
During the 1enn of1his Con1rac1. Cuntrnc11lf. as part ofContrac1or ~ 1hligntinns hereunder and at
no additional cost to 1h,· O\\ncr. \\ammls. ,IS follO\,s:
i. ',p.-citicauons
\II Sen1ces pcrfonned and all Ciood, dcll\en:d shall meet the SJX'C1 1i cat111n, ..:t lonh in this
Contrdct and are acceptnt>le Ill lhc Owner.
II. S uit~, C IQim s, and Action~
l"hcre arc not nor wil l there he any pending or thrc,ucncd su11 s, claims, or actions of any type
"i1h respec t I<> the Sen ices l1f Good~ provided, and
iii. Li ens llnd F.ncumbrancc, \II Sci'\ tees pcrfomtcJ anJ (,.-.,,h pro, 1JcJ arc .uiJ ,hall rcmlm tree anJ dear \If .m} lkn,. encumbrance,. or daim< ,1risi11~ l-} <>r 1hrou~h l',>ntr,tctor or an} pJny related 10 Cwttractor. B. Standard anJ ;\lanncr Of Pcrformunrc Con1ractor shall perform the \\'ork m aecorJJncc 1\lth the highest srnndard ol ,-ar,. ,kill anJ Jtligcnce pml'idcd b} a profrssional person or Cl>mpany in pcrfonnance of similar \\'ork.
C. lnspcction and \'crificati on
The O,•Tier resmcs the right to in,pect all Sm ices and Goods prol'ided hereunder at all
reasonable limes and places to vcril} 1ha1 they conform to the re,iuircments of1hc Statement of
\\'ork secti on of rhi s Contract.
D. Remedies
If the Contractor brcJches an} ofits warranties. the J\\11er ma} require Contractor to promptl)
perform the Scr..,ices or provide Goods again in co nformil) wi1h Contract requ irements. at no
addi ti onal cost to the 0"11cr. If suc h breaches cannot be. or arc cured. the Owner may. in
addition to any other remedies pro,ided or in this Coniract, require Coniractor to 1oke necessary
ac1ion 10 ensure 1h01 future performance conforms 10 the pro,·i,ions of this Contract: and
equitably reduce the pa) mcnt due to ContrJ~tor to rcJ1ec1 the rcJuced \'alue of the Sci'\ ices
performed or Goods provided . i\n) rcduuion. delay or denial 01 p,1) ment un~cr this pro, ision
sha ll not constitute a breach of Contract or ddault by the 0\\11cr.
12. REPRES::'.~TATIO:-.S
A. Li cen ses , Permits, Etc.
Controctor wnrrams that as ol the EITccti\'e Dale II has. and that all limes durin!! the tcnn hcreoi'it
"ill ha,e. at it\ sole expense. all liccns.-s. cenilications. appm,nls. insurance, pcrmus. and oth..
authorwmons rctJuircd b) la" to perfonn the Sen ice, ondordcll\crthc Goods ,pcc,licd herein.
Additionally, all employees of Contractor pcrfonning sm·,ces under this Contract shal l hold the
required liccn,cs or ccnilication. i J' any. tl• perform their dutic,. C'omractor. if a foreign
corporation or other cmity tr.llN1c1111g business 1111hc State olTol1>rado. further ccrt,lic., thal it
curr,n•l} has ohlumcd a~d shall mamtain :m) opphcahlc ccnitkuc of authorit} hl do business in
the State of Colurado anJ ha, dcs,tmateJ a rcg1<1cr,-J agent in C:oh>ra,lo to accept SCI'\ ice of
process. Any rcl'oca1ion. "11h<lrnwa l or non-rcncwn l of license,. ec11ilicati<>ns. upprO\ a!s.
in,urancc. pcnn it s or any such simil ar requirements n~ccssar) for Contmctur Ill pmpcrly perform
this C1>1ttract . ,hull be deemed m he a Jcfouil h) (\,ntracwr :mJ gr,,unds for tcrminntinn for cuu,t
11fthi~ Contract
It II . Lei:u l Auth nrit~·
Contrn.ior \\arrnn· tha111 Jl<"-.c'''" 1h,· kgJI a,uhoni~ to enter int., this Con1rac1 and that II has tal.en ,111 o~tions requireJ h~ th pro,:cdurc,. h~-la\\s, and or npphcablc la," 111 cscrmc that authorit~. and to lawfull~ au1hori1e it, undcr,igned signato~ 10 execute tin, Contract and to 1,ind ContrJcmr to its 1cm1s. The pcr~on ~i~ntni! Jnd cx,-cuting this Contract tm llchnlfofCon1rac1or ltcrch) represent,. \\arrnnts. ;1n<'..1Jcuamn1ccs 1h31 the~ ha,e full authoritation 10 do so. C. T a~ Exempt Status rhc Owner represents that it is not liab le tor an) sales. use. excise. propcn)' mother tuxes impo~ed b) an~ federal. Stal<' or local gO\ emmcntal authority. nor for any Contract0r franchise or income related ta.x . :-.:o taxes of any kind shall t,c charged to the State. Th,· O"ncrs FEIN~ is
lU-6000583 and its ta., exempt" is 98-03470 .
IJ. IN RA."IC E
Contractor shall obtain and mamtmn insurance as specified below herein at all times prior to the
1enninn1ion or expiration of this Coni,nc1.
A. Worker's Comp ensation
Workers Compensation Insurance as required l>y state statute. and Employer's Liability
ln~urnnce covering all of the Contractor's emplo)ees acting "tthin the course und scope of their
cmplo~ ment.
B. Gc ncrn l Liability
Commercial Ge1o~ral l.iabilit, Insurance \\T1ttcn on ISO o.:currence fom1(G0001 10 C)J or
cqul\·alent. CO\'ering premisc; operation~. lire damage. independent contrnctors. products and
completed operatillnS. blanl.et contractual liahilit~. personal injul'). and ad,·cnising liability with
minimum limits as follow~:
i. S 1.000.000 each occurrence
ii. $'.!.000.000 general aggregate :
iii. $1.000.(l()(l products and cnmrlctcd npcr Jli(>nS aggregate: and
i,. $50.00\J an~ one lire .
If rut) aggregate hmit 1s reduced hdO\, SI.IMJ0.000 h,:causc ,,f cl3ims made or raid. the
r,,ntroctor shall immcdiatel~ ol>mm udJ11i,,nal ins1•rancc to restore the full a11i;rcgn1c hmit and
lumish 10 the O\\ncr a ccniticmc or other d,icument satisfoctol') Ill the 0\\ ner ~ho11 in11
compliance \\ith this prO\ ision .
C'. Automo bil e Linbi lil)'
\uwmohik I i,thilit) ln,urJncc ,~,cring an) aut111i11duding ,mnc.J. lurcd .mJ m•n-owneJ JUt,"I \\Ith J mmimum 1111111 .1, foll,11". SI.IKI0.000 c.1ch accident c,,mhmcJ ,ingk lnmt ll. Addit io nul t n,ured I he O\\11cr shnll he named as aJJuional msurcJ un the Commercial General linhilit) and \utomobile Liahiltt) Insur.inc<' policies !leases Jnd c,,nstructn>n contrac ts require ,tdditional insured co,cmJ!C for completed operation, ,,n enJo™'ments C<, ~010 11 K5. CG ~037. or cquhaknt). [. Pri nu, C)'
< '"·erage required ,,f the Contract shall be primary o,er an) insurance or self-tn,urnnce pmyram
carried b) the O,111er.
f . Cancellation
The lnsurane< shall include pm,·isions pre,enting cancellation nr non-renewal" ithout at tcn.,t JO
Jn)S prior notice to the 0 \\11cr hy certified mail .
C. Subrogation Wah•tr
.All insurance policies in an) \\ll) related to the Contract and ~cured and maintained by the
Contractor a., require'<! herein shall include clauses stating Ihm each carrier will "aiv~ all risht s of
recovery. under subrogation or mhem ise . aga111s1 1hc Owner. it, U£enck,;. instituu,,ns .
,1rgani1.ations. ofliecr.. agents. employees. and l'Olun1ccrs.
H.S atis factory Insurers
All insurance policies and covcmgcs required hereunder shall he issued by repu1nble insurance
companies sn1isfoctory to the 0\1, r.r.
I . Ce nificates
Conlractor shall prll<idc ccrtilic:ne.; evidencing insurance C0\'cragc m1ui rcd hereunder 10 the
O,\11cr wi1h in IO business da)s ,,f tl1c Effective Date or before conunenccmcnt 11f Contractor·~
pcrfonnancc hereunder. "hichc1 er uccurs lir.t . No later than 15 da)s prior Ill the expiration dmc
,,f any such cmcragc. Contractor ,hall dcli,cr lhe (hmer ccrt,ticatc< nfinsurnnce e,idcncing
rcnc\\als therc't>f. ,\t 311) time during the tem1 hereof. the O11ncr ma) rcquc,t in writing. and the
Contractor ,hu ll thereupon II ithin 15 <lays supp l) 10 the O1111er. ev idence sati,foctor) 10 1he
O1\'ncr of compliuncc 11ith th·· pwvisiuns of this sec tion.
• I~. lll~FAl'LT-HIH:AC II
A. Defi ned In addi1 ir n to an; brcache, or Jcfal1hs spccilicJ in 01hcr ,cc1ions of 1his r .. mrncl. includ ing. but n,,t limi:cd to the Colorado Spcciu l Pr(ll'isions. the failure of either P.1rt; to perfom1 an; of its ubliiwuon, 1.cr,·unJcr cm irel;. paniall;. or in satisfactory manner. including. but no1 limit1.-d 10. performing them III J timcl; manner. const1\Utcs a default m breach. The institution of procceJm~s under 311) bankruptc;. IO!i(11\cn,;. rcorgMi7~tion M similar legislation. b; or asain~t the C,intn,·,or. or the appointment of a r«el\er or similaroflicer for the Contractor or an; of its propcn;. :111J such proceedings or appointments are not ,a.:atcd or full; sta;ed \\ithin W da; < after the msutuuon or occurrence thereof: ~hall also constitute a default .
8. Noticr nnd Cure Period
In the cwnt ofa ddnuh or breach. notice of such shall be gil'Cn in "riting b; the aggrie,cd Pan;
to the other Pany in the mMncr provided ini the tl:'oticc section of thi, Contract If such defoult or
breach is not cured \\lthin 30 da;s of receipt of"rinen notice or cure of the Jcfouh or breach has
not begun" ithin said period or has not been pursued \\ith due diligence the aggn~, ed Party mo;
tem1inate this Contract by prO\iding written notice thereof. ghen in the manner pro\'idcd for in
the Notice section of th is Contract. effecth·c 15 days from the date the n::>tice oftem1ination was
reccil'ed ,
15. RDIEDIES
1rContrac1or is in default uodcr an; 11ro, ismn of this Contract including. l>ut not limited 10 the
Special PrO\ isions. the O1m<r shall haw nil of 1hc remedies Ii Sled in this 51....:tion in addition to all
other remedies set fonh mother 51.-ctions of thi s Contract and as a, ailablc 01 la\\ or in et1ui1;. The
O,mcr mn) e.\c1cise an; or all of the remedies a1uil~ble to it. in in, solr discretion. concurrently or
co nsecu1i< Cl).
A. Early Termination in the Public Interest
Ille O\\ncr is entering into 1his Contract for the purpose of cam, mg out the public polic) of the
O"ncr. as dctcrmmcd by its clectL-d and appoint,-.! uflicials. If this Cnntract ceases to fun her lhc
publk poh,; ot the O1\ncr. the 0\1 ncr. in 11, •ok discretion. ma) tcrminJte this Contract in
\\hole or in pan. Exercise by the O"11er of1his right shall not be deemed a hreach of the O\\11er's
obli~m1011, hereunder. This subscc ti nn shal l not appli tC'I a tcrmimu ion "t this Contract h) the
Owner for cause ordcfnu h by Conlrnctor, "hich shall he gol'cmcd h) 1h,· Tcm,ination tor Cau,c
and 'or Default sulisccti<1n of thi s Rcmcdic, sect ion
i .• \lc1hod and Co ntent.
The O1\llCr shall give \\Tillcn m111cc ul tcmunntion to C. ontractor m ac,orJ:ince \\llh t~ r,•ti,c
prO\ 1~ion, ol §15. aho,c. anJ §17. bchl\\. ,pccif;in~ the cffecti,c date of1crrninatmn .,,d
\\hCthcr it affect~ all tlr a )l<lni<>n of1his Contract
ii . Ohli~ulion s nnd Ri~ht s.
T ,, the C\lent sr--c11ied m the 1cm1inmion notice. ((lntrJctC1r ,h.,11 not incur funhcr ohligauons ,)r render further pcrfomrnnce hcrcunJcr p.:ist the cflccti, c date or such no11ce. and shall also tcm,inatc oumanding ,1rJcr,; and subc11n1rncts "ith third panics. llo\\c,cr. Cnntractor shall cc,mplctc and dch,er to the O\\11cr all Sci"\ tees anJ Goods not tenninaied b) the tcnnination ·:oticc and ma) incur obliga tion< as arc ncccssari co J11 so wi thin the Con tract tem1s. In the sole discretion of the O\\11er. Contr.mor shall assign to the O\\11cr all of Contractor\ right. title. and interest under such renninated orders or ,ubcontrncts. L'pon tcnnination. Contractor shnll 1:ike rimeli. reasonable and neccssar) action I<' protect and presel"\'c property in the JIOSsession of Contractor in \\htch the Q,\ller has an interest All finished or unfinished documents. data. -iudies. research. sul"\•eys. drawings. maps. m,,dcl s. photographs. and rcJl(lrtS or other ma1erials prepared by Contractor under this Contract or materials 0\\11ed b~ the O\\11er in the po~ssion
(If Contractor shall. a1 the option of the O\\11er. be deli,ered b) Contractor 10 the O,mer an<l
shall become the O"11er·s property. Contractor shall complete and delive r to the O,\llcr all
Sel"\·iccs and GooJs not tcnnmnicd hy the tenninatio,1 notice Jnd ma~ incur obligations as are
necessary to do S(l within the Comract lcnns.
iii. Payments.
If this Contract is 1enninated b~ 1he O\\11cr for any reason other than for Cause as described in
sub-section B of thi s Sect ion 16. Contractor shat: paid an amount which bears the same ratio
to the lOlal compensation as the Services satisfactorily perfo nncd or the Goods satisfact orily
deJi,.ered or installed bear to •he total Sen ices and Goods co,·cred b~ this Contract. less
payments previously made. A,ldi tionally. if the Contract is less 1h,tn 60•o completed. the
O\\11er may reimburse Com.i.,. 1r for a flOnion of actual out-of-pockc1 expense~ (not otherwise
reimbursed under this Cor" . , it incurred that are direcll) anribulablc to the uncompleted
portion of Contructo r's oblig~lmns hereunder: pro, idcd 1ha1 rcimbursemcni shall not exceed
the ma~imum amount pa)nble to Contrnclor.
O. Tt rmination for Ca use •nd/or Defau lt
If Contractor fails lo perform an) of ils obi igatk1ns hereunder with such diligence us is requi red lo
ensure their compkuon in a umel) manner and such non-pcrfonnance continues follm,ing notict'
the Owner ma: notify Contrncto r in writing of such non-pcrfonnancc "h1ch spccilics a cure
rcriod. lfC'ontmclor thcrcalicr fails to prompt!) cure such rwn-pcrformancc within such rime.
the O\\11cr. ma). al Its option. tenninaie this cn1irc C'ontrJ<I or such pan of tms Contract 1L, to
11hich there has hccn Jelay or a failure to 1rnpc1,y pcrfom1 . Exerci,c h) the O,,11cr of this right
,hall not he dccmc'<I a breach of its obhgat1'>ns hereunder.
i. '.'h-lhod ~ntl Co nt ent
The O\\l!Cr ,hall gi1c wri11en notice nl tcm1ina1ion tu Contractor in acct ·Janee \\1th the nmicc
pro,.i,iuns hcm>I •pcc1(, mg the dkcll\C date ,,f 1ennina11nn and \\herhcr it affect, all or a
portion of this Contract
ii. ObligRl ioo• and Right~
I 11 the extent SJll'Cilktl 111 the 1.-,ninatiun notice. Contractor shall not mcur further <'hligatiom,
or renJcr fonher pcrfo, nunc<' hcrcund,•r pa,t till' ctTectl\ c Jatc of such oot,cc. Jnd snail aiso
tem1in.1te ,i utstandmg Ndcrs and ,ut,.:ontr.lCb \\1th third panie,. Ho\\e,cr. Cuntract<>r <h,111 c,,mplctc ~nd Jdi,cr t,, the Owner all Sen ,ecs and Good, n,1t cancclleJ t>i the tenninauon n,,ticc nnd ma" incur obli gations as .,re ncccssal) to do so \\llhin th e Contrnct tams. In the s,,le discret ion of the Owner. Contractor shall assign to the 0\\11c r all of Contractor's right. ti tk. and mterest under ,uch te1minated orders or subcomracts. l"pon termination. Contractor ~hall take umdi. reasonable anJ neccssn~ action to protect and prcserw propcni in the Jl<>ss;cssion o f Contrac tor in "hich the O"ner has an intere,t. In the sole disc retion of the 0\\11cr. Comructor shall assign to the O"ner all of Co ntractor's ri ght . titl e. and interest under such terminated orders or subcontracts. All finished or unfinished documents. dam. studic,. research. sun C) s. dm\\ings. maps. models. photographs. and re pons or other materials prepared by Contractor under this Contract shall. at the option of the 0\\11er. be delhcred hi·
Co ntractor to the Owner and shall be come the 0\\11er"s propen).
iii. Paymtnt5
The Own er shall onl y reimburse Contractor fo r acce pted Ser\'ices and Goods received up lo the
date of tcm1ina1•on and . if afler tcm1ina1ion. it is de1ennincd that Contrac10r was not in default
or that Contractor's action inaction was excUS11blc. such termination shtl' be treated as a
terminauon fo r other than Cause and the rights and obliga1ions of the Panics shall be the s:ime
as if this Contrac t had not been tcm1i nated for cause. as described abo, e herein.
h. Dam ages and With holdin g
~otwithstanding any other remedial acti on by the 0\\11er. Contractor also shall remain liable to
the 0\111cr for any damages susta ined by the 0 ,111er by vinue of an ) defau lt under this .cc1ion
b~ Con1racmr and the 0"11er may withhold any payment to Comractor for Ilic purpose of
mitigating the Owner· s damages. until such time as the exact amount of damage!. due to the
0\\11cr from Contractor is determined . Funhcr. the Owner ma, \\ithhold amounts due m
Contractor as the 0 \\11Cr deems necessary to protect the O\\nc; agai nst loss because of
outstand ing liens or clai ms of forme r lien holders and to reimburse the Owner for the cx~css
costs incurred in procuring sin11lar goods or ,;en ices. Contractor shall be liable for c~ccss costs
incum'<' h) the 0\\TICr in procuring from third p.inies replacement Sen ices or substitute Goods
3S ClWf'r
C. ~eme:Hes "ot lmoh•ini: Term ination
The 0\1 ncr. 11, sole di,cret;on ma, c,erci;c the l\llhm ing rcmcd1c, in adduion t!l its other
rcmcJ ic,. 10-wi t:
i. Su~pend Prrformunrr
Suspcml Contr:ictnr"< performance pending necessary corrccti,c nction ns specified b) 1hc
O"ner wi th ou t entitling Conmict1•r to adjusuncnt in· ,ic,· cos1 or schrdulc: a.nd/or
ii. \\ ithh old Pay mcnr
\\'i1hh nld p.,ymcnt 11, the Cont rnct1•r um il rnrrcc tion, in scr"kc 1rc satisfoc1oril y complc1cd
and or acccptah lc g,'<>d!-Jre pr11\ ,Jed. and or .. ______________________________ ..
Deny payment fo r those scr\'ices not perfonmed and or not provided and "hich due to cireunmanccs caused by the Contrnc1or c.inno1 be perforn1ed. or if perforn1ed. would be of no ,alue 101hc O\\11cr: pro\'idcd 1hat an> denial ofpaymen1 musl be reasonably relaled 10 lhe , alue of" ork or pcrfonnancc lost to 1hc O"11er: and 'or h . Remo,al Demand removal ofControc1or's emp loyee~. agcn1s. or subcon1mc1ors whom 1he O\\11er deems
incompe1en1. careless. insubordinn1e. unsui1able, or olherwise unaccepiablc. or whose
continued rcla1ion 10 this Contrac1 is deemed m be commry 10 the public imeresl or not in lhc
O\\11er·s bes1 in1eres1. all such cases being within 1he sole discretion of Owner.
16. NOTICE and REPRESENTATIV ES
A.No tice
All notices required to be give n hereunder shall be hand delivered ,,ith receipt required or sem by
cenified or registered mail 10 such Pany's principal represr.nllltive al the address SC'I fonh below. In
addition to hard-copy no1ice. notice also may be sent by e-mai l to lhc e-mail addresses. if any. set
fonh belo\\ Eilher Pany may from time to time designate by written no1icc substi tute addresses or
persons to \\horn such no1iccs shall be sen1. Unless 01herwise pro,ided herei-all no1ices shal l be
effcc1ive upon receip1.
R. Re prcsenlati,,rs
The individuals listed below arc the principal rcpresentolives of the respective Panies. With respec1
10 1he 0\\11:r', reprcsen1a1h·e(sJ. they have au1hority 10 inspect and rcjcc1 ~oods and services.
approve in·•oices for p~ymcnt, and ac1 01hen,isc for the O\\11er. except \\ilh rcspcc1 10 lhe execution
of modilica1ions 10 or tennination uf this Co111ract. For the purposes of 1hi s Cont racl, the official
rcpresentau, etsl nnd addresses of 1he Panics nre :
I. Owner:
Name : Chon~ Woo
ri1lelPosi1ion : Proiec1 Encinecr
I i11le1on/En~lcwood "'as1cwat•·r
I rcalmcnt Pinnt
i\Jdrc~s: 2900 S. Platte Riw Dri\'c
Address: Enclcwood. CO 80110
fcl: (3031762-2655
Fax: 1303)762-2620
lllobilc.
E-Mail: cwoo11cn~le\\oodgoy~
ii. Contmc1or;
C0ntractm Re . -.:omc· Da,id Comin Title ro,ition. F,ec. \'ice President . \JJrcss: 111 Spccn ~L \tc -1 IO AJJrcss: h(llllin~ham. :\IA 0 1701 Tel: 50~-li61-12!9 I 1'fobile: 617-838-6595 I E-Mnil: dcorrsin U:amercsco.com I
17. GO\'ER N7'1 ENTAL I MMUN I T\
B :,.l I ri uthi \ ·ice President 9M0I \\'e,theimer. Suuc .10~ Houston. Ix 77042 (7131917 (,860 17131917 6859 I btripathi 'ii nmcrcsco.c<lm I
Notwit h,rnnding any other pro\'tSion 10 the con~. nothing hacin constitutes a \\ai,er. express or
implied. 01 nni of the im munit ies. rights. benefits. protection_ or other prn"ision.\ of the Colorado
Go-emmental lmmunit) Act. §CRS ~-1-10-101, cl seq .. as nn1cnded . Liobili1y for claims for injuries
to persons or property arising from the negligence of the O\\11er. its departments. inst'tutions.
agencies. boards. officials. and employees is con -·ollcrl and limited bi the prO\ isinr, of the Act and
th.: risl management statutes. CRS §~-1-30-1501. ct seq .. a.~ ame nded .
18. MI SCELLANEO l!S
A. Bindin~ Effect
Unless othm,isc providcJ herein. all prO\ tsions hcrem contained. including the b.!nclits and
burdens . shall extend to w1d oc binding up;m 1hc Panics· respective heirs. legal rcrrcscntati,es.
succes,ors, Md assigns.
8. Modifi cat ion
This Contract i, 'rubJ~-Ct to sueh m0Jilica111•ns os ma) be rcqm rcd by ch anges 111 I·cdcrul or
Colorado State Ia,1. or their implcnu:nting rcgulatious. An) such required mndificaunn
autom:nicall) shall be incorpormcd i1110 and IX' pan vi' 1his Contmc1 nn the cffccti, c date of such
chan!,!c. a., 11 full) set fnnh herein bccpl as ,pccilicall) prn, iJcd herein. no moJ ificmion of1his
Contract shall be cfkcu, c w.lcs, agreed tn 111 \\nung h) b,,1h l'anh:, man amendment to 1h1s
Contract. pr11pcrly cxccu1cd ,,ml approved in aceorJancc \\lt11 ( h,ncr home ntlc st,uute, and fiscal
rules.
C. Enlin l 'n1k rsl•n d in g
·1 his ('nntract represent, the complete 1111cgr:1111m ,,1 all u11J,,rstund1,1 gs t>cl\\CCII 1hc l'artics anJ
all prior rcprc~ntalions unJ un<lcri.1andings. oral or" nttcn. arc merged hereon -.:,, prior or
c11mcmporaneous addninn. deletion. or other amcnJmcn1 hcrcm ,hall ha,c tlll) force or aflcc1
\\h3ti.oc,cr. un!cs.s cmhoJicd herein.
II. Sr, er •, ili l)
Pr,n 1Jed th" (\,mract cJn l,c cxccuteJ and pcrfom1Jncc 11t the ,,t,h~Jllon, ,,1 the P.1nics 3ccompli,lwJ \\1thm u~ mtcnt. the pro< isions hereof .rrc scwra~k and Wl) prtl\ is,on tlw1 is Jccl.ircd in< alid tlr h....:omc, mop..-rnhlc for Jll) rca'>(>n sh3II n,,, atTe.t the <alidit) ol 311) other rro, ision hcrccif. f.. Coun te rpo r ts Tht\ C \lntract ma) be executed in multiple 1den1ical ,,riginal Clluntcrpans. all of" hich sh:111 consti tute ,inc agreement.
\\'oi,er of an) breach of a tenn. pro<ision. or raJuirement of this Cun1r.1ct Jn) right or remcd)
hereunder. whether explicit ly orb) lack of enforcement. shall not be construed or deemed as a
wai,er of any subsequent bre.ich of such tcnn. pro,ision or rcquiremcnL or of an} other term.
pro, ision, or requirement.
G .. -\.5s ignm ent-:'i o,·ation
Escept as othen<iw spcci fkall) provided in F.xhibit A. Contractor's rights and oblign1ions
hereunder are personal and may not be transrerred. assigned or subcontractc-d. and nm·ations sh.ill
not occur. without the prior. <<Tillcn consent of the O\\ncr Any a11emp1 al assignment. transfer.
subcontracting. or no,ations \\ithout such consent shall b,:, oid. All subcontracts subconu Jclors
appro,·ed h) Con 1r,1c1or or the 011 ncr shall be subject 10 the rrovismns hera,f Contractor shall
be solel) responsible for oil aspects of subcontracting arranguncnt s and perfom1ance. Contrnctor
shall be solcl) responsible for nil ~ubcontrncting nrrar,gcmcnts. Jimtions. t:nd perlonnancc.
including. but not lim ited Ill. dclhcry of Uo.,d, und p.:rfonn,mcc ,fScn ices. Con1ractor ~hall
require and ensure 1ha1 each ,ubcon1rnc1or usscn1s in \\Titing 1,, all of the pro,isions hcrcoC
including indcmm l) in~ the{)\\ ncr u, rc<Ju1 rcd ur.dcr 1he Colorado Special Pro,·isions. -clo\\
herein.
11. • hird Party Bcnt•li ri ari e,
l:nlorce111c111 ufthis Co ntr,1c1 and .111 ngh1, :mJ ohlig,111on, hereunder arc rcscncd sold) hi the
Panics. and Ml Ill On) 1l11rJ pan) \n) ,en ices or bcncli ts which third panics receive as a result
nfthis Cuntract arc incidental 111 the l ,1ntrae1. anJ do 11<11 crcJlc JO) rights for such third pani~.
I. l>ul'\ h nl or Ce rtain Cont met T rrm,
''''" ill1-si,rndin!,\ JJl) 1h111g hcrdn 10 1hc con tra'). pro< ision, ,,r this C'untrJcl rc4uiring con1 inued
fl</rh.1m1:utcc. a>mphanc,·. m effect uher 1cnmna1i,1n hereof. ,hall ,un i<c ,uch 1en111n:11ion and
,hall he c11lorccahk h) 1hc 0 1111cr 11' Cnn1rac1 or foil, to pcrfonn or co mpl y us requ ired .
• I • .luri,1lic1i 11 11 uni! Venu e
\II ,u1h. Jct1<11h. ,,r procecJmg, rd.ucJ h• 1111, t\1n1rJC1 ,h.,11 bc helJ m 1hc \1a1c ,,1 t \,toraJ<1 ,mJ 1hc Panics hcrh) agree 1ha1 1 ,:nue ,hJII ti<: pr,,f'<'r m 1hc ('nulll) ,,1 \r.1p,1h,1e I\, Ca111ions f hc cap 1ions nnd headings i n 1his C'on1rac1 urc fo r rnn1 cnicncc "' rcti:rcncc onl) •• md shall nm he u~cd 10 imerprel. define. or limil its prOI i,10ns L . Rult of Con1racti on
\\'hile the 01111cr drafted !his Co11 1ract. 1hc Panics agree 1h011his Controc1 shall n,11 be strict l)
cons1rued again,, the drafter
M. Order of Preced enc e
The prO\ isions of1his Contract shall gmcm 1hc relationship of1hc 01111cr and Contr3Clor. In 1hc
c,cm of conflicts or incon~is1.:ncies bemcen this Contract and i1s exhibits an~ anachmems. such
conllic ts or inconsistencic, ,hall be resoll'ed b) reference 10 1he documents in lhc following orJcr
of priori1y:
,. Colorado ptdal Pro1·isi ons
1I, ~:xhihit A, then
, 11. Exhibil B. th en
,·iii. Ex hibil C, th en
h , Exhibit D.
19. CO LORA DO SPECI AL t•RO VISIONS
20.1. OWNER 'S AP PROVAL.
l"hi, co111rac1 shall n<11 be deemed , ulid un1il II hu, been nppm• cd b) 1hc 011 ncr or dcsignl'C .
7.0.2 . Fl Nil A \'Al L \lll lln .
Financial ohliga11on, of the O\\ncr payahk a11cr 11,c currc nl lisrnl year nrc rnn1ingcn1 upon funds fo r
11131 pUl'(llhc 1-.:ing appropriated. budgeted. nnd mhcrwisc made u1 ailahlc
20.J. l NDE MNI FICATIO N"
Contrac1or st,a ll inJcnmitY. $31 'C. nnd hol d hann lcss 1hc (h,ncr. 11s cmph>)CCS ,rnd agcms, againsl nni
and all d.1ims. damngcs. liahilit) nnd coun awards mduding Ci>St-. expenses. and atlomc) fees and
11,,l!C 18of:?I
•
t
rd~lt\.'J c,,'.\t~. incurr'-"d ri, .t rl!'sull or .m~ ,1~t ,lr ,unis~wn h~ (\,rur~ti:h1r. ,,r i11-; \.'tnph i~"·c, .. ,g"·nh. ,u~l,ntr.,ch.,P< nr ..t~~ignc:c-. r,un;ua.nt hl the tcnn" ,,f 1hi, cuntr~u..·1. 20.~. l 'iDEPE:-iDE:-iT CO:-iTRA CTOR. Comract,,r shall pcrfonn its Ju1ies hereunder J, lll 1mkpcnJcnt contracmr and m11 J~ JO crnplO)Cc. Scilhcr con1rac1ornor an) agent or cmplo) cc of comrac1or ,hull he or shall he dccmcJ 10 be an agcnl or cmplr_,cc of the Ol\11cr, Contractor shull pa) "hen due all required cmplo) mcnl 1:1xcs and incumc 1a~es om! local head 1aws on Wl) monies paid b) 1hc Owner pursuam IO this contruel. Co 111 racwr aclJio\\lcdgcs that con1rac1,,r and its cmpl11)ccs arc not emitted 10 unemployment insumnce benclits unle~s con1ractor or a thud pan) pro\'ides <uch co,cra£C and thot the Owner docs not pa) for or
othcl'\1ise prn ide <uch coverage. C umractor shall ha, c no ou1hori1,ation. exprc,s or implied. to bind
the 01\llcr to an) a~•ccmcnt. Ii obi Ii~ or u~dcrswnding. except as express!) set tonh herein.
Contrac tor shall provide and keep f n force workers· compensation (and prol'ide proof of such insurance
when rcqucs1ed hy 1h c 0\\11erJ and unemp loyment compcnsati1,n insurance in the am,1 unt s required by
Jn,, and shall be sole!) responsible for its ms and those of it, employees and agc1m.
20.S. ,o;\-DtSCRIMl;\A TIO:-i.
Contractor agrees to comp!) \\ith the lcncr and the spirit of all applicable 01111cr. State and federal
laws respecting discriminniion and unfoir cmplo)'mc111 practices,
20.6. CHOI CE Of LA\\'.
The la"s of the State ofCobrado. and rules and regulation~ issued pursuant thereto. ,hall be applied in
the in1crprc1a1ion. exc-cuuon. and er.forccmcnt uf 1hi, contract l\n) rm1is1on of this contract. whether
or not incorporated herein hy reference, \\h1ch pr .,l'ides for ,1rbi1ra1ion b) an) e,tm-judicial hod) or
person or which is 01hc:'\1 isc in contl1ct II i1h said laws. rules. and regulations shall be considered null
and \'01d. t\othing co ntnincd in an) provision incurpomtcd herein Ii:· reference which purp<>ns to
negate this or an) other special pro, ision in \\hole or in pan shall be l'ulid or cnforcc.1blc or al'ailablc
in an) a.:tion at la\\. 11 hcthcr b) wa) of complaint. defense. t1rtlthcl'\1 ise. An) pm, ision rendered null
and I oid b) the operation of this pro, ision "ill not in, ahdatc t~· remainder of this contract, to the
c\lent that this contract is capahle of executi,>n. ,\tall umcs during the perfom1wicc of this c,1ntrac1.
Contractor shall stri ct I) adhere 10 all applicuhlc fcJem l and State laws. rules. and regulations 1ha1 ha, c
Ileen or 111:i) hcrcalier he esrnblished.
20.7. SOFTWA RF. PIRA CY PHOllll31TIO:,/.
G111cm,,r·~ F~ecuthc OrJcr () 00~ O() '" Ch,11cr or ,11her .,ut,Jic fund~ pa)alilc under thi, contraet
,hall tic u:;ed for the uc~u1'1t 111n. O[X'rJtn,n. ,,r maintenan,,· ,,1 .:omputcr «oll\\an· 111 , mlation ,,r fcdcr.il
•;opynght IJ s or applicuhk licensing rc,1ric1i11n,. Con1r.ie1or he1cb) ccrtilics 1h01. for the tcm1 of thb
l'(lntmc1 ,md an) cx tcnsmns. Con1mc1or ha, m plucc appropriutc S)<lcms anJ c,1111r11b to prc,cnt such
imrropcr use of public funds, If the Owner lic1cm1incs thm Co111rnc1or is in vinlut ion of thi s pamgrorh.
the (llrncr may C).ercisc JO) rcmcd) available m IJ\\ or cquny or under 1hi s controct. incl uding.
I\ ithout limllation. 1mm~-Jia1e tcnnination ,1f th!\ contrac1 nnJ .1111 rcmcJ, con,isi,•111 "ith lcdcrol
·:opynght la"s or applicahlc licensing rc,tncuons · •
20.8. F.I\IPLOYF.f. FI NANCIAL INT F.REST . CRS §H-18-20 1 :tnd ~24-S0-S07.
lhc ,ignat11rie~ ll\ er 1ha1 Iii their kno\\ ledge. 1w cmplo) cc of the 011 ncr has Oil) pcrsllllal or benclicinl
i111,·rc,1 "h,11soc1er in the <en 1cc nr prop,·n) des.:rihcd in this rootr:i-1
20 .'J . Pl'Rl.lC CO~TH.-\CT. FOR . F.R\'I CES. C RS §R-1 .5 -101. C,,ntr:ictor ccnifiJs. \\arrants. and agree s 1ha1 ii docs 1101 ~n owingly emplo) N comracl "i1h an illegal al ien who will pcrforn 1 "ork under thi co n1ra l and will confirn1 the employment digib ili t) of all <mplo~ ec s "ho are ncwl) hired for emp loyment in the l 'nited 1a1es 10 pcrfonn work under this ,on1ra t. 1hrnugh panicipa tion in the E-Verify Progr'lm or the Depanmcnt program cs1abhshcd pu rsuant to CR §8-17.5-I0~(S)(r l. Con1rac tor shall not knowingly em ploy or con1rac1 with an illegal Ji kn to pcrfonn work under this contra c1 or emer into a co nt rac1 with a subco ntractor thm fails 10 en ify 10 Co nt rac tor that the ubcontractor shall no t knowingly employ nr co ntrac t with an ille ga l alien
10 perforn1 work unde r 1his contract. C\:m tra ctor (a) shall not use E-Verify Pro gram or Depanmcnt
program procedures 10 undenake pri •mplo)mP,n t screening of j b appl icants whi le th is contrac t is
hci ng pe rfor med. (b l shall notify the ,u hcontrac to r and the O\\11er within three days if Co ntract or has
ac1 ual kno wledge th a1 a ubcont ra tor is ,•mploying or contrac tin g with an illega l alie n for work under
this comrnct, (c) shal l term inate th e subco111rac t if a subcontract or does not stop emp loyi ng or
contracting with the illega l al ien within th ree day or recei\'ing th e notice. and (d) sha ll co mpl y wit h
rea onable reques ts made in the course of an inv es tiga .,on. undenaken pursuant 10 CR *8 -17.5 -
102(51. by the Co lorado Depanm ent of Labor and Emplo yme nt. If 10111ractor panicipate s in 1hc
Dcpanment prog ram . C<:-n 1rac 1or sha ll deli"er 10 the O"11er or poli11 cal subdi"ision a \\Titten , notarized
aflirrn atio n. afli rm ing that Contractor has examined the legal work sta lu s of such empl oyee . an d
co mply wi th all of the othe r requirements ofthc Department program. If Co ntra ctor fails 10 "mpl y
l\i th any req uircmcm of thi s pro\'i sio n or CRS §8-17.5-10 I ct s~q .. the contrac ting late agency.
in stitut ion of higher cduca 1i on or pol iti ca l su bdivi sio n may 1errninate thi cont ract fo r breach and . if so
1cn11inated. Co ntrac tor shall be liable for damages .
20 .10. PUBLIC CO~TR ACTS \\ITH NA TURAL PER 'ONS. CRS ~2-1 -76.5-101.
Co 111ractor. if a nat ura l person eightee n (18) years of a~c or ol der . hereby S\\car s and affirms und er
permit) of perju ry that he or ,he (a I is a ci tize n or othcrw i ·e lawful !) prescnl in th e United States
pur suant IO federal lnw . 1b) sha ll wmply 11i1h the prolisions ot'C RS §24-76 .5-101 Cl seq .. and (c) ha s
produced one forn 1 of identifica tion re4uired t.y CR §2 4-76.5 -103 prior to the effwiw daic of thi s
co 111ra·t.
THE P . .\RTI ES H ERETO H A VE EXECL 'TED THIS CONTRACT Persons sl~nin ~ for Contractor h ereb~ swear and affirm that they are a uthorized lo act on Contractor's beh alf and ackno\\ ledge that the O" n er is relying on their repres entation~ 10 that effec t. co:-;TR..\CTO R: Amemco. Inc. Xame: 8 N Tripathl
Title: \'ice President
Signature
OWNER: Littleton/Englewood Waste\\ aler Treatment Plant :-iame: James K . \\'oodnard
Tille: Englewood Mayor
Signa ture
l'Ul:lC l I on I
E,hibil A to Tech nkul Encr j!~ Audit~~ P roject Propo ~al Con 1rac1 ~co pe o f \\ ork Lillleton Engle\\ ood \\ as tel\ a ter T reatment Pl:rnr I ) n :11 :1 un~ In formation . ( ,,llccl Jata an,I b.tc~gruund mformainin fr,,m I h1 ncr -.,n,cm1ng l,tdlit) 11pcr,1111111 anJ cncrg) u,c li•r 1hc mu,1 rcc~nl 1hrcc ) car, rr,,m the cl 1cc111 c date of 1h1, (\1111mc1 a, 1,,IJ ,,ws: u. ll11ilJi ng ,qu:ir,· foo tage . b. Con,1ruc1ion Ja1a of buildings nnJ major ,1dJilirn1> i11.:l11J111g hui lding ,•n1cl,,pc. r. I 1ili1y company in1oices , d . Occupancy and usage infonno1i,,n.
e. lkscrip1ion of all cncrg) ..:,msuming or cncrg)·-sa1 mg equipmcm ~,cJ ,in 1hc prcmi,e,.
f. D,-..crip1ion .. r cnerg) managcmcn1 pmccJure, u1ili1ed on 1hc premise~
I!· O.:s.:rip1ion of an) cncrg) •rclmcJ 1mrr,n cment, made or current I) ocmi; 1mplcmc111cJ
h. r:>c,cripu,,n of an, changes in llw ,1ruc1ure ,,t 1hc facilil) '" cncrgi-u,ing or 11a1er•u~111g
l' iUtpmcnt .
i. Dcscrip1ion of 1u1u1c plans rcg:udmi: huil<ling m11difica1ions or cquipmcn1 moJ1licmions and
rcplJccmcms.
j.Dr:t\\ ings. as arnilablc I may inclu,le m,-chanical. plumbing. clec1rical. huil<ling uu1(1mo1ion and
1cmrcru1 urc contro ls . s1ruc111ral. archi 1cc1Urul. modilica1i(1ns and rcm,>dcl,).
k. Origina l constmc1ion s uhm i11ol, and li1ctory darn (spcci lica1ions. pump cm, cs. etc.). ns
a, ailnble.
I. Opcra1ing engineer logs. mni111cnoncc \\tlr• nrdcrs. c1c .. as available .
m. Rcc<1rds of mainlc113ncc cxrcndi1urc, on cncrl!) •Using equipmc,u, including ,cl'\ ice con1roc1S.
n. l'ri,,r cnerg) audi1s ors1udic<. ,f :mi .
2) ldenti f, Pottnl ial ~1eas ure•
a. lnt~r11c,, mdl\ itluals with ""°" kJgc of 1hc fac11it) such a., the foc1hl\ manager. main1cnancc
,1;iff, ,ubcontrJclor, and occupant, ,,1 each building regarding.
i. racilit) opcra11,,n. including cncrt:i manogcmcnl proccJurc,
ii. Fquipmcn1 maintcn.tncc pn•hkm,.
iii. Cmnfon prohlcm, and rcquircnwnis.
ii. J,411ipmcn1 rcliahilil).
, , l'rnjcc1cd c,111ipmcn1 nccJ,.
l'i. Occupanc y and use ,chcdulcs lr1r 1hc focility and spccilk cq11ipmc111.
, ii. I aci li1y improvcmcn1s pa,1. pl:mncd and des ired.
h. ',urH') 111ajorcnerg)·t1,in~ cquipmcnl. including. hut no1 limi1cd 11,. l,~h1ing 1111d,K1r and
nutdl'or). hemini; and heal Ji,1rihu1ion ') ,1e111,. coolings) sh:m, anti 1da1cJ ,·,1uip111e111.
Jllh>m:uie temperature con1r11l ') sicm, anJ cquipmenl. air Jismbu11nn ')'•cm, .uul equipment.
,,u1d,,or, e111ila1i,,n sy<icm, ,mJ <'(Juipmcm. c,hau\l >) s1c111> ,mJ equ1pmcn1: h!II ,,atcr ,ys1cm,.
dcc1ri.: n1<•10r,. 1ransn11"i"n and Jri1c ')'lcm,. 'Jl('ci.11 si,tcms such as Luc hen Jmmg
..:qulpm"'·m anJ !\\\ imming f)(M'l,. n:nc.;"\\Jhk 1.•~rg~ ~~,tl·m,. ,,-.thcr cn~rg~ u"tnl! ,~~h.tm,. \\atcr
l,ut"uminl! s, "terns. ~uch a, rc,trt_lt,)lll l.h1ur..:,. ,,ah..·r luunliJill~. aml 1rr1u~t1mn ,, ,h:m,.
c. l'crli>nn --1~1c-nigh1" sttrlC)s m11,idc ,,r nnnnal husincss hours or nn 1~cc•cnd~ 10 co11tim1
huildmg sys1c111 and occup.1nc} schedules. ii deemed ncccssar).
d. Dnelop a preliminar) li,1 o r p<11e111 i.1 I energy and ll'illcr sm ing meaSL1rc , Consider the
fo lhming for each sys lcm:
i. C'0mfon and 111ai111cnancc pr,,h lcms.
ii . I ncrf, u,c. loaJ,. pnipcr ,i,in~. ,·flidencic, .iml lwurs ,,r ,,permi"n
iii. Currcl\1 or,:r.mng cnn,li1111n h . Rcmanunl,! U~lul life , • I cNl>iht) t>I ') ,tcm rcrlll<!cmcnt , I. I l.11.irJou, matcnJI-, Jntl ,11h~r en, ,,,,nmcntal con.:t•m, , ii. O\\11cr's future plan, t.,r cqmpment rcplacem<'llt ,,r l>mlding ren." mion, ,·iii. raciht) operation :mJ maintenance proccJurcs tha1 could l>e JtlecteJ h. Cap,1b1l11~ It> nmnuor encrg) perforrnanc, anJ wrify sa, ing< 3) Ba~t-\'r ar Consumptio n I ,1abhsh l>a~e-)ear C<'nsumpuon and reconcile \\Ith end-use con~umpu,>n c,timates a. l:stuhlish Jppropriatc base ~cJr ct•nsumption h) examining utilit) bills for the p:ist tlm:.: )Cars for clectricu~. gJ,. rmpanc. ~teJm. watt. and an) other applicable utilities. Present base ) car
consumption in terms ,,fcncrg) umts (k\\-n. k\\'. ccf. Therms. gallons. or other units used in
hills). m tcm1s of energ) units per square foot. in terms of dollars. and in tem1s of dollars per
square foot. De•·. :oe the process used to determine the base year (averaging. selecting most
rcprcsentoth c contiguous 12 months. removal of anomalies. or other statistical or \\'Cother•
nonnali1cd method). Consult 11ith facility personnel to account for any anomalous schedule or
operating conditi ons on billings 1ha1 could skew the base year repr~sentation. Cont ractor shall
account for periods or time \\hen equipment was broken or malfunctioning in calcul ating the
base yenr.
b. l:stimntc loading. usage and/or hours of operation for nil major end uses of tollll l'uci lit y
consumption including. but not limi ted to: lighting. healing. cooling. motors (fans, pumps. and
mhcr penincnt). plug loads. and ot her maj or energy and water us in g eq uipment. Where loading
or usage arc highly unccnnin (includ ing variable loads such as cooli ng). Contractor shall use it s
bes1 judgmen t, spot measurements or shon-terrn monitoring. Contractor should not assume thOt
equipment n,n hours equal the opcroting hours of the building(s) or facility stuff cstimutcs.
c. Reconcile annual end-use cs1 imated consumpti on with the annual base year consumpt ion . Thi~
reconciliation shull place reasonable "real-world" limits on potential s.1, ings. Propose
adjustment< to the ba.~eline for energy and water sa"ing measures that shall he implemented in
the future
d. ror faciluks constructed and occupied prior to Jul} I. 2005. establish the acmal FY 200511006
baseline utilit) consumption and compare to the EPC base year consumiition Document.
anal)IC. and defend all ,•nrianccs between the EPC base year consumption ,alucs and the actual
l'Y 200512006 faci lit) baseline u1ilit) consumption.
-4) Prtlimin11r, Ana ly,i~. Oc,clop n prchmin.1r) anal)sis of potential cnergi and water s.i,in!!,
measures.
a. I i\l all tJ"tcntinl opponunuics. \\hcthcr cost-<:fft-ctiw or not. Consider tcchnoloi;ic, in a
comprchcnsl\ c approach including. hut not limited to: lighting ,md dn, lighting ~) stems.
heating \cnulating air conditi1ining equipment and distribution systems. controls<) stems.
building cm elope. ntutors. kitchen cquipmcm. pools. rcne"al>lc cncrg) s~ ~tcms. other ~p,:c1al
equipment. irriga1ion ') stems, and \\atcr sa, ing de\'iccs.
h. ldcntil~ mcusure, \\hich appear likely tn he cos1 cffocthc nnJ therefore \\llrrJnl detailed
mtal)sis.
c. r,,r each mc11s11rc. prepare a preliminary esti mate of encrg) or water cost sm ings including
dcscrir1ion of analysis mcthod,,logy. suppo ning calcu laii ons and assumrt ions used u, cs1ima1c
suvings.
5) l'rrliminury l\lcrtini:. Mee 1 with Owner 10 rrcscnt preliminary analysis prior to compl ete onnlysis .
Dc,crihc litm the projected project economics meet the Owner's tcnns for completing th e
I cchn ical E11crg) Audit and l'r<>posul C'ontrac1. Di scuss assessment of cncrg) us,•. ~u, ing~
('\1tcn11JI. pr,1Jc(l ,1ppunum11c,. nnJ ('\llcn11.1I t,1rJc1d,1pmg .,n cncrg) J'<'rh•m1Jocc ,,,mmct De,dop a h,t nt rccmn mcndcJ measure, for h"1hcr ,mal),i~. lhc (h1na ,hall .ii 11, Ji,crcii on. ha, c the option to rqcct uni preS<!ntc,1 c.ikula111111' 111" -..,, ing,. Jl(ltentiJI sa, mg, ullm,cJ. or rr,~cc1 rc,ommenJattons. (>) S11\'in1,ts •nd Cos t Analysis .. \nal) 1c s:11 ing, anJ "'"" liir each mutually Jgrccd 111 energy nnd 11atcr sa,·in11 measure and an) mu1unll) agrccJ 10 copu.il 11npn11cmcn1 measure,. a . Follow 1he melhodolog~ of the Amencan Society ,,fllea11ng. Rcfrii:cratiM. nnd Air Conditioning Engineers (AS I-IRA F) or ot her na1ionally-rcc,1gni1cJ au1hori1ics foll(1wing the engineenng princ1ple(s) identified for each re1rolit option. b. L'tilizc .issumptions. projec1ions and ba~elines \\hich best represent the true value of fumrc energy or operational savings. Include accurate margi nal c,,sts for each unit of savings at the
umc the oudi 1 is pcrfonncd. documentation of ma1erial and labor cost sa,ings. adjus1men1s 10 1he
baseline lo reflect cu rrent conditions a1 the fac ilit)', calculations \\hich acco unt for the interac1ivc
effects of the rec ommended measures.
c. l 'se besl judgmcm regarding the e;11ploymen1 of insinnncntation and recording durations so as
10 nchie, c an accura1e nnd faithful characteri1.a1ion of ener11J use.
d . Use markups and fees s101cd in c11ntrac1 in nil cost cs1ima1es.
e. Develop a preliminary measurement and veri licati on plan for each measure.
f. Folio\\ additional guidelines for analysis and repon preparation ~iven bclo".
g. Include cost to prol'ide scr1'ices nnd comple1e application for ENERGY • f AR Label. LEED-
EB cenif'.cation fo r Existing Buildings. or miter cenifieation.
7) Drafr Audil Repon. Prepare a draft Technical Energy Audu Rcpon . The repon pro,ides an
engineering and economic basis for negotiating a po1cntial Energy Pcrfonnnnce Co111rac1 between
1hc 01mer and the Co111rac1or. The rcpon shnll include :
a. O,cr1 ic\\.
i. Contact infomrntio n.
ii. Summar) 1ablc of recom mended cncrg~ and \\3lcr sa\'ing measures. "ilh i1cmi1.ation
for each measure of iota I design and construction cosl. unnual maintenance costs. the
lir~I year co~1 a,oidancc (in dollurs and energy \\Oler uni1s). simple pa)bac~ and
equipment sen ice life.
iii. Summar)' <lf annunl cm·rgy and wn1c , 1<C by fuel t)'pC and costs of existing or b:1sc yc:1r
c11ndi1ion.
ii·. Cnlculnti on of cost sa, ings expected if all recommended measures nrc implemented and
11,tal percentage SOl'ings uf total fncilit) cncrg) cos1.
,·. Descript ion of the existing facilit). mechanical nnd ck-ctrical si,tcms.
,·i. Summar; description of measures. mcluJi11g es1imn1cd cos1s nml savings for each us
Jdaik·d ah.we.
1 ii. Discussion of measure, considered but 1101 in, cs11gmcd in Je1.1il.
1·111. t'onclusions and recommendation s.
h. ll:Lsc ) car cncrg)' u-;c
i. Description and i1emi1J1 ti on of current hailing rates, including schedules and rider;.,
ii. Summar)' of all u1ili1y bill s for all fuel types and ":,ter.
iii. lJen1ifica1ion and dcfini1ion of base year consump1ion and dcsrnpllon ofho11
csrnblisheJ.
ii·. Rcconcilia1ion of cs1ima1cd end us.: consumption ti.c. ligh1ing. cooli ng. heating. fnns.
plug loads. c1c) 11i 1h biL~c year (include discussi,111 of an) unusun l finding s)
c. Fu ll Je~crip1ion of each energy and 11111cr saving measure including:
i. \\ rillcn Jcscrip11on of:
A. Exis1in~ rnndi1i ons B. Dc:.cnpuon of cqutpmcm 11, he itmallcd und l11m i1 shall J'unc1ion. (' Include discussion of IJcilil) opcra1ion, and maimcnancc proceJures that ,hall 11'! nffec1ed by installatiot\. implemcntn1ion. D. Present 1hc plan for insialling t>r implementing 1hc rccomm~nda1ion . ii. Sa, ings calculn1ions: A. Base ~ ear energy use and cost 13. Pos1-retrofi1 energy use and cos1. C Sa\'ings cs1ima1cs including :mal)-sis methodol ogy. supponing cnlcul«1ion~ nnd assump1ions used. D. Annual SB\'ings estimates. The cost savings for all energy saving measure.~ musl be
dctcnmined for each year during 1he contract period. Savings must be able 10 be
achic\'ed each year (cannot repon average annual SB\'ings 0\'er lhe tenm of1he
contrac1).
E. Savings must be limi1ed 10 savihgs allowed by the Owner as described abo\'e.
F. Percent cos1-avoidance projected.
G. Descrip1ion and calculations for any proposed rate changes.
H. Explanation of how savings interactions between re1roli1 oplions are accoun1ed for
in cnlcula1inns.
I. Operation ..nd maintenance savings. including detniled calcula1ions and
description. Fnsure 1h01 main1enancc sa, ings IIJ'c only applied in the applicable
years and onl) Juring the lifetime oflhc particular equipmcr,i.
J. If compu1er simulation is used. include a shon description and stale key inpu1 dma.
If rtques1ed by Owner. access shall be provided 10 the pr0l,lrDlll and all assumptions
and inputs used, and/or prin1ou1s shall be provided of all inpu1 tiles and imponan1
output tiles and included in the Technical Energy Audit "ith doc11mcn1ation thal
cxplnins how lhe final savings figures arc derived from 1he simulation program
ou1pu1 printouts.
K. If manunl calculations are employed. fonnulas. assumptions and key data shall be
Slated.
L. Conclusions. obscrva1ions. caveats.
iii. Cost estimate -Include all infonmation required under CRS §24-30-2002 as \\CII as n
detnilcd scope 01'1he cons1n1c1ion work suitable forl ,SI estimating. Include all
an1icipa1cd costs associated with installa1ion nnd implemcmntion . Provide preliminruy
specification.~ for major mechanical components a.~ \\CII as dcmilrd lighting and wn1cr
fixture coums. The following shall also be included:
/\. Engineering/design COSIS.
II . Con1rae1or/\'cndor estimates for labor. ma1erials, and equipment : include specinl
pro\'isions. overtime. and oil <llhcr appropriate items. ns needed 10 accomplish the
\\ork with minimum disruption 10 the opcra1ions of the facilities .
C'. Pcm1i1 cosls.
D. Construc1ion management fees.
E. Environmental costs or benefits (disposal, avoided emissions. handling of
ha1ardous mmcrials. and any other related cos1s).
F. Note thal ull markups and fees stated in Exb lbit D 10 the Technical Energy Audi1
and Project Proposal Con1roc1 (TEAPl'), 10 \\hich this Exhihil A is auuched. shall
he used in the cost cstimnt~s. unles~ otherwise documented and justified due to
clmngc in scope or size of project or other unforeseen circumstances.
• <..i ( rnh:lu,ion\. nll~n. atu,n\. c.·a, .:ats. 11 < >1hcr c11,1 c.11ci:oric, ,h JdincJ atx,,c unJcr .. mJrkup,· 111 C11ntr.1c1 d. \h,cdlJn,•,1u, i. I sumate ol a, cr:,~c 11«:ful sen ice hti. ,,t equipment II. l'rclim,llJI) c,1mnus,111runi: pl,111. iii. Prclimm~ measurement and ,critica1ion plan. foll1ming 1hc lntema<ion,11 Pcrr'onnance ~lcasuremcn< and \'crilication Pm1ocol mos< currcm lntcma1ional l'crfomiancc ~lonnoring anJ \'criiicniion Promcol <IP:-1\'PJ. c~plaining !um ,a, mi:s from c,1ch measure ism he measured anJ ,erilieJ h. Discussion of 1mp.1cts that focilit) would incur after con1mc1 ends. ConsiJer ,1pcmti,m .mJ maintcn.'lllce impocLs. stafling impacts. budget impacts. etc a.nu idem if) "hl1 i,
rc,,ponsihk for mmntcnancc.
,.. Comp:nibilit) \\ith existing sys1cms.
8) Po>t-A udh .\l eetinjl. Meet \\ith Owner to rc,·ie" the recommendations. sa\'lngs calculation, anJ
impac< of the measures on the operations of the facili l). Describe hm, the projected project
economics meet the Owner's tem1s for completing the Technical Energy Audit and l'crfommncc
Contract l'ropMnl. Discuss 1hc willingness anJ t<1pahili ty ofO\\11cr to make cupital cuntribution~
IO the project to impmvc th e economics of the O\'erall project. Revise Audit as directed hy (h,ncr.
9) Co 0111lc1c und Prese nt Final Tec hni ca l Encr~y Au dit Report. De li\'er linnl audit rcpon to
Q1,11cr for uppro\'(1I. Execu te Exhib it B to the TEAPP.
10) Proposal. Prep(lrC nn Energy Pcrfonnance Contract Proposal using the Staie of Co lorado's l·nerg)'
l'c rfom1ancc Contract ducumcnts, In ant icipa1ion of Contractor and Q\\11cr entering int o un h 1erg}
Pcrfonnuncc Contract to design. install. and monitor 1hc energy and \\Utcr saving mcnsurcs
proposed in the 1 cchnical Fnerg) 1\udi1 Rcpon, Contrac tor shall prepare a proposa l 111 be
incorporntcd in an Encrg) fie, lommncc contract 1ha1 includes the fol lowing:
a. Project l ·ust is the ma.~imum nm to exceed amount O,rner shall pa) for the proj,·c1 and
Contmctl,r's scn·iccs. Costs nw ,I be c1111sistent wi1h mutually agreed 10 markups and fees
established in f.xhib lt O 10 tho TEA PP. Costs mai include but are not limited to : engineering.
Jcsi11ning. packaging. procuring. installing (from Technical Energy Audit Rcpon rcsult,1:
performance pa~ mcnt l1ond costs; construction management fees: commissioning cu,ts:
maintenance fees. n•onitoring lc.:s: training tees: and o\'crhead and prolit.
b. Include a Lisi of Sen ices that sha ll be pro,idcJ as related to each cost.
r. hpcctcJ tcrrn of the l.nerl!) l'crfomiance Contract.
d. f.xJll.'CtcJ utilit) rate forcca,t 1c-scala1ion or decline) based on historical trends. uulit) prm 1Jcr
r Jte for,'Ca,1,. economic for,cs II f ,uppl) anJ ,kmanJ ( glob.1I. national. local or re~1<1nul t. n,uural
resource a,Jilabilit). technoloyy. utility capuul in,c,tment. and cm ,mnmcmal TC<JU1rcmcn1,
, Gl·.O anJ ur the I h,11er ,hall he consulted on the appropriate fuel price ei;calation foct1lrs li•r all
rrnj,>ct,,)
e. lkscriptmn 11fh1m the pr,,j,'lt ,hnll he financed including a,ailablc mtcrcst raw, anJ linanl'ing
knn,. hJ,ed on in1erc,t rate, likd) a,uilahle t.i (h,ncr at thi s time. and based un a l>U-da) ,111J
•11)-da) h•ck u1,111111.
r. hplan.ttwn ol' 111"1 the"" ings ,hull he calcula1cJ anJ adjusted due to \\Cather (sucl1 a, hc,lling
.ind c,w1ling degree uU) s). occu1l:incy or other t:ic1ors. Monitoring and vcrilicati,,n methods 11111,1
he c1111sistcnt with th, 1110,1 current IPMVI'.
g. Amt I) sis ,,r annual cush l11l\\ fnr Owner during the comrac 1 1cnn.
E,hibil R 10 Techn ica l F.ncrj?~ Audit & Project Propu~a l Contract \otice of Acce pta nce of T ec hni cal Encqz) Audit Report Exh ibit B: '.1/oticc of Aud it Acceptance Li 1tl eto n/Englcwood Wu stcwatcr Treatment Plant
Subject to the Panic~ cntcnng into 3 nC\\ contrJCt under ~t>tA \ of the ( ontrau for
Technical Encrgi Audit and Projc.:t Pro11<1sal. \\hich was signed hi the O\\ncr on
June __ . 100<1. notice is hcrcbi gl\cn that the Owner accept~ th.: (,,ntrJCtor' s l eclmical
Encrgi Audit anJ Project Proposal
Accepted hy
>:amc: lames K. \\'oodward
Ti tle: FnJllcwood ~la\"Or
Signature '.
Date: June • ~00'1
I ,h,hit ( lcduucal I nerc) \uJn Ix l'n•1cct l'r,•P<•-..il \ ,1111r.1ct • llu,IJm~, 111, luJcJ in ,,.,r,· ,,r \\ ,,rk HuilJin~ BuilJing (i',l IIIJg lllJf I ,11 ______________________ ...c..\c:uJ=n_, ,1 ~uJ11 ~ Sen le< \urr"n Rcmh•r,cJ 1 •r" ~'1. t ~t, sn.11•1 :1i:: \dmn11,tr.t1h•n (',,n-.:rc1c: \JJu,,,n m 1w~
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~tor,~,· lllJ~ 1<JIJ Reinfor~cd
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---·
DAFT Rcir,forc cd 1991 8.150 SOOCJ w Didi; #I 1 Concrete \l.tsonr, Ccmratc Pump Rcinfor~ed 19R5 1.010 S0.09 91 Stauon C,1ncrete Bld1t nt-1 t.tasonn Dcwntering Reinforced 1999 19.m $0.09 173 1 131dg ~15 Concrete I Addmon m 2008 Masonn Di~infwion Re inforced 1977 1.820 S0.09 16-1 Bldg Dl6 Concrete Pan,11 rt:no\-atton
MllSOOI'\ rn 2008
Plant \\'atcr Reinforced 1977 1.220 S0.09 110
Bldg #17 Conc rete/
Masonry
J.\\'ater Pump Rcin'or.:ed 2008 1.925 S0.09 173
Station Concrete
Bldl? /:I 8 Mason!'\'
Bi~ulfite Reinforced 2008 2.007 S0.09 181
Bldg #19 Concrete /
t.tasonrv
Dcnitrification Re inforced 2008 18.265 $0.0() 16-14
Comple~ Concrete I
Bldu 1120 Mason!'\
Mctham•I Pump Reinforced 2008 51 I ~,, 09 -16
Station Concrete I
13ldu#20A Masonrv
Tunnels Reinforced IY77 10.750 so 04~ -184
C<1ncmc Addu,on ,n 1992
Addmon rn !008
TOTAL COST Of TEA : -----'S:.,:l.,;;5L:a,S-l..,2~.o""o ____ _
I ,hihil I) l,:~ltn11.·~•I I m:rc, \u,h1 ,\ Ptt1rt,.:1.I P11\p, ,.ti< ,1111r.11..1 1'r11h:1." 1 , ,, ind l1"h.1n_ I J1o.•n1t.·n1 ... I U1\·· n I :,..:ll."\\1tt J \\ .1,t .. \\.11,.., I r .. ·.1tm'-·n1 l1l~111 COST AND PRICING \l,1,11m11n r.1ti..·, \\1..·r1. 1..·,t.1hli,h~d h•r I,, c ,. 11.11t11.1p.1t111:: m rl1i..·, ,t 1 • I 11, r11•i!r.1111 1\..:111\\ .,r.,.· r.1' ..t!!r'-''-°.i h,r ~l11 .. 'i"-''-'Ui1. pr.11~-...11h.11 .u"· "-\.Ju.sl "',,,Ii.•,, th.111 th"• Hl.l\!mum 1,,."-l.1~h,h1. .I r.11t.·,. ~.t,"°J ,111 ·hi: •Iii..' '" '1~ n1.I l1 1".llh1ll .-11h1, '(X\:1tl" rw1i:i.t Markups \l.n"ur• ,!1..111 1"-' .... 1kul.1t\.'ll ,h j l","h:1.·ntJ~1.· .,J,11.·,l M lh.: h,1,1,.• 1..,, ... 1 h•r '""' j 1J' •11."d I h\." 1-....· ,11 11lJrgm, 11 h ti,,, rnarh.ur, 1, n,,t .. u:c1.•r1.1"1c I ''-' ,mt~ 111',' \.,th:g,in,• ... '.'lh1I\\ n R.IIH!L." h,r m.u~up~ ~ir'-' 11111 .l~(l'f'l,1h k·
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C I TEGORI or
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II IH/1. .. ( P
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On direct costs
On direct costs
•• II IRA -/ I'
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In .. luJ,:J 111
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5r1"' of o.r-ect CC'Sts
As appl,'ld by loca, 1ur,sdichon
18% for pro,ects uOd<'I S100000
rang,ng 10 0 08 tor nmiecis o,c,
$ 7 500 000 ,n srze
6 of C1,rec1 cos:,
cf 1Nrnl CO!i-15.
I/' IN.\
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-----------
------------
• COUNCIL. COM MUNI CATION Date: "genda Item: Subject: I lune 15. ~009 11 a i State ol Colorado -Enterp rise Zone ~ larketing and Adm1nostrat1on Grant Initialed By: Staff Source: Co, nmun11y DP, elopmenl Depamnenl Darren Holhngsworth
Economic Development Coordinator
COUNCIL COAL ANO PREVIOUS COUNCIL ACTION
Community Development Goal. lnllla1e business retention. re\olalizatfon. and growth strategies.
Community Oe,etopment Goat: Le>erage City resources through grant iunding.
City Council has appro,ed previous mari<eting and administ ration grant con1 1acts with th e Sta le of
Colorado -Economic Development Commission In support of the Arapahoe County Enterprise
Zone.
• RECOMMENDED ACTION
•
Staff recom.nends that City Council adopt the attached bill ior ordinance accepting Sl~,500 from
1h~ State of Colorado -Economic De\·elopment Comm,ssion (EDCl. This gran t will be used to
fund marketing and administration ac tivities for the Arapahoe Count) Enterprise Zone.
BAC KGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIF IE D
In 1990, tl1e C1l)• applied to tl1e Stale of Colorado and \\as granted Enterprise Zone status fo r a
majority of the industrially and commercially zoned proper!\ In Englewood. Englewood administers
the Arapahoe County Enterpnse Zone tor the City's of Sheridan. Littleton, ,111d Englewood. n,e
[conornic Development Commission ha, a competili\e granl program for Enterprise Zones, "hich
r rO\'ides mJri<etmg and .dminiwative support. 11 app ro, ed 1h1s will be the 1Jt l1 consecutive year
Englewood has applied for and rec cl\ ~d funding to admm11ter anrl market the Arapahoe Coun t)•
[nterpnse Zone.
The En terprase Zone rnar~eling gran t is used to support business retenuon and cornmun,ty
marl<eung acti1 Illes. Marketing a(liv11ies funded" 1th this grant enc.iurage businesses to 1ake
advantage of Enterprise Zone 1a, uedi1s and highlight lhe Engle\vood business comm111111i•,
In 2008, 81 Engle\,·ood businesses da.med tax credi ts 1hrough 1h e Eilterprise Zone. Benefits to
Englewood businesse, loca ted In the Arapahoe County Enterprise Zone to tal Sl ,005,39i in State ot
Color.id o ta, credits . TI111 includes tax cred11s in 1h e following calegorles· S77~.555 in lrl\'estment
ta, credit. S 121. -54 in ne" business lacihty 1ax cred,t, Si3.~89 ,n 10b tra,nmg tc1x cr.,dil, $15,856 111
hetllth 1murdnce u, , rt•d ll Jrut ~1• "I I ,, u r1•:.1•,1r, It Jnd dtA eloprnen l l<l'< credit Englewood ~,11sinessl"S rt:portL•,t 1cul 11 , ul ~l .. \h1tt•1>h ., 1,.~, S lll nuthon dunng :?008. [n~lt:wood busmC\)t'' 11•1u1r:,•d 'lh 1w1t., 1rih, ,, 1h tlrl t" t'rJt:tt> ~dlar) OI 551 .874 per employee. (nglewood s.ilaries mcre,1w<1 I\· ,.,., :,xi· hn\\1•11•r th e <ap11al 1n1estmen1 decreased frr,111 $5 5 mi lli on in :?OOi 10 $Jq 111111 11111111 ~•~lfl FINANCIAL IMPACT The Economic Developnw111 Cm111Hl\\lttn •~1111111•, 1h,11 the C1tv provide matching fund, to meet
grant requirements. The Jn,,clwd c 1>1111.1.i llrM ~••n thl' £ rnnomtc Da elopment Commission and
the Oty of Engle\\ood pledg,s SI ~. ,on 111 Int JI m,1 1, h1111111 ,nds to meet this obligation. These
funds are Included in th e C nn1111unll\ !),•, 1•l,11mwn1 d,•p.1rtnwn1 al budget Grant and matching
funds wiU be used tor a ,anel\ of ln1,•11,n"• /1,n~ mJJl.~ung ""ti adm,mstra tl\le acri, tries.
UST OF ATTAC HMENTS
Proposed Bill for Ord,naocr
Economic Development Commln1on -ln lN~tJw11u11~111,1I A111rrmen1
•
•
•
•
•
•
OROr.-:A~CE :SO, SFRIES OF 2009 IJY \l 11101\11\ COllNC'II 1111 I NO '4 I\ I Rlllll I I fl II\ I Ill \t ll \II \1111 R ABIU.FOR AN ORDc,/ANCE AUTHORIZING ACCF I' I 1\N,H l1 \I ,K \\ I I llllM I Ill \I \11 01 COLORADO. ECONOMIC OEVEI Ol'MEN rcml\llSSUI\ I C)I( \I \Kl.I I 1\1, \\I)
ADMINlSTRATI\'E SUPPORT IN THE 8'11:RPRISI /0\I
WHEREAS. m 1990 lhc CnyofEnglowood opphcd 1u 1hr t\•lomtk, ll<-panmnu ,,t I ,,cal
Affairs and was granted. Enterprise 7..once status for a mtlJOnl) of thr mdus1nnll) nnd
eommerc1ally wncd propcny in 1he Cil y o f Englewood. and
WHEREAS. the S1a1e Economic Oe,·elopmcnt Commission has a compctiuve grant program
for markcnng and ndminis1n11ive support of l:merpr,sc Zones; and
WHEREAS. the Enterprise Zone 1s used 1111he Cny to innia1e busmess re1cn1 ion and
conmiunity marketing activities; and
WHEREAS. 1he Enterprise Zone Marketing Grant encourages businesses to toke ad,nniagc of
Enterprise Zone tax credits. and highlights. the Englewood business community; and
WHEREAS , the Colorado Stale Economic Dcvelopmcn1 Comnnssi on requires thnt 1hc Cny
provide matching funds 10 meet Grant rcqu1remen1s; and
WHEREAS, the Grant and related Agrccn1em between the Sme of Colorado Ec111,c11111c
Development Commission and the Cny of Englew<X'd pledges S 12.500.00 m local Ol,'ltdunii
funds 10 meet this obligauon; and
WHEREAS. n~1tching funds have been alloclllcd m Community Dc,·clopm<.111·s budi;ct. and
WHEREAS, thi s Grnnt and 1he !llatchlllQ funds will be usc-d for a vnncty of l·ntcrpn ,c Zone
marketing and adminis1n111vc octh ities in lhc C'uy of Englewood.
NOW. TIIEREFORE . BE IT ORDAINED UY Tl IE CITY COUNCIi OF Tiff lTl'Y OF
ENGLEWOOD. COLORADO. AS FOLLOWS·
Sc-c\it•n L The Agreement between the State ofColorndu. ~eononuc lkvclopmcnt
Comm1ss1on. a;ld the CII) of EnglC\lood for a Grant ClfSll.500,tkl 1<• be uscJ fc•r LnlCfJlnSc
Zone Marketing nnd Administrative ncu ,111cs. a copy of whid11s nuucllcd hcr,10 us bl11h11 I, 1s
hereby accepted .
./ _,,/ ~ l)Jo ·Mayor and Ci1y Clerk arc au1honzed 10 Slgll and allesl s.11d Ai;rcemenl '<lfand n behalf nf the CU} of Englewood . ,,. ,.,,,,•1n1roduccd. read in full, and passed on lirs1 reading on lhe 15th da) of Junc.1009 Published as a Bill for an Onbnance m 1he Cuy·s offic,al neu·spapcr on !he 191h da} of June. 1009. Published as a B,U for an Ordmancc on lhc C11y's official webs11c bcg1MmG on 1hc I 1h day of
June. 2009 for 1htn (30) days .
Jame s K . Wood ward. Mayo r
ATTEST:
Loucri shi a A. Ellis , Ci ty Clerk
I, Loucri shi o A. Ellis, City Clerk of the Cit y ofEnglewood. Colorado , hereby cert ify !hat 1hc
abo ve and foregoing Is a true copy of a Bill for an Ord inance , in1roduccd , read in full , and pas sed on
li rs1 readin g on 1hc 15th da y of June , 2009 .
Loucris hi a A. Elhs
•
•
•
.. STAT£ OF C OLORADO As:'!':-::,-CO A P 7-:!::-.C' • 000:, Fund l ."O Appror C>O~ Ur; 9o:n bcim".k~!I~ • DC.OC-ij OHICI 01 CC O'.\'O;\JI C DE\'ELOPMENT A N D f l'iTERN ATlON AL T RA.DE GRA NT AGR£E:\1E 'T E111 crprise Zone Mark eting Grant Agr eement wi t h th e City of En glewood
TABLE OF CO:'\'TENTS
I PARTIES ... •... ................. .. . .................................................................... ·········----
l U'FECTl\'t OA ,E AND NOTICE OF NONLIABILITY ............................................................................................. I
J. Rl'C'ITALS ......................................................................................................... _ ................................................... I
, DEFl1'ITIO:,i~ ...... ·······•··••········•-····· ........................................................................... 2
5. TI.RM AND EARL \ TERMINATION. ......................................................................................................................... 3
6 STA TEME1''T OF WOR.K . __ ..... _ ............... ·-················· .. ···· ... · .................................................. 3
7. PAYMENTI' 1 0 GRANTEE .............................................................................................................................................. 3
8 REPORTING AND NOTlFICATION. . ................................................... -........................................................ 4
9 GRA1'.EE RECORDS .................................................................................................................................................... 4
10 CO NFIDEl'IT IA L INFO RMATION AND STATE RECORDS .................................. _ ................ -----S
II CONFLICTOFINTF.REST ..................................................................................................................................... 6
12. REPRESE!>7 ATIONS AND WARRANTIES ................................................................................................................ 6
l l L'ISURANCE. .... ···-........ ..·--· ........ ..-.. -................................................................................................. 6
14. BREACH ....... , ................................................................................................................................................ -....... 7
15. RF.MEDIES ... -······ .... · .... · ... · .......................................... 8
16. NOTICFS Al'-.n Rl:l'RfSEl'/TAll\'ES ... , .................................................................................................... 9
17. RIGH1'S Jr,.' DA: A. llOCUMENTS. A'>D COMPlffER SOFTWARE.. _ .. .,_ ............................. -........... 10
IS OOVFRNMf'ITALIMMt;NIT\' ............................................................................................................. 10
19. STATE WIDE l.iRAt-I MASiAOf.MENT SYSTEM .. __ ..... . .................. --...... _ ............................ _ ..... 10
20. GENERAL l'KO".NONS , .................................................................................................... 11
21 COLORADO Sl'KIAL l'IW\'l~IONS ..... -................................... _ ............. _ .............. -......... n
z: SIG!>A TURI l'A ,f ,-..................................................................................................... 15
23. EXHIBIT A S1 A TI'Ml:N1 OF WORK .... .. . ..... . .. ............................... -................................... I
I. PART IES
TH IS GRANT AuRHMLt,; I 1hercm;11tc1 c.llcd "Ag1ccmen1") is entered lnto b)' and between City of
Englewood, Comm:inm Drnlor111cn1. 1(100 Enilewood Parkwai, Englewood, CO 80110 (hereinafter called
"Grantcc·i, ru,d tlie !,7 A ff llf l"I ll ORA DO ac1 ing by nnd thro u~h th e Colorado Offi ce of Economic
Developmen t and lnl<'fl1Jt1011.1! ·11 ..J•. C,,11>:ldo l'conomic Oevclopmenl Comrmssion, 162S Broadway, Suite
2700, Denver. ('O &OW! lhmm•fier called the "S1,1c" 01 "OFDl1"').
!. EFJ-'[CT J\'E !IA.I t A "\'II ',()T l( r OI-/\0:'i l.lAIIIUT\'
Th is Agreement shall ,wt be cffernve or cnfo,ce,ble until ii 1s arp1ovcd and signed by the Colorado State
Controller or their ;!:,1~nce (l..re11,.hc1 <1llcJ the .. r.r,ect,ve Unte"). The Stale shall not be liable to pay or
reimburse Grantee for 11ny pcrlonnancc hc1cu11dcr. mcludini;, but not limited to costs or expenses incum:d, or be
bouod by any p1<.w1s:on hereof pni>r 10 1!,, I· ffcc tl\·c Oatc
3. RECI TALS
A. Authority , Approp rlo llon. ij lHI Ap11ro,·nl
CR5 §24-46-101 tluou~h ~.1 46 10\ c<t,hh,hei the l ·,,: raJ,, Economic Development Fund (hcrcmafter
called "CEDF"), ond "1,, !•e aJm,nl\ltrtd I>) the C'o!,,1.,Jo (lrtice ofEconomic Development and
ln ttrn:111<>n3l 1r.Jr A,u:hor ') n , the !J•., Jr,.• 1.,1c ~con ~uJ~<tcd, apprornatcd and
t•..,. I uflS
I, I B I T
otht:"'A'is~ ma,fo a,·ailab!e ant:. su::·1c1e:.: u:-:m:u:nberc<! b.?:ancc L1e:-cci:' ~rr:ams av3:laatc ro: cncumbc~.ng am! subscq'J~nt pa.~m:nt ,;.,:' th:, Af:o-ement Rc:q u1r:C ap;,rov .. •: . ..:Jea:an..,;c and co01dtner.t1on h.ivc bee, ac:~mpltshcd frorr an~ wit!, ~;,pr~pr:il1e agencies n. Considcntion Th, Parties acknowledge tha1 the nmtu2! promises and coverwil> ,u1111med herein and other good and ,..,luable eonsidcr:iuon arc sufiicier.t ar.c adequate to suppo n this Grant C. Purpos e T'le State desires to promote economic development m Colorado by u•isuns local communHics 1n expandin, their economic base G:-ont funds will support marletmg ~ local area 1n the Ente:prise Zone. D. References All references in this Grant to seuions (whether spelled out or us ing the s symbol). ,ubsecuons, cxhibns
or other anach:nents, arc references to sections, subsections, exhibits or other attachments con1n1ncd
herein or incorporated as a part hereof, unless ollte!'ll•isc noted
4. DEFL,'JTIONS
The following terms as used herein sbaU be construed and interpreted as follows:
A. Budget
"B udget" means the budget for the Work described in Exhibit A
B. Evaluation
"Evaluation" means the process of cxaminlog Grantee's Work and rating it based on criteria established
in §6 and Exh ibit A.
C.CEDC
"CEDC" means the Colorado Economic Development Commission who made this Grant tvailable.
D. Exhibits
The following exhibit is attached hereto and mcorporated by refer.net herein: Exhibit A (Statement of
Work). 4 t
E. Goods
"Goods" means 1angible material acquired, produced, or dciiverc-d by Grantee eitbr~ separn1cly or in
conjunction wtth the Services Grantee renders hereunder
F. Grant or Agreement
"Grant" or "Agreement" means this Gran:. ii> terms and cooduions, anacb:d exhi~.is, documents
incorporated by reference under the terms of this Grant, and any furure modifying 1ereements, exhibi1s,
attachments or references incorporated herein pu:suant to Colorado Sme Law, Fiscal Rules, and State
Controller Policies.
G. Grant Funds or CEDF
"Grant Funds" or "CEDF" means funds available for d1stribu11on by the CEl)C from the Colorado
Economic Development Fund payable by the State to Grantee pursuant to this GranL
H. Par!) or rartics
"!'arty" or "Panics" means one or all of the State , OEDIT, the Colorado Economic Development
Commission , and Grantee, its agents. employees, Sub-grantees and/or assigns.
I. Rev iew
·•Re,iew" mcara cxaminingGrantcc·s Work to ensure that n ,s adequate, accurate, correct and in
accordance with the criteria establi shed in §6 and Exh ibit A.
J. Services
"Services" means the required services to be performed by Gr.anlec pursuant to this Grant
K. Sub-grantee
"Sub-grantee" means third-panics , if any, engaged by Gran1ec to aid in performance of 1ts obligations
L . Work or Project
"Work" or "Project" means the tasks and acti,•itics Grantee 1s rcquind to perfo:m to fulfill its obhgauons t
under this Grant and Exhibit A. including the pCTformancr ~f 1he Ser\'iees and dell\"Cry of 1he Goods.
M. Work Produ ct
"\\'ft;k P:-od..i.::" me;ms; :!i.c t.!r,;1!:.-i,.. or 1ntar.1::-.:c r:!i..;~! o:-Gri.tm:e·s \\ -,:-1. ir.:iudmg, but not hm,ted to, softw'3~, r:-st:ar:h, :--::por.!\, st .. ~1es, data. pholop.rapr..,,; ncgauves or uth e~ finished or un fimshetl docum:m Cra"' 1n ~~. madcl sur\':ys, m:i;,~. rr.a1cr:::?:s, or wark pr ... 'Jct of any type. 5. TERM AND EARL\' TERJ\11:'\ATIO:S. A, lntlal Term and Work Co m111en cemcn1 The Panics respecu,·e pc:ionn!nce under this Agreement shall commen ce on the Effecuvc Da te This Grant shall 1ennina1e on Oece:nber 31 , 2009 unless sooner tenninatec or farther extended as ;pec1fied elsewhere herein. B. State's Option 10 Cucnd The S1a1c may require conunucd performance for a pcnod of 3 months at the same rates and same terms specified in the Grant The 10usl dunmon of 1h1s Grant, including the exercise of any options under this
clause, shall not exceed I year and 3 months
6. STAT EMENT OF WORK
A. Com pletion
Grantee shall complete the Work and its other obligations as descn'bcd herein and in Exhibit A on or
before December 31, 2009. The S1a1e shall not be liable to compensate Gnn1ec for any Work performed
prior 10 the Effccuvc Date or after the termination of this Gran1.
B. Good, aad Services
Grantee shall procure Goods nnd Services necessary 10 complete the Work. Such procuremeol shall be
accomphshed using the Grant Funds and shall nc,1 increase the muimum amount payable hereunder by
the Stale,
C. tmploym
AU persons employed by Grantee or Sub-grantees shall be considered Grantee's or Sub-grantees'
employec(s) for all purposes hereunder and shall not be employees of the Sme for arl\' purpose as a result
o!this GranL
7. PAYMENTS TO GRANTEE
The Sme shell, in accordnncc with the pro\'isons of this §7, pay Gran1ec 1r. the follo wing •mounts and using the
methods set ionh below·
A. Maximum Amount
The maximum amount payable under this Grllllt lo Grantee by the State is S 12.500, as dctcnnincd by the
Stare from a\'ailablc funds. Grantee agrees to provide any add11ional funds required for the successful
completion of the Work . Payments 10 Gramee are limited 10 the unpaid obhgated balance of the Grant es
SCI fonh in Exhibit A.
B. Payment
i. Ad\'a nce, lnlerlrn and Final Payment
Any advance payment allowed under this Grant or in Exhibit A shall comply with State Fiscal Rules
and be made in accordance with the provisioos oflhis Granl or Exh ibi t A. Grantee shall mi11n1e nny
payment requem by submining invoices lo the Slate in the form and manner set forth m Exhibit A.
ii. lntcresl
The State shall fully pay each invoice w11hm 4S days of receipt thereof 1f lhc amour,! 10vo1ced
represents peformnnce by Grantee previously nccepted b)' the S1a1c . Uncon1es1ed amounlS not paid by
the Stale within 45 days m.,y, 1rGrantcc so requests, bear m1eres1 on the unpaid balance beginning on
the 46th day at a rate not to exceed one ipcrccnt per mon1h until paid in f'ull; pro,ided, however, 1ha1
in1erest shall not accrue on unpaid amounts 1ha1 arc subJcCI 10 a good raitb dispute. Grantee shall
mvoicc lhc S1a1c separate ly for accrued interest on delinquent amounts The billing shall reference the
delinquent payment, the number of day's in1e1es1 to be paid and the interest rate.
iii. Avallabic Funds. Contingency and Termln11ion
The State ts prohibited by law from making fiscal conumlments beyond the term of the S1a1e's currenl
fiscal year Therefo:c, G:11n1ec 's compcnsa11on is conlingent upon the continuing nvnilabib ty of State
~pprnpria11 ons as r r<wide J in the ,~lor:ido Special Pro,·isions, set fo nh helo\\ If rcderal funds arc
ra~cl of 15
used with this Grant ,r. wholt or or. pact. lhe State's pcrfotman:c hereunder" contingent upon the conunu,ng a-·oilnbiht) of s~:h fund< Paymont! pu,suont to this Grant ;h1II be maJe or.I) from ava lab le funds en::umcercd for :his G:a:u and the State's l1ab,:1~ for such pay:ner.ts shall he hm11cd to the amount re:nain~g of sue~ cncu:nli<r<d funds Ii Su1e o: federal fu:u!s a:c no: appropn2tcJ, o: olhef"1SC become una,-atla'ble IO iund uus Grant, the State mzy unmedi11el)' 1em11na1e this Granl tn whole or in pan wuhout fu:'thcr hab,luy in accordance "'th the prov,s1ons herein I,., Erroneous Paymenu Al the Stnte's sole discretion, payme nts made to Grantee in error for any reason, tncludmg, but not limi1ed to ove!Jlaymcots or improper payments, and unexpended or excess funds received by Gmnicc, may be recovered from Grantee by dcduet1on from subsequent paymenu under this Grunt or other gl'IDIS or agrecmcnlS b<:twccn the State and Grantee or by other approp:iate methods and collected as a
debt due 10 the State. Such fuods shall 001 be P41d lO any pasty other that the State
C. Use of Funds
Grant Funds shall be used only for eligible cosls idcnufied herein and/or in Exhibit A. The State's total
consideration shall not exceed the maximum amoun l shown herein.
D. Matching Funds
Grantee shall provide ma1:bing funds as provided 1n E1hlbi1 A.
8. REPORTING AND NOTIFICATION
Reports, Evaluauons, and Re,~ews required under this §8 shall be in accordance with the procedures of and in
such form as prescnl>ed by the State and in accordance wi1h §19, if applicable.
A. Perrormonce, Progress, Personne~ and Fund s
Grantee shall submit a report 10 the State upon expiration or sooner termination of this Granl, containing
an Evaluation and Review or Grantee's pcrionnance and the final starus orGrantcc's obliga1ions
hereunder. In addition, Grantee shall comply with all rcporung requirements. if any, set forth in 'Exhibit
A .
B. Llllg11lon Reporting
Within 10 days after being served w11h any pleading related to this Agreement, in a legal acuon filed with
a court or adminism1tive ngency, Grantee shall notify the Stale of ouch action and deliver cQpies of such
pleadings 10 the State's principal representative as identified herein. Ir the SUlte or its authorized
rcprcsenu11ive is not then servtng. such notlce and copies shall be delivered 10 the Execullve D1rec1or of
OEDIT.
C. NoncomjJlllnte
Grun1ee's failure 10 provide rcpons :111d notify the Stale in a timely manner in accordance wuh this §8
may result in the delay or payment of funds and/or 1cnnina1ion as provided under this Grant.
D. Suh-granls
Copies of any and all Sub-grants entered into by Gran1ec 10 perform its obligations hereunder shall be
subm111ed 10 the Stale or us principal rcprescn1a11vc upon request by the State Any and all Sub,grunlS
entered into by Grantee rclaled to its perforniantc bcfeundcr shaU compl) with all applicable fcdcml and
state bws and shall provide 1hat such Sub-granu. be govcmcd by the laws of the State of Colorado
9. GRANTEE RF.CORDS
Grantee shall mnke, keep, maintam and allow inspec tion nnd moni1oring of1hc following records:
A. Maintenance
Grunlce shall maintain a complete file of all records, documents, communications, notes and other wnuen
mo1cnals, electronic media file~, and communicauons, pcnaining in any manner to the Work or lhe
ll•liveiy of Services (including, but 001 hmitcd 10 the operation of programs) or Goods ~ndcr
Grantee shall maintain such re;ords for a period of time (hereinafter called the "Record Rc1ent100
l'enod'') until the last 10 occur of the following:
J. a period of three years after the dn1e this Agreement is completed or terminated, or
II. finnl payment is made hereunder, or
Ill. for such funher period as may be necessary 10 rcs~lve any pending manen. or
P•~• 4 of!S
h. 1: un audn is o~=u:-mg. ot G:-[lnt~~ ha<-:-c.:~1ve(! nou..:e lh:i; .1.n omJu 1s pc:, ~ir.g. the:: until such audit has been ,ompietCC anC 1H rir.dm~:i-hu.\·~ i",e::r re'l,o:,..cd. R. lo spccrlon Gnmee shall ;,en,,,, the S111c. ~~• ic~m: government and an~ other du!y •~t~or:ud ~~em of a govommen1al ,gen9 10 audit, 1nspcc1, examine. e.cerpl, copy ond:or mir.mibe Grantee's records related to this Grant dunng the Record Rmnuoc Pcnod for a period of three years following terminauon of1his Grant or final paymcn1 hereunder, whichever is later, to assure comphancc with the terms hereof o: to evaluate Grantee'-, perform•ncc hereunder The Stote reserves the right lo inspect the Work a1 all reasonable times and places during the term of this Gran t. including any extension. If the Worl. fails to conform 10 the rt4u1remen1.1 ofth1s Grant, the State may require Grantee promptl) 10 bring the Work into conformny with Grant requ11Cments, at Gran1ee·s sole exper.sc lfthc Work caMot be brought into
conformance by re-performance or other correcu,·e measure;, the Stote may require Grantee to take
necessary acuoa 10 ensure 1h01 future performance conforms 10 Grant requirements and exercise the
remedies available under this Grant, a, law or inequity in lieu of or in conj un ction with such corrective
measures.
C. Monitoring
Grantee also shall permit tlie State, the federal govcmment or any other duly authorized agcot of 1
governmental agency, in their sole discretion, to monitor all acthitics conducted by Grantee pursuant to
the terms of this Grant usmg any reasonable procedure, including, but not limited to: internal evaluation
procedures, examination of program data, special analyses, on-site cheeking. formal audit examinations,
or any otlier. AU such monitoring shall be performed in a maMe r that shall not unduly interfere with
Grantee's performance hereunder.
D. Flnal Audit Report
If an audit is performed on Grantee's rerords for any fiscal year covering a ponion of the term of this
Agrccmcn~ Grantee shall sublTllt one copy of the fmal audit repon 10 the State or its authonted
• reprcscotative al lbe addr,:ss specified herein.
10. CONFrDENTIAL INFORMATION AND STATE RECORDS
Grantee acknowledges 1ha1 it may become privy to confide ntial information in connection with it ~ pcrformr.ncc
hereunder, including, but not limited to sta te records, personnel records, and mfonnauon concerning individuals.
A. Confidentiality
Gramcc shall keep all Slate records an~ mfom.ation confidemial at all umes and 10 comply with all laws
and rcgulatwos concerning coniiden11ainy of mfonn311on. Any request or demand by a third p3f1)' for
State records and inforrnauon in the possession of Grantee shall be immediately forwarded to the Stoic's
principal representative
B. Notlflcnllon
Grantee shall notify its agent, employees, Sub-grantees, and assigns who may come into conlnct with
Sme records and confidential information that each is subject 10 the confidcnt,alil}' rcquirementS set fonh
herein, and shall provide each with a wnuen cxplanauon of such requirements before they are pcrmmcd
to access such records and mforrnauon.
C. l:sc. Sccurhy, and Retention
Confidential information of any kind shall not be distributed or sold 10 uny thil'd pany or used b)' Grantee
or us agents in any wny , except (IS authorized by t~is Grant or approved in writing by the State Gramec
shall provide and mointam n secure environment 1h01 ensures confidenualily of all Stale records and other
confidential information wherever located. Confidential mformation shall not be retained in any files or
otherwise by Grantee c,, 11$ agents, except as pcrrnnted in this Gran! 01 approved in writmg by the Staie
D. Disclosure and Llablllty
Disclosure of State records or other confidenual mforrna1ioo by Grantee for any reason may be cause for
legal action by th;rd panics against Grantee, the State or !heir respec11ve agents. Grantee shall ind emnify,
~ ► save, and hold harmless the Stale, its employee s and agents, agai nst any nnd all claims, damages, liabili1y
and ccurt awards including COSIS, expenses, and attorney fees and related costs, incurred ns a resull of any
act 01 onussion by Grantee. or us employees, agents, Sub-~rantcc,, or ass:gnee, pursuant 10 Lit< § I 0,
Pagdof IS
11. ( O:'\fLICI or I.\' rLRL~ r G:--a.ntcc sha,, no: nga,~ u; .my '." nmc.c:" o; pcr>C►to~l a ... u,·111..:: or rr 1. ucc~ or m1:r:t..11r. any re\at1omh1p~ \\~.,::h conflict man: wa:,· wut. the ful! r~riom,.1nce ufGrlnt::e·~ o:i::~a-or.5 her:-.r.dc~ '":"1:-i:1n1ec 3~knt,wicdges th:n wah re<;teel to this Grant. e,en the appcar,nec ofo eor.fltct of interest 11 hannful 10 the Stoics tntcn:s:s A:>scnt th, State· s prior "°ntt:r. •??ro,·al. Grantee sh,l! ref ram from ony prm1tes. acu,,11:s or rela11onsh1ps that reasonably appear to be in conflict with I.he full performnnce of Gruntecs obl,~auons to the State hereunder If a confl1c1 or •?peannc, exists, or 1f G:antec 1s unccnam whether J confl,c1 or the appearance of n cooflic1 o: m1ercs1 exists, Grantee shall submu 10 the St.ate a disclosure st.atcmcn1 semni; for1h 1hc relevant d:u1ls fo, the Sme·s cons1den11on hilure to pr,,mptly submn a disclosure s1at~mcn1 or 10 follow the State's direc11or. tr. regard 10 I.he appurcnt conflict constitutes a breach ofuus Grant 12. REPRESENTAT IONS AND WARRANTIES
Oraotec makes the following specific rcpresenrauons and wamnuci, each of which was relied on by the State in
en terin g into this Granl
A. Standard and Manner of Performance
Grantee shall perform its obhgauons hereunder in acconiancc wu.h the h1ghes1 standards of care, skill and
diligence in the industry, lrades or profession and in the sequence ant manner set fonh m this Grant
B. Legal Authority -Grantee and Granlecs Signatory
Grantee warrants Iha! ii possesses the legal authority to enter into this Ormt and that it bas taken all
acttons required by its procedures, by-laws, and/or applicable laws 10 exercise thal authority, and 10
lawfully aulhori2e its undersigned signatory to execute this Oran~ or any part thereof, and to bind Grantee
lo its terms. If requested by the Stale, Grantee shall provide the State wilb proof of Grantee's authority lO
enter into this Grant within I 5 clays of reooving such request
C. Licenses, Permits, Etc.
Grantee represents and wunnts that as of the Effective Date it has, and that at all umcs du:ing the term
hereof it shall have, 11 its sole expense, all licenses, cerufications, appro,-.ls, msurancc, prnnus. and other
authorization rcqui:ed by la" to perform its obhga11ons hereunder. Grantee warrants that it shall main:ain
all necessary licenses, ccr1ifi::a1ions, approvals, insurance, pcnnilJ, and oth:r ftUthorizauons required to
properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds
Addtuonally, all employees and agenlS of Grantee performing Ser\'iccs under this Grant shall hold all
required licenses or ccr1ifica1 ions, if any, to perform I.heir responsibili11cs. Grantee, if a foreign
corporation or other foreign cnmy u-ansacung busmcss m the SU11e of Colorado, further warrants 1hn1 it
curren tly has obtained and shall rnam1ain any applicable ccmficate of authority to transact businm in the
State of Colorado and has designated a registered agent in Colorado 10 accept servi-c of process. An)'
revocation, withdrawal or non-renewal of ltc:cnses. ccrt1fica1ioos, appn:l\'als, insurance, pcnntts or any
such simi lar m1uiremcn1s nccessnry for Grantee to properly perform the tenns of this Grao1 shall be
deemed to be a material breach by Grant:c and constitute grounds for temunation of this Grant
13. INSU RANCE
Grantee and its Sub-grantees shall obtain and maintain insurance as specified m this section al all umes durmt
the tcnn of this Oraol All policies cv1dencmg the msurnncc coverage n:quired hereunder sha II be issued by
insurance companies satisfactory 10 Grn ntee and the Stale
A. Grantee
I. Public Entities
If Grantee is a "pubhc cn11ty" w11hm the meaning of the Colorado Govcmmcn1al Immunity Acl (the
"OV.-1, CRS §24-10-101, ct seq .. as amended. then Onintec shall mam~,m at all limes during the 1erm
of th is Grant such hab1lhy insura nce, by commercial policy or self-insurance, as is necessary to meet
its habili11es under the GIA Grantee shall show proof of such insurance sausfactory 10 the S1a1c, if
requested by the S1a1c Grantee shall require each Grant with Sub-granl<LS thal arc public enUllCS,
prov1dmg Goods or Services hereunder, 10 mtlude the msurnncc requ1rcments necessary 10 meN Sub-
b'flln lcc's liabilities under the GIA
Ii. 1-on-Publ.ic Entl1lcs
rusr b of 15
t
It G:nnte, 1 not•' ;us:,. em11;," wahm the mean::,~ o:' the lilA G:3ntec shall oornm and mamta:n d:.L"1:tS tJ e 1-:::n o! 1h:s G:-.m~ .:15~:::.;:-~o,e:a;: ~nJ poi::1-:s :n:..•tt:n£ th!! \a,r.-:'! r!!~um~mcr.ts. set fmh :r §13(Rl w: ... •r~rc.~• 10 Su'-i. '"''!il!tS 'h.1! a:-e r.r,· "'pa:-::: :r.Utlc~·· U. SulJ-g r,ntces Grantee shall require each Grant w11h Sub-grantees, other than tho~e 1ha1 arc public enuucs. providing Goods or :itr\·1ccs m con.iection v.itil this Gran~ to m.ludc 1lb-u:ance :cquuemcnts substanually s1m1I ,, 10 the followmg· I. Worker's Co mpensa tio n Wo:ker'~ Comp<:nsauon lnsllrance as required by S~te statJte, and Employe(s liability Insuran ce covering Jli of Sub-grantee employees acung w,thm the CO\l!se and scope oflhcir emj)loyment ii. Gener al Liability
Commercial General Liabiluy Insurance writteo on ISO occurrence form CG 00 0 I I ()193 or
equivalent. covering premises opcratioos, fire damage, independent Gran tees, products aod complcl:d
operallons, blanket Granrual habihty, personal mjury, and edvenising liability with minimum limits as
follows: (a)SI ,000,000 each occurrence: (b) S 1,000,000 general •lll1regate: (c) $1 ,000 ,000 products
and completed opcranons aggregate; and (d) SS0,000 any one lire. If any aggregate limit is reduced
below S 1,000,000 because of claims made or paid. Sub-grantee sbaU immediately obtain addi11onal
insurance to restore the full aggregate limi t and fu rnish 10 Grantee a certificate or other document
satisfactory 10 Grantee showing compliance with lhis provision,
111. Automobile Llab lllt)'
Automobile Liability Insurance covering any auto (including owned, hircd and non-owned autos) with
a minimum limit of S 1,000,000 caeh acciden t combined single limi t.
h•. Additiona l l nsurtd
Grantee and the SUltc shall be namco as additional msured on the Commercial General Liability and
Automobile Liability Insurance policies
v, Pr im ae)' or Coverage
Coverage ft<!Uired of the Sub-srant..: s~.,11 be primary o,·er any insurance or self-insurance prog:am
carried by Grante~ or the State
vi. Ca ncellatio n
The above insurance p<'iicies shall include provisions prcvenung cancellation or non-renewal without
a1 leas1 ~S days pno: notice to the Grantee and the State by ccmlicd mail.
vii. Subroga tio n \\'a,,.cr
All insurance policies in any way related 10 this Agreement and secured and maintained by Grantee's
Sub-gl'lntecs as required herem shall 1~1clude clauses smmg that each earner s!u,11 wai,e all rights of
m:ove'), ~uJcr subrogation or otherwise, against Grantee or the State, 11S agencies, 1osunuions,
o~glr,i..:-~i1>r1i, officers, G.f1::,1lS, employees, nnd volunteers.
C. Ccr•ifit..k•
G,J,.tcc and all Sub-grantees s"311 provide certificates showing insur~ncc coverage required hereunder 10
the State \\llhin sev.n business dnys of the Effective Ontc of this Grant No lnlerthan 15 days priorto the
expiration date ofony such co,erugc, Grantee and each Sub-grantee shall deliver 10 the Stnte or Grantee
certificates of insurance evidencing renewals thereof In add11ion, upon request by the SU11e at any other
ume during the term of1h1s Grant or any Sub-grant rantee and eath Sub-grantee shall, within 10 days
of such rcques1, supply 10 the $tnlc evidence satisf.-tury to the State or compliance with the provisions of
this §13 .
14. BR F.AC H
A. Denn ed
In addition 10 any brcaches specified m other sections of this Grant, the failure of either Party to perform
any of us llllterial obligations hereunder in whole or in part or in a umely or sa11sfac1ory manner,
constitutes• breach. The ins111t11ion of proceedings under any banMllptcy, insolvency, reorganization or
similar law, by or aga,n,1 Grantee, or the appointment or a receiver or similar officer for Grantee or nny
of 111 prorcny. ,.foch " not vacated or full) s:ayed within lO day, nnrr the insurution or occum-nee
thereof, 1hali also c~n,111ute n breach
H l\otkt.• :inti Cun.• Period h :he ~q.~m ,ta ._ ..... a :h. no~1~e l:0 s'.t~h ,hli b~ ;:·.en 1~ wntmg :,~ tl'le u~i;~1cv~w f'.1:-:, r,, th~ ot::.:: P.in~ ~ 1 "· the rr.,1 r.,r pr,wi.lcc ,n § 16 If sud: breach 1< not cu,ed "'lthtr. :Ci da)'1 of recc1p1 ol "·n11,n n ",cc, nr .f • a curt .:am. r fie: Cl'•mr:ctcd \, tthin 30 dJ;1s-, or ii cure o: the breach hJ.!i not begun wnh1r. 30 d2yc .:..nr. ?Ur<uc.! w11l-. due d1!1g:n,c. the StJlc mn) exermc any of the romcd,cs set forth m §15 ~otw1thstandin£ anything to the contrary herein. the Staie, ,n ns JOle d:s~rcuon, neec 001 pro,·tJc ad,ance nouc,c o, • Cur< P,:;ioc ,nd :nay 1m:ned1atcl) temun,1e th,s Gm:: tn "hole o, ,c pan 1r r:35:lnab.y necess:,:y 10 prcse:v• pubhc ..1fc~ o: tn pro, ent mm,ec1a1< puh.c cn,1, IS. RE.\IED!ES If Grar,tcc is m breach under any provision of llus Grant, the Stat: shall have all or the remedies hsted in 1h1s
§15 in addit ion 10 all other remedies set forth mother 1ec1ions ofth,s Grant follow111g the noucc and cure period
set fonh ,n § 14(BJ The Stale may exercise ary or all of 1hc remed ies available 1011, m 11S sole di~creuon,
concurrently or consecuuvcly.
A. Termination for Cause and/or Default
If Grantee fails to perform any oi us obhga1ions hereunder with such diligence as 1s required 10 ensure us
comple1ion ,n accordance with the provisions of this Grant and in a timely ll\3Mcr, the State may ooufy
Gran1ee of su~b non-pcrfonnancc in aceordonc:c wnh the provisions herein If Grantee thereafter fails to
promptly cun: such non•pcrforrnanec within the Cun: Penod, the State, 11 iis opuon, may terminate this
enurc Gra nt u sucb part ofth1s Grant as 10 which there has been delay or a failure 10 properly perform.
Exercise b)' 1hc Stale of this right shall not be deemed a breach of its obhga1ions hereunder. Grantee shall
continue performance of this Grant 101he extent no11ermina1ed, if any.
i. Obligation s and Right.!
To the extent specified ,n any 1emuna11on notice, Grantee shall nol incur funhcr obliga1ions or rctdcr
further performance hereunder past the cffLcuve date of such nouce, and shall terminate ou!Slandmg
ordm aJ\d Sub-grants with tl:ird panics However, Grantee sh311 complete and deliver to !he State all •
Wo:k, Sen•ices and Goods not cancelled by the 1emunation notice and my mcur obligauor.s as arc •
necessary 10 dos~ within 1h1s Granl's 1:rrns Al the sole d1scre1ion <>fthe State, Grantee shal! assign 1.
the State nil ofGr:1n1e<'s right. u1le. and interest under such terminated orders or Sut>-grants Upon
1ermina11on, GrJntec shall take 1m1el). reasonable and necessary action 10 protect and preserve
property m the posscs,ion of Gran1ee 10 which the State has an interest All ma1cnals owned by the
Sm~ in the possession ofGra mee shall be immediately returned 10 the Stale All Work Product, al the
option of the Swc, shall be dd1vcn:d by (Jraniec 10 the State and shall become 11-c States property
ii. Pavmcnu
The State shall n:imbursc Grantee onl) for accepted perfonnancc up 1(11hc dale of 1ermma11on If, after
1rnnin3Uon by the State, it ,s dtterm1ned that Grantee was not in ore!ch or that Grantee's acuon or
inaction was c~cu,able, such terrrunation shall be treated as a tennination in the public inter-.st and the
rights and obhgauons of the Parties shall be the same as if this Grant h•d been 1crmmated 111 1he publtc
interest, as described herein
I ,cs nnd Wltholdlng
~ndins any other remed ial nc1ion by the S1n1c, Grantee als o shnll remain liabl e 10 the S1n1c
~y Gdmngcs sustained by the S1a1e by vinue of any breach under this Grant by Grantee and the
~,a•e m•y wnhhold an)' payment 10 Grantee for the pUIJ>OSC of m1t1ga11ng the Stn1c 's damages, until
such time as the cuc1 amount of damages due 10 the State from Grantee 1s detcnnmed. The Slate may
,.,thbold any amount that may be due lo Grantee as the State deems necessary to protect the State,
indudmg los.s as ~ result of outstanding hens or claims or former hen holders, or to reimburse the
Sta1e for 1he excess costs incurred m p1ocunng similar goods or semces. Grantee shall be J13ble for
c~ccss costs incurred by the Slat< in procunng from third parties replacement Work. Services or
substtmtc Goods u covered .
IJ. Earh· Tcrminntlon for th• Publ ic l niorcst
The Stale is entering in1~ this Grant for the purpose of carrying out the publi c pohcy of the Staie of
Colorado, as determined by iis Go-.mor. GencrJI 6-ssembly. andlor Court, If 1h1s Grant ceases 10 further
the rJbhe pohcy of the Stale. the Staie. in Its ,ole d:scrc t1on. may 1crmm11< 1hi, Oran! in who:: or in part.
f ,.::'-:sc b: :..~~ 5:.!;.? of tc• ·1~. ~ •• : '"' • ·~t~:::-:i: i:-:c ... !-:. o: ,~ 5 ·1:.r·s oolti•t:C·r.~ hcret:ndr. 7"n;s <'J~(,,ec~h'f, ):..1:; r.11t apf~ 1 a· -.. ~ or."' th G:-.Jn: r'~ :he-5:.1:e 10: :l.!''! or ~~e:a:~ ti~ G:-ar.t:e. \\h1~. sh.all be gc\!.:n::G 0\ § 151 \• vr JS ot:lc~ :,~ ,r::i:ic.a::: p~,.1de'1 (1,.,"' t.cre1r. I. \lcthod nnd Con1en1 The S1a1e shall not,f) G:an1ce of~uch 1emuna11on 1n accordance w11h §16 The n<m:e shali <?CCII} me cffcc11vc dote of the 1erminnuon ond whether 1t affects at : or a pomon of 1h1s Gr,1n1 II. Ohllg,tions ond Rights Upon receip1 of a tenninati on nnuce , Granite shall be su\lJec1 to and comply with 1he same obliga11ons nnd rights SCI forth ,n § I S (A)(i) Iii. Payments lf this Grant is terminated b) the S1a1e pursuo,11 10 this § l S(B). Gru11cc shall bt paid an nmount which
bears the same mio to the 10111 reimbursement under this Grant zs the SCI'\ ices sausfactori!y
performed bear to lbe total Services covered by th,s Grant, less payments previously made.
Adduionally, 1fth1s Grant 1s less lhan 60"/4 completed, the Sutc may rcunburse Grantee for a poruon
of actual ou1-<if-pocke1 cxpcn;cs (nor otherwise reimbursed under lbi$ Gntnl) mcurred by Grantee
which arc dircc1ly attn1>u1ablc lO the uncompleted portion ofGran1ec's obhgations hereunder;
provided !hat the sum of any and all mmbursement shall not exceed the maximum amount payable 10
Grantee hereunder.
C. Remedies 1'ot Involvi ng Termination
The Stale, at its sole discretion, may exercise one or more of the follow mg remedies in addition 10 other
remedies available 10 it:
{. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Agreement pendin6 necessary
corrective action as specified by the State without entitling Grantee to an adjustment tn priee/eost or
pcrformane<: schedule. Grantee shall promptly cease performance and incurring costs m accordance
with lhe S1att's directive and the State shall not be liable for coSIS incuncd by Grantee after the
suspension of pcrfom31Je<: under 1h11 prov1s1on
ii. Wlthold Payment
Withhold pay:nent 10 Grantee w11i_ COITCCUOn\ 1n scrv,= an: sa11sfac10,ily complctrd and /or
aceep1ablc goods a:e pl'lwided
iii. Deny Payment
Deny pa:ment for those Services not performed and.io, Goods nor provided and which due 10
circumstances caused b> lhe Grantee caMot be performzd or provided or, ,f performed or provided,
would be of no value 10 the State, p;ov1ded 1ha1 any denial of payment shall be reasonably relotcd 10
the value of work , performance or Goods lost lo the State.
lv. Removal
Demand removal of any of Gran tee's employees, agents, or Sub-grantees whom the Stale deems
mcompctenl. careless, insu!x,rdinJI<·, unsuitable, or otherwise unaecep1ablc, or whose continued
relation 10 this Grant is deemed to be contrary to the public interest or not in the S101e's best interest.
, . lntcllectuol Property
If Grantee infnngcs on a patenl, copyr1gh1, trndemarlt, trade secret or other mlelleetual property r.ghl
while performing 1ts obligauons under th,s Grant, Gmi1cc shall, at the State's option (a) obtain for lhc
State or Grantee lhe ngh1 to use such products and SCl'\'1ces; (h) replace any Goods, Scl'\•iccs, or other
product involved with non-mfringmg products or modify them so that they become non-infnnging, or,
(c) ifnc1ther of · iorgcgoing ahema11vcs arc reasonably available, remove any infnnsing Goods,
Services, or ~roducts and refund the price paid therefore lo the S1a1e.
16. NOTI CES AND kl.'.l'RESF.NTAT!VES
Each individual identifieG below is the principal rcprcsen1n11vc of the designating Party. All notices requ ired 10
be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail 10 such
Party's principal represenmive al the address sci forth below. In addition 10, but nol in lieu of a hard-copy
notice, notice also may be sent by e-mai l to the e-mn il addresses, if any, set forth below, Enher Party may from
Page 9 of IS
time 10 tim-; d:.:,:~:~Jtc :~: \\:IH::c. not1 ... c s•1':>st1t1.it~ ~.1.i:-::\,: ()! pc:-~'1::5 w whom su~~. not1cl',; sha!: :ic sent L'nl!( ;11hc:.\·1~c ~r .. ,.~,.:~ ;'.tr.:.r., .;1:l noh,,:,; ~L.·: h;: efic ... 1 •,c Uf'"'t. r:.:_.c1p· .uc B. Cnntcr: 1'e\ 1r. ':'1!( n Color,do Offic: of EcoMmlC De,·clo?:ncm and lntemauonal Trade I (i~~ Rroadwa, Sune 270(1 · Denver, CO 8020~ Emni: kc,·ir. tilsonsstote Ct.US
Nancy Fenton, Ent:rpnsc Zone Ad.-ninlsrra1or
C1ry of Englewood
Commun ity Devolopmenl
1000 Englewood Parkway
Englewood, CO 80202
Email. nf:nton@cnglewoodgo,•.org
17. RIGHTS IS DATA, oocu~ ,l'l'TS, AND COMPUTER SOn'WARE
Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models,
material;, or Work Product of any rype, including drafts, prepared by Grantee 1n the performance of 11s
obligations under this Grant shall be the c,nexclusive property of the State and, all Work Product shall be
delivered to the State by Grantee upon completion or 1ennina1ion hereof. The Sme's nonexclusive rights in such
Work Product shall mclud:, but not be limited to, the right to copy, publish, display, transfer, and prepare
derivative works.
18. G0\1:RNMEKTAL IMMJ.r.\ln1
Notwithstanding any other pro\'lsion to the contrary, nothing herein shall consttlute a waiver, exprcued or
implied, of 3ny of the mununitios, rights, benefits, prntcc11on, or other provisions of the Colorado Governmental
Immunity Ac t, CRS §24-10-1 0!, ct seq., as amended Lrnbilny for claims for injuries to person, or propeny
arising from the negligence of the State of Color:do, its dcpan:ncnts, msututions, agencies, boards. ofti cials,
and employees is control!cc and limited by the provmons of the Govemmental lmmunit} Act and the ns~
rmnagemcm Sl3rJICS, CRS §24-30 -1 SOI, Cl seq., a53mcnd:d
19. STATEWIDE CRA:'\'T illA."(ACEME!'iT SYSTEM
If the mmmum amount payable to Grantee under this Grant 1s SI00,000 or greater. either on the Effcc11vc Date
or at anytime 1hcrcaf1cr, this §19 npp !ies.
Grantee agn:es to he governed, and to abide, by the provisions of CRS §24-102 -20~. §14-102-2(16, p4 I 03-601,
§24-103.S-101 and §24-105-102 concerning the mon:tormg of vendor perfonnante on state Granrs anJ 1nclus1on
of Grant pcrfonn.1nce mfo::n:mon in a s1atcwide Gr.mt !,,Cana~ment System
Grantee's perfonmance sha!: be <uhJeCt to Evaluation an<l Review in accordnnce wnh the terms and conditions of
this Grant, State law, including CRS §24-103.5-10!, and State Fiscal Rules, Policies and Gu1dnnce . Evalunuon
and Review of Grantee's perfom1nncc shall be pan of the nonnal Grant adnunimauon process nnd Grnntee's
perfonnancc will be S)'Stcmaticnlly recorded in the stntewide Gront Manngemenl System. Areas of Evulunti on
and Re vie" shnll include. but shall not be limited t~ quohty, cos1 and timeliness. Collect ion of infonnation
relevant 10 th• pcrforrr.ance of Grantee's obligations under tnis Grant shall be de1rnniocd by the spcctfic
requirement• of such obliga1:,ns and ;hall include factors tailored to m•!ch the requirements of Grantee's
obligauons Sucl: pcrformante informat10n shall be entered ,n10 the statewide C.ram Management System at
intcr\'als established herein and a lin•l Evaluat;on, Review and Ratmg shall be rendered w11hin 30 days of the
end of the Grant tenn. Grantee shall be: >tified following each perfonmancc Evaluation and Review, nnd shall
address or correct any iden:1fied problem in a timel)' manner and maintain work progress.
Should the final perfom1an:e E,nh1at:on nnd Rev ie" dctcnnine that Grantee demonstrated a grO'Ss failure to
meet th• p~formancc mcas~re, e>tabhshed hereander. the faccutl\'C Director of the Colo:-ado Depanment of
P:--~.-n~:· .'.!f~ :..d:nm,,::Jtl~ r, ,[. ,: .. .:t • ..-: D.:.:ctc: .i; r ~:-.l:t• .. \ ·h~ f ••;1 :e '. Er1.1n~ :r, __ CJc\:10;,rnent ;:ir.i! ln:--:t:J' .:ir.~. 7nj:, .sr.d 5h,,•,1.·m: c•f g,)Cd CJ.'J.\t, m.1~ Ce'i, ~ Crmf''!:'!! .J.n~~ p~ h1\:t:: C,r.i.nr;:t rr lm h1ddm; t•r. it:tu:-: Cir~n,s l.1riln1et may c,,ntesi the r: .Ji C,·J!uauut1, Rev:~,,., :tnd Ra!:ng by r .a } fllini! rebuttal !'i:J t:.:mcm~. wh1.:h ma·. reiuh ,r. :ilher remova ! or cJrrect10n oi thec\'alu,:ion 1Cl{S 0'·10'.102161), or (h) under CRS CJ.]0:-10i, 6), cxcrc:sing the debar:ncnt protest ar.d ippca! :,;:.u pro,1ded m ('p, H~~-1 ()0.1(1(,, 10-. 201 "' W~, "h1th <r.a) result in 1he rc,-ersal of the deba,mcnt an<! r01r-<ta1emsn1 of Gra~tee, b:· the F.xecuuve D,re-i,,;, u;x:r. showing oi good cause 20. GENE RAL PRO\'ISIO'.\'S A. Assignment G:antcc's nghts and obliE>l1on~ hcrcandc1 are personal and may n<>I be trnr.sfencd, a,s,gncd or ,ui>-gran1cd without lhe pnor, wnuen cor.sen1 ofth: Staie Ar.y anempt at assignment, or to transfer or sub-
grant wi1hou1 such consent shall be void. All assignments, Sub-granu, or Sub-grantees approved by
G:antce or lhc Staie •re subject to all or 1he provisions hmof. Grantee shall be solely responsible for all
aspects or sub-gran1mg arnngernents and perfo:mance
8 . Binding f J rt
Except as otherwise provided in §20(A), all provisions herein contained, inclu ding the benefits and
burdens, shall extend to and be binding upon the Parues' respect ive heirs, legal representatives,
~ucccssors, and assigns.
C. Captions
The captions and headings in this Agreement are for convenience or reference ly. and shall nol be used
to interpret, define, or hmil its provisions.
D. Count erparts
This Agreement ma~ be executed in muluple 1cen1ical original countC/l>oru. all ofwbkb shall consutute
one agreement
E. Entire Understanding
This Agreement represents the complete integ,ation or all understnndmgs between the Parties and all prior
representations 1.nd understandings, oral or wnncn, arc merged herein Prior or contemporaneous
add1uon, delcuon. or oth::r n.mend:n:nl herck si:all uot have ani· force or affcc1 "ha'.s~ver, unless
embodied herem.
F. l ndcmnlOcntlon
Grantee shall indemnify. save, and hold hnnnless the S1a1e, its employees and agents, against any nnd tll
claims, damnges, habiht} and cour. awards inc!ud,ng cost,, expenses, and attorney fees and related costs,
1nc1L'l'td as• re· ,It or an} ac1 or omission by Cr.an1cc, or llS employct>, agents, Sub-i;nmtc:"..s, or
assignees pursuant 10 the 1cnns or this Gram, however, th< prov1ons hcrcor shall no1 be construed or
in1crprc1ed as a waiver, express or implied, of any or the 1mmuni1ies, rights, benefits, pro1ee1ion, or other
provision~. or the Colorado Governmental Immunity i\c1, CRS §24-10-101 ct seq, t>r the Fcdcrnl Ton
Claims Act, 28 U.S.C. 2671 ct seq., as applicable, as"°" or hcreaficr amended
C. Jurisdiction and Ven ue
All sui1s, act ions, or proceedings related to tlus Gr.ml shall be held m 1hc State or Colorado and exclusive
venue shall be m the Ctty nnd County or Den"er
II. Modtnca tlon
i. By th e Parties
Except ns spcc,ficnlly provided in this Grant, mod1ftcations or this Gran! shall no1 be effective unless
agreed lo m writing ~y both panics in an amendrncni 10 1l11s Gra nt, properly executed and approvod in
accordance with app:icable Colorado S1a1e law, State Fiscal Rules, and omce of the State Controller
Pohc1cs, mcludms. but not hmned to, the policy enutlcd MODmCATIONS OF GRANTS· TOOLS
ANDFOR.\1S
Ii. By Opcrntion of Lnw
This Grnnl is subject to such mod1fi~ntions as may be required by changes in Fcderui or Colorado
Suue law, or their 11nplemcnting regulauoc.s. Any such required rnod,tication automal!cally shall be
Page 11 ,,r I I
m:o:;,or.ucd :nt, anc oe p•r: o: lh:< Gr.in· on th e e:icctl\·e date of sach c~~n~c. as 1:· :u:ly se1 1ar.r, herein I. Order of Precedence The prol'l!ions ofthu Agreement shall govern the relauonship oi the State and Grantee In the even! of conf11c1s or mcons1s1cnc1cs between th!S Agreement and m cx.hi~ns and attachments, such conflicts or mconsistcntics shall be resohcd i:y reference to the documents ,n the following orocr of priomy· i. Colo<ado Special Prov1S1ons II. Th,s Agreement iii. Ex hibit A J. S,veroblllty Provided this Grant can be executed and performance of the obhgauons of the Parties accomplished
within its intent, 1he provisions hcncof arc severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affcc1 the validity of any other provision hereof.
K. Survival of Certa in Agreement Terms
Notwithstind,ng any1luns hencin to the contrary, proV1sions of this Agreement requinng continued
performance, compu11Jce, or effect after 1crm1nauon hereof, sball survive such termination and shall be
enforceable by the State 1f Grantee fails 10 perform or comply as required.
LTa:xe.,
Toe State 1s exempt from all federal excise taxes under !RC Chapter 32 (No 84,730123K) and from all
State and local government sales and use taxes under CRS §§39·26-I 01 and 201 et seq. Such exemptions
apply when materials nre purchased or services rendered for the benefit of the State; prov ided however,
that ccna in political subdivisions (e.g., City of Denver) may require payment of sales or use ),xes even
though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes
as the State is prohibncd from paying for or reimbursmg Grantee for them
M. Third Party Benefidarits
Enforcement of this Agreement and all nghts and obltga11ons hereunder anc resc:ved solely to the Panies, •
and not to any third party. Any s~1ccs or benefit.I which third panies rece:ve as a ncsul1 of this •
Agrcemcn: nre incidental to t~ Agreement. and do not create any righ~ for such thtrd parties.
N. Waiver
Waiver of any breach of a term, provision, or requirement of this Agreement, or any nght or remedy
hereunder, whether e~plic1tly or by lack of enforcement, shall not be consuued or deemed as a waiver of
any subsequent breach of such tenn, provision or requirement, or of any other term. provision, or
requincmcnt.
TH E REST OF THIS PACE l!'iTEJ\TIOi'iALL Y LEFT BLANK
Pa~cll or IS
21. COLORADO . PECI AI l'RO\'I 10 :-.· The S?tcrnl Pio, :s1on~ apf~ tei .'.!:1 G:t1nts ex ept where nflH:cl 1r na 11c~ A. I. CO ST R L ER'S APPR O\'AL. R. §2 4-30 -202 (I), -his Grant shal'. not oe deemed valtc unu ! It ha; been approved by the Colorado State Controller or designee . B. 2. Flii\l) AVA I LA III LIT\'. CRS §2 4-30 -2 02 (5.5). Fmantia! obhgauons of the Sme payable after the current fiscal year arc conungcnt upon funds for that purpose bemg appropriated, budgeted , and otherw:se made available C. 3. COVER.'IM ENTA I, !MM N !TY. >lo term or condition ofih1s Grant shall be construed or interpreted as a wa1Yer, express or implied, of any
of the immunities, nghts, benefits , protections, or other provisions, of the Colorado Governmental
Immunity Act, CRS §24 -1 0-10 1 cl seq., orihe Federal Tort Claims Act, 28 U.S.C §§ I 346(b) and 2671 ct
seq., es applicable now or hereafter amended.
D. 4. lND EPF:N DENT GRANTEE .
Gran tee shall perform itS duties hereunder as an indcpeodent contractor and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agen t or emp loyee of the Slate.
Gran tee and itS employ ees and agentS are not en tit led to unemployment insurance or workers
compe nsa tio n ben efits through the State and the State shall 001 pay for or otherwise provide such
coverage for Gran tee or any of itS agentS or employees. Unemployment insurance benefitS sha ll be
ava ilable to Grantee ond itS employe es and agents only if suc h co verage is made a,•ailable by Gra ntee or a
third party. Gran tee sh.all pay when due all appl icab le emp loyment taxes and income taices an d local head
tax es incurred pursuan t to this Grant. Gran tee shall not have au thorizatio n, express or im plied, to bind the
State to any Agreement, liability or undema nd ing, excep t as expressly set fo n h herein. Grantee shall (a)
provide and keep in force workers' compensation and unemployment compensation insurance in th e
amounts required by law, (b) provi de proof thereof when requested by the State, and (e) be solely
responsible for its acts aod those of Its emp loyees and agents.
E. 5. COMPLIAN CI!: WITH LAW .
Grantee shall strict Ii comply w1ih all applicable federal and State laws, rules, and regulations i11 effect or
hereafter established, including, without limitation, laws erplicable 10 discrimina,ior, and unfair
employment practices .
F. 6. CHOI CE OF LAW .
Co lorado law, and rules and regulations issued pursuant thereto, shall he applied in the mtcrprctation,
execution, and enforcement of this Grunt . Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regula tions shall be null and void. Ar.y provision incorporated
herei n by reference which pu rports to negate this or any other Special Provision in whole or in part shalt
not be valid or enforceable o~ availab le in any ac tion al law, whether by way of complaint, defe nse, or
otherwise. An>· pro1·is ion rendered null and voi d by the operation of this provision sha ll not invalidate the
remai nder of this Gran t, to the extent capable of execution.
C. 7. BINDI NG ARBITRATION PROHIB ITED .
The State of Colorado does not agree to binding arbi tra tion by any extra-judicial body or perso n Any
provision to the contrary in this Agreement or incorporated herein by reference shall be null and void
H. 8. SOFTWARE PIRA CY l'ROHlBITIO N. Govern or's Executiv e Ord er D 002 00 .
State or other public funds payable under this Cirant shall not be used for the acquisition, operation, or
mainte nance of compu ter software in violation of federal copyright laws or applicable licensing
restrictions . Gran tee hereby cert ifies and warran ts that, during the term of this Grnnt and any ex tensions.
Grantee has and shall ma inta in in place appropriate sys tems and con trols to prev ent such improper use of
pub lic funds. If the State determines tha t Grante e is in violation of this provision, the Sta te may exe rcise
any remedy a\'ailablc al law or in equi ty or under this Grant, including, wi1hout limitation, immediate
termi nation of this Grant and any remedy cons istent with federal copyright laws or applicable licensing
rcstr1c tior.s .
I. 9. E IPL OYEE F!.'IANC !AL INTE R£ -r . CR §§~4-18-2 01 and 24 -50-507.
rag, ll or 15
7:-.:.-s1f;,a10:.;:~ :i· t:: t:".J: h. :hc1:· r:r.ov. l:!dg~. rw :m?;, :• ze o:·th~ St:ue ha~ .any p~tson:.· or bt:n!::· .. 1:i : Ir.·~!'e.;• wh ~::-Ot'\ .::-Ir. :he ~e:-,.•,c~ o: p~,per.·y dc~:rib!!d in th:~ G:an~ Grante~ ha s no ir.ti:re~t 1m..: ;l.al! mi: a:'\ui::! 1ny :otcre,;t 1 d::-~ct N md:rcc:, that wouicl c:or::':1cl 1r. any manner or degree with th~ pcrf.::,:m:m cc o:Gractce', cr\':ce s and G:antec sha:: not e:n?loy any pcrs or. t:avmg suer. known ii.terem .I. 10. \'[:'\DOR OFFSET. R §§24-30-202 (1) ond 24-3 0-202.4. [Sor App li cnb lc rn i111crgm-crn111c 111a / agrcc menrsl Subject to CRS §24-30-20~.4 (35 ), the State Caatroller mJy wtthh ol d paymeat under the State's vendor offset inrercept sys tem for debt s owec to State agencies for (a) unpaid child suppo n debts or child SU?pon arrearages; (b) unpaid balances of tax , accrued inte:est, or other charge s specified m CRS §39-21 -101, el seq ; (c) unpaid loans due to the S:udcnt Loan Di\'ision of the Depanment of Higher Education; (d) amounts required to be pard to the line mp ioymc nt Compensation Fund, and (e) other unpaid debts owing to the State as a result of final
agency determrnat io n or judicial action .
K. 11. PUBLIC CONTRACTS FOR SERV ICE . CRS §8-l i.S-101.
!Sor Applicabl, to Agreemen1s relating to th e offer, iss 11a11u, or snle ofsec11rities, in vestme nt adviso ,J>
services or fimd ma11agcm e11t scrv,.-:cs, spon.rnre d projtcts, intergovernmental Agreements, or
information rec h11ology services or produces nnd services) Grantee certifi~s, warrants, and agrees that it
does not knowing ly employ or contract with an illeg al alien who shall perform work under this Grant and
sha ll C<Jn fi rm the employment ehgibiliry of all employees who are newly hired fo r employment in the
l:nited Sta tes to perform work under this Grant , through panicipa tioo in the E-Verify Program or the
State program established pursuant to CRS §8-17.5-102(5)(c), Grantee sha ll not knowingly employ or
con tract with an illegal alien to perform work under th is Grant or enter into a contract with a Sub-grantee
that fai ls to certify 10 Grantee that the Sub -gra ntee shall not knowingly employ or contract with an illegal
alien 10 perform work under th is Grant Gra ntee (a) shall not use E-Ve rify Program or State program
procedu res 10 undertake pre -employment screening of job applicants while thi s Grant is being performed ,
(b ) shall no tify the Sub-grantee and the contracting State agcocy within three days if Grantee has actual
bowledge t.iat a Sub-grantee is employing or contracting wi th an illegal alien for work under thi s Grant,
(cl shall tc nninate the Sub-grant ifa Sub -g:antee does not stop employi ng or ontracting with the illegal
alien within three days of receiving the notice, and (d) shall comply with reaso11able requests made in the
cours~ of an investigation, undertaken pursuant 10 CRS §8-17.5-102(5), by the Colorad o Dcpanmen1 of
Labor and Smployment. If Grantee panici,ates in the State program, Grantee shall deliver to the
contracting tatc agency , l ns111u11on o: Highe r Education o: pohtical subdivision, a written, notarized
a:Ttnnation. affirming that Grantee has examined the legal work status of such employee, and sha ll
comp ly with all of the other requirements of the State progr~m. if Grantee fails to comply with any
requirement of this provision or CRS §8-1 .5-101 ct seq ., the contracting State agency, institution of
hig he: education or polit ical subdivision may terminate this Grant for breach a·nd, if so te rm inated,
Grantee shall be liable for damages .
L. 12 . l'UllLIC CONTRACTS WITH NA TURAL PER O:'l'S . CRS §24 -7 6.5 -101.
Grantee, if a natural person eighteen (18) years of age or older, hereby swears .and affirms unde r penalty
of pc rJury that hc or she (n) is a citizen or otherwise la wfully present in the United States pursuant to
federal law, (h) sha ll comply with the provisions ofCRS §14-i6.5-101 ct seq., and (c) has produced one
fo rm of identification requi1ed b) CRS §24-76 .5-10, prior 10 the efTectivc dale of this Grant .
SPs EffectiY< l/l/u9
T11E RE TOFTHI. l'AGE L\1'E 'TIONALLY LEFTBLA K
i'Jgc 14o:15
.22. SIG\ATt:RE PACE Gr-a.,: R.o\ot:r.; '-..:cbc:r OM!9 T HE PARTIES HERETO HA \'E EXECUTED T HIS GRA]'(T • Ptnon, 1tpins: for Granite hC"rtby swear and arnrm that dicy 1n Julhorlzt.d 10 act on Crauu's behtlr and acl.nowkd;c-1h11 I 1bt S1.11e h rtl)'lns: oa 1b~ir rcprtHnutJan, t• lhat ,rre.u. GRANTEE STATE OF COLORADO Cny or Englewood Bill Ritter, J r. GOVERNOR Community Developm,nl
By: James K. Wood,.ard Colon~• Office of!:<ooomic Development and !ntcmaUonal
T,~e Mayor Trade
Dou Elliman, Director
-
•Signature By: Alice Kotrlik. Deputy D~ctor
Signatory aven 10 lhe Stale Contr0ller or delegate lhat o,.,., Grantee 1w DOI belWI perfomw,ce or lhal a Statutory
Violation waiver hu beeo requested under rJScal Rule,
I
Date:
LEGAL REVIEW
John W. Suthers. Anomey General
By:
S1gn11ure • Assistant Attorney General
Otte
--·-
ALL GRANTS REQUIRk AP PROVAi, BY THE STATE CONTROLLER
CRS flA-30.102 requlm lht S1111, Coatraller to appr••• all SUie CnnlS. This Gnni b not valid uatil •l&ntd and d>ttd bdaw I
by lht Slatr Controller or dt1tgatt. Grtntet is nol aulhari1td to bciln performaa u untD ,uca. time. Ir Crultte begins
ptrfonnlnQ prior thnelo, the State of Colorado b not obllc;ated to puy Gra ntee for 11.1rh perform 1nce or for 1ny &oods and/or
1e.rvh::es provldt.d hereunder.
STAT E C ONT RO LLER
Duld J . MtD<rmoll, CPA
Br,
by John W. Rubano
Dale:
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Page 15 or 15
lJ. EXHIBIT A -ST<\ TE;\IC:-.T OF WORK STA TE f1F COLORADO Ago,) EDA f,w :.•t • 000?• F;nd I lo Appmp 90) Org QO?O E.ncumt-en.i.· • [9[0C'"-9 OFFICE Of £CON0:1-11C DEVELOPi\U:NT k'"'D l:'\'TERNA TlO:'iAL TRAJ>E Enterprlsc Zon• Marketing Grant Agroemen1 wilh the City or Englewood
I. GENERAL DESCRIPTION
The purpose of this Gran1 is 10 provide the Grantee with matching funds for the promotion of the
Ent.c:prise Zone and economic development m the Arapahoe Coun1y Enterprise Zone area.
2. DEFINITIONS
2.1. Enterprise Zone shall hercuiafler be referred to as "EZ".
3. GRANTEE'S OBLIGATIONS
Work activities include:
3.1. Promotion of the following economic development activities: Marketing the advaniages of
locating a business in the Grantee's Enterprise Zone area, crca1ing a positive identity for the
Enterprise Zone nrea, promoting business aruaction 10 the En1erp:isc Zone, encouraging
business rcu:ction and expansion of existing En1erprise Zone businesses, promo1ing
redevelopment of the Enterprise Zone area, expanding 1be region's tourism industry in the
En10rprise Zone area, 11nd ienerilly enhancing the economic grov,'\h of the tnlcrprise Zone
area.
3.2. Promo1ioaal mat.crial 1-liall mclude the words "Crca1ed with (01 Suppo"ed by) funds from the
Colorado En1erprise Zone Marke,iag Grant",
3.3. The con1ribu1ion from the CEDF under ibis Gran! shall not exceed the amount of local matchms
fu.~ds expended on this ProJcc~ or !11..W, whichever is less. Gr:in1ec may al!oca1e funds 10
one or more Sub-grantees involved in prom01ion and economic dcv•clopmenl activ,ties in the
EZ. All ProJec1 com m excess of this grant amount shall be the responsibility of the Grantee.
4. PERSO!'\XEL
4.1. Ruponslblt Adminlstrator
Gnuuee's performance hereunder shall be under the direct supcr\ision of Nancy Fenlon, an
employee or agent of Grantee, who is hereby designated as the responsible administrator of the
Work.
4.2. Replacement
Grnntee shall immedia1ely notify OEDIT if the Responsible Administrator ceases to serve.
Provided there is a good-faith reason for the change, ifGmntee wishes to replace the
Responsible Adminiwator, II shall notify OEDIT and seek its approval. Such approval is nt
OED11's sole discretion, as OEDlT issued this Grant Agrecmcol m part ttliancc on Grantee's
representations rcgardmg the Responsible Administrator. Such ~oticc shall specify why the
change is necessary, who the proposed rcplacemen1 is, wha1 their qualifica1ions arc, and when
the change would take effect. Anytime ~ey personnel cease to serve, OEDIT, in Its sole
d1scrc1ion, may dirctl Grantee 10 suspend the Work until such time ns their ttplaeemeots arc
approved. All notices sent under this subsection shall be sent in accordance with the Notices and
Representatives provisions of this Grant Agreement.
S. ACCEPTANCE CRITERIA
5.1. Report(s)
Page I orl
Gr.imec s!:all be mpon1ibie for comp1c11ng the actl\'111 <> 01 ti,, ~ork, and sh•II pro\'tdc 10 OEDIT dowmcn1J11on as :equ1red unJc: th,, Agreement 5.1.1. The Gran1cc sh1I'. submn a fical financial and namuve repon ducumcnung the expenditure of all CEDC funds and matching funds for which payment :s requested , 10 arcordancc with §6 or this Exhibit A. Th,s final «pon shall include 5.1.1.1 , z s111emen1 of 1he remaining dollar amounl requested, 5.1.1.l. ~ statement or how all funds for 1hc year. ,ndudmg .he maaal payment rcques1, were spent. 5. 1.l .3. a signature on the teller by lhc Responsible Administrator as defined in §4. l of 1b1s Exhihll A, cen,fying that rcccipu and documen,11100 have been checked, arc on file wnh the Gnan1ee, and ,hall be submmed 10 the Stale upon request,
5.1.2, Copies of promouooal material, advertisemenu, and other lll3fketing colJatcnal created
wnh funds from lhe Gnan1 may be ~ucsted by lbc Siatc.
6. PAYMENT
6.1. Payment
Payments shall be made in accordance wilb the provisions set forth in this Agreement and
Exhibit A. OED!T may tranSfcr Grant Funds in advance of performance only if a f1stal Rule
waiver has been gran1cd by lhc State Controller for 11115 Agrtemcnt. Grantee may request an
initial payment of an amount 001 10 exceed SS,000. Rcqucsu from Grantee tha1 exceed S5,000
shall requin: funds 10 have been spent, and Grantee shall ~ucst rci10bursemcn1 in accordance
with the provisions or §5.1.1 and §6.3 of Ibis Exhibit A.
6.2. Schedule
RequcslS for payment shall be initiated by the Grantee in accordance ""th the provisions of §6.3
of Ibis Exhibit A and shall follo w thi s schedule·
Schedule
SS,000 (Optional) loi11al payment shall be poid upon reques1 by the Grantee
following the exccu1ion or this Agreement and in accordance wnh §6.1
herein Request shall be in 1be form of a signed loner slating huw 11,e
SS 000 shall be soent.
S6.500 lntc.-im paymenu to be paid upoo Request for Payment 10 accordance
with 66.3 herein.
Sl,000 Final paymem 10 be made upon satisfactory completion of the Project
The Grant~ shall submit a final financial and narrauve rcpon
documcn1ing the expenditure of all CEDC funds an d matching fund. for
which payment has been requested and Olher rcqwremcnu as noted in §5
herein.
$12 500 TOTAL
6.3. Request for Payment
Grantee shall submi1 a signed lcncr for each pay ment reimbursement request. This leuer shall
include :
6.3. t . a sMcmem of the dollar amount requested;
6.J,2, s1atemen1 of how the funds shall be, or already have been spent;
6.3.3. a sagnarurc on the lener by the Rc.,x,nsible Admin,str:uor as defined ,n f,4,1 of 11,e
Exhibit A, cenifying 1ha1 receipts and documcn1a1ion have been checked, are on file
with lhc Granlce. and shall be submi11cd to the Stale upon request:
7. ADMl NISTRA Tl VE REQUIREMENT~
7.t. Acco unti ng
7.1.1 . A1 all ttmes from the Effecuvc Date of this Agretment until complc11on of1hc Work,
the Gran1ce shall maintai n properly se gregated books ofS1a1c Grnnt funds, matching
funds, and other funds a.ssoc1a1ed w ·1 the Wo~,
i.1.2. Ai: rc ce,?tS and cxpend:rures assoc:atcd with the \\'ork shali be documented ir. o dctJ ilec and specific manne:. nn c ,hall ac:ord wnh 1h t Work Budget se: fo:th herein 7.1. 1\lonitoring O!iDIT shall monil or !he Worl: on an ai-nerdcd basis. OEDIT may :hoosc 10 aud11 1he activiues performed under 1h1s Agreement . 3uch audit will be requested by OEDIT via electronic media , and all documentation shall be made available for aud11 by OEDIT with in 30 days of such request . Gran1ee shall maintain a complete file of all records, documents, communications , notes and olher wriuen materials or clec•ronic med ia, files or communications, which penain in an y maMer to this Agreement Su ch books nnd records shall contain documentation of the parti cipan t's pcnment ac tiv11y un der this Agrtemcnt in a form consistent with good acc ounting practice.
8. \YORK B DGET
8.1. Matching Funds
Grantee shall match EDC funjs used on this Projec t with at leas1 a dollar-for-dollar cash match
from local sources. Local match dollars shall not be used to meet other stale con1ractual
ma tch ing fund require ments . -.
8.2. Administrative Costs
Gran tee may use 25 percem of Grant to pay for Gra nt ee's Administrative Costs associat ed with
th e Enterprise Zone. Administrative Costs include : the sa lary oftbe zone adm in ist rator,
processing public records requ ests, faxing or mailing costs associ ated with EZ cenifications,
and other EZ re ,a ted Administrat ive Costs with prior approval.
8.2.1. Enterprise Zone Meeting
Gramce ma y use an additional $1,000 to pay for Administrat ive Costs ass oc ia1ed wi th
travel to attend two En terprise Z~ne Administra1ors meetin gs or $500 to attend one
Enterprise Zon e Adminis1rator meeti ng.
S.3. Eli gibl e Expenditures
Specific actil·itie s e;igiblc for rc·mburscm:nt from this grant include : the preparation,
produc 1ion, and /or distribution o, markrt research , marketing collat eral, di rec 1 mai l campaigns,
EZ info;ma1ional scminarslcvcn1s, online media advc nising , online informa tional serl':ce, .rade
show promollons , direct business prosp cc1 visi 1at ton, o(·thc promotion of events thal amact
tou rists or econom ic act ivity to lhc EZ area. Other clo sely EZ re la te d activities may be
acce pt ed with prior approval by the State .
8.4 . Enterprise Zone Marketin g r.runl Budg et
LINE IT EM
Local Maleh
Cnterprl e 7,on e Gran t
Optional : 25% of Gra nt fonds for Administrative Costs. Maximum $1,125
Option 111 : $1.000 to re imburse lrnvel to two E2 Meeting s Ma.imum : S 1,000
Remainder . Sh•II be spent on lhe itenis listed in§ and §3 herein . Al leasr S ,375
TOT AL GRA TEE EXPEND IT URl;S
THE RE T OF THI PAGE INTENTIO 'ALLY LEFT llLA K
Pag, J of3
AMffi1l:!I
$12 ,500
$12 ,500
S25,000
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COUNCI L COMMUNICATION Dale: Agenda llem: Subjecl: lune I 5. 2009 11 c I R~;olut1on for a Supplemeni,11 Appropriation to pay a portion of the outsta nding obliga tions of the Colorado Humane Society lniliat ed By.
Finance and Administrative Services Department I Slaff Source:
Fran~ Cryglrwlcz. Directo,
COUNCI L GOAl AND PREVIOUS COUNCIL ACTION
Council discussed this supplen,ental appropnallo~ and the issues surrounding it at the June 8, 2009
Study Session and determined Oty staff should tak~ the necessary actions required to pay the
outstanding obligations of rl1e Colorado Humane Society.
RECOMMENDED ACTION
Staff recommends Council approve the anached resolullon aulhorlzlng a supplemental
a, mopriation In !he amoun t of S 100,000 to help pay the outslanding obliga tions of the Colorado
lil' "lane Sociery.
BA~I.GROUND, ANALYS IS, AND ALTERNATIVES IDENTIFIED
In December of 2008, the Colorado Attorney General filed a motion with the Dis1rict Court to
install a custodian to manage the operations of the Colorado Humane Society (CHS), The motion
was granted .nd the Court appointed the Waverton Group as custodia n. Over the past five
mon ths, th e custodian has man.~ed the ope ra tions of the CHS with th e Intent or recruiting and
Installing a new board of directo,, able and willing to continue operating th e shelt er.
The custodla•1 received approval from th e Court to issue a request for proposal (RFP) (or permanent
managemen t or the CHS. One of the requirements of the RFP is satisfying outstanding obligations,
lnJuding the Waverton Group. The obligations toial approximately $200,000.
The RFP w~s tSsued May 29, 2009; a deadline for submissions is June 30, 2009 . The esumated date
operations w,11 be turned over to a new operato, is August I, 2009. The Court w,11 most likely not
allow any proposal to be accepted !hat d'leS not include payment of the outstanding obligations so
111s imperative the obligations be s.it,sfied so a new operator can take over rhe shelter. Discussions
have taken place between the Ciry of Englewood and the City of Littleton regarding sharing the
p.1yment of the outstanding obligations.
The Clry of Li ttleton has authorized funding of $100,000 to help offse t the outstanding obligations
of thP CHS. City or Englewood staff request the Ci ty Cou ncil auth orize funding$ I 00,000 ,is well.
SOU RCES AND USE S OF FUNDS: GENERAL FUND: • SOURCE OF FUNDS: Unreserved/Undes1gn,lled Fund Bal,1nce $100,000 USE OF FUNDS: Colorado Humane Soc,el) Cuar,,ntet.' Sl00,000
FINAN CIAL IMPA CT
The General Fund's Unreserved/Undesign,1ted lund balance will be reduced by S 100,000.
LI ST Of ATTACHMENTS
Proposed Resolulion
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• RESOLUTIONNO !!)-SERI OF 200Q A RE OLUT10}-: APPROVl'<G A SUPPLEM8''T AL Al'PROPRIATIO!I: TO llff W09 BUDGET TO PARTICIPATE I ruE CUSTODLA.N CERTIFICATE PROCESS FOR rue COLORADO II I ES ltTY (CHS)
\\1 IEREAS. 1hc C11y of Englel' ood I rcqmred b)• Ci1y Ch:incr 10 ensure !hat e.,po,d,turcs do
not exceed legally adopted appropnauons: and
Wlll:REAS . lhc 2009 Budget was submiucd and approved by the Englewood Ci ty Council on
Oc1obcr 24. 200 ; and
WH REAS. o Custodian has recei ved coun ,,pproval to issue a "Request for P1oposals" for n
pony 10 assume pcnnoncn1 mnnngcmcnt control of the CHS; and
W' 'ERC/ S, in c rder to os..irc inpu 1 into the se l'X tion of the managemcm for this vi 1nl service
inch1d1,• the opcro tion of the animal sheller. the cities of Englewood and Liuleton wish to
• apr r>ll blC SI 00,000,00 ~ch 10 he lp defra y the outs1anding obligations of the CHS; and
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\\'HERE, ~ • 11 :uvanlec would suppon the City's gran t of landin g m the process
'0\1 •• 1 tlEREFORE. BE IT RESOLVED BY THE CITY CO , 'CIL OF THE CITY OF
ENGLEWOOD. COLORADO. AS FO LLOWS ·
~-The Budge1 for the CU)' of Englewood. Colorado, 1s hereby runcnded for the year
2009. folio"'
2009 PPL EMF. AL PPROPRIATION
r.E'if.RAL F D
SOURCE OF Fl/N OS: Unrescr\'cd/Undc.igna1ed Fund Balance SI00.000 USE OF FUNDS: Colorado Humane Society Guarantee SI00.000 ~ The Ci1y Manager and 1hc Dircclor of Finance and AdmmlSlrall\ c Smiccs arc hereby authorized 10 make 1hc above changes 10 1hc 2009 Budget for lhc Ci1y of Englewood.
ADOPTED AND APPROVED t his 151h day of June. 2009.
ATTEST:
James K . Woodwanl. Mayor
Loucrishio A. Ellis, City Clerk
I, Loucrishia A. Ellis, Ci1y Clerk for the City of Englewood, Colorado, hereby cenify !he
lbove is a true copy of Resolution No. __ , Sc, irs of 2009.
Loucrish1a A, Ellis, Ci1y Clerk
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• COUNC IL CO MM UN ICATIOII. ----------,-------...,....------------------, 1 SuhjP<1: Date: Jllnl• I ;, ~(l\N lnitiat~d By: Agenda It em : 11 c II Resolu11on 1nr ,, Supplemcn ral AppropnMion IOI 1 the design 01 Bn>adwJy Medians Fi1ldnce and Adm ,nisrr,111ve Sel\ ,c~s Department l Staff Source: Frank Gryglewicz, Oirec10r
COUNCIL GOA L ANO PREVIOUS COUNCIL ACTION
Council discussed !his projecl at lhe June 8, 2009 Stud\ Se,s,on and dererm ined Ci ry statt should
tak e the necessary ac tions required to complete th is project.
RE<"OMMENDED ACTION
S!,1ft r~,on1mends Council approve the attached resolu11on aulhorizlng a supplemenral
appropnahon In the amount of SS0,000 to pay for design services.
I
• BACKGROUN D, ANALYSIS, ANO ALTERNATIVES ID ENTIFIED
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The Denver Regional Council of Governmen ts IDRCOC) Boa rd has d,rected th e,r sraff 10 assemble
a •backup list• of proiects eligible to receive unused or re--programmed American Recovery and
Retnvestment Act (ARRA) funds. Re-programming of rh e ARRA funds may be required ,f any of the
thirreen ( 13 ) previously selected projects are delayed or bids come ,n under estimates. DRCOG
requires that local funds be used to design backup projects and the design must be completed by
August 3, 2009.
Staff has contac ted Hedric k and Assodares for a desig11 pr opos,11. Hedrd perforr ,,ed des,gn anri
con,tru cuon Jdm,n,s trauon for the 2007-2008 8ro.1ch,,1y m..<lian project between Turls and
Bellevie\\ This consultant is familiar with all fede,al and COOT requiremen ts for the project a11<!
rhcy will be able 1c, subs1antlally comp le1e 1he design by our August 3 deadline. Hedrick provided ,,
compe1111ve prelimir,.· y cos t proposal and staff belle, es it Is In 1lw h("lt interes t of 1he City to
nr~ntia rr a professional services cnntrac r wl1h the m.
SOU RCES AN D USES OF FUNDS:
GENERAL FUND:
SOURCE O F FUNDS:
Unre,erved/Undesignated Fund Balana> sso.ooo
USE Of FUNDS:
Trans1e r lo Public lrnproH'nicnt Fund SII0.000
PUllllC IMPROVEMENT FUND: • SOURCE OF FUNDS: Trans,~, In From Gt>netal Fund $80.000 USE OF FUNDS: 8roadwa1 Ml'dtan nes,gn $80,000 FINANCIAL IMPACT
TI1e Geueral Fund's Unreserved/Undes1gna1ed fund balance wrll be reduced by $80,000.
LIST OF ATTA CHMENTS
Proposed Resolu1lon
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• RESOLITTION NO. SERTES or l()()q
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A RESOLUT ION APPROVING A SUPPL EMENT AL APPROPRIAT ION TO TIIF. 2009 BUDGET FOR THE DESIGN OF 13ROAD\\'AY MEDIANS. WHEREAS. the City of Englewood 1s r«juircd by C11y Chaner 10 ensure 1hai expc:nd i1urcs do no1 exceed legally adop1cd appropnauons: and
\\11EREAS. lhc 2009 Budget was submmcd and appro,cd b~ the rnwe"ood CII\ Coun.:11 on
Oc1ober 24. 2008: and
WHEREAS. lhc Dell\er Regional Cowu:11 or Governments (DR COG) Board directed their
staff 10 assemble a ··backup hst"" or projecu eligible 10 receive unused or re-progmmmed
American Rcco-,.e,y ~nd Rcin,es1mcn1 AC1 (ARRA) funds: and
WHEREAS. re-pr~gramming of ARRA funds ma y be required if any of 1he thineen (13)
prt"iously selec1e<i projec1s ore drlnl'rd or bids co me in under es1imn1es: and
WHi,REAS. DRCOG requires 1ha1 local funds be use<l 10 aesign bdck'llp prnJecl, and the
design must be completed by AUb'IISI 3, 2009: and
WHEREAS, this supplemen1al appropna uon to the 2009 Budge11s needed for a consuhnnt
10 design the Broad"ay McJ1ans pnor to ORCOO"s deadline or Au~'IISt 3. W09: and
WHEREAS. tlus cxpcnd11ure could n<M be foreseen and therefore v.as n<M included m the 2009
Oudgcl.
NOW , THEREFORE. BE rr RESOI VFO BY THE CITY COUNC IL OF TiiE cm· OF
F.NGLEWOOD. COLORADO, AS FOLLOWS:
~-The Budgc1 for 1he Cuy or Englewood, Colorado. is /· . .:reby nmcndcd for the year
2009, os follows:
2009 SUPPLEMENTAL APPR OPR IATI ON
C.F.NF.RAI. FUND
SOURCE OF Flll\'l>S:
Cnrcserved Undes1gn:11ed Fund fhlnnce
l'SE o r FUNDS:
Transfer to Public lmprovemem Fund
SS0,000
SS0,000
PlillLI C IMPRO\T.Mf.NT Fl'ND SOURC E OF FUNDS: Transfer In From General Fund SS0.000 USE OF' F'lINDS: !3rondwn)' Median Design SS0.000 W2lll. The CU)' MMagcr and the D,rccmr of Finance and Adnurus1rauvc Scn,ces arc herd>) authorized to make the above changes to the 2009 Budget for the City of Englewood
ADOPTED A.'ID APPROVED thi s ISlh day of June. 2009 .
ATTEST·
James K. Woodward. Mayor
Loucrishia A. Ellis. City Clerk
I. Loucrishia A. Elhs, Cuy Cieri< for lhe Cny of Englewood. Colonido, hereby ccttify the
above 1s a tIUe copy of Resoluuon N,. __ . Scncs of 2009.
Loucrishia A. Ellis, City Cieri:
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CO UN CIL COMMUNICATI ON Dale: Agenda Item: Sub jecl: lu·w I 1 !llO<l 11 C iii Mouon to award Pro1ess1onal SeMces Contract ,or design of Broadway Medians lnillaled 8): I Slaff Source: Publ1<. Work, O~par1ment Rick l>.ahm, Director
COUNCIL GOAL AN O PREVIOUS CO UNCIL ACTION
Staff discussed this project w,th Ci•, r 1n•il at the lune 8, 2009 Study Session.
RE COMM ENDED ACTION
Sta(/ reco mmends Co11 nci 1 .,pprove, by n•, ":>n, authoriza tion fo r the Director o f Pub lic Works to
execu te a ProfPsslonat Services ConlrK', .,•'1 Hednck & Associa tes for the design of "South
Broadwa) Me<:Jns-Qu1ncy to Tur~· •111• ~ amount of$71,857.80 .
BACKGROU Nt,, ANALYSIS, ANO ALTER l~ATIVl'S IDENTIFIED
,pril, 2009, the Denver Reg,un.•I Cou1,c 1I of Governments (DRCOG) issued a "Call Im Projects·
t:i 11~e fe de ral 1r,rnspo,1ation ~r•w,mic rc-cuvery f1mds available th rough th e Am erica n Recovery
anti Reinvestment Act (ARRA). Engl.,wood ,ubmined apphca t1ons for six projects. None of our
P' ·c-lS we<e ,elected for funding; however, DRCOG determined that three of ~r projects are
el ., Ir for a "backup list.• Backup rrojects will onl1 be f.nded ,f pre--1ously selected prnjects are
delayed or bid s come in under estimates.
St,1ff discuswd the 1,ros and cons of pursuing our three backup pro1ecis at the lune s• Study
Session . lhe "Broadway Medians -Quincy to Tufts" project 1s our best candida te to aonomicall y
11tillze ARRA funding under the current Dl<COG policy require men ts fo r backup p rojctts. TI ,e
policy requires we use local funds for the project design. Design must be complete by August 3.
100'l ,ind must follo-. all fE'deral and state design cnteria.
Staff has recei1 rd a des ign p roposa l from Hed rick & Associates. Hed rick Is well qualified for this
pro1•"t ,,n d reJcly to begin work immediately Staff fmds their cost proposal very con1pc11tive and
below our 1mt1al t-.t,mate. Hednck su~tessfully completed the design and construction
adm1nrstr,1tion for the Broadway median project between Tufts and Belleview Mos t of the design
te mpla tes from !he previo us 111eclra11 project will be use d, allowing Hedrick to p,1ss a lo11g savings
associa ted with the development and reviC" of these desrgn templa tes.
The cost for this design is es timated at ~71,858. Should the pro1ect be selected for ARRA fu nding.
our staff and wns,1lta nl will need to pres~nt th e project to COOT for review an d approv,,I.
Add111onal consult.mt coslS for meetings ,1nd pl,1n re, 1sions would be required at that tmw A
conungenq tund 1n the amount ot S8,l41.W ,s J1,11l,1hle in tlw pr01ec1 burt~el
FINANCIAL IMPACT h C'ound ,1pproH•s th11 supplM1P111al ,1ppropnat1on tAgenda Item I t c 11). sutt,oent tund, tor th" p<Ofecl "ill be a1wl~hlt> In the Public lmp,01 ement Fund LIST OF ATTACHMENTS Prmessmnal SenK.t'> Contract •
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PROFESSIONAL SERVICES AG REEMENT Thi s P110fessional Services Agreement (the "Agreement") Is made as or this 15th day or June, 2009, by and belwe«I Hod rick & Ass ociat es, LLC. whose address 1s 2455 West Ma!Q StreeL Littleton Colorado BO 120· 1910, ("Consultant"), and The Ci ty o f Englewood, Co l ora do , a municipal corporabon organized unoer the lawS ol lhe state or Colorado ('City") City desires that Contractor prov,de engIneenng consulting services, for the project Broadway Medians: Quincy to Tufts , as described in Schedule A and Contractor •Jesires to perform such
selVices on behafl of City on the terms and conditions set forth herein, the to,al estimated cost thereof
being Seve nty-One Thousand Ei ght Hun d rtd Fifty Eig ht dollars and no ,;e1,ts (S71,ese.001 .
In consideration ol the foregoing and the terms hereinafter set forth and other good and valuable
conStderabon, the receipt and suff1C1ency of which are h ereby acknowledged, the parties hereto,
Intending to be legally bound, agree as follows:
1 . Definitions. The terms set forth below
shaft be defill'Jd as follows:
(a) "lntenectual Property Rights·
shall mean any and all (by whatever name or
term known or designated) tang ible and
,tangible and naw known or hereaftet existing
(1) rights ass ociate with wo rks of authorship
throughout the universe, including but not
fimited to cop yrights. moral rights. and mask-
works , (2 ) trademark and trade name rights
and similar rights, (3) trade secret rights, (4)
patents, designs, algori1hms and othel
Industrial property rights, (S) all other
11tellectual and llldustriat property rights (of
every kind and nature throughout the L.rtlverse
and however designated) (including logos,
"rental" rights and rights to remuneration),
whether ansing by operation of law, contract,
license, or olheiwlse. and (6) au regislratio'ls,
Initial appltcations, renewals. extensions.
continuabons, divisions or reissues hereof now
or hereafter in force (including any rights in any
of the foregoing).
(b) 'Work Product' shal mean al
patents, patent ,ipplicallons, Inventions.
designs, mask works. pro,;esses,
methodologies, copyrights and copyrightable
wortui , trade seaets i!lcludir1g confldenttal
lnrormation. d ata, designs, m.inuals, training
materials and documentabon, formulas,
knowledge of manufacturing processes,
methods, prices financial and a ccounting data,
products and r roduct specifteations and all
other Intellectual Property Rights creat ed,
developed or prepared, documented and/or
delivered by Consultant, pursuant lo the
provision of lhe Services.
2. Statements of Work. Durfng the term
hereof and subject 10 the terms and conditions
contained herein, Consult"ffll agrees to
provide, on an as requested basis. the
consulting services, systems integration
services, d ata conversion se~<llces , training
services, and related servlc:is (the ·services')
as further described 111 Schedule A (the
"Statement of Work") for City, and in such
additional Statements of Work as may be
executed by each or the parties hereto from
time to time pursuant to this A3reen,ent. Each
Statement of Work shaU specify ths scope of
work, specifications, basis of compensation
and payment schedule, estimated length of
time required to complete each Statement or
'Vork. incluchng lhe estimated start/finish
dates, and other relevant lnformat1011 and shaft
incorporate all terms and conditions contained
in this Agreement
3. Performance of Services.
(a ) Pe:'formance. Consuttant shall
perform the Services necessary to complete all
projects outlined in a Statement of Work In a
tlmely and professt011af manner consistent with
the speciftcations, i f any, set forth In the
Statement or Work, and In accordance wrth
industry standards. Consultant agrees to
exercise the highest degree of profess,onahsm, and to utilize its expertise and creative talents In completing the proJects outhned ,n a Statement of Work. (bl Delays. Consultant agrees to notify City promptly of aroy factor, occurrence, or event comi ng to its attention that may affect Contultanl's ability to meet the requirements of the Agreement, or that Is likely to occasion any material delay in completion of the projects
contemplated by this Agreement or aroy
Statement of Work. Such notice shall be given
In the event of any loss or reassignment or key
employees, threat of strike, or major equipment
failure. lime is e xpressly made of the essence
with respect to each and every term and
• ·,vision of this Agreement.
(c) Discrepa ncies. If anything
necessary for tile clear understanding of the
Services has been omitted from the Agreement
specifications or it appears that various
Instructions ar& In conflict. Vendor shbll secure
written Instructions from City's project director
before proceeding wilt. the performance of the
Services affected by such omissions or
discrepancies.
4. Invoices and Payment. Unless
otherwise provided in a Statement or Work,
City shall pay the amounts agreed to In a
Statement of Work within thirty (30) days
following the acceptance by City or the work
called for In a Statement of Work by City.
Acceptance procedures shall be outlined In the
Statement of Work. If City dl~putes all or eny
portion of an Invoice for charg"~. then City
shall pay the undisputed portion 01 the Invoice
by the due date and shall provide the following
notification with respect to the disputed portion
of the Invoice. City shall notify Consultant as
soon as possible or the specific amount
disputed and shall provide reasonable detail as
to the basis for the dispute. The parties shall
t~en attempt to resolve the disputed portion of
such Invoice as soon 1s possible. Upon
resolution of the disputed portion, C!ty shall
pay to Consultant the resolved amount.
5. TaxeR, City Is not subject to
taxation. No federal or other taxes (excise,
lu xury , transportation, sales , etc) shall be
included on quoted pnces. Coty shaU not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services wh ich are Im posed on or measured by nel or gross Income, capilal, net worth. franchise, privilege, any other ta~es, or assessments, nor any or the foregoing imposed on or payable by Consultant. Upon written notificallon by City and subsequent verification by Consultant, Consultant shall reimburse or credit, as applicable, City in a
timely manner, for any and all taxes
erroneously paid by City. City shall provide
Consultant with, and Consultant shall accept in
good faith, resale, direct pay, or other
exemption certificates, as applicable.
6. Out of Pocket Expenses. Consultant
shall be reimbursed only for expenses which
a re expressly provided for In a Statement of
Work or which have been approved in advance
in writing by City, provided Consultant has
furnished such documentalion for authorized
expenses as City may reasonably requesl
7. Audits. Consultant shall provide such
employees and Independent auditors and
Inspectors as City may designate with
reasonable access to an sites from which
Services are perfonmed for the pu!J)Oses or
perfonming audits or Inspections of
Consultant's operations and compliance with
this Agreement. Consultant shall provide such
auditors and Inspectors any reasonable
assistance that they may require. Such audits
shall be conducted In s1Jch a way so that the
Services or services to any other customer of
Consultant are not Impacted ad versely.
8. Term and Ter,nlnatlon . The term of
this Agreement shall commence on the
Effective Date and shal continue unless this
Agreement is terminated as provided in this
Section 8.
(a) Convenience. City may, without
cause and without penalty, terminate the
provision of Services under any or all
Statements of Work upon thirty (30) days prior
written notice. Upon such termination, City
shall, upon receipt of an Invoice from
Consultant, pay Consultant for Services
actually rendered prior to the effective date of
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such tenmnauon. Charges w,I be based on time expended for all incomplete tasks as listed in the appltcable Stalement of Work. and all completed tasks will be charged as indicated in the apphcable Statement of Work. (b ) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of tenmlnatJon if there are no outstanding
Statements of Work.
(c) Material Breach. If either party
malerially defaults In the performance of any
tenm of a Statement of Work or this Agreement
with respect to a spedfic Statement of Work
(other than by nonpayment) and does not
substantially cure such default within thirty (30)
days after receiving written notice of such
default, then the non-defaulting party may
tenmlnate inis Agreement or any or all
outstanding Statements of Work by providing
ten (10) days prior written notice of tenminatlon
to the defaulting party.
(d) Bankruptcy or Insolvency. Either
oarty may terminate this Agreement effective
upon written notice staling its intention to
tenm,nate in the event the other party: ( 1)
makes a general assignment of all or
substantially all of Its assets for the benefit of
its creditors; (2) applie~ for. consents to, or
acqu,"~S in the app •. ,1tment of a receiver,
tr ,t,,, "Uslodian, or liquidator for its Jusiness
0 1 , t., •• ubstantlally ell of Its asset,. ~) files,
or consents to or acquiesces In, a petition
seeking relief or reorganization under any
bankruptcy or insolvency laws. or (4) files a
petition seeking relief or reorganization under
any bankruptcy or lnsolve.ncy laws is filed
against that other party and Is not dismissed
within sixty (60) dayt after it was rded .
(e) TABOR. The partial understand
and acknowledge that each party Is subject to
Article X, § 20 of the Colorado Constitution
("TABOR"). The par\l8s do not intend to
violate the tenms and requirements of TABOR
by the execution of this Agreement. It Is
understood and agreed that this AgreemPnt
does not create a multl-fiscal year direct or
md,reci debt or obhgat100 w 11hIn the meaning of
TABOR and, nol\\1lhstand1ng anything In this Agreement to !he contrary, all payr.1ent obllgallons of City are ~>-+J ressly dependent and conditioned upon the continuing availability of funds beyond the tenm of City's cunent fiscal penod ending upon the next succeeding December 31 . Financial obligations of Cily payable after the cunent fiscal year are contingent upon funds for that purpose being appropriated. budgeted, and otherwisa made available In accordance w,th
the rules, regulallons , and resolutions of Clly
and applicable law. Upon the failure to
appropriate such funds, this Agreement shall
be deemed terminated.
(f) Return of Property. Upon
termination of this Agreement, both parties
agree to return to the ot'ler all property
(Including any Confidential lnfonmation, as
defined In Sectinn 11) of the other party that It
may have in its possession or control.
9. City Obllgatlons. City will provide
ti,...'"' access to City personnel, systems and
I, ,ation required for Consultant to perform
Its obllcatio ns hereunder. City shall provide to
:::onsultant's employees perfonming Its
obligations hereunder at City's premises,
without charge, a reasonable work
environment In compliance with all applicab le
laws and regulations, Including office space.
furnitu re, telephone service, and reproduction,
computer. facsi mile, secretarial and other
necessary equi pment, supplies, and services.
With respect to all third party hardware or
softw11re operated by or on behalf of City, City
shall, at no expense to Consull:1nt, obtain all
consents. ricenses and subtlconses necessary
for Co~sultant to perform under the Statemenls
of Work and shall pay any fees or c· ,er cosls
associated with obtaining such ;onsents.
licenses and sublicenses.
1 O. Staff. Consultant is an mdependenl
consultant and neither Consultant nor
Consultant's staff Is, or shall be deemed to be
employed by City. City is hereby contracting
with Consultant for the Services descnbed In a
Statement of Work and Consultant reserves
the righl to determine the method, manner and
means by which the Services will be
performed The Services shall be performed by
Consultant or Consultant's staff, and City shall not be requ,red to hire, supervise or pay any assistants to help Consultant perform the Services under this Agreement. Except lo the extent that Consultant's work must be performed on or wilh City's computers or City's existing software, all materials used in providing the Services shall be provided by Consuliant. 11 . Confitientlal Information,
(a) Obligations. Each party hereto
may receive from the olher party information
which relates lo lhe olher party's business,
research, development, trade secrets or
business affairs ("Confidential Information").
Subject lo the provisions and ex::eptions sel
forth in the Colorado Open Records Act, CRS
Section 24-72-101 el Sb.j., each party shall
protect all Confidential Information of lhe other
party with th9 same degree of care as It uses
to avoid unauthorized use, disclosure,
publication or dissemination of Its own
confidential Information of a similar nature, but
In no event less lhan a reasonable degree of
care. Without limiting the generality of lhe
foregoing, each party hereto agrees not to
disclose or permit any other person or entity
access to the other party's Confidential
Information except such disclosure or access
shall be permitted lo an employee. agent,
representative or independent consultant of
such part) requiring access to the same in
order to perform his or her employment or
services. Each party shall insure thal their
employees. agents, representatives, and
independen! consultants are advised of the
confidential na ture of the Confidentia!
Information and are precluded from laking any
action prohibited under this Section 11 ,
Further, each party agrees not lo alter or
remove any identification, copyright or olher
proprietary rights notice which Indicates the
ownership of an) part of such Confidential
Information by lhe olher party. A p3rtv hereto
shall undertake to immediately notify ,, ,e other
party In writing of all circumstances
surrounding any possession, use or knowledge
of Confidential Information at any location or by
any person or entity olher than lhos3
authonzed by thi~ Agreement
Notwithstanding 111b i~regolng, nothing In this
A:ireement shall restrict either party wtlh respect to ,nformalion or dala identical or • simil ar to lhat contained ,n the Confidential lnformahon of the other party bul which ( 1) that party rightfully possessed before it received such information from lhe other as evidenced by written documentation; (2) subsequenHy becomes publicly available through no fau lt of lhat party; (3) is subsequently furnished nghtfully to that party by a third party without restrictions on use or disclosure: or (4) is
required to be disclosed by law, provided that
the disclosing party will exercise reasor.abte
efforts to notify the other party prior lo
disclosure
(b) Know -Ho w . Fer lhe avoidance of ~
doubt neither City nor Consultant shall be
prevented from making use of know-how and
principles learned or experience gained of a
non-proprietary and non-confidential nalure.
(c) Re medies. Each of lhe parties
hereto agree lhat If any of lhem, their officers,
employees or anyone obtaining access to the
Confidential Information of lhe other party by, •
through or under them, breaches any provision
of lhis Section 11, the non-breaching party
shall be entitled to an accounUng and
repayment of all profits, compensation,
commissions, remunerations and benefits
which the breaching party, Its officers or
employees direct:v or Indirectly realize or may
realize as a res .t of or growing out of, or in
connection with any such breach. tn addition
to, and not in l imitation of the foregoing, in the
event of any breach of this Seclion 11, the
parties agree lhat the non-breaching party will
suffer irreparable harm and that the total
amount of monetary damages for any such
lnJury lo the non-breaching party arising from a
vio lation of this Section 11 would be Impossible
to calculate arid would therefore be an
Inadequate remedy at law. Accordingly, lhe
parties agree that lhe non-br1iaching party
shaH be entitled to temporary and permanent
Injunctive relief againsl Iha treachlng party, its
offia.rs or employees and such other rights
and remedies to which lhe non-l>re:,ching party
may be entitled to al law, In equ,ly or under this •
Agreement for any violation of this Section 11 .
The provisions of this Section 11 shall survive
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the ex piralion or term1nalion of this Agreement for any reason . 12 . Project Managers , Each party shall des ignale one of its employees to be its Project Manager under each Statemen t of Worll, who shall act for that party on all matters un der lhe Statement of Work . Each party shall notify the other in writing of any repIacement of a Project Manager. The Project Managers for each Statement of Worl : shall meet as often as
either one requests to r,wiew the status of the
Statement of Work.
13 . Warranties .
(a) Authority . Consultant represents
and warrants that ( 1) Consultant has the full
corporate right, power and authority to enter
Into th is Agreement and to perform the acts
re quired of it hereunder; (2) the execution of
this Agreement by Consul lan t , and the
performance by Consultant of Its obligations
and duties hereunder, do not and will not
violate any agreement to which Consultant ls a
party or by which it is otherwise bound under
any applicable law , rule or regulation; (3) when
executed and delivered by Consultant , this
Agreement will constitute the lega l, valid and
bind in g obliga .i on of such party, enforceable
agair-st such party m accordance with its
terms; and (4) Consu ltant acknowledges that
City makes no represe ntations, warranties or
agreem e.i ls rela ted to the subject matter
hereof that are not expressly provided for in
this Agreement
(b) Service Warranty. Consultant
warrants that its employees and consultants
sha ll have sufficie nt skill, knowledge, and
tra ining to perform Services and that the
Services shall be performed in a professional
and workmanlike manner.
(c) Personnel , unless a specific
number of emp loyees is sel forth in the
Statement of Work , Consultant warrants it will
provide sufficient employees to complete the
Services ordered within the applicable time
frames established pursuant to thi s Agreement
or as set forth in the Statement of Work ..
Du rin g the course of performance of Services,
City may, for any or no reason , request
replacement of an employee or a proposed employee. In such event , Consultant shall. within five (5) working days of receipt of such request from City , provide a su bsli tute employee of sufficie nt sk ill, knowledge , and train ing to perform the appl icab le Services . Consultant shall require emp loyees providing Services al a City location to comply with app li cable City security and safety regulations and policies .
(d) Compensation and Benefits.
Consultant shall provide fo r and pay the
compensation of employees and sha ll pay all
taxes, contributions, and benefits (such as , but
not limited to , workers' oompensation beriefits)
which an employer is req uired to pay relating
to the employment of employees . City sh all not
be li able to Consultant or to any employee for
Consultant's failure to perform its
compensation , benefit, or tax obligations .
Consultant shall in demnify, defend and hold
City harmless from and against all such taxes ,
contributions and benefits and will comply with
all associated governmental regulat ions ,
Including the filing of all necessary reports and
returns .
14. Indemnification.
(a) Consultant Indemnification.
Consultant shall indemn ify , defend i'~ hold
harmless City, its directors , omcers,
employees, and ag ents and the hairs ,
executors, succes3 •,rs, and pe rm itted assigns
of any of the lorego:r, 1 (the "City lndemnitees")
from and against ~II l~;ses, claims, obligations ,
demands, asse~s, · \'tis, fines and pena lties
(whether civil or cri rn mal), liabilities, ex pens'3s
and costs (including reasonab le lees ar"·
dis bu rsements of lega l counEel and
accountants), ~odily and other personal
inj uri es , damage to tan ribl e property, and
othe, damages , of any kino or nature, suffered
or incurred by a City lndemn itee directly or
indirectly arising from or related to: (1) any
negligent or in tentio nal acl or omission by
Consultant or its representatives in the
performance of Consultant's o'lligations under
this Agreement, or (2) any mat 3rial breach in a
representat ion, warranty, '!Ovenant or
obligation of Consultan t conta;ried in this
Agreement.
(b) lnfrlngemont. Consultant will indemnify, defend, and hold Clly harmless from all lndemnlfiable Losses arising from any third party cla,ms that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rlghls of any lhlrd party; provided. however, that the ror:igoing indemnification obhgalion shall not apply to any alleged i nfringement or misappropriation based on: (1) use of the Wor1< Product in combination with products or
services not provided by Consultant to the
extent lhal such infringement or
misappropriation would have been avoided If
such other products or services had not been
used; (2) eny modification or enhancement lo
the Work Product made by City or anyone
other than Consultant or Its sub-consultants; or
(3) use of the W011\ Product other than as
permitted under this Agreem ent.
(c) Indemnification Pr ocedures.
Notwlth-standing anything else contained In
this Agre ement, no obligation to indemnify
which Is set forth in this Sectlon 14 shall apply
unl ess the party claiming indemnification
notifies the c,ther party as soon as practlcable
to avoid any prejudice in the claim, suit or
proceeding of any matters in respect of which
the Indemnity may apply ;.n<! of which the
notifying party has knowledge ?.nd gives the
other party the oppcrtunlt;• to control the
response thereto and the defense thereof;
provided, however, that the party claiming
indemnification shall have the right to
participate In any legal proceedings to contest
and defend a claim for indemnification
Involving a third party and to be represented by
Its ._,.., 1 attorneys, all at such party's cost and
expense; provided further, however, that no
selllemen1 or compromise of an assorted third-
party claim other than the paymenVmnnev may
be made without the prior written consent of
the party claiming Indemnification.
(d ) Immunity. City, its officers. And Its
employees, are relying on. and do not waive or
intend to waive by any provision of this
Agreement, the monetary limitations or 3ny
other rights, Immunities, and protections
provided by the Colorado Governmental
Immunity Act. C.RS. 24-10-101 et seQ .. as
from hme lo time amended, or otherwise available 10 City, ,ts officers. or Its employees 15. Insu r an ce. (al Requirements. Consultant agrees to keep in full force and effect and maintain at ,ts solo cost and expense the following policies of insurance during the term or this Agreement. ( 1) The Consultant shall comply
w:th the Wo, kers ' Compensation Act of
Colorado and shall provide compensation
Insurance to protect the City from and against
any and all Workers' Compensation claims
arising from performance of the work under
this contract. Wor1<ers' Compe,1sat1on
Insurance must covar obliga!Jons Imposed by
applicable laws for any !lmployee engaged in
the performance of w ork under this contract, as
well as the Employers' Liabifity within the
m inimum statutory lim its.
(2) Commercial General Liability
Insurance and auto Rabllity insurance
(including contractual liability Insurance )
providing coverage for bodily Injury and
property damage with a combined sin gle limit
or not less than one million dollars
($1,000,000) per occurrence.
(3) Professional Uability/Er,ors and
Omissions Insurance covering acts, 1:rrors and
omissions arising out of Consultant's
operations or Services In an amount not less
than DllP. million dollars ($1,000,000) per
occurrence.
( 4) Emp;oyee Dishonesty and
Computer Fraud Insurance covenng losses
arising out of or in connection with any
fraudulent or dishonest acts committed by
Consultant personnel, acting alone or with
others, in an amount not less than one million
dollars ($1 ,000,000) per occurrence.
(b) Approved Compan ies. AN such
insurance shall be procured with such
Insurance companies of good standing,
permitted to do business i n the country, slate
or territory where the Services are being
performed
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(c) Certificates. Consultanl shall provide City wllh cert,ficales of Insurance evidencing comphance with th is Section 15 (i ncluding evidence of renewal o f Insurance) signed by authorized representalives of the respective carriers for each year that this Agreement 1s 1n effect. Certificates of 1nsurance wiU hsl the City of Englewood as an additional insured Each cert1f,cate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise
materially change the insurance afforded under
the above policies unless thirty (30) days·
notice of such cancellation , reduction or
material change has been provided to City ,
16. Rights In Work Pr oduct.
(a) Ge ne rally. Except as specif,cally
agreed to the contrary in any Statement of
Wo rk , all Intellectual Propurty Rights In and to
the Work Product produced or provided by
Consultant under any State ment of Work shall
remain the property of Consultant. With
respect to the Work Product, C011sullant
unconditionally and Irr• 10cably grants to City
during the term of such Intellectual Property
Rights, a non~xclusive, irrevocable, perpetual,
worldwide. fully paid and royalty-free license,
to reproduce, create derivative works of.
distribute, publicly perform and publicly display
by all means now kn own or la ter developed,
such Intellectual property Rights .
(bl Know-How. Notwithstanding
anything to the contrary herein, each party and
its respectrve persomet and c011sultants shall
be free to use and employ its and their general
skills, know-how, and expertise, and to US<!,
disclose, and employ any generalized Ideas,
concep ts, know-how, methods. techniques, or
skills gained or learned during the course of
any assign ment. so long as It or they acquire
and apply such Information without disclosure
of any Confidential Information of the other
party.
17. Relationship of Parties. Consultant Is
acting only as an Independent consultant and
does not undertake, by this Agreement, any
Stateme nl of Work or olherwise, lo perform
any obligation of City, whether regulatory or
contractual, or lo assume any responsibility for
City's business or operations Neither party shall act or represent Itself, directl y or by implication, as an agent or the other, except as expressly aut horized in a Sta tement of Work. 18. Complete Agreement. This Agreement contains the entire agreement between the parties hereto with respect lo lhe matters covered herein. 19. Appllcable Law . Consultant shall
comply with all applicable laws 1n performing
Services but shall be held harmless for
violation of any governmenta l procurement
regulation to which it may be subject bul to
which reference 1s not made i'l the applicable
Statement of Work. This Agreement shall be
construed In accordance with the laws of the
State of Colorado. Any action or proceeding
brought to Interpret or enforce the provisions of
this Agreement shall be brought before the
state or federal co urt silualed In Arapa hoe
County, Colorado and each party hereto
consents lo jurisdiction and venue before such
courts.
20. Scope of Agreement. II the scope of
any provisions of this Agreement Is too broad
1n any respect whatsoever to permit
enforcement lo Its fullest extent, then such
provision shall be enforced to the maximum
extent permitted by l aw, and the parties hereto
consent lo and agree that such scope may be
judicially modified accord ingly and that the
whole of such provision of this Agreement shan
not thereby fail, but that the scope of such
provision shall be curtailed only to the extent
necessary to conform to law.
21. Additional Work. After receipt of a
Statement of Work, City, with Co nsultant's
co11sent, may request Consultant to undertake
additiona l work with respect to such Statement
of Work. In such event. City ar.d Consultant
shall execute an addendum to the Statement
of Work specifying such additional w0!1< and
the compensation to be paid to Consultant for
such additional work.
22. Sub -consultants. Consultant may not
subcontract any of lhe Services lo be provided
hereunder withoul the prior written con~enl of
City. In the event of any permitted
subcontracting, the agreement w,th such third party shall provide that. with respect 10 the subcontracted work , such sub-consultanl shall be SUbJeCt lo all ol the obl1gatJons ol Consultan t specified in this Agreement 23. Not ices. Any notice provided pursuant lo this Agree ment shall be in writing lo the parties at the addresses set forth below and shall be deemed given (1) if by hand del ivery, upon receipt thereof, (2) three (3) days after
deposit In the United States malls, postage
prepaid, certified mail, return receipt requested
or (3) one ( 1) day after deposit with a
nationally-recognized overnight courier,
specifying overnight priority dellv8'Y Either
party may change Its address for purposes or
this Agreem ent al any lime by giving written
notice of such change to the other party
hereto.
24. Ass ignme nt. Th is Agreement may not
be assigned by Cons ultant without the prior
written consent of City. Except for the
prohibition or an assignment contained in the
preceding sentence, this Agreement shall be
binding upon and inure to the benefit of the
heirs, successors and assigns or the parties
hereto
25. Thi rd Party Beneflclarles. This
Agreement is entered Into solely for the benefit
of the parties hereto and shall not confer any
rights upon any pe rson or entity not a party lo
th is Agreement.
26. Headings. T~e section headings In
this Agreement are so,.,ry for convenience and
shall not be considered in lls Interpretation .
The recitals set forth on the first page ol this
Agreement are incorporated into the body uf
lh1s Agreement The e'Chiblts referred to
throughout this Agreement and any Statement
of Work prepared in confonnance with this
Agreement are incorporat0 d into this
Agreement.
27. Waiver. The failure of either party al
any lime lo req ui re perfonnence by lhe other
party ol any provi sion of this Agreement shall
no t effect in any way the full right to requ ire
such performance at any subsequent lime: nor
shall the waiver by either party or a breach ol
any provision ol this Agreement be taken or held to be a wa,ver of the prov1s10n itself . 28. Force Majeuro . If performance by Consultant or any service or obllgation under this Agreement Is prevented, restricled, delayed or Interfered with by reason or labor dis pul es. strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, ulllily or communications fail ures, earthquakes, war, revolution, civil commotion,
acts of publlc enemies, blockade, embargo or
any law, order, proclamation, regulalion,
ordlnanC('. demand or requirement having
legal effect of any governmental or judicial
authonty or representative of any such
government, or any other act whether similar
or dissimilar to those referred lo in this clause.
which are beyond the reasonable control of
Consultan~ then Cons,lltanl shall be excused
from such performance lo the extent of such
prevention, restriction, delay or Interference. Ir
the period of such delay exceeds thirty (30)
days, City may, without li ability, terminate the
affected Sta tement of Work(s) upon wrillen
nolice to Consultant.
29. Time of Performance. Time is
expressly made of the essence with respect lo
each and every term and provision of this
Agreement
30. Permits . Consultant shall at ~:; own
expen se secure any and all llcenses, pennits
or certificates lhal may be required by any
fed eral , state or local statute, ordinance or
regulation for the performance of the Services
under the Agreement Consultant shall also
comply with lhe provisions of all Applicable
Laws In performing lhe Services under the
Agreement. At i ts 01'. 1 expense and at no cost
to City, Consultant shall make any change,
alteration or modificabon that may be
necessary to comply with any Appl',cable Laws
that Consultant failed to comply with at the
time of performance of lhe Services.
31 . Medi a Releases . Except for any
annou ncement intended solel y for inl11mal
distr ibution by Consultant or any disclos ~•"
required by legal, accounting, or regul11
requirements beyond the reasonable con , .
Consultant, all media releases, pub.,•;
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announcements or pubhc disclosures (ineluding, but not limited to, promotional or marketing matenal) by Consultant or i ts employees or agents relating lo this Agreement or Its subject matter, or Including the name. trade mark, or symbol of City. shall be coordinated with end approved m writing by City pnor lo the release thereof. Consultant shall not represent direcUy or indirectly that any Seivices provided by Consultant to City has been approved or endorsed by City or include
the name. trade mark, or symbol of City on a
list of Consultant's customeIS without City's
express written consent
32. Nonexclusive Market and Purchase
Ri ghts. It is expressly understood and a11reed
that this Agreement does not grant to
Consultant an exclusive nght to provide lo City
any or all of the Services and shall not prevent
City from acquiring from other suppliers
services similar to the Seivlces. Consultant
agrees that acquisitions by City pursuant to
thi s Agreement shall neither restrict the right of
City to cease acquiring nor require City to
cqfltinue any level of such acquisitions .
Estimates or forecasts furnished by City to
Consultant prior to or during the term of this
Agreement shall nol constitute commitments.
33. Survival. The provisions of SectJons 5 ,
8(9), 10, 11. 13, 14, 16, 17, 19, 23, 25 and 31
shall survive any expiration or termination for
any reason of this Agreement.
3-4 . Verlflcatlon of Compllance with C.R.S.
8-17.5-101 ET.S EQ. RegBrdlng H iring o f
lllega I Aliens:
(a) Employees, Con s ultants and
Sub-consultants: Consultant shall not
knowingly employ or contract with an illegal
ahen to perform work under this Contract.
Consultant shall not contract with a sub-
consullant that falls to cenify to lhe Consultant
that the sub-consultant will nol knowingly
employ or contract with an illegal alien to
perform worl< under this Contract. (CRS 8-
17. S.102(2)(a)(I) & (11).J
(b ) Verificatio n: Consultant wll P
participate in either the E-Verify program or the
Department program. as defined •n C .R.S 8-
17.5-101 (3 3) and 8-17.5-101 (3.7), res;iectively. in order to confirm the employment ehg1bihty of all employees who are newly fired for employment to perform work under this public contract for seivIces. Consultanl Is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this concract Is being performed.
(c) Duty to Terminate a
Subcontract: If Consultant obtains actual
knowledge lhal a sub-consultant performing
worl< under this Contract knowingly employs or
contracts with an illegal alien, the Consultant
shall:
( 1) notify the sub-consu11ant and
the City within three days that the
Consultant has actual knowledge that
the sub-consultant Is employing or
contracting with an Illegal alien; and
(2) terminate the subcontract
with the sub-consultant if, within three
days of receiving notice required
pursuant lo this paragraph the sub-
consultant does not stop employing or
contracting with the illegal alien; except
that the Consultant shall not terminate
the contract with lhe • ub-consultant If
during such three days the sub-
consultant provides Information to
establish that the sub-consultant has
not knowrngly employed or cc rtracted
with an illegal afien.
(d) Duty to Comply with State
Investigation: Consultant shall comply with
any reasonable request of the Colorado
Department of Labor and Employment made In
lhe course of an investigation by that the
Department Is undertaking pursuant to C.R S.
8-17.5-102 (5 )
(e) Dama ges for Breach of Contract:
The City may terminate this contract f0< a
breach of contract, in whole or In part, due to
Consultant's breach of any section of this
paragraph or provis ions required pursuant lo
CRS 8-17.S.102. Consultant shall be liable for
actual and consequential damages to the City
In addition to any other legal or equitable remedy the City may be entitled to for a b each or this Contract under this Paragraph 34 . 35. The Consultant is hereby notified of the requirements of Colorado Constitutional Amendment 54, effective December 31, 2008, which limits the rights of the holder of a so le source government contract to make politic.al contributions. •
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IN WITNESS WHEREOF, lhe parties to lh1s Agreement have CAused it to be exftcuted by their authonzed officers as of lhe day and year firsl above written. This Agreement may ho executed In coun terpart ~ each of which shall be deemed an original, but all of which logether shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By: _____________ _ Title: _____________ _
ATTEST:
City Clerk
B '!Ar'u,k ; /\.~~ .. c.;,,t-M::>
(Consultant Nar.1e)
°'-A.::s s: ',,,I. m.,..._ "'?,-.
Address
\.,.-.>.V.. :in,,. S:..t> n:m .... n
City, State, Zlp Code
By:~;;;;,.
Title: b.,..,,. > 9 s,,.,,4
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9.
SC HEDULE A OUTLI NE OF STATE MENT OF WORK GENERAL ThA fO:lowlng fist of documents and/or drawings are attached or 1ncorporat,,<1 by reference : • Attachment A r,om Hedrick & Associates • Project Scope of Work 'attached) • Atlachment B from Hednck & Associates -Fee Schedule (attach6 ~, • FHWA form 1273
NAMES OF PROJECT COORDINATORS
For the City: David Henderson, Engineering/Capital Projects Administrator
For Contracto~ Richard A. Hedricks, Principal
SUMMAPY OF PURPOSE FOR STATEMENT OF WORK
Consu lting services p..,r Attachments from Hedrick & Associates.
EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
NIA
OTHER CONSULT ANT RESOURCES
N/A
DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
Contractor wlll provide and plans and specifications and design drawing for the project per the
Project Scope of Wor1c. In Attachment A.
SPECIAL TERMS , IF ANY
NIA
MODE OF PAYMENT
Payment lo Contractor by Check
PAYMENT SCHEDULE
City will pay Consultant for the worl( in accordance with the following payment schedule. All
payments to Consultant are contingent on CoMullant's satisfying the Dellverables/Miieslones
sel forth In Uie Payment Schedule. Payments shall be made upon City's written confinnation
to Consultant that the Oehverables-Mile.tones have been oatlsfied.
Monthly invoicing, Net 30 days
tO . SCHEDULE AND PERFORMANCE MILESTONES
?roject must be substantia lly complete by August 3"'.
11. ACCEPTANCE AND TESTING PROCEDURES
Design services to meet City of Englewood (City), Federal Highway Administration. and
Colorado Department or Transportation (COOT) standards and guidelines.
• 12. LOCATION OF WORK FACILITIES
Substantially all of the work will be conducted by Consultant at Its regular office IOCc. . ..d In
Littleton, Colorado.
IN WITNES S WHEREOF , pursuant and in accordance with the Professional Services Agr ee ment between the panies hereto dated June 15'", 2009. the parties have execu ted this Statement or Work as or this 5" day or June. 2009. CITY OF ENGLEWOOO,:J.k By:~(Zl . 7itle: fQQlneerjng/Cap!tal Projects Administrator
HEDRICK & ASSOCIATES , LLC
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Attachment A -P roject Scope of W ork General information and Descriptlon of Project: The project is located In the City of Englewood and includes the median design services for Improvements to S. Broadway , Tufts to Quincy. The project is a backup Stimulus Project with DRCOG and will require plan preparation per Colorado Department of Transportation (CDOT) requirements to a Final Office Review (FOR) plan prP.paralion slag9. The project will Include the construction of raised medians with left turr, pockets between Tufts and Quincy on South Broadway for three blocks which is a lengtl of
approximately 0.4 miles. This part of South Broa dway is a major arterial through the City of
Englewood business district, with an excess of 45,000 vehicles per day. Construction will
be funded with a combination of Federal stimulus and local funds. The total construction
cost estimate is $500,000. The project needs to be at FOR status as of August 3, 2009. No
ROW acquisition Is required.
General Description of Services / Scope of Work:
The consu~ant, Hedrick & Associates , LLC (H&A), will provide profossional design
services to meet City of Englewo od (City), Federal Hig hway Adminlstr11tion, and Colorado
Department of Transportation (CDOT) standards and guidelines. The following services
are required for this project: surveying, civil design, irrigation system design , geotechnical
testing, traffic eng ineering , landscape architecture, environmental services, roadway
design including temporary/during construction access to businesses , existing utilities
conflict identification and relocation design, and public relations .
DBE participation for the Professional Services Consultants and/or Sub consultants will be
15 Percent minimum to meet potential COOT requirements .
Planned Improvements:
The general planned Improvement Is the widening of the median of Broadway from Tufts
Avenue to Quincy Avenu e to provide landscapin g opportunit ies . The left tum storage areas
will be shortened to provide room for this widened median. The brief scope description Is
the reconstruction of the median, median curbs and gutters and necessary pavement
removal and replacement including survey, construction plans , specifications, cost
estimate s, and bidding ass :sta nce.
Work Duration:
ThP. time penc-' '')r the work described In this scope is have the plans and specifications to
a CO OT FOR level as of August 3. 2009.
Consultant Resoonsib lhtv:
H&A is respons ible for:
Survey -survey will be of med ian area and adj acent street to the back of curb
Preliminary Design -preparation o! plans for a COOT Fie ld Inspection Review (F IR): the M-ESA (Modified Environmental Site Assessment ) will be performed at a later date when it • Is ascertained when this project will be bid as the M-ESA has a shelf life of 6 months. Final Design -preparation of plans for a COOT Final Office Review (FOR) and advertisement Bidding Assistance -assist the City in the advertisement. project showing, answering questions, preparation of addenda, assisting in preproposal meeting, assisting In bid opening , assisting in preparation of bid tab, review of bids, and other llems as needed to
award project -this Is a future item of work.
Work Product:
H&A work products are:
Construction Plans and Specifications
Opinions of Probable Construction Cost
The City will advertise the project and perform the necessary functions required for
aJvertisement Including reproduction.
WORK TASK DESCRIPTIONS
I. PROJECT INITITATION AND CONTINUING REQUIREMENTS: H&A shall appoint a
responsible member of th e firm to be the contact person for all design services. That
person should be available until the end of construction to coordinate the following
services. Mr. Charles J. Dreesen, P.E. Is the responsible person for this project.
A. Site Inspections and I nltial Project Meeting -an Initial meeting will be held
including an on-site inspection ensuring that H&A is familiar with the existing
conditions as well as the project requirements.
B. Progress Meetings -H&A and the City will meet periodically, typically at two-
week intervals. These meetings will be used to coordinate the work effort and to
resolve questions and Issues.
C. Project Management -H&A will coord inate lhe work tasks being accomplished
to ensure project work completion is on schedule.
i:. PRELIMINARY DESIGN:
Opinions of Probable Construction Estimates -H&A will prepare opinions of the
probable constructl•Jn project costs periodicaffy during design (I .e. at project
onset and at 25% ;: nd 50% of design document preparation) to provide the City
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construction budget estimates These estimates will be made based on current City and COOT cost data information . 8 . Construction Plan Preparation -H&A will prepare specifications and construction plans generally following COOT plan and specification formats on an 8 ½" x 11 • and/or 11 " x 17" format respectively. C. Survey -obtain permits from the City; prepare traffic control plans: no right-of• entry forms from adjacent property owners; horizontal and vertical control by fast-static GPS; horizontal control with NAO 3/92 and vertical control with NAVO 88; no tie to local control; tie in 3 existing aliquot land comers; prepare survey
control diagram; obtain existing planlmetric features including elevations of NB
and SB Broadway of existing lop back of curb, gutter and pan at 25' centers,
center meoian extending from existing pan to /Ip line extended (approximately
13' wide ) of existing top back of curb, gutter and pan and asphalt at lip lin~
extended at 25 ' centers; field data prepared in AutoCAD format; utility locates
by Underground Locating and Mapping Consultants in the median area and
surveyed by Clar1<:; and obtain assessor's maps and research existing ROW
deeds to ascertain the Broadway ROW from Tufts to Quincy and ROW wlll be
determined by records research therefore and ROW certification and secure
clearance will not be prepared. City will prepare ROW Clearance letter.
0 , Biological Resources Report/Form 128 Clearances -Field review and site
assessment for Wetlands, Threatened and/or Endangered Species, and
Noxious Weeds . Includes field mapping and preparation of Biological
Resources Report summarizing field conditions for environmental clearances.
E. Environmental -A Phase 1 Environmental Site Assessment will be performed
In accordance with COOT procedures for a modified Phase 1 (termed M-ESA).
The COOT modification extends the landfill search radius beyond that normally
specified by ASTM .
F Preliminary Median Design Plans -Prepare one landscape concept plan for the
length of the corridor to provide preliminary costs for design. Includes one
rendered plan and one typical cross-section. Prepare an estimate of probable
costs for landscape, median hardscape, irrigation and other aesthetic features .
Meet with City staff and other stakeholders to gain input on median design.
G. Public Relations -Prepare and mail two newsletters and prepare for and attend
one public open house.
H. Participate in a FIR Including plans and specifications preparation , attendance,
meeting minutes and revision of FIR plans.
111. ElN~lfil:{:
A. Opinions of Proba ble Construction Estimates -H&A will prepare opinions of the
probable construction project costs periodically during design (I.e. at 85%, for
the FOR. and 100% of design document preparation) to provide the City
constn.:ction budget estimates and estimated quantities for project
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advertisement These estimates will be made based on current Cit; and CDOT ~~~~~ . B. Construction Plan Preparation -H&A will prepare construction plans generally following COOT format 1n an 11 • x 17" format. The plans will be at 100% of plan preparation. C. Final Median Design Plans -Incorporate staff and public input into planting plan. Prepare planting plans at 1 •=20• scale and planting details. Includes details of special paving and planters. Prepare median hardscape design plans with H&A. Includes details of special paving and planters. Prepare irrigation
plans at 1 "=20' scale and lnigatlon details. Prepare specifications for landscape,
irrigation and special aesthetic features. Complete quantity take-offs, cost
estimate and bid tabulations for l:andscape, Irrigation ar ,j aesthetic features .
0 . Specifications -H&A will utillze t.he previous H&A SPf :lfications with City Input
to prepare a FINAL set of project specifications ready ior advertisement. The
specifications will include an estimated time-of construction for this project
based on typical construction practices.
E. Phasing/TCP -H&A will prepare a construction/final phasing plan Indicating the
sequence of construction Including accommodation of traffic during construction
with a final traffic oontrol plan (TCP) with estimated quantities.
F. Final Office RevieW -H&A, the City and the utilities will attend an FOR
regarding the project to discuss the final project prior to advertisement and
resolve any oonfficts that still remain . II is anticipated that by this point It will be •
delermlned whether Stimulus Funding is available and a combined FIR/FOR
plan review and meeting will be held with COOT.
G. Construction Plan Package -H&A will provide the City a set oi i.:production
ready original paper plots of the final 11' x 17" co,1structlon plans and a
reproduction ready set of project specifications as well as electronic copies of
both the specifications and plans .
H. Bidding Assistance and Construction -H&A will attend a pre-bid conference
and to answer questions during bidding asked of H&A by the City regarding the
design. H&A will also be aLle to provide construction observation or Inspection
services and be avallablu to answer technical field questions although this
service is currently not included in this scope of work.
The fees for the above tasks .:1r~ as follows, see attached Base Fee Proposal :
I. PROJECT INITITATION AND CONTINUING REQUIREMENTS:
A. Site Inspections and lnttlal Project Meeting -$2, 120
B. Progress Meetings, Preliminary -$1,450
Total Project Initiation and Continuing Requirements = $3,570
C \D."'ummcJ and !tcitmP.dhcndcnon l.41ll Sd11n11T~ lCSffllC' Ftkl'-OU. ICl-&dw,(Tdl Qnlcy,~orv.·nn,d.JC •
• II. PRELIMINARY DESIG_tl A. Preliminary Constructio n Plan & Specifica tions Prepara tion -$13,800 .00 B. Survey -$8,790 C. Biological Resources Report/Form 128 Clearances -$1,028 D. Environmental (M-ESA) Future -$5,740 E. Public Relations -S1 ,934
F. Opinions of Prob?ble Construction Estimates -$1 ,000
G. FIR -$2,080
Total Preliminary Design Costs = $34,372
Ill. FINAL DESIGN:
A. Project Management & Progress Meeting -$2,530.00
8 . Final Construction Plan & Specifications Preparation -$22,232
C . Public Relations -$1,934
D. Opinions of Probable Construction Estimates -$1,000
• E. FOR-$2,910
F. Construction Plan Package & Bidding Assistance -$3310
Total Preliminary Design Costs= $33,916
Total Fee= $71 ,858 (Including M-ESA)
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• • BASE FIEE PRO P O SAL H €DR/CK & A SSIXl41ES. UC ConW1an1 Man-hOurs Dlfec:tCo,t 2009 South 8 1oadway Median ~ e· ~ ;Y.!J:> e,?'J!;' J!...WH. !mlolsal!l ~ Labo, Sul>conlt Tufb to Ou1~ -3 bk>cks Hedtk:k Ot•esen JMn1on Kouftmon Fee, S, rn.t , ... ___ Con_Req ........... • . 0 0 0 0 . $1,610.00 H OO.OD 1-8 --(-)(2) 2 • 0 0 0 0 2 S 1.450.00 1-C -byA-~(Done) 0 0 0 0 0 0 0 SUIO 1-0 -SIi 5-as by RMC 0 2 0 0 0 0 0 $320.00 ss.•20.00 l·E &#wy & ObMlwd \Mly LocaliCIN by a.rk Surve 0 2 0 • 0 2 0 S&.5000 n .-.o.oo 1-1' 8dogical Ruourcn Repot1.'f'orm 128 Cleal'llnon 0 2 0 0 0 2 0 '470.00 S.SJl,20 1-G Pr~ Stendllld Plan Prep~tion 0 2 0 s 0 2 0 $1.1)40.00 l •H ~ M9d1.m0Hign~ns 0 6 Q 6 0 ◄ 0 $1,830.00 n ~nt.ao ,., ~ Roadway O.stgn & Del.alls 2 6 0 2◄ 0 2◄ 0 $5,420.00 l •J Oplokm of P1obab .. Con,1,ucbon Cost 0 2 • ◄ 0 ◄ 0 $1 .000.D0 l •K Preliminary SpedklUons 0 ◄ 0 2 0 0 • $1,050.00 H. Phasngl'TCPIAcctt$ P~ 0 2 0 s 0 • D $1.680.00
l•M Aekl~R•Ylew 0 • D • D • 2 $1.4 30.00 .05000 ,.,. ..__ 0 ◄ D 2 • 2 2 $1.090.00 Sl44,00
Phau 1 -Subtotal • ◄& 0 60 0 •• ,. $19.250.00 $18,692.00
, ... ---~R-◄ ◄ 0 0 0 0 2 S l.-51000
2-B--~1(21 2 ◄ 0 0 0 0 0 $1.0ZO.OO
2.C lMlly Conllicta ResoMlon 0 2 0 • 0 2 0 saoooo
Z-0 Anal Standatd Plan p,-parallon 0 2 0 a D 2 D S t .040.00
2-E Fanal Roadway OM,'9n & Oat.alls 0 6 0 •o 0 ,. 0 S6.06000
2-F Anal Median Dlsifn & Delitlls 0 6 0 • D ◄ D Sl .830.00 H ,0:Jt.10
2-G Opinion ol P'roba b'e Construd:ton Cost 0 2 0 • D • 0 Sl ,000,00
2·H Fina l Specfflc:allon1 D 6 0 • 0 0 . $1 ,560.00
2-1 Phaslng/TCP/Acceu Plan 0 2 0 e 0 • D Sl.6&0.00
2-.J Penn~ SigfWtglP~ve~I M arking Plan D D 0 • 0 . D $680.00
2-K F'nal Onlc:e R...,;..-.,:.w lnspec:Uon 2 ◄ D . D • ' $1.810,00 St.10000
2-t. CanlOru<tion,,._,P..._ 0 • 0 • 0 ◄ 2 Sl.◄30 DO , ... __
0 • 0 . 0 0 • s1.aao.oo
2-H P-bk~ D . D 2 0 2 2 S1.09000 .......
P b u.11 I • Subtotal • ... 0 .. 0 .. IS sn.94C .oo H.975..80
M Conslr\ldlon-SO.OD
3-8 -S0.00
3-C Materiall Tellio; ~~ \~ .. ~~ ~~ ~ SD,00
3-0 Subm1tlal Revi.w/AJ)p,oval SD.00
3-E Pay Appbtlons/Change Orders/Ouanl.JUl!is $0.00
l-f Sub$lanlial/F1nal Campi.lion S0.00
3-G A$-8uilts and rlNI P'roiect Report s ooo ,... W'"'"nlYO,,peclion so.oo
Ph-• --Subtot•I 0 0 0 0 0 u 0 sooo 10.00
~ t6 100 1~ 0 110 30 S4l .190.00 S2t,681 IO
TOC;a,: H&A Hours• .. 06
Hitddn&Assodlll.nzoot~~ $19000 $160.00 S15S.00 SH.OD $'75.00 S1S.00 SS.5 00
• Total Ct:lsl. s :l.12000 $1.◄50 00 SOCIO ss.1,0.00 sa.19000 $1,<11820 $1,04000 $4 ,609 SO SS,42000 St.000.00 $1,D5000 $1,630.00
$2,080 00
$1.934 00
137.942...00
$1.510 .0C.
Sl.02000
$550 00
Sl.040 OD
S6.060 00
H.861.30
$1.000.00
$1.560.00
S 1.630 OU
S6&0 00
U .91000
Sl.'3O.00
Sl,MOOO
S1.93fi 00
$33.915-.30
SOCIO
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Education
Urwers,ry ol Notre Oame. JD. 198-4
Alma College , 1981
Biogra phy
t•agc I on
Mr Elsme,er specializes In commercial, environmental and employmenl lrt,g ahon. I
handles imtelleciual property maltOIS and whlalleblower/qul tam hllgatlon His ctlonl
from large. nallonal corporations 10 small, local business enlttler
Prior lo joining Burns , Frga & Will, P.C In 1990, he practiced el Kutek , Rock & Car
WIiie there, he specialized In hligalion, real estate and publi•, soclor finance Mr E
hu subslonllal trial and appellate experience In Colorado ,nd other slalos lhrougt
hnp :/1\\ "'" , hi\1 -law.conlihfwpagc~ios/par1ncrs/bio::i _I iismcicr.h tm I (>II 512009
ra~c 2 of2 Rocky Mountain region He has also argued several tmes belOfe lhe Jlldic,al Paru Muhtd1slntl Lillgal,on Wule al Notre Oame Mr E1smeae, was a member ot lhe Notte Dame Law Revtew served as Its Adm1nl1tra11ve Ed11or In 1983-84 Mr E1sme1er received his undergra1 degree from Alma Collfjje v, Ama Mleh,gan. summa cum laude He was aclrve ,n government and vanous academtC soaelles. indudlng Phi Bela Kappa. 10 whidl II E,smeier waa selected tn 19$1 . Mr Eismei&< os a membet of lhe Colorado Bar Assooauon. Amen<an Bar Assooal Denver Bar AssociatlOn He is lice1lsed 10 prac1,ce law in Iha State of Co. >rado, Ur DiSllicl Cou rt for the Dl11rlct of Colorado, lhe Te nlh Circu ,1 Court of Appeals, U.S I
Court. U S Federal c.rcu.t Court of Appeals. and the UnKed Stales Sup,eme Cour
been opeady adm1llecl lo lhe Bar Assoaabons of Utah and Wyomr,g Additional)
member of Iha La., Club of Denver (1990 to present; Presldenl 200().2001), Facul
Federal Advocales (1997 lo p,esenl), and Is a Dlrector oflhe Noire Dame law Asr
C-Mr Eosmeier IS a frequenl lecturer If various legal c:onfe,ences In Coton
has also published many legal artldes. induding "The Aller Ego Dodnne In Color•
Colo3 do L8"1)'er, March 1999. and artldes regarding lhe Economic Losa Rule in C
and Washlrlglon published In lhe Colorado and Wa s~on Journals, respectively
In 2003. ha pubisl1ed ·con11nu1,g T reapass and N10sar,ce for Tox,c Cllemocals' in
Colof3dO J~mal. In 200<I, he published "Applical1on of Civil and Cnmw,a( law lo F
Mlgrallon of Toxic Chemicals In Colorado" for lhe Amer,can Bar Assodalion webso
Contact
Please feet ltee lo~ r"'111
lt11p://\\~, w.hf" -luw.com/hfwpagcs/bios/panno:rslhioD _ I :bmcicr. him I 611512009