HomeMy WebLinkAbout2009-12-21 (Regular) Meeting Agenda Packet1. Call to Order.
2. lnvocauon.
Agenda for the Regular Meeting of the Englewood City Council Monday, December 21 , 2009 7:30 pm Engle,,ood Cl\oc Center -Councd Chambe11 I 000 Engle,,ood Parkway Englewood, CO 80110
3. Pledge of Allegiance.
4. Roll Call.
5. Consideration of Minutes of Pr~vious Session.
a. Minutes from lhe Regular City Council Meeting of Decer ,~, 7, 2009.
6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.)
a. Susan Bayless, Chair of the Keep Engle-,ood Beautiful Commission, will present the
2009 Holiday Lighting Awards.
b. Englewood resident Jackie Edwards will be present to speak rega rding Medical
Cannabis.
c. James Murkland, Director of the North Ameri can Cannabis Co-op, will be presenI to
speak to City Council.
7. Recogo,ltion of Unscheduled Public Comment. (Please limil your presentation 10 five
minuIes. nme for unscheduled public comment may be limited to 45 minuIes, and if limited,
shall be continued lo General Discussion.)
8. Communications, Proclama tions, and Appointments.
a. Lener irom Keep Englewood Beautiful Commission member Mila Pilz advising of her
resignation from the commission.
Please note, Ii you h;we a dis,lbillt)· ,,nd need ;,1 1-<mill)' aids or ~c"'lces. ~e,,~ notify the C1 1y o( Engle\\ood
il0l-~62•24051 .11 leu1 .;5 houri 1n 1d~;mce of ~•,:hen servk~ at(" needed
Engi..-ood Cl~ Council Agenua De.ember 11, 2009 Pas~ 2 9. Consent Agenda Items. a. Appro1 al of Ordinances on Flrst Reading. Council Bill No. 55 -Recommendation irom tnt Utilities Department to adopt a bill for an ordinance authorizing a Wastewater ':onnector's Allfeement bel\, een Country Homes Metropolitan District and the City of Englewood. STAFF SOURCE: Stewart H. Fonda, Director of Utilities
Ii. Council liill No. 56 -Recommendation from the Public Works Department 10
adopt a bill for .an ordinance approving an Intergovernmental Agreement with
the Denver Regional Council of Government (ORCOG) for the 2009 Traffic
Signal System Equipment Purchase program. This IGA will allow ORCOG tv
reimburse the City of Englewood fo r the cost of traffic signal system
equipment (to be purchased by the City in 2010) In an amount up to $17,000.
STAFF SOURCE: Rick IC.Ihm, Olttctor of Public Worb and Ladd Vostry,
Traffic Engineer.
Iii, Coundl Bill No. 57 -Recommendation from the Public Works Department to
adopt a bill for an ordinance approving a contract with the Colorado
Department olTransportation (Coon for Traffic Control Devices Operation
aed Maintenance functions on state highways to be pr0V1ded by the City of
Englewood, The agreement will allow COOT to reimburse the City for costs of
these maintenance services In the amount of $67,416.2 4 per year. STAFF
SOURCE: Ri ck Kahm, Director of Public Works and Ladd Vostry, Traffi c
Engineer.
Iv. Council Bill No. 56 -Recommendation from the Community Development
Department to adopt a bill for an ordinance authorizing an Inter go 1ernmentol
Agreement between the City of Englewood and the Regiona l Transportation
District fo r cost sharing for operation of the art Shuttle for 2010. STAFF
SOURCE: Harold Stitt, Senior Planner.
b. Approval of Ordinances on Second Reading.
Counc il BIii No. 51, approving the City Ditch L'cense Agreemen t and
Construcdon Easement from South Suburban Parks 8. Recreation for two water
lines crossing the City Ouch at Wind~rmere and Belleview.
ii. Council BIii No. 54, approving a Standard Connec1or's Agreement with Cherry
Hills Heights Water and SMltatlon District
c. Resolutions and Motions
Recommendation irom the Community Development Department to approve,
by motion, a contract with MV Public Transportation for the operation of the
art Sl..ttle In 1010. STAFF SOURCE: Harold Stitt, Senior Planner.
~-no10, If you h•ve a diubli~ ..,,d nttd ao>ihr\ •Id< or ser.,cos ploaw nolir\ 1he GI\' of Engle,-ood
1303-;'62-24051 ~t ltMSI 48 hours In acf\,ance of "hlen sel\lkes are ne-e-ded
E->gl""ood Cil\ Councd Agtnd.i Cecember 21 , 200'l P.ge J 10. Pubhc Hearing ilems {No Public Hearmg Scheduled !. 11. Ordinances, Resolu1ions and Mo1ions a. Approval of Ordinances on flrs1 Reading. b. Approval 01 Ordinances on Second Reading.
c. Resolutions and Motions.
Recommendation from the Utilities uepartment to approve, by motion, a bid
for rehabilitation of the exterior of 1he Sherman elevated wale r storage tank.
Staff recommends awarding the bid to the lowest qualified bidder, H&R
En1erprises LLC in the amounl of S182,384.12. STAFF SOU RCE: Stewart H.
Fonda, Director of Utilities.
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
Council BIii No. 59 -Recornmendation from the CommUI' · )' Development
Department to adopt a bit. for an ordinance approving an extension of the
1emporary moralorium on ti,e es1ablishment of new medical marijuana
dispensing and growing uses.
ii. Resolution app,oving •Aid to Other Agencies· contributions for 2010.
13. City Manager's Report.
14. City Attorney's Report.
a. Proposed settlement agrPement with 1he Stale of Colorado regarding natura l resource
damage claims rela1ed to the l o"ry landfill The Littlet on/Englewood Wastewater
Treatmenl Plant's share is S52,066.96 of which the City ot Englewood's share is
S26,044.49.
15. Adjournment
Pl,.,. nolO If'"" M 't • dos.t.~I\ illld need •INUll aids or ser-.ocH. pleose notifv lh e 01y of Eogl,\,ood
IJOJ. "62-240 51 •• i.,., 48 hoer, 1n •d\once of .,ti.,, .. MC .. .,. nttdod
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s, ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session December 7 , 2 009 1. Call to Order
The regular meeting of lhe Englewood Clly Council was cal led to order by Mayor Woodward al 7:38 p,m,
2. lnvocatlon
The ,nvocabon was given by Council Member McCaslin.
3 Pledge of AJ'-glan ce
The Pledge of Allegl~nc:e was led by Council Member Mccaslin.
4. Roll Call
Present
Absent
A quon!m was present
Also present
Council Members Jeffe~on. Penn, Gllht, McCaslln, Wilson, Woodward
Council Membe! Olson
C'ity Manager Sear,
Assislant City Attorney Reid
Deputy City Manager Flaherty
City Clerk Ellis
Depuly City Clerk Bush
Director Whiti,, Community DevelopmPnt
Director Gryglewlcz, Fin ance and Adm ln istralive Services
Director Black., Parks and Recreation
Director Fonda, Ublities
Director Kahl , Public Works
Operations S"perinlendent McConnick, Utilities
Field Operations Admmistralor Nimmo, Public Works
Recreahon Programs & Facility Supervisor Anderson
Recreation Program Admlnistralor Jones, Parks and Recreation
Recrealion Services Manan•r-Operalions Hullberg, Parks & Recreallon
Planner Kirk, Comm un'" a,elopmenl
Police Commender Condreay
5 Con1lderatlon of Mlnutns of Previous Senion
(a) COUNCI L MEMBER GILLIT M OVED, AN O COUNCIL MEMBER PENN SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 16, 2009,
Mayor Woodward asked If there were any correctlons or modifications. There were none .
Vo te result..;
Moboncamed
I\ !9,
Nays;
Absent
Council Members Penn, Mccaslin, Wilson, Woodward, Jefferson, Glllot
None
Council Member Olson
Englewood City Council December 7, 2009 Page 2 6 Recognition of Scheduled Public Comment (a) Recogn ,:,on of lhe 2010 Englewood Calendar Artists Mayor Woodward said tonight we have the opportunity to recognize our student artists with regard to our 2010 calendar I would hke to say good evening and welcome to all of you that are here tonight We have 901 a full house and that 1s great Every year, the Coty of Englewood produces a calendar that showcases the talents ol
our local student artists A couple of weeks ago when we did aN 50 of the pieces, I had mentioned this Is r
calendar that makes ,l's way around the country. There have been different events that I have been at. .. out of
the Coty and out of the State Where these calendars have been shared and other Council members from
othe< at,es think II ,s such a great Idea So, your art Is recognized. To help determine the artwork that w,N be
Included '" the calendar, we hold an art contest that is open to all students who live or go to school .,
Eng:· vood , The 2010 Calendar features 16 pieces from this year's student art conlcsL I had the pleasure of
serving on the relection commlltee. along with the Cultural Arts Commission Members: Eric Bertoluzzl, Cha,r,
Heather Bawnek, Tamara Emmanuel. Jenn Enge, Karen Kenney, Janet Moore and Donna Schnitzer, as well
as Jm Doty, community member and artist, and Tun Vacca , Project Manager for the Museum of Outdoor Arts.
We would like to offer a special than ks to the art teachers, the school administrators , and the parents fOJ their
support of these talented artists. We would also li ke to recognize the generous sponsors of the 2010
Englewood Calendar A & B Custom Framing, Frame de Art, Tewell Warren Printing, The Museum of Outdoor
Arts. Englewood Arts. The Englewood Lions Club, The Englewood Cultural Arts Commissoon, Millenmum
Bank, Breakfast Queen, Ted's Clothiers, Cornerstone Books and Gifts, and The Colorado Neurological
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lnslilule . We are returning the art ists' artwork this evening, matted and framed. Artists will also receive a gift •
card lo Hobby Lobby so they can buy art supplies and tocke ls lo an upcoming Englewood Arts concert at
Hampden Han here at the Englewood Civte Center. FotloWlng the artist recognition, we would like to lake a
photograph of all the artists With their artworlc Please gather afterwards tn the lobby outside Council
Chambers follow Leigh Ann Hoffh111es out and she will help you out with that. Now, lei's recognize the
artists Mayor Pro Tem J•II W,lson and Leigh Ann Hoffhines, who coordinates the calendar project every year
for the City, will help me with the presentations I would like each artist to come forward as your name Is
caled
Leigh Ann Hoffhines said I am going to call each artist up and you can come up and shake the Mayor's hand
and Mayor Pro Tem Wilson will hand back your artwork For some of the larger pieces some of the parents
might come up and help because some of them are pretty heavy So, on with the O 10 Calendar artists
recognrt,c,n
Ms Hoffh ines said the 2J10 Ca lendar artists are :
OIMa Castro a 1" Grader al All Souls School Olivoa's paontong "F,sh on the Sea Looking for a Fnend ',
appears on the cover of the calendar There was applause
Balley Oasis, a 5"' Grader at Clayton Elementary School Bailey's collage, enbUed "Big Bird In the Forest",
appears m January There w_as applause
Jazlyn Rodriguez, a 3'" Grader at Cherrelyn Elementary Jazlyn's painhng, "Balcony of the Neptune·, appears
on February The re was applause . •
Gage Bland a 10" Grader at Colorado s Fv,est Altematove High School Gage's paonung graces the month of
March There was appla use
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Engle wood City Council December 7, 2009 Pagel Geneva Schafer, a 3" Grader at Cherrelyn Elementary Geneva's collage, entitled 'Zebra·. appears Ul Apnl There was applause Emma Bray , a 5" Grader at St Anne's Ep,scopal School Emma's 011 paonhng, ·o at Oream,ng·, appears In May Emma's palnbng tS based on an Aboriginal motif There was applause Evan Dalton. a 3" Grader at Charles Hay Elementary Evan's watercolor painting , ·coyote Shoals the Stars·.
appears •~ June . There was applause.
We have two July artists because we thought their pieces went so well together. Preston Scott, a X-Grader
at Clayton Elementary Preston's p,ece ,s enhll,ed "Google Eyes • There was applause And Brittney Venable,
also a 2"" Grader at Clayton Brittney's artwork Is entitled 'Polka-Dotted Patty.· There was app lause.
Tyann Scott. a 5"' Grader at Clayton Elementary Tyann's artwork, "The Raven·. a ppears in August. Her piece
was Inspired by a Native American tale of how the sun got Into the sky There was applause.
Br~nna Saunr, a 7" Grader at All Souls Catholic School. Brenna's artwork, e~btled ·sweet Feet", appears In
September. There W.:$ applause.
Meghan Branstetter, a 12• Grader at Colotado"s Finest Allemahve High School Meghan's painUng, 'Skeleton
with Cotsage", appears In October There was applause .
We have three art,sts in November The selection panel loved these scratchboards and couldn't decide, so
they chose three of them. Fran k Woronoff, a 7"' Grader at All Souls School. Frank's artwork, featumg polar
bears, -..is made with scratchboard There was applause. Jacob Lechner, also a 7'" Grader at All Souls,
Jacob's piece, 'Two Deer", was atso done with scratchboard. There was applause , Shayla Fredenck, another
7" Grader at AU Souls Shayla's seratchboard piece, "Bird in a Daze", was lnsp~ed by a photo she saw In
Time magazine. There was applause .
Hannah Landwehr, a 1• Grader at All Souls. Hannah's artwo,k, "Animal Stack", appears In December. There
was applause.
Ms. Hoffhines said I wou ld also like to note, that in addition lo the 16 calendar artJsts ... the w,nners the
calendar also features the entire top 50 that we1e hanging out here In the exhibition I think that is a nice way
to recognize even more artists. We have loved having your artwork up In the atnum It h,,s Just enlivened
Civic Center. we love It. And now with the calendars we get to look at the artwofk all year. T~ank you so
much and thanks to all of you for coming this evening to help us recognize these talenl t ' , el's give
them another round o, applause. There was applause She said I opened anolher box ~1 'ltause
they are 901ng qu,ckly. So, if we run out tonight they are also available, beginning tomo,rw, • at the
Library and upstairs In the City Manager's Offioe. at the Englewood Recreation Center ar.d al tt.• • •i
Center So that condudes our artists recognition, so if you would like to follow me out so I can get• picture,
that would bt great. There was applause
Mayor Woodward said thank you
(b) Consultant Erin Marcove was scheduled to be present to spea-. regarding Cannabis Medical
Therapeutics Sht was not In attendance
Englewood City Council December 7, 2009 Page 4 (c) Jackie Edwards, Englewood resident. said good evening Our presentation gol kind of fouled u~ for this evening Enn was called on an emergency family mailer and she has the power poinl presentation and was going to go first So, instead or working off sometlung that ,sn·t here, I think , probably, I w,11 JIISI pass. after I say lhat I reviewed lhe ordinance that you are about to s,gn 01 lhat ,s being presented. and I can see that there Is Sidi total complete confusion concerning what a pnmary caregr,•er IS fo, medical maniuana Because, not all caregivers are lhe same. some merely go pick up the medicine for their patients. some or them grow the medicine for their pallenls. some donate il lo their pallenls. some people sell ii to dispensaries
and not all d,spensanes are r,ecessardy caregivers So, I would really like ii ii we cou ld have the chance Jo go
over those wilh Ille people who draft the ordinances, rust so thal lhey can understand the differences between
caregivers and growers and dtspensers I know rt Is a very common COilfuSKlll, because the other crties
around Colorado are going through that as well ff we had never had the caregiver paragraph in that
amendment. I lhInk that probably would hav& alleviated a fol of lhe confusion. One of lhe things that I noticed,
In bnelly rev iewing me ordinance, is that it ought to be staled .. say for Instance ... the way that it Is now that
Ille primary caregiver would need to be licensed and so forth does lhat mean careg·vers who five In
Englewood? Caregivers who have a business In Englewood? Does k mean caregivers who deliver to their
paUent in EngleWOOd? Or What? It is 1ust so vague as II ,s And then there Is a whole other sectJon or
caregivers that we d1dn'I discuss last time, that are wellness centers where they offer massage therapy and
an array of other serv,ces ... classes on health and nulrition .. and. of course, some on growing, because some
patients also grow their own medicine So, we have the caregivers, of many different kinds, who are not all
equal actually and there are d1spensanes and being as the Amendment 20 does address dtSpens,ng rt ,s
reasonable to assume that dispensing would happen at a dispensary. And so there Is another category lhere .
There are patient collectives, where many different caregivers bnng In their medicine and then the dispensary
Is a collective I took al it as ,;Ind of llke the difference between a bank and a credit union, because In a
collective the patients are dolng the work to keep the collecbve going and the collective, In the terms of
dispensing medicine. 1s sort of the clearing house for the caregivers So that a lot of t•mes the caregivers,
unfortunately, never even meet their pabents So. lhat is on a whole oilier realm of ca•• gMng. And then we
have the wellness centers. Then we also have producers .. people who ~ake cookies and make can<f~s and
tinctures and oils and creams and balms and that sort of lhing . So, I don't know what category you put them In
or would they be caregivers too or what? One thing I would like to see put in place In Englewu,d's
ordinances .. when this finally gets all straightened out Is that I think aa of the food products ough l to bo held
to the same heatt:, department rules as restaurants and any oilier prepared foods .beanng labels and
1ngred1ents and the contact number of the person who made those things Because, 1r somebody gets soc~ or
has a reaction to something they eat, they should be able to look at the packaging to see .. c,ther before they
eat II or after they have eaten It .. , what Is in It. .. and having a number to contact ii there Is some kind of
problem. And so ,ar Tn-County Health has not done anything about this area of edibles I may be mistaken,
but I can't find rt anywhere In the,, literature So, 1f SOl'l,how, we oould recrurt someone from To-County to
maybe even wnte up a guide fOf 1he edibles, I lhink that would be a much healthier opt,on than Just having all
these thing~ that people are getting to eat from Whether rt be a caregiver, a dispenser, a wellness center or a
collective. Thal Is. I think, what we need lo do. Hopefully, you will enter1aln that notion So, I will be here lo
lake an;• quest,ons or comments , If anybody has any And I am sorry that our power point presentation did not
make ij here tonight Thank you
Mayor Woodward and several Council Me'11bers said thank you
Recognlllon of Unscheduled Public Comment
(a) Shannon said I am a registered voter and live 1n the Ci ty or Englewood, Dtstnct 1. Preanct
104 I am here ton,gh t to invoke my nghts of freedom of speech_ part,cufarly perta1n,ng to petruomng the
government for redress of grievances and my nght to lnd1v1dual privacy, as the City ol Englewood In the past
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Englewood City Cou ncil December 7, 2009 Page ~ has posted my Information on the 1nterne~ to wnlch I have been contacled regarding lh1s I am here to address the issue of Baker Patlc's lack of a port-o-potty last week I spent lllne calhng the Coonctl members whose phone numbers were ,n the Englewood Citizen The only two representatives that I was actual,y ;;ble to speak to were Joe and Rick , I have been having an on-going conversation with Joe 1egard1ng this Issue and Rock asked me to send an e-mail to him regarding this Issue, to which t did and was :old by Rick that he forwarded the e-maJ to the other Council members, as well as some people in the City Manage(s office Thos issue Is that there are seven parks 1n Englewood that have regula1 plumbing restroo, n faclhtles This Information was provided by Debbie at the Parks and Recreation Departmenl Those seven parks are,
eellevlew. Cushing, Baker, Jason, Centennial, Bates-Logan and Romans All of these parks have at least one
port-o-potty In the winter, with the exception of Baker Park. When I contacted various staff members of the
City of Englewood, f got different stories on why Baker Park has no port-o-potty, I have also contacted the
Alternalive High School principal, Dr. Skaggs, and Eng lewood School Superintendent Mr. McDaniel, because
ff seems that one of the reasons for the lack of a port-o-potty Is vandalism at Baker Park. Students of the
Alternative High School hang out at Baker Park when not in class, causing mischief In the park. The
Altematlve High School's policy states students are not to be In Baker Park, but nothing is done to stop them
as the school yard has two openings Into Baker Park and there is co longe r security et the Alternative High
School, even though the regular high school and middle school both have officers In each, even though they
are only a few blocks away from each other. Th,s information was provided by Mr McDaniel I see a lack on
the City and the School Board lo do anyth ing about the Issues that occur at Baker Park and with the
AJtematlve High School students. So, based on the Information that is before me, It seems that the City Is
making the citizens or District 1. Precinct 104, pay the price by not having a port-o-potty at Baker Park when
the other stated parks III Englewood have a port-o-potty. I hope that you have seen thee-man that I sent out,
as It has Information ,n It that I did not touch upon. I know that City Council does not make comments at this
tlme and will make comments at the end of the session, so I will be here to listen to what you have lo say . If
you say anything. Thank you
Mayor Woodward said thank you,
(b) Colleen McManus, an Englewood residen~ said hello Cooncil t am jusl here today to b11ng to
your attention that there Is a lack of llghting down at the canine Corral. As of last week. .. or two weekll ago .I
think one of the light bulbs was actually out within the lighting, within the park. But the parking lot has no hghts
at all and It Is quite dangerous. Me ... as a single female ... l won't go down there and I don 't get out of work
until 5·00, so tt IS kind of hard for me to take my pup to the C:mine for exercise. So, If you could work Wllh the
C,ty. In regard to getting more hghbng for the Canine Cooal, I would appreciate thal Thank you
Mayor Woodward said thank you.
(c) Doug Cohn. an Englewood resident, said I wanted to bnng a couple of thongs before the
Council that came up during the City Council campaign. There is a two thumbs up, a buslnes opportunity, I
thought we had fixed that and wnat were you thinking. The two thumbs up r~st. A few weeks ago I brought
forward that at the Simon Center. there were two difficulties. One was the curt> cut outside the Post Off,ce had
a llp nn It wnere we had resurfaced last summer and guys In wheelchalrs got stuck In the curt> cul It's fixed.
The second thing Is ... people In wheelchairs, wno live at Simon, have not been able to get Into the building
becaus• they had manual doors. The elec\rlc doors are oelng put on right now, Two thumbs up ... nicely done
guys Thank you very much tor those The busln ss opportunity ... I would like to have somebody do a Council
rEquest... at 980 East Hampden ... the neighbors are convinced that we have a brothel in District 2. This ,s
either a problem or a business opportunity. Appa rently, in 2006 the Police Department went by and had a look
and closed them down for a time. My dentist Is in the next building over and I met the people on the other side
and they are convinced that there is some illegal activity going on there My daughter-in-law is a massage
therapist and she charges $60 00 a sesslc.n. Apparently, there are three price ranges at the massage par1or
there The basic one Is $350 .00. for $500.00 they take off their c lothes ... and I am not sure what happens at
S750 00 t think It might be useful 1.1 look into that one. The third one. I ran into a constituent wno is doing
some garage work. And With his garage he has been told that, even though he has a gravel dnveway, that he
sMII have concrete when he is finished with the whole thing. I thought last winter we had talked that whole
thing through and crushed IOCKS, gravel was an acceptable alternative. Maybe I missed something on that
one but he has been told br the City guys that he Is going to have to have concrete I can get you names
Englewood City Co uncil Dece mber 7, 2009 Pa ge 6 and addre sses ii you wan t whe n the lime comes for tha t Cou ncil Memb er Jeff erson sa,d do you ha ve them? Mr Cohn said I don 't have the m I can get them for you The fourt h on e has to do wit h the whole bus ine ss thin g. We have lo st two really so lid long ti me business es ,n to wn I think may be a third ... bul I hav en·1 confir med 1t. S & S Op tika was here for mo re lha n 30 yea rs an d !hose guy s moved over ,nto Little ton A high -end te le scope slore , a lolall y cool place ... they chose to move away . Alig nment Masters moved away about a year ago and I heard that Je rry ·s Leathe r has alread y moved away . Wh en we have a pro blem with tax revenue , I thi nk 1t wou ld be a rea ll y good Idea lo ta lk with the existin g guys and see what we ca n do to keep them here . As new guys wan t lo come ... talk with them as well An d, with res pect to the new guys . I have
in formation that wi th in the last couple of months two businesses have co me to town and both have been told
by the City guys that we don 't want you he re. One was a hot dog stand and the other one was a dentist who
wou ld have rep laced the dentist that closed down on Bates and Broadwa y. I gues s Gary ... I don 't know all the
detai ls of that. .. at least for the busin ess guys , it wou ld be rea l handy to find out if there is a set of criteri a
where if yo u are a hot dog stand we don 't wan t you he re or If you are a den ti st we don 't wanl you he re. They
hav e been invite~ not to come lo Englewood . I th ink that is loo bad . I thi nk we need lo fix that. An yway , tha t
is what I have lo say . Thank you .
Mayor Woodward sa id thank you .
(d) ElainP. Hull s, an Eng lewood res ident , sa id number one I want to thank you abo ut som e
acti on ... I don't kn ow who is respons ible for II... we appreciale it at Simon Cen ter. We do have the front doo rs
now are auto mati c and I hey are go ing to be doing the back doors , where lhe ramp is , to r the inva lid or the
peop le with wheelchairs and moto ri zed units to gel In the back doors as we ll . So , I wan t lo lha nk you all for
th at. Now I am only concerned about some of our doors that do not cl ose properly ... for safe ly reasons . But, I
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just wan led to brin g up something tha t...! was surfi ng on the Net this weekend and I found a site ca lled Eye on •
Englewood . I copied quite a few of lhes~ \hi ngs that were there , because they seemed very Interesti ng . I
copied the pages and I sat down and I read the m. I found a,1 art icle here that was evidently posted there on
October 25 th of 09 ... whlch Is jus t a few mon ths ag o. And th is had me ques tion in g someth ing , so I wou ld
apprec iate a respo nse on this. It sa id 'Mayor Woodwa rd and Bob Mcca sli n have been served with an
Ara pahoe Cou nty District Court conspiracy case , together wit h City Manager Sears and An omey Brotzman
and Judge Aten ci o. These charges do not de pi ct res pons ibili ty or comm itment , but are very serious charges
of mismana gement, vio lating the City Charter and ordinances , wa sti ng ta xpa yer's mone y to ru in Individual
lives whom they dislike 11r whom may recourse lo un~eat them and la1lness in train ing or imple m~nting
policies to protec: Englewood ,esiden ts and bus in ess ow ners". I do n t know it yo u have see n th i, art icle , but ii
is on Eye on Eng lewood and has th is ocr.urred ? I would like lo know . Wou ld anyone answer me on this?
Mayo r Woodward said \h is is a time for you to add ress us and we will respond al the end of the meeting . Ms .
Hulls sa id I would app rec iate that, so thank you so much for the time .
Mayor Woodward sai d th ank you
8 Commun ication s, Proclam ations and Appo intments
There we re no communications , proc lamation s or appo intme nts
9. Cons ent Ag enda
COUNCIL MEMBER WILSON MOVED , AND COUNC IL MEMBER McCASLI N J ECONDED , TO APPROV E
CONSENT AGENDA ITEM 9 (a) (I), and (II ).
(a) Approva l of rdina nces on First Reading
(1 ) COUNCIL BILL NO . 51, IN TRODUCED BY COUNCIL MEMB ER WILSON
A BIL L FOR AN ORD INANCE AU THOR IZIN G A "LI CENSE -CIT Y DITCH CROSS ING AGRE EMEN T", AND A
"TEMPORARY CO NSTRUC TI ON EAS EME NT" SOUT H SUBURBAN PARK AND RE CRE AT ION DISTRICT
FOR THE INSTAL LATION OF TWO WATER LINES CROSS ING UND ER ENGL EWOOD 'S CITY DITCH
RI GHT-O F-WAY AT THE APPROX IMATE LOCAT ION OF 5000 SOU T•i WIND E~M ERE
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Englewood City Council Deeembe: 7, 2009 Page 7 lu) COUNCIL Bill NO 54 INTRO DUCED BY COUNCIL ME MPER WI LSON A Bill FOR AN ORD INANCE AUTHORIZI NG A WASTEWATER CONNECTOR'S AGREEMENT BETWEEN CHERRY HILLS HEIGHTS WATER AND SANITATIO'II DISTRICT Af THE '"ITY OF ENGLEWOOD, COLORADO v-,te res ults:
Motion earned
Ayes
Nays.
Absent
eo-.,cil Members Penn, McCasJm, Wilson, Woodward , Jefferson, Gllhl
None
Council Member Olson
(b) Approval of O<dmanc.es on Second Reading
There were no rtems submitted for ;pproval on second reading
(c) Resolubons and Motions
There were no additional resolutions or mollons submitted approval. (See Agenda Item 11 )
10 Public Hearing Item,
No public hearing was scheduled before Council .
11 Ordlnancea, Reaolutlon and Motion,
[Clerk's note Throughout the following discussion of Agenda Item 11 (a) (I), pe~ining to Medical Ma11uana,
thefe are several instances vi Council members talkor.g al the same Ume As a result some of the discussion
was unclear I
(a) App(oval c f Ordinances on First Read ing
(i) Community Development Director White presented a recomrnendabon from the
Community Development Department to adopt a bill fr.ran ordinance amending Title 18 of the Englewood
Munoc,pal Code (Unified Development Code) pertalrung to Medical Matijuana Prima,y Care-Givers. He said
this Is an ordinance estabfishing zoning regulations tor Medical Marijuana Care-Givers . If you w,11 rl!Caff, bacit
on August 17th of this year, Council approved Ordinance No. 34 , which established a six month moratorium on
any andijioiql medical manjuana pnmary careijl;ers locating In Englewood. At the time the moratorium was
passed there were three care-givers that had localed within Englewoad. The mo,atorium was lntendoc to give
us time to do two things One .. developing a licensing p,ocess, which Counr.d has approved and the
ordinance is In place, and to establish zoning regulations for this particular use . We bega n the process by
hOldong two work ~essions with the Planning and Zoning Corn,r; lion ear1oer this year. V 1e presented several
options for them to consider In classifying the use ... consldering certa,n zone districts and we also present 'd
what other junsdicllons were doing at that time. We crafted an ordlnance, which the Cornmisslon considered
at a Public Heartng on October 20th. And although there was some agreement on some of the prt ,ions
contained ,n the ordinance, the Commission's motion to approve thal ordinance failed on a tie vote Whal w._
have brou ght before you tonight Is the ordinance that they considered at theif Public Heamg, wllh two
amerldments that did receive favorable votes that nlghl So, what the ordinance in front of you does, Is ii
amends the Unified Deve lopment Code lo do the fO~O'#,,ng, first It adds two definitions to the CoJe Those
defimtlons are medical marijuana. primary care-giver and the second one is usable form of marijuana. Whal
we do In those definitions Is we reference the State Consbtutional Amendmen~ so we are not rnal<ing up a,
promulgating any new def,niUons that aren't contained In the Constllullonal Amendment The second thong the
ordinance does os es1abtosh medocal marijuana pnmary care-givers as a separa'3 use In the Table of Uses for
Commercia l and Industrial Zone Districts Within that Table of Uses. It allows care-p1vers as a permoHed use in
MU-B· 1 Oostnct and the MU-B-2 o,stnct It allows caregivers. as a Condotional Use'" the new M-1, M-2 and
Englewood City Council December 7, 2003 Page 8 MO-2 Zone Districts and 11 proh1b11s caregivers as a use In all other zone districts Those would be the Residentia l Zone Districts and Industrial Zone Districts And It also prohibits care-givers as a home occ upation The ordinance goes on to estabhsh use spec1f1c standards fo r care-givers And those use spec1f1c standards are lhal lne use musl be localed 500 feel from any publ ic or private educationa l lnsliluhon , licensed child care facilily and church or reli gio us 1nsliluhon . Second , lhe care-giver musl also be localed 2500 feel from any olher care -giver, excepl where this req uirement overlaps with lhe M-1, M-2 and MO-2 Zone Dist ncls Thirdly , these distancing requirements apply whelher the use Is localed In Englewood or in other jurisdiclions . So for example, If Ill ere was a school right on the bor~ 3r of Englewood, we would measure 500 feet from that
school that might be localed in Denver and that wou ld create a distancing requirement within the City or
Englewood , such that the primary care-giver cannot be localed within lhal 500 foot radius . The next
requirement would be that the care-giver 11se musl comply wllh all City Licensing requirements ; lhal bein g the
Care-giver licensing and sales tax licensi ng requ irements . Additionally , lhe use must operate between lhe
hours of 8 a m. and midn ight. Furthermo re, all medical marijuana must be keep Indoors and not be visible
from the sidewalk or public right-o f-way . And finally, lhe care-g ivers shall not Include areas for on -site
consumption an d shall comply wllh the State 's smoking laws , We Inc luded a map in your packet showing
where . under these specific spacing requirements , additiona l care-giver uses could be localed in lhe City and
those area, are showing red on that particular map. The moratorium thar I menllon,id previous ly, ex~ires on
February 17th of next year In order to have regulations effecl ive prior to lhal dale , it is necessary fo r Council
to conduct a Pub lic Hearing on December 21 , 2009 and to adopt the ord inance on second reading on January
4 , 2010 , so we have regu lations in place before the moratorium exp ire s. With tha t, I will conclude my
comments and answer any quest ions Council may have .
Mayor Woodward said . questions?
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Council Member Penn sa id yes ... Alan, I have one Can you give me the reason in g why they fe ll there was a •
need for th is 500 foot buffer. I mean ... do we ha~e a 500 foot buffer for pharmacies? Director Wh ile said we
do not They were conside ring the use similar in impacts on a neighborhood to a liquo r establishment. And
ther e are spacing requ irements in State law for liquor estab li shments and , I be lieve , the requ irement is 500
r1et
Cc,uncil Member J9fferson s~id I think from a business mix standpoint it also makes a lol of sense lo have a
certain area that they distance themselves from e3ch other
Co unci l Member Penn said I like that . I don 't have a problem with that, I'm just questioning the 500 foot buffer.
I mean . I don 't look at this .. as medical marij uana be ing 3nywhere close to what a liquor store is like. Mr .
Jefferson sa id ... I'm sorry? Mr. Penn said I don 't look at it a~ being the same as a liquor store . I look at It as
being a pharmacy . Why are we ... we don't make pharniacies go in certain areas
Council Member Wilson sa id ... but the Stale doesn't loo~ al il as a pharmacy or ii would be in one . I
mean . we don 't... th is is considered . Council Membe r Penn said they don't look at it as a liquor store either .
Ms . Wi lson said no ... il looks at 11 as a retail business . Mr, Penn sa id we don 't go againM retail businesses ... to
slay away from schools . Council Member Jefferson said ... olher retail businesses there or of themse lves .
C0Jnc1i Member Mccaslin said but isn 't the 500 feel.. the way I read it here ... ls licensed care, child care
fac ili ties . educat ional Insti tut ions , churches and religio us institutions .
Council Member Jefferson said that is correct. And there is a 1250 bu1fer between the same typ~ of
businesses Mr. Mccaslin said 250 ... wasn 't It? Ms . Wilson sa id 2500 . Mr . Jefferson said 2500 ... your right...it
.Yas 2500 and there was some discussion of bringing it down to 1250 , but... I appreciate those comments
Randy , because I actually do view it a lot like a liquor use, so I am kind of curious as to why we have those
differe nt ideas . In my mind , ii is one or those things where il is li censed bt the Stale, bul not regulated by the
Stale . And so, you know, the people who are best suited to regulate this type of Indus try are the local
munic1pa lil1es . So that 1s why , you know , In my mind, something like this 1s great for a dual type of hcensing
structu re, that all ows the local munic ip ality lo have some ab ility to regulate the Industry . Because we know
lhat the Sta te, righ t now , has M ab ility to regulate these things And so , In my mind , that's why local
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Englewood City Council Occembor 7, 2009 Pago 9 mumcipal,ues are the nght place for that And In my mind that locens,ng structu,e Is very slllldar to the way bquor licenses c 1 issued and regulated Mayo: Woodward said can we before we get loo far can we right now we are at questions for Alan ,. we haven't even made a motion yet Council Member Jefferson said okay Mayor Woodward said Randy, did you get your quesbOn answered? Council Member Penn said yeah . I got Il
Council Member Gilld said I have a quesbOn. Did lhey address any of the food control items? That was a
great comment that came out tomght about food control in these facihties for these care-,,iivers I mean we
can't sell we can't bring cookies In here wllhout them being , .. you know, somebody legal can bnng them
in .. just about Director While said the Commission did not address that aspect of the ... Mr. Gllhl said Is this
something that we should be addressing? Council Member Jefferson said Tri-County would be the
appropnate body
Council Me mber GiUrt said I was concerned : mean. yes, we could put the whatever the cannabis does,
inside. but you can get a rotten piece of or whatever with the I don't know . I'm just concemed about the
control and I'm 1ust wondenng 1f they have thought of any of that at all. Or ... and maybe this isn't the nght time
to ask, but did they talk about cannabis standards? Director White said they did not. They were strictly
concerned wit h where these types of uses shou Id be loca led withi n the City's zoning scheme.
Mayor Woodward asked d there were any other quettlons.
Mayor Woodward said I have a couple I understand we don1 have codes with regard to jeY.elry stores and
secumy systems with jewelry stores .. however, I do understand a lot of other cities are looking at similar type
of secunty systems for medical marijuana dispensaries for the safety of the people within and the com munity
around . And I think, as late as last night, there was news about a break-In at a dispensary In Lakewood and
we have had one here In Englewood. Was there discussion regarding surveil lance, alarm systems, bars,
anything hke that? Director Whtte said there were short discussions on those Items But I think the Planning
Commission felt It was p<obably .. just like with a iewelry store or a bank It would behoove !ham to instan the
secumy system that they felt appropriate to protect their business, 1ust like any other business would do And t
think n really wasn't the purview of the City to regulate that or require that
Mayor Woodward said another question. Some of this Information I had reoelved ... l had done a seminar on
Thursday , from the commercial real estate poin! of view on medical marijuana dispensaries and leasing or
leasing them as a landlord How about any rehabllltaUon facilities or group homes for the developmentally
disabled? And I noticed parks were not part of lhls ... whereas I have seen in other city ordinances. with regard
to this parks have been part. and community centers Director White said they went through a laundry rist W
you wt.I . of uses that they thought pnmary car81jlvers should be distanced from and these were the three or
four that they felt were most appropriate to maintain spacing from But they did look at a more extensive lisl
Mayor Woodward said I think this may address ·some of what Jackie was talking about too ... Certainly. I think
the Amendment Itse lf defines what the care-giver Is, The dispensaries are defined with relationship to that
care-giver But the .. when there are some Catch 22's In here for the medical marijuana patient,
user whatever .. I think .. and how do they get this and thal ls ... so I am cunous to know ... was there any
discuss,on regarding Indoor grow farms or labs or ... those types of things where could the stores be grown? I
know there Is a concern with regard to the ... from a real estate point of view, of any cross ventilat,on and
mold • that sort of thing, which was brought up. OirectOt Whtte said the Commission was very careful . on the
advice of the City Attorney's Olfice ... to stick with the definitions that were contained In the Constitutional
Amendment and not create other terms that weren't contained In that Amendment. And our Interpreta tion of
the Const11utlonal Amendment Is that a primary ca re-giver Is a person that acquires, transports, grows .. any of
those activities would require that person to be a pnmary care-giver. And if they are doing all of those
activIbes or any one of those actMties, they would nlled to conform to our p<oposed regulations
Englewood City Cou ncil December 7, 2009 Pa ge 10 Mayor WoodWard said .. so. 11 all came back to care-g,ver Director Whole said yes Mayor Woodward said IS Ihal definition as slaled wIth1n lhe Amendmenl? Director WMe said lhal Is correct Mayor Woodward said okay . that's an I have. Mayor Woodward said ,s there anything else? Mayor Woodward said IS there a mouon ror apprc,val of Agenda llem 11 (a) (r)
COUNCIL MEMBER JEFFERS ON MOVED , AND COUNCIL MEMBER WILSON SEC ONDED, TO
AP PROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 53.
COUNCIL Bill NO 53 INTRODUCED BY COUNCIL MEMBER JEFFERSON
A BILL FOR AN ORDINANCE AMEND ING TITLE 16, CHAF'TERS 5 ANO 11, OF THE ENGLEWOOD
MUNICIPAL CODE 2000 PERTAINI NG TO THE UNIFIED DEVE LOPMENT CODE AND MEDICAL
MARIJUANA PRIMARY CARE-GIVER
Mayor Woodward said now we will gel into discussion
Council Member Jefferson said I wondering Whal was the beet way lo allack this. There Is so much maIerial
here and I'm sure there are lots of different areas lhal people want lo discuss.
Council Member Woson said I was wondemg if we should, perhaps , eXlend the moratonum and discuss this 111
Study Session
Council Member Jefferson said I generally agree a Study Session probably would have been a betler area for
a lol of these discussions Ms Wilson said yes, because I think there ,s a lot to looll at And the other thing,
as I understand the Slate is going lo review this after the first of the year to see if they are going to make any
changes. So, I guess. in my opinion , ,t would make sense lo review this after the first, lo see where they are
goi ng , and ex tend the moratorium an d the n have a Study Session. so we are just not goi ng ... you know,
making changes or doing this and, you know, and try l o keep some semblance of order Thal would be my
opinion
Council Member G,lhl said I would agree . with the same thing I would like 10 kind of go off of what Randy
said . I have a problem sllg ma11zing a legal business . You know, yes, we have lo do that with Liquo r
Stores ... bul I don'l need a prescription to gel a boltle of Rum I need a prescription to get can nabis. And we
are sllgmabzlng ,t ~y saying .. you know . because H is cannabis we have to set all of these other rules I
personaUy have a problem with thal It ,s either legal or fs nol lrs effher help,ng people like the
pharmaceullc:als lhal ,s why I think we need to talk a lol more about because the way ,t Is nghl now. I don't
feel comfortable wilh 11.
Council Member Wilson said I am gelbng a lot of feedback from constituenls and how they feel about
that . you know, not wanbng rt In their neighborhood and not feeling comfortable arid feeHng that three Is
enough. So I th ink that would be a greal time to have that d1scusS1011
Cou ncil Member Gllllt said one of the things I would love lo discuss with lh at Is communily friendly slgnage.
Becau se, I have been talking to my conslitu&nls about it as well, and their number one complaint Is, I hal e
seeing thal bog old marijuana leaf Ms. Wilson said exactly. Mr GiUrt said .. and I thlnk lhal if we had more of
a ... if we can w0II< with the community and say, listen can you help us out we want to help you ... help us
back . can we agree on some community friendly signage thal would make th is look a little bit more appealing
to our commu nlly ... I think we would get a lot more help.
Counot Member Wdson said well of ,t looked more profe, onal Council Member G1lhl said exactly Counc,I
Member Wilson contmued and medical as opposed to reefer doctor doctor reefer or whatever was down
on The other lhing too I'm finding Is it seems like next to every . or next to these what pops up IS a for
lack of a belier word a head shop And so lhen we have lhat Issue you know .. which Is ,t has got the
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Englewood City Council December 7, 2009 Page 11 same kind of s,gnage and people are upset abou11hat and feel lhal thal's you know, lhey don 't wan1 that ,n their neighborhood either So, I mean. I lh tnk we need to look at all of those d1lferenI options and problems and concern s Council Member Gilhl sa id definllely I think. after lhe issue with Headed West I think, you know, with sIgnage , I think we have some guidance of where we should be going and what we sho uld be looking at We defintlely understand that the community wants some help with that If we could be looking al that at our Study Sessk>n, I would def1n11ely move that we extend the moralorium to talk about this a llltle bit mo(e
Council Member Jefferson said I have no real problem extending the rnoratonum along, bol I certainly .. I don1
know, I guess I donl reaHy want to wad for the Stale I prefer for us to just go ahead because who knows
whal IS going lo happen wl1h lhe Slate, I JUSI feel ~ke II IS fUSt going to continue 10 drag on and, you know, I
would actually prefer to move forward w,tr, 11 more quickly
Council Member Wilson said .. bul do you 1h1nk the State will have some bearing If they make changes?
Council Member Jefferson said yes, potenltally we may have lo make some changes and I don't disagree with
that .I JUSI feel like It Is such a convoluled going on .. Ms. Wilson said because It seems to be pretly much
on the front page. Mr. Jefferson said I just can'I ... I would prefer to move on ... because I really .. I feel
comfortab le with this actual. gene ral strategy, I do like this density approach 10 the zoning , I think It makes a
lot of sense for the businesses and for our community. Just a comment on the stigma portion ... I generally
agree with that and I think the intent Is nol here to stigmatize an industry and say that what they are doing Is
not nght .. because ii is clearly an accepted policy In the State. However, In my mind, you know II you see
what Is going on ... and that Is why I made the comment about... I think It makes sense from a business mix
perspective If you see what is going on just north of Evans there ... you have got some oflhem building right
next to or opening shop right next to each other and they branded that area as Broadslerdam and while I
have no problem Wllh thal business type, t have no problem with the poticy ... l would not tike to see our main
business comdor be branded that way er,d attract different type businesses, rather than this ec/eclic max we
have now .. ,n my mind So, I am concemed aboul ... and that ts why I think thlS density way really IS a great
way to go arout Il You know, I personally have some· .. you know ... maybe I wouldn1 make them quite as
restncttve as whal l s depicted on the map here but I do think that is an appropnate way to handle those types
of issues.
Council Member Wilson said ... so we should go .. Is this the opportunity to go ahead with the .. , you know, to
extend the moratorium and then set up a Study Session to have this discussion of how we want to go forward?
Counc il Member Gltht said in the mean time they can s1ill get cannabis . Council Member WIison said yes, there
are three open Mr. Gillit said we are not stopping thii.. Ms. Wilson said they were gran.lfathered In Mr. Gillil
said I want to make sure that... I am sltll a proponent of people getting what they need Council Member
Jefferson said agreed Mr Gilllt said I would just prefer that we do it righl
Mayor Woodward said 11 was very clearty within here. this ord,nance, that the existing were grandfathered in
That is explicitly slated
Council Member Jefferson said and I th111k we do.. I'm sorry 1f I could 1ust r1111sh I think we do have some
Issues with the care-giver and the expanstve area thal that covers and so I think we need to be careful about
what you know ... uslng that term and making sure that we want to indude all of lhe dtfferenl vanahon of that
lerm Which we may ... ln all honesty ... we may Just decide ... for now we want to mirror Ille language and go
w,th that and that covers a multitude of different things. Bui, ,n my mind, that Is probably ... lnilla lly, we want al
least lo delve Into II. because you noticed In some of these residential areas. a tot of patients are also care•
givers and so can they do that In their house? Thal was kind of the first thing that popped up In my mind. bul
just generally I wt ll highlight again, that I rea ll y think that this density approach is really a great way to go about
lh1s and I think Denver Charlie Brown Is pushing this type of enforce ment In Denver and he Is also pushing a
very similar licensing structure, which I thought was unique, wh ich I thought was really cool It Is very similar
to ours doing a background check . hcenslng fees ... so, I truly believe we are on the right path here and ... like I
said I would prefer lo just go ahead and go with what we thought made sense for our community. rather than
wa,t,ng for the Stale to regulate ,t Because t 1us1 I th,nk ,t could be awhile
Englewood City Council December 7, 2009 Page 12 Counal Member Wilson said I Just think you know, the caregiver thing . and then Whal Jackie broughl up today with the food And I though! thal was very 111Ieres1mg , because lhal hadn'I Council Membe1 Jefferson said agreed And I think some people may have to lobby Tri-County .. but I don't th,nk we have any interest 111 regulabng that ourselves fo, example all the restauranls In Englewood here are not regulated by the City They are actually regulaled by To-County So, you know. To-County probably should be lobbied to handle some of these... Mayo, Woodward said do whal they are supposed lo do. Mr Jefferson said .. exactly .. In a commercial setting .
Mayor Woodward said ... I think Joe ... you know as well as anybody here ... being in the reslaurant business .. I
think ii is Tri.County that would have to regulate and be checking that out.. that this Isn't homemade sluff
CouncH Member Jefferson said perhaps that Is something we bring lo the attentlon of Tri-County as an entity
that makes up part of that.
Mayor Woodward said ... and the dispensaries .. they need to be aware of rt loo .. that you can't be making
brownies al home and ... Councd Member Jefferson said h Is just lunny ... because you would think ... certainly
Tri -County will come and knock on my door 111 don't knock on thelrs ... so, you would think, sooner°' later they
will be knocking on theirs. You know a big problem with that is lhal they don't know who Is In business now,
because not everyone who Is operaling one of these things has a business license. So, lhere Is no easy way
for lhem to index and say okay ... here are the dispensaries In our area ... lets go visit them . Thal is another
reason why I think whet we did with the licensing was a great slep forward.
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Council Member Wilson said they can come visit us. Counal Member Jefferson said what's that? Ms. •
Wilson said Tri-County can come see us. Mr. Jefferson said I'm sure as the munlclpahties do ... they wiU
probably catch up .. but h Is probably tough for them to comb the streels lookllg for these things.
Mayor WoodWard said . so, Is It the consensus here of... wishes Counci to go back to Study Session and start
working on this?
Council Member GIIIII said; would prefer lhat and maybe gel some signage eode.,. get some sign code before
we ... Council Member WIison sald ... and look al the broader picture and now we kind of see where ... Mr. Gllht
said exactly.
Mayor Woodward said gett ing the s,gn code in\lOlved might be a little much . because the sign code is pretty
huge and I lhilk that Is a whole separate I mean, just reading Zoning minutes and stuff Uke lhat...the g;in
code Is huge.
Council Member Wilson said I would like lo... Council Member Gdht said ,f you are going to talk aboul
community friendly slgnage ... thal is going to have 10 be some part of our discussion.
Mayor Woodward said we can have that... Council Wilson said yes. Mayor Woodward said ... but when you
said sign code Ms. Wilson said .. .the s,gnage, because lhere are also cities who have said that...and I lhink
Breckenridge was one .. that they wanted no signs on the buildings. Just the address, because of thal So, I
thYlk, you know, there are different variations, but II ts SOOM<th1ng for discussion and so I am .. I think lo move
forward with the moratonum so is that what we do next. or how is that.. the process?
Mayor WoodWard said well the mo,atorlum ... Council Member Wilson said ... to extend IL Mayor Woodward
said ... help me with this Nancy ... In not doing a medical . an emergency mo,atorfum, we would need to do first
reading on December 2:st, second reading on lhe 4th of January wtth approvals on both to
extend ... publlcalion on the 8th and that wou ld make It effective on the 7th ... the moratorium extension .
Currenlly, the current moratorium will end on the 17th of February So , we can go that roule or you know, we
could do an emergency as late as January 19th ... flrsl reading second reading the first .. effective dale
February 1 publication February 5. I would suggest we do the first one and be right oul there with it Ms.
Wilson said right Mayor Woodward said then it Is just a simple extension of the ex&SUng mo,alorium. And I
guess I have a htlle drllerent pe,spective. then maybe you do Joe, on the Slate part of n and that is lhal the
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Englewood City Councll December 7, 2009 • ~•ge13
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State is out of session by nud-May ... so, whatever. 1f anything that they are going to do ... ,s going to be done by mid-Ma) And I think they go into session on the 13Ih of January or something like that So, d we did a six month extension, II gNes us the opportunity I mean to d,scuss, 10 lei some of lhese thuigs happen d they are go,ng to happen at the Slate level and be ready lo move forward Council Member Jefferson said I appreciate those comments. I guess I, again I would just prefer ... you know the State has had this policy now since the Amendment has passed and they have done nothing They continue to sit on their hands and allowed this Industry to go totally unregulated So, in my mind . what 1f we
go six months again .. ,! guess my thoughts would be, If we go another six months ... lhey do nothing ... Mayor
Woodward said well they won't do anything In the second six months but It was Jusl this year that ii... 'really
became legal naUonally', and that was In March.
Counal Member Jefferson said It will take major polttlcal pressures for them to get something done during this
session. I totaly agree and ij I had to be~ I woo1d bet that they get something done thls session. I Just, again,
I just don1 llke saying that we don't want any of these guys for so long . you know what I mean. I think 50(
months hes been an adequate time for us to Investigate this ... maybe another month or two .. I wouldn1 want to
go another six months, personally.
Council Member WIison said I think ... thought the six months ... but, we don't have to go the six months ... it just
gives us that tlme ... bul It gives a timeframe.
Council Member Jefferson said good point. t Just know that there are a tot of people out there who are wa lling
for this moratorium to tilt and are asking us ... what are the regulatlons? And I Just feel ijke putting It out another
six months Is Just, .. when I thrlk we have a reasonable solution in front of us ... I guess, is the only reason I'm
saying that. If I thought we were 100 steps away .. ,! would say let's take ft easy, but I think we are relatively
close.
Council Member WIison said I am not sure I agree with all of this that Is In the ... P & Z. Council Member
Jefferson said I'm not sure I agree with II at all, I Just generally agree with that general strategy. I think !here
Is a lot of tweaking, a lot of discussion !hat needs to happen on a lot of these regulaUons.
Council Member McCaslln said that Is why I feel... when you said unregulalod ... I lhink the six months Is good
for us to sit baok and realty study it and do our homework on ~ Instead of saying we are going to open Land
then have to come back and change some things. I would rather wor1< the slx months and really delve into rt
and really look into k.. like we brought up the food. Thal is a huge thing.
Council Member Penn said I look at it jusl the other way. We have had It six months and we haven't done
anything. But If we go another six months, we may sit on our hands again And I'm Just realty ... l mean we
may not get any further.
Council Member WIison said I don't believe that...! think we are further ... bul I think ... Council Member Penn
said we have already got this and now you want to change it all. Ms. Wilson said .. well I don't agree with It.
Mr. Penn said we should have had this taken care of a month ago In Sludy Session. Ms. Wilson ... but there
has been so much more infonnallon passed out since the beginning of this and II Is Hke Just dally .•• hltting the
news.
Council Member McCeslln said every day lhefe Is something. Councl Member Penn said tt could happen
again. Council Member Jefferson said It could happen again ... that Is the reahty ... we have to be ready for that.
Council Member McCaslln said last Friday thare was an article about Cherry Creek ... a place going lnlo the
Cherry Creek Mall. Some people ... I lhlnk the re Is just loo much lnformallc;n that we sUII have to gather to
make a really good ordinance. II took us how long ... how long did it Iake us for lhe dog ordlnance ... two years?
It's not going to take us that long. But we are In the middle of this now anj now Is the time to study It and do
something and we have s,x months lo do and do ii the right way.
Englewood City Council O.cember 7, 2009 Page 14 Courn;tl Member Wilson said and there are three places open, so people aren 't left without Council Member Mr.Caslin !l's like we're not saying stay out or here, we don 't want you we want you here But we want 10 dJ ,t the nght way Ms Wilson sa,d and he lping Council Member Jefferson said I totally agree with that I think that we are look,ng out for our community there by allowing those things, bul whal we are not locking for Is the other peop le who are 1n this market . who want an open and free market without govemment 1ntervenhon, you know what t mean? We said six month you know and now we are talking about another six months . I just think that, ult1mately, let's make some general
ground rules and allow people to do business
Council Member McCaslin said did you s.:iy there are quote a few on Broadway JUSt on Evans nol1h ?
Council Member Jefferson said nollh of Evans I was referenang a few Mr McCaslin said our residents can
go down there. ii they feel like they are not being served here There are other opportunrt,es So we ate not
depnv1ng anybody of anything
Council Member Jefferson said we are not allowing businesses to do business In our communrty
Council Member Wilson said ... but it's just not about the money. Council Member McCaslln said yes ... it's
about the welfare or the people who use it. Counci l Member Jefferson said ... ag reed ... agreed Ms. Wilson
said It's abo ut the people and the constituents and what they want and wha t they want for their City. Mr.
McCashn said ... and making sure we are doing the right thing ,
Council Member Je fferson said ... and t am not disagreeing with that...l'm just poonhng out that t think you guys
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are 119ht on wtth a lot of that and I want to make sure we do the right things. I just want to make sure you are •
also considering the other people who want to do business In our community and government Is telling them
no .. you caMol and we teU them no. you cannot for SIX months and now we are going lo tell them, no you
cannot for another s,x rr.onths I know there are people In this audience tonight who are wailing to heat what
lS gc,ng lo happen, so they can make an investment WI our community, and we are oelay,ng that process
another slx months by extending the moratonum
Council Member Wilson said we are not .ay,ng we are saying up to six months we ate not saying sue
months Council Member McCaslin said right
Council Member Mccaslin said I think II Is giving us an opportunity to look at ii
Council Membfr Jefferson said business relies on certainties lo make Investments and when you say six
months, you know, guess when that Investment Is going lo commence .. it's not going lo come In before
then certainly
Council Member Wilson said weU, but I everything I have read too, is the people who want to have a
leglbmate business In this type of business that they want It to be regulated , they want It lo be bght Council
Member Jefferson said I don't disagree with thal Ms Wilson said they don't want loosey, goosey rules and
regs and they also .. because they don't want people hurt. They are not loolung al this I mean, yes g is a
buSffless. but 1t ,s also rts health
Council Member McCashn said this 1s an advancing business ... an opportunity ... they are loolung at 11 as an
opportunity Which I don't blame them . But we also have to protect the interest of people ... lhe neighbors, the
other ... Council Member Jefferson said I think we have got that...in ... not necessarily ... you know, we are
going to have lo delve into a lot of details, but I think the general structure for looking out for our communities
Interest Is there Mr Mccaslin said rlght...okay.
Mayor Woodward sa1d ... Joe, how does a four monlh ... an extension of four months, as opposed to six ?
Council Member Jefferson said yes .. on the lower end 1s what I wou ld Mayor Wocdward said that gets
through the legislative process And I really would like lo see us gel through that State part Because I do
believe something w,11 happen al the State
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Englewood City Council December 7, 2009 Page 15 Council Member Jefferson said I am hopeful loo, I am hopeful too J don'I mean to sound unhopeful I JUSI Counal Member G1lllt said I want 10 get thtS 90tn9 as quocil as possible I Just want to do d educated Mayor Woodward said yes . and I wan I the community Input Certainly .. a Public Hearing on this . Council Member Gill11 said exactly Counctl Member Jefferson said so . what do you guys think? I mean IS there... Mayor Woodward said I think we need to get. .lo put It on our Study Sessoon lost .. lhis os my opinlon ... and extend the ... do an
exlension ... If Councils' desire is to move forward with a four month extension.
Council Member Jefferson said I guess I have one quick question. Just a point of order Could we ... ii we al
our next SIUdy Session agreed upon some sort of regulation structure ... could we get that in second reading
before L",:i moratorium were to loft? Or ,s that .. Council Member Wilson said no. because we need a Publoc
Hearing. Mr. Jefferson said ... we've missed 'hat opportunity Okay. So, saying that, then I thin k the
moratorium Is lhe only way to go ... It is just how long the length of that moratorium Is going to be. Is everybody
in agreement on that? Randy, Whal do you think~, thal? Council Member Penn said that's fine Council
Member Jefferson said okay. Mr. Penn said ... but I agree with you ... I don't even know if I could go with lour
months Council Member Jefferson said yes ... l would prefer to go as low as possible, Whatever In my mind
would give us an ample opportunity to agree upon something and get it passed before that, before the
moratorium ended
Council Member Wilson said ... wel then maybe we should wait unbl the next Study Sesslon when Linda IS
here loo ... because she has her ... I mean I donl know 11 we can do It lonight. or If we should wait.
Mayor Woodward said ... we ll, we have some date constraints.
Council Member Jefferson said what is the minimum, I guess, that we would need lo .. comfortably, I'll
say ... agree upon somethin g, If we were able lo do that In a Study Session?
Assistant City Attorney Reid said don't look at me. you all are the ones that are ... Council Member Jellerson
said I'm sorry You have a bunch or dates In front of you , That's the only reason I'm looking at you. Mayor
WOOdward said I'm sorry Joe. will you ask lhe question again? Mr. Jefferson said again , I'm just saying what
Is the minimum extension ol this moratorium we would need to comfortably gel through .. K we were able lo
agree upon a regulation structure? You know, how much or a moratorium extension do we need? Whal Is the
minimum we would need to get through that process? Assistant City Attorney Reid said you would need two
months Mr. Jefferson said . two months ... lhen I would suggest... Ms. Reid said ... mlnlmum.
Counctl Member Wilson said I will say four months. Council Member McCaslln said I would settle for four
months. and I agree maybe six months Is too long. I give it lour months. Council Membef Jefferson said
okay ... th at Is reasonable. Mayor Woodward said I would go wi:,, lour months too, because I don't want to do it
more than once. I don't wanl to be modifying it..golng through all this and then modlf,lng It to get It back ..
As opposed to doing It ta.st. t would rather do it right
Council Member Gillit said ... and If we can get ,t done sooner, I would prefer ...
Mayor Woodward said If we can get It done sooner ... I mean .. who knows .. they could come out with
something In February and the Gcvernor could sign it.
Council Member Jefferson said of we dod three months ... what will that gel us to? Assistant City Attorney Reid
said that will get you to April .
Mayor Woodward said which we really need May. Council Member Jefferson said ... March, April, May That
would be four months through May? Council Member McCashn said nghl Do you agree with that? Council
Member Jefferson said yes Council Members McCast,n and Wilson said okay
Engle wo od City Co uncil Docomber 7, 2009 Pa ge 16 Cou ncil Member Jefferson said I just don 'l.. lel's just you know , if we can Just generally agree to pul a l1llle bil of one rous on us to not exle nd lhal moralonum . to ma ke sure we come up w1lh that regulatoon slruclure with in that time pe riod Counc 1; Me mbe1 Mccas lin sa id absolutely , absolutely Mayor Woodward said oka y .. to sum th is up we are look in g at .right r 'N .. In lhe discussion part of lhis ... and the mo ti on ,s on the tab le for approva l .. that we wlll go back and look ut this ,n Study Session ... th,s documenl more ... extend the moratorium for a period of four months , wh ich would be broughl back m ordinance form is it ? For fir st read ing . next meeting on lhe 21st. Okay? Is that everybody 's understanding?
Okay.
Council Member Jefferson sa id thal means we are go ing to need to leave a lot of room in Study Session for
th is topic . Mayor Woodward sa id pardon me? Mr . Jefferson said we are go ing lo need lo leave a lol of room
on lh is next Study Session for th is top ic. Mayor Woodward said ... well on the Study Session lhat we do
11... yes . Mr Jefferson said yes .
Mayor Woodward sa id okay ... so , now coming back lo the motion , we should be voting on this .. Counci l
Member Jefferson sa id ... l can amend my motion? Assistant City Attorney Re id said well you can vole on lhe
mol ion ilse lf and if it passes ... lhen after lhe Sludy Session it can come again on firs t read ing as amended .
Council Member Jefferson said I think he just means that we have a motion open . Ms . F.eld sa id yes . Mr .
Jefferson sa id I made a mol lon to move 11 (a) (I ) forward and it was seconded . So .... Mayor Woodward said
we need to ... we·ve had di scu ss ion , we need to vole on it or mod ify it. And then we can ... Mr . Jefferson
said ... so maybe I can just modify m motion to ... what's the best word? Table this? Mayor Woodward
said ... delay il Cou ncil Me mber J lferson sa id ... to de lay it.
Assistant City Attorney Re id sa id you need to vote on the motion itself. Either lo approve th is on first read ing
or not to approve it on firsl read ing and then come back with somelhing new. If you approve it on first read ing
lonight , then you can come back after the Study Session ... if you make some amendmenls to it... then you can
come back and it would be on first reading , as amended .
Council Member Wilson said wh!it if we get in Study Sess ion and we want lo change it? Council Member
Jefferson sa id then it goes back to first reading . Ass istant City Allorney Reid said then it will be back to first
reading and I think that wou ld take two months to get it...
Counc il Member Wilson said ... because I think there Is going to be changes .
Council Member Jefferson said do we actually need to vote on my motion or can I just amend ii to lable? You
are say ing we have actually got to vote on this? Assistant City Attorney Reid said you can vote to either
approve th is on first reading .. Mr. Jefferson sa id ... which we obviously don 't want lo do . Ms . Reid
sa ld ... alright...if it dies then it doesn't. .. il's nol approved on first reading .
Mayor Woodward said I don 't know why we wouldn't approve it on first read ing .
Counc il Member Wilson said because we are going lo make changes . Counc il Member Mccaslin sa id
because we are going to make cha r.ges .
Counc il Member Jefferson sa id I can 't imagine it is anywhere near enough ... In my mind .
Council Member Mccaslin sa id why wou ld · , adopL..you know ... approve It.. and then have to go back and
change it. Lei's just vote ... well , vote how you want to. But if you vole no, then you can change II and reclify it
that way . Or, Council Member Wilson sa id ... Just let it die. Mr . Mccaslin said or let ii die .
Co un cil Member WIison sa,d I mean we ca n work from this , If we want to in Study Session But . we·re not I
guess , we don 't have to . I mean we can make changes broader changes .
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Eng lewood City Council December 7, 2009 Page 17 Mayor Woodward said jusl a po1nl of order Nancy . 1f tl dies and we go back and slart lh1s over , does ,t have lo go back 10 P & Z again for another Pubh~ Hearing and another readi ng ? Council Member Jefferson said ... keep in m,nd this is n't a recommendation fro m P & 2 th is 1s Just a recommendation from staff, because they had that tie vole .. right ? Mayor Woodward said they only had a tie vote on one thin g tho ugh Council Member Jefferson said only on one Issue . Counc il Member McCas hn sa id nght.
Assistant City Attorney Reid said that's a good question
Mayor Woodward sa id that is why I think it wou ld be easiest to approve It and then modify , as we need to
modify . Which wli l come out of the Study Sessions Council Member Mccas lin said that is a good
point .. because I don 't want lo go back to P & Z. Council Member Wil son said yes .
Council Member Jefferson said I don't rea lly want to approve ii elther ... ju st because then we will nave lots of
people saying ... this what you guys are th ink ing about do ing and I don't even th ink II represents anything ... !
mean it represents ... maybe even close to what we are talking aboul, but there are so many moving pieces ..
just.. Mayor Woodward sa id okay
Assistant City Attorney Re id said I don 't have an actual , positive answer for you on that question, but I can
look it up . My guess would be that it has been to P & Z and you might have to go back to P & Z if ii dies ,
which is anothe r six months ... four months . Four months . Mayor Woodward sa id a four month moratorium .
Council Member Wi lson said well .. but if we made just drastic changes ... does it have to go back to P & Z
anyway or not? Counc il Member Jefferson said exactly . So, then why are we doing it In this procefis , if that is
the case? Assistant City Attorney Reid said no . it doesn 't ... in order to amend the Zon ing Ordinance, it has to
go to P & Z, they have a Pub lic Hearing and make a recommendation or don 't make a recomme nd ation as it
were ... and it comes to you . Once you have It and you have II on first reading , then you may do all the
modifications you want and have it amended on first read ing again . But If It dies , then th ere is the likelihood
that we'll have to go back to P& z. Council Member Wilson sa id ... but we don't know that. Ms . Re id sa id ... but
that would be my gut reaction ... is that you will have to go back to Planning and Zoning .
Counci l Member Wilson said I just think there are so many ... so much Information we need to gather before
th is ... Mayor Woodward said ... but we don 't have to ... Assistanl City Attorney Re id said If you say that you
want it as amended, it doesn't have to look anything at all like this . Council Me mber Mccaslin said right...!
agree .
Counci l Member Gl llit said ... can we table this? Assistant City Attorney Reid sa id if you tabl ~ ii, it takes two-
thirds to come back .
Counci l Member Jefferson sa id that is wha t we were :alk lng about...
Council Mem ber Mccas lin sa id if you table It... Counc il Member Wil son said ... no he wants ... Cou nc il
Member Mccasli n said he wants to table the whole thing . Counc il Member Wilson sa id I don't know.
Council Member Jefferso n sa id but that... you know, what we are discuss in g there ... it may jusl. .. it may kill it
and prolong this whole process additionally. Mayor Woodward said I don 't think that is your Intent Council
Member Jefferson sa id I definite ly do not want to do that That's definite ly not my intent but at the same
time ...
Council Me mber Penn said I think we should go on ... Mayor Woodward said shou ld we call the question? Mr .
Penn said I think we should call the queslion ... l lh1nk we shou ld go on and make the mod ifications we want
and go back to first reading aga in, once we make the modifications . Council Member Mccasli n said I agree .
Englewood City Council December 7, 2009 Page 18 Council Member Jefferson said so you are suggesting . Randy ... tt I hear you nght...your saymg Just go ahead and pass this on first reading .. Council Member Penn said right Council Member Jefferson said and then make the edits and then bring It back to firi, reading. Cooncll Member Penn said ccrrect. Because, Counctt Member McCasHn said, wa don't want It to go through the whole process again. Council Member Jefferson said my only concern Is that maybe this is a long ways from what we are actually thinking and you know I Just hate to put It out there to the publk: ... that we pass something on first reading ... even though we au know that we can certainly change il .. you know, I think that wiU ... Mayot
Woodward said t think you've stated It on the reC0ld pretty clear, that this may not be It and I think evetybody
here has been pretty clear.
Council Member Penn said It Is defin itely not what I want to see at the end and I think. to shorten the process,
we need to vote lot this, so we can keep the process as short as we possibly can.
Council Member Gilli! sald ... so, votlng yes shortens the process. Council Member Penn said yes, Council
Member Jefferson said ... because It doesn't have to go back to P & 2 ... but It also puts out there ...
May°' WoodWard said Randy did call the quesbon. Council Member Pem said I did gh the queslion, please
Mayor Woodward said let's vote ,
When Council Member Jefferson stniggled with his vote, Council Member PeM said a Is a tough one. Council
Member Jellerson said so, you guys don't want to do any amendments to this? Mayor Woodward said lers
vote. Council Member Wilson said oh no, I want to talk about ILi mean, next ... at the Study Sesslon ... not
now.
Vole rnults:
Ayes:
Nays:
Absent
Molion carried.
Council Members Penn. Mccaslin, Wilson, Woodward
Council Members Jeffe rson, Glllit
Cooncil Member Olson
Mayor Woodward sald ... so, we will get that on for Study Sessions and the moratorium you will bring
forward .. .for first reading on U1e moratolium ... next...on the 21st. Assistant City Attorney Reid sald ... on the
2151 ... yes.
Council Member Jellerson said, for the record, the only reason I voted no there ... was Just because It was just
so far off from what I envisioned, that I dion't feel comfortable putting It out to the public. Council Member
Wilson said okay. Council Member Gilllt said ... me too.
(b) Approval of Ordinances on Second Reading
There were no Items submitted for approval on second reading ,
(c) Resolutions and Motions
(I) Director Kahm presented a recommendation from the Public Works Department to
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approve a resolution canceling the concrete utihty fee Increase fot 2010. He said, a brief histoty ... the utility
was fotmed In 1997, the fees were established at about 7.8 cents per square foot. It remained that way until
we approached Council In 2008 end asked for an increase In 2009 and 2010 of about 25% ... it was actually
25% per year. We went forward with the 2009 Increase and we appreciate that Increase. It gave us a little •
money to work with During the budget...the appropriatlon for the 2010 BudgeL Council determined that It was
Ill the City's best interesL considering the finances and the state ol the economy, to not Increase the fees to,
2010 . At the November 23rd Study Session, staff approached Cooncil we had some directlon ... and based
on that, we propose this resolution ... which just cancels those fee increases for 2010 and we'll talk about them
again, based on the economy and the budget meetings for 2011.
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Englewood City Council Doc ember 7 , 2009 Pago 19 Mayor Woodward asked of there were any questions for Rock There , ·ere none COUNCIL MEMBER WILSON MOVED, AND COUNCIL ME MBER GILLIT SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO . 84, SERIES OF 2009. RESOLUTION NO 84, SERIES OF 2009
A RESOLUTION CANCELING 2010 FEE INCREASE FOR THE CITY OF ENGLEWOOD CONCRETE
UTILITY
Mayor Woodward asked n there was any ooscus soon. There was none.
Vol• results:
Mobon carried
Ayes ·
Nays:
Absent
Councol Members Penn, McCasbn, Wilson , Woodward , Jefferson, Golit
None
Council Member Olson
(ii) DlrP.ctor Kahm presented a recommendation from the Public Works Department to
approve. by motion a contracl with Slaton Bros. Inc. for repairs of a damaged retaining wall al Pirates Cove, in
the amoonl of SS t ,522 .50. He said, as you are aware. 1n early JJne of 2009, we discovered that there was a
leak In the leisure pool at Pirate's Cove Worllong the Partis and Rec, we went down and we evdluated ii and
emergency repairs were accomplished that corrected that particular leak and allowed the pool to be open
again in lwo days and it kept us open through the summer of 2009 Al that llme, we notoced Iha' the leak had
caused fadure in the stacked wall that separate!ll tnat facility from Belleview Park. We brought In experts. The
stn,ctural engineers evaluated that wall and determined that It was safe We watched ft .. we watched ~ daiy
out there, but we determined rt was safe and It would gel us through the 2009 season .. with the understanding
that rt would be necessary to rebudd a substantial part of that wall, before the parll opens again in 2010. What
we are here for tonight is an award for Slaton Bros in the amount of $81,522.50 to do those wall repaJJS The-/
IIClually gave us a very good quote about half of what the olher qooles were. we went to a bid on this. And
they are ready to go to work as soon as the weather allows them to do thal And It Is critical that that be done
so that thal park opens on schedule In late May At the same time. we continue to work woth the other repairs
to the pool And we would actually be pouring concrete out there right now If the wealher wasn'I so cold So ,
ttoat will have to wa it until ii warms u~ a little bit, th is spring. But we are on-track to have that facility ready to
go lhls summer and we are hoping that all lhe monies we expend up there can be recovered through litigation
Mayor Woodward asked of there were any questions for Director Kahm .
Council Memtx-r Wilson said have we used that company before? Director Kahm said yes we have Ms
Wotson said okay Mr. Kahm said we are very fam ,Uar with them
Mayor Woodward said I would ask, on the value eng lneeMg It is S600 00 °' somelh,ng like that what ,s lhe
difference? I mea., t~ey do it on tne foeld D,rector Kahm said it amounted to changing some of the block that
was out lhefe, Iust a slight change on the stack wall And we evaluated and determined tt was wortn $500.00
to change the block. We'll end up witn a very goad product That ,s nol an Issue Mayor WoOdward said
okay.
Mayor Woodward as~'ld If there were any other questions. There were none .
COUNCIL MEMBER McCASLIN MOVED, ANO COUNCIL MEMBER WILSON SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (II) -A CONTRACT WITH SLATON BROS. INC. FOR REPAIRS OF A DAMAGED
RETAINING WALL AT PIRATES COVE, IN lHE AMOUNT OF $81,522.50.
Mayor Woodward asked ,I there was any doscussoon There was no~'!
Englewood City Council December 7, 2009 Page 20 Vote results: Motion carried. Ayes Nays Absent. Council Members Penn , Mccaslin, Wilson , Woodward, Jefferson. G1ll1t None Council Member Olson Director Kahm said thank you very much Mayor Woodward said thank you Rick
(iii) Director of Finance and Adminislrat,ve Services Gryglewlcz ptesented a
recommendation from the Finance and AdmlnislrallYe Serw:es to approve a resolution authorizing a
supplemental appropriation In the amount of $150,000 for repaus of a damaged retai ning waM al Pl'ates Cove
He said this is a supplemental appropnahon of $150,000 from the fund balance of the Conservation Trust
Fund for Pltllte's CclVe pool repairs Currently, thefe ,s $100,000 earmarked for repairs and thtS top,c has
been discussed a couple bmes In Study Session th,s year.
Mayor WoodWard said this Includes eveiythlng ... gOlng all the way back to the beglnn1r, Director Gryglewlcz
answered yes sir.
COUNCIL MEMBER GILLIT MOVED , AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (Iii), RESOLUTION NO. 85, SERIES OF 2009 .
RESOLUTION NO. 85, SERIES OF 2009
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A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2009 BUDGET FOR •
PIRATES COVE POOL REPAIRS
Mayor Woodward asked 11 there was any further discussion. There was none.
Vote resulb:
Motion carried.
Ayes:
Nays:
Absent
Counal Members Penn, McCaslin, Wilson, Woodward, JeffeBOn, Gilli!
None .
Council Member Olson
(iv) Director of Parks and Recreation Black presented a recommendation from the
Parks and Recreation Department to approve, by motion . a contract with Duro Electric, of Englewood , for the
Installation of lights at Centennial Pan<, In particular the Brent Mayne Field and the adjacent softball field, In
1•.e amount of $291,065. He said Centennial Park was expanded In 2001 to include a baseball fletd, a softball
field, a small athletic field, trail access and a trait head ... and pari<lng and access to the kayak shoots . In
Phase 1, in the original design of the park, we did include light pole base, Installation with electrical conduits
and connections. Al that bme, we did not have the funding available to Install ... physlcany the lighting poles
and the lights themselves In February of this year, we submitted a grant to Ala pa hoe County Open Space to
assist ,n the funding of that projecl In June we were awarded $167,<IOO as match for the Installation ol lhe
lights. The total cost of the project ts $367,◄00. CurrenUy, we have in the budget .. In the Open Siiace
Budget .. $200,000 to match with the grant of $167 ,400 We do have staff available from Pari<s ar.d
ReCl'eabon to answer any questions you may have. We also have staff from Public Wori<s, who are
coordinating the lnstallatlon of the light project, tonigh~ availa'>I<! to answer any questions that you may have
also.
Mayor Woodward asked ii there were any questions for Jerrell.
Counci l Member Gilllt said Jerrell , do we receive revenue ... does the City receive reve nue from that park ... lrom •
the baseball fields? Director Black said yes we do. Mr. Glllit said co you know about how much revenue that
park generates? Mr Blac~ :3id I would ask Jell Jones. who is our Sports Coordinator ... and he Is the one that
schedules the field. He •nay have a better ..
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Englowood City Council December 7, 2009 Paga 21 Jeff Jones said I am the Sports Adm1nIstrator for the Eng lewood Parks and Recreation Depanment To answer your question currently we reserve or rent that field to some adult baseball leagues I couldn't tell you the figure nght here and right now. but if we are able to ilght that we are going to be able to extend those hours and bnng on more field rentals f0< that field Counc.l Member Gllhl said do you have a ballpark? I mean, I m not ask,ng for an exact figure Mr. Jones said II was we did for men 's senior softball, as well as the NABA, which is National... MSBL. which Is a Men't Senior Baseball League and NABA which Is the Adult Baseball Association and It was right In the
neighborhood of $7500 and that was a weekend only So. they were only out there on Sundays So, 1fwe can
extend that Into the evening hours, In add,t,on to our youth IJ(ograms, we will be able to conbnue to generate
that revenue source
Council Member G,llit said okay. So, basically what happens If we do nothing, we Just continue going the way
it Is now? I mean there Is no safety Issues that we are looking at...rlght? Director Black said no ... no.
D,rector Black said I might add that when we built that field, It was in partnership with the Colonldo Rocloes
They contnbuted about $40,000 All Souls School was a partner...they contnbuled $10,000 to the projecl and
as a resutt we have a partnership wrth All Souls School .. where their schoot uses the field and we schedule
those and they have second pri0<1ty behind Parks and Recreation. We also work with Englewood Schools to
try to coordinate with them In terms of their baseball program , They have In the pas t, played their games
against the City of Sheridan .. Sheridan School District..at that field ... ll Is sort of a neutral site. So, we have a
number of partnerships, In addition lo the revenue production BuL as Jell said, by lighting the rield. we think
that we can greatly 111Crease the revenue beyond what we are t,,v,g,ng now Council Member Gilrrt said thank
you .
Council Member Penn said I think one or the other things Is that there Is such a demand ror baseba ll fields In
the City of Englewood that there Is not enough lime ... dayllghl lime ... for these learns to compete, anymore,
and so they do have to find lighted rields to gel those hours In
o,rec10< Black said that Is correct We also work with local spO<ls association on using all of our
fields ... whether ,rs the Brent Mayne Field or the other fields al Centennial Park
Council Member Mccaslin said! ;.,~~Id like to comment I have been an umpire of baseball and softball ror 39
years and I travel throughout the State And I know the demand for lighIed fields is ho<rendous I mean you
could fiN it .. you could do tt 24 houJS a day and slill probably gel i..•ams out there So, I do highly recommend
that we do this f0< the benefit of our youth and our adutts who sbl wa11l lo oonbnue to do sp0<1s athletics
Mayor Woodward asked If the re were any other questions for Jerrell. There were no ne.
COUNCIL MEMBER PENN MOVED, AND COU NCIL MEMBER McCA SLIN SECONDED, TO APP, .OVE
AGEND A ITEM 11 (c) (Iv), A CONTRACT WITH DURO ELECTRIC, FOR THE INSTALLATION OF LIGHTS
AT BRENT MAYNE FIELD, IN THE AMOUNT OF S291,065.
Mayor Woodward said I will open it up r0<discussion.
Council Member G1lhl said I would like to have some discussion. I have a couple or comments I am unde,
the belief that growth pays f0< growth. And with our budgetary constraints and salaries on freeze and .. .l don't
know . I wou!d Just yes. would I tove to see a lighted park there .. l'rr, Just concerned abo1•t the liming or this
2nd what we are dealing with, wilh the budget It just seems it's fike trying to buy a Cadillac, when we really
should be taking the bus II just seems a little exorbitant to me right now I Just don't feel conrldent to ask lhe
c,Uzens to pay for something when we are going through some other things
Mayor Woodward said I would like to address some of that from the potnl of v,ew of a member of the Parics
and Recreabon Cornm,ss,on In going back to the year$ lo the beginning of the vis,on of Brent Mayne Park
and the soccer field there, and all the ,mprovements that went into that park and everything. And It was very
much, at that lime. something that we wanted lo do, was do that lighting and all of that hghling was pre-wired
Englewood City Council December 7, 2009 Page 22 and all of those caissons and whatever they are called \\'ere pul In at that time, for this Now, the funding for this Is, as you can see .. a S367.400 let's see S291,000 for Ouro Electnc. but $167,400 of that Is coming from a grant from Open Space Shareback Funds, from Arapahoe County This is leveraging our money, leveraging our citizen's money, with money that we are getting from the County for a specific project ,,, that we were awarded back In June, I believe And so. I think whenever we can get this type of percentage of leveraging of our funds for our citizens and for people that use that and we do get a payback on that ... so It's, it's I think it Is kind of understanding where some of these funds are coming . because they are not all coming Just from .. .for example from the General Fund They are coming from a grant specific, where it starts becoming .. use it or
lose It
Council Member Gilht said but .. I understand I appreciate the grant .. but I also understand and appreaate
what the City is going to have to pay And Just because we get money, which doesn't mean I don't think ... l
have a problem with saying let's spend more, when nght now we should be really look,ng at what we can be
saving, versus what we should be spend,ng Just my though~ my stand on that
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Council Member Wilson sa,d can I ask a question? Director Black said yes Council Member Wilson said
okay for Jerrell. Okay the funding source will be provided by a grant award of $167,400 Director Black said
that Is correct. Council Member Wilson said ... and then the budgeted Open Space Shareback Funds ... which
Is used for specific .. , It has to be used for speclric things Director Black said that is correct Council Member
WIison said .. and those things are? Director Black said those things are for open space, trails, recreational
fac,lltles and In the resolution that was passed by the voters: it does include ballfields for that. So, all the
money Is not. .. none of the money Is coming from the City's General Fund , even though It Is sales tax money,
But none of the money is coming from the City's General Fund. Council Member Wilson said so It Is coming
from that grant and then S200 ,000 is corning from Open Space Shareback, which has to be used for
that very specific. Director Black said It Is very specific Thafs righl And this does frt Into that category. •
Counctl Member Wilson said ... and then the Counal Member Jefferson said so, I think what you are really
getting al is those funds couldn't be re•appropnated to go Into the General Fund Council Member Wo!son said
no Director Black said no. they could not Council Member McCaslin said . so we have to use k
Dwector Black said, in fact there ,s a portion that aftowed for maintenance and we use a portion ... 10% of that
for the General Fund for salaries for maintenance, out of that So, the Oper, Space Fund does fund 10% to
the General Fund for a staff position, but that ,s the 10% Is most that can be allowed to go for any salanes or
General Fund . Council Member Wilson said thank you
Mayor Woodward said is there any other d1scuss1on or comments?
Council Member Jefferson sald ... wlth that being sald ... t would generally agree with the Mayor, that In these
situations where you have got a tax collection going ,nto a fund that, according to what originally made it
happen .. said that It had to be spent on Open Space .. you know, Parks and Ree's type of thlng ... you know, in
my mind, like you said, once we when you add In the abihty to leverage that with a grant .. and , ,n my mind, it
makes sense And I totally hear where you are coming from ... we want to make sure that we are counting our
nickels and domes at !hrs pomt but. in my mrnd rt IS not a General Fund issue It's something that cannot be
re-allocated to another use So, if we could say hey, this Is S200,000 we could spend on pobce or frre or
something then I think the argument would be a lrttle more compelling you Ii.now
Counctt Member GmI1 said two questions then Where did tne $200,000 come from? Council Member
Jefferson said tax collections . Council Members Wrtson and McCashn said Open Space Mayor Woodward
said Arapahoe County Open Space that the voters approved In 2004.
Council Member Gilli! said if we don't spend it right now is it sti ll in that fund for the next budget? Mayor
Woodward said the $200,0007 Council Memb<•r Jefferson said it will be In the Open Space Shareback Fund •
It won't be In our General Fund Council Memter Gilli! said II won't disappear? Council Member Jefferson
said It will not dis~ppear ... so we could use It on a different Parks and Rec project,. you know, a trait or
something or crnnect,ng trails or something or that nature
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Englewood Cit y Council December 7, 2009 Page 23 Council Member Giii,t said my problem and I know It w~I probably pass anyway my stand os the allzens are ask,ng us to tighten our betts and this does not took I ke we are llghtening Council Member Wilson said I guess, you know, I have to look at it as we are Investing In our City and I appreciate the revenue that will come from this. so I would have to vote for It. Council Member McCashn said, also, the participation . you know, you can1 put an amount on the people who pan.copate ,n recreational actov,ties on a daily basis. Wrth our society being as they are ... we really need to
open ii up more, So, I think this Is a great way to use our money wisely
Council Member Gillit said f'm looking at a return on inveslmenl...and I'm not sure how soon that is. .. because
we don't even have a good figure ol what we are really earning from lhal So. when we say we are going to
gel a retum ... we doo't really know what that retum is right now. Council Member Wi~ said because we
don't have it. I mean we don't have the lighting .
Council Member Glllit said we don't have a projected or an actual Council Member W~son said I have to trust
staff on this.
Mayor Woodward asked ii there were any other comments , There were none.
Vote results:
Ayes:
Nays:
Absent
Motion carried .
Council Members Pem, McCasfin, Wilson, Woodward, Jefferson.
Council Member Gil1it
Council Member Olson
Mayor Woodward said thank you Jerrell.
12. General Ol1cu11lon
(a) Mayofs Cholca
(I) Mayor Woodward said I want to congratulate all of the winners again for the
Englewood Art Calendar program. I think It ls really a greal program that people do recognize in the City and
outside of the City , as something that is rea ll y valuable for our youth . It ls something that I think is really an
accomplishment for those kids. I think some of our teachers In our schools ... art teachers ... are certainly tw,
of them In the past two years have received awards from the State. Some of their work shows in some of
these kids.
(II) Mayor Woodward said Doug, a couple of your things. With regard to Alignment
Masters, we talked to .,em. They did not leave the City because of anything with the City, other than they
couldn't get the property ne>C1 door, to expand They have been a long time user of Englewood. .. were a long
time business In Englewood and consider themsefVes as Englewood's and sbU participate in thongs wtlefe
they've been asked wit:. regard to Englewood. The reasoo they left had to do with the property that they were
unable to get lo the north of their existing place , not because there was something wrong with Englewood. Mr,
Cohn spoke from the audience. Mayor Woodward said I had ta lked to Johnnie too and I think Bob had ta lked
to him. Council Member McCaslln said I'll comment on thaL Mayor Woodward said okay. I'll let you talk oo
that later. With rega,ds to a dentist and a hot dog stand not being welcome in the City ... I can't imagine why a
dentist wouldn't be welcomed ... and the hot dog stand , I don't know anything about it. But. I am just amazed
that. .. unless these are some sorts of build ing code issues a~d sirce our building code Is standard building
code from 1996 .. or universal building code
(oil) Mayor Woodward said Elaine you had menboned some of the things with the
Housing Authonty. I did talk to Ute Housing Authc.rity, but I can't take any credft for anything that happened
there All of those things were already in process I think, as you know, these things take time, ooce lhey get
started into a process. The Issue that Mark brought forward a couple of weeks ago, wilh regard to loo many
Englewood City Council December 7, 2009 Page 24 people living ,n a particular un,t, that had already been In process by ... and had been go,ng through the processes, legal processes , and I believe by the next day when I talked to the Housing Aulhonly people. it had already been resolved. And so I would want to encourage you again, Issues wllh Englewood Housing Authority really need to be addressed with Englewood Housing Authonty , It's Just like coming foiward and directing issues with regard to County or Issues of the School Board. We don't have the authority. They are a separate governmental body. It really needs to be directed to them . Ms. Hults spoke from the audience. Mayor Woodward said with regard lo the suits that you had mentioned, I am aware of what is written on there . I would .. .! think that's a blog Anything you can write, you can sue anybody you want. They've come f01Ward
before with these things and then they get thrown out and I feel confident that this one wdl be thrown out too. I
fmd them to be totally unfoundC'd and not warranted That's all I will say on that, since It Is a legal adion.
(iv) May0< Woodward said Shannon, f did receive your call a couple of weeks ago. I
rece,ved •.. after you had talked to Rlcll, Rldl sent out an emaB to Council and that was, I believe, Friday
1n0<ning. We did have our pacltets. Joe had already put in a Council nsquesl and we received that Thursday
night In our packets regarding that. And It had lo do with ... I think as you had ment1011ed and staff had
mentioned, Baker Park being more of a neighborhood park not a destination park like, for example Jason,
Belleview, Centennial. There lsn1 a restroom there. It has had a hlstO<Y of, I think, of vandalism. There was
not one there last year. Another park would be Duncan ... would be another example of a real nelghbomood
park or Emerson, where there aren't restrooms there. I mean, It's mainly people from the nelghbomood that
go to Baker Park, other than the school , An~ the biggest park that I am aware of Is probably Hosanna, which I
think lour Baker Parks would fit on, there's no port-a-potty there either and no restroom with ... I mean the
restroom Is locked up, So, I think from my point of view, staff Is the one that really needs to and does
determine the use and the need. The feedback that we received in our Council reques~ which Joe has, is that
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It had to do exactly with that. .. with activities at those parks and the use and need and budget restraints that •
we've experienced In 2009 and 2010
(v) MaYOf Woodward said I would also just like to mention Iha! the decorations around
CityCenler, down here .. .l thlnk ... and the tree, the lighting of a couple of weeks ago went realy well II was
somewha~ I think, of a surpnse to al of us that there were so many people and for that event that did show up,
that It Is probably one of the ftems that i s Important to the community that we have that and continue that
ceremony to the extent that we have rr.l ybe In past years. Council Member Jefferson said Mlle High was a
great partner in that In providing the hot cocoa, Which was delicious, and gave some people something to keep
them warm out there. May0< Woodward agreed. Mayor Woodward said it was very nice and I think
CltyCenter ... Public Works, and whoever, has really done a nice Job and it looked very well done I appreciate
that.
(vi) Mayor Woodward said I wanted to announce that Breakfast with Santa at the Malley
Center Is Saturday, lhls coming Saturday, the 12'". 1 thlnk ... Jerrell, Is that at 8 o'clock In the morning? Director
Black said I'm not sure . I can find out and gel back lo you. Mayor Woodward said we ll It's In the morning. I
would think 8 o'clock wouldn't be too early to get there to get in line, anyway.
(vi) May0< Woodward said also the Ceffic Yulebde pe!fonnance lhat's done In Hampden
Han ts ... having gone to ft last year, and knowing that they have done a number oLI mean, they've been
getting ready lor that play and stuff II Is a musical that is done by numerous, local Englewood cibzens ... are
people that do it. II ls a great show If people have the opportunity and want some holiday fun some evening,
please look Into that.
(viii) Mayor Woodward said I guess during lhis holiday season, the last thing I would say is
that we do rely as a government mainly on sales and use tax for our City. So, during the holiday season and
throughout the year when possible, please buy Englewood.
(b) Council Members' Choice
(I) Council Member Penn · •
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Englewood City Council December 7. 2009 P1g1 25 1 He said not only the winners on the calendar, but I'd also ltke to thank everybody that helped put that together What a fantastic job they have dona , and If you would pass that on, Gary Sometimes we forget who does all of the work behind the scenes. I think •• ,ey did a tremendous job 2. He said Shannon. I've not been over there at nigh~ so I don't know what It ls like over there . Hopefully we can take a look at what kind of lights we have over at the .. I'm sorry. I mean Colleen; I'm sorry ... what kind of lig hts we have over there. I've never been there at night so ... l usually go during the day, so I don't know what that's like . Hopefully we can get that done.
3 He said Doug, again you come up with some reaUy good positives and I do thank you for that I would
say on the au shed rock for the driveway. ~ my memory serves me correct. I thought we allowed lhaL If you
would have that person at least get a hold of us Doug, f think that would be good. Mr. Cohn spoke from the
audience. Council Member Penn said they could get a hold of me W they want and then rn direct them to the
right place so we can get that going.
4. He said as far as the businesses from 285 aouth ... of course, that's in my Cistrlct I do walk that quite a
bit and I do talk to them a lot I'm hoping that Jerry's Leather Goods just changed ownerships. I'm not s~re
that they are moving out Doug, but I will find that out for you. S & S has been gone ror quite a while, leaving
Brook~dge Shopping Center, and going down south. They were a good member for a long time. I agree with
the Mayor. I do not believe that anybody here would tell dentists or hot dog people ... lf there is a cha nce to get
a retail place or some business here In Englewood, I just cannot believe that they would tell them that. I would
hope that they would get a hold of either lhe Mayor or myself and we can get that taken care of so we can
make sure that's going right. That's all I have. Thank you very much .
Mayor Woodward said thank you
(i) Council Member McCasfin.
1 He said okay, as long as we are on Doug, I might as well..l've known Johnnie from Alignment Masters
for about 10 or 15 years, from softball. as a matter of fact I regularly use his service. Even before I was a
Councilman, and dunng my terms as a Councllman , I've talked to Johnnie about his concerns 1-nd It was never
about what Englewood has done. He needed a bigger pl,ce and he found a place . It was the right timing . II
had n~thlng to do with Englewood. So, you can call Joh, 1ie tomorrow and have him call me and say Bob
you're wrong, but I'd like to hear that call. In no conversation that I've had with Johnnie In the la~t 10 to 15
years as the re been anythi ng that we've done to him. The , you .
2. He said Shannon, I'd like to read you o portlon ... Baker Park Is not the only park In Englewood without a
port-o-potty, Clarkson Park, Emerson Park, Barde Park, the Southwest Sett. the Northwest Sett, Rotolo Park
and Duncan Park are seven other parks that do not have ... Just for your Information, so you don't think we are
plctung on your area I don't want you lo feel like we are picking on you. B~ hopefully if we can resolve It we
wi~
3 He said Elaine, as far as your conspiracy I have never been involved in a conspiracy and never wil be.
Where you get this information, I would like to know I was elected as a Councilperson to represent
c:onstrtuents thal came to me with different concerns they had with the City . AU I can do Is to bring them
forward I'm not, nor ever have been, Involved in a conspiracy. If you put my name out there ... as Involved In
a conspiracy, it is just false and I don't like that If you have a problem with me, my phone number Is in the
book and you can call me. I will be more than happy to address any concerns. But I wm not lnvolved ... and on
public record .. .l am not Involved and never will be Involved In a conspiracy. Okay? Thank you. That's all I
have .
Mayor Wocldward said thank you
(iii) Council Member Wilson
Englewood City Council Oecember 7, 2009 Page 26 1 She said well , everyone's pretly much said everything I think Shannon, part of the problem Is the budget so that I think Is a huge ,ssue, as far as p0r1-a-pottles 2 She said and with Colleen, I didn"I hear whether or anyone on Council did she say that t.,ghts were burnt out or ? Okay I'm sure that can be, I'm sure, looked at by Parl<s to fond out d they need to be replaced Ccunctt Member Jefferson said iust to clanfy, she was askrng one was out and she was requesting add11Jonal l,ght,ng on the Joi Council Member Wilson said and that addrllonal hght1ng I th,nk ,s Just something that we wdl have to look with the budget and everything We can de(initely check that out
3 She said I am really Inte rested In the brothel and ir we have one I atsume that the Police can check that
out at 980 East Hampden Mr Cohn spoke frr,m the audience
4 She said and I can't believe lhat we wouldn't want a denUst or a hot dog stand, unless the denbst was
selling hot dogs I don't know It seems a llltle strange, along wtlh lhe gravel
5 She said I do want to lhank lhe kids that put all of this effort into lhe calendar and all of lhe kids who sent
In their artwork It's huge. I want to also .. kudos to Leigh Ann because she puts so much work Into this project
and it's from her heart and always has been. l"ve been working with the Cultural Arts Commission and ii Is
totally from her heart
6. She said I was down In the library before coming up here and I was talking to Miss HIiiary, who's in the
children's portion of the library. My granddaughter used to go to Teetenots down there last year and we used
to have about 12 to 15 kids weekly in that certaln story tlme. Now lhere are 38 krds She had mentioned lhat
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she saw ... at least 2,000 children car1e through their hbrary last month. l lhonk that's huge. I don't know H lhe •
necessrty IS because of lhe economy and people are coming here instead of other places, but to have 33 kids
In one T eetertols lottle story tJme and play trme is atso huge I am Just so appreciatrve that we have people ~ke
Miss HiDary. There are two pan-time libranans for lhe child's portion of lhe library, so they do a bemendous
job .. .l believe they each work 27 hours, so the1 do a huge job in serving that many kids per monlh. So kudos
7 She said and everyone please have a happy holiday and be safe
8 She said and Jackie, I also thought lhat was very Interesting about lhe food portion and the Interest It Is
kind of like .. how do you regulate that? I thi nk that will be interesting and I think It's necessary, so thank you
ror bonging that to the table.
Mayor Woodward said thank you
(1v) Counc,t Member G1H1t
1. He said I love the an with the krds. I'd like 11 If they would sell some of that, there's a couple that I would
like to buy Bui I'm real proud of them
2. He said Shannon thank you for coming an1 presenting I know ,rs a httle scary to come up and talk and
lhank you for coming up and voicing your conoem I hope that you did get the feehng lhat we did take your
concern and talk about II I feel confident that we have some good answers for you Maybe not the answe,
you wanted, but I know that we are loolong at lhat Issue as well So. lhank you again
3. He said Colleen . I was nding around with Englewood's finest on Fnday night doing a ride-a-long with
our Police ... and one of the places I asked the officer lo go was to Canine Corral, We were there about 7:30
and It was dart< It was loo dart< We agreed that It did not appear to be a safe place and that even though the
part< was open ... nobody was there, itjust...We both agoeed that neither of our .. Wll would let neither of our •
wives go there , We Just fell that It was an unsafe environment with where It is al, the l1ghtrng and so, I hope
Iha! somebody will look at that and look at II al night, when it Is dark. Thank you for bnngIng Iha! up It was
JUS I so funny because we had Just discussed that wtlh the officer and he thought It was a concern as weU
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Englewood City Council December 7, 2009 Page 27 4 He said Doug, thank you for coming In again I, like the rest, would love to know who the concrete guy 1s If you could get me that mtormat1on, we denn1tely need to know about that 5 He said . Elaine. not Elaine Jackie, You bring out exaclly what Is go,ng on with this Issue of legalized cannabis and medica l there 1s so much Information and I know thai there are people who want lo gel their businesses going, which seems like every time I turn around there's another bit of good Informat ion that we didn't have before . I would have loved lo have seen the presentahon tonight and hopefully we can still see thal I'm I would never tell people what they could and could not take to help them, but If we are going to do
It, I prefer we do it hke we decided 1on1ghl and thank you for being involved In lhat
6 He said happy holidays to everybody
(v) Counc,I Member Jefferson:
1 He saJC! I first just want lo congratulate all of the folks who were h,g ,1hghled in the calendar as well and
thank all of the staff that helps put thal together I think it Is really lmportanL especl11lly in sman communities,
thal we recognize our youth and they accompl,sh things and provJC!e opportunities for those types of
recognl!lon.
2. He said to Jackie, thank you for bringing up some issues . I lhink we do have a long way to go on the
primary ca regiver issue and also wilh some of the health issues that are out there surrounding the policy.
3. He said to Shannon, I did want to Just read quickly the response that we did get from staff, I think Bob
had read some of the suggeshons Baker Is not the only one without a port-a-potty There are a ton ot other
ones without tt The ones that do have port-a-potties are Belleview, Centennial, Rockies, Jason, Cushing,
Bates-Logan. and Romans The rationale was to place port-a-polbes where activlUes occur dunng the wviter
months and there's nothing scheduled In Baker dunng the winter months And then a lso saying that budget
restraints have caused us to reduce the number or port-a-potties Citywide over the last 4 years Where I think
her actual argument becomes somewhat compenlng Is I think what she is stating that there are 7 parks out
there w,th permanent facilities and that someone, at some poin~ made some sort of a determination that those
are the places that needed tacihtles and of those 7, Baker is the only one that doesn't have port-a-potties
during the wini er. And so JUSI to highlight her argument and kind of boll tt down Council Member McCasl,n
said can you explain it? I thought there was 7 other parks that did not have them. Council Member Jefferson
said and that's what's highlighted In my Council request II was just saying here's the ones that have ii and
here's the ones who don't. In my conversallons with her, her argument in many ways goes that there's 7
parks in the City that have permanent racllllies that, you know, have ~ structure with a bathroom In it. Dunng
the win i er, those are locked up and of those 7, 6 of them have port-o-potties during the winier and she is
suggesting that Baker was the only one that has a permanent facility that doesn't get a port-a-potty. Mayor
Woodward said this Is . ., Council Member Jefferson said I'm not sure If that's true.,. Mayor Woodward ~Id
what wasn't added was Hosanna on there Hosanna has restroom facll1ties there Hosanna 1s a huge open
field park, so there 1s two actually, lncluctng Baker Council Member Jefferson said so okay there Is an
exempbon to wt.al her argument where Is Hosanna located? Mayor Woodward said Hosanna Is nght behind
the high school, where the two big soccer roetds and the baseball fields are Council Member Jefferson saJC!
okay And thars great Yoo know I thmk part of Shannon's concems was that in her area she wanted to make
sure lhlll resources were allocated somewhat equally, you know, on different areas I'm happy to hear ... arid t
appreciate you bringing that up, that Hosanna does have a permanent facll1ty, but no port-a-potty Mayor
Woodward said no port-a-potty There's .. living by there and suggesting that there's only a couple or places
where you could put a port-o-potty, and one or them would be up by the old grade school, which would, as
soon as it snowed, 1t would be going down the hill. It would become a sled, And as Randy said earlier, he'd
probably be in It. Bui it would nol be a good Idea. Council Member Jefferson said just from my perspective ...
Mayor Woodward said just lo point out further, District 3; we have 2 parks, Hosanna and Duncan. Neither one
of them have port-a-potties. Council Member Jellerson said or permanent facilities . Oh no, you said .. Mayor
Woodward said in District 1, certainly I think there are port-o-pottIes at Cushing Park That Is centrally ,. in
Cushing and so is Bates-Logan City Manager Sears said there Is a port-o-potty at Bates-Logan also. Mayor
Woodward said Olstncl 3 1s the one that Council Member Jefferson said that Is getting the short end In your
mind? I appreoate yoo bnnglng that up From my perspecbve, you know. this ra110nale, In my mind makes
En glewood Ci ty Council Decem b er 7, 2009 Page 28 sense We need to aUocate our resources where. you know, the c,uzens are making some utohty of those resources You know, I'm okay with this but I did want to make sure that Shannon's argument was presented and tnat we gave 11 some discussion 4 He said 10 Colleen, I think we have got a request In there to fix that one light and maybe we can doscuss future lights. S He said Doug thanks for those mce words. I think we have told the Police about 980 East Hampden
and generally I think those type of thongs probably need to go d1rectty to the Poroce. The gravel, the
concrete . , you remember in those situations, the only reason why they would have to go lrom gravel lo
concrete would be if they did a new structure or If It's ... so 11 depends on how much construction or how much
work he 1s doing and maybe we can discuss It a hllle bit afterwards the spec,focs and 1f you want to provide
the address and whalno~ I am happy to run 11 by stall and make sure where that threshold Is and whethe1 he
has crossed It or nol
Council Member Gotht said I thought ,twas changed . Council Member Jefferson said I'm sorry What was
changed? Council Member Gilht said that you didn't have to go to concrete. You could use gravel as a ...
Council Member Jellerson said oh Is that right? Is that where we ended up? Council Member Wilson said I
thought that Council Member Penn saod cenaln types of gravel. Council Member Wilson said yes and
certain .. , Council Member GIiii! said that is right Crushed rock Council Member Jefferson said that's nght,
that's nght .. okay ... t apologize My memory was a little vague there, because I thought...that was when we
origlnally discussed this, if you meet a certain threshold then have to go .. so, okay, So, maybe we are just
confused Yes, provide the address and maybe we can look into that. Because maybe whoever said that has
the same confusion I just dod. That's possible
Council Member Jellerson saod, as far as the business friendly realm ... Doug, I think that we have lots of
people up here who are happy and want to be more business fnendly and want to make sure that conshtuents
see us th at W'lf. I guess I would encourage, as we hear about these Instances of less than friendly practJces,
that you encourage them to contact somebody hke myself or, I imagine, anybody sitting up here, that we would
be happy to get involved and make sure that we are seen as buS111ess friendly Because f know that thars a
battle that we are sort of fighting right now, an ove rarch ing s011 of thlog going on for a long Ume and 011er the
last several years , I have seen a lot of people up here making elfoi1s lo make our community more business
friendly and so, you kn ow, if something happens, please direct them dorecHy to us, so that we can Ir) to gel
involved and salvage Englewood's percept10n there.
6. He said to Wayne, thanks for bringing ,. glad to hear that you got some of your concerns fixel
7. He said, as fa r as eyeonenglewood com , with the Mayoc Jim Woodward and Council Member
McCashn I would be sh?cked of 11 were not dropped at the first opportunity If it hasn't been dismissed
alre ady I would actual ly be kind of surprised .th is has been going on for a little whole And so, In my mind,
)Ust to let you know, I have never seen anything illegal or anything of that nature So, like I said, I would be
shocked if 11 were nol dismissed at the earliest opportun,ty.
8. He said finally, the moratorium .. are we wa1hng on additio nal language or are we 'g01ng to do that
tonight? Assistant City Attorney Reid said on the 21st Council Member ,lefferson said ... the 21st Mayor
Woodward said they will bring It forward. Ms Reid said we will bring ii forward , an ordinance, to extend the
moratonum Council Member Jellerson said t~.ank you
Mayor WOOdward said thank you
13 City Manager's Report
(a) Ctty Manager Sears said we do have one addo!oonal rtem The Mayor will present th is
Mayor Woodward said this Is the workshop, for Council and stall and the Directors. for January 25th w11h
Kathy Novak , as a rac111tator from the University of Colorado Denver, Center for Improvement of Public
•
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•
•
•
Englewood City Co un cil December 7. 2009 Page 29 Management School or Pubhc Affairs. This is for holdi ng this worksho~ for us . Fees for holding lh1s workshop lacllitallon are $500 00 and Interviews with all Council members Is $65 a,, hour and a lotal fee nol 10 exceed $1000.00, which is, In my opinion, one heci< of a deal And I lh1nk we ha~ some real special consideratJon on lhrs we discussed lhis tasl week al .. two weeks ago. at Study Se.•~ So, I would kke lo make lhe mobon approve thlS and to have the City Manager move I01Ward with conlraetrng and doing lhls for January 251h (Clerk's nole: This was listed on the Agenda as Item 12 b (i).J
MAYOR WOODWARD MOVED, AND COUNCIL MEMBER WILSON SECO NDED, TO APPROVE A
JANUARY 25, 2010 COUNCIL WORKSHOP FACILITATION BY KATHY NOVAK.
Mayor Woodward asked if !here was any discussion. There was none
Vote results:
Molron carried .
Ayes.
Nays.
Absent
Council Members Penn, McCaslin, Wilson. Woodward. Jefferson, Glllit
None
Council Member Olson
City Manager Sears said, jusl lo note, thal I lhink Kalhy Is an oulstandlng Individual. I've worked wllh her In
the past The stafl ... l've talked lo stafl ... and they are all planning lo be there also. So, It will be a very
positive wor1( session
14. City Attorney's Report
Assistant City Attorney Reid did nol have any matters to bring before Council.
15. Adjournment
,wooowAAo 7.?::"'"'' The meebng adJOurned at 9:55 p.m.
2009 Holiday Decorating Awards Mayors Choice 615 East Amherst Avenue Jeremy Wimmer Founder's /1ward 1481 East Bates Parkway Zeke Cordova
Jingle Bell Award
4536 South Sherman Street
Doug Haas
Environmental Award
4600 South Sherman Street
David Alfred Lemay
Englewood Landmark Award
4990 South Elali Street
Richard and Alice Kloewer
Holiday Spirit Award
5041 South Elati Street
The Kloewer Family
Gingerbread House Award
4900 South Inca Street
Brad and Patty Fincham
Honorable Mentions
4101 South Sherman Street
The Miller Family
4597 South Acoma Street
Esther Octavia and Pat Happy Holidays
4085 South Jason Street
Samantha Davis and Terry Gibson
1 Engl wood ity ouncil Meeting 37 Erin' pa sing on D 'Ccmhcr 2 3 4 5 6 D c mber 21, 2009 7 Jacqueline Edward Concerning 1 dical Cannabi 8 Good evening. 9
10 Thank yo u for ha ving me this
11 evening.
12
13 And a BIG thank you for
14 drafting the Ordinance to
15 extend Englewood 's
16 moratorium on new
17 dispensaries.
38 12. 39 4o She was an cxtraordina1 4 1 teacher , friend and a . o iat '· 42 43 Erin was a care giver in th
44 finest sense.
45
46 She truly loved and ervc d her
47 patients.
48
49 Her leaving has inspired many
so of us within the
51 compassionate medical
52 cannabis community to
18 53 rearrange our responsibilities
19 We can make good use of the 54 to.continue Erin 's work .
20 extra time and also find out 55
'H what the State intends to do in
22 the way of regul atio ns on
23 Colorado's m dical cannabis
24 situation.
25
26 There's so much activity
2 7 around the State on this topic
28 right now , it 's beco me an
29 every day news item.
30
31 There's still o much to be
3 2 sorted out and understood.
33
34
35 These past couple of weeks
3 6 have been tumultuous, with
56
57 I want to give each of you an
s8 article I wrote that yo u can
59 read later.
60
61 It's a tribute to Erin, her
62 indigent patient care program ,
63 and the compassionate
64 medical cannabis community.
65
66
67 What I'd like to do, while the
68 fog lifts and the moratorium is
69 still in effect, is invite various
70 professionals from the
71 medical cannabis industry in 72 to share their knowledge. 73 74 They could educate us, first-75 hand, about their aspects of 76 the industry, what the needs 71 are, and their concerns.
78
79 Fo1 example, people who
So make medicated edibles, oils,
81 and tinctures or balms.
82
83 Dispensers, caregivers, there
84 are so many areas to cover.
85
86
87 Safety is the #1 concern.
88
89 Everyone's safety.
90
91 Safety for the community, the
92 patients, care givers,
93 dispensers and their
94 employees, medicated edible
95 and topical solutions, growing
96 fires, power needs ...
97
98 Many, many concerns to
99 address.
100
101
102 Then, there are the
103 transporters of all of these
104 goods.
105
2
106 They could be coming from or 107 goi ng to anywhere in 108 Colorado. 109 110 We need to have Tri-{.' .nty 111 Health involved in the 112 planning for kitchens v. here 113 edibles are made and sto,~:d.
114
115 They may not even allow
116 kitchens for this use, but I
117 don't know.
118
119 I do know a woman who's
120 been struggling with Gilpin
121 County over opening a
122 commercial kit-:hen for
123 medicated edibles.
125 She'd be a good one to have
126 educate us about her aspect of
127 the industry and issues with
128 that county.
129
130
131 We have a great city.
132
133 6 square miles or so of at least
134 30,000 spirited so uls and our
135 own culture here.
136
137 Great cities have a spirit and a
138 culture that businesses are
139 willing to support.
140
141 142 Even though I grew up and 143 h ave lived most of my adu lt 144 life in Denver, Englewood bas 145 always been a place I liked to 146 visit. 147
148 I love living here.
149
150
151 As a teenager, my girlfriends
152 and I couldn't wait for
153 weekends so we could go to
154 Cinderell a City.
155
156 The first movie theater I had
157 the nerve to go into alone,
158 back in my 20s, was the
159 Gothic Theater.
160
161 The first drive-in I had the
162 nerve to go into alon e was the
163 Cinderella Twin.
176 It had "heady" so 1t of shops in with lots of cool stuff. 17 8 179 Kinda hippyish. 180 181 It was always crowded. 182
183 Of r.ourse, there were no
184 medical cannabis stores there,
185 but maybe so me sort of
186 similar, updated district or
187 districts could be considered,
188 with shops in addition to
189 some of the medical ca nnabis
190 operations.
191
192 Eventually, and I mean
193 eventually ... maybe even
194 some small residential areas
195 converted to commercial use,
196 similar to South Pearl Street
197 or Old South Gaylord in
198 Denver.
164 199
165 I saw "Reefer Madness" at the 200 Artsy-so rt of stores.
166 Gothic Midnight 201
167 Underground Movies in '7 2 or 202 Make it ea :y to patrol and
168 so. 203 have stringent but not
169 204 strangling Building Code
170 Cinder Alley in Cinderella Ci ty 205 requirements, depending on
171 was a huge draw . 206 the type of operation or the
172 207 size of the grow.
173 It was my favorite , back in the 208
174 '6os. 209
175
3
210 May as well draw as many 211 Baby Boomers back to m Englewood while we're at it. 213 214 The aging popul ati on is 215 fi nding a need for reli ef fro m 216 their aches, pa in s, and
217 ailment s.
218
219
220 So what if Engl ewood's ca re
221 give rs wind up with mo re
222 pa tients than other
223 muni cipaliti es?
2 2 4
225 The City stands t o
2 2 6 sub st antially improve its t ax
227 base and expand its fe es base
228 by havin g a well-regulat ed
229 medi cal cann abis indust ry
230 here.
231
232
233 If ther e's som e legal way to
234 keep people from advert ising
235 their medical ca nnabis stores
236 with neon li ghts a nd "pot "
237 leaves, it would be a re all y
238 goo d idea to do so.
239
2 4 0
2 4 1 I'm going t o turn the fl oo r
242 over to J ames Murkl and .
243
4
~44 J am es is th e Direc tor of North 245 Ameri ca n Ca nn abis Co -op. 246 247 He has an eno rmous wea lth of ~48 kn owl edge abo ut a n 249 eno rm ous wea lth of topics.
251 (Thank J ames & Lesli e for
252 co min g thi s even ing .)
253
254
255 Agai n, l th ank yo u for d rafting
256 th e moratorium extension.
257
258 I'm rea ll y happy about it!
259
260
261 I sure wis h Er in co uld ha ve
262 li ved to see the fr uits of her
263 labor.
264
265
266 We'll ca rry on .
267
268
269 Th ank yo u.
270
271 As Erin wo uld say, "S halom."
272
273
274
Lou Ellis From: Sent: To: Subject: Att1chment1 : J M EDWARDS (J M_EDWARDS@msn com) Monday, December 21 . 2009 10 50 PM Lou Ellis 12/2 1/09 Council Speaker Notes Englewood City Councll Meeting 122109 doc Lo•1. the attached is my speech from th is evening's Council meeting. I lave a wondcrrul Holiday! Jackie EdwJrds
PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT December21 ,2009
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
Pt.EASE PRINT
NAM E ADDRESS TOPIC
-----------------------
• ?-Illa P!I? -1800 Chen-) Creek Dnl'c So uth J101 Den1er. CO 80246 December 7, 2009 Englewood CJ\'lc Center
C11y Co uncil Conference Room (3rd Floor)
1000 Englewood Parkway
Englewood, Colorado
Dear Keep Englewood Beautiful:
Unfonunatel). I will no longer be able 10 serve as a comm1ss1oneron the Keep
Englewood Beautiful comm1ss1on, I am resigning due 10 movmg ou1 of the country in
the New Y car.
Thank you for the opponunity to serve the En glewood community and participate in our
local government. I have reall y enjoyed and appreciated ge ulng 10 know the fe ll ow
• commissioners and being involved in the comrnun11y.
Sincerely,
Mila Pilz
•
Ba
• CO UN CIL COMM UNICAT IO N Da te: Agenda Item : Subj ect: December 11 , 2009 9 a I Country Homes Metropolitan Distri ct Wastewater Connec tor 's Agreement lnit •ated By: Staff Sour ce: Utilities Department Stewar t H. Fonda , Direc tor of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council approved a stan dard sani tary sewer connector 's ag reement in January, 1988.
RECOMMEN DED ACTION
At their ovembe r 10, 2009 meeting the Englewood Wa ter and Sewer Boar d reco mmended
Co unci l ado pt a bi ll ior an ordina nce authori zing a Wastewat er Connector's Agreement between
Co untry Homes .'vletropolitan Dist ric t and the City of Englewood.
• BACKG ROUND, ANALYSIS, AND ALTE RNATIVES IDENTIF IED
•
Sani tary sewe r service is provide d to distr icts ou tside of the Englewood corpora te boundaries
thro ugh th e stan dard connector's agreement. The Li ttl eton/Englewood Wa stewa ter Trea tment Pla nt
is ab le to receive and trea t sewage transmi tt ed by various districts . The attac hed agreement
add resses this service with the district that own s and ma intai ns the sewer mains.
In the Country Homes Me tropoli tan Dist rict there are 32 taps. The Country Homes Metropolitan
Di strict will con tinue to own the lines and will be respon si ble fo r capital imp rovements in its system .
The attached map shows the Country Homes Metropolitan Sanitation Dis trict.
The Ci ty Attorney's offl.;e has rev iewed and approved the standard connecto r's ag reemen t.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Wa ter and Sewer Board minu tes from Novembe r 10, 2009 meeting
Bill for an Ordinance
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\\' \TER AND SEWER BOARD Mll\'UTES Xo,·emher 10, 2009
The meeting was called 10 order at 5:07 p.m.
Members present :
Members absent :
Also present :
Moore. Cassidy. Wiggms, V. ,.-'ldwanl,
Oakley, Clark. H1gday. Habc•1ch1
Bums
Stewan Fonda. Dir,·zt, · .'I Uti lities
Bill MeConnick, ()p,:rlliOIIS Supt.
John Bock. Mw1ager of Administration
I. MINUTES OFTHE OCTOBER 13. 2009 MEETING.
The Englewood Water and Sewer Board received a copy of the minutes of the October
13. 2009 meeting and approved the minutes of lhat mccung.
Mr. Higday moved ;
Mr. Wiggin s seconded :
Ayes :
Nays ·
Member.; absent :
Motion earned .
To approve the October 13, 2009 Water
and Sewer Board minutes. as amended .
Moore. C:issidy. Wiggins, Woodward.
Oakley. Clark. Higdny. Habenicht
Kon e
Bums
CIIARI IL' BLOSTE:--: CIT\' OF LITTLETO:--: REGARDING BIKE PATIi ALOl\G C'ITY Dll C'H FRO:.1 LEE Gl'LC'H TO BELL \'IE\\' C'hurhe Bloston, the C'ity of L111lc1on Director or Public \\'orks, Be, Bradshaw." nh the South Suburhm1 Parks un~ Recreation Board and Robcn Sc:1ms with The Greenway Team. appcan.-d before the Board 10 discuss a bike path along 1!1e C'iti Duch righ1--0f-11a~ 111 L111lc1on C'harhe Blostcn outlined the proposed bike,pedcstrian 1:ail that would follo11 U1c C'it)'
Ditch from Lee Gulch 10 Belle\lCII and connect to the B1j! ::>r) Creek Trail. Mr. Scams
presented a Po11 er Point presentation showing photos of ill'ca5 along the proposed bike
trail.
The Board discussed water quality concerns. being that the Cny Ditch is ad' ,mg water
source for the City of Eni;lcwood. Bill McCom1ick noted that II is possibl , ,~, ,. ,,s urea
of Cny Ditch could be piped in the future 10 improve water quality. Pipit ~ ,vould ~•table
the C"ny Duch to now m the winter and improve 11atcr hardness.
Mr . Bloston discussed possib le h1s1onc or Open S11acc fu ndmg that may be J' ~iht~ 1c,
The Board noted that the ramifications of these loans would have 10 he inves\ig. '.Cd
before a commitment could be made.
•
Mr. Higday discussed piping the entire length of the City Di1ch 1hat would be adjacent 10 •
the bike tr:111 before the trail 1s ins•alled. Discussion ensued rc!!ill'ding funds required for
piping approx imatcly I J to '·, mile of City Duch . Other concerns nc,tcd were dogs nnd
c-co li. liability and security issues. Mr. Bloston said that they hal'c had discussions with
Denver Water Dcpanment about purchasing temporary water 10 run in the City Ditch for
imgation.
C'hlinn an Clark recommended that Englewood staff investigate lega l ram ifications and
other noted concerns regarding tlus request and the Roard continue discussion at the
Januar)· ll. 2010 meeting,
3. MR. PETER HOGENDYKE -RE™BURSEMENT FOR SE\\'ER BACK UP AT
~S-11 S. f'ENNSYL\'ANIA ST.
~Ir Peter lfoogcndykc appeared before the Board regarding J se"cr backup at his
mother's house at 4841 S. Pennsyll·ania St on Augi:st 20, 20<>8. The backup was caused
hy ti blockage in the main .
Englewood contracted with Palace ConS1ruction
lcuer of pre-authorized services 1hnt the Ci 1yor
rccc1l'cd a copy llf the release signed by the 01111c
repair and cle..,, , wing them a
,vood would cover. The Board
·s. Hoogendykc. authorizing •
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.1J1h11c,na l dcanup. Palace C'ons1m~11011 pcrfonncJ rcp.nr, hc)1111d II ha1 Engk" 110d had :1u1hon1cd 1111hc orig inal lencr Pc1cr I loogcnJykc bclic1·cs 1ha11hc charges from Palace C'ons1mc11on 11ere exccsm·e and his mo1hcr. hcmg 91 and 1n ill hcahh. 11as 1101 a\\arc lhal add111onal charges "'ould be fonhcommg. assuming lhe cleanup was covered b) lhc ongmal con1rac111 llh Englewood. ~Ir. llooycnd)kc filed a claim 11i1h S1a1c Fnnn. whicr. "as denied hecausc lhe cause of 1hr damages origina1ed ou1side lhc propcny lines. The Hoogendykes are 11011 being sued b) Palace C'o11s1mc1ion for lhe rc111,1i111,,g balance.
John Bock prol'ided background infonnauon on Palace Cons1ruc1ion . Al approxinmcly
lhc ~me lime. lhc Cily was obrnining bids for res1ora1ion services on a s1and-by basis.
Palac· • ~ns1n1c1ion was nol seleclcd . Mr. Moore no1cd 1ha11hc signed release did not
i1em1z, t1rk lhal was 10 be complelcd nor amounts 10 be charged.
The Board direclcd Utiliucs slafTlo provide suppon and assisiancc for 1he tnal on 1he
homeowner's behalf. The Board will discuss lhis issue further after a coun ruling has
been received ,
-I, SHERMAN WATER TANK REHABILITATION.
Engl,wocd's Shcm1an Tank. a 200.000-gallon water 1ank. serves lhe sou1heas1 portion or
Fnglt·• ood. Earlier lhis year. !he lank was inspec1ed. and 1he beginning of corrosion was
noled , As pun oflhe proposed lank rchabilirnuon project lhc lank ex1crior and s1n11d11i11c
will be cleaned. lcud-based painl ubmcmem will be provided for lhe cx1rrior. corrosion
spo1s welded and repaired. the cxlcrior puimed and a cn1hodic pro1cc1ion syslem
reapplied . Prcl'cn1a1ive mainlennncc measures are necessary lo cx1cnd lhc life of 1hc
lank
Bids were rccci,·ed and Camp Drc,ser & McKee Engineers recommended acceprnncc of
lhc low bidder. H & R Emcrpnscs at SIS~.384.12. $280.000 was budgc1ed in lhc 2010
budge!.
Mr. Oakley lll Ol'ed:
Mr Higday seconded: To recommend Council appro,al oflhe bid
for lhe rchab1lita1ion for pnming and
painlmg the exterior or the l>herman
eleva1ed waler s1oruge lank lo H & R
Enterprises in lhc nmounl of SJ 82.384.12 .
\ !embers abo;ent Mouon earned . Moore. Cassidy. Wiggins. Woodward . Oakley. Clark. Higda~. Habenicht l\one Bums
5. COUNTRY HOMES METROPOLITAN DISTRJCT WASTEWATER
CONNECTOR' AGREEMENT.
Cou111ry Homes Metropolitan District submitted a renewal of the ir connector's
agreement . Sanitary sewer service is provided to districts outside of the Englewood
corpornte boundaries through the standard connector's agreement . The
Li11lc1on/Englcwood Wastew . • r Treatment Plant is able to receive and treat sewage
lrnnsmi ll cd by various districts .
•
The Country Homes Metro District has 32 taps and will continue 10 own the sewer mains
and be responsible for capital improvemems and maintenance in its system . The City
Allomcy 's office has reviewed and approved th f. standard connector's agreement. •
Mr. Habenicht mo\'ed :
Mr . W1ggms seconded:
Ayes :
'ays :
Members absent :
Motion carried .
To recommend Council approl' I of the
Country Homes Meuopolitan District
Wastewater Connector's Agreement
Moore. Cassidy, Wiggins, Woodward.
Oak.Icy, Clark. Higday, Habenicht
'one
Bums
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h \\'Al ER RIGlll S L'PD:\ rF DATED OCTOBER 'l. ~(IO'I FRO\111,\\ ID !IILI TI1~ Bourd rcccl\cd from Da\'id Hill. Englc\\ood's \\'atcr Altomci. a \\atcrnghts update dat,-d Oc1obc1 9. 2(K)C). SIU discussed de,·clopmcni ; ,n water litigation cases m which En!_!le"ood 1s mrnhcd.
7. ARTICLE FR0:--1 OCTOBER 23.1009 E:-IGLEWOOD HERALD, "CITY
LEASES A l'ARC'EL OF DOUGL-1.S COUt-TRY PROPERTY ."
Stu noted an article that appeared in th e October 23, :?009 Eni:lewood Herald thm
discusses an agreement for a car dealership 10 lel!Se I 1.8 acres from the Citv of
Engle·.vood. \\'he n the dealership opens in April. 201 I. the City will rccehe S4:?S,928 a
)~ar for the leased propeny. The land is located in Douglas County. near the Mclellan
Reser,oir.
8. REBATES FOR \\'ATER,ENERG\' SA\'ING APPLIANCES .
Stu discussed a Council request regarding water/energy saving appliances. The Water
and Sewer Board had previously discussed this issue at their January. 2008 meeting.
Some factors that the F1ourd rnnsidcrcd arc; 1} that Englewood has enough water 10 oe~1
present and fu ture dc\'clopment and enough 10 lease 10 Highlands Ranch; 2) signiticant
water conservauon has been achic\'ed without a rebate program; 3) funding for rebate
programs would come out of water revenues and 4) \\;th Englewood's aging sanitary
sewer system hi gher nows arc need ed for the system to function properly. Council
reccl\·c:d a memo from the Ul ilities staff outlining 1hcse foctors.
The meeting adjourned at 6:20 p.m.
The next Englewood Water a.nd Sewer Board meeting" 111 be held Tuesda), December 8.
200') al 5:00 p.m .
Respectfully suhmittcd.
Is Cathy Burrage
Recording Secretary
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ORDl~A!'-CE l\O SERI OF 200'I BY Al 'THORITY CO CU. BIL 10. SS INTRODUCED 1n' CO , 'CIL MEMBER ____ _ ABD..L FOR 'ORDINANCE AL 1llORIZING WASTEWATER CO :ECTOR 'S AGREEMEl\'T
BETWEEN co :TRY H~ MES METROPOLJT 'DISTRJCT AND THE cm· OF
ENGLEWOOD, COLORADO .
WHEREAS. 1he City or Engkwood owns and operates a sewage systrm. including a SC"' (!t
treatment plnn1 which 1s Jointly owned and operated with the Ci ty of Littleton kno"'ll as the lJE
\\'astcwa1er Trea1men1 Plant (V,WTP); and
WHEREAS, the lJE W\VfP provides sanitary sewer service 10 districts outside or the
Eng lewood corp,ra1c boundanes through n s1andard connec1or's a(!l'eement ; and
WHEREAS, the Cou n1ry Homes Metropolitan District desi res to utilize the E \\'\VrP for
treatment of the Distri ct's sewage: and
WHEREAS, the Country Homes Metropolitan District has 32 taps: and
WHEREAS, the W\VfP is situated physically as 10 be able to receive and tren1 ti,: sewage from
a dcsi(!l'l&ted area served hy the Count~ Homes Mcrropolitan District and gathered by the Dist net'
s.mi tary sewage ystcm: and
WHEREAS. Country llomes Metropohtan D1strie1 .. ,11 conunue 10 0"'11 the Imes and wrll be
responsible for capnal improvrments and maintenance in its ystcm; and
WHEREAS, the Engl"'ood w~,er and Sewer Board m i "'·ed and recommended appro,'DI or
the Count')' Homes 1etropohtan Distnct Wastewater Connector's Agreement al the
ovcmbcr I 0. 2009 lllfflln{!: and
' W. THEREF RI:. BE IT ORDAINED BY THE CITY COU CIL TH Ctn' 0
E. LEWOOD. COL RADO. AS FOLLOWS :
~-The Agrccmcnl bcl"·ecn the Cny of Engl"'·ood and Country Homes Me1ropolrton
D1.1n~1 cn111lcd "WGSIC1,'8ter CoMCCIOr's AJ!!tcmCnt" i hereby approved; a copy i anached
hereto a At1acltmen1 I
~-The Mayor ,s nur ,,rizcd 10 execu te nrw C11y Clerk 10 a11es1 ond eal the
··Wosl"''aler Connector'~ Agre .111cn ··. for and on behalf of the Englewood City Council ,
Introduced, read in full . and po.,scd on fir<t reading o:, the 21" day of December. 2009.
Published as n Bill for on Ordinance in the City's officio! newspaper on the 15"' day of December,
W09 .
L .1
Published as a Bill for an Ordinance on the CII) ·s omc,al websne be~mnm~ on !he 23rd day of • December. 2009 for 1h1ny (30) days. James K \\'oodward. Mayor ATfESl ,
Loucrishia A. Ellis, Cily Clerk
I. Loucrishia A. Ellis, City Clerk of the Chi· of Englewood, Colorado. hereby ccnify that the
above and foregoing is I true copy of a Bill for an Ordinance. introduced. read m full. and passed on
first rcadmr on the 21st day of December. 2009
Loucrislua A. Ellis
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\\'ASTEWATE!l CO NJ\'EC'TOR'S AGREEMENT fo,Dmncts Sewer Contrnl Ne,. ___ _ THJS AGREEMENT, made and entered mto this ____ day or ----,-===-,,:•~◊-to be effecuve ns of----,~---• 20_; by and
between the CITY OF ENGLEWOOD, COLORADO, a murucipal corporauon, hereinafter
referred lo as "Ctty," acung hi and through its duly cleell'.d, qualified and nulhorized Mayor and
City Clerk, and COUNTRY HOM BS METROPOLITAN D!STRJCT, a quasi-municipal
corporauon and poliucal subdivision of the Sate of Colorado, bcreina ftc: called "D1stne1,"
acting by and throu~h hs authonz.od Rcprcscn1&uvc.
WITNESSETH
WHEREAS, !he Cit) owns and operates a St:Wage system, includmg a sewage treatment plant
which is jointly owned and operated with the City of Littleton, so situated physically as to be
able to receive and treat !he sewage from n designated area served by tho District nnd gathered by
!he District's snrutary-sewage system; and
WHEREAS, II is the destrc of !he District to utilize the facilities owned by the City for t!le
trcaUlJClll of ,cwage and the City is willing to serve the District for tteatmem or sewage under
=wn conditions;
NOW, , ':,UWOR.E. IN CONSIDER.A TION of the pronuses and for other good and
valuable cons1denttion heremaflcr sci forth, 11 1s mutually agreed by the parties as follows:
I. The City hereby ngrees under !he conditions hereinafter set forth, to treat !he sewage
originating from !he District's sanitary sewer system within !he area served by tl1e
District as upproved by the Cny and as indicated in the descripu011 attached hereto,
incorporated herein and matked as "Exhibit A."
2.
The District s;>ecifically agn:cs to prevent sewage from any llll:II other th:in that
descnlx:d hcn:in, from bein_g discharged into the District's sanitlll)' se\\'age system
connected 10 !he Cn)"s 1nmk line and to prcvem connections 10 Uie system from or m
any nrca otl1er than those described herein,
bi tl1e opcrauon of tl1e Disu:ict's sanitary sewer system, the District agrees Urnt all
applicable Code provisions and rules w1d regulations of the C11y, including amendments
thereto dunng the tcm11>f tr.e contract, slt:111 be the nunimum ,tandards for the Distnct's
system. TI1e Dutnct further agrees to abide by all applicable stllte and federal laws,
rules, rcgulauons, or pcrmi:s, including ti, e of !he Enviromncnul Protection Agency
lth• EPA) as they be::ome effective or implemented or upon notice from the Cuy. TI1e
District shall mfoll!I all USteB, contractors and subcontractors of such standards, rules and
regulations upon inqtury from such persons, and shall not fumlsh any lnfonruuion
mconsistcnt therc\\'ith In thls regard, 1i shall be the responsibility of the District to
obtain the applicable requirements from the appropriate goveming body, TI1e City sha ll
attempl to maimain and provide infommtion on all requirements to !he District; how~vcr.
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the C,1y does nol guarantee the accurac) or complctenest ~• ~overnmcnt regulauons other lhan the Cuy·s own re1,'ll lauons 3. Regarding th e provis ion of sewer se:v,ce. the C11y's pennmmg requirements shall he followed by lhe Dis riot and it s users. All sewer plans, spec111 •·,tions and meth ods of work within the Oi sm ct •liall be submitted lO the C11y m wrilmg llnd approved by City prior to any construct.io11 or lllp m lh~ Di smct's des1gnats :i area . Na permil shall b: final and no se rvice shall tie provided to property until c01,s.ruction is approved, in wriung by lhe City .
4. The District shall be responsible for lhe proper maintenance of its sewer system and shall
rectify any problems or conditions which have been determined ~y the Distr;ct or City to
be detrimental tO City 's tr~almenl process or syslcm. Should the City del=ine Uiat any
discharge enters the sewer system contrary to applicable laws , ordinances, statutes, rules,
regulation.~ or penruts, the District agrees to proceed at once lo 18ke whatever lawful
means may be necessary to rectify any such problem or condition.
5. City shaU have the right lo aUocale service under this Contract, and City may deny
additional service for any utility-related reas on, but in no event will City tenminale or
refuse any service ""thou! cause. City shall have the right to disconnect service to any
area annexed to lhe District when such annexation takes place without prior written City
approval.
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Within one year of this agreement, the Distric1 shall provide City with an estimate of the •
number of equivalent service taps needed for the next five (5) years under current zoning
and planned build out in the Distric t's area as shown on Exhibit A. The District shaU
monitor zoning changes ""thin its area to estimate its tap requirements and provide City
with notice of tap requirement for the next five (5) year period of time in a form
satisfactory lo the Cit). Notice of these requ irements shall be given City on each
anniversary date of this Agreement.
6. City may impose and collect reasonable fe es, tolls and charges, which shall be unifonn
as to all outside-City users for the services provided by the City under this Connector's
Agreement .
7.
City sha ll bill the District users directly for all applicable City charges for services
rendered under this Agreement. Should any user not pay City, City shall bill the District
and the District shall pay Uie amount du e lo City within fony-five (45) days of such
billing, 111ese charges are subject to adjustment by the City from time to lime. When
such adjustment to these charges arc made , Ci1y shnll give the DiS!rict fony -fivc ( 4 5)
days advance written notice.
Subject 10 the terms of the Taxpayer's B:11 of Right s (TABOR), the term of this
Agreement is fore period of three (3) yean from the dale of execution ru1d automatically
rcnewoo for six (6) subsequent three (3) ye.II periods unless either party gives a
minimum of six (6) months written notice, d,iring which time the District agrees tha1 all
effiuenl produced from taps within the Distri c: shnll not be in violation of any federal,
slate or City laws, rules or regulations, or any o!her applicable governmental regulations
or tl1e pennils under which the City operates its .,ewage treatment system. City agrees,
during the tenn hereo f, to treat sa id effiuenl and 1,, maimain adequate facilities for
treating the same. •
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6. The D1S'.,Cl •sr= that 1: v.111 ma,n!all'" al IL< own expcr.se, all Imes nov. owned and operaicd by the Dismct. 11 bemg spec1fically agreed that Cny assumes no responsib1,1ty should any of the Dislncl 's Imes become clogged, damaged, or require maimenance The District shall, if 1t deems necessary, noufy its useri. of the Dmrict •• procedure to remedy service d!SI'JJ>Uon
9. The Cny 1s providing only sewage treatment service and, pursuant thereto, pcmiits
incidental to the use of the City's sewage lines shall be governed only by this individual
Contract with the District and the City does not, by this Contract, offer treatment sCMce
except in stnCl accordance wtlh the lCl'lllS hereof. Tots Contract docs nol ofict, and sball
not be cons1rued as offerina, scwa1,,e treatment service 10 the public generally or 10 any
area outside the limits of the
District's service area described in Exhibit A
IO. Trus Contract may not be assigned, sold or 1:'anSferred by the District without the City'•
wriUco consent
l l, Should any fedctal law, rule, permit or regulation or should a decree or order of a coun
render void or unenforceable any provision of this Contract, in whole or lD part, the
remainder &hall =in in full force and effecl
12. The District shall enforce this Agreement and each of its tenns and eoodilions within the
area described in "Exhibit A" The Djstrict shall refuse to serve a u ser or potential user;
dm:onnccl the service of any user pursuant 10 approprialt law; or take othct appropriate
action in the event of
a. Nonpayment of such user of any charge made by Cuy for services;
b. Any violation or noncompliance by such user with the t= of this A;;rccmcnt,
c. Violntion or nonco mpliance by such user with the applicable laws, rules, pemuls
or regulations of the City, the United States government, including the EPA, the
Stale of Colorado, including the Oepartmcnl of Health, or other la\\, rule, permtl or
applicable rcgulauon.
I 3. Continued breach of this Agreement by the District and/or its users shall be considered
cause for the City to tenninolc lllis Agreement. Should Ute District fail lo promplly
rectify a breach of any provisions identified herein, after nouee thereof, City may take
sud, steps and do such work as it deems necessa.jl to enforce this Agreement, including
hugation and spe..,fically a nghl 10 inJ unction or specific performance against the
District or nny of its users as is 11ecessary to protect U1e City's system and opcr~tions.
The prevailing pnrty shall be entitled to expenses and costs o~ sui~ including attorney
fet:s.
14 . Should more than one district be connected t~ a sewer line, all ~istricts on the sewer line
who are in breach of this Agreement shall be jointly and Rcverallyliable for any such
breach of this Agreement and each such district shall 1mmediately. after notice, rectify
an}" problem or condt:ion de-.nmemal 10 the 1reatrn.."nt process arismg v.,thm 1ts legal
3
"llia.-ic. \\'her. m ,:-: tiwJ one d1r.nct ts conne::t!d 10 a s.....,e:-lme nnc the c,:, discovers any v,olauon )fthe te.-,,,,; oftlus connecro:'s ai;recnu:r.t. the Cuy ,hall 001 be requ1:cd to prove "'rue!-, d,,r.-,c: :,, •· fi:ul: bu: wt: make available lo all such a:fe::tea d1stnC1s all mfonmu,on developed or accumulated by City pena;rung to 11UCh breach. NOUUI1£ COIIWllCd bm:m shall prc::lude a claur. fO!' mdcmruty o: com.-ibuuon h) any D1stnct against another DtsmCI connecied to a common sewer hoc. CRS-13-~,-11.5 shall gove:n lbe pe,cauagc of habil11y of any dmm:: on a common sewer !me m the =t the Cny seek, to impose hab,lny based upcm negligence or fault
15. 11us Comraet shall not be used as a legal defense o: prolu"b;-Jon to the ma.nrlator,
consolidation of facihues by eith,:r patty as may be rcqwred by the laws of the State of
Colorado of all extstmg ,ewer collca,on systems and facilities to a govcmmtntal entity
created lO assume responsibility for sewe:-service m the uea m which both City and
Swc -a part unda s:atlltOl)· or con.urutional authonty
C11'Y OF ENGLEWOOD. COLORADO
-j...nes K. Woodward.Mayor
AITEH:
LouCl'Wlll! A EllLS, City (.,1en:
com.-ray HOMES MFI"ROPOLITAF DISTRICT
STA TE OF COLORADO
COUNTY OF LJ CBf'lltr/CL
• Cbairma.:l
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The fon:going instrumelll was acl:nuwlcdgcd before me this lit day of Okh& n .
~l~);f®rl 8 /Thssioa.os C.mirmtm of ¼.f Crunlry ~ rndropm:lo.tl
Wi:n=s ~· hand and official seaL
MyCommissioo expires: Q-t;. Xj3
f~J .
NOT YPUBUL
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::'.XHIBJT A LEGAL DE.,CRIPTJON COL,"?\'TF.\' HOM"i:S METROPOLITAN DISTRJCT Countr) Hoit1•.s Metropolnan D1s1nc; ::ons1S1S of Parcel A and Parcel B. Paree! A cons:stS of the Country Homes Subdtvts1on. Lots l th:ough 2~ inclusive, except for Lots E and A which are a re-subd1vis1on of Tract (Lot) I 5 Paree! B consists of those lots
\ eight m number) that are shown on the drawing aua.ched hereto as page 2 of this Exhibit
nnd incorporated herem by this reference .
Page I of 2
C.
-tt11,1111,--t1•••-u _, .. .__oWttlNlt! -l Uof•JUNoll :.::. "~.°'=, 1
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____ c_;.~~~.;e ________ __.,•r:1M;,•·-""' I . ----1 I " ,, ...... 1··· ·-·-·-....... .. .. .,, ,. IC
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COUN TR Y HOM ES ~ETROPOL!TA N DISTRICT
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COU NCIL COMMUNICATION Date: Agenda Item: Subject: December 21 , 2009 9ali ICA with DRCOC for 2009 Traffic Signal Srstem Equipment Purchase Initiated By: I Staff So urce: Department of Public Works Ladd Vestry, Traffic Engineer
COUNCIL COAL ANO PREVI OUS COU NCIL ACTION
City Council approved bills for an ordinance to enter into an agreement with the Denver Regional
Council of Governments (DRCOG) to allow DRCOC to reimburse the City of Englewood for 2004,
2005, 2007 and 2008 111lscellaneous traffic signal equipment purchases,
RECOMMENDED ACTION
Staff requests that City Cou ncil adopt a bill for an ord inance approving an Inte rgovernmental
Agreement (ICA) with the DRCOC for the 2009 Traffic Signal f,ystem Equipment Purchase
program. This ICA will allow DRC00 to reimburse the City of :nglewood for the cost of traffK
signal syst em equipment (lo be purchased by the Chy In 2010) in an amount up lo S 17,000.
BACKGROUND, ANALYS IS, AND ALTERNATI VES IDENTIFIED
The Trattk Engineeri ng Divi sion of Public Works submi tted an appllcallon 10 DRCOG for traffic
sign al equipment purchases to be co nsi dered In the 2009 Traffic Signal System Equipment Purcha.se
program. DRCOG, responsible for administering this program, received U.S. Department of
Transponation Congestioo Mitigation/Air Quallty (CM/AQ) funds through the Colorado
Department ofTransponation (CDOTI 10 carry out traffic signal system imprO',,ements and
purchases in the Denver region. All applications were m,jewed and scored by DRCOC based on
previously set criteria consistent with the adopted Traffic Signal System Improvement Program
(TSSIP). Englewood h>< been awarded up to S 17,000 towards the purchase or traffic signal
equ ipmen~ which lnclu~es the flber op tic cable and fiber optic modems,
The Traftic Signal Syslem Equi pmen t Purchase program covers equipmen t purchases only, with
equ ipment Installation be ing completed by City forces. These improvements will enhance the
functionality and efficiency of the traffic control system along the Broadway corridor.
FI NANCIAL IMPACT
There are no financial obligations for the Clty other than providing funds up front for the equipmen t
pu rchases, which are later rei mbursed to the City. Adequate fu nds are available In the
Transportation $\·stem Upgrade accoum and '"II be credited back to this account '"th the reimbursement 01 Federal iunds b\ 0RCOG. LIST OF ATTACHMENTS 8111 tor an O rdinance •
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ORDT~A.\iCE NO SERfES OF 2009 BY Al'TI ,ORJll" COUNCll. Bfll NO S6 ll\'TRODUCED BY COUNC Ii. MEMBER ____ _ A BILL FOR
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGAl
ENTITLED "CONTRACT BY AND BETWEE!s 11lE DENVER REGIONAL COUN(n, OF
GOVERNMENTS (DRCOG)" FOR REIMBURSEMENT TO THE CITY vF ENGLEWOOD.
COLORADO FOR Tl IE COSTS OF 2009 TRAFFIC SIGNAL SYSTEM 2QUIPMENT
PURCHASE.
WHEREAS. the EniJewood City Council pre,iousl)' approved Ordinances to enter into
agreements with Denver Regional Council of Governments (DRCOG) to allow DR COG 10
reimburse the City of Englewood for 2004, 2005. 2007 and 2008 miscell..neous traffic signal
equipment purchases; and
WHEREAS. DRCOG received U.S. Depruunent ofTransponalion Cong~ion Mi1iga1ion'Alr
Quality (CM/AQ) funds through the Colorado Depanmcm ofTransponation (CDOTI to carry 0111
lraffic sign~I system improvements and purchases in the Denver metropolilan region; and
WHEREAS. DRCOG desires 10 eon1rac1 w11h the City for the purchase of miscellaneous traffic
signal equipment consistent with the Traffic Signal System Improvement Proprum: and
WHEREAS, the C1I)' of Englewooc submitted an application 10 DRCOG for the 2009 Traffic
Signal System Equipment Purchase Program: and
WHEREAS. DRCOG is responsible for monitoring and administering lhis Federal program: and
WIIEREAS, the passage of this Ordinance authorizes the 1mcrgovenunental agreement allowin~
DR COG to reimburse the Cit)' of Englewood for the COSI of traffic signal system equipment, which
will be purchased b1 the City m 201 0. for an amount up 10 Sl 7.000;
NOW , TIIEREFORI,.. BE IT ORDAINED BY THE CITY COUNCIL OF THE cm· OF
ENGLEWOOD. COLORADO, AS FOLLOWS:
~-Tit<, • ,t) Council of Englewood. Colorado. hereby authorizes an mtcrgovcmmcntal
agreement (IGA) entitled '"Contract hy and Between the Denver Regional Counci l of Governments
(DR COG)" for reimbursement 10 the Cit)" of En[!lewood, Colorado for the cost of tmflic sill'l3l
system equipment. which will be purchased by the C11y in 20 10, for an amounl up 10 $17.000, a
copy of which is atla~hcd hereto as Exhibit I .
~ The Mayor 1s her,~-.-• authonzed 10 St£11 and the Cit) Clerk 10 •nest said • ,nlerg1wcmm<;ntal agrccmcnt (IG, , enmled ·•Contract by and Between the Denver Regional Council of Govemmen1s (DRC,~) and the Cit)' of Englewood" for and on behalf of the Ci1y of r-nslewood. Introduced. read in full. 1111d passed on first n:admg on the 21 • da) of December. 2009 Published as a Bill for an Ordina nce in the City's official newspaper on the 25,. day of December, 2009
Published as a Bill for an Ordmancc on the City's official website beginning on the 23rd day of
December, 2009 for thin)' (30) days.
James K.. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, Ci1y Clerk
l, Loucrishia A. Ellis, City Clerk o f the City of Englewood. Colorado, hereby certify lhal the
above and foregoing is a true copy o f a Bill for an Ordina.,ce. introduced. read it ··,II, and passed 011 •
fus1 reading on the 2ist dayofDccembcr. 2009.
Loucrishia A. Ellis
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CO NTRACT BY AN D BETWEEN TME DENVER REGIONAL COUNCIL OF GOVERNMENTS 1290 Broadway, Sulle 700 Denver, CO 80203-5606 ("DRCOG ") and
CITY OF ENGLEWOOD
1000 Englewood Paritway
Englewood , CO 80110-2373
("CONTRACTOR ")
for
2009 TRAFFIC SIGNAL SYSTE M EQUIPMENT PURCHASE
Projec t Number: 543009 Contract Number EX0907 3
RECITALS :
A. DRCOG has received U.S. Depart11ent of Transportation Congestion Mltlgalioo/Alr
Quality (CM/AO) funds through the Colorado Department of Transportation (C OOT), to carry out
traffic signal system improvements and ;:urchase$ In the Denver metropolitan region .
B. Authority exists In the law and r~nds have L. budgeted, apProprlated. and otherwise
made available and a sufficient unencumbered balance thereof remains available for paymenL
C. DRCOG desires to engage the Contractor for the purchase of miscellaneous traftic
signal equipment conslstent with the adopted Traffic S,gnal System Improvement Program
further described In this contract and Exhibit A.
D. The Contract Jr agrees to comply with all relevant provisions of the contract between
DRCOG and COOT. incorporated hereio by reference and made a part of this contract, as If fully
set forth . In lhe mon;tonng and administration of this contract.
NOW, THER EFORE, It Is hereby ag reed that
1, PURCHASE OF THE EQUIPMENT
a. General Reouirements. The Contractor shall administer and purchase the equipment as
depicted In attached Exhibit A, which is made a part of this contract. In accordarice with
Title 49, Pans 18 and 19, as appropnale, of the Code of Federal Regulations regarding
uniform administ rative rec:uirements for state end kx:RI governments and other non-profit
organizations.
b. Submissions of Proceedings. Contract and Other Documents. The Contractor shall
submit to DRCOG all data, reports, records, contracts, and other documents collected
and developed by the Contractor relating to the project as DRCOG may require. The
Contractor sha ll retain intact, for three years following project closeou~ all contrad
documents, financial records , and supporting docume nt s.
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c. Award o[ Contract This contract IS awarded to the Contractor based upon the Contractor's project application, which provides that the Contractor be responsible for aTI expenses associated with acquiring, Installing , operating and maintaining lhe equipment, excluding the actual purchase cosl of the equlpmenL Contractor agrees lhal Contractor staff and subcontractors engaged In such wlQ not be reimbursable as part of this agreement d. No DRCOG Obligations Jo Third Parties. DRCOG shall not be subject to any obligations
or llablHtles to any person not a party to this contract in connection with the perfonnance
of lhis profect pursuant lo the provisions of lhls contract without i1s spec1r1e written
consent Neither the concurrence In, or approval of, the award of any contract or
subcontract or the solicitation thereof nor any other act performed by DRCOG under this
contract conslitules such consent
2. ACCOUNTING RECORDS
a. ~-The Contractor shall establish and maintain as a separate set of accounts, or
as an Integral part of its current 8CCOUnting scheme, accounts for the equipment
purchases to assure thal funds are expended and accounted for In a manner consistent
with this contract's agreements and objectives.
b. Funds Received or Made AvaHable. The Contractor shaft appropriately record in the
account all reimbursement payments received by ii from DRCOG pursuant to this
contracl.
c. Allowable Costs. Expenditures made by the Contractor shall be reimbursable as
allowable costs to the extent they meet all of the requirements set forth below. Such
expenditures must:
1) Be made In conformance with the descriptlon, budge~ and all other provisions of this
contract.
2) Be necossary for the acr,0mpllshment of this contract. and reasonable In the amount
of goods and services provided .
3) Be actual net costs to the Contractor (I.e .. price paid minus any refunds, rebates, or
other Items of va lue received by Contractor that have the effect of reducing the cost
actually incurred).
4) Be Incurred for equipment purchased only as described in Exhibit A, afte r the date of
this contract.
5) Be treated unUormly and consistently under generally accepted accounting
principles.
6) Be In conformance with the standards for allowablllty of costs set forth In Office of
Management and Budget Circulars No. A-122 or A-87, as appropriate, regarding cost
principles for nonprofit organizations and state and local governments.
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d. Documentation of Costs. Invoices, contracts, and/or vouchers detalllng the nature of the •
charges shall support all equipment purchase costs charged to this contract
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e Checks Orders and vouchers. Any check or order drawn up by the Contractor with respect to any item which Is or will be chargeable against this contract will be drawn only In acr.ordance w,th a p'Operfy signed voucher then on file 1n the office of the Contractor, which will detail the purpose for which said check or order Is drawn , All checks, payro ll s. Invoices. contracts . vouchers . orders . or other accounting documents pertaining In whole or In part lo t~e project shall be clearly Identified, readily accessible , and . to the extent feasible , kept separate , and apart from all other such documents
Audits and Inspections. Al any bme dunng normal business hours a'nd as often as
DRCOG. COOT and U.S Department of Transporlation (hereinafter, "USDOT"), and/or
the Comptroller General of the Unlt,ed States may deem necessary, there shall be made
available to ORCOG. COOT, USDOT and/or representatives of the Comptroller General
for examination, all records with respect to all matters covered by th is contract and the
Contractor will permit DRCOG. COOT, USDOT, and/or representatives of the Comptroller
General to audit, examine, and make excerpts or transcripts from such records, and to
make audits of all contracts, invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters covered by this contract.
3. TIME OF PERFORMANCE
This contract shall commence upon execution and shall ex1>4re December 31 , 2010.
4. C:OST OF EQU IPMENT PURCHASES
The cosl fc,1 equipment purchases In which federal funds are participating shall ngt exceed
Seventeen Thousand Dollars ($17 ,000) as descnbed In the dttached Scope of ServlceR.
The Contractor agrees to provide all Installation, operation and maintenance of the purchased
equipment at its expense.
5. REQUEST FOR PAYMENT BY TI-IE CONTRACTOR
a. ~-DRCOG shall reimburse the Contractor up to Seven'.t1en Thousand Dollars
(S17 ,000) for the purchase of traffic: si gnal equipment as described In the attached
Scope of Services,
b. flml!ml. Payment Shdll be made on the following basis : After receipt of the equipment.
the Contractor shall submh the invoice to the DRCOG Accounting Department for
reimbursement. ORCOG will incorporate the Invoice into Its next blll to COOT. Upon
receipt of payment from COOT by DRCOG and upon verificat,on by DRCOG that the
Contractor has Installed the equipment and that the equipment is operating as Intended,
DRCOG will reimburse the Contractor for the amount of allowable costs or th.~
Contractor's invoice. II Is the Contractor"s sole responsibility to Install the ,.~ ·"·•~,enl and
contact DRCOG for field verification prior to receiving reimbursement.
6. MANAGEMENT a. DRCOG Representative DRCOG has designated Greg MacKinnon as Its representative who will coordinate reVl8WS , approvals, and authorizations . b. !.2nJractor's Representative The Contractor has designated Ladd Vostry a~ rts representative for this contract who sha ll be responsible for coordination and liaison with DRCOG on the equipment purchases associated with this contract. If at any time a contractor representative is not assigned for this conl!act, the Contractor shall
immediately notify DRCOG and work shall be suspended unUI a representative has been
assigned who If acceptable to DRCOG.
c. By signing this agreement, the Contractor also represents that Its organization and Its
principals are not suspended or debarred per Federal requirements ,
7. PERSO NNEL
The Contractor represents h will provide and secure the personnel required In Installing,
maintaining and operallng the equipment listed In Exhibit A. All of the services required
hereunder will be performed by the Contractor or under hs supervision, and an personnel
engaged In the work shall be fully qualified and sha ll be authorized under State and local law to
perform such service1 Such personnel shall not be employees of or have any contractual
relationship with DRCOG. Any subcontracts entered Into by the Contractor associated with this
Contract shall Include a statement that the parties to the subcontract undenrtand that DRCOG Is
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not oblig ated or liable In any manner lo the subcontractor or for the performance by the •
Con tractor of Its obligations under the subcontract
8. TERMINATION
a. Funds not Av~. The parties expressly recognize that the Contractor Is lo be paid,
reimbursed or otherwise compensated with federal and/or Stale funds w.1lch are
available to ORCOG for the project. In the event that CM/AQ funds are nol medo
available lo DRCOJ per Recital A, this Agreement shall terrr,lnale Immediately.
Contractor exp(essly understands and agrees that all of its nghts, demands and claims
to compensation arising under this contract are contingent upon ava ilability of s~cn
funds lo DRCOG.
b. Termins1t1on for Mutual Convenience. The parties may, with the concurrence of COOT.
terminate this agreement if both parties agree that the equipment purchases sp,Jclfled In
Exhibit A would not produce beneficial results.
c. Termine•lon of ConJract tor Cause. If through any cause , excluding force majeure, the
Contractor shall fall lo fulfiP In timely and pr: !Ml' manner its obligations under this
contract, or if the Contractor shal i violate &ny of the covenants, agreements. or
sUpulallons of this contract, end has not corrected such breach within ten days of being
given notice by DRCOG, DRCOG shan thereupon have lhe rig ht to terminate this
contract by giving written noUce to the Conlractor of such termination for cause, which
shall be effective upon receipt of the written notice.
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In that event. DRCOG shall not be rPQUired to reimburse the Contractor lor any t..~J1pment purchases not yet billed to COOT. and Contractor shall be obhgated to return any payments previously received under the prov1s10ns of this contract Notwithstanding the above. the Contractor shall not be rehevod of liability to DRCOG for any damages sustai ned by DRCOG by virtue of any breach of the contract by the Contractor. c. Termination for the Convenience of DRCOG. DR CO G may terminate this contract al any time by giving written notice lo the Contractor of such termination. which shall be effective upon receipt of the written notice. If the contract IS tenmnated by DRCOG as
provided herein, the Contractor shah be enhiled to receive compensat,on for any
equipment purchases made pnor to the effective date of such lerm1nahon, subject to
field verifications being C':lmpleled lo the salisfaehon of DRCOG.
9. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract. the Contractor agrees to comply with all federal and
sta te laws, rule. regulations, and onlers regarding equal emplo,ment opportunity. Including
Executive Order 11256, •equal Employment Opportunity; as amended by Executive Order
11375, ·Amending Executive Order 11246 Relating lo Equal Employment Opportunity; and as
supplemented by regulations al 41 CFR part 60, •Office of Federal Contract Compliance
Programs, Equal Employmen t Opportunity, Department of Labo r."
10. DISADVANTAGED BUSINESS ENTERPRISE
a, fll!l!.l(. ORCOG Is committed to and has estabiishdd a Disadvantaged Business
Enterpnse (DBE) program In accordance with the regulallons ol lhe U.S. Department of
Transportation (DOT), 49 CFR Part 26, It Is the policy of DRCOG to ensure that OBEs,
as defined In Pa rt 26, have an equal opportunity to participate In the performance of
contracts and subcontracts receiving DOT funding assistance . Consequently, the DBE
requirements of 49 CFR, Part 26 apply to this agreement.
b. DBE Obligation. The Contractor and its subcontractors agree to ensure that DBEs as
determined by the Off"ice of Certification al the Colorado Deparbnent of Regulatory
Agencies have the maximum opportunity lo partk:ipate In the perlonmance of contracts
and subcont.ract~ receiving DOT funding asslstan ~e provided under this agreement. In
this rega rd, the Contractor and subcontractors sha ll take all necessary and reasonable
steps In accordance wilh this policy to ensure that DBEs have the maximum opportunity
lo compete for and perform conlraets. The Contractor and their subcontractors shall not
dlscflmlnate on the baslS of race, color. national origin or sex in the award and
performance of contracts and subcontracts receiving DOT funding assistance .
11. PROHIBITION AGAINST HIRING ILLEGA;.ALIENS [NOT APPLIC."1BLE TO
INTERGOVERNMENTAL AGREEME NT S).
The Contractor shall not knowingly employ or c ·n1racl with an illegal ahen to perform work
under this contracl Contractor shall not enter into a contract with a subconlraelor that falls to
certify to the Contractor that the subcontractor shall not knowingly employ or contract with an
Illegal alien to perform work under this conlract
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Contractor will part icipate on either the E-veriiy program or th e Depa rtm ent program , as defined m C.R.S . § § 6-17 .5-101 (3 .3) and 8-17 .5-101 (3 .7). respectively . on order to confirm th e employment eli gibility of all emp loyees who are newly hired for employmen t to perform work under IMe public contract for services . Contractor is prohibited lrom using the E-verify program or lhe Department program procedures to undertake pre-employmen t screening of job applicants while this contract is being performed . If Con,rac lor obtains actua l knowledge that a subcontrac to r performing work un de r th is contract fo r services knowi ngly employs or contracts with an illegal alien, Contractor sha ll :
a. Notify the su ·Jcon tra ctor and DRCOG within three days that the Contractor has actual
knowledge tha t the subcontractor is employing or contracting with an illegal alien : and
b. Termi nate lne subcontract with the subcontractor If within three days of rece iving the
notice required pursuant to this paragraph the subcontractor does no t stop employing or
contracting with the illegal alien ; except that the Contractor shall not term in ate the
contract with the subcontractor if during such three days the subcontractor provides
information lo establish that the subcontra~1or has not knowingly employed or contmcled
with an illegal alien .
Contractor shall comply with any rea sonable request by the Department of Labor and
Employment made on the course of an investigation that the Department is undertaking pursuant
to the autho ri ty estab lished In C.R.S . § 8-17 .5-102(5).
If Contractor violates a provis ion of th is Contract required pursuant to C.R.S . § 8-17 .5-102 ,
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DRCOG may terminate the contra ~, for breach of con .ract. If the contract is so te rminateu, the •
Contractor shall be liable for actual and consequential damages to DRCOG.
12 . INTEREST OF MEMBERS OF DRCOG AND OTHERS
No officer, member, or employee of DRCOG and no members of its governing body, and no
other public official of t~e govern ing body of the locality or loca li ties 1n which the project is
si tuated or being carried out who exercises any functions or re$pons ibilities in the review or
approval of the undertaking or carrying out of this project , shall part ici pate In any decis ion
relating to th is contract wh ic h affects his personal Interest or the interest of any corporation .
partnership, or association In which he is directly or ind irectly interested or have any personal or
pecuniary interest. direct of indirect. in this contract or the proceeds the reof.
13. INTEREST OF THE CONTRACTOR
No office r, member, employee or agent of lhe Contractor or any other person who is authorized
to e~ercise any functions or responslbl11t1 e, in connection with the negot ia ting , review or
approval of the undertaking or carrying out of any sogmdnl of the pro91 "m contemplated by th is
con tract shall have any financial or other personn l interest, direct or ir•.1·,n cl , in th is contract or
any subcontract thereunder, or In any real or persona l property acquired \nerefore . Any person
who shall invo luntarily acquire any such incompatible or conflicting pers t 1. ·I interest shall
immediately disclose his/her Interest lo DRCOG in writing . Thereafter (sine ha ll not partic ipate
in any action affecting the program under this contract unless DRCOG shall h,we delerm ined
that. in llghl of the pers ona l interest disclosed , the partic ipation in such action would not be
contrary to the public interest.
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14. INDEM NI FICATION The Contractor Is an inde pe ndent con1raclo r and not an employc of DRCOG . As an independ ent conlracto r, the Contracto r ,s nol enti tl ed to workers· c Jmpensation beneli1s ex cept as may be prov ided by the Contra~tor nor to unemployment insurance benefits unless unemployment compensation coverage is provided by the Contractor or some other entity, The Contra ctor Is obligated to pay all applicable federal and state Income tax on any moneys earned or paid pursuant to this contract flllationship . The parties agree that the Contracto r Is free from the direction and control of DRCOG except such control as may be required by any state or
federa l statute or regulation , and •,,at DRCOG does not require the Contractor to wor1<
exclus ively for DRCOG : does not establish a quality standard for the Contractor; does nol
provide training , or does not prov ide tools or benefits of performance b1• the Contractor except
through a comple tion schedule .
To the extent allowable by law , the Contractor shall Indemnity , save and hold harmless DRCOG,
its officers , employees and agents , against any and all cla ims . damages . liability and court
award:. including all costs . expenses. and attorney fee s mcurred as a result of any negligen t act
or omission of the Con tractor, or Its employees . agents ubcon tra~tors or ass tgnees related to
th is contract The Contrac tor shall inc lude language sl miiar to the forego ing In any subcontract
associated with this Contract. staling that the subco nt ractor agrees to Indemnify. save and hold
harmless DRCOG for negligent acts or om issions of the subcont ractor, Its employe~s. agents ,
subcontractors , and assignees .
15 . FEDERAL REQUIREMENTS
The Contracto r shall at all times during the execution of this corlltact strictly adhere to , and
comply with. all app licable fe dera l and state laws. ~nd their implementing regulati ons , as they
currently ex ist and may hereafter be amended. which are Incorporated herein by thi s reference
as terms and conditions of this contracL The Contractor shall also require compliance with
these statutes and regulations In subcontrac t agreements associated with this Contract .
The Contractor agrees to abide by and follow all appl :cable federa l and state guidelines when
~•per.ding any funds result ing from this contract. Th is includes , but is not limited to , the
Procurem&nt Standards set forth in Subpart C of 0MB Circular A-110 and the app licab le
provis ions of the Federal Acquisition Regulation ("FAR"), together with any additions or
supplemPnts thereto promulgated by the Fund ing Agency . Current regulations can be found at
http://www .amet.gov/far/.
In addition, Ccntractor sha ll comply with the follow ing federal laws an d regulations as -,ay be
applicab le to the project:
a. The Cope land "Anti-Kickback " Ac l (18 U.S. C. 874) as supplemented in Department of
Labor regu lations (29 CFR Part 3)(a ll contracts and subgrants for constructi on or repa 11 ,
b. The Davis-Bacon Act (40 U.S.C. 276a lo a-7) as supplemented by Department of Labor
regulations (29 GFR 0 art 5) (Cons truction contracts In excess or $2,000 awa rded by
grantees and subgrantees when required uy I edera l grant program leglslatio11 .
This Act requires that all laborers and mechanics employed by contractors or sub-contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for lhe locality of the proJect by lhe Secretary of Labor) a. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regu lations (29 CFR Part 5). (Consttuctinn contracts awarded by grantees and subgrantees In excess of $2,000, and in excess of S2,500 for other contracts which involve the employment of mechanics or laborers).
b. Standards. orders, or requirements issued under section 306 of the Clean Air Act (42
U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), ExJCutive Order
11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts,
subcontracts, and subgrants of amounts 1n excess of $100,000 ).
TO THE EXTENT ALLOWABLE BY LAW, the Contractor agrees to indemnify. save and hold
harmless. DRCOG, Its officers, employees, agents, subcontr.l:tors. and assignees should any
applicable regulations not be followed .
16.CHANGES
This contract Is subject to such modifications I.IS may be required by change s in federal or Slate
law, or their implementing regulations . Any such required modification shall automatically be
incorporated into and be pall of this contract on the effecllve date of such r.hange as If fully set
forth herein. Except as provided above, no modifteation of this contract shall be effective unless
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agreed lo In writing by both pa/ties In an amendment to this contract that is properly executed •
and approved In accordance with applicable law
17.GENERAL
By signing this agreement, the Contractor represents that its organization and Its principals are
not suspended or debarred per Federal requirements .
This contract represents the entire agreement between the Contractor and DRCOG. replacing
and superseding any previous contract, oral or written, which may have existed between the
parties relating to the matters set forth herein.
To the extent Iha! this contract may be executed and performance of the obligptlons of !he
parties may be accomplished within the intent of !he contract, the terms of this contract are
severable. and should any term or provision hereof be declared invalid or become Inoperative
for any reason, such Invalidity or failure shall not affect the validity of any other term or provision
hereof.
The waiver of any breach or a term, provision, or requirement of this contract shall not be
construed or deemed as a waiver of any subsequent breach or such term. provision, or
requirement. or of any other lerm, provis10n or requi rement
Notwithstanding anything herein lo the contrary. the parties understand and agree that all terms
and conditions of this contract end the exhibits and attachments hereto which may require
continued performance, compliance or effect beyond 'lie termination date of the contract shell
survive such termination date and shall be enforceable by DRCOG as provided herein In the
event or such failure to perform or comply by Contractor. •
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18. CERTIFICATION FOR FEDERAL-AID CONTRACTS For contracts that exceed $100,000 . Contractor, by s,gnmg lhls contract. cenifies to the best of ts knowledge and behef a. No Federal appropnaled funds have been pa,d or Nill be paid, by or on behalf of the undersigned. to any person lor Influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of
Congress. or an employee or a Member of Congre ss In connection with the awarding of
any Federal loan, the entering Into of any cooperativ e.agreement. and the extens ion,
cont,nualion, renewal, amendment. or modification of any Federa l contract , grant. loan,
or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any
person fOf Influencing or attempbng to Influence an officer Of Member of Congress. or an
employee of a Member of Congress in connection with lhls Federal contract. grant. loan.
or cooperat,ve agreemenL the undersigned shall complele and submit Slandard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with I1s lnslructions.
This certification Is a material representation of fact upon which reliance was placed whe n this
transachon was made or entered into, Submission of this certificallon Is a prereq uisite l or
making or entering Into this transaction Imposed by Section 1352, Titl e 31, U.S. Code. Any
person who falls to file the required ce rtification shall be subject to a civ il penalty of not less than
S1 0,000 and not more than $100,000 for each such failure .
Contractor also agrees that it shall require that the language of this certirx:atlon be included In
all lower tier subcontracts. which exceed S100,000 and that all such subrecipients shall certify
and disclose accordingly
IN WITNESS WHEREOF. the parties hereto have execuled this con1ract on the ___ day
of __________ . 20_.
By:
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
Jennifer Schaufele
Execuuve Dlreclor
ATTEST
By:
Roxie Ronsen
Admln,stratlve Officer
CITY OF ENGLEWOOD
By: __________ _
James K. Woodward, 'layer
ATTEST:
By: ---c---,-----,----
!.oucrishia ,-, . Ell is
City Clerk
Ex hibit A DRCOG SIGNAL EQUIPM ENT PURC HASE S COPE OF SERVICES The City of Englewood will purchase traffic signal communicat,ons equipment for its traffic signal syslem on Broadway. The equipment to be purchased and the locations tor deployment consist of:
LocaUon Equipment Estimated
Cost
Broadway from Oxford Avenue 10 Fiber optic cable and Ethernet fiber
Chenango Avenue optic transceivers
Broadway from Yale Avenue lo Girard Ethamet fiber optic transceivers
Avenue
Total Estimated Cost $17,000
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COUNCIL COMMU NICATIO N Dale: Agenda Item: Sub ject; December 11 , 2009 9alll IGA with COOT rega rding ~enate Bill 8 Traffic Control De, ici,s Maintenance Contract Initialed By: I Slaff Source: Department of Public W0<ks Ladd Vost'), Traffic Engineer
COUNCIL GOAL AND PREVIOUS CO UNCIL ACTIO N
City Council previously approved numerous Bills for an Ordinance to enter into agreements with
the Colorado Department oiTransportation (COOT) to allow COOT lo reimburse the City of
Englewood for costs associa ted with highway maintenance services on state highways with in
Englewood city limits. Staff discussed this matter "tjth City Council at the July 6. 2009 Study
Session.
RECOMMENDED ACTION
Staff requests that City Counci l adopt a Bill for an Ordinance to enter Into a contract with COOT for
Traffic Control Devices Operation and M~intenance functions on state highways to be provided b)
the City of Englewood. The agreement will allo\\ COOT to reimburse the City ior costs of these
maintP nance services In the amount of $67,416.24 per year.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Senate Bill 6 of 1974 requires COOT to assume responsibili~ for all tranlc control devices in the
state highway system within loca l jurisdictions, Including the costs associated wi th t11e above
mentioned functions. Since COOT does not have the necessary personnel and equipment levels to
accomplish these obliga tions, the City has entered Into numerous contracts with COOT for
reimbursement of costs linked with operation and maintenance services of traffic control devices on
state highways. State high\\ ays within the City of Englewood for which we provide these services
inc lude Belleview Avenue and Hwy. 265. COOT recently requested that the Senate Bill 8 contract
currently In place with the City be renegotiated. The rate of reimbu rsement has been renegotiated
by staff, agreed upon b)• COOT, and is va lid for a fi, e (5) year period, after which the con tract will
agam be renegotiated.
FI NANCIAL IMPACT
The total amount of the new con tra ct comes to $67,416.24 per yea r; COOT payments to the City
shall be on a 1ump sum• monthly basis of $5,618.02. There are no financial obligations for the Gty
other than providing funds up fron t for maintenance and operation services, which are later
reimbursed by COOT. Adequate funds are available In the T raffle Engineering Division budget and
Transportation Svstem Upgrade account 10 satisfactorih perform necessar, operauon maintenance • services as outlined 1n the Contracts' Scope 01 Worl. lExhibu A). • LI ST O f ATTAC HMENTS Bill for an Ordinance Contract UGA) beM een COOT and Cit) of Engle-., ood
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ORDINAt-:CE NO. SERIES OF 2009 B\'AL:TllORIW COUNCIL Bill NO. 57 IJI.IRODUCED BY COUNCIL MEMBER ____ _ A BILL FOR A.1'1 ORDINA.1'1CE APPROVING AN ll\'TERGOVERNMEJ\1 AL AGREEMENT (IGA) REGARDING ST A TE SENA TE BILL 8. TRAFFIC CONTROL DEVICES MAINTENANCE
COl\"TRACT. ALLOWING THE COLORADO DEPARTMENT OF TRANSPORTATION TO
REIMBURSE THE cm· FOR COSTS OF TRAFFIC CONTROL DEVICES, OPERATIONS
AND MAINTENANCE.
WHEREAS. the Englewood City Council prevtousl)' appro\'c:d several ordinances enterin11 into
agreements ""th the Colorado Dcpnruncnt ofTransp-:>natioo (COOT) allowing COOT to reimburse
Englewood for costs associated 1<1th high1<'ly maintenance scr>1ces on state highw3ys 1<1thin
Englewood city limits: and
WHEREAS. by the adoption of Colorado State Senate Bill No. 8 of 1974. COOT assumes
responsibility for oil traffic control devices in the stotc highway system within local jurisdictions.
including the costs associated with the above mentioned functions; and
WHEREAS, since COOT docs not have the necessary personnel and equipment levels 10
accomplish these obligations. the Caty bas entered into numerous contracts with COOT for
rcimb\lJ$c:mcn1 of costs linked with the City's opcnuion and maintenance scr>ices of traffic control
devices on state highways: and
WHEREAS, Stole highways within the City of Englewood for which we pro,ide these services
include Belleview Avenue and Highway 285: and
WHEREAS. COOT recently requested that the Senate Bill 8 contraCI currently in place with the
C tty be renegotiated; and
WHEREAS, the passage of this Ordinance approves the renegotiated reimbursement rate for a
period of five (5) years;
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
~-The City Council of Englewood. Colorado, hereby authorizes an
intergovernmental agreement (IGA) between the Colorado Depnnment ofTran.ponatio n nnd the
City of Englewood. Colorado for COOT to reimburse the City of Engle\\ood for costs associntcd
1<1th highway maintenanc~ sel'\ices on state highways within Englewood .:ity limits in the
amount of S6 7,416.14 per year for a fi"e year period. a copy of which is onachcd hen:10 as
Exhib11 I
~-The Mayor ,s hereby authorized 10 sign and the Cny Clerk 10 anest said IGA
between COOT for ftnd on behalf of the City of Englewood .
lmroduccd, read m full, and passed on lirsl rc.1ding on lhc 21 " da>• of Dccrmbcr. 2009. Published as a Bill for an Ordmll!lce in lhe Cny's official ncv:spapcr on the 15• day of Dccrmbcr, 2009 Published as• B111 for an Ordinance on the Cny·s ofliciol website bcginrung on the 23rd day of December, 2009 for thiny (30) days.
James K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, Chy Clerk of the City of Englewood, Colorado, hereby ccnify that the
above and forc8(1ing is a uue copy of a Bill for lll1 Ordinance. introduced. read in full, and passed on
lirs1 reading on the 21st day of December, 2009.
Loucrishia A. Ellis
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• State SS1gna MtceJ City of Englewood CONTRACT 10 HA6 038'18 ID 27100103~ THIS CONTRACT made this_ day of ______ 20_. by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred 10
as the State and CITY OF ENGLEWOOD, 1000 Englewood Parkway, Englewood, Colorado 80110·
2373 , COOT Vendor# 2000021 hereinafter refmred to as the "Local Agency" (or "Contractor 111 the
Special Prov1s1ons).
RECITALS
Authority exists in the law and funds have been budgeted , appropriated and otherwise made
available and a sufficient uncomm11teo ba lance thereof remains available for payment of project and
Loca l Agency costs in Fund Number 400, Function 2300. GL Acct 4541000010. Cost Center
R6S58300. (Contract Encumbrance Amount: 567,416.24).
2 Required approval, clearance and c~ordlnallon have been accomplis:1ed from and with appropriate
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3 Section 43·2·135(1)(i) CR S . as amended. requires the Staie to install. operate, maintain
and control , al State expense, all traffic control devices on the state highway system within t1t1es
and incorporated towns. and
4 The parties desire to enter this Contract for the Contractor to provide some or all of the
certain m3inten ance services on state highways that are the responsibility of the State under
applicable law. and for the State to pay the Contractor a reasonable negotiated fixed rate for
such services ,
5 The parties also intend that the Contractor shall remain responsible to perform any services
and duties on state highways that are the responsibility of the Contractor under applicable law, at
Its own cost ;
6 The State and the Contractor have the aulhonty, as provided 1n Sections 29·1·203, 43·1-106.
43-2-103. 43•2·104, and 43•2· 1~4 C R S , as amended , and m applicable ordinance or
resolution duly passed and adopted by the Contractor to enter into contract with the Contractor
for the purpose of maintenance of trafftc control devices on the state highway system as
hereinafter set forth, and
7 The Contractor has adequate facl11t1es lo perform the desired maintenance services on State
highways within its 1urisd1ct1on .
l'.igc t of 11
C /. H 1 B l T 1
THE PARTIES NOW AGREE THAT Section 1. Sc ope of Work All of the specific locat,on(s) and type(s)of ttaffic control devtce(s)to b~ operated and ma,ntaoned by the Contractor pursuant to th,s contract are described In Exhibit A attached hereto and incorporated herein Such services and highways are further detailed In Section 5 Se ction 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such confl1C1s
or inconsistencies shall be resolved by reference to the documents In the followmg order of priority
1 Spec,al ProvIsIons contained m section 22 of this contract
2. This contract
3. Exhibit A (Scope of Work)
4 Exhibits C and D (Contract Modification Tools)
5 Other Exhibits ,n des cel"Oong order of their attachment
Section 3. Term
This contract shall be effective upon approval of the State Controller or des1gnee. or on the
date made, whichever ,stater. The term of this contract shall be for a term of FIVE (5) years
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Provided, however, that the State's financial obligation for each subsequen~ consecutive fiscal year •
of that term after the firsl fiscal year shall be subject to and contingent upon funds fo r each
subsequent year being appropriated, budgeted, and otherw1se made available therefore .
Section 4 . Project Funding and Payment Provisions
A. The Local Agency has estimated the tota l cost of the work and is prepared to accept the
state funding for the work . as evidenced by an appropriate ordinance or resolution duly passed and
adopted by the authonzed representatives of the Local Agency, which expressly authonzes the
local Agency to enter into this contract and to complete the work under the pro1ect A copy of this
ordinance or resolutio n Is attached hereto and incorporated herein as Exhibit B
B Sub1ect to the terms of this Contract, for the satisfactory performance of the maintenance
services on the Highways , as described in Section 5, the State shall pay the
Contractor on a lump sum basis , payable in monthly Installments, upon receipt of the
Contracto(s statements, as provided herein
1. The State shall pay the Contractor lo the saI1sfactory operation and maintenance of
traffic control dev,ces under this contrau di the rates described In Exhibit C, which Is
attached hereto and made a part hereof. Provided , however, !hat the total charges to be
paid by the State during ea ch fiscal year beginning July 1 and ending June 30 of th e
following year shall not exceed an annual maximum amount of $67,416 .24 without the
benefrt of a supplementa l agreement exe~uted prior to any such excess charges being
incurred Contractor b,thngs and State pa)ments for eath of the traffic control dev,ces
listed In Exhibit A shall be on a "lump sum" basis. in accordance with the rates described
in Exhibit C, subject to the maximum amount described above , The Contractor will bill the •
State monthly and the State will pay such bills within 60 days
Page 2 or 11
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2 The statements submitted by the Coniracw for which payment Is requested shall contain an adequate descnpt,on of the type(s ) and the quant1ty(1es) of the maInte~ance services performed the date(s) of that performance. and on which specific sections of the Highways such services were performed In accord with standard Contractor billing standards 3 If the Contractor fails to satisfactorily perform the maintenance for a segment of the Highways (or portion !hereof). or ti the statement submitted by the Coniractor does not adequately document the payment requested , after nollce thereof from the State, the State
may deduct and reta:n a proportionate amount from the monthly payment based on the
above rate. for that segment or portion
Sect ion 5. State and Local Agency Comm itments
A The Contractor shall perform the i,ighway maintenance services" for the certain State Highway
System segments described herein Such services and highways are detailed In Section 1 (or
Exhibi t A).
B The Contractor shall operate and maintain the specific traffic control devices, and at the
part icul ar loca tions, all as listed on Exhibit A phe Work"), in a man ner that Is consistent with
current public safety standards on state highways within its jurisdictional limits. and in
conform ance with applicable portions of the "Manual on Uniform Traffic Control Devices" and the
"Colorado Supplement" thereto, which are referred to collectively as the "Manuar and which are
incorpo rated herei n by refe rence as terms and condit1e,ns of l hI s Contract. The Contractor sha ll
prOVlde all personnel , equipment. and other services neces sary to satisfacto rily perform such
operation and maintenance
C The State shall have the optio n to add or delete, al any time during the term of th is
Contract, one or more specific traffic control devices from !hose listed in Exh ibit A, .. nd
therefore amend the Work to be performed by the Contractor under this Contract. The State
may amend Exhibit A by written notice to the Contractor using an Option Le tter substantially
equivalent to Exhi bit D.
D The Contractor may propose, in writing, other potential specific traffic control devices to
be operated and maintained by the Contractor during the term of this contract , based on the
same rates that had been initially agreed to by the Contractor in Exhibit C. If the State
determines In wnUng that operation and maintenance of those other devices by the Contractor 1s
appropriate, and Is desirable to the Stale, and if the State ag rees to add such devi ces to this
contract , then the State shall. b:1 written Option Letter issued to the Contractor in a form
substantially equrvalent to Exhibit D, add such oevIces to this contract
E The Contractor sha'I perform all maintenance services on an annua l basis. The
Contracto(s
performance of such servI0 ,s shall comply with the same stan'1ards that are currently used by
the State for the State's pe rformance of such services , for simi lar type highways with simila r use,
,n that year, as determined by the Stal e. The State's Regional Transportation Director, or his
representative. shall determine the then current applicable maintenance standards for the
maintenance services Any slandardsld1rect1ons provided by the Sl ate's representative lo the
Contractor concern ing the maintenanc e services shall be ,n writing . The Contractor shall
conlact lhe State Region office and obtain those standards before the Contractor performs such
services, F. The Contractor shall perform the maintenance services In a satisfactory manner and In accordance with the terrr.s of this Contract. The State reserves the nght to determine the proper quanMy and quality of lhe maintenance services performed by the Contractor, as wen as the adequacy of such services, under this Contracl The State may withhold payment, If necessa,y, unlll Contractor performs the maintenance services to the State's satisfaction , The State will notify the Contractor In writing of any deficiency In the maintenance services. The Contractor shall commence corrective action within 24 hours of receiving actual or constructive notice of such deficiency: a) from the State : b) from Its .JWn observation : ore) by any other means. In the event the Contractor, for any reason. does not commence or ind,cates within 24 hours they cannot correct the defdency, the State reserves the right to correc1 the deficiency and to deduct
the adual cost of such work from the subsequent payments to the Contractor, or to bill the
Contractor for such work
G. Performance Measures shall be accounted for within the duration of this contract an.:I will
be associated with slgnaVelectrlca l maintenance. These Measures shall be addressed biannually
and for every six month period of the contract. Performance records shall be kept by the
Contractor and a copy sent to the COOT Project Manager listed i n thi s contracL The Contractor
shall submtt performance documentation to the COOT Project Manager semi-annually along with
the payment requests every April and October. Performance measures shall be conducted on all
devices listed In Exh ibit A.
Section 6. Record Kee pin g
The Local Agency shall maintain a complete me of all records, documents. commu•
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nicatlona, and other written rr.aterials. wllich pertaln to the costs incurred under this contract . The •
Local Agency shall maintain such records for a period of three (3) years after the dale of
termination of this contract or final payment hereunder, whichever Is later, or for such further
period as may be necessary to resolve any matters which may be pending . The Local Agency
shall make such materials available for Inspection at all reasonable times and sha ll perm it duly
authorized agents and employees of the State and FHWA to Inspect the project and tc Inspect,
review and audit the project records.
Section 7. Te rmination Provisions
This contract may be terminated as follows:
This Contract may be termineted by either party. but only at the end of the State fiscal year (June
30), end only upon written notice thereof sent by registered, prepaid mall and received by the
non-terminating party not later than 30 calendar days before the end of that fiscal year. In that
event, the State shaH be responsible to pay the Contrador only for that portion of the traffic
control device maintenance services actually and satisfactorily performed up to the effecllve date
of that termination, and the Contractor shall be responsible to provide such services up to that
date. and the parties shall have no other obligations or liabilities resulting from that termination,
Section 8. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter Into this contraCl
and that II has taken all actions required by its procedures, by-laws, and/or applicable law to
exercise that authority, and to lawfully authorize Its undersigned signatory to execute this contract
and to bind the Local Agency to Its terms. The person(s) executing this contract on behalf of the
Page 4 of 11
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• Local Agency ,·.a·rants :nat such person1s) has fuU authonzat,on to exe·ute th,s contract
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Section 9. Representatives and Notice The State will provide liaison with the local Agency through the State's Region Director Reg ion 6, 2000 South Holly, Denver, CO 80222 Said Region Director will also be responsible for coordinating the State's actlv1t1es under this contract and will also issue a "Noti ce to Proceed" to the Loca l Agency for commencement of the Work All communica lions relati ng to the day-to-day achv1t1es for the work shall be exchanged between representahves of the State's Transportation Region 6 and the Local Agency , All communicat,on, notices, and correspondence shall be
addressed to the individuals identified below Either party may from time to time designate in wnting
new or subsbtute representatives
If to State
Alazar Tesfaye
COOT Region 6 Traffic
2000 South Holly Street
Denver, Colorado 80222
(303) 757-9511
Section 10, Su~c essors
If to the Local Agency
Ladd Vestry
Traffic Engineer
City of Eng lewood -Public Works
1000 Eng lewood Parkway
Englewood, Colorado 80110
(303) 762-2500
Excepl as herein otherwise provided , this conlract shall inure to the benefll of and be binding
upon lhe parties hereto and their respectlve successors and assigns .
Section 11 . Third Pa rty Benefici aries
It 1s expressly understood and agreed that the enforcement of the tenms and cond1bons of
this contract and an rights of action relating to such enforcement , shan be stnctly reserved le the
State and the Loc al Agency Nothing contained in this contract sha ll give or allow any claim or right
of action whatsoever by any other third person It 1s the expre~s intention of the State and the Local
Agency that any such person or entity, other than the State or th e Local Agency receiving services
or benefits under this contract shall be deemed an incidental beneficiary only.
Section 12. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of
lh1s contract sha ll be construed or interpreted as a waiver , express or Implied, of any of tne
1mmunibes, nghts benefi ts , rrotection, or other provisions of the Colorado Governmen'.al lmmunrty
Act.§ 24-10-101 et seq C R.S., as now or hereafter amended The parties understand and agree
hat l1ab1l~y for claims for inJunes to pe, 10ns or property ar,s1ng out of negligence of the State of
t. >lorado itS departments, 1nst1tuhons, agencies, boards, offic1als and employees 1s controlled and
hm1ted by the provisions of§ 2t-10-10l et seq C.R.S . as now or hereafter amended and the nsk
management statutes,§§ 24-30-1501 et seq . C RS , as now or hereafter amended
Section 13. Severablllty
To the extent that this contract may be executed and performance of the obligations of the
parties may be accomphshed wlth 'n the Intent of the co ntract, the te rms or this contract are
severable. and shou ld any term or provision hereof be declared Invalid or become lnoperabve for
Pa~c 5 of 11
an> reason such ;nval1d1ty or failure shall nol affect the vahd1ty of any other term or provision hereof • Section 14. Waiver The waiver of any breach of a term, prov1sIon, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term , provIs1on or requirement Section 15. Entir e Understanding
This contract 1s intended as the complete 1ntegratIon of all understandings between tll~
part,es No pnor or contemporaneous addition , delebon, or other amendment hereto shall have any
force or effect whatsoever , unless embodied herein by writing . No subsequent novalIon, renewal,
addition, deletion, or other amendment hereto shall have any force or effect un less embodied in a
writing executed and app1oved pursuant to the State Fiscal Rules,
Section 16. Survival of Contract Terms
Notwithstanding anything herein to the conttary. the parties understand and agree that all
terms and conditions of this contract and the exhibits and attachments hereto which may require
continued performance, complia nce or effect beyond the termination date of the cor'•act shall
survive such termination date and shall be enforceable by the State as provided herein In the event
of such failure to perform or comply by the Local Agency,
Section 17. Modification and Amendment
A This contract is subiect to such modifications as may be required by changes in federal or State
law , or their imp lementing regulations, Any such required modification shall automatica lly be
Incorporated into and be part of this contract on the effective date of such change as If fully set forth
herein Except as provided above, no modification of this con Ir act shall be effective unless agreed
lo in writing by bot:, parties in an amendment to this contract that Is property executed and approved
1n accordance with api,hcable law.
B E11her party may suggest renegotiation of the terms of lh1s Contract, provided that the Contract
shall not be subiecl to renegotiation more often than annually, and that neither party shnll be
required lo renegotiate If the parties agree to change the provisions of this Contract, the
renegotiated terms shall not be effeclJve until this Contract is amended/modified according ly in
writing Provided , however, that the rates wil l be modified only If the party requesUng the rate
change documents. 1n accord with then applicable cost accounting principles arid standards
(1nclud1ng sections 24-107-101, el seo., CR S. and 1mplemenbng regulab, s), that the requested
increase/decrease Is based on and results from (and 1s proportionate to) an increase/decrease 1n
the "allowable costs" of performing the Work
Section 18. Option Letters
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Opuon Letters may be used to extend Agreement term , change the level of service within the
current term due lo unexpected overmatch, add a phase without increasing contract dollars, or
increase or decrease the amount of funding . These options are limited to the specific
scenarios listed below. The Option LP.:w shall not be deemed valid until signed by the State
Controll er or an authorized delega te F~::~wlng are lhe applications for the ind1v1dual options •
under the Option Letter form ,
l'agc 6 of 11
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Option 1 -Level of service change within currenl lerm due to unexpected oyermatch In an overbid s,toabon only. In the event the State has contracted all project funding and the Local Ag:?ncy-s construction bid 1s higher than expected . this oplton allows for addrbonat Loca l Overmatch dollars to be provided by the Local Agency to be added to Iha contract This opbon Is only appltcable for Local Overmatch on an overbid situation and shall not be intended for any other Local Overmatch funding . The State may unilaterally increase the total dollars of this contract as stipulated by the executed Oplton letter (Exhibit D). which will bnng the maxlfllum amount payable under this contract
to the amount indicated in Exhibit C-1 attached to the executed Option Letter (future changes to
Exhibit C shall be labeled as C-2, C-3, etc, as applicable). Pertorma nce of the services shall
continue under the same terms as established ,n the contract . The State w,lf use the Financial
Statement submitted by the Local Agency for ·eoncurrencg to Adverlise· as evidence of the
Local Aqgncy's intent to award and It will also p1Qvide the additional amount required to exen::ise
this option If the Stats exe rcises this option, the contract will be considered to mclu~e this
option provision.
Option 2 -Option to add overlapping phase without increasing contract dollars . The State may
require the contractor to begin a phase that may include Design, Construclton, Emnronmental,
Utilities, ROW Incidentals or Miscella neous (this ooes not apply to Acquisition/Relocation or
Railroads) as detailed In Exh ibit A and at the same terms and conditions stated in the origin al
contract with the contract dollars remaining the same. The Stale may exercise this option by
providing a fully executed option to the contractor within thirty (30) days before the initial targeted
start date of the phase, in a form substantially equivalent to Exh ibit D. tr the State exercises this
option, the cont ract will be considered to include this option provisio n.
Option 3 • To update funding (increases and/or decreases} with a new E xhibi t C This option
can be used to increase and/or decrease the overall contract dollars (state, fede:al, local
match, local agency overmatch) to date , by replacmg the original fu nding exhibn (Exhib it C) in
the Original Contract with an updated Exhibit C-1 (subseq uent exhibits to Exhibit C-1 shall be
labeled C-2 , C-3, etc).
The State may have a need to update changes to state, federal, local match and I :al agency
overmatch funds as out lined in Exhibit C-1, which will be attached lo the option forrr-The State
may exercise this option by providing a fully executed option to the co,tractorwithin thirt 130) days
after the State has received notice of funding changes. in a form substantially equivalenl lo Exh ibit
D. If the Stale exercises this option, the contract wiU be considered to include this option provIs1or.
Section 19. Disputes
Except as otherwise provided In this contract. any dispute concerning a quesUon of fact
ansmg under this contract winch Is not disposed of by agreement wlll be decided by the Chief
Engineer of the Department of Transportation The dec1s1on of the Chief Engineer will be final and
conclusive unless, within 30 calendar days after the date of receipt of a copy of such written
decision, the Local Agency malls or otherwise furnishes lo the State a written appeal addressed to
the Executive Director of the Department of Transportation In connection with any appeal
proceeding under this clause, the local Agency shall be afforded an opportunity to be heard and lo
offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the local
Agency shall proceed diligently with the pertormance of the contract in accordance with the Chi ef
Engineer s decision The decision of the Execuuve Director or his duly authorized representative for
Page 7 of 11
the determination of such appeals will be final and conclusive and serve as final agency act10n Th,s • di spute clause does not preclude cons1derauon of quesuons of law in connection wrth dec1s1ons provided for herein Nothing ,n this contract, however, shall be construed as making final the decision of any administrative official, representative. or board on a question of law Section 20. Does not supercede other agreements Th is Contract 1s not intended lo supercede or affect in any way any other agreement (if any) lhal 1s currently ,n effect between the Stale and the Contractor for other "maintenance services' on State Highway rights-of-way within the jurisdiction of the Contractor. Also , the Contractor shall also
continue to perform , at its own expense. all such activities/duties (1f any) on such State Highway
nghls•of-ways that the Contractor ,s required by applicable law to perform
Section 21. Subcontractors
The Contractor may subcontract for any part of the performance required under this
Contract, subject to the Contractor first obtaining approval from the State for any particular
subcontractor The State understands that the Contractor may intend lo perform some or all of lhe
services required under this Contract through a subcontractor. The Contractor agrees not to assign
rights or delegate duties under this contract [or subcontract any part of the performance required
under the contract] without the express, wriUen consent of the State [which shall not be
unreasonably withheld), Except as herein otherwise provided , this agreement shall inure to the
benefit of and be binding only upon the parties hereto and their respective successors and assigns .
Page 8 of 11
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• Section 22. Special Provisions
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Teese Special Prov•,1ons apply 10 al ' contracis excepI where n01eo ,n r.a/,cs 1. CONTROLLER'S APP ROVAL CRS §2 4-30 -202{1) Tnis C0nlr3Ct shall not be valid unlll ,, has been apr•oved by the Colorado Stale Controller or des,gnee 2. FUND AVAILABILITY CRS §24 -30-202(5.5) F1nanoa obogallons o' the State payable after lhe current f,s::al year are con1Ingen1 upon funds for !hat purpose being appropriaIed budgeted , and olherw,se made available 3. GOVERNMENTAL IMM UNITY No term or cond~IOII of 111IS conlfacl Shall be construed or mlerµreted
as a waiver, express or implied, of any of !he ,mmunit,es nghls, benef11s. pro1ec11ons, or other provIs1on s.
of the Colorado Government al Immunity Act. CRS §24-10-101 el seq , or lhe Federal Tort Claims Act .:8
USC §§1346(b) and 2671 el seq., as applicable now o, hereat\er amended
4. INDEPtNOENT CONTRACTOR Con1ractor shall perform 11s duues hereunder as an independent
contractor and not as an employee Neither Contractor nor any agent or employee of Contractor shat• be
deemed to be an agent or employee of the Slate Contractor and ,ts employees and agents are not
entitled to unemployment insurance or workers compensauon benefits through the State and the State
shall noI pay for or otherwise provide such coverage for Con1racIor or any of its agen ts or employees
Unemployment insurance benefits will be available to Contractor and ~s employees and agents only if
such coverage ,s made available by Contracto, or a third party Contractor shall pay when due all
appl,cable employment taxes and income taxes and loca l head taxes incurred pursua nt 10 this contract
Contractor shall not have authonzatlon . express or ,mpl1ed , to bind the State to any agreemenl hab1l1ty or
understand111g except as expressly se: for1h here111 ConIrac1or shal (a ) provide and keep on fo,ce
worl(ers compensat,on and unemployment compensauon insurance ,n the amounts required by law, (b)
provide proof th~reof when requested by the State, and le) be solely respo nsible for its acts and those ol
,ts employees and agents
5. COMPLIANC E WITH LAW Contractor shal sInct ly comply with all apphcable federal and Stale laws,
rules ano regulations In ettect or hereatter es tablrshed. In cludIng . without l1m1tation, laws apphcable to
d1scrunina11on and unfair employment practices
6. CHOICE OF LAW Colorado law, and rules and regutat10ns issued pursuant thereto, shall be appl ied
,n the ,nterprelahon , execution , and enforcement of ... s contract Any provisio n included or Incorporated
herein by reference which conflicts with said laws rules and regulabons shall be nul and vOld Arr,
prov,s,on incorporaIed herein by reference which purpons to negate this or any other Special Prov,s,on I~
Whole or ,n pan shall nol be valid or enforceable or available In any acuon al law, whether by way of
compla1nI defense or otherwise Any provision rendered null and void by the operation of ttus provis,on
shall not 111valtda1e the remainder of ti.; contract. 10 the e><1ent capable of execution
7. BINDING ARBITRATION PR OHIBITED . Tne State of Colorado does not agree to binding arbitration
by any extra-judicial body or person Any prov,sIon to the contrary In this contact or incorporated herein by
reference shalt be null ano void
8. SOFTWARE PIRACY PROHIBITION . Governor"s Executive Ord or D 002 00 State or ot her public
funds payable under this contract shall not be used for the acqu,sltion, operabon, or maintenance of
cornp1.Ier software In v,o:abon of federal copynght laws or apo ,cable hcensmg restrlCIIOns Contractor
hereb) certifies and warrams that, ounng the lerm of lh1s contracl and any extens ions, Contractor has and
shall maintain 1n place oppropnate systems and controls to prevent such improper use of pubhc funds 11
the State oetennmes I/lat Contractor ,sin VlOlallon or 111,s p,ov,s,on, the State may exercise any remedy
avaolab'e ,: law o, In equity or under this contract including . w,thout limItabon. immediate IermmaIIon of
this contract and any remedy cons,sten: with federal copy rig ht laws or applicable licensing restrlc t10ns
9. EMPLOYEE FINANCIAL INTEREST/CO NFLICT OF INTEREST CRS §§24-18-201 and 24-50-507
The s,gnatones aver that to their knowledge, no employee of the Slate has any personal or beneficial
,nterei.: wnatsoever ,n the service or property descnbed In this contract Cont ractor has no Interest and
shall no! acquire any interest, d~ect or ino ;rect that would confl,ct In any manner or degree with the
l'a~r •1 of 11
oerfor,iance of Contractors •~Mees and Coniractor shall not employ any person hav,ng such Imown • 1riterests 10, VENDOR OF FSET CRS §§24-30-202 (1) and 24-30-202.4 INot Appl/cable to /ntorgovornmontal agreomonts; SuoJect to CRS §2•-30-202 t (3 5) the State Controller may wItnhold payment unoer the States vendor offset ,ntercepl system for debts owed lo Stale agenc,es fo• (a) unpaid ch,Id sup:iort oebts or cM:: suPQOII arrearages (b) unpaid balances of tax accrued interest. or other charges spec1f1ed ,n CRS §39-21-101 . et seq , (c) unpaid loans t'•Je to the Student Loin D1V1s10n of tne Oepanmeni o' Higher Educa, on jd) amounts requ"ed to be paid 10 the Unemployment Compensalion Fund, and (o) other unpaid debts owing 10 the Stale as a result of final agency determ1oa1Jon or Jud1Ctal act10n 11, PUBLIC CONTRACTS FOR SERVICES CRS §8 -17.5-101 (Not Appl/cable to agreements relating
ro the offer, Issuance, or sale of securities, Investment advisory services or fund mansgemont
services, sponsored p rojects, Intergovernmental agreements, or Information technology services
or products and services) Con1ract0< certifies, warrams, and agrees that 11 does not knOW1ngly employ or
conlrac: with an illegal alien who wm perform work under this contract and w,11 confirm the employment
ellgIbilit}' of aP employees who are newly hired for employmenI ,n the United States to perform work under
lnis contract. through pMlc1paI1on In the E-Verlfy Prograrr or the Department program established
pursuant to CRS §8-17 5-102(5)(c). Con1racIor shaH not knowingly employ or contract wilh an illegal alien
10 perform work under this contract or enter Into a contra cl with a subcontractor that falls to certify to
Contracior !hat the subconuaclor shall not know,ngly employ or contract with an rlleg al alien 10 perform
wort under thrs contract ConIraclor (a) shall no1 use E-Verlfy Program or Department program
procedures to undertake pre-employmenl screening of Job applicants while this contract ,s being
performed, (b) shall notify the subconlractor and the contracting Stale agency Within three days if
Contractor has actual knowledge tnat a subcon1ractor Is employing or contracting with an illegal ahen for
work under !his contract, (c) shall terminate the subcon1ract If a subcontractor does not stop employing or
contracting with the lltegat afien within three days of receiving the notice, and (di shall comply with
reasonable requests made In the course of an ,nvestlgation, undertaken pursuant to CRS §8-17 5-102(5), •
by the Co!orado Oeparlrnent of Labor and Employment II Contractor partrc,pates ,n the Department
program Contractor shall deliver to the contracting State agency, lnsbtution of Higher Educabon or
pol1bcal subdivlStOn a wrrtten, notanzed att,rmauon, affirming that Coniractor has examined lhe legal work
status of such employee, and shall comply with all of the other requirements of the Department program If
Contractor fa4s to comply With any requirement ol this provision or CRS §8-17 5-10 1 el seq , the
contracting State agency, 1nstitul10n of higher education or pofibcal subd1V1s10n may terminate I1\ls con1ract
for b<eac~ and , tf so Iermmaled, Contractor shall be liable for damages
12. PUBLIC CONTRACTS WITH NATURAL PERSO NS. CR S §24-76.5-101. Cont ractor, If a
natural person eighteen (18) years of age or older, hereby swears and alfums under penalty of
peeury that he or she (a) Is a citizen or othelWlse lawfully present 1n the Untied Slates pursuant to
federal law (b) shall comply wrth the provlSIOOS of CRS §24-76 5-101 et seq , and (c) has
procluoed one form of 1dentifrcabon required by CRS §24-76 5-103 pr10r 10 11\e effective dale or
this contra:L
Rovised 1-1-09
l'a~c 10 of 11
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SIGNAT URE PACE THE PARTIES HERETO HAVE EXECUTED THIS CO TRACT CONTRACTOR
City or Englewood Colorado
Legal Name cf Con1ract1ng En1rty
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COOT Vendor Number
Signature or Aulhonzed Offocer
Pnnl Name & TIii& of Aulhonzed Ott,cer
CORPORATIONS
(A ccrporale alleg191,on i$ required ,)
STATE OF COLORAOO BILL RITTER , JR ., GOVERNOR
By _----::E,-xe_cu_11ve_-=Dtr-ect_cr ________ _
Oepar1men1 of Transpona1,on
LEGAL REVIEW·
JOHN W SUTHERS
ATTORNEY GENERAL
By ______________ _
Alles, (Seal) BY---,--:--,---:---,--=--==-,--:-~
(COrpoflle Sea.ta., CK EQUNl .. n1 o, TowntCcylCounty CJtrtc) (Pllce corporale HIii here, If IVIUablt)
ALL CO 1TRACTS MUST RE APPROVE0 HY TII E STATE CONTROLLER
CRS 2~-30-202 requires lhal the State Controller approve au stale conltacls This conlrad is not valid until the
Stale Conlroller, or such assistant as he may delegate, has signed 11 The contractor Is not euthonzed lo begm
performance until the contract Is signed and dated below. If performance begins pnor to the dale below. the
Slate or Colorado may not be obligated to pay for the goods and/or services provided
STATE CONTROLLER
DAVID J MCDERMOTT, CPA
By ______________ _
OalP ___________ _
l'oge 11 of 11
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Exh ibit A -Scopo of Work Exh ibit A Stnlr I l ighwn,· Trnffic /i ig nnl Listing TI1c Cit) shall ma1111ain the traffic signals and ns~ociated stop bars and crosswalks ut the locations listed below.
Any reconstructton, modification. or improvement initiated by the City or perfom1ed as a
result of a City project shall be incl uded in the maintemmce provided by the City.
Any reconstruction, modification. or improvement initiated by the State or performed as a
result of a State project shall be paid for separately h)' the State.
• The City shall perform inspections of each location, in all directions. and submit
documentation to COOT by April 10"' and October 10th for each year of this contract .
Inspecti on sha ll include, bu t not lim ited to:
o Each signal lens is operating and visible
o Signal Timing is operating as programmed
o Controller and Cabinet arc clean and in good repair
o Commu nic mion 10 sig nal is connected and operating
o \'chicle detection is operating properly
o All luminaries attached to the signal are operating
• Any defects found duri ng inspections listed above at these intersections shall be remed ied wi thin
reasonable timeframc per Sllllldard industry practice. Defects and remediation shall be
documented and kept on file at the City and available for CDOT upon request. Any defects not
remedied shall incur a price reduction 10 the next mon th's compensation of$340,00 per signal.
• The City shall perfo m, an annual inspection which shall include: the visual inspection of signal
caissons, bolts. bolt tightening. steel. welds, auochment hardware. back-up power testing and
signet connict monitor testing. Documentation on this inspection shall be submiued to CD01
by Octo ber IO'h of each year of lhis contract. Any deficiencies found in boll tightening :ind
attachment hardware shall be corrected by the City immediately. Structural defects requiring
pole or mast arm replacement shall be the responsibili ty of COOT. Any deficiencies of this
nature shall be documented and brought to the attention of the COOT project manai;er for
correction b) COOT. Other minor structural defects shall be the responsibili ty of the Ci ty .
TRAFFIC SIGKALS MAl:\TA INE D B\' THE CITY OF ENGLEWOOD SH 285 and Inca St. 2. SH 285 and Galapago St. 3. SH 285 and Elati St.
4. SH 285 and Cherokee St.
5. SH 285 and Broadway (nonh )
6. SH 285 and Broadway (south)
7. SH 285 and Sherman S1.
8. SH 285 and Logan St.
9. SH 285 and Clarkson St.
I 0. SH 285 and Downing St.
11 . SH 285 and Gilpin St.
12. SH 88 (Belleview) and Clarkson SI.
13. SH 88 (Be lleview) and Logan St.
14. SH 88 (Belleview) and Broadway
15. SH 88 (Belleview) and Pirates Cove (1250W.)
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S1:11r l-lighw u,· Si gn s :mcl Marki ng, • The Cit) shall maintain signs and marking at the lo ations listed below. • The City shall maintain all roadwny marking s. • The Cit) shal l maintain all regLila10ry und warn ing signs 1ha1 can be moumcd on Unis11111 . Tclespar post s. all delincator po sts . and all guide signs installed and owned by the City. •The . w1c shall maintain all regulatory ~nd w.irning signs 100 large IC' be 111ou111ed on llnis1ru1 post . all guide sig ns not installed and owned b) th~ City, and all other signs not maintained by the City .
• l111crsec1ion rig h1-or-wai control signs at City roadways intersccung Sta te highways 1a!I bt: maintained bi
1hc agency mainta ining the intersec1ed State highway .
• Jn1erscc1ion right-or-way cont rol signs at State highway exit ramps in tersecting City roadway s shall be
maintained by the City.
• Either age ncy making changes lo signs or markings nt the locations listed below shall provide notification
or the changes 10 the other agency. No tifi cation or changes to regu latory sign ing shall be made in writing.
• The City shall perfo rm yearly pavement marking inspections and sign inspec tions. and subm it
docume ntat ion to CDOT by Oc tober 10th. Pavement marking inspection sha ll include . bm not limited 10 :
o Physical appea rance
o Pcrcem or marking in place
• Sign In spections sha ll include:
o Physica l condi ti on of the signs t1sing the night time inspec tions
o Cond it ion c-rpos1 (dam aged, pl umb)
o Fas ten ing hardware checked for tightness
• Any signs failing the visual inspections sha ll be listed as defec tive and shal l be replaced within one
momh of disc ove ry wi th asso ia ted docur.,enlation to CDOT . Any defective signs not re111!died
shall incu r a pnce reduc tio n 10 the next month's compensation.
o Class I Sig ns • $ I 00.00 per si~n deduction
o Cla ss II Sign s -$200.00 per sign dedt1ction
o Class Ill ign s • $500.00 per sign deduc tion -Strcel Numc Em!!! To l..J;iu:!h
tlm: (mile~)
28.1 H!lmpdenlkfTcrscm Jason Gilpm 1.84
Totnl miles 1.8~
• EKhlbil B -lto1olu1l1111
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LOCAL AGENCY ORDINANC E or
RESOLUTION
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Exhibit C -Rate Schedule EXH IB IT C Traffic Control Dev ice Rate Sc hedule
1.84 Miles of signs and markings at $281.53 per mile per month
15 Signals at $340/month
Maximum mon1hly billing
Total Maximum Annual Cost
S 518.02
S 5.)00.00
S 5,6 18.0 2
$6 ,",416.24
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Exhib it O -O ption Letter SAMPLE IGA OPTION LETTER (This option has been created by tho Offi ce of the State Controller for CDOT use only) NOT/: Tn,s optton 1s //m11ed 10 the specrlic con1rac1 scenanos l,s1ed below d!iQ cannol be used ,n place of exerc,smg a formal amendment Date: State Fiscal Year: Option Lotter No. CLIN Routing# Vendor name: ___________________ _ A. SUBJECT: (Choose applicable Oplrons /1s1ed below AND m sectron Band dere1e /he rest) 1 Opl1on 10 renew (for an add1t1onal IP.rm) applies to Highway and Srgnat maintenance contracts ONLY, thrs
renewal ca nnot be used 10 make any change lo the orrgrnal scope of wo1k.
2 Level or servtce change within current term due lo an u nexpected Local overmatch on an overbid
s~uat,on ONLY.
3 Opbon to add phasing 10 include Des,gn Constructron. Enwonmental, u1,1,~es ROW rnClden tals or
M,scellaneous ONLY (does not apply to Acqu·srtJOl'JRelocatJon or Railroads),
4 Opllon to update funding (a new ExM>rt C must be attached with the option lelter and shal be labeled
C-1 (future changes for this opbon shaD be labeled as follows. C-2. C-3. C-4, etc.)
8 . R~l ,:.'• lED PROVISIONS All Optron Letters shall contain the appropnate provisions set lorth
bet,_,.
(Insert tho following language for uso with Options #1 li
In accordance with Paragraph(s) ____ of contract routing number (rnsert FY Agency code & CLIN
!!2!!l!!!2..!} between the Slate or Colorado. Department or T ranspollatton and /insert confractO(s nam,> the
state hereby exerC1Ses the option for an addrbonal term of (mserl perf01mance per,od here/ al a co$Vpriee
spec,fll!<I 1n Paragraph/SeC110n/PrOV1s1011 ______ cf the ong1nat contract. AND/OR an ,ncrease In
the amount of goods/services at the same rate(s) as spec,fted 111 Paragraph ________ of the
ongrnal contract.
(insert the following language for use with Option #21:
In accorda nce with the terms or the original contract (mser1 FY Agency code & CUN routing#/ between lhe
State of Colorado , Department of Transportatton and /Insert contrac/or'$ name herel. the State hereby
exercises the oplron 10 record a levtl of service change due to unexpected overmatch dollars due to an
overt>•d s,tuatron The contract ,s now Increased by (indicate addr/!Qllal dollars here) specified 111
Paragraph/Seciion/ProVISron _______ of the onglllal contract
(insert the following language for use with Option #31:
In accordance wrth the terms of the orrglnal contract (insert FY Agency codq & CLIN routing#/ between the
State of Colorado. Department or Transportatr on and /in sert con{ractor's name here}. the State hereby
exercises the optron to add an overlapping phase rn ljnd,ca/e Fiscal Year here) that wrll include ~
wt11ch phase wril bg added and rnclvde aff lhpf apply-Des,qn Construct!QII Env,rpnmentat U/11,t,gs ROW
inclden:als or Miscellaneous ) T01a1 funds lor this con11ac1 remain the same t,nd,cate rota! dollars here) as
referenced III Paragraph/Secwn/PrOV1Son/Exh1b<1 ______ .of the orig rnal contract
(Insert the following language for use with Option #4):
In accordance with lhe lerms or the origrnal contr•ct (Insert FY Agency code & CLIN routmq #I between
the State of Colorado, Department of Transportation and (lnser: conlracto s nsme herel. the State hereby
exercises the optron to update funding based on chang es from state. federal, local match and/or local
fa~hibit D. Page I of 2
agen:, 0\1?'ffl31Ch fun:Js -,,e CO'"ltrac: t$ now lseiec: 0Qe mcreas•dgndJor accreascdJ b}' onsen d2'·11rs !!fil!'I soec,',ed on Para;·ao.,,•Secuon -Prov,s101\1Exh,o,1 ______ of the orog,na con:rac: A new Exh1b,: C· • s made pa~ of the orig1na contract and replaces Exh10,: C (The following rs a NOTE onli so please delete when us•ng this opt,on future changes for this option for Exh1b1t C shall oe labeled as follows C-2 C-3 C-A etc 1 (Tho following language must be lncludod on all oplionsl: The amount of the current F,sca Year contract va~e ,s (mc,eased.ldecre,sedl I>'( (S amount of change/ t<> a new contract value of (S _____ ~to satisfy seMCes/goods ordered under the co.itract for the current fiscal year (ond/CStg F,scal Year/ The first sentence m Paragrapll/Sectoon/Prov,s,on _____ os hereby modified accordingly
The to tal con tract value to include all previous amendments, op tion le tters, etc 1s ($ _____ ~
The effective date of lh1s Opbon Letter Is upon approval of the Slate Controller er delegate whichever IS
later
APPROVALS :
For the Contractor;
Legal Name ol Contractor
By -----------------Pnnt Name of Aulhonzed lnd1Vldual
Signature _______________ _
Date
TIiie Otficlal TiUe or Authonzed Individual
State of Colorado:
Bill Ritter, Jr • Governor
By-__________________ Date ______ _
Executove Director, Colorado Department of Transponat,on
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 roqulres the State Controller to approve all State Contracts, This C<>ntract Is not
valid until slgnod and dated below by tho State Controller or delegato, Contractor Is not authorltod
to begin performance until such l i mo. If Contractor boglns performi ng prior thereto, the State of
Colorado Is not obligated to pay Contract<>r for such perform ance or for any goods and/or
se rvices provided hereunder.
UPQa1ed J unt 1 l 1008
State Controller
David J. McDermott, CPA
By-------------
Date· ___________ _
falubn D. Page~ on
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COU NCIL COMMUNI CATION Dale: Agenda ll em: Sub ject: December ~I , W09 9 a iv IGA 1or Art Shuule Cost Sharing Initia ted By: I Staff Sou rce: Communit\ De, elopment Department Harold J. SutL Senior Planner
PREVIOUS COUNOL ACTION
Council approved an Intergovernmental Agreement (IGA) between the City and the Regional
Transportation District (RTD J for funding of the Englewood Circulalor Shuttle b)• Ordinance 50,
Series of 2004, Ordinance 66, Series of 2007, by Ordinance 10, Serles of 2008, and by Ordinance
8, Serles of 2009. Council approved by Mol lon, In Augusl 2004 a contracl for iranslt se rvices wi1h
Laidlaw Transit Services and subsequently ex1ended this contract by Resolution No. 87, Series oi
2005, by Resolution No. 77, Senes of 2006, by Morion on December 3, 2007, by Morion on March
3, 2008, and by Motion on April 6, 2009.
RECOMMENDED ACTION
Staff recommends Council adopt a bill 1or an ordinance authorizing an Intergovernmental
Agreement between the City of Englewood and the Regional Transportation District for cost sharing
for operation of the art shu ttle for 201 0.
BACKGROUND ANO ANALYSIS
This IGA with RTD is for the operation of 1he ~rt shuttle for calendar year 2010. Under this
agreement the shuttle will continue to prO\ 1de the current level of service operating every 15
mlnures, Monday through Friday, 6:30 AM 10 6:30 PM. RTD will reimburse the Cit\• 100% of all net
ope rating cost.I as set fo rth In Exhibit B of th e IGA. Ne1 operatin g expenses exclude administrative
coSl.l, marketing and promotional materials cosL As with prior agreement.I, the City "111 also
provide fuel to eliminate state and fed eral gasoline taxes, reducing fuel cost.I by approxlmatelv
$.SO/gallon. The City will reimburse RTD an amount equal 10 the local fa res tha1 would have been
collec1ed had the shuttle operated as a fare service rather lhan free service . The amount of the
compensation was determined through a survey of riders conducted in October 2009. The sun ey
results indica ted 1he numbe r of riders that did not ha,e a bus pass or transfer and wou ld be subject
to the standa rd, reduced sen ior or student fare , For calendar year 20 10, 1he lost fare amount equa ls
S84.107.
FINANCIAL IMPACT
RTD will reimburse the City fo r all contract and iuel costs less th e los1 far e amount. Fo r lhe cor.tracl
period th is lost fare amount is $84,107 and Is Included In the approved 20 IO Community
De, elopment Depanmen1 budgeL The contract continues the same le, el or ser,rce operating Monda, 1hrough Frtda,, 6:30 am lo 6:30 pm a1 no cos1 to riders. ATTACHMENTS An Shu1de Ridership Repori Bill ior an Ordinance •
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art Sh utt le Ridersh ip Report • Month Ridership Total Average Month Ridership Total Ave.rage September-04 5 419 5 419 5,419 lanual)-08 16,226 16,226 16.226 October-04 9,166 14 565 7.293 February-OIi 1-,504 36,032 18,016 l\o\'ember-0-I 10.362 24 94; 6.316 March-OS 1-,925 53 .957 17.966 December-0-I 12,149 3;096 9,274 April-08 16,468 -2,-i:?5 18.106 Mav-08 1-.s s 2 59_9;; li.995 Month Ridership Total Average )une-08 16.959 106,936 18.156 January-OS 11.353 11 353 11.353 luly-08 19,657 126.593 18,370 Februal)•-05 11,642 22 ,995 11.496 August-OS 18.850 147,4-13 18,430
March-OS 14,513 3i.508 12,503 Sepiember-08 19,476 166,919 18547
April-OS 14,024 51.332 12,883 Oclober-08 22,677 189,596 18,960
May-05 14 ,982 66 5 14 13 ,303 Novomber-08 18.053 207,649 16.877
Jun~S 14.487 81 ,001 13,500 December-OS 20,167 227,816 18,985
July-OS 13,574 94,575 13,511
August-OS 17,599 112,174 14,022 Month Ridfflhip ToQI Average
Seplember-05 15,968 128,142 14.238 )anuary-09 19,606 19,606 19,606
Ociober-05 17,162 145,304 14,530 february-09 20,692 40,298 20,1 49
November-OS 16,505 161,609 14,710 March-09 20.459 60,757 20,252
Decem~-05 15.877 177,686 14,607 April-09 20.562 61,319 20,330
May-09 20,45 9 101,776 20,356
Month Ridership Tohll A.vera1e Jun~9 21,522 123.300 20,550
J•nua,y-06 17,815 17,615 17,615 July-09 20.199 143,499 20,500
February-06 15,316 33,133 16.567 Augu<l-09 20,045 163.544 20,443 • March-06 17,928 51.061 17,020 Sepiembe r-09 19,271 182.815 20.313
April-06 15,067 66,128 16,532 October-09 19,759 202,574 20.257
May-06 18.300 84,428 16,886 NovemMr-09 18,229 220,803 20,0iJ
June-06 16,41 4 100,842 16,807 Oecember-09
)uly-06 14,722 ll:i.564 16.509
August-06 1;,;11 133,275 16.659
Septembff-06 16,587 149,862 16,651
October-06 18,181 168,043 16,604
:Sovember-06 17,620 185,663 16,697
December-06 14,725 200,568 16,716
Month Ridership Total Average
Januarwl7 17,196 1;,196 17,198
Februarv-07 16,084 33,282 16,641
March-07 18,276 51,558 17,166
April-07 17,059 68.61; 17,154
Mav-07 18.471 Si.068 1-.418
lun~7 17,612 104,700 17,450
luly-07 li265 121 ,965 17.424
August-07 18,43U 140,403 17.550
Septembet-07 13,914 154.Jli 17,146
October-07 1&,82) 171 140 17,11 4
:-.ovember-07 15,619 186.759 l&,978 • December-07 16,406 203.165 16,930
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ORDINANCE NO. SERIES or 2009 B\' Al THOR ti\' COUNCIL BILL NO. 58 l!\'TRODUCED B\' COUNCIL MEMBER ____ _ ABILL FOR AN ORD~A.'IICE Al!THORJZL"IG THE INTERGO\'ERKMENT AL AGREEMENT El\TITLED ··AGREF\IEJ\T RTO & cm· OF ENGLEWOOD COST SHARING FOR THE ART" BETWEEN
THE REt.luNAI TRANSPORTATION DISTRICT (RTO) AND THE CITY OF ENGLEWOOD.
COLORADO.
9t1 ///
WHEREAS. the Englewood Cny Council appnll'ed an lnt~ovcmmental Agrccmcnt between
RTO and the City of Englewood for funding of the En!!lewood Circulator Shuttle for 2004 -2007 by
the passage of Ordinance No. 50, Series of 2004: and
\',llEREAS. the Englewood Cu~ Council approved an lnt~vcmmcnuil Agrccmcnt between
RTO and the Cny of Englewood for funchng of the Englewood C1rcula1or Shun le for September I 0.
2007 through December 31. 2007 by the passage of Ordinance l\o. 66. Series of 2007: and
\\llEREAS. the Englewood City Council appnwcd nn lntergovcmmental Agreement bct"·cen
RTD and the C11y or Englewood ror funding of the Enttlewood Circulator Shuttle for January I, 200S
through December 31, 2008 by tllc passage of Ordinance No. 10. Scncs of 2008: and
WHEREAS. the Cuy of Englewood designed the Englewood Shunle 10 provide ci1cula1or shun le
service in the general orea of the CityCenter Englewood. downtown Englewood and the
Swedish Cnug Medical Center: and
\\llEREAS. this service provides n·obili1y and access 10 the co mmercial areas in and around the
vicinity of the CityCentcr Eng lewood hght rail station. dowmown Englewood and the Swedish/Craig
Medical Ccmcr: and
WHEREAS. RTO pm,1dcs bus sm1ce 10 and through the C11yCen1er Englewood area and the
area 111 and around dowmown Englewood and the Swedish/Craig Medical Center: and
\\llEREAS. RTI, J1:.• the City nf Englewood 01,lR'C that these services will complement each
o•hcr and pro,idc anran ,vc and clTecuvc transit SCr'\1ce for people working and shopping in the area
• 'Toundmp 11\e CityC'cMcr Englewood: and
WI IERJoAS. the C' v Council of the City of Englewood. Colorado approved apphcotion 10 the
Dcn,·cr RC!,!lonal Cou0 1i rf Govcrnmcats (DRCOG) Ccmgcsuon Mlllj!lllion Air Quahty Funds for
opcnmon of a Cin:::!,1c,r Shuttle in Ncwembcr 2002. and
WHEREAS . the passage of this proposed Ord ma nee will pm\'ide the same lc\'cl of scn•ice for the
calendar year 20 IO:
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
~ The Cn) Council of1he C1I)' of Englewood. Colorado hereb) au1hont<S lh< IGA • <!llitled .. Agreemcnl RTD & CII) of Englewood C0$1 Shanng For The Ari°" hc1wttn lhc Regional Trnnsporta1ion D1s1r1c1 (RTD) nnd the Cni ofEnijlewood. Colorado. as nnachcd hercm as Exhibn I ~ The 1'foyor and Cily Clerk arc aulhonzcd 10 execulc and anest .aid lntergo,·cmmcn1al Agreemcnl for and on behalf of the Cit)' of Engle"·ood, ln1roduced. read in full. and passed on first reading on the 21" day of December. 2009 Publi shed as a B,11 for an Ordmnnce in the Cny"s official newspaper on the 15• ®) of December.
2009.
Published as a Bill for an Ordinance on the City"s oflic,al "ebsnc bcgmnmg on the 23rd day of
December. 2009 for th,ny (30) dllys.
James K. Woodward. Mayor
ATTEST·
Loucrishia A. Ellis. Cny Clerk
I. Loucrishia A. Ellis. City Cieri of the City of Englewood. Colorado. hereby certify that the
Obo\'c and foregoing 1s a uuc copy t.f a Bill for an Onhnancc. introduced. read in full. and passed on
first reading on the 21s1 day of December, 2009.
Loucrishia A. Ellis
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• AGREEMENT RTD & CITY OF ENGLEWOOO COST SHARING FOR TH E ART This Agreement is made lh1s __ day of ___ , 2010, between the Regional Transportation District. a politica l subdivision of the state of Colorado organized pursuant to the Regional Transportation District Act, C R.S § 32-9-101 , et seq .. (hereafter "RTD'), and the City of Englewood . Colorado, a Colorado home rule city (hereafter "the City"). RTD and lhe City may also be referred lo herein ind1v1dually as a "Party" and collecllvely as lhe "Parties".
RECITALS
1. The City has funded and operated route circulator bus service within the Englewood area (the
"art") since September 2004. This seMce provides mobility and access from the Englewood Civic
Cenler to Swedish Medical Center and Craig Hospital along Englewood Parkway and Old
Hampden Avenue.
2. F-TD also provides light ra il and bus service In and around the City.
3. RTD and the City agree that these services are complementary to providing attractive and
effective transit service for people working and li ving In the area in and around Englewood .
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4. Although RTD does not provide circulator llus service in Englewood and the City does not provide
such service as a private contractor for RTO, RTD wishes to financially contribute to the continued
provision of circulator bus service in Englewood .
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AGREEMENT
Now, therefore, in consideration -,f the promises and obligations set forth herein, and for other
good and valua ble consideration. the rece'~I end sufficiency of which are hereby acknowledged, the
Parties agree as follows: ·
1. ART CIRCULATOR BUS SERVICE The City shall co ntinue to n-.,nage and operate, either
directly or through its designated agent(s), the art route circulator bus se, ,ce In the City . The City
and/or Its designated agent(s) shall be solely responsible for all art operations. management
marl<eung , administration, and services delivery functions, including provision of vehicles , vehicle
maintenance, insurance and accounting . As part o' its operat10ns of the art service, the City
and/or its designated agent(s) shah provide fuel for the vehide(s), lhe cost or which shall be
reimbursed as an operating expense as proVlded m this Agreement Except as specifically
provided herein, RTO shall have no responsibility for the operations and management of the art.
RTD shall have no respons1h1lity for, nor authority or control with respect to, the supervision and
management of any employees or contractors who work in connection with the art.
Notwithstanding RTD's right to stop funding as provided herein, RTD has no obligation, nor right
pursuant to this Agreement. to otneiw1se continue the services provided by the City, If the City
ceases to provide these services .
2. COOPERATION. The Parties agree to cooperate and share Informatio n about transit Issues in
Englewood . as provided in this Pa ragraph 2
!.. l, l 3 I 1
:.. The O:; anc R-o s-.all each ces•g~ate a represe•.:2.t•v~ respor.s,ble f:• t~e Ir.cpleme'ltat"On o' t-iis Agreemen:. • 6 City and RTD staff will confer on marketing a·,d se· •"G oevelo;>ment issues and regularly exchange relevant information in order to report progress to the respective organl:altons 3. ART SERVICE The art route, service hours and frequency of service shall be as shown on Exhlbll A, which is allached and hereby fully incorporated by reference , The Part ies hereafter may, upon mutual agreement In writing by both Parties, modify Exhibll A as necessary to effect this Agreement RTD reserves the right lo withdraw funding, as provided In this Agreemenl. n the Clly Implements any major changes to these services .
4 MARKETING AND PROMOTIONAL MATERIALS. The City and its designated agent(s, ~•-an
develop r nd implement art marketing and promotional matenals and activities at the,r sole cost
RTO staff reserve the right to review and comment upon proposed marketing strategie$ md
matenals . RTD shall include current art brochures , maps and other Informational and oromolional
materials supplied by the City or its designated agen~s) at aU of tis ,nformahon/customer ~erace
centers. Specifications for such materials shall be approved by the RTD to ensure ,.. -r~ubility
with RTD d,splay capability, The RTD customer service telephone information centeI w: ,''>Vlde
up-to-date art service and schedule Information. The City shall allow RTD to u,~r,1~y an
appropriate RTD logo (slating that the service Is In partnership with the RTD ) on all vehicles used
to furnish the art service and financia lly supported in part by RTD through this Agreement.
Notwithstanding the forego ing, the art shall not be designated, marketed or promoted as an RTD·
branded service.
5 TERM AND RENEWAL. The term of this Agreement shall be deemed to have begun on January
1, 2010 and shall expire on December 31, 2010, Thereafter, the Parties may, by written
agreement. renew the Agreement for successive periods of one year each under the same terms
and condi!Jons, although any renewal of this Agreement will contain specific funding levels for the
renewal year1s). Notrung herein obligates RTO to mJie funds available for the art or to renew this
Agreement in any future fiscal year E11en if this Agreement is renewed In subsequent years,
noth,ng herein shall imply funding will be renewed at ,he same or any level
6. SIGNAGE. The City shall maintain all art signs and sign posts and shall be solely responsible for
all sig nage related to the art.
7. RTD FUNDING. To support th e City's art service, RTD shall reimburse the City one hundred
percent (100%) of the Net Cost of operating the art see:ice.
A Net Cost shall be defined as ell operahng costs for the art. ,ncludlng fuel, less Esllmated
Farebox Revenue, based ,pon the regularly scheduled service hours and cost breakdown as
proVKled 111 Exhibit B, which Is attached hereto and fully incorporated by reference herain.
Operating costs, as referenced herein, shall not include an} adm1nislra11Ve costs for the City. The
Clly Is solely responsible for any additional operatmg costs relahng to service hours that exceed
those regularly scheduled service IY>urs as shown in Exhibits A or B, tncluding any special events
and h hdays
B Estima ted Farebox Revenue for the 2010 year of operation shall be S84 ,107, as provided m
Exhibit B. Since the City offers the art as a fare-free service, Estimated Farebox Revenue is
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based upon a survey performed In October 2009 by RTD that determined the average fare that •
would have been collected had th e City charged RTD's local fare for the art service ,
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C. Nothing ,r this Agreement shall preves· the City from collecting contributions or fees from other enhhes to help oe!rai· the unre,m:,u•s~ costs o' ;irnvid,ng thE ar service RTO shall not be a ::,any 10 any such arrangement anc shal not receive any direct ahocat,or of or credit for such contnbut1ons or fees 8 INVOICING AND PAYMENT A The City shalt submit an invoice to RTO on a monthty basis for paym, •n t cf the Net Cost ::,ursuant 10 Parag•aph 7 herein. The invoice shalt include an 1tem1zet: hst or re,mbursable operahng expenses, including fuel, and shall deduct $7,008.92 as mor,mly Eshmated Farebox Reve nu e. In addition, the invoice shall Include a summary, as agreed, or service hours , mileage,
the number of passenger boardings generated as a result of providing art service. and any c, ·,er
information that RTD requests
B. RTD shall pay all approved invoices within thirty (30) days of receipt. If RTD does not
approve an invoice from the City or Its designa:ed agenl(s). a wrIllen explanation of
of disputed items will be sent within ten (10) days of RTD's receipt of the invoice .
9. RECORDS. The City and/or Its designated a.ienl(s) will maintain full and complete fin·,, al
records for the operat,on of the art. including bJt not limited to informabon on the number ,,
passenger boardings on the art. any farebox revenue collected as a result of the (lperatlon of art
service. if any, and any other information that RTD requests. The City and/or Its designated
agen~s) shall make these records available to RTD lor audit for three (3) years National Transit
Database (NTD) da1a shall be kept in accordance with Federal Transit Administration ("FTA")
requireme nts and shall be reported as part or RTD's NTD submission .
10. ART PERFORMANCE ASSESSMENT. The art service performance will be assessed by RTD, in
its sole discretion, to determine if performance expectatio11s have been met and to determine if the
funding provided by RTD Is warranted. If If RTD chooses not to renew this Agreement. RTO shall
notify the City by April 1, 2010. this Agreement Is 1erminated due to lack of funding by either
Pany in the next year's budget c-1cle it shaft notify the other party on or before December 1 and
service will be term:nated effective January 1. Nothing herein obligates the RTD t.:> renew or
extend this Agreement at any time .
11. DRUG AND ALCOHOL TESTING PROGR/IM. The City shall require th e cr,ntractor providing the
art service to establish and implement a druc and alcohol testing program that complies with 49
C.F.R. Part 40 and Part 655, and permit any authorized representabve of the United States
Ddpartment or Transportabon or Its operating administrations, the Stat, Oversight Agency of
Co lorado, or the Reg,onal Transporta tion District. to Inspect lhe facilitie ~ and records associated
with the implementahon or the drug and alcohol testing program as required under 49 CFR Pan 40
and 655 and review the test1ng process. The City ngrees further to certify annua"y Its compliance
with Part 40 and 655 before December 31st of every year and to subm it the Mar 1gement
'" Information System (MIS) reports no later than February15 of eve') year to the S, •stance Abuse
Testing Department. Regional Transportat,on District, 1600 Blake Stre;,I Denver, CO "'"'12 To
certify compliance, the City shall use the 'Substance Abuse Certlfie.J ' " In the 'Annual 1.,., or
Certifications and Assurances for Federal Transit Adm1nistrabon Gra d Cooperative
Agreements," which Is published annually In the Federal Register .
1: LIABILITY AND IMMUNITY
A -ne Part•es acree !ha: RTD shal have no l1ab1litv 10 tmrd parties arising out of l~i; operations or rr,anageme1t o(tne a-t service ;md lhe City shar. ~.ave no liability to thml part,es a1S1ng OU1 o' the • operations or manageme11 o' an) RTD services. B To the extent that there ,s or may in the future be insuranco coverage for the operations of the art the City and Its des,~na•ed agent (s) shall cause RTD and its officers and employees to be named as addit,onal 1nsu•ec. ;,n all insurance policies for any opera~ons of the art. C.W,tr.out waiving the pnv:'t•ges and 1mmunit1es conferred by lhe Colorado Governmental Immun ity Act, Section 2,.1 1, 1 et seq ., C.R.S .. each Party shall be responsible for any claims, demands or suits arising out Its own negligence. It is specifically understood and agreed that
nothing contained 1n this paragraph or elsewhere in this Agreement shall be construed as an
ex;iress or ,mphed waiver by RTD of its governmental immunity lncludlf19 hmitalions of amounts or
-pes of l1abllity or the governmental acceptance by RTD of liabilibes anslng as a result of actlOlls
v•.1;ch lie In tort or could lie In tort in excess of the habllllies allowable under the Colorado
Jovernmental Immunity Act, C.R.S. § 24-10-101 et seq .
13.NO LIMITATI ON ON RTD RIGHTS OR AUTHORITY . Nothing In this Agreement shall be
construed to limit RTD's right to establish routes or services Of perfonn any functions authonzed
by C.R.S . § 32-9-10i, el seq
14.NO THIRD-PARTY BE NEFICIARIES. The Part ies expressly agree that enforcemenl of the
tErms and conditions of th·r, Agfeement, and all rights of action relating to such enforcement, shall
be stricUy reserved to t11e Parties, and nothing contained In this Agreement shad give or allow any
such cli.im or right of action by any other or third person on such Agreements. mciuding but not
limited to subcontractors, subconsultants. and suppliers. The Parties expressly intend that any •
person other than the Parties who receives services or benefits under this Ag reement shall be
deemed to be an In cidenta l benefic iary only.
15.FINANCIAL OBLIGATI ONS SUBJECT TO APP RO PRIATIO N. This Agreement does not
contain any muttiple-fiscat year financial obligahons by either party that extend beyond Its current
fiscal year. The fin ancial obligations of each Party under this Agreement shall be subject to and
limited by the appropriation of sufficienl fu nds therefore by Its go~ernlng body. Funds for th is
agree ment have been budgeted, authorizec and appropriated by the RTD Board of Directors for
the 2010 fiscal year. Nothing herein obligates RTD to budget, authorize or appropriate funds for
any future fiscal year. To the extent pennltted by law, all of the operating costs or Iha art and
revenues, if applicable, of the art shall be treated by RTD as its "operating costs• and ,ts
"revenues collected" for purposes of compliance with C.R.S. § 32-9-119.7.
16 .STATU S OF PARTI ES .
A The City, or 11· designated agent. snail be solely responsible for hinng, supeMs1ng and
discharging the er:iploye~s or contractors who operate the art 3e~ce. The RTD shall have no
responsibility for. nor authority or control with respect to, the supervis,-,n and management of the
drivers and other emp loyees or con tractors who work In connection with the service.
B The PartJes agree that the stat!ls of ea ch Party shall be thal of an Independent contractor to the
other, and it is not intended, nor shall It be construed, that one Party or any olficer, er ,ployee,
agent or contractor of such Party is an employee, officer, agent, or representative of the other
Party. Nothing contained In the Ag reement or documents Incorpora ted by reference herein or
otherwise creates any partnership, Jo int venture , or other association or rr' •tionsh,p between RTD •
arid the City. Any approval. review, inspection, direction or Instruction uv RTD or any party on
bghalf of RTD shall '" no way affect either Part{s independent contractor status or obligation to
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perform in accordance witr this Agreement. Neither Party has authorization, exp ress or ,m phed, 10 bind the other lo any agreements. llablhl)', or underslandirig except as expressly set forth ,n this Agreement ,:.The Crty and/or Its designated agent(s) shall be responsible for all federal and state taxes and contributions for Social Security, unemployment Insurance. income withholding tax, and other taxes measured by wages paid to employees, as well as any subcontractor or vendor. The City acknowledges that It, its designated agenl{s) and/or Its or Its designated agent(s) employees are not entitled to workers' compensat,on benefils or unemployment Insurance benefits from RTD , unless the City or a third party provides such coverage , and that RTD does not pay for or otherwise provide such coverage. The City shall be solely responsible for its own actions, its
employees and agents.
17.LEGAL AUTHORITY. The City and RTD represent or warrant to each other that they have all
necessary au1hority to enter into this Agreemen' 3nd to perform their obligations hereunder and
that this Agreemert does not conmct with any other agreement that each Party is subject or to
which It may be bound. The person signing and executing this Agreement on beha~ of either
Party represents that he/she has been fully authorized to execute this Agreement and to validly
and legally bind a Party to all the terms, performances and provisions herein set forth. The Parties
shan have the right, at their option, to either temporarily suspend 'Jr permanently terminate this
Agree:nent, W there is a dispute as to the legal authority of either me other Party or the person
signing the Agrec11ent to enter into this Agreement. Neither Party shall be obligated to perlonn
any of the provisions of this Agret,ment after It has suspended or tennlnated this Agreement as
provided In this Paragraph .
18.NO ASSIGNMENT, Except as otherwise provided In the Agreement, neither party may assign
the Agreement and/or any of its rights and obligations hereunder without the written consent of the
other Party.
19.WRITTEN AMENDMENTS . This Agreement may be modified or amended only by a written
document duly executed by both parties.
20.NOTICES, Correspondence regarding this Agreement shar be sent to:
For the City:
City of Englewood
Community Development Department
1000 Englewood Parkway
Englewood, Colorado 80110
Attn: Harold Stitt
303. 762.2341
For the RTD
Reg10nal T ransportallon District
1600 Blake Street
Clflnver, Colorado 80202
Attn: Bruce Abel
303.299.2839
Th" addresses or contacts may be changed by the Parties by written notke .
21.ENTIRE AGREEMENT, The terms and provisions of this Agreement including but not hmlled to
the Rec1lals above and the Exhibit( s) or Attachments incorporated by reference herein. represent the
entire understanding of the parties with respect to the subject matter of this Agreement, and merge,
,ncocporate and supersede all prior commun ,caltons betwee n the City and qr o concernin g that su!>ject . No representations or warranties are made by the C1ty or RTD except as herein set forth • 22 WAIVER AND BREACH. The warver of any breach of a term hereof shaft not be construed as a wa,ver cf any other term. or the same term upon a subsequent breach . 23 GOVERNING LAW: VENUE. Each and every term. provision , condition, of this Agreement Is subject to the provisions of Colorado law. This Agreement is sub1ect to such modifications as may be required by changes in Colorado or federa l 'aw , or their implemenbng regulat10ns . Any such required modificat,on shall automatically be Incorporated into and be part of this Agreement on the effective date or such change as If fully set forth herein. Venue for any action arising hereunder shall be In the
D,stnct Courts for the State of Co1orado.
24 SE ~·1.:RAfllLITY. The Parties expressly agree that if any part, lerm, or provision or this Agreement
is b\ the r,uurts held to be Illegal or In conmct with any law of the State of Colorado, the validity of the
reme , ,ng portions or provislor s shall not be affected , and the rights and obligations of the Parties
shall be consL·u .f and enforced as if the Agreement did not contain the particular part, term, or
orovl~:on he! j tr. r~ invalid .
• ~ COU"ITERPAJ,TS . This Agreement shall be executed in two counterpMs each of which when so
ex•.:t e.: l ! delivered shall be an original, but all of which shall together constitute one and the
si..~e 1nsr ,-,,ent.
[THF. BALANCE OF TH IS PAGE IS INTENTIONALLY LEFT BLANK.) •
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WHEREFORE the Part,," have enlered mlo th,s Agreement as of the date firsl set forth above.
REGIONAL TRANSPO RTATION DISTRI CT
By: _______ _
Phillip A. Washlnglon
lnlerim General Manager
Regional Transportation District
Approved as to legal form :
Regional T ransportatlon 01s tricl
Jenifer Ross-Amato
Associate General Counsel
CITY OF ENGLEWOOD
By: ___________ _
James K. Woodward
Mayor
City of Englewood
ATTEST :
Loucrishia A. Ems
City Clerk
• Exhib,tA art SeMce Descnplion Soan QI Se"llli.e Weekday• 6 30 AM-6:30 PM Saturday• No serw:e provided Sunday-No service prow:led
Holidays• No serv1ce provided
§erv,ce Fre911~~:
Weekday every 15 minutes
Saturday• Nol Applicable
Sunday• Nol Applicable
Holidays• Nol Applicable
Annual R~v~nug HQurs ;
Weekday-6,168
Saturday• Nol Apphcab le
Sunday-Nol Applicable • Holidays-Not Aopllcable
Tutal 6,168
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Exh1b11 B Summary of Anbc,pated Operating Costs and Revenues Expense-Januar, 2010 -December 31 2010 art operating hours expense-6168 hours@ 43 07 per hour art fuel expenses Expense
Eslimated Farebox Revenue-January 2009 -December 2009
Passenger fares based on October 2009
survey
Total Revenue
S 265,656 ~ $ 299,620
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$ 84,107
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ORDINANCE NO. SERIES OF 2009 BY AUTHORITY COUNC LL Blll NO . SI INTRODL'CEO BY COL'NCLL MEMBER \\'ILSO~ AK ORDINANCE AUTHORIZING A "LICENSE-Cm• DITCH CROSS ING AGREEMENT". AND A "TEMP(IRARY CONSTRUCTION EASEMENT" SOUTH SUBURBAN PARK AND RECREATION DISTRICT FOR THE INSTALLATION OF TWO WATER LINES CROSS LNG
VNDER ENGLEWOOD'S CITY DITCH RIGHT-OF-WAY AT THE APPROXIMATE
LOCATION OF 5000 SOUTH WINDERMERE.
WJ:,.'l.' J.•,, South Suburban Park and Recreation District submiucd a License.City Ditch
Crossu,a Awccment anJ a T cmp<>rary Construcuon Eascn:mt to the Cn y; and
WHEREAS, the license Agreement and the Temporary Constructi on Easement will allow
South Suburban to install a 2" diameter sleeve for a I ½"waterline and a 6" diameter sl=c for a
4" water line under Englewood 's City Ditch Right-of-Way at the approximate location of SOOO
South Windermere .Cornerstone Parlt: and
WHEREAS. Soulh Suburban will be installing a 2" diameter slCt"Ve for a I 112" water line
which will pro,1dc po1able water for the restrooms: and
WHEREAS, South Suburban will be insulling a 6" diameter sleeve for a 4" water line for
irrigating South Suburban's ball fields; and
WHEREAS. the Englewood Wa ter and Sewer Board recommended approval of the "licensc-
City Ditch Crossing Agreement". and a "Temporary Construction Easernct1t" to South Suburban
Park and Recreation Distnct at their Scpternboer 8. 2009. meeting:
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF TH E CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS:
~. The license.City Ditch Crossing Agreement , attached hereto as "Exhibit A." is
hereby appro,·cd by the Englewood Cit)' Co1111cil .
~. The Temporary Construction Easement. auoched hereto as "Exhibit B'' is hereby
approved by the Englewood City Council .
~. The O1rec1or of Utilities 1s hereby authoriud 10 execute the L1censc-Ci1y Ditch
Crossing Agreement and 1hc Temporary Construc ti on Easement for and on behalf of the City of
En~lcwood. Colorado.
Introduced. read ,n full. and passed on first reading on the 7th day ofOccembcr. 2009 .
Pubhshod as a Bill for an Ordinance in 1he City's official nc,,•spaper on the I Ith day of
December. 2009 .
9 bi
Pubhshed as a Bill for an Ord111.1nce on the Cuy" s offocial website beginning on the 9• day or • December. 2009 forthtny (30) days. Read by tnle and passed on final ~ding on the list day of December. 1009. Published b) lltlc tn lhc City's official newspaper as Onlinance l\o. _. Series of 1009, on lhc 1Slh da~ of Dccanbcr. 2009. Published by title on the Cuy·s official "'cbsitc bcg:nning on lhe 13'" day of December, 2009 for thiny (30) days.
James K. Woodward. Ma)'Or
ATTEST:
Loucrishia A. Ellis. City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hercb)• cenify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No._, Series of 2009.
Loucrishia A. Ellis •
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LICE.t\S£-CIT\' DITCH CROS l'.'iG AGRCEME'.'\T THIS LICENSE AGR.EEMEl\"T. made and entered into as of this ~OOQ b) ,nd between the City of Englewood. a munic1p.il corpoution of the State of Colorado, herein referred to as "City"; and South Suburban Park and Recreation District. herein referrcc to as "Licensee," V.1TNESSETH: The City, without any warranty of ilS title or interest whatsoever. hereb) autho1izes Lice ... , i15 successor and/or sssigns, 10 install a 2-inch diameter sleeve with
a l 1n-i11C:, w,._, :ir.c; and a 6-i nch diameter sleeve with a 4-inch water line (referred to herein
as "Wblt rlim.s"1 r-,.:r the City'srighlS of-way for the Ciry Ditch, described as a parcel of land
situated in •.he
South Ea~t' • of Section 9, Township 5 South, Range 68 West, oftbe 6111 P.M.,
County<,~·• Jpahoe, SUlte of Colorado. See attached legal description
(Fxhibi! it;.
The above-describr J parcel contains 16.5 acres, more or less.
I • A.n) construction contemplated or perforTDed under this License shall comply
with and conform to standards formulated by the Director of Utilities of the City;
and such construction shaU be performed and completed according 10 the plans,
conq1stin~ of two sheets, a copy of which is attached hereto (Exhibit A) and made
a part hereof.
2. The Licensee shall notify the City's Director of Utilities at least three (3) days
prior to time of commencement of the construction of, or any repairs made to,
Licensee's Waterlines, so that the City may, in its discretion. inspect such
operations.
3. Within thirty (3) days from the date of commencement of construction of said
Waterlines, the Licensee shall complete such construction, place and maintain
perroancnt, visible mlll'kers, of a type and at such locations as designated by the
City's Director of Utilities, referring to the centerline of the installation; and shall
clear the crossing area of all 'COnstruction debris and restore the Brei' 10 ilS
previous condition as ne: I as ma)' be reasonable. In the event the installation of
the centerl ine markers and the clearing and restoration of the crossing area is not
completed within the time specified, the City muy complete the work al the sole
expense of the Licensee.
4. The City shall ha,e the right to mnmtain, install, repair, remove, or relocate the
City Ditch or any other ofits facilities or installations within the City's righlS-of•
way, at any time and in such manner as the City deems necessary or convenient.
The City reserves the exclusive right to control all easements and installations. In
the event the Waterlines should interfere with any future use of the City's rights·
of-wa; by the City, the Licensee shall, upon request and at its sole expense,
relocate, rearrange, or remove its installations so as not to interfere with any such
use.
Pase t/3
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5. An) repair or re;,lncement of an) Cit)' install au on madt necessary, m the , ,mon of the City 's Director of Uti lities because c, • the construction of the Waterlines or other appunenam installation thereof, shall be made at the sole expense of the Licensee. 6. The stipulation and conditions of this License are to be incorporated into any contract documents with any third pany contracto rs . 7. The rights and privileges granted in this License shall be subj~t to prior agreements, licenses, and/or grams, recorded or unrecorded. and it sh.ill be the Licensee 's sole responsibility to determine the existence of said documents or
conflicting uses or installations.
8. The Licensee shall contact and fully cooperate with the City's persoMel and th e
construction shal l be completed without interference with any lawful, usual, or
ordinary flow of \\'Bter through the City Ditch. Licensee shall assume all risks
incident to the possible presence of such waters, or of storm waters, or of surface
waters in the City Ditch.
9. All trenches or holes ",thin the City's rights-of-way shall be backfilled and
llllTlped to the original ground line in layers not to exceed 6 inches loose measure
to a compaction of ninety percent (90%) Standard Proctor Maximum De11S ity.
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10. As between the City and Licensee , Licensee by accep1anc, · \his License,
expressly assumes full and strict liability for any and all dam'ljles of every nature
10 person or proper:y caused by water from the ditch leakin~ !\rough the ditch
banks or pipeline at the point or points where the Licensee pc.rforms any work in •
connection with the crossing provided by this Licensee. The Licensee assumes all
responsibilicy for maintenance of the installation.
11 . ' icensec shall indemnify and save harmless the Cicy, its officers and employees,
against any and all claims, damages, actions, or causes of action, and expenses to
which it or they may be subjected by reason of said Waterlines.
12. It is expressly agreed that in case ofl icc1isee's breach of any of the within
promises, the City may, al its opti~n, have specific performance thereof, or sue fa ~
damages resulting from s1Jch breach.
13. Upon abandonment of any right or privilege herein grw11ed, the right of Licensee
10 that extent shall terminate, but its obligation to indemnify and save harmless
the City, its officers and employees, shall not terminate in any event.
In graming the above authorization , the City reserve the risht to make full use of the propeny
involved as may be necessary or convenient in the operation of the water works plant and
system under the control of the Cicy.
(The rest of this page is left blank deliberately.)
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_,;e~s:--.:.,i, :i1ttl Crcw::::;g Agrccm-:..r.: • fl\ V,'ITNESS WHEREOF this instrumer,t has beer, exe-:uted as o: tli e day an d year first above wrinon.
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CJTY OF ENGLEWOOD By: '":>t.w,ad;J4. ;,J-w-.it:---= Stewart H. Fonda, Director ofUtil:ucs
, Chairman
The undersigned officer of Licensee has rCJd the foregoing Liccns~ and agree~ for on behalf
of said Licensee that it will accepl and will abide by nil the terms and conditions thereof.
LICENSEE: South Suburban Park and !tecreati on District
By: /J_j {g~
Name, Title:
Address: 6631 South University Boulevard, Centennial, CO 80121-2913
Tel.303n98-5131
STATEOr-COLOR~DO ) ~· COUNTY OF ARAPAHOE )
The foregoing Agreement was acknowledged before me this2{,L,..__. day of 4'~ ,20~.by ~,,'t/A l.N~/lz....__as
~-c"'-+<°t.A? ?::?,,c.ck,✓ of South Suburban Park and Recreation District.
WttnCSS/IY hand and offi cial seal.
1· r
,1 ~ 7-" ;,✓lh•4v{ %~1nry Public ?
C .. . A,_ n't 15 dJ/o My omm1ss1on cxp1rcfl1 ____ ~----
BC/d1
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PlS 22571 1992
CITY OF £NGL£WOOO,
ARAPAHO[ COUNTY, COLORADO
EXHIBIT A
SHEET 1 OF 2
~~~~\:~~RftENT OWNER: SSPRD
INTENOEO ONlY TO DEPICT THE
ATTACHED DESCRIPHON .
SOUTH SIJBURBAN PARKS ANO RECREATION DISTRICT -CALC. AVV CATE: 06 17 09
OR"'N · A'!)/ COW..,IT HO
JOB NO 09117-129.1
OWG. NAM(: Wottr Too SHEE1 I Of 2
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' S£CTION 9
"' ~ ,n ~ "' T.5S.,R.6811'.
:., :., :., CI TY or [NGL ,WOOD, .. g "' ~ "' ARAPAHO£ COUNTY, "' "' "' COLORADO
CONTINUATION Of
£XHIBIT A
SHEET 2 Of 2
~&{J!.m NOTE THIS DOES NOT REPRESENT OWNER: SSPRD A MONUMENTED SURVEY. IT IS
tl/JJ SO.I"' l'Nk.C!f MM/I., SUIT( 1(11 INTENDED ONLY TO DEPICT THE
~A,fJif',\ ctl IOIJ, .. J ,111 (JDJ) 1 ,1 .. fOI ~TTM:HEO OCSCRIPTION
~I 1TH C:l 1811 RflAN PAR KS AN!) .RECREATIO N DISTRICT-CALC: AVV I DATE.:. _08/1 !/_09 _
OKWN: AVV -0~1.<ll -!sO.
I JOB NO 09137•129.1 I
I I owe. tu,~ap I SH£tl 2 or 2
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T EM PO!l<\RY C ONS TR UCTI O~ EASE M ENT THIS TEMPORARY CONSTRUCTION EASEME!\'T (the Temporary Easement, made and interested into as of this_____ • 2009. by and between the CjtyofEnglewood .a municipal corporation of the State of Colorado. acting through its Water and Sewer Boar<! ("Grantor''), and South Suburhan Park and Recreation District ("Grantee"). WHEREAS Grantor owns a right-of-way for the City Ditch, a carrier, itch ("City Ditch ROW"), which is located as describ~d on Exhibit A; and
WHEREAS Grantee desires 10 install Waterlines within the City Ditch ROW pursuant IO
a License between the parties executed _______ • 2009;
NOW THEREFORE, In consideration of the mutual covenants of the parties, more
particularly hereinafter set forth, lhe adequacy and sufficiency of which are hereby
acknowledged, it is agreed as follows:
2 .
3.
4.
G.
Temporary Constroction Easement C-rantor hereby grants to Grantee, its
successors, assigns, contractors, and sub-contractors, a non-exclusive temporary
construction easement through, over, under, and across the City Ditch ROW for
lhe installation of Waterlines pursuant to the License Agreement (the "Projectl
Tenn of Easement. The Project wiU begin no sooner than November 2009 and
will be completed no later than March 20)0 , Comp letion of the Project will be
deemed to have occurred upon inspection and approval of the Project by Grantor.
and this Temporary Easement will be deemed to have terminated upon such
completion.
Access. Gra.1tee shall have the temporary non-exclusive right to enter the City
Ditch ROW for any reasonable purpose necessary or prudent for the construction
of the Project subject lo the follow ing restrictions: 1) Normal working hours shall
be consistent with CDOT conslrllction hours, Monday through Friday; and 2) l ,1e
operation of ·he equipment and heavy lrllcks will be permitted on the Englewood
City Ditch ROW only during nonnnl working hours.
Restoration. Upon completion oflhe Project, Grantee will pcrfonn such
restoration and rcgrndins as is necessary or prudent to restore tlie surface of the
City Ditch ROW lo its original condition.
lndemnifica1jon. Grantee, lo the extent permincd by the laws and constitution of
the Slate of Colorado, hereby agrees to be liable and hold bannless the City of
Englewood, its employees. tenants. and gue,ls from any and all claims. causes of
action. and liability which may occur os a result of the negligent or wrongful acts
of Grantee in the construction of the Project, including the cost of defending
against such i;Jaims.
Liability. Grantee hereby acknowledges that it understands that there is warer
flow in U1e City Ditch from April 1 lo November I of each year. and Gran tee wi ll
a.ssnmr lia1'ili1i• fer 'lll-)' e:unagc 10 adjoinins property cau,t:<l by water lfow
Page 1/J
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1 crapor.tt') i: un!l:uc.upn FnscnHau ~ Grom~ .~all maintain in full force and effect a \'alid polic) of insurance for the Project m lhe amount of $600,000 propen} coverage and • $600,000 liability covera£e, Grantee funher agrees thnt all its employees 8. contractors. and sub-contractors working on the ProJect shall be co,·crcd by adcqua1c Workers Compensa1ion insurance. Assinnmcm. This Temporary Lonstruction Easemcn1 is assignable only wilh lhe "'Tincn permission of the City of Englewood, which pcnnission will not be unrea.sonabl) "~thheld, conditioned, or delayed.
It, sn,1•ing the above au1horization, City reserves the right to make full use oft.he propeny
involved .~maybe necessary or convenient in lhe operation of 1.he water works plan! and
system under control of the City,
(The rest of !his page is left bla.ik oelibcrately.)
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IS \\'l'NESS WIIEREOf 1hc pw11cs hereto hal'c executed this r empor:il") Construcu, Ea~cment on the dntc and day first wr· tten above . CIT\' OF ENGLEW()(\n <;r~t~=---stcwart H. Fonda. Director of Utilities ENGLEWOOD \\' ATER AND SE\\'ER BOARD
By: ~~1/Q A--f----,-----? ,Chainnan
The undersigned officer of Grantee has read the foregoing Temporary Construction
Easement and agrees for on behalf of said Grantee that it will accept and will abide by all the
terms and conditions thereof.
GRANTEE: South Suburban Park and Recreation District
By: fJ-da~
Name, Title:
Address: 6631 South Univer,ity Boulevard, Centennial, CO 80121•2913
Tel.303n98-5131
ST A TE OF C,1LORAD0 ) ,..
COUNTY OF ARAPAHOE )
The foregoing Agreement was acknowl~ bcf~re me this-~ day of
,J..c':j,t..,,,1t ,20L'.L, b. .b,(u,icl /l L?[.,//1--, as
f.&~ .... rr. ~,e D/c cto r of
South Suburban Park ar.d Recreation District.
Witn~ss my hand and official seal.
t./J'--_ ' /J~~J
Notary Public 7
My Comr.:i:1ion •~pi res~ fJOl'I. j /. 5 l t'/_c: ____ _
BC/dl
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TIE TO e• PVC SLEEVE
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CITY OF [NGffWOOO,
AR.APAHO[ COUNTY, COLORADO
£XHIBIT A
SHEET 1 OF 2
~573TI?S NOTE, THIS 00£S NOT REPRESEW.
~ j -A MONUMENTED SUR\l(Y IT IS
tllSJ ...,., ,_o, ,C:. ~,,.,.. INTENDED ONcY TO OEl'ICT THE
,,~~~JJ..'~'.:''~ ---ATTACH~O o;c~tPTION. ~-cAlC~ AVV O.t.TE : oa 17 09
SOUTH SUBURB AN PARKS AND RECREATIO N DISTRICT ORWN: ~YI COMMIT, NC.
OWNER: SSPRD
1--------------..-------~·oe NO. 091l7-l29.1
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CXHIBIT
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INTENOCD ONLY TO 1l£1'1CT THE
ATTACHED DESCRI 0
SOUTH SUBURBAN PARKS ANO RECREATION DISTRICT LC: AW
DRWN: AVV
DATE: 08 17 09
COMMIT. NO.
JOB HO. 09tj7-129.I
OWC. NAM(: Woler Top
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ORDINANCE NO. SERIES OF 2009 BY AUTHORITY COUNCIL BILL NO. 54 INTRODUCED BY COUNCLL MEMBER WILSON AN ORDINANCE AUTllORlZING A WASTE\\'A TER CONNECTOR'S AGREEMENT Bl:TWEEN CHERRY HILLS HEIGHTS WATER AND SAN!T ATION DJSTRJCT AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Cny oi Englewood o"m and 0J>fflllCS a sewage system. including a sewage
1reaunen1 plan! which is joimly owned and opera1cd by the Cily of Li11le1on known as lhe UE
Was1ewater Trca1ment Plant (WWTP): and
WHEREAS. lhc lJE WWTP pr.l,1dcs :.anitary sewer service to districts outside oflhe
Englewood corporate bowidanes through the standard connector's agreement: and
WHEREAS, lhc Cherry Hills Heights Water and Sanitation District desires to utilize lhe UE
WWTP for treatmcnl of !he District's SC"'llge; and
WHEREAS, the Chen-y Hill s Heights Water and Sanitation District encompasses approximately
42 acres having 23 taps; and
WHEREAS, !he WWTP is situated physically as to be able to receive and treat !he sewage
from a designa1ed area served by 1he Cherry Hills Heights Wa1er and Sanitation [)is1ric1 and
galhered by the District· s sanitary sewage system; and
WHEREAS, Cherry Hills Heights Water and Sarutation District "ill continue to own the lines
and will be responsible for capi:al improvements in ils system: and
WHEREAS, !he Englewood Water and Sewer Board reviewed and r.xommended approval of
lhe Cherry Hill s Heights Water and Sanitation District Wastewater Connector's A(ll'ccment at their
Oc1ober 13, 2009 mcc1ing; and
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The Agreement be1ween the Ci1y of Enslewood and Cherry Hills Heights Water
and Sanitation District colltled "WastC\\'atcr Connector's Agreement" is hereby approved, a copy
is attached hcre111 as Attachment I .
~-The Mayor is au1horizcd to execute and City Clerk 10 attest and seal lhe
"WastC\\·a:er Connector's A(ll'CffllCllt", for and on behalf of !he EnglC\\-ood Cny Council.
Introduced. read in full. nnd passed on lirs1 reading on !he 71h day of December. 2009.
Published as a Bill for an Ordinance in the City's official IIC\\'Splp,:r on the 11 • day of December,
2009.
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Published as a Bill for an Ordinance on the City's official website bcl]iMing ~n the 9~ day of • December. 1009 for th1ny (30) days . Read by title and passed on final reading on the 11 st day of December. 2009. Published by title in the Ci1y·s official newspaper .u Ordinance No._. Scncs of1009, on the 15th dar of December. 2009. Pubhshed by title on the City 's official website beginning on the 23'" day of
December. 2009 for thiny (30) days .
James K. Woodward. Mayor
ATTEST.
Loucrishia A. Ellis. City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado. hereby ccnify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
ti tle as Ordinance No.__, Series of 2009.
Loucrishia A. Ellis •
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WASTE\\ATCR C0t-.1''ECT0R'S AGREEM8''1 For D1stnc1,s Sewer Contract No. ___ _ nns AGREEMENT, made and entered into tlus ____ day of ---------~ 20_ 10 he effective as of , 20 _; by and
between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation. hereinafter
referred to 8$ "Cit)," acting by and through its duly elected, qutlaficd and authorized Mayor and
CnyOc,k, anl CHERRY HILLS HEIGHTS WATER AND SANITATION DISTRICT, aqll4Si•
municipal corporation and pohtical subdivision of the State of Colorado, hereinafter called
''District," acting by and through its authorized Representative.
WI1NESSETH
\\IHEREAS, the Cny owns and operat<:s a sewaec l)ISlcm, mcluding a sewage uuuncnt plant
which is jointly owned a,.J operated with the City ofLinlelon, so situated physically as to be
able to receive and treat the sewage from a designated area served by the District and gnlbered by
the District's sanitary-sewage system; and
WHEREAS, it is the o'eSire of the District to utili2C the facilities owned by the Ctty for the
treain=t of sewage and the Cny is willing to st-ve the District for treatment of sewa,.e under
certain conditions;
NOW, THEREFORE, lN CONSIDERATION of the promises and for other good and
,·aluable consideration bcreinllflcr set forth. it is mutually agreed by the parties as follows:
I . Toe Cny hereby agrees under the • ondltions hereinafter set forth. to .reat the •ewage
onginaung from the District's sarutary sewer system \lttbin the nrea served b, the
District as approved by the City and as indicated i .. the description attached hereto,
mcorporated herein and marked as "Exhibit A"
The District specifically agrees to prevent sewage from any area other than that
described herein, from being discharged mto the District·s sanitary sev age $)'$1cm
COMected lo the City's trunk line and 10 prevent coMeetions to the system from or in
any area other than those described herein.
1. In the operation of the Distnct's sanitary s.-wei $)'$tern, the D,stnct agrees thtll all
applicable Code provmons and r.ilcs and rcgJlations of tho r1:y, including amendments
thereto dunng the term of the contract, shdll be the mirumum tandords for the District's
system. TI,c District further ngrees t0 abide by all applicable ,•t~te and federa l lows,
rules, regulations, or pcnnits, including those of the Enviroru, ·,tal Protection Agency
(the EPA) as they become effective or 1mplemented or upon :.r,:1 • from the Cuy. Toe
District shall inform all users, contractors and subcontractors of su,:b standlrds, rules and
regulation. upon inquiry from such persons, and shaU not furnish an1 information
inconsistent therewith. In this re it shall be the r · '
ernmg o y. TI1e City shall
att~pt to maintain 1111d provide in!ormouon on all requirements lo the District, however,
T A H !1 l
the Cny does not guaramce the accu racy or oomrlc,encss of io0vcrnment regulauons other than the City's own regulations 3. Regarding the provision of sewer service, theCi1y·s pemumng requirements snail be followed by the Distrie1 and its USM. All sewer pl ,, spcr 'fications and methods of woric ,.;thln L~e District shall be submitted 10 the Cny m wming and epproved by Cny prior to any COllSll'Uctiou or tnp m the O,rofol's designited area. No pemut shall be fuw and no service shall be provided to property until construction 1s approved, m ,, nt111g by
the City.
4. The District shall be responsible for the proper maintenance of its sewer system and shall
rectify any problems or conditions which have been dctennined by the Disufot er City to
be detrimenlAI to City's ueaunent process or systan. Should the City deicnnine that any
discharge enters the sewer system corura,y to applicable I•""' ordinances, swutes, rules,
regulations or permits, lb, Dislrict ag, ees to proceed at once to take whatever lawful
means moy be ncce&Wy to rectify any such problem or condition.
.~. City shall have lbe right to allocate servic., oncer this Contract, and City may deny
additional service for any utility-rel:a.ted · ~an, but in DO event will City tenninate or
refuse any aervice without cause. City ah.tll have lbe right to diJcoD!lect service to any
area annexed to the District when such anr:xarioo takes place without prior writlCD City
approval.
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Within one year ofthis agreement, the District shall provide City with an estimate of the •
number of equivalent service taps needed for the next five (S) years under current zoning
and planned build out in the Oistric1'1 area os shown OD Exlubit A. The 01,trict shall
monitor zoning changes within its UQ to estimate i•, tap requmments and provide City
with notice of tap requirement for the next five (5) year period of time in a form
satisfacto,y to the City. Notice of these requirements lhaU be given City on each
wnivcrsary date of this Awecment.
6. City ,nay impose nnd collect rcasonn~le fees, tolls nnd ch111ges, wWch shall ?le uniform
as 10 all outside-City users for the ser1iccs provided by the City uoder this Connector's
~t.
City shall bill the District users dire,ctly for all aprhcablc City charges for services
rendered under this Agreeme111. Soould any user nol pay C11),, City shall bill the District
and the District shall pay the amount .iue to City within forty-five (45) days of such
billing. These charges arc suojecl 10 adjustment by the City from time .v ume. When
such adjustment lo lbese charges arc made, Citv shnll give the Disuict forty-live 145)
cays advance wntten notice.
7. Subject IO the terms of the Taxpaye:'s Bill ofRighli (TABOR), the tenn of this
Agreement is for a period of three (3) years from fo e date of execution and awomr.ucally
renewed for six (6) subsequent llvce (3) year periods unlcu either party gives a
mmitnum of rix (6) months written notice, during which time the District agrees thnt cll
effluent produced from taps within the JJistrict shall not be in violation cf any federal,
or the penniu under which the City operates its sewage ucatmcnt system. City ai:rees, •
dunng lbe term hertof, to treat Aid effluent and 10 nuuntain ■deq>Jate facihties for
treating the same.
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8. Tho District agrees that it will maintain, at its own eitpense, all lines now owned and operated by the District, it being specifically agreed that City assumes no responsibility should any of the Disttict 's lines become clogged, damaged, or require maintenance, The District shall, if it deems necessary, notify its usera of the District '1 procedure to remedy 1ervice disruption.
9. The City is providing only sewage 1reatmenl 1erviceand, pursuant thereto, permits
incidental to the use of the City's S""'8ge lines shall be governed only by this individual
CoJllRct with the District and the City docs not, by lhil Conb:3ct, offer treab:Dent service
except in strict accordanc:.e with the tmns hereof. Thia Contract does oot offer, and sball
oot be CODSll'Ued as offering, sewage =tmenl service 10 the public generally or to any
area oullide the limita of the
Distric1'1 service area deacribed in Exhibit A.
10. Thia Contract may DOt be assi11Ded. sold or transferred by the District without the City's
written consent.
11. Should any federal law, nile, permit or regulation or should a decree or order of a court
render void or unenforcuble 111y provilion of tblJ Contract, in whole or in part, the
l=aindt:r sball remain in full force mid effect .
12. The District shall enforce this Agrec:mcnt and each of its tmns and CODditions within the
area dcscn'bed in "Exhl'bi.t A." The District aha!! n,fuse to 1c:rve a user or potcotial uaer;
~eel the service of any user pursuant to appropriate law; or take other appropriate
action in the event of:
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a. Nonpayment of such user of any charge made by City for sr.rviccs;
b. An) viol&ion or noncompliance hy such user with the terms of this Agreement;
c. Violation or noncoxnpliaoce by such user with the applicabl~ laws, rules, peanits
or regulations ,,f the City, the United States govermncnt, inoludlng the EPA. the
State of Colorado, including !he Department of Health, or other law, Nie, permit or
applicable regulation.
Continued breach of this Agreemait by the District and/or its users shall bil considered
cause for tho City to terminate this Agreement. Should the District fail to promptly
n,etify a breach of any provisions idenlified herein, after notico thereof, City m1y take
tuch steps and do such work III ii deems necessary to eof~r. this Agreement, including
litig,.tlon and specifically a right to injunction or specific performance against the
District or any ofits users RS is oocessary to prottct the Cily's system and operation.s.
The prevailing party aballl be cntiUed to expenses and cosll of IUit, including attorney
fees.
CODDecltd to a aewer line, all diaaicll on the sewer line
who are in breach of this Agreement shall be jointly and sevc:rally liable for any such
bn:ach of this AlfCClllClll and each such district sbllll Immediately, after noUce, rectify
aoy problem or condition detrimental 10 the b:eatmcnl process arising within its legal
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boumlancs. When more than one d1stna 1s connected to a ,:ewer hnc, and the Cm· • discovers any ,•iolat1on of the tcnns of this connector's agre-.rnent; 1.he City shall ~ot be required 1.0 prove which distri~I is &t fault but shall make available lo all such affected districts a11 infomiati,, developed or accumulated by City penaining to such breach. Nothing contained herc,n shall preclude a claim for indemnity or contribution by any District against another District connected to a common sewer line . CRS-13-21-11.5 shall govern the pcrccn1.age of liability of any district on a common sewer line in the event the City seeks to impose liabi lily based upon negligence or fault.
15. This Contract shall OOI be used IS a legal defense or prolubition to the mandatory
consolidation of facilities by either party IS may be required by the laws of the State of
Colorado of all existing sewer collection systems and facilities to a governmental entity
created to assume respomibility for sewer set'iice in the area in which both City and
Stale are a part under sta.1111ory or constitutional alllbocity.
Cin' OF ENGLEWOOD, COLORADO
James K. Woodward, Mayor
ATTEST:
Loucrishia A Ellis, City Clerk
CHERRY HILLS HElGIITS WATER AND SEWER DISTRJCT
STATE OF COLORADO
COUNIY OF ____ _
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The foregoing instrument was aclcnowledged before me this_ dsy of ____ ~ 200_, by ___________ _
Witness my hand and official seal.
My Commission expires: ____ _
NOTARY PUBLIC
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Exhihil A Lega l Descrip tion Chern' Hill~ Heights Wn1er and Sanitation Di strict. All of th e area within the Re-Subdiv ision of Subdivision "A," Cherry Hills Heights, as recorded upon the public records of Arapa l-io e County, Colorado on th e 28'h
day of April, 194 J in Town Plat Book No. 6 at Page 8, Receptio n No. 278630 , together
with 1he follow in g two parcels ofland identified herein as Parcel No. 1 and Parcel No. 2
re spec tivel y, and both being adjacent to the easterly line of Lot 3, Block 6, Re-
Subdivision of Subdivision "A," Cherry Hills Heights, Arapahoe County, Color ado:
Parcel No. I: Beginning at the point of intersection of Lots 1, 2 and 3, Bl ock 6,
Resubdivision of Subdivision "A," Cherry Hills Heights, southeasterly along the west
line of Lot 3, Block 6 of said Subdivision to the southwest corner of Lot 3; thence
easterly along the south line of the said Lo1 3, to the southeast comer of said Lat 3, the
Point of Beginning, then easterly along the arc of a curve the radius of which is 1222 feet
and the chord of which is 168.5 feet in length , the bearing for said cho rd being 84°, 29"E ;
thence north 15°00'E, 140 feet; thence westerly on a line towards the intersection of
Lots I, 2 and 3 of said Block 6 to the intersection of said line with the easterly boundary
of Lot 3; thence southeasterly along the east boundary line of said Lot 3 to the Point of
Beginning, Block 6, a part of the southeast southwest, Section 36, Township 4 South,
Range 68 West, 6'h Principal Meridian, County of Arapahoe, Colorado, also known as
part of2703 E. Floyd Avenue, En glewood, Colorado 801 JO.
Parcel No . 2: Beginning at the northeast comer of Lo t 3, Blo ck 6, Resubdivision
of Subdiv ision "A," Cherry Hills Heights, thence east 172 feet; thence south J 5°E I l 0
feet; thence westerly along a line towards the intersectio n ofLots 1, 2 and 3 of said
Bloc k 6 to a point on the easterly line of said Block 3; thence northwes terly along the
easterly line ofsaid Lot 3 t to the Po int ofBeginning, a part of the south east of the
southwest one-quarter of Section 36, Township 4 South, Ran ge 68 West of the 611'
Prinicipal Meridian , Arapahoe County, Colorado , also known ns e part of270 1 E. Floyd
Avenue, Englewood, Colorado 80110 .
The abo 1•e descri bed area is depic ted on a map which is att 1ched hereto as Page 2
of this Exhib it A and in corporated herein by this reference .
\00 161<62.00C II
EX!l."BI'l' A
• COUNCIL COMMUN ICATION Date: Agenda Item: I Subject: December 21, 2009 9 c I Contract 1or Transit Shuttle Sef\ ,ces In itiated By: Staff Source: Community Developmen t Departr11ent Harold J. Stitt. Senior Planner
PR EVIO US CO UNCIL ACTION
Council approved by Ordinance 50, Series of 2004, an Intergovernmental Agreement (IGA)
between the City of Englewood and the Regional Transpo rtation District (RTD) for fund ing of the
Englewood Circulator Shuttle for 2004-2007. Council app,oved by Ordinance 66, Series of 2007,
an Intergovernmental Agre em ent (IGA) betwee n the City of Englewood and the Regional
Transportation District (RTD) for funding of the Englewood Circulator Shuttle fo r the fourth quarte r
oi 2007. Council approved, by Motion, In August 2004 a contract for transit services with Laidlaw
Transi t Sef\ices and subsequently e>Ctended this contract by Resolution No. 87, Series of 2005,
Resolution No. 77, Series of 2006. by Motion approved on December 3, 2007, by Motion on
March 3, 2008 and by motion on April 6, 2009.
• RECOMM ENDED ACTION
Staff recommends Couno1 approve, by mobon, an agreement between the Ci ty of Engl ewood and
MV Public Transportation, Inc. for 2010 management. operation, and maintenance of the art Shutde
in the amount of $262,633.
BAC KGROUND AND ANALYSIS
After five years of art shuttle sef\ice, the Community De, elopment Department reissued a Request
for Proposals (RFP) for ma nagement. operation, and maintenance of the shuttle. The RFP w.u sent
to six vendors: First Transit. Veolia, Special Transit, Coach USA, Global Transportation, and MV
Public Tr ,t1spo:tation. B\' the October 5, 2009 response deadline, two vendors submitted
propos,.ls. First T,anslt, the current shuttle ope rator, and MV Public Transportation. Community
Devebp•nent and RTD staff, after re, iewing the proposals, recommend that the contract for art
shuti,e r ,anagement. operation, and maintenance be awarded to MV Public Transportation. MV
Pub,ic, ransporta•,on's proposal offered lower operational costs and a higher quality of service .
Th,1 contract wi'I pro\lde for all vehicles and operational com ponents of th e art Shuttle for ~alendar
year ~O 10. fuf I will be supplied l,y the Oty with retmbursement by RTD.
FIN ANCIAL IMPACT ---------Tili) co11 t:~,ct is for the opd dllbii bl Ji t Sliutd@i@fVfces in the amount of S26~.633. RrO w~II
relml,u ,r the City the contract and fuel costs less rhe lost fare amount. The lost fair amount is
~qui, •, ,. to the fare capture ra1e times the percentage 01 riders that "ould not ha, e had a RTD
pass or a transfer from another RTD se,vlce, had the art opera ted as a fare sen ice charging the • standard RTO tull fare . The lost fare amount for 2009 was $70,713 and for 2010 will be $84,106.99. This is an Increase of appro imately S 14 ,000 and 1s due to the increased total ridership and slighdy lower percentage of pass or transfer holding riders. This lost fare amount is Included in the appro-ed 2010 Community Oe>elopment Oepamnent budget The contract continues the same le\lel of sen-Ice operating Monday through Frida\, 6:30 am to 6:30 pm at no cost to riders . ATTACHMENTS
Transit Shuttle Sen•kes Operations Contract
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Tran si t S huttle Se rvices Operations Co ntrncl nu, Comr.,c1 1s mudl' nnd cmercd 11110 ns of 1hc __ day of ______ . 2009. ~) ond bc1wccn the Ci1y of Englcwo11d. a Colorado Municipal Corporation (C 11 y). and MV Public Trnnsponauon !nc. a Cahfomrn Corporn11on whose address 1> :1(,0 Campus Lane. Suuc WI, Fairfield. CA 4~434. (M\') WIIEREAS. The purpose of1!11s comract is 101mplcmc1111•annus 1ransponntinn scn1ccs and 1mp1ovcmen1s 10 reduce dl'J>Cndcncy on the single occupant uulomohile. focili tntc movement of traffic 10 and within the commcrcinl areas of the City of Englewood and 10 minunizc troffic congcsuon in the shuulc nrca.
WHEREAS, The City desires to engage MV 10 provide said Transit Shun!e Managcmcn~
Operations. and Maintenance services.
NOW, THEREFORE, in consideration of the mutual co1•cnanlS and stipulations
hL, ·i~aficr set fonh, the sufficiency of which is hereby acknowledged, the panics agree as
follows·
I. Purpose: The purpose of this Contract is lo set fonh all of the tenns a nd conditions agreed
upon between the Parties by wh ich MY shall provide lo the City: transit management,
operations. and maintenance services, as provided herein. MV sha:I perform such smices
as set forth in this contract using that degree of care, sk ill, and knm1·ledgc employed by
leading contructors in the field oflransil mana gement and operati<lns in the United States .
2. Sco pe ofScn•ices: This Contract incorporates the requirements, c<'nditions, obligations
and promises of the City's "Notice Inviting Pro posals For A Circulator Shuttle In The
Ci ty Of Englewood, Colorado", dat,d September 18, 2009 ,,n<I the "Proposal to
Provi de Management, Operolioo and Maintena nce Services for the arl shuttle In the
City of Englewood , Colorado" by MV Public Transportation , Inc., dated Oct o ber 12.
2009.
3. Ind ependent Contrattor : The City hereby contracts with MV to provide the shunle
scr\'iccs described herein within the C11y of Englewood as an independent contractor and
nol as an agcnl of !he City
4 . Quality of Sen•icc: MV acknowledges that. through the pro,ision of seniccs, the City
desires lo provide lo their citizens a high qua lity of service in the operation and
maintenance of this shuulc system. MY Db'TCCS 10 supply the shunlc services described in
para!;r:tph two, abo,c, in a safe, efficient, and pmfessional manner.
5. Compcnsalion: Compensation shall be an amount nol 10 exceed S261.633 . MV will be
compensated accordmg lo the followmg rote schedule:
January I. 2010-December 31, 2010 S42.58 per revenue service hour
Jonuory I. 2011 -Dcccn1bcr 31, 2011 S42.49 per revenue scn,ice hour
I , a; I 2012 Dcrcwhcr?l ~~20 ~--~~~,,in1~ftffl~ffl~fflm'" ________ _
January I. 2013 -December 31. 2013 $43.32 per revenue scn•icc hour
l'agc I of 4
Januar: I. 2014 -Dcccmhcr ]I. c0 l-l $-l 3. 9 I per reve nu e serv ice hour 1'ote 1: The rate s a hove do not incl ud e costs for Profession al Liahility In surance as the panies have agreed 10 re mo ve thi s requirement from thi s Comrac t. 1'ote 2: The rates above arc based upon an c ti mated v lum e of 6.120 annual revenu e hours ( 12 revenue hours each hus using 2 bu es per day for 155 day s per year). Note 3: For purpose s of thi s ont ract , revenue service hour s shall he ca!culatec from arrival at the first shullle pick-up location ICI the depanure from the la~, shu ttle drop-ufT
locat ion.
Term: This Contract shall be for a term of twelve r~onlhs commencing upon January 1,
20 IO and ending at midnight , December 31. 20 I 0. Thereafter, the City Manager and MV
may extend thi• con tract for four consecutive one-year periods. upon mutua l agreement of
the panies, subject to the same terms and con dition s of th is contract as speci fied in
Paragraph 2 above.
Applicab le Law: The panics agree this Contract shall be governed by and construed in
accordance with the law of the State of Colorado. The venue for any litigation shall be
Arapahoe County. Colorado.
Termination: In addition to any other rights provided herein , the City shall have the right,
at any time and in its so le discretion, to tenninate, not for cause. in whole or in pan, this
Contract and funher performance of the sen-ices by delivery to MV of written otice of
Termination specifying the extent and effective date of termination .
Amendments: All changes to this Contract shall be in writing and executed by the
authorized officials of the Panies. In the event a change in this Contract is anticipated to
cause an inc rease or decrease in the annual revenue se:-vice hours or in the Operating
Expenses hereunder, the Contractor and the City agree to negotiate an increase or decrease
in th e contracted amount of compensat ion. In the event any Federal , Stale, or local law ,
rule, regulation or ordinance hecomes operative during the term of this Contract that has
the effect of increasing MV 's oper. •. · .,1s1s. to include. but not limited to, laws , rule .
regulations, or ordinances penaining 10 ~nvironmental protection or climate change , such
as carbon cred its or new taxes imposed based on energy consumption: changes in the
Americans \Vith Disabilities Act : or government mandated increa~cs to employee wages
and /or benefits , to include health care benefits. City and MV shall meet to di scuss the
impact of these unanticipated additional costs and ne go tiate an equitable adjustment to
M\l 's rates . In the event City and MV are unahle to agree on the amount of the equitable
rate adjustment. \I may term inate thi s contract for convenience .
Assignment: MV shall not assign its performance of this co ntract wi1i1ou1 the prior written
consent of the City . Any attempt by the contractor 10 assign any perfonnance of thi s
contract without such consent shall be null and void.
ubjcct to Annual Appropriation: Any prov ision oflhis agreement or its attachments
which impose upon the City. directly or indirectly . any financial ohl igat ion whatsoever to
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be performed or which may be performed in any fiscul year subsequent to the year or execution c,f thi s ogre~mcm is expressl y made contingent upon ll!'J s ubject to funds for s u~h financ ial obligation 1-e appropriated, budgeted and otherwi~e made available. 11 . \'erification or Com plia nce with c.n.s. 8-175-101 CT .SEQ. Regarding Hiring or Illegal Aliens: (a) Empl oyees, Co ns ultan ts and Sub-co ns ultan ts: Con~uhant sha ll not knowingly employ or contrac t " ith an illegal alien to perform • ork under this Contrnct. Co nsultant shall not contract "ith a sub-co nsultant that fails to cenify to the Consullllnt that the sub-consult1111t will not knowingly employ or contract with an illegal alien to perfonn \\Ork under this Contract [CRS 8-l 7.5-102(2)(a)(l) & (11).]
(bl Ve rification: Consultant will panicipnte in either the E-Verify program or the
Depanment program, as defined in C.R.S, 8-17.5-101 (3.3) and 8-17,5 -1 01 (3.7), respectively, in
order to confirm the employment eligibility of a ll employees who are newly fired for employment
to perfonn "Ork under this public contract for services. Consultant is prohibited from using the E-
Verify program or the Dcpanment program procedures to undenake pre-employment $Creening of
job applicants while this contract is being pcrfonned.
(e) Duty to Terminate a S ubcontract : If Consultant obtains actual knowledge that a sub-
consultant pcrfonning work under this Contn1ct knowing ly employs or c-0ntracts with an illegal
alien, the Consultant shall;
(I) notify the sub-consulta111 anJ the City within three days that the Consultant has actual
knowledge that the sub-consul .. ~\ 1 employing or contraeting with an illegal alien; and
(2) terminate the subcontract with the sub-consultant if, within three days of receiving notice
required pursuon1 10 this paragraph the sub-consultant docs not stop employing or contracting
with the illegal alien; except that the Consultant shall not terminate the contract with the sub-
consu ltant if during suc h three days the sub-consultant provides information to establish that
the sub-consultant has 1101 knowingly employed or contracted with an illegal alien.
(d) Du ty to Comply witb State l n1•ts ligation: Consultant shall comply 1'1lh any reasonable
request of the Colorado Department of Labor and Employ,nent made in the course of an
inves1iga1ion h) that the Dcpanment is undcrlllking pursuant to C.R.S. 8-17 .5-102 (5)
(e) Damages ror Breach or Contract: Tite City mB)' 1cm1ina\c this contract for a breach of
contract. in "hole or in pan, due to Consultant's breach of any section of this paragraph or
pro• isions required pursuant to CRS 8-17 .5-102 .. Consultant shall be liable for actual and
consequential damages to the Cit) in addition to any other legal or equitable remedy the City ma)
be entitled to for a breach of this Contn1c1 under this Paragraph 12.
IN WITNESS WHEREOF. the parties have duly esccutcd this Agreement. efTcctive the
day and date first above wriuen.
MV PUBLIC TRANSPORTATION. rNC
~~~'===~-k:.t,--,,t.,,::::::::. ~-
w.c. Pini,
President of Business Development
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STA TE OF COLORADO • J ss COUNTY OF _____ __) The foregoing instrument was acknowledged before me thi s __ day or _____ . 2009, By ___________ as ______ or MV Public Transponation, Inc.
My commission expires: _______ _
Notllr)' Public
CITY OF ENGLEWOOD, COLORADO
By: _________ _
James K. Woodward, Mayor
• Loucrishia A. Ellis. City Clerk
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CALIFORNIA AL L-PURPOSE •"CKNOWLEDGMENT !:£.~-=--=-=-r_=.«!:".= =«.==««-"" ""~=
•
ELY SE SOTTE RO
Comm1ulon # 172504 1
; Notorv Public • Colllornlo I
i Sotono coun1y -i .. , .. ~:onvn.~Feb12.20~1 .l
who proved to me on the basis of satisfactory evidence 10
be the pe rson(s) whose name(s))glare subscribed 10 the
wl1hln Instrumen t and acknowledged lo me 1hal
lle/w/lhey ex ecut ed the same In ~heir au1horlzed
capacity(ios), and that by h~rnheir signature(s) on •he
lnstrumen 1 the person(s), or the entity upon behalf of
wh ich the oerson(s) acted , e,.c.-cuted the Instrumen t.
I certify under PENALTY OF PERJURY unde r the laws
ot the Stale of Calilornia that the lu regolng parag raph is
true en c' correct.
----------OPTIONAL _ ___. _________ _
gh the lntormt1tion be .'ow Is not required by law, Jr may prove valuabJe ro persons rBlyir,g on lho document
and could Pf8"'8nl lraudolenr removal and reattachment ol this '°1m ro another document.
Attached Doc um ent
TIiie 01 Type or Oocu
Capac lty(l es ) Claim ed by Signer(s)
S1gne(s Name : ___________ _
0 Individual
□ Corpo rare Ollicer -Tttle(s):
D Pa rlner -0 Lt Titted D General
□ Auorney In Facr
D Truslee
D Guardian o, Conservalor
0 Olher: _______ _
• ~lgner's Name: ____________ _
Oih~ual
□ Corpor to 01hcor -Tllle(s): _______ _
C Perine, -Limi ted '.J General
0 Att01ney in F~t~
O Trusloe
D Guardian or Conservato
□Other : _______ ~~
lop at tnumb hel'e
• COUNCIL COMMUNICATION Date: I Agenda Item: Dece,nber 21 , 2009 11 cl I Subject: Sherman \\'ater Tank Rehabilitation Initialed 8 )~ Staff Source: Utllilies Department Stewart H. Fonda. Director of Utilities
COl 1NC IL GOAL ANO PREVIOUS COUNCIL ACT10N
lanllary 3, 1999 Council approved a motion for rehabilitation of the Sherman \\ ater Tank to Include
Interior painting and a cathodic protection system.
RECOMMENDED ACTION
At their November 10, 2009 meeting. the Englewood Wa ter and Sewer Board recommended
Council approve, by motion, the bid for the rehabilitation for priming and painting the exterior 01
the Sherman elevated water sto rage tank on the exterior of die tank.
• BACXGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
The Sherman tank ,s a 200,000-gallon tank, loca ted at 5403 South Sherman Wav that was f.' t on-
line In the spring of 1962 and ser. es the southeast portion of Englewood. Earlier th is year, the tank
was Inspected and the Inspection revealed the beginning of conosion.
As part of the proposed tank rehabilitalion projec~ the tank exterior and standpipe will be fully
cleaned, lead-based pain t abatemen t will be provided for the exterior and appurtenances, corrosion
spots welded and repaired, the exterior painted and a ~athodic protection system reapplie d.
Preventative maintenance meJsures are necessar, to extend t~e life of the tank.
FINANCIAL IMPACT
A bid opening was held on October 29, 2009 and the ioUowing bu!. were recei, ed:
H & R En terprises LLC
Classic Protectl\ e Coatings Inc.
Central Tank Coa tings, Inc.
TMI Coatings, Inc.
$1 82,384.12
S258,0()(1 .00
$258,000.00
$276,450.00
, er at 182,384.12. Camp Dresser & McKee
Engineer, has recommended acceptance of th~ lo" bidder, H /J, R
• • food B i d Tabu la r /on Sh eet ,: Friday Octo ber 30, 2009 10:00 iLm . MDll Appar&nl Low B idder -Award tiasnot been made at this time I 1-114 Sherman Elevated Wa te r Tank Rehabllllallon 1erman Tani ,Addendums I Bid Bond Y-Yes/No R:flallon l&c:aptlons:
Yu I Yu I • ••.•oi:oeT• ., ....... r • 112.314.12 l ~U•Nd
<1s Inc
Yff I Yu I s 21.000.00 I s 220,000.00 I s 2Sa,000.001 -.. USled
TMI CoalinQs In<. I I I I I
3291 Terminal Dr I I I I I
SL Paul. MN 551·
,(651) 452-6100
I I Yu 1-y.;-Ts -----....000.00 Ts , ......... IS 271,4 ... 00 l .h SpKlffed
Central Tank Coam.ns Inc
19736 Cable Ave I
Eloln, IA 52141
(563) 426-5967 ■
N o I Yu I • 101,000.00 I s a ,.000.00 I • 2 58,000.0G )N one LJINd
The Utilllles Oeparrment budgered 5280.000.00 in the ~010 Budget ior this project This monev • \\as alloca ted under #09-03-6 1 J51. UST OF ATTACHMENTS Bid Proposal Tabulation Sheer
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COUNCIL COMM UNICATION Date : Agenda Item: Subject: December 2 I, 2009 12 bi Extension 01 Temporary Moratonum on the Establishment oi Ne-, Medical Marijuana Dispensing and GrO\,ing Uses Initiated By: Staff Source:
Community Development Department Alan White, Director
Audra L Kirk. Planner I
COUNCIL GOAL AND PREVIOUS COUNC IL ACTION
City Council approved Emergency Ordinance 34, Series of 2009, on August 17, 2009. The
moratori um established a temporary suspension on the establishment oi new medical marijuana
dispensing and growing uses. The moratorium ls scheduled to expire on February 17, 2010.
RECOMMENDED ACTION
Staff recommends that City Council adopt a bill for an ordinance approving an e~tension of th e
moratorium through June 17, 2010. This request provides the time necessary to provide Council
with additional Information, evaluate alternatives, and com pl ete the adoption process for
amendments to the Unified Development Code (UDC). Including use-specific standards and
definitions.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Emergency Ordinance 34, Serles oi 2009, proposed a six month moratorium on new med ical
marijuana dispensing and grO\,ing uses in the City.
The Planning and Zoning Commission held a Public Hearing on October 20. 2009 where
Commissioners discussed appr?priate zone districts, spac ing, requi red permits, and conditions that
would be suitable fo r Medical Marijuana uses. Although the Comm ission did agree on some of the
issues at hand, the outcome of the Public Hearing" as that a mo lion to recommend amendments
to the UDC failed.
Council directed staff to prepare an o rdinance for an extension to the mora torium to enab le staff to
provide more info rmation concerning medical ma rijuana and to discuss proposed chan ges to the
UDC. The State legislature's proposed review of the issues In 2010 ma1 also provide further Insight
into regulaung the use.
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With a four month extension, a ten tative schedule for adoption of .n ordinance would be as follows , 04-05-10 04-19-10 05-03-10 05-07-10 06-07-1 0 06-17-10
FINANCIAL IMPACT
1" Rea ding Public Hearing !"" Reading Pub lication Effecrive Dat e (following 30 day refe rendum period from publ icati on date) Moratorium expires
No financi al impicts are identified.
LIST OF ATTACHMENTS
Bill for Ordinance
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• ORDINA,'-CE ~O. SERIES OF 2009 BY ALiHORJn' COUNCIL BILL NO. S9 INTRODUCED BY COUNCIL MEMBER ____ _ A BILL FOR /)6-/ AN ORDINA.'ICE EXTENDING A TEMPORARY SUSPENSlON OR MORATORIUM ON THE EST ABUSHM£NT OF l\'E\\' MEDICAL MARIJUANA DISPENSING AND GROWING
USES FOR A PERIOD OF FOUR MONTHS.
WHEREAS. it has 1-1 brought 10 Council's allClllion lha1 thc c:um:n1 Unified Developmenl
Code docs llOI adequately define or limll medical marijuana dispensing and growing uses; and
WHEREAS. City Council directed staff 10 review. create and re"ue, 1f necessary. provisions
cooccming medical marijuana dispensing and grov,ing; and
WHEREAS, staff has reviewed and coordinated thc pro,isio:ls relating 10 Med1<:nl ManJuana
dispfflsillgand growing in the Code: and
WHEREAS, City Council deems it necessary 10 coonlinale the review of the Unified
Dc-.-elopmem Code and finds ii appropriate 10 prolul>it lhc CSlablishmcDI of OOI' medical
marijuan:i dispensing and growing in thc City until the r.-view by the staff and City COWlcil: and
• WHERE.-.S. lhc moratorium W0Uld 1cmporarily stop additional busincsse:.: and
WHEREAS. those U$CS already in business would nol be affccied; and
WHEREAS. in order for the City to comply with equal protection iSS'~ the moratorium or
1cmporary suspension mus, apply to all zone districts unless specific exemptions can be
lcgnima1cly set fonh due 10 a fmdmg that a panicular zone distric1 should be excluded; and
WHEREAS. !he revisions 10 the Unified Developmem Code and the Ujldating of the uses
allo,,ed in all zone districts will help protect the public health, safety and welfare by preserving a
safe, bcaltby. and SOWld c:n,ironmcnt v.ithin the City; and
WHEREAS, the citizens of Englewood and the Cny COWlcil ha,-e dc,ennmcd that funhe r
revisiom 10 the Urufied Dc-.-elopment Code arc ncccssary to promote. coordinate, and implement
a high quality plan 10 produce v.'Cll balanced zoning in the City: and
WHEREAS. the current hs11ng of uses ,snot DICeliog th.: abo,-e cri1ena: and
WHEREAS. the Pllllllling and Zonin& Commission has considered and made recommendations
10 Council; and
WHEREAS. the Chy Cowicil wishes tc, further review and study the Ordinance received Ji:wn__ •• -
the Planning and Zonmg Co~ssiooi. and __ . · •
WHEREAS. the Colorado lcgis!Gturc oppcars pmsed to crente nod clorify the Stn1e·s rules regarding Medicol Marijuana licensing ond enfon:ement: and WHEREAS , the City Council finds that an add111onal four month extension of the current moratonum or temporary suspension of the es tab lishment of all new medical marijuana dispensing and growing uses is necessary to implement the revisions 10 the Unified Development Code; NOW, THEREFORE. BE IT ORDAJNED BY rnE CITY COUNCIL OF THE cm· OF ENGLEWOOD, COLORADO. fHA T THE MORATORIUM OR TEMPO RAP. Y
SUSPENSION OF ALL NEW MEDICAL MAR.111./ANA DISPENSING AND GROWING
USES IS EXTENDED TO JUNE 17, 2010.
~-Soid moratorium or temporary suspension shall be for any medical marijuana
dispensing and growing uses within lhe City of Englewood DOI in operation by August 17. 2009.
~ The City Council will review lhe Commission's recommendations, 10 be consistent
with this Ordinance and 10 provide for an updating of the Unified Development Code relating to
medical marijuana di5pa1Sing and growing uses.
~-The City Council finds the provisions of this Ordinance are temporary in nature
and are intended to be replaced by s ubsequent legislative enactment so that the moratorium or
mnporary suspension as specified in !his Onlinancc shall 1cnnina1c on June 17. 2010.
Introduced, read in full, and passed on first reading as an Ordinance on the 21st day of
December, 2009.
Published as a Bill for an Ordinance in the Cny·s official newspaper on the :is• day of December,
2009. •
Published as an Ordinance on the City's official website beginning on the 23rd day of
December. 2009 for thiny (30) days.
ATTEST: James K. Woodward. Mayor
Loucrishia A. Ellis, City Clerk
I. Loucrishia A. Ellis. City Clerk of the City of Englewood, Colorado, hereby ce11ify that the
above and forCjjoing is a true copy of a Bill for an Ordinance. introduced. read in full. and passed on
first reading on the 21st day of December, 2009.
Loucrishia A. Eilts
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REso· 'JTION NO. SERIES OF 2009 A RESOLlITION SPECIFY ING AID TO OIBER AGENCIES FOR WIO B v THE CITY OF ENGLEWOOD, COLORADO. WHEREAS. City Council of the City of Englewood, Colorado discu,;sed Lhc appmpna1ions for aid to Olher agencies for the year 20 IO a1 the Study Session on December 14 , 2009:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, IBAT:
~-The followine designations arc hereby made 10 the appropriations in the 2010
Budget of the City of Englewood, Colorado for aid to other agenc;es;
SOURCE OF FUNDS:
Total 2010 Budget for Aid to other Agencies S29,02S.OO
DESIGNATIONS FOR USE:
Metropolitan Mayo!l and
Commissioners Youth Award
Alapaboc Philharmoni c
Arapahoe SanLa Claus Shop
Beacon Center
Cornerstone Free McthodiSl Church
Docior's Care
EnaJewood Cultural Ans Center Assoc .
EHS After Prom
Food Bank of the Rockies
Freedom Service Dogs
Gateway Ban~ Women's Sheller
Hospice of Denver
ln1cr-faith Task Force
Living Branch Community Fellowship
Meals on Wheels
Special Olympics Program
Up Close and Musicnl
Djseretionnry
Total
S 500.00
S 250.00
S S00.00
S 250.00
S 1,700.00
S 1,000.00
S 500.00
S 4SO.OO
S 1,350.00
S 1,000.00
S 1,000.00
S 900.00
$12,000.00
S 4SO.OO
S 2.000.00
S 675 .00
S 2.500.00
s 2,000.00
$29,025 .00
ADOPTED AND APPROVED this 21st day of December. 2009.
ATTEST:
lames K. WooiJward. ilayor •
12 b II