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Home My WebLink About2009-11-16 (Regular) Meeting Agenda PacketCall roOrd r. 2. Im oca lion , 3. Pledge 01 Allegiance . 4. Ro ll Ca ll, Agenda for the Re gular Meeting of the En glewo od Ci ty Council Monda , o ember 16, 200 9 :30 pm Engle,,ood Cr,1c Center -Council 0.ambe,, 1000 Engle-,ood Park ,a, Engle,,ood co 8011 (1 5. Consldera 1ion of Mi nut es oi Pre, ious Sess ion . a : ··,ures from Ihe Regular Cil) Counci l Meering oi o, ember 2. 2009. b. Crt) Council R cognI11on and S\\ earing In. 1, Comments and recognition 0 1 families and or guesrs bi· lht> depa rt ing members of Orv Council. 11, A loken of appreciation , •• II be gl\ en lo departing GI} Coun ii Members 111 The MayOf \\ ill ask rhe Cit) Oerk lo announce rhe statu 01 rhe election I\ CII\ Council will make a de1erm1nabon 01 the election and qualiricauons of ii~ m mbe~h,p , 1 . Th~ ne,, Cil) Council o\l embers "ill be S\\Orn m b, rhe Honorable Judge lncenr Atencio . 11 . Brie r Reception . v11 M mbers of Clry Council are seare d (I n rem pora ry spaces) and rhe Mayor asks rh e CIJy Cle rk to ca ll th e roll oi City Co un cil Members. The Mayor "Ill rh n decla re wherhe r a qu orum is pr ese nt. Nt•,1•111• unu• II \·OU hJ,r ., d1s,1b1t1t~ ,1,id nppd dU\1h.:H\ ,11d<-or St'f\1L e!o , ple.tSt-rn>III\ du, r,1, or lr1glf',,nvd i lOl""b~·~•lt1 51 ,11 INsl -18 hour o, ,1,1~.mtfl of ~,ht•n s,rl\1ces .tre needed Eng lowood C11y C<XIIICII Agenda Novembef 16 2009 r age. Council Member Jefferson 13 City Managers Report 14 Crty Attorney's Report. 15 AdJournment 9 32 p m fnglet\\tkHI C1" t.·01111t,1 "r.1•nd,1 ,m rmh,~, Ii, ~lXlq f',t,tl• ~ , 111. The \1c\\ or t J11S> ,or "ommau on, 1or Ma\ or "· The Ma, or a,sumes Ih~ Chair ,,nd calls ior nomInaIIons Ior Mayor Pio Tem . ,. Permanent seating assignments are SI\ en. xo. Recognition 01 1am1lies and or guem oi the new Members of Cit\ Council 6, Recognition of Scheduled Public Comment !Please limit 1·our presentauon 10 ten minutes.I 7. Recognition of Unschedu led Public Comment (Please lim1I you r presenIaIi on to five minutes. Time for unschedu led public commen I may be limited to 45 minutes, and If limited, sha1I be continued to General Discussion.) 8. Communications, Proclamations, and Appointments. 9. Consent Agenda Items. a Approval of O rdinances on First Reading. b. Approval of O rd inances on Second Reading. Council Bill tso. 52, supporting an application for a Special Opportunity Granl from Great Outdoors Colorado for Duncan Park dt'\ elopment c. Resolutions and Mouons. 10. Public Hearing Items CNo Pubhc Hearing Scheduledt. 11 . Ordinances, Reso lutions and J\ totions a. Appro, al of Ordinances on Fim Reading. b. Approval of Ordinances on Second Reading. c. Resoh llions and Motions. i. Recommendation 1rom the Human Resources Department to appro\'e a resolution selling the list of l){!rsons eligible for appointment as hearing officers for disciplinary and me~il appeals for the Cit)• of Englewood. STAFF SOURCE: Sue Ea ton, Director of Huma n Resources. l"\foo1se note, tf ,ou h,1\t ;1 dts.,l,.l,t\ imd nttd .lll'-tllil1' .11dsor Wf\1ces. ple;,1~· not11\ the Ot\ 01 tng~,ood ,JOl-:"'62-240S l a1 le-H1 48 homs in ,uf,,1nct" oi ¼lwm S~l\·lcts Are needed I 1~.\1110d l,n Comdl ",t•'fld.t \.()\entl\H I~~ f.11,;1 Rffommend,111on trom die Hum.in Rl>Sour< ~s Oepar111w111 10 apprO\ e. b\ mc>!lon 1he appomm1en1 01 ,l hear,ng omcer 10< a d1sc1phnal\ appeal filed b, Oa\\o1 Orona STAFF SOU RCl:: Sue hlo n, Oirl'Clor of Human Resources. m. Recommendauon 1rom lhe C1l\ \lanagers Oitice 10 apprO\e b-. mobon, Amendment , 1 10 the Ameresco Technical Enerll\ Audit to pro, ide for lhe in,estiga11on. design. de,elopment. and 1mplementat1on 01 Photovoltaic !solar) s,~tems at unous C1l\ tacthlles. STAFf SOURCE: Michad Flaherty, Deputy Cit) Manager. 12. General OrscusslOII a. Ma, ors Choice b. Council Membe~· Chou:e. 13. Cll\ Manager's Report 14. Gty AtlOme\'S Report 15. Adjournment f'lt-as,p note-It ,ou h.ne • ~f\ .-kl nt!'t"d !lU\111,\r\ ,11d!. o r *"'"t>+. J!ki.tY hClllr\ lh,. Cm 01 [nJdf'\u1ocf lO). -&l.J,1()51 .u le.lSI -i&hours"' .ad\.MW:.-Ol •hffl tifnl('e-;. .arp M'f'dE,d • • Call to Order ENGLEWOOD CITY COU NCI L ENGLEWOOD, ARAPAHOE COUNTY , COLORADO Regula r Session November 02, 2009 5a The regular meeting of the Englewood City Council was cal led to order by Mayor Woodward at 7:34 p.m 2 Invocation The Invocation was given by Council Member McCashn 3. Pl ed ge of Allegl anco The Pledge or Allegiance was led by Counal Member McCashn 4, Ro ll Call Present Absent A quorum was present Council Members Jer.erson, Moore, Penn, Oakley, McCashn. Wilson, Woodward None Also present City Manager Sears City Anomey Brotzman Deputy City Manager Flaherty City Clerk Eltls Deputy City Clerk Bush Director Gryglewlcz. Finance and Administrative Services Director Blacil , Parks and Recreabon Director 'White. Community Development Economic Development Coordinator Hollrngsworth. Community Deve lopment Director Long . Library Police Chief Vandermee Police Commander Condreay Community Relations Specialist Geier. Police Police Sergeant O'Connor Police Officer Fieger Police Officer Kunsl Police Officer Taylor Recreation Services Manager-Operations Hultberg, Parks and Recreabon 5 Consideration of Mlnutff of Previous Set1lon (a) COUNCIL MEMBER PENN MOVED , AND COUNCIL MEMBER McCASLIN SECONDED, TO APPR OVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 19 , 2009. • Mayor Woodward asked ii there were any comJCtions or modd1cations There were none Vote resulte: Ayes Council Members Penn. McCaslrn Moore Woodward. Jefferson Wilson. Oakley Nays None I l f I Englowood City Council November 02, 2009 Page 2 6 Recognition of Scheduled Public Comment • (a) Police Ch,el Vandermee said good evening Your Honor and members ot Council this Is the tm,rth graduallng class ot the Englewood Police Department CIllzens Academy Th,s ,s something that we started shortly alter the reorganization and the separatoon ol the Safety Services and part of the marketing strategy 1f you will, for the Police Department and that is part of the community pohang that you hear me menuon quite often To date and 1nctud1ng tonights class, there are 78 members of the community whO have graduated , part,cipated 1n the Citizens Academy Th,s particular Academy was 9 weeks and gives the c1lIzens an opportunity to not only get Information from but part1c1pate ,n, just abou t every aspect of the Police Department and Its organization, Including fireanms traIn1ng we have a simulator we don't g,ve them guns and send them out there but I'm sure that they would have hkl"l that and there are some reslnctJons Nor do we let them dnve the new black and whites they get to do that In th.: somuldtor as well Of the 78 graduates. t think n 1s worth noting that 25 of those have gone on to become very act,ve volunteers .. not only ,n the Pohce Department, but for the C,ty. They volunteer with the Neighborhood Watch Program, the walk to school day and the safety programs ,n the schools. self-defense classes, CERT and I would also hke to mention that there ,s a number of them , Including one ton,ghl that are City employees ,n other departments that show an interest ,n the City and as a member of the community ,n parlJCtpating finding out what goes on ,n other departments Tom Geier ,sour Community Relations Specialist and these classes we would not see near the level of success, and Tom I don't think knew I was going to say this, but she has to be congratulated as well for putting these together, countless hours of preparation, coordinating all the Instructors All the Instructors for the 9 weeks are members or the Police Department Detectives and the traffoc team ,s here tonight ,n support of Ton, and ,n support or the C1l1zens Academy So this is an organizahonal kind of an event and 11 1s very pleas,ng to me as the Department Head to see the level of part,c,patoon on the part of the community So wrth that and at this point. I would like to in troduce the graduates of the fourth Englewood Pohce Deparlment Citizens Academy . As,. call your name 11 you will come up and receive your certificates, please First Is Joseph Altken, John Brick, from t Ut11111es Department City employee Tom Chesher. Josh Gregory, Polly Hunt, Debbi Jackson. Willa Jones. Marti Mullane Dena Newkirk Is not here but accepting on her behaW is one of the other graduates Jess Olsen, and this ,s another one where we had a husband and wife partiCIpatmg so she ,s accepting f or her husband Peder Olsen Laura Schott, Roger Shoop, Lee Ta1sarsky, Kevon Trufillo, and Barb Walker There was applause after each graduate was introduced and received their certificate Chief Vandermee said .once again. thank you Counc~ for your support with the program and for allowing us a few minutes to give these people some well deserved recogmtoon and we will be back 1n May wrth the ldth Academy graduation Thank you There was af'plause Mayor Woodwa rd said I just want to add that this ,s a real sense of the community that goes on ,n Englewood as far as the C111Zen Academy, CERT, Neighborhood Watch tt ,s all starting to come together mo,e and more and ,t just reinforces our sense or community So. congratulatoons for your parlltlpatoon and the time II took and what you are domg for our CO!lll"'unrty which strengthens 11 Thank you There was applause. (b) Je~n LrlsmeIster. an Englewood resident said good evening everyone Thank you for letting me &1dress you ton,gt.t I am here tonight I've owned a home in Englewood for 13 yeats and I am here to commend 'le Code r ,torcement people They are always professional I always see them patrolhng and I see them place warnings on 11. rhors of people's houses They are a good team I'd also hke to commend the Police Department They are a ,cry gOC' J very good Police Department I have lived in LA, San Diego, and San Francisco and I have dealt with police det•·irMrils This ,s a good one. I also, at this time, would like to commend the Fore Chief, because he has ti).> firemen work out at the Rec Center and for those of us who watch them work out. 4 IS a pleasure There was laughter To move on, the reason I am here tonight ,s 1n the 13 years that I have lrved ,n Englewood, 11 has changed And I would hke to address Ute idea of an overview of what I see of Englewood, but then a spec•fic1ty my block I have a handout that I am gomg to give to you who do I hand that to? She said ,s one of you Leigh Ann? Leigh Ann rocks In the Cit y Manager's office Okay, this handout that you are seeing ngh. now this ,s a handout that 1s the beg1r.n1ng ol the address,ng I have ol the issues Englewood has changed Wh I look out my bac~yard, across my alley, thrs house and this house of those two houses (pointing to the handout) consututes 4 p,t bulls When I look out the front, this ,s what you see that ,s directly across the street from me tt is rather a n,ce hltle house My lnend lived there and he fixed 11 all up, but then s~id ,t and the renters, who now rent • • • Englo wood City Council November 02. 2009 Pago 3 lhere have 7 of these trash cars The ones you are looking at right now are . 2 or lhem are inoperable and Code Enforcemenl gives them warnings all the lime There are 3 ,n the back yard You will notice one of these In the front of the 4 ,n fru,nt taking up all the park,og space os a hearse Every day of my life I see a hearse across the street The people, these people, the man who loves there he dresses like Etvis I don't know what that ,s about the greasy hair and tattoos and Elvis And I lhonk rt s a genre catle1 Rock-a-BIiiy And then rt leads to this car th in g. they are ,n IOve wI1h these cars I have a Masters Dl'gree in theatre and I love costuming, but there are only two places for It . on stage and at Halloween Anyway, this man has a costume on every day of his hie and he's got this car thing going down I don't know what to do about the fact that these people don't care They don 't care They don't care what they do They don't care about these cars We the cI11zens who do follow the Code we woll keep dou,g il We will. we won ltve our ,ntegnty yes, we won keep berng good citizens, but we are getting bitter We are gelling brtter The pot bulls and tl>e constant barking dogs and the reason that I'm here ,s 10 talk about how Code Enforcement is being undermined They are being hobbled or sabotaged or muzzled or whatever words you want to use. but these people are being sabotaged They g,ve warning , after wa rning. after warning, after warning What we need l o do is give a waming and then nail them with a summons that make them hurt ,n a big way fonanc,ally The warning and the wamIng and the mollycoddlongs afraid that we w,11 perhaps offend them. they offend me every day of my bfe I am now gong to hand out a second handout and I apologoze Thos os a very bad p,cture, but n was from last night where one of the fnends of Mr Elvis puOed up with a big pickup and had ,n the baek of h,s large trailer, had his brand new crap trash car to show his fnend You will notlee when you look al 11 thal one of the ugly cars on the left Is one of his 7 11 is parked ,n lronl of my house so that my friends and fami ly ca n't park In front of my house because they're J>arked ,n front of my house But lhen you'll note that lhe Elvis boys. they're all dressed alike You can see that. yes. okay The Elvrs boys are sland1n9 there fondhng this car They are looking al ,1 and they are about 15 minutes looking at this car The trailer ,s bk>ckrng Washington Streel blocking my driveway and blocking the driveway of my neighbor They look at th,s car and fondle 11 for about 15 minutes and then they leave They go In his house and to lhe backyard to fondle more cars back there leaving a rig in the middle of South Washington Street lor 20 minutes They don·t care They have no c111zenshlp. That ,s why I am here. You will also note, I just have to say th,s, you will note, forgive me for lhe very bad quality of these pictures on this page, but the house to the left i f you will notice ,n !heir driveway nearest to you. to your eyes a normal car, but beyond that, hard lo see, but tt ,s a ~ttle green Studebaker Thal lltle green Studebaker was parked there , mperable and has never moved the 13 years that l'Ve lrved., my house I've looked at that Studebaker every cay for 13 years How many years ,1 was there before I bought my house, I don't know But I think that these !)e()ple are moving more and more 10 Englewood and th,s car thing has three households on my block who are now doing this car trash thing . One of the COde Enforcement officers told me there rs a guy down the street who owns 12 of these crappy cars taking up all the parking It has Just got lo change Am I disgusted with Code Enforcement? Not at all, they are Just the nicest people They are lrylng, but this warning and mollycoddhng, so I am here and I Just ask ,s tt the Ci1y Councll who doesn't lei them get tough? Is 11 the Ci1y Attorney? Is II the Mayor? Whoever ,s keep1n& 'hem from doing a hard ~ne . I1 os affect,ng our Crty They need to be able to give a wor1d of hurt lo these people I,,. thinking lhal, I love ducks by the way. and if were to say, I want lo have 5 ducks in my backyard . I wish I could have 5 ducks, I love ducks Gosh ducks are great I couldn't do It, could I? I can't have ducks In my backyard But the p,t bulls are everywhere These terrible car trash cars are everywhere And so. I guess what I would hke to say. ,s thal I'm heartbroken I f,naiy bought a htlle house I finally own a htUe house with hardwood floors and I'm really proud and my p,operty value os really on trouble because would you buy a house wrth a hearse across the street should I ever to choose to sell I am heartbroken and you can tell that rm angry Wh at I would toke to say rs that I come he re with respect, but my message ,s a pass10nate one I want it to be passionate I want 1I to be a strong message to catalyze strcr,~ action Let Code Enforcement gel awful ugly wllh these people Thank you Mayor Woodward said thank you (c) Jackie Edwards, an Englewood resident. said good even,ng Thank you for this opportunity to speak thi s evening I'm here to talk about Medical Mariiuana. also known as Medical Cannabis, whole Eng lewood's moratorium on dispensaries Is In place I am a chronic pain and illness pahenl and also a patient advocate To avoid Englewood s involvement m cosily toI 1ga110n. I would like 10 see the moratorium extended until enough fac1s are gathered for the Coty 10 make educated and informed pollCleS Amendment 20 10 the Colorado Constrtubon was approved by Colorado voters 1n November 2000 and became effective m July 2001 8-1/2 years taler Englewood needs to gel up-to-date and deal mlelhgenlly with Amendment 20 ,ssues The people of Englewood deserve lo have educated and informed people drall,ng med ical cannabis ordinances and codes Medoc~I cannabis Is a Englewood C lly Council Nov ember 02, 2009 Page 4 • legmmalc medtCal field The way !hat Nancy Reid verbally 1nIerpreted Amendment 20 made a bungled·up mess of lhe Amendment I'm refe rring to the C1ly of Englewood's webs1Ie audio record ing of lhe SepIember 9, 2009 Plano,ng and Zonmg Comrrussoon meeI,ng She aealed a s1tuatoon where lhe Comm1s510ners had 10 listen 10 her personal, preIud1ced al!ltude for a hatt-hour without her acluany presenting Amendment 20 01 its facts That Is eg regious and complelely irrespons,ble II only lakes 15 mInuIes lo read ColOrado's Amendment 20 and the applocalJOn forms f01 medoeal maniuana Amendmenl 20 was amended again lhen 01 probably. I guess, for lhe first time, ,n July of this year and went into effect Augusl 30., of lhtS year lo try to clarify the primary caregiver issue and 111s sltll really confusing For ln slance, there ar .. many kinds of caregivers . Not all caregivers grow or se ll medoeal cannabis Some are home heallh workers who are auth011zed to ptcie up medicine 101 their patients Others may grow the med,c,ne with or without charge to their patients Some caregivers are parents of minor patienls and may or may not grow medIc1ne for thetr minor child. The re are caregivers who have put their own lives on hold 10 care for aging parents The<e are people In nurs,ng homes that need a caregiver to access medicine lor lhem Why Is Englewood requInng l,cens,ng for primary caregivers when these caregr.,ers are not necessanly growing or selling medical cannabis? Why on earth does a parent or a home health worker, neighbor, friend, or relative have to be licensed by the City lo merely acquire the legal medical cannabis on behalf of a legal patient? Ord you think you were l,cens1ng only commercial enterpnses? The purpose of idenllfylng caregivers on Colorado s Med ical Manjuana Registry is to protect the caregiver, sh ould the caregr,er be detained or arrested by pol,ce and need to prove thetr leg itJmacy The Reg1slry is confidenttal If you read Amendment 20, you will see that You are try,ng to force caregivers to waive their confldentiahty protec:IJon under Amendment 20 of the Colorado Constitution or else face penalties. No one ... no City has the nght to do that Whal Is a city that requtres parents to be l,censed to provide a legal drug or medical treatment for their children? Or to requ ire an in itial S31 5.00, lhen a $250 00 annual fee from caregivers who legitimately serve their patients, but do not grow or sell medical cannab,s? That's not eve n sound thinking Nor does II uphold the health and welfare of anyone In any way In fact , that pol,cy further penahzes some disabled people and Is d1scriminaI0 ry Do you reqwe hcenses for careg ivers who pick up and deliver other legal medtCtnes for lhew pa~ents? Has Englewood Interpreled Amendment 20 to mean thal au A pnmary ca regivers are growers and/or dispensers? Thal Is an ir.correct assumption Legally, a patient may eve,w grow their own medicine Since pat,enls are allowed only 1 primary caregiver at a lime. there Is no way to substantiate a requ11emen1 lhal all dispensary employees be caregivers That someone works at a dispensary does not necessarily mean they are a grower or a pnmary caregr,er Look al ~ this way when you go to the doct01 you want your doctor to be licensed However, the off,ce staff, cuslod1a l crew and olher support personne l are not generally l,censed The same applies to your pharmaasl Allhough lhe pharmacist ,s required to have a license. every emplOyee ,n the store does not have 10 be a l,censed pharmacist Med,cai cannabis Is a legibmate medical held and deserves to be treated as such There are a mulhtude of s,ck people who fi nd their quaht,es or life 11rproved by ,ngesl,ng med,cal cannabis Al drugs, even over-the-counter and o the< herbal remedies, carry nsks and lhe potential for abuse That does nol mean thal all people who use drugs are guilty of abusing them 01 lhal all drugs are bad Englewood needs to take lhe tome to undersland lhe Amendment and the consequence s of any 1ules the Cily ,nshlls The Amendment was wntten lo provide safe access lo medical cannabis by leg al patients and !heir caregivers The Information Enn dnd I presented ,n our study packet for you this even ,ng IS only a smaW sampling of th e enormous amount or to p,cs concerning medical cannabis therapy and the industry. Currenl news states thal medoeal cannabis IS lhe faslest growmg industry In Colorad,·, So, It Is proJetled to bring In substantial amounls of sales tax Because of this, there are resources that vartOUs, >lorado mun1C1palrties are bu1ld1ng togelher to make informed, sensible dec1s1ons For example, there is lhe l.olorado Medical Cannabis Pol,cy Group, of WhtCh EngleNOOd could be a part We could use resources around lhe Metro area and Slale for educahon about medical cannabis. Amendment 20 Interpretall0n and policy I would hke to propose that y,,u form an Englewood Medical Cannabis Task Force or Comm1llee The group would research. coordinate and address issues revolving around medlC8I cannabis busmesses and their impact on Englewooo neighbOlhoods. The •ask force or commlnee would need people from the public. the C~y and people who WOik on the medoeal caMab1s 1...:1, among others The tas k force or comm1llee would have to stay informed and educaled to be able lo progressively a.:tdress concerns or Englewood and Its neighborhoods , as relates to medical cannabis A process cou ld be organIied lhat would allow this task force 01 commI11ee to report regularly lo the City and olher interested parties One of the Planning and Zoning Co mm,ss,oners summed up the Amendmenl 20 top,c perfectly, toward the end or their October 20" meellng He said something lo th~ order of "the whole thing's a can or worms ' II ls Well said Particularly wh . important policies are to be made By using an educated and ,nformed poltey maloog process legitimate medtta cannabis pauents and their primary caregivers would be able 10 safely and peaceably access med,cme. according to ColOlado's Amendm ent 20 Legal medica l cannabis fac1l1ltes would be free lo peaceably run their bu sinesses anc serve the1• legal patients The Departmt:nl of Just,ce has declared there will be no more rards of dispensaries • • • Englewood City Council November 02, 2009 P,go 5 ,n states where medical mari1uana 1s legal We have the opponumty to be pohcy le3ders ,n our State and It would serve Englewood's people well by sc,zong thts opportunity In Englewood we have Swedish Hospital a top-notch trauma center We have a varie ty ol medical alternat,ve, Integrat,ve rellab1l1tat1ve . and health lac11it1es in Englewood We have Craig Hospital working with people who are disabled We have velerans and other cI t12ens who suffer with deb11itat1ng Illnesses and pain Many of the peop le frequenting these fac1l1t1es are also legal medical cannabis pa1Ients Are disabled peop le 1nctud1ng velerans who fought for freedom and their caregivers now an isolated targeted group in this City? It Is a bog mistake to have any pohcy that Interferes wItn legal patients' access to medicine People who are on foxed incomes and low•oncome caregivers do not have 11xtra money to buy expensive licenses to simply access a tega l drug Also legal patients may change careg,vers at any tome Are legal pa11en1S 10 g,ve the Ctty a few hundred dollars every hme they change caregivers 1f the new t.i1,19Iver ,s not already licensed? That places an undue burden on lhe legal pabenlS and their legal careg,vers v.n.. ~re not growon-or seUong miedocal cannabis Amendment 20 addresses and legaltzes the manufactumg, p<O'luctlO!l sale dtstnbutJon ~nd dispensing of miedocal cannabis Wouldn't ,t be better to place the hcensor.g burden,,,., these activities? Thank you God be with y01, Mayor Woodward and Counci l Memrer McCashn sa,d thank you (d) Consultant Erin Marcove said I wou ld like 10 thank Jack ie for her present,too,, 3'~ all of the work she has done to help get this presented to the Council and I know lhat ail of you Council memt>e,rs will have a big job ahead of you And I commend you for being able to take this task on This 1s not just a situation that is happening here In Englewood II ls happening statewide I have gone and attended San Francisco School of Medicine on cannabis medical therapeutics It 1s a continu ing educatron class, an accred11ed course that is for Joctors and for nurses to continue their educa tJOn they have to do so much education a year for their continuIn9 educatJOn and this is lhe only accredited course r,ght now Yale and Harvard and everyone else hasn't really jumped on board yet But there ts an 1ncred1ble amount of 1nlormat1011 out there that cannabis is medicine and I am here today to try to explain to you and educate you on the necessity and the need to have sale access I have als. been working with the Policy Group, and have been th,s 1ust came oul loday at 4 o'clock from the Cannabis Therapy lnstrMJon. and ,t ,s a I didn1 have time to make a copy and I apologtZe because 11 came out at 4 o'clocl\ I would like to p,esenl all of this and I don't have cop,es for everybody because I didn't have enough mk or paper afte1 getting everything printed And there 1s also a dra't 1n here of a Colorado Medical Cannabis Patrent and Careg,ver Protecbon Act that they are going to be submrtt,ng II JUS! came out today So, I personany have nol had a chance to read rt Jason Larve, and the people lhal are on lhere. are all part of th e Com,nottee and I would like to submit these to you I also go around and I review all the d1spensanes And I also go around and I interview the doctors, because unfortunately In every field and In any part of life, we have some pretty bad people and they like lo lake advantage of our situation And, unfortunate ly, we have had some doctors that were signing on patients they thought they were getting a legitimate doctor Iha! was prac ticing medicine In lhe Slate of Colorado He signed on 500 patients , charged them $300 00 for lheir appo1ntmenl and lhey got denied by lhe Registry because this doctor did not have a ::cense 10 practice me<licme ,n the Stale of Colorado Now he Is AWO L and all these patients that had I personally referred two of th~m Being a consultant on this business, it makes me heartbroken that now I have lo go to th ese doctors and say, show me your number I need 10 know that you are a tegIllmate ooctor when I consult people I consalt people from the time when they are JUSI getting interested , when they are 1111ured, Iron people that are coming back from war the Post Traumatic Stress Syndrome that IS huge Israel tor 15 years has been treating the~ soldiers with Post TraumalJC Stress Syndrome with medical cannabis And that has been done ,n Israel for 15 years There is another huge part to the whole caMab,s that we don t even real12e and 1t 1s a n 1ndustnal crop I spoke at the Cannabis Health Faw lhal was up ,n Boulder and CU ol Boulder and I was the speake1 about cannab<s and heatth and how cannabis Is related to our brain Our brains make cannab1no1ds and they make te,penoids all on 11s own It IS a natural pa in blCICker, JUSI like dopamme Our brams make dopamine all on 11s own as well But when we get all these prescnpllonal drugs 1n us thal ?•e preventing our brain from producing dopamine, that bra in becomes very rehed on that drug The cannab1noids, the cannop1no1ds and the lerpenoids are lik1 the 011 1n our brain They help lhe brain function and lhe neuro-transmIssIon system gel 10 lhe right systems It has been known to help Alzheimer's disease II has been known lo help cure cancer In the lungs They tned to do a study lo see If 11 was going lo create lung cancer and ti act ua lly decreased a tumor In the lung And I have all this 1nlorma11on and have given you a lot of 1nlormat,on to read over and I hope you all have had the chance to read over II I do have a lot more 10 present 10 you because I am teaching and I am going around and making sure that these d1spensa11es are l0Uow1ng the law because l'lere ,s no governing agency When I called lhe San Francisco School of Medicine and I w~nted to know 11 ~ wa• n~,1y 11 I called myself a Englewood City Council Novem ber 02, 2009 Page 6 • Cannabis Medical Therapeutic Consultanl, It ,s kind of long and lhey sa ,d, you can call yourself whalever you want Enn. !here 1s no governing agency WeU that ,s the problem here We need to set up some governing agency for !his panicular medical field And when t was talkmg lo a doclor 1ust last week and I was inteMewing him and I said you know all that I m tl}'1ng to do 1s make this a legitimate medical field And he says. well 1t is I said yeah by my terms. by your terms but not by the general pubic We are being d1scnmina1ed agaJ11SI now and we a,e going 10 have to be paflng extra tax. w•11ch I think 1s a way unfair tax Ano " IS also commg borderline breaking HIPPA laws These palients have !heir right to the~ pnvacy and lhese careg,v,rs We've had caregivers this 1s a homfying story and It's true a caregiver had med1c1ne ,n her home. she was broken Inlo, her oldest son was !here and they tied him to l he ~ha ir and lhey poured gasoli ne on his feet And she was lhreatened if she drd not give up all o f her medlcme, they were going to light him on fire She gave up $3.000 00 wo rth of ~•r med1cIne And filed a police repon I don't know what's come of It. ,rs been new. I deal with the Police Departm .: as well I've dealt with Park County and have educated Park County Police Department Captain Billy Nagel ,he V,ce Squad of the Denver Vee Squad Is a friend of m,ne who came up to me when I spoke at the public he ._, ' ~ Health Hearing and I said you know~ Is really great lhal you want to change all these laws, but hav~ ,ou fe,en ":Onsufled the law enforcement? Because you are mak,ng their JOb a whole fol harder and you are !real -·,g al lhC'5< pabents out They had 500 palients s~bng in a room lhal could hold only maybe 300 and lhey couldr. , ~11e11 sup, 'Y and get everybody there And then they had !heir big heanng In July and had how rnar,f people show 1.. The, shll dtdn t come to a conclusion Well. you are nol going 10 come lo a conclusion p,obably In 2010 either . o .caus• It Is an elect,on year Bui It ,s an extremely important If sue that you don't take these cannabis patients, \r~ ,,1,~r,ts tha1 are cons idered marijuana users. I hale that word, because ii Is a derogatory slang word for a pla nl 11 ,s like when you call a chrysa nthemum a dai sy There was laughter Seriously, because a chrysanthemum is the botanical name canna blfi Is the botanleal name II is the only plant one, there Is only four plants 111 the emire world that grow In every single region and zone of the world , ~nd cannabis 1s one of them What does lhat tell you? Why Is that? Cannabis 1s medtcme ft 1s Just an herb JuSI ,,ke a poppy plant Well a poppy plant makes heroin, but It Is not dlegal to grow l\nd why IS~ not ~legal to 3ro,t/ f.ecause you have 10 know how to extract the heroin • properties 001 of n But 11 also makes morphine So. evety s,ngle herb lhat we have In our backyard, that surrounds us will heal us 11 we know how lo ext111ct and use ,t nght Anyway every way you ex1ract. "' any extract10n process ing of cannabis. there IS no harmful melhod You can extract the glycenn tinctures, which Is actually he lping d1abet1cs get ;,'f their d1abelic med1cme and lhat again , It 1s also a huge risk for diabellcs as well , because they can actua ll y tah :heir glycerin level and save a patient I had a pat ient 75 years of age Most of my pa lients lhat I take care of are ,n nu rsing homes and they are 1nd1gent patients I also run an indigent program of 1ry Ing l o get some of lhese d1spensa<1es 10 become compassionate dispe nsaries They donate me medicine they will donate me edibles of whatever t~ey can affOfd You will be seeing mDfe of me , because I will be possibly speaking at the next hearing because there ts a 101 that 1ou need lo learn And I will be presenting a fol more information to you so hopetuny you v.,u be able to educate yourself and mako a sound choce for the people of Englewood Thank you very much for the opportunity, Mayor and Councd members to p,esent my work to you Anyway that I can help you form a comm,uee that needs to be I will be more than happy to help Th.:•k you very much Mayor Woodward said than k you Recognitio n or Unschodufcd Public Common ! (a) Colleen Mello. an Englewood resident, said I am here representing the Englewood Chamber of Convnerce and I would kke to thank you for an tho sponsOfsh,ps lhal the C,ty has ~,ven the Chambef We would lfke to request $1 000 00 sponsorship for our Holiday Pany, which will be held on Li '<".embef 8., We WIii llOI be us,ng the sponsorship thot was requested for the Service Club Lu~ on ~I this hme '1• have deaease<'. our request from the Cdy bf $3,500 00 which ,s aoout 28% And nex1 1 •,e are try,ng to Ot:, Jse the sponsorsh,ps also considering the budget and everything that 1s going on And t, Mayor Woodward said I'm sorry . I didn I hear how much you were as, , for Ms. Mello said $1 ,000 00 sponsorsh ip and I handed everybody a teller on the request She said tha nk you • (b) Eta,ne Hults said !hank you for the opportunity of speaking w11h you thrs evening I really need to dnect my commeni 10 our current Ma yor Woodward concerning the EngleWOod Housing Aulhomy Board of Commissiooers , I believe he ,s a membel of this Board I wasn't at this partJCutar meeting, but ellldentty lhefe was • • • Englewood City Council Nove mber 02, 2009 Pa ye 7 a dec1s10n IhaI was passed 10 make a dt¥1S1on between Ihe lwo bu1td1ngs IhaI are senI0I buildings currenlly ,n proodures and disabled people namely Orc hard Place and S,mon Genier My undersIand,ng ,s IhaI Simon Genier w,11 become a sen,or only racol,ty and the center at Orchard Place w,11 become a d1sab1l1ty center and also that lhe people who are taken Into that bu1td1ng will have to be respons ible and provide the care thal they need to access or to come in there as a tenant tr t am rr~orrect, please correct me on th is, but this ,s my undersIandIng or what I have read Nurrber one these rac11tt,es are subs1d1zed by HUD which ,s a redera l agency According to HUD there can be no doscnm,nallon. tt's simply with everythins else. against race . sex . rehg10us aHil,allon , color or your skin There can be no d1scnm1nat10n ror anyone who Is disabled They should have the same opportunity 10 choose where they ltve ju hke anybody else This ,s my understanding or HUD That Is point number one II I am ,n error ol lh1s. I would appreciate a conecbon on lhos. because so far when I go into the web. when I go onto the web on Denver to look about theor housing srtuatoon. everything Is very, very out there When I look at Awora d IS out there When I look at • lewood on the web I see one face page no onronna11on So I am coming lo you ror that explanaltOO Then I he anothe< po<nl to put lo you and this Is from the HUD Federal Registry Volume No 110 commenlong about the ... ~ or an assooat,on or an organization of tenants within these facihltes II specifically states that this ,s an independent asSOC1at10n that Is meant to be more or less a checks and balances w,th ,11anag~ment We have a problem at S,mon Center ar,d the Simon Center that I have been trying to correct this problem. I get letters back from the attorney th at represents Englewood Housing telhng me that our current President or the Assoc,at,on. although HUD says th is ,s an ,llega l organIza t,on because of th is. has bee n acting a~ both Presi dent, secretary. treasurer and whal was the ~ther one .. I th ink that was It.. for a period or time until replacements came forward, We have a Pres ident who has been in office now for over a year. who is an employee or Englewood Housing. I was told by Englewood Housing that she ,s not a direct employee that she Is an agent under contract. I got a copy of the contract to see what her duties were And accord ing to HUD, It says r,ghl here let me get that page according to HUD ,t even menttons that no employee or agent. does not have the nght to even attend a meeting let alone hold offoce unless they ar e invited in to perhaps present an issue Th,s has been an ong01ng problem "°" and we have a problem because our President seems to feel that eve<y decision that os quesbonable or any dec,i, ~n L~al we wanted 10 do or any processes that we wanted to do as an orgamzat10n. needs to be venf.ed t U,e Adm1mstrator And the Admonostrator. of course. Is hored by management and sllould actually have no concern wrth anything that IS 90mg on or any decos,ons that we make as an orgamzat,on I bnng 11115 to you. these are the problems. And I also resent a.nolher factor. There ,s representat10n or only one person. although we have two buddings and I would say we have about 250 tenants. and the representaI10n IS always from Orchard Place I have studied everything that HUD has to offer and I have also studied the manual that d<rects management and how they are supposed to respond to tenants as well as tenants to management And I don't see where an elected situat,on Is a good representat,on 1, any case , I don't care what level II Is Furthermore there is no represe ntalton from each bu1tdIng equally And I also feel that there should be no representalton from anybody who Is on the Council at Englewood Hou sing Adm1nostrallon, That should be purely somebody who can really be object,ve and understand th e siluat,ons that are Involved Than k you for your t,me Mayor Woodward said I.hank you 8 Communications, Procl •malions and Appointments (a) An e-ma• from Nock Panetta ind,caltng his res,gnal,on from the Alliance ro, Comme<ce ,n Englewood Commo.5s,on was considered COUNCIL MEM!:lER Jr.HERSON MOVE D, AND CO UNCIL MEMBER McCASLIN SECONDED, ·1 0 ACCEPT THE RESIGN A PON 0 1' NICK PANETTA FRO M THE ALLIANC E FOR CO MMERCE IN ENGLEWOOD COMMISSION. Council Member Jefferson said I wou ld just like to comment that I am so,,:· lo ,ee Nock go He was a very valuable member of ACE ~nd we than k him ror his service to the communI11• Mayor Woodward said I wou ld also like to comment Having not ooen a member. but havong allended ACE meetings going back to 2004 N,ct, was a very valuable member or ACE and had a lot or very good InpuI as a banker and as somebody that has been involved In business In the Englewood community ror some lime He 1s 90In~ to be basically sem1 ,ret1red 0< spending part of his ltmi! at home so we w,11 miss horn Englewoo d City Council Nove mb er 02, 2009 Page 8 As there were no add1 ,1 onal comments , Mayor Woodward called for the vole Vote resul ts : Motion earned . Ayes Council Members Penn , McCashn, Moore , Woodwa rd, Jeffe rson , Wilson, Oakley Nays : None 9 Con sent Ag enda (a) Approval of Ordinan ce s on First Reading There were no add1lional items submitted for approval on first reading . (See Age nda llem 11 ). COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I) and 9 (c ) (I ). (b) Approval of Ordinances on Sec r 0 d Reading (i) ORDI NANCE NO. 49 , SERIES OF 2009 (COUNC IL BILL NO 50 INTRODUCED BY COUNCIL MEMBER McCASLIN) • AN ORDINANCE AUT HORIZ ING THE PURCHASE OF TEN UNI DENTIF IED SINGLE-FA MILY , VAC ANT, FORECLOSED PROPERTIES LOCATED IN THE CITY OF ENGLEIVOO D, COLORA DO TO FULF IL L THE NEIGH BORHC'OD STABILIZAT ION PROGRAM CONTRACT BET'IVEE N THE COLORADO DEPARTMENT OF . LOCAL AFFAIRS AND THE CITY OF ENGLEWOO D, COLORADO . (c) Resolu tions and Mo tions (i) RESOLU TI ON NO. 79 , SE RIES OF 2009 A RESOLUTION AUTHOR IZIN G THE ENG LEWOO D PUElLIC LI BRARY TO IMPLEMENT THE ANNUAL 'WI NTER FOOD FOR FINES " PROGRAM FROM MO NDAY, NOVEMBER 30, 2009 THROUGH SUNDAY DECEM BER 13 , 2009 Vot e re sults : Motion ca rried , Ayes Council Members Pen n, Mccaslin, Moore , Woodwa rd. Jefferson, Wi lson , Oak ley Nays : None 10. Pub lic Hear ing Items No publi c hearing was scheduled be fore Council . 11 , Ord in ance s, Re solution and Motion s (a) Approval of Ordinances on First Reading (i) Director of Parks and Recreallon Black presented a recommenda tion from the Parks and Recreation Department to adopt a bill for an ordinance SU?porting an apphcation fo r a Specia l Opportun ity Grant from Great Ou ldoors Colorado for Duncan Park development. He said as you recall , when the City first purchas eA Duncan Park , and we 'll have the compte t,on of the purchase .. it waf a three year purch ase ag reement that will be• completed at the end of the yea r in 2010 .. Great Outdoors ColoraJo Has a funding reso urce for the acquisition of that property Their maximum grant amount was $200,000 .00, which we received fo r the purchase of the firs t parcel The Board of Grea t Outdoors Colorado has agreed to put toge tt.er a Special O~portunity Grant. Tha t • • • Englewood City Council November 02, 2009 Page 9 grant the maximum amount of the grant will be S700.000 00 whoch 1s a substanflal amount beyond lhe general maximum of S200.000 00 that they award each year They presented 1nforma11on to the agencies and munic1pal1t1es that were eltg1ble for subm1t1ed 1nforma1Jon aboul this grant and requested interest flom the agencies We submitted a proposal of interest There were 58 proposals rece ived and that was reduced to 17 and the1 dsked 17 agencies to submit grant applications and we were fortunate enough 10 be one of those 17 So, we will be submitting. 1n the first pan of December the grant application for the development of Duncan Park which will accelera te that development process by twelve to eighteen months We will be notified by the f,rst of April as to whether we are successful or not But we do believe this 1s a wonder1ul oppor1un1ty for the City of Englewood to develop that property at an accelerated rate beyond our scheduled pro,ect I'd be happy to answer any quest10<1s that you might have Mayor Woodward asked d lhere were any questlOllS for Jerrell There were none C".' •J NCII MEl;tBER McC,-SLIN MOVED, ANI' COUNCIL MEMBER PENN SECONDED, TO APPROVE AGCNDA ITEM 11 {a) {I) • COUNCIL BILL NO . 52. C., UNCIL atLL NO ~2. INTRr.DUCED BY COU NCIL MEMBER McCASUN /, &1LL F(11< AN ORDIN ANCE SUPPORTING THE GREAT OUTDOORS COLORADO GRANT APPLICATION FOR DUN • ,,i't A'lK DEVELOPME NT FU NDING ~• a1 >' 'N• .idward asked 1f there were any co mments May1.11 ,.,.od,vard said I would Just like to mentJon that. as a resident of DlstrlCI 3 and Duncan Park be,ng ,n D1strlci 3, and truly tt.e only pant 1n 01str1C1 3 Hosanna whlCh IS behind the high school, 1s there but there ,s these are athletiC fields There is no playground area No ea for small children to play m Going back, three years ago when we negotiated Wllh the school d1Stnct 10 buy Duncan Pant, did the Master Parks Plan and stuff thos IS dPfinrtely something that g,ves us the oppor1un1ty to foltow through on that plan and leverage our funds while we are d01ng rt So I will be vobng yes and very suppol1lve of moving forwarrl for that neighborhood and for all of D1stnct 3 Councd Me.nber Wdson satd I also applaud lhe efforts of Parks and Rec because of how you go alter au of the grants, and the wnting or them D11ector Black said believe me. d there 1s money out there. we want 1t Council Member Wilson said you know how I love free money I appreciate all that you do an d to keep on board with this .nd lo keep •vatch,ng out for those funds And tell your staff that helped Mayor Woodward asked of there were any other comments There were none Vote results: ·,on carried Ayes Council Members Penn Mccaslin Moore Woodwar<I Jefferson, WIison . Oakley Nays None (bl Approval of Ord,nances on Second Reading There were no add1t10nal items sublmlled for approval on second reading (See Agenda Item 9 • Consent Age 1 ) (C) Resolu tions and Motions (1) Ma1o r Woodward said Deputy Coty Manager Flaherty will present a recommendat10n from the City Managers Ottice to adopt a resol ution approvi ng the Animal Shelter,ng Agreement with t11 e Platte Valley Humane Society Mr Ftaheny sa id t actually have two Items tonight companion reso1u11ons 1ega1d1n;i the agreements with the Humane Society of South Pl aUe Valley The f11st 11em. as Mayor Woodward ment10ned ,s an agreement for operat10ns of an animal sheller You may reca ll it s been ele ven months since the coun placed the oper at10ns of Englewood City Council November 02, 2009 Pago 10 • the ColOrado Humane Society under the ausp,ces of a cus1oct1an In the past 11 months the efforts of the custodian, ,n addition to mamta,mng the existing sheller that's housed on City of Englewood property, has been 10 resolve the ,ssues that were outstanding with the Humane Society with regards to the charges that were brought'" the 1mt1al ,ssue . the In itial court action that led to lhe placing of the Society under the ausp1rcs of the custodian Atter several months. the custoct,an's intent has become clear ... Iha! it ,s his Intent, due lo some legal and financial constraints, that the opportunities for spinning the operations of the County Humane Society off to a new operator or a new board of directors Is not feasible and the Intention of the custodian al this polnl In time, as I mentioned to Counctl at the last Study Session, 1s to sell the name of the Colorado Humane Society and other related assets. but not to continue operations of an ammal shelter Over the pasl several months, the City's staffs, of the cities of Englewood and LrtUeton. have worked with the custodian and with other interested parties ,n llymg 10 find an allernative solubon for animal sheltering for our two crties. as wel as the surrounding communrties Mr Nici< Fisher, who has tw,ce presented to Crty Counc,t. h8$ stepped fOtWard and established a new non-profit organizaboo wrth a run board of directors, the Humane Soctety or South Platte Valley In h,s presentations to Counclf prevlousfy, Mr Fis her ouUmed the status of h,s operabon and the fllSt agreement tonight is the aciual agreement for animal sheltermg. At Study Sess10n, Council was presented with the Littleton agreement, whlCh the City or Uttleton has approved There are some changP.s In this agreement, however, you·n find It very slmUar to the Lrttleton agreemenl It ,s a one year agreement wi r the potential for extenS10n of lour additional years The annual rate 1s $50,000 00 for services, which Is very slm1J3r to the current rate that we are paying Colorado Humane Society actually that rate is about $46,500.00 We also have add itional expenditures related to the fac1hty thal we own Council mentioned a rew things last time. at the last Study Sess,on when Mr. Fisher was present. mcluding ,ssues related to reimbursement or funds for the City In the event lhat the Humane Society did not perform. Those have been incorporated ,nto the agreement We mad~ some changes ,n the insurance p1 ovls1ons, based on the 1nstruct10ns or our Risk Manager The rest of the agreement remains relal ively similar The Issues ol lOcatlon or the Humane Society fac1hty, ard approval by the City of that IOcaUon, are addressed ,n the second resolution , 11 (c) (n) If you have any questions on the IM1al agreement ror sheltenng services, I can etther answer those or Mr • F ,sher ,s here this evening to provide answers as well Mayor Woodward asked d there were any quesbons for Mike on 11 (c) (i) Mayor Woodward said I have one and that would be, does our agreement. this new proposed agreerrenL are there any less In lhe way of seMCes than what we currently have? Deputy City Manager Flaherty replied no In fact. there are some advantages to this agreement We have had difficulty in the past with ColOrado Humane Sooety on treatment of animals that have been brought lo the shelter ,njured and those are addressed to our satisfaction in this agreement Mayor Woodward said okay Mayor Woodward said anybody else? Council Member Moore sa,d excuse me, Mike but could you clarify how the Councll's concerns at the last Sludy '3ess1on were addressed? Can you point me to lhe seclJOns where the contract was changed? Deputy City Manager Flaherty replied the section that Is the pr1marlly change although there was some lesser changes througllout Section 3 3 has been changed somewhat and Secbon 3 6 has been added That is a new sectron Counc,I Member Jefferson asked whlCh one addresses the IOcatron, Deputy C t • l,ldnager Flaherty said that ,s addressed 1n the next agreement Council Member Jefferson ~ard okay Council Member Moore said so I guess and that's what I thought My concern .ioout 3 6 was ,ust whether or not Sect10n 3 2 slMI seems to be unilateral terminabon strll seems to give the abllrty of either party to walk away with 90 days notice Deputy City Manager Flaherty said and that's ident,cal lo the Lllllelon agreement and 1t is also identical to our pr10t agreement w1lh Colorado Humane Socie', I don't think either party Intends to walk away. but at the same lime, we both have that nght to do so Council Member Moore said and then when we I didn't see any further ties associated directly with the capital • contnbut,on Is that correct? This 1s all we have on prolecling our invcstmenl Deputy City Manager Flaherty sa1 correcl J 6 addresses lhal 1n part The remaining assurances or some additional assurances are provided ,n the resolullon for the cap,tal contnbut10n • • • Englowood City Council Novombor 02, 2009 Page 11 Mayor Woodward asked 1f !here were any olher queshons fo, Mike at th,s tome There were none COUNCIL MEMBER WILSON MOVEO, ANO COUNCIL MEMBER McC ASLIN SECONOED, TO APPROVE AGENDA ITEM 11 (c) (I)· RESOLUTION NO . 80, SERIES OF 2009. RESOLUTION NO 80, SERIES OF 2009 A RESOLUTION APPROVING A "CITY OF ENGLEWOOD AGREEMENT FOR AN IMAL SHELTERING SERVICES" BElWEEN THE CITY OF ENGLEWOOD AND THE HUMANE SOCIETY OF SOUTH PLATTE VALLEY Mayor Woodward asked 11 there was further d1scussIon or any other discussion on th is There was none Vctt results: Molton carried Ayes Council Members Penn, McCashn, Moore, Woodward, Jefferson Wilson. Oakley Nays None (u) Deputy City Manager Flaherty presented a recommendalton from the City Manager's Office to adopt a resolution approving an agreement regarding a capttal contnbut,on for Animal Shelter operat,ons He said In thtS agreement, again , this Is largely s1m1lar to the lrttieton agreement as I've mentioned. wrth the sheltering agreemen~ which Litlleton has also approved Primary differences ,n this agreement are found In Section 1 and In Section 17 and 21 Section 1 relates lo the S100.000 00 allocation to the Colorado Humane Soaety to assist with capital costs, the fao~lles. and the Society's agreement to use those funds for capttal construction and/or tenant finish of the fac,llttes In the way of secunty, the City will own the improvements or capital equipment purchased with the $100,000 00 and will remain the property of the City until the expiralton of the contmct. the first year of the contract in 2010 The disbursement of funds there will be no transfer of funds unhl the City s acceplance of the localton of the Sooety's Anomat Shelter faof~y and the conftrmat,on of the conuact for services related to conslruclton and/or tenant finrsh of the facility The effecbve dale shall be the date of the commencement of this agreement . of the agreement for animal sheltering service between the Society and the City Again, however , the d1sbursemenl will not be forthcoming un~I the C~y approves the Society's location and has an opportunlly to review wtlh the Society, their contract for consUucbon Mayor Woodward asked if there are any quest ions for Mike Council Member Wilson satd f have one Mike. wtlh the fees 11 says thal S50 000 00 for the first fr,e years Old you say before that It was going to be for the first year and then we could reapply for the next four? Deputy C11y Manager Flaherty said actually, and thank you for brmgmg lh1s up t>ecause I should have mentioned It, lhis locks In the fee for live years The f,rsl year of the agreement is bas,cally a one year agreement with an opbon for four addrt1onal years When we app,ove the agreement we wil lock In the $50,000 00 fee for a penod of f,ve yeats Council Member Wilson said so there will be no reapplying Oepuly City Manager Flaherty said correct The only thing that we will need lo do Is renew the contract and that's based on our review of the performance of the Soc1ely eounc, Membet' Wilson satd okay Council Member Moore said under 17 what Is formally the City's acceptance of the Iocauon In ll!fms of process? Is the City Manager authonzed to sign 11 or Is will It be Council acceptance? Deputy Ci ty Manager Flaherty said I'm sorry John Counal Member Moore said rm sorry Mike On 17. the City's acceptance of the locatlon. Is It a Council's acceptance or JS It Cit/ Manager's? Depuly Ctly Managl!f Flaherty said I'm sure we can WOil< that e1lher way This basically allows for the City to accept, wh ich e1lher means the City Manager or City Council Our C011versat10ns with Nick Fisher Is that the location will be In the Sanla Fe corridor and Nick Is negotial1ng right now for lwO locatJOOs one of wll,cll Is m Sheridan basteally across the sueet from th,s fac,hty and the other ,s In L1ttleton on Platte Canyon and Bowles But 11 ,s our Inten1 that we do not accept the !ocat,on lhal JS outside of the corridor, the Santa Fe corridor In either Llltleton , Englewood or Shertdan Englewood City Council Novembor 02, 2009 Page 12 • Councol Member Wil son said are we slill lookmg at 1hal location 1s lhe localion that you are talking about or one or tnem where the World or T1te was? Deputy City Manager Flaherty said not at this tune Counc,t Member Wolson said okay Deputy City Manager Flaherty said at least no1 to my knowledge Council Member Wilson said okay Deputy City Manager Flaherty said I know when I lasl spoke to Nick and Nick 1s here and can better answer !hat question 1han I can He was down to two locations one in Shendan and one 1n L11tleton Mr F sher sal(I the property that you are talking about 1s kind of on the bacit burner, so we·ve asked Iha! property o,vner for proposals and have not received any1h1ng yet . so thars kind or been placed on the back burner We have a couple more locations we're looking to put lellers of intent on as well So we have lots of things 1n the hre So we are hop,ng something produces thlS week and we can get going Counc il Member Wilson sa,d I'm trying to visualize where South Plalle Canyon Is. Mr Fisher said Plalle Canyon and Bowles? Council Member Wilson sa,d yeah Mr Fisher said so west of Santa Fe on Bowles anc righl on the comer of Bowles and Plalle Canyon So It IS a retail area in Littleton Council Member Wilson asked how far? Councol Member Jefferson asked how far west? CounCII Member Wilson asked how far west? Council Member Jefferson asked 1s that In the Albertson's shopping center'? Mr Fisher replied It's on the oth er side .. to the south Several Council members spoke al once Council Member Oakley said yes the Albertson's shopping center Albertson s 1s over there Just about Lowell Counal Member Jefferson satd JUSI about LoweU? Council Member W1tson said Lowell? Okay Councd Member Penn said and the approximate locahon 1n Shendan? Mr Fisher said 1t s the industrial park 1ust righ t next to the Regal Theatres Council Member Wilso n said thank you Mayor wooaward said a queshOn for you Mike With this agreemen~ and in procunng a space and go,rig into ope,at10ns. are we able to cancel the Colorado Humane Society agreement or lease for the property that 1s curren lly located on our property on Sou th Platte River Drive? Deputy City Manager Flaherty said we are In a month-to-month w,th Colorado Humane Soe.ety We can basically cancel at any time, If 1hr don't cancel fnt It a. my understanding that as soon as the sa;• ~qs been completed, although the custodian said lhal he wW nol leav• us without seMCes. he wants to trans1t10n 1ne animals from the current locat1on to the new location and be out of business as soon as he possibly can Mayor Woodward said okay Mayor Woodward asked 11 there were any other quest1011s There were none COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER PENN SECO NDED, TO APPROVE AGENDA ITEM 11 (c) (II)-RESOLUTION NO. 81 , SERIES OF 2009. RESOLUTION NO 81 SERIES OF 2009 A RESOLUTION APPROVING A "CAPITAL CONTRIBUTION AGREEMENT' BETWEEN THE CITY OF ENGLEWOOD AND THE HUMANE SOCIETY OF SOUTH PLATTE VALLEY Mayor Woodward asked ,f there was any discussion Mayor Woodward said JUSI to ment1011 some of the things that Crty CounCII, over the months. have been looking at with help lrom siaff wha1 11 would mean to go to or r,nd another fac1l1ty I don 't think a pe rmanent type ol fac1l1ty has been 1denlif1ed, bul temporary facihlies !hat have been iden1,ned would mean that we would be moving Code Enforcement people out of the City and traveling some distance to dehver antma and then com,r,g back to the City So Code Enforcement Officers would be out of lhe City during that time Nol to men110n that If a crt12en was going to claim an animal, they would have to be leaving the City As I reca ll , it's probably a minimum of 15 miles was the closest. as I recall 12 10 15 miles. which would certain ly not be 1n the best interests of our c11>zens. I wouldn't think So those are some of the things that have gone through this thought process and lhe d1SCuss1011s that we have had regarding this And that ,s why this San1a Fe corridor 1s an Important corndor for us to keep our Code Enforcement people righ t here Mayor WOOdward asked 11 1here were any other comments Council Member McCashn said I personally would like 10 1hank Mike for spearhead ing I know that Mike spearheaded the comm11tee for dangerous dogs and he has something with dogs because now he 1s involved • • Englewood City Council November 02, 2009 Page 13 w,lh lhe Humane Soc iety Bui I apprec iate 11, because I know all lhe hard work that you put In10 this ,n try,ng to come up with a resolution for this I appreciate I've seen you 1n both commI11ees and you have done a ,. eat JOb Thank you Deputy Coty Manager Fl aherty sax! thank you Bob t also have to grve credit to Mr F,Sher He his been able to put together a new organ,zat,on on rela11vely shon not,c~ a~d wIlhoul any up until Llllleton's approval ol lhe agreement. without any nnancial re,mbursemenl for his lime and effort over the last s,x or seven months Mr Fosher sa id thank you May01 WoodWard asked ,1 !here we,e any other comments There were none Veta roa utts: Mot10n carried Ayes Coun•,:I Memhers Penn, McCashn , Moore, Woodward , Jefferson, Wilson, Oakley Nays None (in) Director of Finance and Administrative Services Gryglewicz presented a recommendatoon from lhe Finance and Administrative Services Oepanmenl lo adopt a resolution approving a suppleme,11al appropnatlon 101 a $100,000 cap ital contnbullon to lhe Humane Society of South Platte Valley He sa id lhese funds were originally aJIP(oproaled and put 10!0 conbngency for lhe Colorado Humane Society guaranteed back in June They were not used for that purpose and lhey are betng appropnaled for lh1s use at thiS tune • Mayor Woodward asked If there were questions for Frank There were none • COU NCIL MEMBER MOORE MOVED , AND CO UNCIL ME MBER McCASLIN SEC ONDED, TO APPROVE AGENDA ITEM 11 (cl (ill) -RESOLUTION NO. 82, SERIES OF 2009. RESOLUTION NO 82, SERIES OF 2009 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2009 BUDGET FOR THE HUMANE SOCIETY OF SOUTH PLATTE VALLEY. Mayor WOOdWard asked 1f there was any discussion Counc;t Member Moore said I'll just add that I too appreciate all of lhe etton that went into th,s It Is noce to see a good solution coming out of what was an unfortunate situation. so thanks to staff and to you. Mr Fis her as well Thank you May0<WOOdWard said I would also ike to thank L1ttlelon I know Ldtleton 's Deputy Ci ty Manager and Mayor Doug Clarlt have been very involved In the negot,atoons wilh this and cena,nty Mike, so thank you to everyone the,e Mayor Woodward said If there are no further comments or discussion, please vote Vote results: Motion earned Ayes Council Members Penn. Mc:Cashn. Moore, Woodward, Jette,son, Wilson. Oakley Nays None (1v) Economic Development Coordinator Hollingsworth presented a recommendation from the CommuMy Development Department to approve. by motion, the South Broadway Englewood tlusmess Improvement O1Stnct Operating Plan and proposed 20 10 Budget He said pursuant to Colotado Slate Statutes the BIO must submit theor annual operahng plan and budget to the local 1unsdoctoon for approval by lhe local Englewood City Council November 02, 2009 Page 14 • Ju11sd1cbon ThlS evening Council Is being reqoesled to approve by mobon the,r proposed 2010 operaling plan and budget Thal concludes my comments I'd be lllappy to respond to any questions Mayor Woodward asked 1f the re were any quesI1ons Council Member WIison sa id I just wanted to say something I appr!ciate all the work you have done Darren with this group and because I am liaison w1lh th is group, I know how happy they are with your work and the City's So I appreciate that and I took forward to working with them next year too. COUNCIL MEMBER WILSON MOVE D, AN D COUNCIL MEMBER PENN SECO ND ED, TO APPROVE AGENOA ITEM 11 (c) (Iv), A MOTION FOR THE SOUTH ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT OPERATING PLAN AND PROPOSED 2010 BUDGET. Mayor Woodward asked d there were any comments. Mayor Woodward said I would like to mention that the BID has. I think. in thlS past year. which has Ob\110\Jsly been a very difficult economic year for not only businesses In Englewood, but businesses everywhere. In fact maybe Englewood has done better than most cities. The BID has been able to provide some things that have really Improved the area, In my opinion, and that has lo do with the planters, the sculptures, the art work, flowers And In lhe short time th at they have been here, they have certainly do ne some nice work. I gel comme nts and hear comme nts from different people ... cltlzens ... throughout the City an d try to make It clear thal, no, It wasn't lhe City of Englewood, It was the BID. II was lhe business owners tha t are down there that did that. They lax lhemse lves and they have made those improvements Mayor WOOdward asked 1f lhere were any other commenls There were none Vote reaulls: MOllOO earned A~ Council Members Penn, McCaslln, Moore. Woodward, Jefferson, Wilson. Oakley Nays. None 12 Genera l Discussion (a) Mayors Choice (I) Mayor Woodward said I would like to address Colleen and the Grealer Englewood Chamber of Commerce and personally make a molion for the $1,000.00 sponsorship of the Holiday Party for the Chamber. I think the Chamber lhls year, and I think mainly under the guidance of Randy Council Member Penn has done a really good )Ob and taken lhe Chamber a long way over the last few years So I think $1 ,000 00, which Is In our Council budget, Is cenalnly a reasonable number and heanng earlier where you're planning oo having 11 and the other sponsorships, I lh1nk are good. So making that moUon I would look for a second • MAYOR WOODWARD MOVED, AND COUNCIL MEMBER J EFFERSON SECONDED, TO APPROVE $1 000.00 SPONSORSH IP FOR THE HOLIDAY PARTY BY TH E ENGLEWOOD CHAMBER OF COMM ERCE. Mayor Woodward asked tt there was any d1scuss!on Council Member Penn said well I would just like lo say, thanks for the good comments and ColleM Is doing a greal Job I know she musl have snuck out already, which Is smart, bul people have to understand that th is is Just not for Chamber members, It Is for the enllre City of Englewood 11 Is a gre at way for all the businesses to gel together, • citizens If they would like to atso attend It 11 ls a good way lo thank people and hopefully people understand that Eng lewood Is nol lhe only sponsor thal we have for this gathering And hopefully II will become . II was very successful last year We will jusl hope thal It keeps continuing to grow • Englewood Clly Council Nov ember 02, 2009 Page 15 Mayor Woodwaid as,ed 1f there were any other comments There we<e none Vote resu lts: Mouon earned Ayes Council Members Pen.,. McCasl<n. Moore. Woodward. Jefferson Wilson , Oakley ll.lys None (H) •.•Jyor W .Jdw3rd said I would hke lo thank Jackie and Enn for coming tonight and sharmg the 1nrormat10n that yo,, ~'<I. It wn J pretty good srzed booklet Ms Edwards said sorry about that Mayor Woodward said there Is quI1~ a bit ot 1 'ad1ng 1n 11 And as you know we have put a moratonum there are three approved dis~~ or caregivers : think 1s the way that Amendment 20 refers to that I am not so sure but we Will call them dispensaries Tho••· ~re ... two of them. at least that I'm aware of. are In operation I know there are some thing, that I think with01i M> •ing an opinion or the benefits or whatever. there are some thi ngs that I think need to Ile addressed by Plannltll) "·' r Zoning •. secunty IS one We have had one with a break..n already In fact. It was within, I beheve. wet. ,v,•hIn .h~ ·'SI month for sure and possibly even before that A lady spoke from the audience Mayor Woodward s.,ld let •'le Just fi111sh up You don't need to .. I don't want to detract from what you ~ and I encourage you to come oc. k But the1e are ce<ta,nly other munlcipahtoes throughOut the State and we are seeing It every day In the newspape rs, TV, the Coi,rado Mumc1pal League Is addressmg 1t and rt certainly ,s an issue. I know even asking "°' ,.,,-.,,1 hospital Swedish for their opinions. trying to get an Idea gee whiz. would you hke to have a d1spensa:y or ca,eg1vers across the street? Their official op1n10n 1s no 0p1nion and that they don·t utilize mariju ana In the11 r,"dctlce or med icine w1th1n Swed,sh, 1s what I was told So, again this 1s ,n Planning and Zoning and t appreciate you saying , take your bme and really look at this. because it Is here and It 1s somet~1ng we all have to deal w,th , This was voted on by the voters of the State or COiorado (m) Mayor Woodward said also Elaine. your concerns with Englewood Housing Authority I know have been addressed You were at our last meebng .. you and Mr Kraft I know that some or these things nave been d.scussed over a number ot months I will say that I am a halson, a non-voting. member, at those meellngs We have had legal counsel on that and, I believe a HUD speciabs1 who has discussed and recommended to the Commission on what should be done So as you, I believe. are aware, this Wednesday we do have another meetJng Ms. Hults started to speak from the audience Mayor Woodward said thank you for bringing rt up. bUl you had your piece there So. rm saying that 11 IS addressed (b) Councrl Members' Cha.ce (1) Council Member Penn 1 He said congratulallons to an the Police Academy g aduates and Englewood Pol,ce Oepa,tment thank you so much Please pass on our thanks to Toni aga in She has done a great Job and we hope that will conlinue 2 He said to Jean Lesmeister, I think she took off, but h0pefu11y I w,11 go VISrt Jean 1n the next day or two and ,he brought some valid things to us 3. He said Jackie and Erin thank you for continuing our educat10n I, too , have been over to Nature's Ktss and sat down with Bruce for a couple or hours rve also been down to Or Re1ler down in Denver and so I am contlnUlfl9 to hopefully expand my lack or knowledg3 on some of this and hopel ully 1t will continue And we truly encourage you to come back and give us more knowledge. because that 1s definitely needed, so hope we can do that • 4 . 5 He said to my fnend, hopefully he 1s my lnend John your tremendous knowledge. has been a tremendous He said thank you for address ,g the Chamber thin~ knowledge for Englewood Coty Counci l and we will truly m,ss you And thank you ro, all the knowledgeable input that you have bestowed upon us and tor d1Tect1ng us somebmes and getting us down the road 1n the proper manner And I thank you personally and hope Im sure everyone on the Councd will also than~ vou Englewood City Council November 02, 2009 Pago 16 • 6 He said and to all the people running for C1Iy Council tomorrow ntght good luck and hopefully you will not gel any sleep tonight. There was laughter (ii) Council Member Mccaslin 1 He said you know It 1s kind of the same thing I want to thank the citizens for the Police Academy Whal a great program and 1I iust gets bigger and bigger every year 2 He said to Jean Lesmeister. being on Code Enforcement Is frustrating. seeing th,s happen In Englewood and nothing being done , so I too. with Randy would tike 10 probably sit down with her and see what her concerns are and see what we can do 3 He said to Jaclue and Erin. thank you so much for the knowledge you brought to us just tonight was unbelievable Conbnue to do that because we need more and I appreciate lha~ I really do The mofe we know, the better decisions we can make. I like the idea of a committee ... I like the idea of a committee llke we have done with others ... all t he Input, so that we had some input in the decisions we make .. Someone from the audience spoke-not audible . Mr McCas li n said yes. and we have been a rote mode l as someone said as far as dog Issues and so forth Maybe we can be a role model here 4 He said I would like to thank two studen ts that called me In the last week to come 11'1 attend Council to further their knowledge and get high school credits One Is Cody Winthrop who goes to E1 • ' ,ood High School One Is Kyle McCaslin ... l hate to say this, but I am related to him, he is my brolhe(s son, anrt r>e goes to Litllet,;,1 H,gh School t appreciate them Sitting through t1u1 Councl meeung and listening to an our rM•oric and information hopefully and 1f there Is anything else we can do to help the process. you know, please let rr· snow. Council Member Penn said thanks for bringing your friends too, pal. Mr Mccaslin said thank you guys for com. I appreciale that (iii) Ct ,,ell Member Oakley. 1 He said I would like to thank the ladies lo< the presentat,oo on the medical mariJUana and tt11s Council Is going to need all the help they can get ., !he futute 2 He said the parking siIuat1on on South Washmglon Street. I wou ld be Interested to know if, In facl, these four cars are legally licensed and registered and ,f they are operable and how this fils With the rest of our ordmances 3 He said as far as Mr. Moore Is concerned, I can't thank him enough for the years we have served together on Council The give and take and what we have been able to work through. Thank you, John. Council Member Moore said l'n be back In two weeks There was laughter We can say goodbye then (1v) Counci l Mernber Wilson She said I just wanted to echo what everyone else has said about the presentation for the med,cal manJuana 2 She said to Ms Lesmeisler. I am sure Gary will be a part ol that 1nvest1gation as far as their house and cars across the street 3 She said the Englewood Police Citizens Academy graduates ... nine weeks is a long time and a huge commi tment to go to that every week. so I appreciate them doing It and also what comes out of that with the • Ne,ghborhOOd Watch and more involvemenl • • Englewood City Council November 02, 2009 Page 17 4 She said I want to say to John too, that I have only worked w,th you for IW~ years and I ma) have more to say In two weeks, but I have appreciated that you brought a wealth of knowledge You have been able 10 cut through a lot of chase and you w,11 be sorely missed (v) Council Member Jefferson I He said first I Just wanted to thank the Citizens Acadm,y grads and congratulate them and congraIutate ~ program on ,ts fou rth class I belteve 11 •~ a,, important way for people to connect with the cornmunI:y 2 He said to J ean, hopefu lly we get some of her concerns addressed if there are some vtolahons there I cenav,ly understand her concerns W1lh Code Enforcement Somebmes we do have a process we do need to go through before people are subject to fe.1s or appearance In a court from thetr focal govemmenl 3. He said Jackie and Erin , I thank you for your presentation I ag ree, there is a sha rp learning curve on some of these medteal marijuana issues. I am actually pretty proud of where we are at as far as the licensing structure currendy But I am happy to chat with you guys attetWards and try to understand better your concerns on some of those areas. 4. He said thank you :!lalne for bringing your concerns Maybe If I could chat with you further about some of these issues, I'm not sure, I did catch the gist of the presentation but I'm not sure that I understood all of the issues that are going on there IXJt hopefully we can get those addressed as well 13 City Manager's Report City Manage r Se;.rs did not have any ma tters to bring before Council 14 City Attorney's Report (a) City Attorney Brotzman presented a recommendation , for a motton, to settle Arapahoe County District Court Case No. OB CV 1481 -Colorado Custom Construction. Inc v. City or Englewood and the Englewood Board of AdIustment and Appeals for S40,000 00 COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASLtN SECONDED, TO APPROVE AGENDA ITEM 14 (a)-A MOTION TO SETTLE ARAPAHOE COUNTY DISTRICT COURT CASE NO . 08 CV 1481 -COLORADO CUSlOM CO'lSTRUCTION, INC. V. CITY OF ENGLEWOOD AND i HE ENGLEWOOD BOARD OF ADJUSTMENT ANO APPEALS FOR $40,000.00, AS RECOMMENDED BY THE CITY ATTORNEY . Mayor Woodward asked If there was any dtSCUSSton Thflre was none Vote results: Mollon earned Ayes Coun~I Members Penn. McCasltn, Moore. Woodward , Jefferson , Wilson, Oakley Nays None 15 Adjournment MAYOR WOODWARD MOVED TO ADJOURN The meebng adJOUrned al 9 05 pm •,Jt~at&; • Agenda Item 5 (b) (iii) City Clerk t o announce tho statui· of the Elec tion . Based on the Official Election Results. the newly elected Council Members are: District 2 Council Member Linda Olson District 4 Counci l Member Rick Gilli! At-Large Council Member Jim Woodward • • • 5 b (x) Permanent Seating Assignments (left to right) _________ Gary Sears ___ Dan Brotzman ________ _ MAYOR • • PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT November 16, 2009 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT ...._____ /tack Crq,.f:t 1~ 33-S . ( ;,,cc.!11~\--!h1'1 r{)"-i 'Y "--.. ( ,._.,r ~ i\:o J30,.crq,/,lh"p)Q_ 41 lo O J, ~o,~ J --'----- ' '-----... ~ / ~' I ~--'-::....______~----~----~---~=-.,.-::---:--',,_LL-~~ 7 (;P?P b "'f),4-e e- 7c i (c' ):11:: FA o ,t( c1D/-11h 4c/5[ It' t?lf./" c Jf., 1£,/Y-/-/ o r:9 r C' () s.;J'/eAt r-F pro~ !l,(c,tr✓:t 1~ /k' ecxx7cA?- , ___ _ ~,& C" p ,...;c;6 .&,...-;,-~ ~,•1-&A ' 1' -'7 ~ LA,I .~ ,<__ J, £ • • • ORDINANCE NO. SERll:S OF 2009 BY At:TIIOIUTY cou:-.cn BIU NO 51 IXTROOUCED BY COI.Jl\CIL MEMBER McCASLIN AN ORDINA!sCE SUPPORTr.-.G TIIE GREAT OUTDOORS COLORADO GRA ''T APPLICATIOX FOR OID:C.\.'\ PARK DE\'ELUPMEKT FL':-.'DING WHEREAS. the Cuy Council of the Cuy of Englewood authorized an intcrso"cmmcnta l agreement between the City and Englewood Schools for the lease of Duncan School propeny for park and =reatioMI purposes. "uh the passage or Ordinance No. 35. Scncs or 1978; and WHEREAS. the Cuy of Engle\\ood. Colorado has maintained and operated Duncan Park a, a commun ity park for over 1hiny years through a lease asrceme111 with Englewood Schools and ,s considered a valuable and irreplaceable pan or the Enslewood parl. system: and WHEREAS. Duncan Park 1s the only Park located :n the southeast quadrant or the City or Englewooo; and WHEREAS. m 2006 the Arapahoe School D1stnc1 No. 1 {Englewood School Oi,1ric1) \'Olcd to sell the Duncan Parlt propcny; and WHEREAS. the Englewood Cit)' Council passage or Ordinance No. 42. Series of 2007 authorized a Contract for Deed for the purchase of Duncan Park located at 4848 South Pennsylvania hy 1hc C1ty; and WHEREAS. the Englewood City Council passage or Ordinance No. 8, Sen cs or 2008 authorized an intergovernmental agrecn1cnt regarding the 2007 Gram of Great Outdoors Colorndo between the State Board of the Great Outdoors Colomdo Trust Fund and the City for Duncan Park acquisiuon: o.nd WHEREAS, the fir.al third parcel purchase will he completed m 2010; and WI IEREAS. the City intends 10 misc the old ,;chnol building on the site and 1mally rc-dc\'clOp the propeny into a nt1ghborhood park: and \\'llEREAS. the csuma1ed oosl of 1.2 million d,,Unrs includes plnnning dcs1~ry1 and construcu~n: and \\'I IEREAS. the ParL omeniucs may mdudc. play~rouod. p,cmc p:mhon. muh1-use ballf,cld. restroom. landscapm3 and internal trail dcvclopmcn1. and WHEREAS. the pDssage of this Ord111a nce suppons the C11y", b'l'Alll upplica1ion 10 Grcnt Outdoor~ Colorado for Duncan Park dc\'elopmem funding. NOW. TIIERffORE. BE IT ORDAINED BY TIIE cm· COUNCI.L 0~ TIIE Cln" OF ENGLEWOOD. COLORADO. AS FOLLOWS: 9 b I Section I The Cu> Council of1~ C>1 ) of &iglc"ood suppon , 1hc Grc~I Ou1dours Colorado • !ffi\OI apphcauon for Duncan Park developmcm funding and has aprropna1cd matchmp fund s for a yran1 "nh Great Ou1doou Colorado. ~-The Ci1y Council of 1he C11y of Englewood au1horizes lhe expenduurc of funds necessary to meet 1hc 1mns and obliga tions of any Gram awarded Secuon 3. The projec1 site is currently being purehased b) lhe Cuy of Englewood and i1 annc1pa1cs park use for lhc ncx1 25 years. ~ec1ion 4. The City Council of lite C11y of Englewood io1cnds 10 mam1a1n Duncan Park dcvclopmcn1 ma high qualny condi1ion and wiLI appropriate funds for maintcnanc:c in 11s annual budget. ~-The City of Englewood has the ability 10 complete this projcct and has dcmons1111tcd this ability. The City's Pubhc Works Deparunen1 and Parks and Rccrea11on Depanmcnt have an excellent track record of completing projects in a 1imcly manner and within budge1 . Successful managemenl of capital projects ha,·e included: a nine hole expansion, club house impro,·cmcn1s and es1ablishmcn1 of a leaching facili1y al Englewood Golf Course in 1995: 9.4 acre expansion ofCcmcnrual Park in 2001; expansion of Englewood Recreation Center. Malley Senior Recreation Center and ronstruction of Pira1es Cove Water Park in 2004 and redC\·elopmelll of Broken Tee GolfC1,urse in 2008. Introduced, read in full. and passed on lirst reading on lite 2nd day of November. 2009. Published as a Bill for an Ordinance in 1he Ci1y' s official newspaper on the 6~ day of November. 2009. Published as a Bill for an Ordinance on the C11y·s official website beginning on 1he 4th day of Novcn1bcr, 2009 for thiny (30) days. Read by 111lc and passed on final reading on 1he 16• day ofNoven ,l>cr, 2009 Published by 1ille in the Ci1y's <'fficial newspaper as 01, JU1ncc No._. Series of 2009, on the 201h day of November, 2009. Published by ti1le on the Ci1y's official websi1c beginning on 1hc ls• doy of NO\ ember, 2009 for tluny (30) days . James K. Woodward. Mayr ATTEST Loucrishia A. Ellis. Ci1y Clerk • • • • • I. Loucnshia A. Elhs. CII)' Clerk of the Cit) of Englewood. Colorado, hereby ccnif)' 1h01 1hc obo1 c and foregoin1t is o lrus copy of the Ordinance passed on final reading and published by title as Onlmance No._. Series of 1009. Loucnslua A. Elhs • • • COUNCI L COMMUNICATI ON Da te: Agenda Item: Subject: No,emher 16, ~009 11 Ci Resoluuon Settmg Ust 01 Persons Eligible 1or Appointm~nt as Heanng Oitice·s Initi ated 8\~ I Staff So urce : Human Resou rces Depar tnwnt Sue Eaton, Director 01 Human Resources RECOM MENDED ACTION Staff recommends the Engle\,ood City Council apprO\e a resolu·,on sen,ng the lost 01 persons eligible 101 appointmen t as hearmg ofTicers 10, di sciplinal) an d me rit appeals BACKGROUND, ANALYS IS, AND ALTT:RNATIVES IDENTIFI ED The Englewood City Council passed resolution 1'o. 36, series 0 1 2008 appoin tin g a panel o/ qualified hearing officers to hear d1sciphnan and ment appeals. We are recommending appointment oi the panel appoin ted ,n 1008 tOI 2009 and 2010 . UST Of ATTAC HMENTS R~sumes 0 1 Current Pa nel 0 1 Heari ng Oilicers Resolution • • • BEXXETT S. AISE.'~BERG Law Offices of Bcnncn S Aisenbe,g, PC., Denvc1, Co!o1ado, 1980 • p1esen1 Partnet, Goisucll, Kugis. Ca.'llpbell, Walker and Gtovct, Dcnvei. Colo:ado, i 9S8. 1980 BA, Economics, Bro"n Univc1siry, 1952 LLB , Ha,va,d Law Schoo , 195S US Anny, 1955-1957 Marquis Who's Who in Amedeo P1esidcnt, 810\\n UniversitJ Clul o! Colo1ndo, 1967 • 1970 President, Haivaid Law School Association of Col01ado, 1984 -1985 Denver, Col01ado, Massachusehs, and Amelican Btu Associations Colorado Bai foundation Amelie.in I nal Lawyc1s Associ~uon Colo1ado Tiial Lawye,s Assoc iation, Board Mcmbe1 , 1977 -1984; P,esid ent, 1984 - 198S, Life Time Achievement Awaid,. 1996 Lecnnei . Colo,ado Trial Lawyc,s Association, 19TI • p1csent hial Lawye1s fo1 Public Justice, Stale r 1iai1pc1son (Cobiado) founding Memhc1. Public JuStice folll\d,1ion lntei national $()(:ic1y of 8aniS1c1 s Certification aso CH I Ttial Advoca1e, National lloaid ol 1tial Advocacy, ;9g4 . J9Q4 Judicial Nominating Commission (Den,'el )-Qubetnatorial Appoinunctll, 1988 • 1994 Denver Bai Association• President !99i • 1992, Jrustc:c, 1981 -:985, 1987 • 1990; Repmentauve to BoaJd o! Govcmo1s o! Cok>rado bl'! Assoc:ation, 1978 • : 980; Chairpc1son, Enteitainment Commince, 1975 -1977: Cn:tlrperson , 1ask Force 10 Assess Legal System, 1985-1986; Award of Meri~ 2003 Colorado Bw Asiociation • President, 1998 -1999; Cbairver<nn, lnterprofcssional Committee, 1978 -1980; Clwr;,c:son, Altemauvc Disputes Resolu:ion Commmec on l:.mployment, 1979 -1980; Ethics Comminee, 1986 • present; AmicusC111 iac Committee, 1991-1994 Instructo1, l Orts, University of Denver, School o'' aw, 196! -1963 Instructor, Real E.slate Law, Uni\'etsity of Coloradv Extension School, 1960 -1963 lnsuuctoi, J\ational Institute for lrial Advo::acy, 1985 • 1990 Ameiicm Board of Trial Advocates National Academy of A1 bilnto1s; Merube1 , Committee on Law and Lcgislacion, 1986 - Jllcscnr; ~· \101111iain Region Clwrpcison, 1984. 1985 Labor Albiuitor, Fedetal Medration and Concilbtion Smicc • • • • RONALD J . COKEN .. :c Wer: .,:.r.;.i ;.,vc~ .... e :,"';,vE:r, -: ... r~.:20 Ei.. ...... ~ ~c:-~:--.. ~:.; Qualification s: Jc:1s Doctor Deg:ee Un1ver!ity o! De:we: Ju:ie, 1968 11:i.·d ttec !:>y :olo:ado Scp:el!'e cour: October , 1968 Aci.~itt~d by United Sta:es Distroct Court Octc-ber, 1968 Adt.:.tted by Unite d States Court of Appeals March , 19'1 Admitted by Onitej States SupreQe court March , 1972 General Legal Expa rienea: S~!f 1'::.o::~ey Denver Legal Aid Society -:%~ Asso::ia:e h:tc:-ney Berger, Ro:~stein, Gehler Att.crney:!I at 1.a w Coomerce City, CO -1970-197: Partner Gehler• Cohen Attor nevs at Law Commerce City, CO -1972-1982 Sole Praclitioner Ronald Coher.. Attorney at Law Denver, CO -1982 :o present Municipal and Governmental Legal Experience : Assistant County Attorney Adams County, CO -}970-1972 Assis tan;. City Attorney and Prosecu-inq A·torne}' Co:Mle:ce C:t)", CO -JQ7C.-:96. t:c1ect!:.:j; ............ nev :,:=~!1~."'f:,r I =~ .. ,_•• .. :.Ci A!t ... ,:&~· C ... :r A:tc :~e)' &~d ;:c~~c;::~; A::c:ncy ==1;~tc~, c~ -!9~:-:~=~ C:ty At;;:ney :..a!aye:.:e, ::> !9i:-!"?~ Personnel Hear1n9 Officer: Northglenn, CO Slackhawi:, co Parker, co Eli:abeth, CO L1tt:eton, CO Englewood, CO Judicinl Experience : Presiding Judge Northglenn, CO -1982 to present P:es:ding Judge federal Heights, co -:982-1990 ?res1din; Judge Cor.unerc~ c::. :.)', ~, -l 9E ~ ~:» z :to ~ ,res.d1na Judge Lochbuie; ~o -:;99 to 2002 P:es1d1ng Judge Hudson, CO -2001 to present hdmin1st:ative Law Judge Adams Co,nty, CO -1988 to 1934 • • • • • • A ,1r.rur .\ '\ ARfllTRATIO'\ .\~SOC'I .\ T IO\' Rl'.'il .~If FOR~I Cr1,es:ont Bus-,neH Par, SOfC Soul,.. Coun~; r.::i,: ! S .. ii, 206 · W l'l:Uo· C:"I &:l!.26 ·9Y'.Jo' •7~ S"l'O ~l:,.2'i' •Fii::1 """111 ie,~,!ll•2':;, John P. DiJ"alco Cl'RRE!'\T EMPLO\'CR/T ITL C: Self-employed -Arbilrntor1/llediator Difalco Corporation• President OCC l:PATI01': Anorney. Arbitrator EX-PERIE!'iCE: Over 35 years of experience as a civil trial lawyer specializing in government, administrative, and business contract la\\ including signficant experience in the practice of arbitration. mediation. and other forms of alternative dispute resolution. As a municipal anorney. panicipated in the conscruction management of major projects inlcuding performing ans center; senior center: recreation facilities: airpon improvements: and wastewater. transponation, and waterways. Familiar "ith disputes relating to differing site conditions: design defcCts; change orders: surety bends; and municipal, state, and federal contract law. Possesses considerable government experience, including negotiations \\ith federal and state go,·cmment agencies in connection \\ith the construction of public buildings, wastewater and water trcutment facilities. transit systems. and airports. Adjunct Profess or La" at Regis University in Denver. Colorado. Arbilrntor since I 9RO. As panelist for the \merican Arbitration Association and the Federal Mediation and Conciliation Service. has engaged in the practice of labor. commercial. and construction arbitration , mediation, and other alternative dispute resolut ion. Clients include numerous public and pri,·ate entities throughout the nation. Experience in mediating or arbitrating cases invo)\'ing arbitrability. contract interpretation. delays. dc~ign defects, product liability. remedies. and many other issues. ISSUES : Arbitrahilit y. benefits. cotnract interpretation. discharge. discipline, discrimination, external la\\, gric\'ance procedure. job assignments, job classification, pay, seniority, subcontrac ting out. tenure issues (hi[!her educati on). timeliness. fNDUSTRlES: Entenainment, government (federal. state and local ), grocery, hi gher education, meat packing. mining. oil and gas. postal, professional srons, public utilit ies, retail. schools, steel . telephone . transponation. I\ ORI-. HI Sl OR\: Pr.:,idcnt. 1)11-Jlw r,,r1wratu1n. I<J~O-prc""m. (h11t~r. John I' Dif alco A: As~,c1a tes. P.C .. IQR~-W(l3. Cit) Anome). Cni of C,reci,·). C(1. l C/!1 (1. JC)8 ". Chie f '\egotiawr L:ibor Relation.< -'l nomc). Cil) Count) of Dcn ,cr. 197"-!'lNo: Heann g bamincr. l".S . Posml Service. 197:-IQ'7: Anomey 8:. L:ibor Relations Spec1ah<t. L.S. Postal Ser,·ice . l'IT.!-1977, Anomey. Reul Es1ate and Procurement: Genera l Counsel. L'.S Postal Sm·ict EDl'CAT IO~: Ohio Suue University (BA-I %5: JD-I %8): Lmmsil) ofl\'onhcm Colorado (MA-I 986!. PROl'ESS IO:'l'A L ASSOCIA TJ ONS: American Bar Associauon (Comminee on Public Employee Bargaining): Colorado Bar Association (Labor Law Section ): Federal Bar Association (Commiuees on Public Sector Labor Relations, Arbitration Cornrnincc, and Office Management Comminee); In dustrial Relations Research Association; Phi Delta Phi International Legal Fraternity; International Platform Association; Notional Academy of Arbitrators . PROFESSIONAL LICE . 'SES: Admined to the Bar: Ohio, 1968: Col orado, 1972; Disaict of Columbia, 1987; U.S. District Coun. District of Colorado: U.S . Coun of Appeals : Tenth and Federal (1986) Circuits : t;.S. Supreme Coun (1972}. PUBL ICA TJO~S AND SPEAhJNG ENGAGEMEJ\TS: "The New Ethics Regulations -Confusing and Likely to Be Changed". POSTMASTERS ADVOCATE, March l 991: "Sexual Harassment Revisited", POSTMASTERS ADVOCATE. May/June 1989; "Supreme Coun Pcm1its Office Searches of Public Employees". POSTM.-.STERS ADVOCATE, December 1987: "Twenty Rules for Effective Meaningful Bargaining". POSTMASTERS ADVOCATE, August I 987; '·Children as Negotiators: Is Theirs an Acquired or Inherited Trait?''. POSTMASTERS ADVOCATE. June I 987; "The Law and Policy on Sexual Harassment". NA TIOl's ' l LEAGUE OF CITfES, 1984: "Collecth·e Bargainins", NEW ENGLAND MUNICIPALITIES, 198:!; reprinted. NIMLO LAW DOCKET, 1983 ::nd WASHINGTON ASSOCIATION OF CITIES. 1983: "Negotiation Impasse Planning", OKLAHOMA MUNICIPALITIES, 1981; "Municipal Strike Planning•·. COLORADO MIJ'NICU' ALITIES, 1980: SvPER VISOR"S GUIDE TO DlSCTPLINE, 1979, revised 1985; '·Management Ne{?otiators: A New Breed", NATION"S CITIES, May 1978; "Rights of Criminals V.~1ile Incarcerated". OHIO STATE UN!VERSJTY L"-W JOURNAL, 1978; DISCIPLINE AND GRIEVANCE HANDLING. 1973 , revised 1986. ALTERNATIVE DISPUTE RESOL\IT ION TRAIN ING: B:isic AAA Arbitrator Training. Denver. CO: AAA Ad,·anced Arbitrator Training. New York, NY: Labor Arbitrator II. Phoenix. AZ: Advanced Arbitrator Training. Phoeni.x, Al. LO CALE: r on Collins. CO D~nver. CO Leo, eland, CO • • • • •- \ RI SOI l 110\ Si-lTl\(1 1111 I IS I OI Pl RSII\S I LIGIBI I-FllK -\PPOl:S I \IL\1 \S Ille \KIMi OITl('I-KS FOR DISClrl l'I; \RY A~[) ~l~KrT Al'l'LALS I\ l!lRFAS. S"'-1"~' I;\ ) 11i1he l·ngle,\\-.ld llonie Rule t banerpn"tucs 1ha1 m ni;iucr., ,,f d1'c1phn.il') 3nd meru avreal,. 1he CU) Council ,1<111ld appc,1111 hcanni,, ,,(lice,,. 1n lk,ld hcJnni,,, Jnd male 1ind111g, and de1cm11n:111on,. ,,nd \\'IILRI-.AS. 1hc r,is.,.gc 11ftl11, Rc....luwn "'II prm,dc a lis1 ofper-.<•ns f(\r apl'('1mmcm as hcanng l\fficcn h) ('uy c,,unc,I for 1hc remainder (\f 200'1 and ~Cl IO NO\\', THEREFOR I:, BL IT RESOLVED BY TIIE cm· COUNCIL OrTIIE CITY OF ENGi E\\'00D. COLUIUUO. TIIA T. ~-The Cny Cound l uf1he CII) ,,f Englc"ood. Colorado. hereby appro,cs 1hc folio\\ 1111! p•~sons for uppo1111me111 as hcanng officers for disciplinary nnd meni appeals by lhc Cny of Englewood : Bennc11 S. Aiscnhcrg Ronald J. Cohe n John P. [)ifnlc11 ADOPTED A , I) APPRO\'ED 1h1s l 61h da) of Novemher. 100'1. ,nrs1 Jmnes K. Woodw:ml. Mayor I 1>ucn,h1a A I Ill\. Cuy Ck-rl. I. Loucnslna A Eth,. CU) Cieri. for doc Cny of h1glc\\0<>d. Coloradt•. hcrch) certify 1hc ""'" e " a lruC -~•ri of Rc,olUll(lll 11:o. --· Scrn:, ,,f 200'l I oucrislna A Ell,,. Cui Clerk • COUNCIL COM MUNICATION Dale: Agenda llem: Subject: -:°' em~, 1 f\. :009 11 c ii A Motion Appombng a Hearing Oil1cer Initi aled Bi~ Human Re•ourc~ Department Sue Eaton, Director 01 Human Resources RECOMMENDED ACTI ON l11e staff recommends the Engl~"ood C,r, Counc il Jppoint. b\ mouon. a hearing ofticer 1or a d1sc1phn,1f'\ appeal filed bv Da" n O rona. BACKGROUND, ANALYSIS, AND ALTERNATIVES ID ENTIFIED Per th e City ol Englewood Administrative Polley Manual. Hu man Resou rces Policy No. :4. when a request for a hearing before a Hearing Officer In connection with a disciplinary appea l is filed w ith the City Clerk, the Cit\ Council will appoint a Hearing Officer from the panel appointed to hear th~ appeal. • LI ST OF ATT,.CHMENTS Appeal Request Resumes 01 Potential Hearing Ofticers • • • • Englewood Employees ' Asso ciation Gar: Scar.;. Cit) :-tanager City ofEngk\\110d I 000 Englewood l'arkwa). EngJe\\ood. CO 801 10 Dear Gar:·. 1000 Englewood Parkway Eng lewood , CO 80110-2373 303-762-2533 Pursuant to Aniclc 26. Step 3 of the Enplc\\ood Employees Associauon Comr.ict. I am preseming this gric,·ance o\'cr the tem1ina1ion of Dawn Orona to you. A cop) of that g.ricrnnce is enclosed. I am also includi ng a cop) of Stu Fonda's response on this grievance Please contact me 10 set up a meeting on thi s issue . My cell number is 303-901-9003 . Sincereh·. ~b- Roben Stephensun Cc: Sue Eaton • CITY OF ENGLEWOOD Grievance Form Contract Grlovance Ooflnltion: Complaints regarding subJcets (other than lhose 1eta1ed to merit and d1st1pbne\ covered by a collectwe barga:.-.og agreement Tl1<! sole and exelusr,e remedy fo, these coo,plaonts ,s through the gnevance pror:edllre of the appllcat,le c:oleclrve 1>arga1mng agree'"""I ( l Procedures: 1 To Me a gnevance, follow lhe gurdelt nes as oulhned 1n your respecllve Collechve Bargaining Agreement 2 If add1t10<\llt space is needed attach a separate sheel(S) of paper to this form 3 Dale of receipt al tech step ol lho p,ocess must be veroflOCI on the bottom of this lorn> 4 A worl< day mear~ ·::lendar days exelus,ve of Saturdays. Sunday•. and Clly observed holidays Employee Name Oewn Orona Assoc,allo n Name Englewood Employees Association Dale Alleged Violat,on was obsen,ed November 2, 2009 Date Grievance was filed . November 3, 2009 Name and Address of Legal Representa!IVe (ti appltcabte) Buescher, Goldhammer. Kelman and Dodge PC 1563 Gaylord Street Denver, CO. 80206 303-333-7751 An Individual grievance IS Med when an ,nd,vidual alleges that the terms and cond1l10ns of lhe Contract have been vlolaled A general grievance ,s filed when the AsSOC131Jon alleges that the terms and cond1bons of the Contract have been violated and the grievance is filed on behaH of the Association members Please Indicate if the nature of the grievance ,s· ~lnd 1v1dual OR General • State the specific article of the Collective Bargaining Ag reement alleged to have been v,olated Article 1, Sec . F State relief sought Reinstatement SIGNATURES: Employee/Assooatton SupeMSOr Department Head Human Resources Director 111 Citr Mana9t1, cJes1gneeJ City Manager DATE RECEIVED DATE RESOLVED DATE SENT TO NEKT STEP 0..lnbutt Copes lo HurNn Ruo••ct1 0wld0f REV 12/03 Dep1rtmlfll Assocw,on • Emoloyee Robert Stephenson Englewood Employees Association Chris Ames fill!.f2lli Gary Sears 11103no~9 1e:ce • C T TO : DATE : 303-369 •5153 •EOt:li CFi'ICE 0434 ,~ y 0 F E G L E 0 MEMORANDUM Dawn ~o"j_/ Rjr rds Management Specialis!IDepartmcnt Assistant Stewan ~~ctor of Utilities November 2. 2009 • SUBJECT: Recommendation to Terminate Employment • l have reviewed the letter by Chris Ames recommending ~lion of your emplo)'lllcn~ and T concur with her n:commendation. Therefore, your employmeo1 with th e City of Englewood is lennin1tcd upoo receip t of this 11:!lff . 1000 £11~1c,.oocJ Pirkwa1 Englcwaurl, Culor,,do 5011(1 Phone 10J•762-2JOO ._,..w l s;H'Wcw-.Jd~~ O'i, PAGE 02 0 D • • • BEN!'."l:TT S .• ,\ISENBE RG R..t:Sl'ME Law Offices of Bcnnen S Aisenheig. PC, Dcnve,, Colo1ado. 1980. p1esent Panne1, Gorsuch, Kiigis, Campbell, Walker and Gtovc1, Dcnve1, Colorado, 1958 • 1980 B.A, Eeooomics, Brown Univc1sity, 1952 LLB , Ha,vard Law School, 1955 US Almy, 195S-19S7 Maiquis Who's Who in Amc1ica President, B1own University Club of Colorado, 1967 • 1970 President, Haivard Law School Association of Colo1ado, 1984 -1985 Denver, Colo1ado, Massachusetts, and American B111 Associations Colorado BBi foundation Ame11c:an Trial Lawyers Association Colorado Trial La,rye1s Association, Boll!d Member, 1977 -1984; President, 1984 - 1985; Llfc rime Achievement Awllld, 1996 Lectwei, Colo,ado I rial La,ryeis Association, 1973. piesent Trial Lawye1s fo1 Public Justice, State Chai1pe1son {Colorado) founding Membe1, Pu,lic Justice f \lundation lnr.emational Society ofBan iste1s Cenilication as a Civil J rial Advocate, National 80111d of Trial Advocacy, 1984 • 1994 Judicial Nominating Commission (Denver) • Gubernatorial Appointment, 1988 -1994 Denvei Ba: Association • President 199 l • l 992; l rustce, ! 98~ -1985, 1987 -1990; Repiesentativc 10 Board of Govcrnots of Colorado Bru Association, 1978 -1980; Chairpetson, Entertainment Cornmiuec, 1975 • 1977: Chailperson, Task force to Assess Legal System, 1985-1986, Award of Merit, 2003 Colorado Bru Association -P,csideot, 1998 -1999, Cbaiipcrson, lnterpiofcssional Committee, 1978 -1980; Cbaupc:son, Alternative Disputes Resolution Committee on Employment, 1979 -1980; Elluci Commince, 1986 • piesent; Amicus Cwiae Comminee, 1991 • 1994 lnsuuctot, Tons, Uoi,·ctsity of Den11e1, School of Law, 1961 • 1963 lnsnuctor, Real Estate Law, University of Colorado Extension School, 1960 -1963 lnsbuctox, National Institute fo1 Trial Advocacy, 1985 -1990 American Board of T1ial Advocates National Academy of Atbitra1ors; Membet, Committee on Law and Legislation, I 986 - Jll-esenI; Rocky Mountain Region Chaupetson, 1984 -1985 Labo, Atbiuato,, Fcdetal Mediation and Conciliation Sc11·icc • • • • • • -; RONALD J, COHEN ~ -.~ ~~~: ~2n: Aver.ue Quahhcations : ~ ~:.\''":, ~ :cracic e:-.:.; ... : ~o.:-.;_ --... =r~ Ju:1s Doc:or De9ree un,versity of Denver June , l 968 Ad~~tted by Colorado Supreme Court October , 1968 hd:nltted by United States District Court October , :968 Admitted by Onited States Court o: Appeals March, 1971 Aclmitted by Onited States Su9reme Court March, 19-2 General Legal Expe r ience : Sta:! Attorney Oer.ver Legal Aid Society -19ti9 Associa t e Attorney Berger, Rcthstein & G~nler Attorneys at Law Comme r ce City, CO -1970-1972 Fa: tner Gehler & Cohen Attorneys at Law Commerce City, CO -1972-1962 Sole Practitioner Ronald Cohen, Attorney dt Law Oenver, CO -198. to presen t Municipal and Governmental Legal Expe rience : Assistant County Attorney Adams County , CO -1970-1972 Assistant City Attorney ar.d Prosecuting Attorney Corr,'llerce City, C -1Q7n-19e, r:cs~=u·1:y n··c:~e% t~:::~a.en~. :~ -:;~c-.~-: A!!-.!ta:::: :!:)• A~:::ney a:id ?:osec..::.:.ng h::cn:ey E:i;~~o~, :o -1~-:-:9e: C!t}' Atto:ney ~a!ayet:e, CO :~-~-!99C Personnel Haar1n9 Off1cer: Northglenn, CO Blac;;hawk, CO Parker, CO E:i:abnh , CO Littl eton, CO Englewood, CO Judicial Experience: Pres!ding Judge Northglenn, CO -1982 to present Presiding Judge Federal Heights, CO -1982-1990 Pres!ding Judge Comzr.erce C!ty, CO -1961 to 2002 P:es_j1ng Judge Lochbui e, CO -1999 to 2002 P:es!ding Judge Hudscn, CO -2001 co present Adznin1strat1ve Law Judge Ada~s Cou~ty, CO -1988 to 1994 • • • • A~ICRIC.-\'.\ AR!llTRATIO \ ;\S!o-OCIATIO'i RL'-l"\H H>ll\1 Ce"'1-·es;~~ tl.do 1'1",1 P1~ &J1C so..rtr Cour-~) A.oc !< S.Jtt :WS • \"ilTI.;~;.• COS:; .. 1: ,))I • l e-e~ /S?t.i ~3t.:9-:2 , Fa:11"l'W' i70 53-c;..2•::: • John P. DiFalco CllRR EJliT EM PLO\'ER/flTLE: Self-employed -Arbitr:nor 'Mediator DiF:Jco Corporation -President OCCUPATIO!\: Anorney. Arbitrator EXPERJENCE: Over 35 years of experience as o civil trial lawyer special izing in government, admin istrative. 1111d business contract law including signJicant experience in the practice of arbitration. mediation, and other forms of alternative dispute resolution. As a municipal anorney. panicipatcd in the constrUction management of major projects inlcuding performing arts center; senior center; recreation facilities; airpon improvements: and was1ewa1er, transponation. and waterways. Familiar "ith disputes relating 10 differing si1e conditions; design defects ; change orders: suret~ bonds: and municipal, state. and federal contract la". Possesses considerable go,·cmmcm experience. including negotiation~ with federal and state go,·emmcnt agencies in connection "ith the construction of put,lic bui ldmp.s. wastewater and water treatment facilities. U'allSit syStcms. and airports. Adjunct Professor Law at Regis t;ni"ersity in Dcn,cr, Colol"ldo. Arhitrator since 1980 As panelist for the American Arbitration Association and 1he Federal Mediation and Conciliation Service, has engaged in the practice <'f labr,r. commercial, and construction arbitration. mediation, and 01her alternative dispu te resoh:::on . Clients include numerous public and private entities throughout the na1ion. Experience in mediating or arhi1ra1in g cases involving arbilrabil ity. contract interpretat ion. delays, design defects. product liability, remedies, and many other ii sues. ISSU ES: Arbi1rnbility, benefits. couiract interpretation. dischnrge. discipline. discrimination. external law. grievance procedure. job assignments. job c lassification. pay, ~niorily. subcontrac1ing out. tenure issues (higher education ). timeliness. lNDllSTRI ES: Entcnuinment, government (federal. state and local), grocery. high~r i:ducmion. meat packing, mini ng. oil and gas. postal. professional spons, public util it ies. retai l, schoo ls. s1ccl, te lephone . trans(l(lrtotion. \\ORI-: 1-!I STO RY : President. Di Falco Corpo ration. I 980-pr,·scnt : O""ncr . John P. Di Falce, & As. oci mc ;. P ... !9 87-2003: Citv Anorncv. Citv of Greek,·. CO. 1980-1 987: Cnie f Ne~otiator 'Labor Relation s An omey. CitylCowity of Dcn.vcr. 1977-1.980: Mearing Examiner. U. •. Posllll Sm·ice . !97~-1977: Attorney & Labor Relations Specialis1. C.S. Post al Sen •icc . 1972-1977, Attorney. Real Esta te and Procurement: Genera l Counsel. U.S. Postal en·ice. EDt"CATIOJ\: Ohio State Universi ty (BA-I 965: JD-1968 ); Cniversity of l\orthem Colorado (MA-1986). PROFESSIONAL ASSOCIATIO S: American Bar Association (Committee on Publ ic Employee Bargaining); Co lorado Bar Association (Lab or Law Section); Federal Bar Association (Co mmittees on Public Sector Labor Re lations, Arbitration Comminee, and Office Management Comminee); Industrial Relations Research Association; Phi Delta Phi International Legal Fraternity; International Platform Associati on ; National Academy of Arbitrators. PROFESSIO AL LICENSES: Admined to the Bar : Ohio, 1968 ; Co lorado , 1972 ; District of Columbia. 1987; U.S. Distric t Coun, District of Co lorado; U.S . Coun of Appeals : Tenth an d Federal (1986) Circui ts; U.S. Supreme Coun (1972 ). PUBLICATIO . SAND SPEAKING Ef'iGAGE MENT S: ··Toe New Ethics Regulations· Confusing an9 Likely to Be Changed ", PO TMASTERS ADVOCATE, March 1991; " exual Harassment Revisi ted", POSTMASTERS ADVOCATE , May/June 1989:" uprcme Cou rt Permits Office Searches of Public Employees", POS TMASTERS ADVOCATE , December 1987 ; "Twe nty Rules fo r Effective Meaningful Bargaining". POSTMASTERS ADVOCATE, August 1987; "Chi ldren as Negotiators: Is Their s an Acquired or Inherited Trait ?", POSTMASTERS ADVOCATE. Jwi e 19 87 ; "The Law and Policy on Sexual Harassment", NAT IO AL LEAGUE OF CITIES, 1984; "Co llective Bargaini ng", NEW ENOLA D MUN ICIPALITIES , 1982 ; reprinted , NIMLO LAW DOCKET, 1983 and WASHINGTON ASSOCIA T!ON OF CITlES , I 983; "Negotiation Impasse Planning". OKLAHOMA MUNJCIPALITIES, 1981; "Municipal Strike Planning", COLORADO MUI\ICU'ALIT!ES, 1980 ; SUPERV ISOR 'S GUIDE TO DISCIPLINE , 1979. revi~ed 198 5; "Management Negotiators: A New Breed", NATION'S CITIES , May 1978 ; "Rights of Criminals Whi le Incarcerated ", OHIO STA TE UNIVERSITY LAW JOURNAL, 1978; DISCIPLINE AND GRIEVANCE HA DLI G, 1973 , revised 1986 . AL TERNA Tl VE DISPUTE RE OL TIO N TRAINlNG: Bas ic AAA Arbit ra tor Training , Denver, CO ; AAA Ad,anced Arbitrato r Train in g. ew York , • • :--1Y ; Labo r Arbitrator LI . Phoenix , AZ ; Ad,·anced Arbitrator Trai ning , Phoenix. AZ. • LO ALE: Fo rt Collins. CO/Denver , O.Love land, CO • • • COU CIL COMMUNICATION Dale : Agenda Item : Subjed: NO\ember 16 , 2009 11 C iii Motion to approve an amendment to the Ameresco Technical Energy Aud it agreement Initialed 81~ Staff Source : Cir. Manager 's Offi ce 1ichael Flaherl\. Deputy Ci t, Manag er COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has expresse d str ong interest in promoting energy eiiiciency. as well as altern ative and rene\\ ab le energ1. Las t ye ar , staii initiat ed efforts to add res s ene rg y effi cie ncy and to de elop a plan ior implementation of "G reen City" ini tia ti1 es . To that end, City Council approved a Memorandum 01 Understan d (MOU) with the Governor's Energy Office (GE O) on October 20. 2008. On May 4, 2009. City Council approved. by Resolution #38 of 2009, selecti on of Ameresco , In c. as the City's Energy Serv ice Compan y. Cit) Co uncil subsequen t! · approved, by Motion, an agreement between the City and Amere sco for th e provision oi a Technical Energ\ Aud it. RECOMMENDED ACTION Staff re co mm ends Cit)• Counc il approval, bv motion. of Am end ment #1 to the Ameres co Techn ica l Energ, Audit !TEA ). to provide ior the inl'est ig ati on, des ign , developmen t. an d implem entation of Photovolta ic !solar) sys tems at various Ctl) facili ties. BACl(GROUND Last ye ar, the GEO comple ted a feasibilil)' stu dy io r energy pe rforma nce co ntra cting for th e City. On Janual') 9, 2009, th e City issued a Request fo r Pr oposals for con tr act ing wi th energ\' service co mpan ies !ESCO) to provide a Techni ca l Energ\ Audit and potentia l energy performance contra ct. Ameres co , Inc. \\'as selected to SPrve as the Cil)•'s ESCO for conduc ting a technica l energy audit. TI,e Amer esco co ntra ct was approved b)' Cir., Coun cil on June I , 2009. Th e Tech ni c,11 Energy Audi t ,s sched ul ed tor completion i n mid -Decembe r. During inve stiga tion oi potentia l energy efrkienC\ measures, Ame resco proposed to co nduct the neces,a l')' research in ord er to dete rmin e the teasibil tl)· of in stall ing photOl'olt aic IPV ) sola r panels at , arious Ci t, fac ili ties. Thi s is not part of th eir current co ntra ct with th e City for provi ion of a Technica l En erg, Aucl,t nor would it be par t of th e planned En ergl' Performance Contract. both oi "hich are being cd rr ied out under th e requiremen ts of the Gove rn or 's Energy Office . It de t ~rmined to be ieas ible , th e provis io n oi PV systems on Ci l)• tacili ties wou ld be done by Ameresco under a powe r purchase agreement in wluch Ameresco "ould provide the PV sys tems at no cos t to th e Ctl)· and th e Cit) would pu rc has e the energ 1 produced fr om th e PV sys tem at a ii>,ed rale Ameresco "ould be eligible tor 1a, cred11 bene11ts d1a1 appl1 10 • ma1e corpo,auon but nol a • 11ub11<. 11a, e,empll en1111 In order ,or the c,11 10 gel 1h~ bes1 m1orni.111on .ind anal, sis ot 1h1s r~nl'\1,1lile energ1 opportun ,r,. Ameresco must penorm more on-depth anal1sis 01 e\1s11ng co nditions, and ii deen,ed ieas ible and beneficial. de, elop and design the PV svstem and II ork with 1he C/11 10 nego1ia1e a power purchase agreemen1 iPPAI. Ame,esco would be a sole-source prm oder for the complete im est,gabon. design. de1 elopmenL and lmplementa 1,on oi a P\ S\'Stem "ith the e_~pectahon tha1 the Cir, "111 negohate and enter into a power purchase agreement with Ameresco. There ,s no di reel cos t '"' olved In this proposed amendment. \<'Jhile 1here are other pri, ate companies tha1 can also pr01ide similar services,\\ e be_lie, e it is important to continue our partnership" ith NnerP<Co. Since we are working" 1th Nneresco on all other energy efflc,ency related improvements, the\ will be able to approach the matter irom a comprehensive pe~pective. taking all other energy-rela ted elemen ts inlo account. I( the amendment Is appro, ed and If the PV Sl'Slems are found 10 be ieaslble. a formal agreement be11,een Ameresco and the Cir,• w,11 be prepared at the appropriate ume and bt, submitted to Cit\ Council for app,oval FIN ANCIAL IMPACT There are no costs to the C,r,, for the proposed inl'est,gatil e or de1 elopment sel\ ices under this amendment to the Technical Ener8) Audit Agreement. LI ST OF ATTACHMENTS Amendment #1 • • • • • Amendment #1 Ameresco has performed a high level assessment a~ to the feasibility of the City buildings supporting solar photo voltaic arrays and providing various amounts of electricity at multiple City sites. Ameresco understands the City's interest in participating in receiving and purchasing , for City uses, renewable energy from these PV sources. In addition, Ameresco has preliminarily consulted with the City regarding the City's options of entering into a Power Purchase Agreement (PPA). The PPA arrangement will entail Ameresco owning and operating the PV system , and allows the City to purchase this renewable electric commodity . The cost of the commodity is to be determined! during the detailed development and design phase . In order for the City to get the best information and analysis of this renewable opportunity Ameresco must perform more in-depth analysis of existing conditions, develop and design the PV system , and work with the City to negotiate a power purchase agreement (PPA), Ameresco shall be the City's sole source provider for the complete investigation , design, development, and implementation of a PV system ; this with the expectation that the City will w0rk in good faith effort to negotiate and enter into a Power Purchase Agree,, .ant with Ameresco . Conttact fo r Technical Ener gy Audit and Project Proposal This Contract, dated June __ , 2009, is entered into by and beiween Amercsco, Inc. (hereinafter called ''Cont111C1or"), and the City o f Eng lewood , Colorado , (hereinafter called the 'Th· ner"). WHEREAS, t:1e City of Englewood is the owner of a number of public facilities which consume energy and water; and WHEREAS, the State of Colorado Governor's Energy Office coordinates a program under§ 24-30. 2001, C.R.S., under which approved entities may contract with local governments for Technical Energy Audits And Project Proposals; and WHEREAS, the purpose of the Technical Energy Audit and Project Proposal is to identify energy and water conservation measures which, if implemented, will over a period of time justify the cost of the Technical Energy Audit and Project Proposal; and WHEREAS, the parties wish to establish the terms and conditions under which Contractor will perform the Technical Energy Audit and Project Proposa~ compensation for which will either be paid through an Energy Performance Comract to be later ncgotiatcd or, if no such Energy Performance Coruract is entered into, such compensation will be paid diiectly to Contractor. NOW, THEREFORE, the parties do hereby agree as follows: I. EFFECTIVE DATE A.Jlil) liOTICE OFNONLIABCLITY. This Contract shall not be effective or '!:lli>rceable UDtil it is approved and sigrned by the Owner or its designee (hereinafter called the "Effective Date"), but shall be effective and enlorceable thereafter in accordance with its provisions. The Owner shall not be liable to pay or reimburse Contractor for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 2. RECITALS A. Authority, Appropriltlon, and Approval Authority exists in the law and ful¥1s have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment and the required approval, clcmnce and coordination have been accompl ished from and with appropriate elected and appointed Owner officials. B. Purpose and Stat•'s Rolt This Contract is for political subdlvi~ions to use to obtain a technical enetgy audit of their mcillt ies from a GEO pre-approved private energy service company (ESCO). The purpose of the aud it is to perform the Work set forth in §6, be low. P•ge I of2I 3. DEFtl'\ITIO.'iS The fullowing tenns as used herein shall be construed and interpreted as follows: A. Contract "Contract'' means this Contract, its provisions, attached exhibits, documents incorporated by reference under the tenns of this Contrac~ and any future modifying agreements, exlubits, anachments or references incorporated pursuant to Owner's Fiscal Rules and Policies. 8. Work Worlc consists of the tasks Contractor is to peri>nn in otder to ful.fill its ob.igations wider this Contract. c.Goods ''Goods" means any physical item used, produced, or manufactured either separately or in conjunction with the Worlc performed and Services rendered hereunder. D.Servlces "Services" means services perli>nned or tangible material produced either separately or in conjuoction with the Worlc performed and Goods provided hereunder. E. Subcontractor Third-party vendors of goods and/or Sl%Vices, if any, are hereinafter referred to as "subcontractors." F. Parties "Party' or "Parties" means one or both of the Own er and Contractor. 4. TERM and EARLY TERM.INATlON A.Initial Term-Work Commencement The initial term of this Contract shall commence on the later of either the Effect ive Date and terminate upon completion of Work, unless !IOOner terminated as provided for below, herein. Performance of the Parties' respective obligations under this Contract sha.11 begin as soon as practicable following c.ommencement of the initial term B. Temporary Extension At its sole discretion, the Owner, upon written notice to Contrador, may unilaterally extend the term of this Contract for a period not to exceed two months if the Parties are negotiating a Paac 2 of 21 rcpla=cm contract land not merely seek111~ a tern: c"ensionl at or near l~ end of an) 11111,al term or an extension thereof. The prol'isions of the Contract III effect when said noucc 1s g1Vcn, including, but not limited 10 prices, rates, and delivery requirements, shall remain in effect during said two month extens10n. However, the two-month extension shall 1r.t:ned1a1cl)' 1errruna1c when and ifa replacement contract becomes effective followll\g the Owner's approval and signature. C. Euty Termination This Contract is subject to early termination in accordance with the provisions of the Remedies sea ion below herein. 5. ST A T.EMENT OF WORK A.Work Contracto r shall perform a Technical Energy Audit at the location(s) tisted in Exhibit C, an ached hereto and incorporated by reference in accordance w11h the Scope of Work described in w Exhibit A, also atlachcd hereto and incorporated by reference herein. The panics acknowledge that Extubi1 C may be modified 10 include and exclude loC8rioos, but all such modifications shall be in writing and executed by both parties before such !Mdifications ere deemed effec1ive. The audit shall determine the feasibility and coSt of implementing energy and water saving measures for the Owner and, based on such determination, Contractor shall submit a Project Proposal scning forth a plan for implementing such measures through an Energy Performance Contract. Owner ~hall acknowledge acceptance of lhe Technical Energy Audit Repon in a form substantially similar 10 Exlu"bit B anached hereto. Aoecptanoe of the Technical Energy Audit Rcpon shall not be construed as acceptance of the Project Proposal, but is simply aclcnowledgemcnt that the T cchnical Energy Audit Repon has been received and a.ccepteJ by Owner. Owner shall sec lO it that the Notice of Acccptanoe ofTechnical Energy Audit Repon (Exhibit BJ is received by Controctor within thiny (30) days ofOwner's receipt of the Technical Energy Audit Rcpon. Nothing in this Contract shall be construed to require Owner to enter into an Energy Performance Contract with Contractor. However, should Owner in its sole and absolute discretion choose to enter uno an Energy Perfonnance Contract based on Contractors Project Proposal, such a contract shaU be executed within six y (60) days of Owner's delivery of the Notice of Acceptance of Technical energy Audit Repon (Exlubit B) to Contractor. The deadline for execution of the Energy Perfonnance Contract may be cxtcnded upon request b)' Owner to allow Owner lo secure third-party funding ncoessary fur implcmcnt:ition of the energy savings found within Contraaor's Project Proposal. Ar,v Energy Performance: Contract entered into between the panics shall comply with § 24-30- 2001, C.ltS. B. Time of Per formance The Work shall b~ completed during the in11tal term or any extension thereof. Pago) of2 I C. Goods and Sen•lces Contractor shall procure goods and ser-ices necessary to complete the W<':~ provided for herein. D. Employees All persons employed hereunder shall be considered Contractor's or subcontraaors' employee(s) fur all purposes and shall not be employees of the Owner for any purpose. 6. CONTRACTOR COMJ'ENSATION A. Compensation Baiis and Amount The amount ofCorunctor 's compcnsatio:n fur the Technical Energy Audit and Project Proposal shall be determined in accordance with the Fees section of the attached Elthibit A, which Fees shall be applied only to facilities actually· audited by Contractor. The Owner shall not be liable to pay or reimburse Contractor for any performance hereunder prior to the Effective Date. B. Pay ment Through Energy Pe rformance Contract F w1dlng Mcchanl1m1 Should Ownci and Contractor enter into an Energy Perfonnance Contract as contemplated under Section 7 (A) above, any compensation owed to Contractor attributable to completion of the Technical Energy Audit and Project Proposal shall be paid exclusively through the funding mechanisms set forth in the Energy Performance Contnct. C. Paymen t in th• h brr.nee of Energy Performance Contnct Should (\\\11a a."1C! ~ ontractor not enter into an Energy Prrmrmancc Contract as provided under Section ,; (.'.) a..ove, Owner shall remit payment LO Conll3Cl0r for the tull amount of all com~,..i.,~ owed to Contractor atmoutable to the completion of the Technical Energy Audit and Project Proposal, with any such compensation due under this sub-section shall be paid within one hundred twenty (120) days of Owner's delivery ofExluoit B. Provided. however, that if the deadline for entering into the Energy Perfonnance Contract is ext ended 8.!l allowed in sub-section 5 (A) above, the deadline lb• payment of compensatio n under this sub-section shall likewise be extended. D. Proj ect With Jasuffident Saving. The parties acknowledge that the purposeoflhc Technical Energy Audh is to enable Contraaor to identify potential energy Ind water savings which, if implemented, will provide Owner with funding options sufficient to pay the costs of implementing such savings. Should the Contractor determine et any time during the Technical Energy Audit that savings cannot be attained to meet Owner's terms as required by CRS §24-30.2001, th< Technical Energy Audit shall be terminated by written notice by the Contractor to Owner. In this event this Contract shall be terminated and the Owner shall not be liable to pay Contractor, in whole or part, the Compensation to Contractor specified in this Section 7. Page4 of21 E. A,·allable Funrls-Contln gen cy-Remedlcs The Owner is prohibited b>• law from making fiscal commnmcnts beyond the term of its current fiscal period. Therefore, Contractor's compensntion is contingent upon the continuing availability of Owner appropnations as provided in §2 of the Colorado Special Provisions, set forth below herein. If federal appropriations or Contracts fund thlS Contract in whole or in pan, tbe Owner's performance hereunder is contingent upon the continuing availability of such funds. Pa~cnts pursuant to this contract shall only be made from available funds encumbered for this Contract, and the Owner's liability for such paymentS shall be limited to tho amount remaining of such encumbered funds. If Owner funds are not appropriated, or otherwise become unavailable to fund this Contl11ct, the Ov.ner may immediately terminate the Contract in whole or in part wnbout further liability in accordance with the Termination for Cause subsection of the Remedies section of this Contrae:1 . All payments arc subject to the general Remedies section of this Contract. F. Rerun of Fuoch Any funds paid to Contractor hereunde, which are not expended in connection herewith shall be refunded by Contractor within 30 days~oftermination bereo( Any funds not required to comple!e Contractor's obligations hereunder shall be de-obligated by the Owner. If Contractor receives overpayments, Contractor shall refund all excess funds to the Owner w~thin 30 days of the later of (I) the receipt of such funds, or (2) the determination of such overpayment Under no circumstances shall unexpended or excess funds received by Contractor under this Contract be refunded or paid to any pany other than tho Owner. G.Erroneom Paym~ou-Remedles Paymems made to Contractor in error for any reason, including, but not limited to ovetpaymcnts or improper payments may, at the Owner's sole discretion, be recovered from Contractor by deduction from subsequent payment under this Contract or other contracts between the Owner and Contnctor, or by other appropriate methods. 7. REPORTING-!',OTmCA TJO:'i Reports and analysis required under this section shall be in accordance with procedures and in such fonn as prescribed by the Stme of Colorado -Governor's Energy Office/GEO. /1.. Liti&ation Within l S days after being served with any ple3ding or process filed in a legal or administrative proceeding in any court or admin>Strativc agency related to Ibis Contract, Contracto r shall notify the Owner of such action and deliver copies of such pleadings to the Owner's principal representative in accordance with the Notice section of this Contract hac S of21 a.Remedies Contracto r·s failure to provide reports &lld notify the Owner Ill a timely niaMer u1 ocnordancc with this section may resuh in the delay of payment of funds and/or tcnrunauon under Section 16 of this Contract. 8. CO:-lTRACTOR RECORDS Cootn1ctor shall make, keep, maintain and allow inspection and nxmitoring oflhe followlllg rer..ords: A. Mafo tenance Contractor shall maintain a oomplete file of aU records, documeois, communications, notes and othtz written materials, e!OCll'Onic media. files or oommunications, pertaining in aoy maMer 10 the Worlc. Coouactor shall maintain S\lCh rec,ords for (i) a period of three ycan after the date this Contract is completed orterminAred or final payment hereunder, whichever is later, or (ii) for such further period as may be necessary to resolve any pending matters, or (iii) until an audit 11115 been completed and its findings have been resolved. B. lnspectlon Contractor shall ponnit the Owner or any other duly authorized agent of a governmental agency to audit, inspect , examine, excerpt, copy and/or transcnoe Contractor's records relmd to this Contract and for a period of three years lilllowing terminal.ion hereof or final payment hereunder, whichever is later, to assure compliance with the terms hereof or 10 evaluate Contractor's performance hereunder. C. Mo nitoring Contractor also shall pennit the Owner or any other duly authorized agent of a governmental agency, in their sole discretion, to monitor all activities conducted by Contractor pursuant to this Contract using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, and formnl audit examinations, 9. CONFIDENTIAL INFORMATION-OWNE R RECORDS Contractor acknowledges that it may become privy 10 confidential infonnation in OOMection 11,~th Rs performance hereunder, including, but not limited 10 Owner rccords, pmonnel records, and information concerning individuals. A. Confidentiality It shall be Contractor's responsibility to keep nil Owner records and information confidential nt all times and 10 comply with nil laws and regulations concerning confidentiality ofinfonnation to lhe same extent applicable 10 the Owner. Any request or demand for infonnatlon in the P•a• 6 of21 possession of Contractor made by any third party shall be immediately forwarded to the Ownei , principal representative for resolution. B. Notification Contnaor shall notify its agent, employees, sub-contt1dors and assigns who may come tnto contaa with oonfidential information that they are subject to the confidentiality requirements set forth here and shall provide each with a written explanation of such requirements before they are permitted to access infonnation. C. Use, Security, and Retention No confidclllial infi>rroation of any kind shall be distributed or sold 10 any third party or used by Contractor or i1S agents in any way, except as authorized by the Contrac:1 and as approved by the Owner. Contractor shall provide and maintam a secure environment th at ensures confidentiality of all Owner records and other confidential information wherever locat ed. Confidential in forroation shall oot be retained in any files or otherwise by Contnctor or its agents, except as set forth in this Qin tract and approved by the Owner. D. Dflclosure-Ll ablUty Disclosure of Owner ncords or other confidential information for any r eason may be cause for legal action against aintractor or its agents by third parties, and defense of any such action shall be Qintractor's ,ole responsibility. E. P UBLIC RECORDS LAW DISCLOSURES Contractor acknowledges thal, as a governmental entity, Owner may be required to disclose public records pursuant to the Qilorado Open Records Act (§24-72-201 , et seq.). Qintractor agrees that, should any public records in its possession be Tequested for produaion by Owner pursuant to a bo1UJ/ide request under the Open Records Act, Contractor will provide such documents without charge to Owner. 10. C ONFLICT OF ~"TEREST A. Defin ition an d Appearan ce Contractor shall not engage in any business or personal activities or practices or maintain any relationships which cooflia in any way with the full performance ofQiotractor's obligations hereunder. Contractor aclcoowledgcs tbal with respect 10 this Qintract, even the appearance of a conflid of interest is harmful to the Owner's interests. Absent the Owner's prio r written approva~ Contractor shall refrain from any practices, activities or relationships that reasonably appear to be in conflic:1 with the full perfunnanee of aintraaor's obligations to the Owner hereunder. Page 7 of21 n. Specific Prohibitions Contrac:tor's and sub-Contractor's officers. employees, or agents shall neither solicit nor ac:cep1 gratuities, favors, or ao)thing of monetary \'&lue from Contractor, potential contractors, or pames to sub-agreements. Co n1ract0r's employees, officers, aod agents or any pennilled sub-Contractor shall not panicipate in the selection, award, or administration of this Contract or sub-Conuact if a conflict of interest or the appearance thereof would occur. Such a conflict would arise when any of the following has a financial or other interest in the firm selected for award, 10-wit: I. an employee, officer or agent; ii. any member of the employee's immedia!e &miJy, iii " employee's panner; or iv. an organization, which employs, or is about 10 employ, any oftbe aforementioned. C. Dmrmlnalion by Owner-Dd1ult If Contractor is uncenain whether the appearance of a conflict of interest ex.ists, Contractor shall submit to the Owner a disclosu:e statement setting forth the relevant details for the Owner's consideration. Failure to promptly submit a disclosure stalemenl or to follow the Owner's direction in regard to the apparent conflict shall be considered a material default of this Contract. D. Code of Perfonnance Cowactor and sub-contractors, if aoy, shalJ maintain a written code of standards governing the performaoce of their respective employees, agents, and contractors engaged in the award and administration of this Contract. Contractor shall provide a copy of such code to the Owner within 15 days of the Owner's written request therefore. I I. W ARRANTJF.S A. Services and Goods During the term of this Contracl, Contractor, as part of Contractor's obligations hemmdcr and at no additional cost to the Owner, warrants, as follows: l Specifications All Services perfonned and all Goods delivered shall meet the specifications set fonh in this Contract and are acceptable to the Owner. II. Suits, Claims, and Aclioos There are not nor will tbere be any pending or threatened suits, claims, or actions of any type with respect to the Services or Goods provided, and Page 8 of21 1IL Liens and Encumbrances All Services perfor:ned and Goods provided arc and shall rer:uun tree Md clear or any liens, encumbranw, or claims arising b) or lhrough Contractor or any pany relaled lo Contractor. B. Standard and Ma nner Of Performance Contractor shall perfonn the Work in accordance with the highesl standard of care, skill and diligence pro,~ded by a profes.stonal person or company in performance ofsbnilar Work. C. Inspection and VerlOcation The Owner reserves the righl to mspect all Services and Goods provtded hereunder at all reasonable times and places tO venfy that they con&mn to the requirements of the S111emen1 of Work section of this Contract. D.Remedles If the Contractor breaches any of its warranlies, the Owner may require Contractor to promptly perform the Services or provide Goods again in confurmity wilh Contract requirements, at no additional cost to the Owner. If such breaches cannot be, or art cured, the Owner may, in addition to any other remedies provided or in this Contract, require Contractor tO take necessary action to ensure that future perfonnance confonns to the provisions of this Contract; and equitably reduce tlte payment due to ContractOr to reflea the reduced value of the Services performed or Goods provided. Any reduction, delay or denial of payment wider this provision shall 001 oonstitute a breach of Contract or default by the Owner. 12. REPRESENTATIONS A, Licenses, Permits, Etc. Contractor warrants that as of the Effective Date it has, and that all times during the term 1,.-r.?-:>fit will have, at its sole expense, all licenses, certifications, approvals, insurance, pcnnits, ond other authorizations required by law to perfurm the Services and/or deliver !he Goods specified herein. Additionally, all employees of Contractor perfonning services urider this Contract shall hold the required licenses or cenilication, if any, to perform their duties. Contractor, if a foreign corporation or other entity transacting business in the State of Colorado, tun her certifies that It cum:ntly has obtained and shall maintain any applicable cen,ficatc of authom y to do business in the StmeofColonu!o and has designated a registered agent in Colorado to aecept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Con!ractor to properly pcri,rm this Contract, shall be deemed to be a detiuh by Contractor and g10unds for terminauon for cause of this Contract. B. Legal Authority P1ge 9 of21 Co ntraaor warrants that it possesses the legal authonty 10 enter uuo tius Contract and that n has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and 10 lawfully authorize its undersigned signatory to execute tlus Co ntract and to bind Contractor to its tenns. The person signing and executing this Contract on behalf of Contractor hereby represents, warrants, and, guarantees that they have full authorization to do so . C. Tax Exempt Statu s The Owner represents that it is not liable for any sales, use, excise, property or other taxes imposed by any federai state or local governmental authority, oor li>r any Contractor franchis e or income related taX. No taxes of any kind shall be charged to the Stale. The Owner's FEIN # is 84-600072B and its tax exempt # is 98-03476. Contractor shalJ obtain and maintain insurance as specified below herein at all times prior to the tcrmioation or expiration of this Contract: A. Worker's Compensation Worker's Compensation Insurance as required by state statute, and Employer's Liability Insurance ooveriog all of the Contractor's employees acting within the cowie and scope of their employment. 8 . Genual Liability Commercial General Liability lnsuranoe written on ISO ocairn:oce form CG 00 01 I 0/93 or equivalent, oovcriog premises operations, fire damage, independent oontractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as li>llows: I. S 1,000,000 each occurrence ll S2,000,000 general aggregate; Ill $1,000,000 products and completed operations aggregate; and Iv. SS0,000 any one fire. If any aggregate limit is reduced below S 1,000,000 because of claims made or paid, the Cootraaorshall immediately obtain additional insurance to restore the full aggregate limit and furnish to the Owner a certificate or other document satisfactory to the Owner showing compliance with this provision. C. Automobile Liability Pa1• 10 of 2I Automobile Liability Insurance CO\'CMg any auto (including owned, lured and non-owned autos) with a minimum limit as follows: S 1,000,000 each accident combined single limit. O. Additional Insured The Owner shall be named as additional insured on the Conunercial General Liability and Automobile Liability Insurance policies (leas es and construction comracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CO 2037, or equivalent). £. Primacy Covenge required of the Colll?la shall be primary over any insurance or self-insurance program carried by the Owner. F. Cancellation The Insurance shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to the Owner by certified ma.ii. G. Subro11ation Waiver All insurance policies in any way related to the Contract and secured and maintained by the Contractor as required herein shall include clauses Staling that each carrier will waive all rights of recovery, under subrogation or otherwise, against the Owner, its agencies, instirutions, organizations, officers, agenJS, employees, and volunteers. B.Satisfac:tory Insurers Al l insurance policies and coverages required hereunder shall be issued by reputable msurance companies satis factory to the Owner. I. Certifi cates Contractor shall providL 0t ••1ficates evidencing insurance coverage required hereunder to the Own..+r within 10 busin~ d:iys of the Effective Date or before commencement of Contractor's per1. 'lDAnce h•reu.'lder, whichever occurs fust . No later than IS days prior to the expiration date of any such coverag ', C'-0ntractor .hall deliver the Owner certificates of insurance evidencing raiewals thereoL Al an: tirne during the term hcreo~ the Owner may request in writing, and the Contractor shall thereup<,r. w;lhin IS days supply to the Owner, evidence satisfactory to the Owner of compliance"' ith the provisions of this section. 14. DEFAULT-BREACH Page I I or21 A.Denned 1n addition to any breaches or defaults spcdfied in other sections of this Contract, including, 1: ... 1 oot limited to the Colondo Spedal Provisions, the failure of either Party to perfonn any of ,ts obligations hereunder entirely, panially, or in salisfaaory manner, includini but not limited 1-', perfonning them in a timely manner, constiMes a default or breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar legislation, by or against the Coruractor, or the appointment of a receiver or similar officer fur the Contraetor or any of its property, and wch proceedings or appointments are oot vacated or fully stayed within 20 days after the institut::-n or occurrence tbertof; shall also constitute a default. B. Kotlce and Cure Period In the event of a de&ult or breach, notice o f such shall be given in writing by the aggrieved Party to the other Pariy in the manner provided in the Notice sea ion of this Contract. If Sllcb dcfiruh or breach is not cured within 30 days of receipt of written notice or cure of the default or breach has not begun within said period or bas oot been pursued with due diligence, the aggrieved Pmy may terminate this Contract by providing written notice tbcrco~ given in the manner provided fur in the Notice sect.ion of this Contract, effective 15 days from the date the notice oftenninalion was received. 15. REMEDIES If Contractor is in dcfauh Wlder any provision of this Contract including. but not limhed to the Special Provisions, the Owner shall have all of the remedies listed in this section in addition to all other remedies set furth in other sections of this Contract and as available 81 law or in equity. The Owner may exercise any or all of the remedies available to it, in its soledi.screuon, concurrently or consecutively. A. Ear ly Termination In the P ublic Interest The Owner is entering into this C''lntract fur the purpose of carrying out the public policy oftbe Owner, as determined by its elected and appointed officials. If this Contract ceases to further the public policy of the Owner, the Owner, in its sole disefflion, may 1erminate this Conlillet in whole or in part. Exercise by the Owner of this right shall not be deemed a breach of the Owner's obligations hereunder. This subsection shall not apply to a lerminatioo of this Contract by the Owner fur cause or defiwlt by Contnctor, wbicb shall be governed by the Tenninalion for Cause and/or Default subsection of this Remedies section. L Method and Content. The Owner shall give wriuen notice of termination to Contractor in accordance with the ootice provisions of §IS, above, and §17, below, specifying the effective date oftennination and whelher it affects all or a pottion of this Contract. ii. ObUgatlons and RJgbts. Pase 12 of21 To the extent specified Ill the temunauon nonce, Contraaor shall not in cur further ob hgauons or render fun her performance hereunder past the effective date of such no11cc. and shall also 1cnn:na1e outstandtog orders and subconrraas "'ith third panics. Ho"·cver, Coruraet0r shall complete and deliver to the Owner all Services and Goods not terminated by the 1crmina1 ion notice and may incur ob ligations as arc necessary to do so within the Contract tcnns. lo the sole discretion of the Owner, Contraaor shall assign to the Owner all ofContrae1or's right, mlc, and interest under such terminated orders or subcontracts. lipon tmnination, Contraaor shall take timely, reasoMble and necessary action 10 protect and preserve propcny in the possession of Contractor in which the Owner has an 1111ercst. All finished or unfinished documents, data, srudies, research, swveys, drawings, maps, models, photographs, and reports or other materials prepared by Contractor under thlS Conmct or materials owned by the Owner in the possession ofContraaor shal~ at the opnon of1hc O..ner, be delivered by Contractor 10 the o,,,.,er and shall become the Owner's property. Contracior shall complete and deliver to the Owner all Services and Goods not terminated by the termination notice and may incur obliga1ions as arc necessary 10 do so within the Contract terms. UL Payments. If this Contract is terminated by the Owner for any reason other than for Cause as dcscribr.d in sub-scaion B of this Section 16, Contra<:tor shall be paid an amount whiehbcars the same ratio 10 the total compensation as the Services satisfactorily perfonned or the Goods satisfactorily delivered or installed bear 10 the tota! Services and Goods covered by this Contract, less paymcntS previously made. Additionally, if the ContraCI is less than 60% completed, the Owner may reimburse Co ntractor for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Contract) it incurred that are directly attnbutable 10 the uncompleted portion ofComractor's obligallons hereunder; provided that reirnbwsemcnt shall not exceed the maximum amount payable to Contractor. B. Terrnioation for Ca use and/or Default If Contractor m.ils to perform any of its obbgations hereunder with such diligence as is required to ensure their completion in a timely manner and such non-performance co ntinues following notice, the Owner may notify Contractor in writing of such non-performance which specifics a cure period. If Contractor thereafter fails to promptly cure such non-performMCe within such time, the Owner, may, at its option, tcnninatc this entire Contract or such pnn ui•lus Contract as to which there has been delay or a failure to properly pcrfonn. Exercise b) the '1""1cr of this right shill not be deemed a breach of its obligat10ns hereunder. L Mttbod and Content The Owner shall give written notice ofterminlllion to Contraaor in accordance with the notice proV1Sions hereof specifying the e!feaive date of termination and whether 1l affects all or a portion of this Co ntract. IL Obligatlons and Rights Page tl o'.2 t To the extent speci6cd m the tcnmnation notice, Contractor shall not incur further obligallons or render fu.'1hcr perfonnance hereunder past the effective date of such notice, and shall also temunate outstanding orders and subcontracts with third panics. However, Contractor shall comple1e and deliver 10 the Owner all Services and Goods not cancelled by the termination notice and may incur obligations as arc necessary 10 do so within the Contract terms. ln the sole discretion oflhc Owner, Contractor shall assign to the Owner all of Contractor's righl, ::,ie, and interest under such terminated orders or subcontracts. Upon termination, Contractor shall take timely, reasonable and necessary action to protect and preserve property in the possei.s ion of Contractor in which the 0,mer has an intcr~L In the sole disact.ion of the Owner, Contractor shall assign to the Owner all of Contractor's right, title, and int~t under such terminated ordcrs or subcontracts. All finished or unfinished documents, data, studies, research, surveys, drawings, maps, models, photographs, and rcpons or ocher materials prcp111ed by Contr1ctor under this Contract shall, at the oroon of the Owner, be delivered b) Contractor to the Owner and shall become the Owner's property. iii. Payments The Owner shall only reimburse Contractor for accepted Services and Goods rcccived L f 10 ,, , date ofterrninBlion and, if after termination, it is determined that Contractor was not in dela~lt or that Contractor's action/inaction was excusable, such tennination shall be tre81ed as a termination for other than Cause and the rights and obligations of the Parties shall be the same as if this Contract had not been terminated for cause, as descnbed above herein. iv. Damages and Withholding Kot withstanding any other remedial action by the Owner, CootraCIOr also shall remain liable to the Owner 1hr any damages sustained by the Owner by virtue of any defall, under this section by Contractor and the Owner may withhold any payment to Contractor for the purpose of mitigating the Owner's damages, until such time as the exact amount of damages due to the Owner from Contractor is determined . Further, the Owner may withho ld amounts due to Contractor as the Owner deems necessary to protect the Owner against loss because of outStanding liens or claims of former lien holders and tn reimburse the Owner fur the excess costs incurred in proCllring similar goods or services. Contractor shall be liable fur excess costs incurred by the Owner in procuring from third parties replacement Services or substitute Goods as cover. C. Remedl e, Not lnvoMng Termination The Owner, its solo discretion may exercise the following remedies in addilion to its other remedies, to-wit: i. Suspend Performance Suspend Contractor's pcrli>nnance peming necessary corrective action as specified by the Owner without ent~ling Contraaor to adjustment in price/cost or schedwe; and/or U. Withhold Payment Page 14 of 2l Wuhhold paymen1 10 the Co mracior until oo:reCIIOns tn scniccs ar~ satisfae1011ly oompletod and -or accqxvlc goods are provided, and,or UL Otny Payment Deny paymer11 fur those scrv,ces 1101 pcrfunned and.or 1101 pro,'Kled and which due to circumstances .:aused by the Concraaor CMIIOI be pcrfunned, or ifperfonn~d. would be ofno value IO the Owner; provided tba1 any denial of paymcm II1USl be reasonably rmied to the value of work or pcrfurmance lost 10 the Owner; and/or k •. Removal Demand removal ofContraaor's employees, agents, or subcontraaors whom the Owner deem incompetent, weless. i.,subordma1c, unsuilable, or owe,,..ise wiaccept.ible, or wl,ose oontinued relation 10 this Contract is deemed 10 be oontrary 10 the pubhc m1eiest or not in ID' Owner's best interest, all such cues being within the sole discretion of Owner. 16. l\OTJCE and R.El'RESEI\TATIVES A.l\odce All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail 10 s11cb Pany's principal representatives at the address set li>rUJ below. In addition to hard-copY noru:e, notice also may ht SClll by e-mail 10 the e-mail addresses, if any, set forUJ below Either Party may fi-om time 10 1ime designate by written notice subsmutc addresses or persons to whom such notices shal' he scnL Unless olhe,wisc provided herein. all notices shall be effective upon receipt B. Repruenradves The individuals listed below are the pnncipal rq,rc.<mtanvcs of the respective Panies. W"llh respea to the Owner's rcprescntativc(s), they have awhoruy 10 inspcd and reject goo<b and services, approve invoices li>r payment, and aa otherwise for the Owner, exocp1 with respea 10 1he execution of modifications 10 or 1cmunation of this Contn1a. For 1bc purposes of this Contract, the official rcprescntAtivc(s) and addresses of the P.arties are: l Owner: Page 1So!21 U. Ccntraelor: Contrae1or Name: Amcresco Inc. ~traelor kep. Kame; B JI: Tripathi Tide/Position: Vice President Address: 9801 Westheimer, Suite 302 Address· Houston, TX 77042 Tel: (71 J) 917 6860 Fax: (713) 917 6859 Mobile: <~12) 368 56S5 ~Iii· , •alhi@am.ercsco.com 17. GOVERNMU., AL IMMUNITY Contractor Name: Amcresco Inc. Coruraaor Rep. Jl:ame: David Ccrrsin Tide/Position: Executive Vice President Address: 111 Speen Street, Suite 410 Address: Framingham, MA 01701 Tel: (508) 661-2200 Fax: (508) 661-2201 Email : dcorrsin@ameresco.com Notwithstand.ing any other provision to the contral}', not bing herein constitutes a waiver, express or implied, of any oftbe immunities, rights, benefits, protection, or other provisions oftbe Colorado Govemmenul Immunity Act, §CRS 24-10.101, eueq., as amended. Liability for claims !br ifliuries to persons or property arising &om the negligence oftbe Owner, its departments, institutions, agencies, bolll'ds, officials, and employees ls controlled and limited by the provisions of the Act and the risk management staunes, CRS §24-30.1501, ct seq., as amended. 18. MJSCELLl\l{EOUS A. Bindln1, Eflect Unless otherwise provided herein, all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Panics' respective heirs, legal representatives, successors, and assigns. B. Modl0t1tlon This Contract is subject to such modifications as may be required by clwlges in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into end be part of this Contract on the effective dale of such change, as if fully set fo rth herein. Except as specifically provided herein, no modificalion of this Contract shall be effective unless agreed to in \\Tiling by both Panics in an amendment to this Contract, properly executed and approved in accordance with Owner borne rule statutes a:id fiscal rula. C. E ntlre Undentandln,: Tlns Contract represents tbe complcie integration of ell understandings between the Parties and all prior-epreseotations and understandings, oral or wm!"<I, are merged herein. No prior or contemporaneous addition, delciioo, orotber amendlllCllt hereto shall have any fi>rce or affect wbalsoevcr, unless embed ied herein. Page 16ofll D. Severabillty Provided this Contract can be executed and perfonnance of the obliga1ions of the Panies accomplished "11luo its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shalt not affect the validity of any other provision hereof. E. Counterp1uts This Contract may be executed in mul11pl~ identical original countcrputs, all of which sha ll comlllute one agreement. F. Waiver Waiver ofany breach of a term, proV1Sion, or requiremem oflhis Contract any ngbt or remedy hcreu.~.du, whether explicitly or by lac. .. of enforcement, shall not be oonsrrued or deemed as a waiver of any subsequent breach of such lean, provision or requirement, or of any other term, provision, or requirement . Except as otherwise specifically provided in Exhtoit A, Contractor's rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted, and novat ions shall not occur, without the prior, written consent of the Owner. Any attempt at assignment, tranSfer, subcontracting, or novations without such consent shall be void. All subcontractslsubcontnctors approved by Contracior or the Owner shall be subject to the provisions hereot: Contractor shall be solely responsible fur all aspocu o f subcontracting arrangements and perfurmance. Contraaor shall be solely responsible li>r all sub.:ontraaing ammgernent.s, direai>ns. and performance, including, but not limited to, delivery of Goods and perfurmance of Services. Contractor shall require and ensure that each suboo.ntractor assents in writing lo all of the provisions hereo( including indemoi(yu,g the Owner IS required under the Colorado Special Provisions, below herein. e. Third Party Ben eficiaries Enfurcement of this Contract and all rights and obligations hereun~.er arc reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Contmct are incidental to the Contract, and do 001 a-eate any rights for such third parties. L Survival of Certain Contract Terms Notwithstanding anything herein 10 the contrary, provisions of this Contract requiring continued perfunnance, compliance, or effect after termination hereo( shall survive such termination and shall be enli>rceable hy the Owner if Contraaor fitils to perfurm or comply IS required. J. JuriJdlctioo and Venue Page 17or21 All suns, actions , or proceedings related to this Contract shall be held m the Stnte of Colorado and the Parties herby agree that venue shall be proper lll the Count:• of Anpahoe. IC.Captions The captions and beadings in this Contract arc fur convenience of reference only, and shall not be used 10 interpret , define, or limit its provisions. L Rule or Con traction While the Owner drafted this Contract, the Parties agree that this Contract shall not be suic:!y constru~ agahlit the drafter M. Crder or Precedence The provisions of this Contract sh.all govern the relationship of the Owner and Contraetor. In the c-1ent of confliets or inconsistencies between Ibis Contnet and its exhibits and attachments, such , onflicts or inconsistencies shall be resolved by reference to the documents in the fuUowing order t1 f priority: v. Colorado Speclll Provisions vi. Exhibit A, then "11. Exhibit B, then vlll. Exhibit C, then Ix. Exhibit D. 19. COLORADO SPECIAL PROVlSIONS The Special Provisions apply to all Contracts except where noted in italics. 20.1 , OWNER'S APPROVAL. This COIIIRcl shall not be deemed valid until it ha. been approved by the Owner or designee. 20.2. FUNDAVAILABlLrTY. Financial obligations of the Owner payable after the current fiscal year are contingent upon funds ior that puzpose being appropriated, budgeced, and otherwise made available. 20.3. INDEMND'ICATION . ConlnCIOr $hall indemnify, save, and hold harmless the Owner, iu employees and agents, against any and all claims, damages, liability and co111t awards including costs, expenses, and attorney fees and Page 18 of21 related costs, incurred as o result of M)' act or omission by Contrnc1or, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. 20.4. INDEPENDE1\T CONTRACTOR . Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither contractor nor any agcm or employee of contraetor shall be or shaU be cecmed to be an agmt or employee of the Owner. Contraaor shall pay when due all required Cflij)lo}'IIlel't taxes and income taxes and local head taxes on any monies paid by lhe Owner pursuant to this contract. Coatraetor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such coverage aod that the Owner docs not pay for or otherwise provide such coverage. Contrac!Dr shall have no authorization, express or implied, to blud the Owner to any agrecmeru, liability or understanding, except as expressly set forth herein. Cootraclor shall provide and lceep in force workers' oompcnsa1ion (and provide proof of such insurance when requested by the Owuer) 8111 1 unemploymmt compensation insurance in 1he amounts required by law and shall be solely responsible ·.or its acts and those of its employees and agents. 20.S. NO~-DISCRIMIN A TION. Contractor agrees to comply with the letter and the spirit of all applicable Owner, State and federal laws respce1ing discriminat ion and unfair emp loyment practices. 20.6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Aily provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or wluch is otherwise in conllia with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purpons to negate this or any other special provision in woole or in pan shall be valid or enforceable or available in any action at law, whether by way of oomplaint, defense, or otherwise. Any provision rendered null L'lll void by the operation of this provision will not invalidate the remainder of this contract, to the extcnl that this oontract is cai:able of execution. At all times during lhe performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have b=o or may hereafter be established. 20.7. SOFTWARE PIRACY PROHmmo:-.. Govcmor's Executive Order D 002 00. No Owner or other public fund~ payable under this contract shall be used for the acquisition, operation, or maintenance of cotnpWr $~!\ware in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that, for the tenn of this contract and any extensions, ContJactor has in place appropriate system< ,nd controls to prevent such improper use of public funds. lfth~ Owner determines that Contractor is m viola1ion of this paragraph, the Owner may exercise any remedy available at law or equity or wider this contract, including, without limitotion, immediate termination of this conu,,,;i and any remedy consistent with federal copyright laws or applicable licensing resuiciions. 20.8. EMl'LOYEE FINANCIAL INTEREST. CRS §24-18-201 and §24-50-507. The signatories aver that to their knowledge, no employee of the Owner has any personal or beneficial interr.<;t whatsoever in the service or propeny descnbcd 111 this contract Page 19of2 I 20.9. PUBLIC CONTRACTS FOR SER\'lCE:S. CRS §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly emplo)' or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for emploiment irn the United States to pafonn work under this contract, through participation in the £-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5Xc), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contnct or enter mto a contract "'ith a subcontractor tha! fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to permrm work under this contract. CoOlraaor (a) shall not use £-Verify Program or Department program procedures to undertake prwmployment sa~g of job applicaats while this contract is being performed, (b) shall notify the subcontractor and the Owner within lhree days if Contractor bas aaual knowledge th81 a subcontndor is employing or contracting with an illegal alien mr work under this cont:rac:t, (c) shall tenninate the subcontract ifa subcontractor does not stop employing or contraaing with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an inves1igation, undertaken pursuant to CRS §8-17.5- 102(S), by the Colorado Dep11rt111C11t of!.abor DI!!! Employmctll. If Cootraetor )>A!licipntc, in the Department program, Contractor shall deliver to the Owner or political subdivision a written, notarized affirmation, affirnung that Contractor bas examined the legal work status of such employee, and comply with all of the other requirements of the Department program. if Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contraa for breach and, if so terminated, Contractor shall be liable for damages. 20.10. PUBLIC CO~CTS WITH NATURAL PERSONS. CRS §24-76.5-1 01. Contractor, if a natural person eighteui (18) years of age or older, hereby swears and lffll"IDS uoder penalty of perjury that be or she (a) is a citizen or otherwise lawfully pres= in the United St Illes pursuant to federal law, (b) shall comply with the provisions ofCRS §24-76.5-101 et seq., and (c) has produced one rol'll of identification required by CRS §24-76.5-103 prior to the effective dale of this contract. Paa• 20 or21 Persoru rlptnc for Contractor hereby rwear and 1,rirm that they an autborlud to act on Cooinctor's bdlill and 1ck:nowledce that the Owner Is relytoe on their repmeotatioos to that effed. CONTRACTOR: Ameruco, Inc. Name: B. ~-Tripathi Title: Viet President OWNER: City of Englewood Name: Mike Flaherty Page 21 0r21 Exhibi t A to Technical Energ) Audit & Projecr Proposa l Conrract Sco pe of Work City of Englewood l) Data and Information. Collect dau and background 111fonnatio~ from Ow"cr c~ncemmg facility openiion and energy use for tht nost recent three years fro m the cffecth•e date of th.is Comraa as follows : a. Building square footage . b. Consrrucoon data ofbuildings and major adduions mcluding building envelope. t. ,ltihty company invoices. d Occupancy and usage infonnauon. e. Ocscripuor. of aU cnergy-consumin£ 01 energy-saving equipment used on the premises. r. Descnp:'·.. ·' <r."l'gy management procedures utilized on the premises. g. Dcscnpt10n of any cneigy-rchued improvements made or currently bemg unplemcnted. h. Description of any changes in the smiaure of the facility or energy-using or waier-using equipment. I.Description of future plans reganling building modifications or equipment modifications and replacements. J.Orawings, as avai lable (may include mechanical, plumbing, elcctrica~ building automation and temperarure controls, structural, architecrunil, modifications and remodels). k. Original construction submittals and tiictory dara (specifications, Fump curves, etc.), as available. L Operating engineer logs, mamtenance work orders, etc., as available. m. Records of mainreoance expenditures on energy-using equipment, including service contracts. 11. Prior energy audits or swdies, ir any. 2) Identify PotentiAl Measun,s a. Interview individuals wilh k.oowledgcoftbc facility such as the fac ility manager, mawenance stall; suboontraaors and occupants of each building rcganling: L Facility operation, including energy management procedwes. Ii. Equipment maintenance problems. Iii. Comfort problems and requirements. Iv. Equipment reliability. v. Projected equipment needs. vi. Occupancy and use schedules for lhe facility and specific equipment . ,,u. Facility improvements -pas~ planned and desired. b. Survey major energy-using equipment, including, but not limited to, lighting (indoor and outdoor), beating aod heat distn"bution systems, cooling syStems and related equipment, automatic temperature cx,nuol systems and equipmmt, air distn"bution systems and equipmcn~ outdoor veotil81ioo systems and equipment; exhaUSI systems 811d equipment; hot waier systems, electric motors, transmission and drive systems, special systems such as kitchen/dining equipment and swimming pools, rmewablc energy systems, ot~ energy using system.•, water consuming systems, such as restroom fixtures, '"'ater fountains, and irrigation systems. c. Perform 'late-night" surveys outSide of normal business hours oron weekends to confirm building system and occupancy schedules, if deemed necessary. d. Develop a preliminary liSt of potential energy and water saving measures. Consider the following for each system: I. Comfort and maintenance problems. U. Energy use, loads, proper sizing, cllicicncies and hours ofopcrntion. ~age I ofS Iii. Current operaung condinon. h·. Remainmg useful life. , . Feasibility of system replacement. ,,1. Hazardous materials and other environmental concerns. vii. Owner"s fiJrure plans for equipment replacement or buildu,g renovat10ns_ ,,m. Facility operal10n and maintenance procedw-es that could be affected ix. Capability to monitor energy performance and verify savings. 3) Base-Yea r Consumption. Establish base-year consumption and reconcile ,.,th end-use consu mpt ion emimates. a. Establish appropriate base year consumption by examining utilit y bills for the past three years for electricity, gas, propane, steam, water, and any other applicable utilities. Present base year consumption in terms of energy units (kWh, kW, cc( Therms, gallo~, or other units used in bills). in terms of energy units per square foot, in terms of dollars, an<\ in terms of dollars per square foot. Describe lhc process used IO deu:nnine lhe base year (averaging, selecting most representative co111iguous 12 mooths, mnoval of anomalies, or ocher statistical or weather- normalized method). Consuh with facility personnel to account for any anomalous schedule or operating conditions on billings tlw oould skew the base year representation. Contractor shall account for periods of time when equipment was broken or malfunctioning in calculating the base year. b. Estimate loading, usage and/or hours of operation for all major end u.1es of total facility consumption including, but not limited 10: lighting, heating, cooling, moto111 (fans, pumps, and other pertinent), plug loads, and other major energy and w111er using equipment. Where loading or usage are highly uncemln (including variable loads such as <XJOling), Contractor shall use its best judgment, spot measuremen1s or shon-tenn monitoring. Contnaor should not assume that equipment run hours equal the Opera!Ul8 hours of the building(s) or m,cihty staff estimates. c. Rec.incile llll)ua.l end-use estimated oonsumptioo with the annual base )'Cir consumption. This reconciliation shall place reasonable "real-world" limits on potential savings. Propose adjustments to the baseline for energy and water saving measures that shall be implemented in the future. d. For facilities constructed and occupied r rior to July I, 2005, establish the actual FY 200512006 baseline ut;lity conswnption and compare 10 the EPC base year consumption. Document, analyze, and defend all variances between the EPC base year consumption values and the actull FY 2005/2006 facility baseline utility consuinption. ◄) Preliminary Analysis. Develop a preliminary analysis of potential energy and water saving measures. •· List all potential opportunities, whether cost-effeclive or noL Consider technologies in a comprehensive approach including, but not limited to: lighting and daylighting systems, heati.ng/veniilating/air conditioning equipment and distribution systems, controls systems, building envelope, motOrs, kitchen equipment, pools, renewable energy systems, oth er special equipment, irrigation systems, and water saving devices. b. Identify measures which appear likely 10 be oost effective and therci>re wamnt detailed analysis. c. For each measure, prepare a prebmilury estimate of energy or water cosl savings including description of analysis methodology, supporting calculations and asrumptions used to estimate savings. 5) P reUminary Meeting. Meet with Owner to present preliminary analysis prior to complete analysis, Describe how the projected project ccol1Qmics meet the Owner's terms for oomplcting the Techn ical Energy Audit and Proposal Contract . Discus s assessment of energy use. savings potent1a~ project opponunuics, and potential for developl!lg an energy pcrforman~ contract. Devrlop a list o f recommended measures for funher analysis. The Owner shall at it.s discretion, ha,·e the op!ion to rtjca L'IY prese11tcd calculauons of savings, potential savings allowed, or projcct recommendations. 6) Savings and Cost AnalysiJ . Analyze savings and costs for each murually agreed to energy and water saving measure and any mutually agreed to capital improvement measures. a, !-a llow the methodology of the American Society ofHcating, Refrigeration, and Air COoditionine l-ngmccn (ASHRAE) or o!hcr nationally-recognized 111thorities fo llo wing the engu,rJ"rin& p. ~.ivle(s) idcnufied for each retrofit option. b. UnJi?.< assull'plions, projections and baselines which best represent lhe lnle value offurure energy or llperfltiu1•al savings. Include accurate marginal costs for each unit of savings at the 1ir.1e the audit 1$ puS>rmed, documentation of material and labor cost savings, adjustmems to the baselioc to re!Ject ,-um:nt conditions at the facility, calculations which w:ount for the interactive effects of the rt-> , .ncruled measures, e. Use best judc.im, • regarding the employment of instrumentation and recording durations so as to achiev< o accw 1c and falthfuJ characterization of energy use. d. Use markups Ill(' fees Sl&1ed in contrac:t in all cost estimates. e. Develop a prelimmary measurement and verification plan fi:tr each measure. f. Follow additiont.l guidelines for analysis and report preparation given below . g. Include cost tv provide services and complete application fur ENEROY ST AA Label, LEED- EB certiiication for Existing Buildings, or other Cl?ltification. 7) Draft Aodlt Rep on. Frepare a dnft Tccbnlcal Energy Audit Report. The report prov'.dcs an engineering and economic basis !ilr negoti11ing a potential Energy Performan~ COntraa between the Owner and the Contractor. The report shall include: a. Overview. L Contact infi:trmation. IL Summary table of rcc:ommended energy and water saving measures, with itemization for each measure of total design ind oonstruction cost, annual maintcnan~ oosts, the first year cost avoidan~ (ill dollars and energy/water units), simple payback and equipment service life. iii. Summary o f 8llll1lal energy and water use by fuel type and COSIS of existing or base year condition. h•. Calculation of cost savings expected if all recommended measures are implemented and total percentage savings of total facility energy cost ,,. Dcsaiption of the ex:i5ting facil ty, mechanical and electrical systems. vl Summary description of measures, including cstimlled costs and savings fi>r each as detailed above. vii. Discussion ofmeas\lJ'CS considered but not investigated in detail. vw. COnc:lusions and n,commend11ioas, b. Base year Cllerg)' use. L Description and itemization of current billing rates, including schedules and riders. U. Summaryofall utility bills furall fuel types and water. UL Identification and definition of base year oonsumption and description of how established. Iv. Reconciliation of estimated end use oonsumption (i.e. lighting. cooling. heating, fans, plug loads, etc) with base year (include discussion of any unusual findings ) c. Full description of each cner gy and water saving measure including: L Written description of A. Exis1111g condmons. B. Description of equipment to be instaUed and how it shall function . C. Include discussion of facility operations and maintenance procedures that shaU be affected by 1nstallation/1mplementation. Ll. Present the plan for installing or implementing the recommendation. il. Savings calculations: A. Base year energy use and cost. B. Post-retrofit energy use and cost. C. Savings estimates including analysis metrodology, supporting calculations and assumptions used D. Annual savings estimates. The cost savings for aU energy saving measures must be determined 1br each year during the contnct period. Savings must be able to be achieved each year (cannot repon avenge annual savings over the tenn of the contract). E. Savings IINSI be limited to savings allowed by the Owner as descnbed above. F. Percent cost-avoidance projected. 0. Desaiption and calculations for any proposed rate clwiges. H. Explanation of how savings interactions between retrofit options are aC()()unted for in calc:ulalions. I. Operation 11nd maintenance savings, including detailed calculati !\S and desaiption. Ensure that maintenance savings are only applied in: . : applicable years and only during the lifetime of the plltic:uJar equipment J. If computer simulation is used, include ashort description and st••• key input datL If requested by Owner, access shall be provided to the program an .. all usumptions and inputs used, and/or printouts shall be provided of all input files 1111d imponant output files and included in the Technical Energy Audit with documentation that e ,ilains bow the final savings figures are derived from the simulation program output printouts.. K. lf manual calculations arc employed, formulas, assu~tions and key data shall be stllled. L Conclusions, observations, caveats. iii. r.ost estimate-Include all information required under~ §24-30-2002 u well as a detailed scope of the construction work suitable for cost cs unating. Include all anticipated costs associated with insullation and implement on. Provide preliminary spct ifications for major mechanical components as well as uetailed lighting and water fixture OOWIIS. The following shall &l'IO be included: A. Engineering/design costs. B. Contractor/vendor estimates for labor, materials, and equipment; include special provisions, ovenime, and all other appropriate itentS, as needed to accomplish the work with minimwn disruption to the operations of the facilities. C. Pennit costs. D. Construction management fees. E. Environmental costs or benefits (disposal, avoided emissions, handling of haurdous materials, and any other related costs). F. Note that all markups and fees stated in Exhibit D to the Technical Energy Audit and Project Propoaal Contract (l'EAPP), to which this Exhibit A is attached, shall be used in the cost estimates, unless otherwise documented and justified due to change in scope or size of project or other unforeseen circumstances. l'lp:•ofS G. Conclusior.s obser..-auons, Cl\'e.&15 H. Other cost ca1egorics as define<' abo"c under "'markups" m Contra,t d. M,sccllaneous: L Es1ima1e of average useful sen~ce \Jfe of equtpmem . ii. Preliminary commissioning plan. iiL Prelumnary measuremen1 and verificaaon plan, followmg !he ln1emauonal ?erfomw,ce Measurement and Verification Protocol most C1.11Ten1 ln1ernational Perfunru:nce Monnoring and V enfica1ion Protoool (IP MVP), explain mg how savings from each measuM is to be measured and verified. h•. Discussion of impacts that facihry would incur after oontraa ends. ConsiJcr opermion and main1enancc impactS, staffing impar:t.S, budget impacts, etc., and ldomify who is respor.sible for maintenance. ,,, Compatibility wi1h ex:isting systems. 8) Post-Audlt Meeting. Meet with Owner to review the recommendations, savings calculations and impact of the measures on the operations oftbe facility. Descnbe how lhe projected project coonomics meet the Owner's teans fur oo~leting I.be Technical Enc:gy Audit and Perfonnancc Contnct Proposal Disc-ass the willingness and capabilityofOwner 10 malce capnal comributions to the proJect 10 unprove the eoommics of the overall project. Re-ise Audit as directed by Owner. 9) Complct, and Pt'tSen l Fin a l Tech nical Energy Audit Report. Deliver final audit repori io Owner for appro\'el. Execute Exhibit B to the TEAPP. JO) Proposal Prepare an Energy Performance Contract Proposal using the St,ue of Colorado's Enerty Performance Co111ract documents. In anticipation ofCoruractor and Owner entering into an EllCl'gy Perfonnance Contract to design, install, aod rmnitor the energy and wa•e, saving measures proposed in the Technical Energy Audit Repon, Contractor shall prepare a proposu 10 be incorpormed in an Energy Performance contract that includCJ the following: a. Project Cost is the maximum not w exceec: 11110un1 Owner shall pay for the project and Coruractor's services. Costs must be consistcm with mutually agreed 10 mukups and fees establisb"!ld in Exhiblt D w the TEAPP. Co51s may include but are not limited to: engineering, designing, packaging, procuring, installing (from 1 cnnical Energy Audit Repon resuhs); perfonnance/paymen1 bond costs; construction management fees; commissioning coS!s; maintenance fees; monitoring fees; training fees; and overhead and profit. b. Include a L1S1 of Services that slu,11 be provided as related 10 each cost. c. Expected term of the l::ncrgy Perli>nnancc Cornea. d. Expected 111ili1y me fo recast (cscal!tion or decline) based on bistoncal trends, utility provider rate i>recasts, economic forces of supply and demand (global, national, local or regional), na1ural resource availability, 1cchnology, utility capital investment, and environmental requiremen1s. {U!:.0 and/or 1he Ow.nr r shall be consuhed on the appropriate fuel price escalativn factors fur all projccu.) ._ Description of how the r ,oJect shl:11 be financed including available interest rates and financing terms, ba::ed on interest rates likely available to Owner at this time, ar.d based on a 60-day and 90-day lo·:k option. f. Explana1Jon of how the saving~ shall be calcula!ed and adjusted due to weather (such as bca1ing and cooling degree days), occupancy or other factors. Monitoring and verification methods must be consistent "itb the moSI current lPMVP. g. Analysis of annual cash flow for Owner dwing the oonuact term. r. .. ' Exhibit B to Technical E nergy Au di t & Project Proposal Contract !\orice of Acceptance of Technical Energy Audit Report Exhibit B : Notice of Audit Acceptance C ity of E nglewood Notice of Acceptance Date ofNotice: _ _, 2009 Subject to the Parties entering into a new contract under §6(A) of the Contract for Technical Energy Audit and Project Proposa~ which was signed by the Owner on ___, 2009, notice is hereby given that the Owner accepts the Comractor's Technical Energy Audit and Project Proposal. Accepted by Name: James Woodward Title: _M~ayo...._r ___________ _ Signarure: ----,-----------Date: , 2009 • Ex hibit C -Technical Energy Audi1 & Project Propo ;;al C ont~~cl . Buildings Included in Scope of Wo ~k C ustom er '.\',une: C ity of F.ngle wood, Co lorado The following tables lists the bui'•'.ngs included in the Technical Energy Audi1 (TEA) Scope of Work . I Building I Bui lding Type Building Age I Bui lding GSF Bldg. Bldg. Tot Audit Audit S I $/SF Atlc:n Wa ter Treatment Water Trcaum:nt 73 )tars/mnjor 40,000 S.09 t;600 l'lont Facihtv cxoansion 2000 C1,•ic Cen ter Oflices/Pubhc Library 25 yc:ars/ major 1)9,086 $09 $12,5 18 remodel 200 I Servi Center Main tenance/Fleet 39i,,ar. 43,'/8S S.)9 $3941 ~ation... s,retv Services Oflim 37;,:on 30.373 S.09 S2734 Jefferson Sta ti on Fire Station 37 "'"" 8,950 S.0 9 S8 06 Fo, 5treet Pol ice Annex Offices 15 \'Can 6,600 S.09 $594 Acoma Stn uon Fire Sta tion 28 i,,ars 4,851 S.09 f437 Teien St ation Fire Station vears ~.650 S.09 $464 Malley Sr. Centot Recrea ti cm Ji years/majcr 24,255 S.09 $2210 addition 2003 Englewood Re creation Recre ati on w/ indoor 25 yean/•ddilion 60,170 $.09 154 15 Center pool and ranodcllcd 2003 Pinnt.S Cove Aquatics Recreation w/ 3 6 years 5c~ h!'.'!low I Cen ta--sec be:low ou tdoor cools -Bathhouse I Dressing room and 6 year, 2,455 $.09 $221 showers -Pumc Room Mechanical 6 '"'"' 2,220 S.09 S200 • Administration Offices/sa le:; counter 6 Yellr& I 819 S.09 $164 • ConCCSliilOm, Food Service 6 vears 1,205 S.09 _$!.O!_ Broken Tee G ,if Course Retail sales, rcsLJw·anl, 28 )'Cars/addition 8,000 S.09 $720 Qubhouse cort storage below Md remode l 2003 Broken Tee Officc/warelious: 5 year, 1,650 S.09 $148 Ma1ntcnnncc Center Broken Tee M~anic Mnincenance/cquipmcn t 14 i,,nrs 2,800 S.09 $252 Shoo ston1e:e Porksand Golf Course Non structurnl V.ories N.A. N.A. ~11ioo Swtem, Strce , LiE!!tins Nonstructural V11rics N.A. N.A. Tr,flic Controls Non stTUctur•I Varies N.A . N.A. Parlcing Lot and Athletic Non structural Varies N.A. N.A. Field Lightin2 1-- TOTALAREA 382 ,&69 ,_ __ TOTAL CO T OF TEA: $34.458 rngr 1 of l Ex hihil D -Technica l Energy Audil & Proj ect Propos al Co ntra ct Pmjcc1 Cos1 and Pricing Elements City ofEng l~wood COST AND PR ICING Maximum ra tes were established for :O<;COs participating in 1he GEO/EP C program. Below are rate< agreed fur thi s specific project that are !l.<J Unl to QL)Qss than lh e maximum established rat es, based on the size, scope IJJld loca tion of lhi s spe ci fic project. Markup s Markups shall he calculaled as a percentage added to the base cost fo r the project. The use of margins in lieu ofmarirups is nut acceptable . Use only th e catego: .es shown. Rmges for mar kups ure nol acceptable . MARK-U PS CATEGOR Y OF MA RK-UP %M ARK-UP MARK-UP A PPL/CATION Overhead On direct costs 12% Profit On direct costs 10% Labor -· Internal Included in marku p Equipment Pu rchased lncluded in markup Mat ~. ials Purchas ed Included .in markuo Subcontrac1 Labor Included in marlcuo Subcontract Material Included in marl..1.10 Fees Use onl y the ca tegorie s shown. Ranges fo r fees are not acceptable. FEF.S CATEGOR Y OF FEE HOW DETERMINED I YEA RS ,AND USED A.PPL/ED (011 t -timt, A 1111ual, etc.) Technical Energy Audi t and $ 0 ,.Q2_ per Square Foo t, One Time Project Develo pment Other bukling types : Solicit & Evalua te Project 0.5% of direct wsts One Time Financing Proposals ' Design 8% of direct costs One Time Contingency 5% of direct.costs One Time Permits As aoolied by local iurisdiction One Tim e_ 1.8% fo r projects under Perfommnce Bo nd $100 ,0 00 ran ging to 0.08% for One Time projects over $7,5 00,000 in size Page I ofl