HomeMy WebLinkAbout2008-04-07 (Regular) Meeting Agenda PacketI. Call 10 order.
2. lnvoca1ion.
3. Pledge of Allegiance.
4 . Roll Call.
AGENDA FOR THE REGULAR MEETING Of THE ENGLEWOOD CITY COUNCIL Monday, April 7, 2008 7:30 p.m. Engle" ood Ci\ ic Cen1er -Council Chambers I 000 Englewood Parkw•y Engle,\Ood. CO 80 I I 0
5. Consideration of Minu1es of Previous Session.
a. Minutes from the Regular Cny Council mee1ing of March 17, 2008.
6. Recognilion of Scheduled Public Comment (Please liml1 your presentation 10 1en minu1es.)
a. LIia Downing. represenling Englewood Youth Sports, will discuss 1he 2008 Mldwes1
Plains Regional Soflball Tournamen1.
7. Recognhion of Unscheduled Public Comment (Please limit your presen1a1o0n 10 fl,e minu1 es.
Time for unscheduled public commen1 may be lhmted 10 45 minutes and If lirniled shall be
con 1inued to General Discussion.)
8. Communications. Proclamalions, and Appointments.
a. Proclan1J1ion declaring April 18, 2008 as Arbor Day.
b. Proclama1,on declaring April 2008 as Housh,~ Americ,l Mond,.
Pie.,"'~ no te· II \'OU h,l\ l' ., d1t,1b1h1y ,md nf'ed ,1U\ll1,11y .ud, or ser'\IC(•\_ ple;l~<• noufy thtt Cuy of [1,6'("\\ood
110 l, ~62-2.&0i) a1 IPJ<l .J8 hour< trl ,lChfmcC' o( ,, I ,, Wf\Ktt< .ire nN'tlNI. Th.mi.: )·OU
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fugl"vood C11, Co uncil Agenri,l April -, !008 P.1gtl 1 'I ConM!nl Agenda l1ems. J . Appro, al of Ordinances on F1rs1 Reading. i. Councol B,11 No. 10 -Recommendat1011 from the Public\ Vorks Depanme111 10 adop l ,1 Bill for an O rdinance appro,ing an lntergO\ emmenlal Agreemen1 \\llh the Denver Regional Council of Governments allO\, ing reimbursement ol signal
s1-s1em equipmen1 purchases 10 the C11y of Engle\,ood in the amount of $24,000
for 1he 2007 Fiscal Year Miscellaneous Equipment Purchase program. STAFF
SOURCE: Rick Kahm, Director of Public Wori<s.
b. Approval of Ordinances on Second Reading.
I. Council Bill No. 18, approving an l n1ergovernmental Agreemenl with the Denver
Regiona l Council of Governments for the City of Englewood's participation in the
Denver Regional Aeria l Photography Project.
Ii. Council BIii No, 19, •~'p roving an Intergovernmental Agreement with !he Co lorado
Depart111en t of Labo r and Emp loy111enl in support of lhe City of Englewood's use
of Slate Wage and E mploy111ent data dirough the Denver Regiona l Council of
Govern111ents.
c. Resolutions and Motions.
Recommendation from the Public Works Department 10 appro, e. by Motion, a
contract for the construction of the Broadway and Tufts traffic signal. S1aff
recommends awarding the crolract to the lowest responsible bidder, ln1egra1ed
Electric, Inc., 111 lhe amount oi $46. 156.69. STAFF SOURCE: Rick Kahm, Director
of Public Wooo .
10. Public Hearing II ems. (None scheduled.)
1 I . Ordinances, Resolulions and Mo11ons
,1. Appro,al of O,dlna,ice~ on Firsl Reading.
Counc,I Bill No. JI -Recommendation from the Parks dnd RecreJl1on
Department 10 ,,dopt a BIii for dn Ordinance appro, mg Jn ,1greemen1 with
McGe1rlck Golf Academy 10 opera1e the Broken Tee Englewood lncioor Training
Center. STAFF SOURCE: Jerrell Black. Director of Parks and Recreation, and
Bob Spada, Golf Operations Manager.
h. App rova l of Ol'dln,1nces c,n Second Reading.
l'll',1\l' notl•: If )'OU h,1vc-,1 tl1\,1l>1hty ,rnd 1wt•cl .1u,1U,1ry .1 ,1~ or sc.-r\ ires. ple.1~e no1 1fy 1hi:-ruy of fnJtkwood
~----' J_O_l 7(,2•140;") ,ll lCWil 46 hour\ m ,lth,,111(.C oh\hen St'r"c~ ,He-m•t-dt-cl, lh,111!-. you
(ngll'\,ood (tty Cooncil Agenda ,lpfll i. !008 P.,~e 3 c. Resolutions and Mo tions. Recommendation from the Finance and Administrative Ser\lces Department to appro,e a Resolution supporting disposition of funds recer. ed ftom the Regional Transportation District's purchase of land from the Englewood Mclell ,,n Reservoir Foundation. STAFF SOURCE: Frank Gryglewicz, Directo r of finance and Administrative Services.
ii. Recommendation from the finance and Administrative Services Department to
approve a Resolution authorizing a supplemental appropriation 10 the 2008
Budget and a year-end supplemental appropriation to the 2007 Bud gel STAFF
SOU Ra: Frank Gryglewicz, Directo r of finance and Administrative Servici,s.
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report
t 4. City Attorney's Report.
a. Motion to approve settlement of the E. f. fol,nson Case No, 07 CV 1995 upon payment
to the City of $80,000.
15. Adjournment.
The fol lowing minutes were tr ansmille d to City Council In March, 2008.
• Code Enforcement Advisory Commi lle e minu tes of l,1nuary 16, 2008 meeting.
• Cultural Arts Commission minutes of lanuary 2 and February 6, WOO meetings.
• library Board minutes of febru.iry 12 2008 meeting.
• Liquor Llcensir>g Auth ority minutes fr om February 6 ar>d February 20, 2008 telephone poll s
and March 5. 2008 meeting.
• Parks and Recreation Commission minutes of February 14, 2008 meetin g.
• Planning and Zoning Commission minutes of January ~3 and March 4, 2008 meetings.
• 1 ranspor1a11or. Advisory Comm,ttee minutes of fanuary 10, 2008 meeting.
Plea"" note: If vou h.1v• ,1 dis.,bUtl\ ,md need Juxltwy •kl• 0< Sef'll<l'S. pl,•.1<r no11[y the C,r, of [nglrwood
t303•71,2·H07t ·" k'MI -18 horns 111 am..,nce of"'"" S{'f\1<es "'' needt:•d. Tiw,k you
PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT April 7, 2008
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
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1. Call to Order
ENGLEWOOO CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session March 17, 2008
The regular meeting or the Englewood Coty Counci was called to 0<der by MaYO< Woodward at 7 37 pm
2 . Invocation
The lnvocabon was given by Council Member McCasfin
3. Pledge of Allegiance
The Pledge of Allegiance was led by Council Member McCaslln.
4. Roll Call
Present:
Absent :
Council Members Jefferson, Moore, Penn, Oakley, Mccaslin, Wilson,
Woodward
None
A quorum was prasanl
Also present: Ctty Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk Ellis
Deputy City Clelk Bush
Director Kahm, Public Works
Director Gryglewic?, Finance and Administrative Services
Director Whfle, Community Development
Direct0< Eaton, Human Resources
Deputy Fire Chief Stovall, Fore Departmenl
Pohce Commander Watson, Police Department
Field Operations Administrat0< NIJlllllO, Public Works
5. Consi deration of Mlnutea of Previous Session
(a) CO UNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER PENN SECONDED , TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 3, 2008,
Mayor Woodward asked Ir there were any changes or corrections There were none.
Voto ros ults:
Mohon carried
Ayes: Council Members Penn, Mccaslin, Moore, Woodward, Jefferson,
Wilson, Oakley
Nays None
6 Recog nition of Schodulod Public Comment
Englewood Clly Council March 17, 2008 Page 2 (a) Mayor Woodward said the Go Green Comm1llee, a group of parents and community members from the Charles Hay Elementary School area, are present lo discuss schOOt ground improvements al Charle:. Hay Elementary School Chn, Laney-Barnes said I am the pnnc1pal at Charles Hay Elementary. Id hke lo Just take a momenl lo have the members of our Go Green Committee, that are here this evening, introduce themselves Jason, do you want 10 start and please explain who you are I'm Jason Marlon and I'm just trying lo help the rommunily lo inplement some plans as far as new landscaping, My name IS Ingrid Unruh and I'm a community member and
a parent of a child al Charles Hay and I would love lo see lhal area, on the comer of Downing, go green I'm
Chris Anderson and also a communlly member and parent of a child who goes to Cha rles Hay and I'm olso a
teacher al Colorado's Finest AltemaUve High School In Englewood I'm Jennifer Grady, a second and third
grade teacher at Charles Hay, b\Jt also a community member with a four-year old that Is in the Englewood
Schools and will be going to Charles Hay. I'm also a parent of a student, a klndergartener al Charles Hay, and
would love lo see this area bea>me green and also have a garden In there, as well, for lhe children lo learn I'm
SUzanne McNamara Pollard, a community member and a teacher al Charles Hay and I have one cluld still left on
Englewood Schools.
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Ms. Laney-Sames sald I would like lo briefly give you an overview of our projecl A couple of years 3110, this
group, along with some other community members and parents, came lo me and said we W01Jld reaAy hke to
see something done with that back area of lhe schoolyard It's lhe area adjacent to Downing Street and
Eastman, on the school grounds It's really quite an eyesore. At this point, it's full of sUr.kers and no gress. In
tact, there is no grass on the school prcperty This piece of land Sits adiacent lo the tennis courts that are
owned by the City and also, Barde Park IS to the north or the schoolyard. So. we started explonng what we
could do with this and how we might be able lo raise lhe money for this project We have been working really
hard to get some donatlOOS and we have been wrrting grants. One of the first things that this Committee did •
was hire a landscape designer to help us lo sort of put some meat on the bones of our visfon And so that is the
book you have In front ofyou ... our concep t plan, the master plan and we have a coople of drawings here. So
Suzanne is going to share sort of what our vision Is , wilh you .
Ms. McNamara Pollard said the Ideas came from parents and children, as far as whal is needed and what we
would like lo see to enhan<".e that area . As Chris said, there Is no available grass There is Barde Park, which is
next to the school and K Is lovely, bul it ,s a Crty park and accessible to anyone al anytime with dogs and so on
This area is pretty large there Is a large grass multi-use area lhal we want to put in there that is ci«:ular and
then going around that Is a trark with crusher fines. The Intention behind that was for It lo both be usable, of
course, by the children of Charles Hay, but also the surrounding <.ommunities Thal there would be kind of an
exerctse area, beyond Just the playground equipment that's there now. There are trees. because there is no
real shade In that area to surround much of lhe area for art and shade structure, a dry stream bed So, there
are a lol of different components to II and there are dllferent phases lo It. But, Initially, the first stage is lo get
that grassy area in there and that will lake care of a good chunk of what Is really Just a briar patch now There Is
some gravel on ,t, which would have to be dealt with. and lo imgate that And 1hen, we wiD aod the trees and
other exciting elements.
Ms Laney-Sames said 11 you can't see this dnrWlng on the easel. the1e Is a 1ep1oduct10n of the conceptual
drawing In the book that you were given To dale, what we have Is app10>1matety $20,000 00 in donallOllS of
trees We have the turf promised for half price We have much of the irrigation equipment donated Jason has
a spnnkler company and he Is going lo be our Installer He 1s going lo be giving us some labor al cosl and
below The Englewood School Board has already approved Phase I, which ts the area down In the lowef left
hand corner, the grass So. they have already approved that and have said to us, when you gel this all
together, come to us and we will match whatever ii is that you have in 1eIms of donations .. we will do a dollar
match for that So, we feel as 11 we are really very close to being able lo go and see them in April ThlS project
Is going 10 be a great benefit, nol only lo the school, bul the community You might notice that part of the plan Is •
to put an entrance there on the very corner with a small garden As the Commillee visualized and dreamed
about thlS area part of what we wanted lo do was make II accessible, usable and a great place lot community
members to come, as well as kids So 10n1ghl, one of the things we would hke lo ask or you, the City Councd, is
to consider what you have done for some of the other schools In the Englewood School Dislric• You moved to
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Englewood City Council March 17, 2008 Pago 3 put turf tn I don t know 1f n was last year or the year before. I suppose 11 would be lhe Public Wor1<.s Department !hey helped Cherrelyn with some or the ground wor1<. .. amending the soil and prepanng the ground for the sod lo come in. We have already talked to lhe Parks Oepartmenl as I menlloned, and this proJect fits very nicely w,lh their Master Plan for improving and expanding Barde Park to the north We feel that th is prOjeci would be a benefit to evarybody, a wm for the school and a win for the community So, again we would like 10 ask thal you all please consider helping us out wrth some of that ground work. so thal we can gel our projecl underway Ms. La ney-Barnes asked 1r she could answer any questions
Mayor Woodward said I have a quesoon When you say Phase I involves remov,ng the gravel and prepanng fOf
the grass area 1s thal the area 1n the southwest comer? Is that what we are talfunG about?
Ms. Laney•Barnes said yes sir. And as we talked to the landscape designer. we think that we can just cover lhe
gravel If we dlo the kind or soil amendment that'! happernng at Cherrelyn 1/1" •~•rJ. that is going to be sufflCtellt
So. that 1$ whdt we are talk1119 about .just thal green space there on the Sl'U\tW.•"·' comer
Council Member Wi lson said what was the dollar amount of the donations? Ms. Laney-Barnes said al this point.
we just found out this evening, we have had anolher $10,000 00 In trees donated, so we're up to about
$25,000.00
Ms. Laney-Sames asked if there were any other quesllons she could answer.
Mayor Woodward tald 1! this is Phase I, how long dlo you see 1t taking to complete all the phases?
Ms. Laney-Sames said we are relying an awful lot on donations and granls This really Is a grass rc,r ;
movement at lls best .. both hlerally and figuralively ... so 11 remain s lo be seen . And some of these pl),1s may be
modified somewhat along the way Our lntltal purpose and mission was really to gel some grass oul there for
the kids and some shade You can se~ there 1s a shade structure in the plan. nght now tney have nothing on
lhe school yard where they play And again, this will make 11 a much more inviting place for the community As
you know, Downing Is a main street for people dnving through Eng lewood and it does not paint a very pretty
picture or our school yard and community at this point.
Counc,t Membet Wilson said how much money dlo you think you can get in grants? Ms. Laney-Sames said lhal
remains to be seen . Righi now we have jusl wntten a couple and they may tiring us close to $10,000 00. Bui
as they come up, we will continuing lo write, so we will just have to see
Counc,I Member Wilson said we<e you hoping to have a cornmunily garden t e loo or is that 1n a different
phase? Ms laney-Bai <>es said that 1s in a different phase. we are 1n a dlsc,ssion phase aboul that Ms
WIison said okay
Mayor Woodward said o4<ay and thank you ror corning tonight with the preser.tat,on
Ms I aney-Bames said tha n, you
Mayor Woodward said I would encourage you to stay around 10 see if there is any dtscussion on thts ,ssue
under Co..1nal Members Chooce Ms Laney-Barnes said great, thank you
(bJ Frank Eakins, an Englewood resident , said I am a retired Eng lewood Firefighler I spent 25
years ser,lng this communtty and I was permanently Injured In the hne or duty A year ago, I had 10 lake a
d1sablh1y rettremeol from the State or Colorado through the Fire-Pohce Pens,on AsSOC1ation I am gMng you a
copy of my retirement application from the FPPA This is lhe employer's secllon, which was Mled out by Human
Resources and signed by Chris Olson, confirming thal I was taking a retirement I am also giving you an
excerpl from the Colora~o Revised Slalules thal refers lo me as a rellree under Stale law Miele 26 o' lhe
firefighter con1ract says th~t ·relJrees· shall receive a S 100 00 rer month heallh ,nsurance bener11 I rae1ved
this benefit for almosl a yea, and then lasl month I got a le1ter from !he City saying I would no longer be gemng
the money The reason I was given was that I look a d1sab1h1y rettremcnt al age 53 1nslead or a normal
Eng lewoo d City Co uncil Marc h 17, 20 08 Page 4 retirement at age 55 The contract doesn't have any age restrictions , but Just says· retirees· This Is the bas is for my discnmma tion complaint The requirement that one be age 55 is d1scnmmatory, beca use II was meant to exclude anyone who was forced to retire earlier because of a disabili ty City policy , State law and Federal law all proh 1b1t d1scnminahon based on d1sab,hty The Americans Disability Act requ,res that employers make reasonable accommodat ions for employees with d1sabili!ies I filed a discrim1natron complaint with the Human Resources Director 3 weeks ago . The City Manager and Coty Attorney we re also informed that I was filing a complaint. They cc ;Id have changed the discnmin atory policy In one day , but they have c .,,en not to , so I am
forced to bring this to your attent ion I am asking you to reverse this discriminatory policy ' 1t 1s not rev~rsed, I
wi ll go to the Equa l Emp loyment Op~rtunily Comm iss ion an~ the Colorado Civil Rights .,r i5sion, and file a
formal complaint on behalf of myself, and another affected retiree named Mike Gruning,• A cvuple years ago ,
EnglewJod was charged with discrim1na1to n and found guilty by the Civil Rights Com rrn~sio n. It, ,ded up
costing the City over $350,000 00 . This time there will be two lawsuits instead of just 1.n If we ~ave to file
formal charges, 11 will be against the City Council and you will have to eY;i lain why peopl 0 wit>i dir Jbilities
shouldn't have the same rights as every:ine else . Thank you for your time , Mr. Eakins J .• ,d if t:,e re were any
questions . There were none .
Mayor Woodward sa id thank you .
7. Rec ognition of Unscheduled Pub lic Comment
(a) Barbara Bowman , an Englewood resident , sa id I and a couple of our neighbors In the area I live
in, have some concerns about the property va lues over there . I know some Council members here stated
during their campa igns that they were go ing to clean up Englewood and I just wan ted to know wh at do you have
in mind , whe n is that going lo start and when will we start see ing someth ing? I mean , I've go t neighbors tha t
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have li ved the re for 20 some years. 30 years ... an d peo ple are moving out because of the slu m lords that are •
coming in are renting lh fl pro perties and letting them go down . We call Code Enforcemen t all the time for the
tras h ... they don 't pick :•p afler their dogs , they don 't have trash cans , and there is trash everywhere . Cod e
Enforceme nt comes out, they ge t a little bit cleaned up and it goes back down . We've go t wrecked cars that sit
out there cons tantly that aren't licensed . They get a ticket , then they put a license pl ate on it , but I don 't believe
for a minute that it is a vahd lice nse . We would just like to know 1r it Is going to con tinue, we are trying to clean
up . I mean, the slum lord ove r there in tha t area ... he is ju st buying up every piece of pro perty and he doesn't
care , We have talked to him and he's just...oh well , I'm getting my mvney, I don't care . So , do we have any
plans? How do we go about see ing what is going to happen next?
Mayor Woodward said I would hke to encourage you first to list your complair.ts and address the Code Advisory
Comm issicn . l here have been numerous discuss ions going on , for some time now, regard1eg exactly the
issues that you are talk ing about. and we did have a presen tallon two weeks ago, I believe it was , regarding
Code En forcemen t and what Is going on So , I think It is very importaet an d I would really encourage you to
add ress the Code Enforcement Adv is ory Committee
Ms . Bowman said okay . It is 1ust that we see Keep Englewood Beautiful at work dn~ " ,re a couple of you
that have lived here your who le hves also and you know what 11 used to be like and 1t 1s kind of going down hill,
as I thi nk . some or us have seen
Councll Member McCashn said we meet here at 6 30 on Wed nesday . every 3'' Wednesday night of each
month .. so th is Wednesday at 6 30, 1f you could come .
Ms Bowman said where was that ? Mr McCashn said o .n ird noor ... in the City Manage r's Con /erence
Room on the third floor . Ms Bowman said okay and the , ,o uld have some agendas of what we kind of plan on
doing?
Mayor Woodward said no , ;ou would have the oppo rtun ity to speak to them about that and discuss that In a
more open forum than you do o111th Counc il nghl now Ms Bowman said okay , thank you . •
• Englewood City Council March 17, 2008 Page 5 Council Member McCashn said wt are lookI1 ,o :;t d1fferen1 processes , hm1ng issues and I hose s1Iuallons lhal are broughl up by cI11zens Ms Bowman said because I know there are a lol of old Englewood residents that are seeing It go down h1U and we don t like 1~ you know As you know, once you ate here you don't leave. ,,, you come back Council Member Oakley said do you have a specific address thal you were talking about on your block? Ms Bowman said yes. 4735 and they have been ticketed I know they have had to go to court, but they know 111s
not a big deal. They know they then have another eight months. Like I said, you can talk to the owner and he
doesn't care and he owns three on that block, I beheve
Mayor Woodward said Sam, 1s this the property that we have bee~ working on? Commander Watson said I
would have to check the records.
Mayor Woodward and several Council members said thank you fo1 coming Ms, Bowman said thank you
8. Communlcatlon1, Proclamations and Appolntmenls
(a) A no~e from fU, Lunder5 annovnc,ng his resignation from the Liquor Licensing Authority was
considered .
COUNCIL MEMBER McCASLIN MOVED, ANO COUNCIL MEMBER PENN SECONDED, TO ACCEPT THE
RESIGNATION OF R.L LUNDERS FROM THE LIQUOR LICENSING AUTHORITY .
• Mayor Woodward asked If there was any d1scuss1on
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Mayor Woodward said I would just like lo thank Mr. Lunders who has t,en on the Liquor Licensing Aulhonty for
a very , very long time He has chaired the Authority and has served th~ communl1y very well.
Mayor Woodward asked If there were any other remarks There were none
Vote results:
MotJOn earned
Ayes : Council Members Penn, Mccaslin. Moore, Woodward, Jefferson,
Wilson, Oakley
Nays None
(b) A memorandum from the Transponat,on Advisory Committee ~nnouncing Mark Craffs
res ignation from the comm ittee, and requestmJ the appoi ntment of Alternate Member James Weeks to fill this
vacancy, was considered
COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO ACCEPT
THE RESIGNATION OF MARK CRAFT FROM THE TRANSPORTATION ADVISOR Y COMMITTEE.
Mayor Woodward asked Ir there was any discussion. There was none.
Vote results:
Mohon earned .
Ayes Council Members Penn. M<:Cas~n. Moore, Woodward , Jetrerson,
WIison.Oakiey
Nays None
(c) A resolutJon appointing James Weeks 10 the Transportat10n Advisory Comm11tee was
considered
Englewood City Council March 17, 2008 Page 6 COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 8 (c) • RESOLUTION NO. 33, SERIES OF 2008. RESOLUTION NO 33 SERIES OF 2008 A RESOLUTION APPOINTING JAMES WEEKS TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO
Mayor Woodward asked 11 there was any discussion There was none .
Vote results:
Motion earned
Ayes Counc,t Members Penn. Mccaslin, Moore, Woodward, Jefferson,
Wilson, Oakley
Nays None
9. Consent Agenda
COUNCIL MEMBER MOORE MOVED, ANO COUNCIL MEMBER McCASLIN SECONDEC TO APPROVE
CONSENT AGENDA ITEMS 9 (a) (f), (fl), 9 (b) (f), (II) and 9 (c) (f).
(a) Approval of Ordinances on First Reading
(I) COUNCIL BILL NO. 18, INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) ENTITLED
"LICENSING AGREEMENT REGARDING DENVER REGIONAL AERIAL PHOTOGRAPHY PROJECT"
BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS AND THE CITY OF ENGLEWOOD,
COLORAOO FOR THE CITY'S PARTICIPATION IN THE DENVER REGIONAL AERIAL PHOTOGRAPHY
PROJECT (DRAPP)
(11) COUNCIL BILL NO. 19, INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE APPROVING AN fNTERGOVERNMENT AL AGREEMENT (IGA) ENTITLED
"LICENSE AGREEMENT" BETWEEN THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT ANO
THE CITY OF ENGLEWOOD, COLORADO IN SUPPORT OF THE CITY'S USE OF STATE WAGE AND
EMPLOYMENT DATA
(b) Approval of Ordinances on Second Reading
(1) ORDINANCE NO 15, SERIES OF 2008 (COUNCIL BILL NO 11. INTRODUCED BY
COUNCIL MEMBER MOORE)
AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO,
ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING ANO ADMINISTRATIVE SUPPOR f IN THE
ENTERPRISE ZONE
(ii) .'.lROINANCE NO 16, SERIES OF 2006 (COUNC IL BILL NO 17, INTRODUCED BY
COUNCIL MEMBER MCORE)
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AN ORDINANCE GRAN !'ING A UTILITY EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO FOR •
INSTALLATION OF UN CERGROUND UTILITIES AT 2390 WEST WESLEY AVE NUE
( c ReSOluttons and Mottons
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Englewood City Council March 17, 2008 Page7 (1) The purchase of a replacement command pickup truck from Champ,on Ch•vrolet ,n lhe total amounl of S32.169 00 Vote results:
Mobon earned
Ayes Councd Members Penn, McCast1n, M00<e , Woodwal,f, Je ·erson, Wilson, Oakley Nays None
10 Public Hearing Items
No public hearing was scheduled before Cou ncd
1 t Ordinances, Resofutlon and Motions
(a) Approval of Ordinances on Firs! Read,ng
There were no additional lterrs submitted for approval on f~st reading (See Agenda Item 9 • Consent Agenda )
(b) Approval or Ordinances on Second Reading
There were no additional items submrtted for approval on second rea~,og \ -£9 t ;Pnda llem 9 -Consent
Agenda)
(c) ResolubOns and Motoons
(I) Mayor Woodward said Agenda Item 11 (c) (i), a recommendatoon from lhe Financr and
Adm,mstrative Services Oepanment to approve a resolution lransfemng funds from lhe General Fund's
Unreserved/ Undesignaled Fund Balance lo the Long Term Asset Res1. -ve, has been pulled from the Agenda
(N) Oirector Kahm presented a recommendation from the Public Works Depar1ment to
approve, by motion, an extension of lhe 2007 contract in the amount of $239,437 50 with A-1 Ch1pseal for lhe
2008 Cape Seal Project He said the 2008 construction season, the bme when we do mamtenM<:e on our
street and concrete elements of the Infrastructure, is rapidly approaching . This evening I actually have three
Items per1ainlng to construction contracts to perfonm maintenance on different sections of lhe infrastructure. At
lhis bme I would ask Counol to approve award,ng the contract to A-1 Ch,pseal In the amount of $239,437 50 I
should note lhat aggregate this year is up 17% from last year, emulsions are up 10%, so the untt pr,ce this year
Is actually 11.5% higher than whal we experienced last year, 1 basically the same product. As you may recall,
Cape Seal conS1Sls of a two step process The ,nltlal app1ic. n, in this instance, wm be half ,nch Ch1pseal and
that Is followed approximately three days later with a type II qua~er inch slurry seal. The cost of Cape Seal Is
about half of an asphall overlay, so there Is a substantial savings os also about 30% hl!jher lhan
maosurfac,ng, but this pa11M:ular tool in our maintenance box fills the gap between microsurfac1n9 and
expensive overlays It does provide a new wearin g surface: a quality seal that keeps tho moisture out of the
pavement and adds some structure. because by lhe bme you put lhe two layers down, It adds about 518 of an
Inch ,f thickness to lhe street One thing , as wa do have an in-hou se rotom,11, you will see us go ,n along the lip
lines and ta ke off approxima tely a half Inch, so that the new surface blends in with lhe concrete along the edges
He sa,d I would be happy to answer any questoos you m,ght have
Council Member Mccaslin said Is this primarily up and down Broadway? Director Kahm said no, actually in your
packel with each of lhese there IS a map ,n the back In this instance we are proposing Cape Seal thos year on
Oxford all the way from Clarkson to W1nderme1e, and on the Nava10 truck route lrom there south, to Tufts and
also on Englewood Parkway Thal Is a section where we anbclpated lhal we would have to overlay, bJt we
believe we can hold ,1 for a number of years w,th the C3pe Seal
Mayor Woodward asked of !here were any other quesbons
Englewood City Council March 17, 2003 Pago 8 Mayor Woodward said Rock . I m 1usI tl)'lng 10 understand The final producl Is app,oxImately 518 inch thick and Ihen under nnanc,al ,mpacl here Im seeing the conlracl proce lor 3/8 inch Cape Seat Are we mcreasIng lhe size? Direclor Kahm said yes. we are When I talked about lhe pnce Increase. there Is a little extra cost because we are going to the half Inch on those heav ily traveled roadways, so that aclually Is a bltle heavier secbon a llllle more rock, a llttle thicker Mr Woodward said okay Thank you
Mayor Woodward asked of there were any other questrons There were rrone
COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE
AGEl1DA ITEM 11 (c) (II)· AN EXTENSION OF THE 2007 CONTRACT IN THE AMOUNT OF $239,437.50
Win. A-1 CHIPSEAL FOR THE 2008 CAPE SEAL PROJECT.
Mayor Woodward asked d there was any drscussion There was none
Vote results:
Motion carried.
Ayes: Council Members Penn, McCaslin, Moore, Woodward, Jefferson,
Wilson, Oakley
Nays. None
(iii) Director Kahm presented a recommendation from the Public Works Department to
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app,ove, by mollOn, an extensron of the 2007 construcllOn contract on the amount of $390,995.00 with Thovtt •
Bros. Concrete Conlractors. Inc for the 2008 Concrete Ublrty Program. He said In th,s particular instance, we
will talk about concrete for a second Englewood's Concrete Ulthly Program was actually created back In 1997
and It has been an eflecI,ve way for us, on an annual basis, to maintain the C1Iy·s concrete ... whether It be curb
and gutter or sidewalk or concrete alleys. Because as we tal,ed about earlier In Sludy Session, many of the
original concrete alleys were built w,th six Inches oi concrete and It has been necessary to go back In and
replace many of those alley ~ections This program does perform the maintenance on an annual basis We are
asking that Counc,I approve the contract to extend the Thoutt Brothers Concrete Contractors contract, In the
amount or $390,995.00 Larry Nimmo usually handles these projects for us and was very successful this year in
negotiating, so even with fuel and material cost Increases, our average unit price Is only up 2.8% from last yea r
COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE
AGE NDA ITEM 11 (c) (Iii)· AN EXTEN!'ION OF THE 2007 CONSTRUCTION CO NTRACT IN THE AMOUNT
OF $390,995.00 WITH THOUTT BROS. COl;CRETE CONTRACTORS, INC. FOR THE 2008 CONCRETE
UTILITY PROGRAM.
Mayor Woodward asked ~ there was any d,:.c~ssion There was rrone
Voto resu lts:
MollOn earned
Ayes Council Members Penn, Mccaslin, Moore, Woodward. Jefferson,
Wilson. Oakley
Nays No11e
(rv) Dtrector Kahm presented a recommendation from the Public Works Department to
approve by mouon, an extensoon of the 2006 contract w1Ih Broadaway Holdings LLC ,n !he amount of
$744, '80 00 Jar lhe 2008 M,crosurfaclng Program . He said this wi ll be our final request to spend money this
uvenin~. It will be to award our m1cros urfaclng contract to Broadaway Holdings LLC In the amount of •
$744,180 00 This would be the second year of a three year polenllal extension on their contract It would also
reprnsent the 18" year that Broadaway Hotd,ngs has accornpf,shed our annual p<oject There are no
contractors ,n Colorado thaI perform this servoce As you will recall, In 2006 we went out on nabonal bid We
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Englewood City Council March 17, 2008 Pago 9 11'1\/lted conllaclOfS from Al1tansas M,ssoun. Utah. Cakforma and An,ona to dO our wor~ We actually had onty two sonous tMds and ,n that bidding process Broadaway Holdings of Mansas was again lhe low blC!der So we are cont,nuong 10 work with them Aga,n, we have aggregate cosls ,ncreasrng 17% over las! year and omuts,ons are up 10% and thlS 1s reflecting a 6 2% increase over our un,t price from lasl year COUNCIL MEMB ER OAKLEY MOVED, AND COUNCIL MEMBER PENN SECONDED , TO APPROVE AGENDA ITEM 11 (c) (Iv) -AN EXTENSION OF THE 2006 CONTRACT WITH BROADAWAY HOLDINGS LLC IN THE AMOUNT OF $744,180.00 FOR TH E 2008 MICROSURFACING PROGRAM.
Mayor Woodward asked of there was any discussion
Mayor Woodward said I have a comment. I think that thos Is a greal program for the Coty and, over lhc long
term, 11 has saved us a lot of money II Isn't pretty , but It ls very, very effective and I 1h,nk the City Public Works
Department. and engineenng staff and streets departmenl has worked hard on lh•s over the years And as a
citizen. I appreciate staff doing thal Dorec1or Kahm salCI thank you
Mayor Woodward asked rt there was any other discussloo There was none
Vote results:
Ayes. Council Members Penn, Mccaslin, Moore, Woodward. Jefferson.
Wilson, Oakley
Nays· None
Motion earned
Director Kahm said If I could, belore I step down, lel me alSo share on your paeket on mocrosurfacong, II the
very end of ii. there is also a list of streets that were proposed for this yea(s ovMay program and a map And I
will also share w,th you that you will notice the south end or Broadway is shown on that over1ay The Stale
finally re leased our median projects last Friday fo r bid, so we are out to bid . We are antlclpallng that lhat work
will be done on the medians by the nrsl or September and that will allow us to go ahe~d and overlay thot south
section of Broadway this fall. So we finally did get one or their projects through
Mayor Woodward said thanks RlCk
12 General Discussion
(a) Mayo(s Choice
(1) Mayor Woodward said I'd like to start w1lh lhe Go Green Committee. I'll let Rock get lo
hrs mike We had partocrpated .. ;twas either last yea, or the year before. over al Cherrelyn, I beloeve by
removing the gravel and doing some grading work. Is that correct Rock?
Director Kahm sa,d I believe that's true The street department was able lo go In and I think we provided
loaders and removed a lot or the pea gravel bed and hke. And I lh1nk we hauled a few toads away ror them, so
we provided In house services
Mayor Woodward said and as I recall, II wasn't a great burden finanoally II wa& using our equ:prnenl and usmg
our labor lo do 11
Director Kahm said I'd say that's true Our equipment 1s capable and I am nol sure that we spent lhat many
hours over there
Mayor Woodward sa id I would hke to propose that we again help the school system and Chartes Hay
Elementary w;th gethng a green area over !here by do,ng the same type of lhings we have done belore, such as
removing the pea gravel and domg the gradmg
Englewood City Council Match 17, 2008 Page 10 MAYOR WOODWARD MOVED , ANO COUNCIL MEMB ER MOORE SECONDED, TO HELP THE SCHOOL SYSTEM ANO CHARLES HAY ELEMENTARY WITH GETTING A GREEN AREA BY DOING THE SAME TYPE OF THINGS, AS FAR AS REMOVING THE PEA GRAVEL ANO DOING THE GRADING, AS WE HAVE DONE IN THE PAST. Mayor Woodward asked If there was any discussion or any comments. Councol Member Oakley said yes , I have a comment The City has had a long record of helping the schools,
when we can I can, in my mind, think of ten or twelve pl'Ojects, down through the years, that we've helped the
schools with And when we can . I think we should
Council Member Penn said I agree with Wayne I think we should continue to help the sehoofs I think we
should look at the future projects and some of the other elementary school s Possibly have Charles Hay come
baCk and see ff there is anything else we can do II won't cost the City a lot of money, but there are things we
can do to help them and their program to keep It going forward.
Council Member McCaslin said I app,eciate all or the worn you guys have done over there My wife Is the
principal at Bishop and she wants grass too, but she doesn't have quije the support that you guys have and we
appreciate it In llstenlng to the other Council members, It appears you do have our support down the road, not
only for Charles Hay and Cherretyn, but for all of the other schools that may come before us requesting our
help , And I t .. lnk that's what we're working for, a cooperative tool between the schools and the City and we can
help each ~-,:rout So It's not a burden on JUSI one entity .. we can help each other out where we can. Thank
you
Council Member Jefferson said I Just want to th,nk them as well for addressing this Issue. It came up when I
was campaigning In that neighborhood ... what an eyesore rt was. I applaud you folks for finding alternative
sources of revenue to help our schools Thank you
Mayor Woodwa rd asked ff there were any other comments There were none
Vote ,esutta:
Motion carried.
Ayes: Council Members Penn, McCastln, Moore, Woodward , Jefferson,
Wilson, Oakley
Nays: None
Mayor Woodward said thank you for the time you spent on this and the presentation
(R) Mayor Woodward said I want to mention that the National League of Cities trip to
Washington was a success for me ... particlpatlng In the classes, the workshops, the networking with local
officials from the State of Colorado and officials lrvm othe! cItIes across the country We also had the
opportunity to lobby Senator Allard's staff, meet wtth Senator Salazar and Ills staff, and lhe staff from
Represent 3t1ve DeGette's office I think I have now recovered from the time differences II took me unbl this
morning to do that I believe our youth members receNed value from their expenence al the conference an,j tho
s,ghtsee1ng and the lobb)'lllg Other cities commented and commended Englewood for hav1119 this p,ogrnm ,n
place lor students In fad. we had a request from some other cities for information on what we do and how we
dolt
(111) Mayor Woodward said in our packet we received an email from Lynnette Heidnck,
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regarding cu'ting the price for the last two hours at Pirate's Cove. I think this Is a great Idea for working people
who are able to utilize those last two hours and for famllles. So, I believe that Parks and Rec Is taking a look at
this and working on this. I think this Is exactly one of the reasons that we looked at Pirate's Cove and did that •
bond Issue This Is what we were trying to accomplish back 1o1 2001, so I've asked Gary to make su re that we
are following up on thaL
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Englewood City Council March 17, 2008 Paye 11 (IV) Mayor Woodward said also on oll' par.kel was lhos pubhc affan advosory reg•'---"; pharmaceuloc.als. personal care products 111 drmkong waler qnd envoronmenlal lmpacl And I would as• a~ , Council requrst. for a report rega rding how this affects us with our water II was very interesting whea ' •is came out II was wnue we were on Wash,ngion and I was llstenoog lo other Council members and Mayors, ac. tney were gelbng phone calls from back home asking lhem questions about their waler supply and stuff So I lhln~ l hos ,s something lhal we, as Council members need to understand su when our consfituenls ask quesloons , we can answer lhem
(v) Mayor WO<XMard said we hue as of Fnda_t. completed the sale of som& pre .cfl\• to
RTO, down near McClel,an Res"rv~ir. on lieu of condem.-.alion and Gary will speak to that later
(1') Council Members' Choice
(I) Councd Member Penn ,
,. He encouraged the people from Charles Hay to keep going I want to make sure you Involve us a llttle
more
2 He said regarding Barb Bowman's concerns we set our poonbes as weeds. snow removal and than
timeliness. I think that we. as a City Council, need lo 'oak al, and pul more Importance on, the timeliness issue
I don 't think we do a very good Job With lhal That should be brought back up and hopefully she does come to
wr meet,r.g tomorrow night
3. He said our transportation meebng got over earfy, so I was able to attend lhe library's presentation on a
tour of Italy. II was an excellent presentation If you have a chance. go lo some of those presentations that the
library Is putting on. Make sure you do that
4. He said lo the Englewood Communlty OevelOpment Department. our update Is exrollent I love rt and I
love the new format and hopefully they continue w,th that
5, He sa id I was al the Elks Club the olher night and we had Detective Bobble r-.. , rett recognized as the
Police Officer of the Vear for Iha Elks Club Congralulahons to her I wanted to mltk<' sure to congratulate her
again
6 He said our trip to Washington O.C was an excellent trip and I thank Ga;y and Sue for selling
everyth ing set up for us It was very timely and we were where we needed lo ,o, except maybe for lhal last taxi
nde, but we gol there and thank you for dou,g all of that work for us.
City Manager Sears said I w1" pass that along to Sue, sha worked really ha rd and she did a great Job
(11) Council Member McCas lln said I allended many sessions education. immigration,
confllci and dealmg with difficult people I went to about rove d1fferenl meet•ogs and have come back wilh quite a
bot, but I have lo s,I and digest ,1 for about a month before I realty report on ,1 o implement tt So, thank you
Gary and Sue for helping us
(111) Council Mamber Moore said I WOUid toke to JUSt acknowledge tha t I conhnue to struggle
to undetstand more about our Code Enforcement process. We had a noce Study ScsSIOn on It a couple weeks
ago, but on a Council request thls week, you'll see a number of issues that I raised to try to Just get a belier
handle on why these things aren't surfacing, why these things aren't taken care of None of those were things
that Just occurred I lelt that they were lhlngs that I had personally watched for some tme and then tonight to
have l~s Bowman, obvlouSly , relay some of the same conce rns . Just as a side note, that worked out well with
the trash discussion we had In Study Session I heard both Coone,! Member Wdson and Ms Bowman make
comments about trash s,ttrng out and not being taken care of We have to at least assume that this Is current,
as our I/ash Is required lo be stored tn covered trash containers, so the v,otatron 1s very c lear and simple So I
!honk ,t Is apparent lhat Counctf very much wants to address th•s matter and make sure th at there ,s not a belier
Englewood City Council March 17, 2008 Page 12 way we need to hnd a better way to address these issues I don I hear one Council member saying Iha! our City Is perfect. leave It atone So. l'o11 not sure how we 'll get lho,e but I'm Just acknowledging thJI It ,s something lhal we need lo c:cntinue lo work hard at and find ways IO address 1I Thank you Mayor Woodward said thank you John (iv) Council Member Oakley
1. He said I, loo, was going lo address lhe Pirate's Cove issue and you've already t aken care or thal
2. He said I was also going lo address lhe pharmaceulleals In lhe water supply and stuff Even though
three or us serve on lhe Waler and Sewer Board. This has not come up as a s,ngle IopIc, I think Siu has
mentioned It. bul I wou ld like to hear rrom Sitt as lo where we're going to go w,Ih lhal, In case we do have 10
answer questions about ,L I'd like lo hear a ltltle bn more on lhal
3. He said I loo would hke lo comment on lhe Nallonal League or C11tos Conference. II ,s an experience,
certainly When you go lo the hill, and meet wilh Senators, and Representatives of the House and know that
there is no way lhat you would ever be there unless you were represenltng a City such as ours It Is a good
experience. You kn.,w lhat you at least say what you think your community needs llfld what they can do with n
from then on is certainly is up to them, but at least you know when you come back. that you have had your say.
I appreciate the opportunity I was given to ,·ttend
Mayor Woodward said thank you Wayne.
(v) Council Member Wilson :
1 She said I wanted to say that this was my first trip 10 D C and It was very impressive Salazar
mentioned and ta lked about our City hke he knew lt...so lhat was very reward,ng The enormity of the machine
Is unbelievable. I enjoyed it immensely. I enjoyed the workshops and the seminars In one of my seminars,
one of the big issues With other c;,ties was off-leash dog parks and how do you gel one So, ft was like, o:, my
gosh. A gentleman from Savannah said that some people from Colorado moved there and oo,, they want a dog
park and he was like, what Is up with this? So, I told him about the dog park, gave him !he web sfte, told him
how ~e had gotten very Involved with IL So. that has been passed on. She said also al the meellng there was
a lol c.f talk about green and the sul>-pnme lending and how that's go,ng 10 tockle down I don't know ,f we've M
our end or we're going 10 get a couple more cycles and thars a conc:em
2. She saJd I am very much ,nto getting Englewood cleaned up I think ,t Is an issue
3. She said I also want to let people know, on the Counc;I, that the builder's meetirig Is tomo11ow al nine
and tha t will be in Community Development I've ta lked with Steve King and he has some new people coming
forward and I lhink, at lhis meeting, we are going to be talking about lhe Englewood Homes on Pmade or tho
Parade of FnglewDOd liomes So, I just wanted to let everyone know
Mdyor Woodward said !hank you
(YI) Council Member Jefferson
He said I wanted 10 thank Frank Eakins ror Informing us of his s,tuollon and I hope we comr lo some
resolution there
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2 He sa,d as far as Ms Bowman's comments, I do agree, generally, some of the City does 11eed 10 be
cleaned up I guess I would encou rage her .. as most of lhe complaints she had , we already do have •
ordinances on lhe books restricting that kind of thing with trash and some ol the other complaints that she
made It ,s my understanding, w,th some of the Code Enforcement th,ngs that sometrnes the squeaky wheel
gets the 011 so I would encourage her to follow up They seem more than happy lo follow up on all complaInts
• Englewood City Council March 17, 2008 Paga 13 that are made and you can even follow up and see ,r achon has been taken So, 1hat rs what I would generally sla~ w,th . at least J He sa,d as rar as NLC. I w,n agree thal many ol the worl<shops were very mlOllllallVe The networlong w•s :,1rrty va!uable, and our youth members were great I do think we need lo evaluate how we fund 11 or you k .,. • ~ we need to pocentially look at laking turns or someth,ng I'm really not sure . but I'll Just make thal corrn,,,nt Thank you
13 City Ma nagofa Report
(a) City Manager Sears satd I'd hke to thank Counci ror theor pahence and , also. I especially want
to 1·1.. . Mike Flaherty, Rick Kahm. Frank Gryglewlcz and the EMRF Board ror the negotiations fmahzmg the
agroo, ent with RTD. This Is a major success ror ll'le City ... l or the future ol the City, l rom a funding viewpoint
1\1so. t, m the RTD viewpoint. to have the hght rail slation there will be a benefit lor them . And this will have
major ramifications for our finances tor many, many years to come. On Friday we received , at the closing.
S3,19J,817 50 and It was deposited There will be a communicatlon ... as Frank mentioned at the Study
Sesslon ... back 10 the Councll regarding the placement or these funds on the April 7"' meeting And, again, I
w.l·•t to say thanks 10 Mike , He struggled through some really hard hilting Issues w,th Susan Altes with RTD
Than k you.
14. City Attornoy'a Report
(;ity Allorney Brotzman did not have any matters to bring before Council .
• 15. Adjournment
DWARD MOVED TO ADJOURN. The meeting adjourned at 8:41 p.m.
**************"n. ! LeNi■I eff •.. ! ·. . . * ......... *' ••. ! ■IIIDINI tner: !•••• *************** Tab me out ID die l>al _... •. -mo ou< ID die a-d. .. buy me_,,.,,_..,., and aodo,,jodcs ••• l don l <ml! /f l ffOI' f"C ba6.. .. ond il"s ,-. ,-. .-(or die home t20m •• ..fdleydonl...., k's o ~ •• oa il"s I, 2. 3 Sl7il<n ,.,.tee""'-··"' die or 1>a1 ,..-ne. Anda-...... itwlllNI
~ Youdl Spo,u Auodadon Is
hostins die lOOl -l'lalnl "-If-al -
lludt Ul4 -Ul6 Gwrs Softt,all T-
Ju!J 17 -20, loot. rill>< i-... kl our own back yanL
We will be utilil:irc o-,y Miller (Sad & )elhnon).
Belleview Park (Bellr,lew & Ina), Brent Mayna and
Spencer Field (off of Union. .,__ Same Fe and fed.
eral) u we wor1< our -y lhrou&h pool play and dou-
ble eliminalion mumament for 16 r.eams.
These teams consist of pb)'WS and coaches chat have
been seleaed noc: only for meir cuaandlrc sldll level
but .J.o <heir exemplary ~P-The M-
l'Wns R..,;on ls made up of~ Iowa. Kanus.
Minnesoa. Missouri. Nebrulca. N-.orn, Dakota. and
Sou<hOakca.
wtry are -seMlnc you this 1eaer you uk!
W e!L _,_your help. T.,..,..,,...... lib dN< OfM""
ue on donalions of dme -money !rem local lndl-
Yiduob and~ We hr,,,e done the modi and
alaJlaced -if_., &w-o<>d business concribumd
$10.00 -would.--°"" coots.
Jurt TEN DOU..AltSI
•• •• •• • • • •• • ·•. •• ·• . • IWIWPiiDM ___ ........ _ ................. -....
-.. whtt any traYeler, our fantiUes and fans will require the services of the
Enpwood business community. -.. part of your advertisement you may want
to Include a coupon for "free .. or "discounted'' goods or services. During the
courM of die ~ our announc.rs will highlia,,t these coupons and
ale dud: our ..,._,. patronize your establishment.
...... , • .,". "··-................ II ....... llrl'I , ....... r-■r ■l ■HI
• ....... ...... . • • • • Cower••• Tbe Cost of field p reparation $25.00 per
field per day.
Cost of hosting Regional Tournament
$2000.
Cost of umpire service for 33 games
$3300
Cost of memories and friends for a life-
time : Pr iceless !
Please help make ~he 2008 Hid-
west Plains Regional Babe Ruth
Softball Toumament a homer-uni • • • • • • • . • • . • • • • • . . • • •
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Balls anti SG'fkes .................. ,. .............................. . Fo,-furthe,-inform.ation please cont.,.ct Toumament Directors: Ula owninc (303)781-2649 And
Judy Blanscet
(303)918-6809
Donations should be made payable to
Gi,-ls Softball
Memo Lioo; Softball Toumament
Malling address:
Girls Softball
P .O. Box 1145
Encfewood, CO 80 I SO
On behal( of the Enflewood Gris So(tball
Prorram. Thank You for your support.
r·····································tJ11..:,.·i . . . . . . . . : On Deck: : Enalewood Girls Sofflltall ...... -···· -i •••••••.•••••••.•.....•.••.•.••.•. 2001 Nidwese Plains Re9jonal Balte Rueb
u 14 and U 16 Girl's
SoHltall Tournamene
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July 17 -20
Summer 2108
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;::, I), 11 ✓, .J II I I I 21 t"6(.'t'T -,-.IC •:✓, / f i I j.:,t•,~ At ut:' Dc£u1 n,J Heqc11 1fr LX,uJ,1111
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l'R O CL AM A T I ON Wllf'REAS, 111 1872 J. Stcrhng Mmion proposod 10 1hc Nchrnsko llonrd of Agricu lture that a special dny be sci aside forthc planting or trees; aod
WHEREAS, this holiday, called Arbor Day, was first observed with 11\c planting of more than
a million trees in Nebraska; and
WI IEREAS, Arbor Day is now observed 1hroughou1 Lhe United States and Lhc world; and
WH EREAS, trees cnn reduce the erosion of our precious topsoil by wind and waler, cul
heating and cooling costs, modc:rale Lhe lcmpen,ture, cleao Lhc air, produce oxygen and pro'"de
habitat for wildlife; and
WHEREAS, trees are a renewable rCSO\lrce giving us paper, wood for our homes, fuel for ow
r.rcs and countless other wood products; and
WHEREAS, trees in Lhe City of Englewood increase propeny values, enhance the economic
vitality of business areas, and beautify our conununity; and
WHEREAS, trees, wherever Lhey arc planted, are a source of joy aod spiritual renewal; and
WHEREAS, LhcCity c i~glewood, Colorado has been recognized ror 23 consecutive years
as a Tree City USA by The National Arbor Day Fo undnlion and dc~ires to continue its lrce.
planting ways; and
WI IEREAS, the State of Colorado will celebrate Arbor Day 01 April 181h, 2008;
NOW THEREFORE, I, James K. Woodward, Mayor of the Cily or c11glcwood, Colornd~,
hereby rCCOb'lliie
ARBOR DAY
,n the City ofEnglewood, Colorndo, and I urge nll Englewood citi,.cns to suppon cITorts lo care
for our trees nnd woodlands and 10 support our City's cITorts to protect our trees and woodlands.
Further, I urge nil Englewood citizens to plonl trees to gl11ddcn th<' hcurts and promote the
well bemg of prs'SClll and future ~encrations.
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8b t~ PROC'IA~IATION ~ ~ l\'lll·Kl·.AS. fnr more thJn 70 ye,,,. :I hJs b,-cn the pohcyofth,;nohon, under die IJS. ll uusmg ~ ,, Act 10 rromotc the gcnrn,1 welfare ol' the nahon b) employing,,_, fund.< ond cr<dll 10 a.ssi>t the ~,·eml m1c, and thetr pohur■I subd1,1S10M to rrmcdy the unsafe 3nd unsanitary hou.~mg conJlttom and the ,cult ,huno;< of dccau, .,r, and <an11nry dwrlhngs for fom,h e; of lnv.'Cf mcomc; ond
\Vfl ERE,\S, o.cordins 10 1hc "Sla<c of Nniion '6 I lousing" rcpon I S.6 million household< now pay more
lhan half of lhc,r iocomc fer housing, and on any ~•••n nigh~ tl,erc arc nearly 75:1,000 homeless na1ionw1de
and up to 3.5 m,lhon ;,et10n.< who experience homelessness at some poinl lhrooghout the year; and
WllLRf"'5. according to the National Low,lncamc Housing Coah11on·• "llutofRcac:h" rq,on,
nurumum wa&• camcn arc wuble 10 offard even a one-bedroom home anyv.i,,re in tl,e country, and 88'/4 of
renters in cnics hvc in areB.S where the fa ir morkct rcnl for a two-bedroom rtn1al i.s not affordnble even w,lh
two minimum wage Jobs; Md
WHEREAS, pubhc housma ,. home ta O\'Cf 2 million people, more than 40% of whom ore children. and
cumndy n:cc1\'CS federal fund1111 at less than 82'/4 of need for ongoina operation, and faces an cs1inla1ed
SI 8 billion• $20 bilhon backloa m capi1al repairs; and
WHEREAS, the Cil)I of Englewood, which hat, over a period of 30 yeors, addressed affordable housing
and wmn1wu1y dovclopmcnl nccd.s and has b«n su.oc:ssful in doin& ao 11.1mg a combinalion of local, •tale
ond fcdcral rc:sowta hcrchy cndoncs lhc Housmg Amcnca Campaian, 11> goals, obJCCUVCS and purposes
and in 10 doma recommits 115Clf 10 meeting lhc affordable housing and community development nc<ds of
Englewood; and
WIIERAS, the National Al,,ocinlion of Housi ng and Redcvc lopmcnl Officinls; Mons•&• Bonkers
Associ11jon; Nation.11 Assocu11lon oH1ome Builders; Nalion:il Association of Realtors; National Council of
Swte Housana Agcncic,; Nouonal League of Cities, Pubhc Hou'1n& Aulhonhcs Directors A&sociation; and
U.S. Coafcrcncc of Mayors art united in an e!Ton to r11sc public awareness oflhc 1111poruncc of .0-ordable
housmg and comrrrunil)I dc,·elop~n, prognanu and rosourccs; and
WHERF.AS, lhe aforementioned groups have dcclored April, 1 lousmg Arnone• Mon1h. pan or a ycJJr·
long, nolionol campo,gn lo infonn tl,c public and decision makers ofd1c cnricol need to addrc~ the nation's
housing and community development concerns:
NOW TI IEREFORE, I. James K. Woodward, Mayor of the Cuy of blglcwood. Colorado, ll<f<by
proclom11he month of Apr!~ 2008 as:
HOUS ING AM~'.RICA MONT II
1n lhc Cuy of l,nglcwood, Colorido. I urge oll l'n~lcwood cll17A'IL< to'""'' their aworcnc,;., of 1hc
mlf)Ortan<< or offorJ1ble 1""'51ng and community development need• and fCSOt1JCCS m lhc C11)1 of
Engl.,._J
GIVFN under my hand nod seal this 7th dny of April. 200 8
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Jame, K Woodward, Mayor
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COUN CIL COMMUN ICAT ION Date: Agenda It em: Subject: April 7, ~008 9 a I IGA with DRC'OG for FY07 Miscellaneous Equipmen t P11.-chase Initiated By: I Staff Sou rce:
Department of Public Worl<s Rick Kahm, Di ·ector ol Public Works
COUNCIL GOAl ANO PREVIOUS COUNCI L ACTION
City Council approved a Bill lor a,, Ordinance in 2005 to enter Into an agreement witl, the Denver
Regional Council of Governments (DRCOG) to al low DRCOG to reimburse the City ol Englewood
lor miscellaneous traffic signal equipment.
RECOMMEND ED ACTION
Staff requests th,. ':ity Council adopt a Bill for an Ordinance to enter into an Intergovernmental
Agreement (IGA) v Ith DRCOG for 2007. This IGA will allow ORCOG to reimburse the City of
Englewood for,' !"•I iystem equipment purchases in the a-nount of $24,000 related to the FY07
Miscellaneous,,, ,,,,men t Purchase progr.m.
BACKGROUND, ANALYSIS, ANO ALTERNATIVfS IOENTIFIEO
The Traffic Engineering C'vision ol Public Works submitted an applic,.t:on to DRCOG for
miscellaneous equipment purchase~ through the FY07 Equipment Purchase program. DRCOG is
responsible for monitoring and administering this Federal program. Program applications are
reviewed and scored by DRCOG based on previously set criteria. Englewood has been awarded
$24,000 towa rd th e purchase of miscellaneous tralnc signal equi pment which Includes tralflc signal
cabinets and UPS systems from the 2007 allocation of funds.
This program covl!rs equipment purchases only, with equipment installation completed by C,ty staff.
These Improvement, should enhance co mputer tralric system control along the Broadway corridor.
FINANCIAL IMPACT
TI,ere arc no flnanclal obligations for the City other than providing funds u11 front for the Pqu lpment
purchas~s, wl1ich are later reimbursed to the Chy. Adequate lunds are available In the
Transportation System Upgrade account and will be credited b,lCk to this account with the
reiniburll!ment of Federal lunds by DRCOG .
UST OF ATTAC HM ENTS
BiO lor an Orrlinanu•
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ORDI A CE 0 ERIES OF 200 BY AUTHORITY A BILL FOR COUNCIL Bill 0 . 20 INTRODUCED BY CO 'CIL MEMBER ____ _ AN ORDINANCE APPROVING INTERGOVERNMENTAL AGREEMENT (IGA)
ENm1.ED "COITTRAcr BY AND BETWEEN nm DENVER REGIONAL COUNCll.
OF GOVERNMENrS (DRCOG)" FOR REIMBURSEMENT TO THE CITY OF
ENOLBWOOD, COLORADO FOR MISCELLANEOUS TRAFFIC SIGNAL
EQUJPMENT.
WHEREAS , DRCOO received U.S. Depanrncnt ofTransponation Congestion
Mitigation/Air Quality (CM/AQ) funds through lhe Colorado Department of
Trnnspono1ion (COOT) to cany out traffic signal system improvements and purchases In
the Denver metropolitan region ; and
WHERUAS, ORCOG desires lo engage the contractor for lhc purchase of
mlsccllancous traffic signal equipment consistent with the Traffic Signa l System
Improvement Program; ond
WHEREAS, the City of Englewood subrniltcd an application to DRCOO for
miscellaneous equipment purchases through the FYO? l:;iuipment Purchase Pr,,grnm; and
WHEREAS, ORCOO is responsible for monitoring and administering this Fcdcml
program;and
WHEREAS, lhc City of Englewood ha.s been awarded $24,000 towards 1he purchase of
miscellaneous lnlflic signal equ1pmctU which includes traffic signal cabinctS and UPS
syslcms for 2007; and
WHEREAS, lhc passage ofthis Ordmance awhorizes lhc imcrgovemrncnial agrc:cmcnl
allowing DR COG lo reimbunc lhc Cily of Enalcwood for miscellaneous 1m1Jic signal
equipmcn1;
NOW, TIIEREFOIU,, BE IT ORDAINED BY THE CITY COUNCILOFTIIECITY OF
ENGLEWOOD. OLORAOO, AS FOLLOWS :
~-.• t:11y Council of Englewood, Colorad". hereby authorizes an
inu:rgov1.'lllll1<.'llln l agrccmcnl (IGA) cnlitlcd "Conliacl b) .lnJ Between the Denver
Regional Council of0ovcmmcn1s (DRCOG}" for reimbursemen110 the Ci1y of
Englewood. olomdo for mi cclloncous lrnffic signal cquipmcm, a copy or which is
nuachcd hereto os Allachmenl I .
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CONTRACT BY ANO BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS ("ORCOG") 1290 Broadway, Suite 700 Denver, CO 80203-5606 and
CITY OF ENGLEWOOD
("CONTRACTOR")
1000 Englewood Parlcway
Englewood, CO 80110
Project Number 543007 Contract Number EX08012
RECITALS:
A. DRCOG has received U.S . Department of Transportation Congestion Mitigation/Air
Quality (CM/AQ) funds through the Colorado Department of Transportation (COOT), to carry out
traffic signal system Improvements and purchases in the Denver metropolitan region.
B. Authority exists In the law and funds have been budgeted, appropriated, and
otherwise made available and a sufficient unencumbered bdlance thereof remains available for payment.
C. DRCOG desires to engage the Contractor for the purchase of miscellaneous traffic
signal equipment consistent with the Traffic Signal System Improvement Program adopted May
2007 and further described In this contract and Exhibit A.
D. The Contractor agrees to comply with ail relevant provisions of the OO!)tract between
DRCOG and COOT, lncorpo"llted herein by :elerence and made a part of this cdntract, as If
My set forth , in lhe monlloring and adminislration of lhis contract.
NOW, THEREFORE, II ls hereby agreed that
1. PURCHASE OF THE EQUIPMENT
a
b.
General Requirements . The Contractor shall administer and purchase the
equipment as depicted in atlached Exhibit A, which Is made a par1 of this
contract, In accordance with Title 49, Parts 18 ;nd 19, as appropriate, of the
Code of Federal Regulations regarding uniform admlnistralive requlremenls for
stale and lac.ii governments and olher non-profit organizallon~.
Submlssjons or Proceedings, ConIracI, and Other Documenls . The Conlraclor
shall submit to DRCOG all dala, reporls, records, contrac ls, ar,d olher
documents collecled and developed by lhe Contraclor relaling to the projecl as
DRCOG may require The Conlraclor shall relain Intac t, for lhree years following
proj ct closeoul , llll r.on lracl documents, financial records, and supporting
documen ls .
A ·r ·r A C If .1 P, .~ T l
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ORDINANCE NO. SERIES OF 2008 BY AUTI IORITY A BILL FOR COUNCIL BILI, NO . 20 INTRODUCbD llY COUNC IL MEMBER ------AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA)
ENTITLED "CONTRACT BY AND BETWEEN THB DENVER REGIONAL COUNCIL
OF GOVERNMENTS (DRCOG)" FOR REIMBURSEMENT TO THE crrv OF
ENGLEWOOD, COLORADO FOR MISCELLANEOUS 'llW'FlC SIGNAL
EQUIPMENT.
WHEREAS, DRCOG received U.S. Deparuncnt ofTrnnsponalion Congestion
Mitigation/Air Quality (CM/AQ) funds lhrough the Colorado Dcpartmem of
Transponation (COOlj 10 cany ou1 traffic signal system improvements and p·irchases in
1hc Denver metropolitan region; nnd
WHEREAS, DRCOG desires 10 engage the contractor for the purchase of
miscellaneous traffic signal equipmenl consistcnl with lhe Traffic Signnl System
Improvement Program; and
WHEREAS, the City of Englewood submitted an application to DRCOG for
miscellaneous equipment purchases through the FY07 Equipment Purchase Program ; and
WHEREAS, DRCOG is responsible for monitoring and administering this Federal
program; and
WHEREAS, the City of Englewood has been awarded $24,000 towanls the purchase of
miscellaneous traffic signal cqu1pmen1 which includes traffic signal cabinets and UPS
syslems fo r 2()1)7: and
WHEREAS, 1he passnge of chis Ordinance authorizes the inl \:rgovcmmcntal agrccmem
allowing DRCOG 10 reimburse lhc Ci1y of Englewood for m;&cellaneous traffic signal
equipmenl;
NOW, THEREFORE, BE IT ORDAINED BY THF ..:ITV COUNCIL OF TllE CITY OF
ENGLEWOOD, COLORADO. AS FOLLOWS:
Seciion I. The City Council of Englcwc;od, Coh~,do. hcn:by nu1hon1;:s an
intcrgovcmmcmal agrccmcnt (IGA) cnlltled "Contmt · · , ' -er lhc Denver
Regional Council of Governments (DRCOG)" for rci, , Cily of
Englewood, Colorado for misccllnnrous traffic signal -'IL 111, .,py of winch 1s
allochcd hereto as Allochmcnl I.
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Secunn 2. The Mnyor 13 hereby authon,cd to sign and the City Cieri. lo nllc>t 5:ltd intC'l,'Ol'emmental ngrcemcnt (KiA) cnlltlcd "Contract by and Ue111 c:cn the Dttwc~ Regional Council of Gol'cmmc~lls (O RC:OG)" for and on behalf of the ~tly of Englewood. hllroduccd, rc.,d in fu ll, nnd passed on fi rst reading on the 7th day of April, 2008. Published as a Bill for an Ordinance on the I Ith day of Apn l, 2008.
ATTEST:
James K. Woodward. Mayor
Loucrishia A. Ellis. City Cleric
I, Loucrishia A. EIits, City Clerk of the City of Englewood, Colorado, hcrcb, certify that
the above and foregoing is n true copy of a Bill for an Ordinance, introduced, read in full,
and passed on first reading on the 7th day of April, 2008.
Loocrishia A. Ellis
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CONTRACT BY AND BETWEE N THE DENVER REGIONAL COUNCIL OF GOVERNMENTS ("DRCOG ") 1290 Broadway, Su,le 700 Denver. CO 80203-5606 and
CITY OF ENGLEWOOD
("CONTRACTOR")
1000 Englewood P,,rkway
Englewood, CO 80110
Project Number 543007 Contract Number EX08012
RECITALS:
A. DRCOG has received U.S. Department of Transportation Congestion Mitigation/Air
Qua lity (CM/AQ) funds throug h the Colorado Department of Tra nsportation (CDOT), to carry out
traffic signal system Improvements and purchases In the Denver metropolitan region.
B. Authority exists In the law and funds have been budgeted, appropriated, and
otherwise made available and a sufficient unencumbered balance thereof remains ovallable for
paymenl
C. DRCOG desires lo engage the Contractor for the purchr.se of miscellaneous traffic
sig nal equipment consistent with the Traffic Signal System Improvement Program adopted May
2007 and further described in this co~lracl and Exhibll A.
D. The Contractor agrees lo comply with all relevant provisions of the COIJ.lracl between
DRCOG and COOT, Incorporated herein by reference and made a part of this cdntract, as If
r, illy set forth, in the monitoring and administration of this contracl
NOW, THEREFORE, 11 ls hereby agreed that
1. PURCHASE OF THE EQUIPMENT
a, Genera l Requirements. The Conlractc,r shall administer end purchase lhe
equipment as depicted in attached Exhibit A, which is made a part of thi s
contract, In accorda nce with litle 49, Parts 18 and 19, as appropriate, or the
Code or Federal Regulations regarding unWorm administrative requirements for
state 311d local governments and <>lher non-profit organiza tion~.
b. Submissions or 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 lo the project as
DRCOG may require. The Con tractor shall retain intact, for three years following
project closeou t, all co ntrac t documents, financial records, and supporting
documents
A T T A C II :1 E '" T l
C. Award of Contract This contrac t 1s awarded to •~e Contra ctor ba~ed upon the Contractor's proJect application, which provides that the Contractor be responsible for all expenses associated with acqu lnng, l11stalllng, operating and ma intaining the equipment, excluding the actual pur1. ,.se cos t of the equipment. Conlr~ctor agrees thol Contractor staff and subcontractors engaged in such will nl"': be reimbursable as part of this agreement. d. No DR COG Obllga lions lo Third Parties. DRCOG shall not be subject to any
obligations or habllilies to any person not a party to this contract In connection
with the perfom1ance or this project pursuant lo the provisions of this contract
without its specific written consent. Neither the concurrence In, or approval of,
the award of any contract or subcontract or the sollcitahon thereof nor any other
act p:mormed by DRCOG under this contract constitutes such consent.
2. ACCOU NTI NG RECORDS
a. Account$. The Contractor shall establish and maintain as a separate set of
accounts, or as an Integral part of Its current accounting scheme, accounts for
the equipment purchases lo assure that funds are expended and accounted for
in a r.,anner consistent with this contract's agreements and objectives.
b. Funds Received or Made Avallab le. The Contractor ohall appropriately record In
the account all reimbursement payments received by il from DRCOG pursuant to
this contract.
c. Allowable Costs . Expendi tures made by th e Contractor shall be reimbursable as
allowable costs to lhe extent they me0 t aU of the requ~ements set forth below.
Such e,tpenditures must:
1) Be made In conformance with the descriptlon , budgel, and all other
provisions of lhls contract.
2) Be necessary ror the accor1pl ishment of this conlracl , and reasonable in
the amount of goods and I ervices provided.
3) Be actual net cos ts lo the Contractor (I~-, price paid minus ary refunds,
rebater, or other Items of value rer.elve,! by Contraclor that have the
effect of r8'1u~lng lhe cost actually in~" • J).
4) Be Incurred ror equipment purchased o as described In Exhibit A, aner
the date of this contract.
5) Be trealed uniformly and consistenUy under generally accepled
accounting principles.
6) Be In conformance with the standards for allriwabillty of costs set forth In
Office of Management and Budget Circulars No. A-122 or A-87, as
appropria te, regarding cos t prlnci;iles for nonpront organizations and
state and local governmen ts .
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d 00cumenta11on of Co~ts lnvo,ces, cOI'' lets, ,,d/or vouchers detailing the nature of the charges Shall supp0r1 all equipmen t purehase costs charged :o this contract. e. Cherk~. Orders. and Vouchers . Any check or order drawn up by the Contractor l'Alh respect to any item which is or will be chargeable again st this contract will be drawn only in accordance with a properly signed voucher then on file In lho office of the Contractor, which wilt detail the purpose for which said check or
order is drawn. All checks, payrolls, Invoices, contracts, vouchers, orders, or
other accounting documents pertaining in whole o• In part to the project shall be
clearly identified, readUy accessible, and, to the extent feasible, kept separate,
and apart from all other such documents.
f. Audits and Inspections . At anf l,me during normal business hours and as often
as DRCOG, CDOT and U.S. C. ;>artment of Transportation (hereinafter,
•usDOT"), and/or the ComptrollAr General of the United States may deem
necessa ry, there shall be made avollable to DRCOG, CDOT, USOOT and/or
representatives of the Comptroller General for examination, ~II records with
respect to all matters covered by this contract and the Contractor will permit
ORCOG, COOT, USDOT, and/or representatives of the Comptroller General to
audit , examine, and make excerpts or transcripts from such rl'::ords, and lo
make audits of all contracts, Invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters COllerBd by this
contract.
3. TIM E OF PERFOR MANCE
This conlr3cl shall commence upon execution and shall •ixplre March 31, 2009.
4. COST OF EQUIPMENT PURCHASES
The cost for equipment purch;ises In which federal funds afl particlpal•'l9 shan not
exceed $24,000 (Twenty-Four Thousand Donars).
Tlie Contractor agrees lo provide all lnstallallon, operation and maintenance of the
purchased equlpm t!nl al Its expens ...
5. REQU EST FOR PAYMENT BY THE CO NTRACTOR
a . ~-OR COG shall reimburse the ::..'<!tractor up to $24,000 (Twenty-Four
Thousand Doitars) for the purch:-.se of tratfic signal equipment as des~bed in
the allached Scope of Se:'llk JS
b . Efil'.m.l!!:ll. Payment shall be made on the !allowing basis: Aller receip; Jf th e
equipment, the Contractor shall .~ubmil the in voice to the DRCOG Accounting
Depa rtment ior reimbursement. ORCOG will incorporate t he Invoice into lls next
bill to COOT. Upon receipt of paymtint fror,1 COOT by DR COG and upon
ven ::cation by ORCOG that the Col:traclor h1s installed the equipment and that
the equipment is opera~,g as intended, DRCOG will rslmburse the Contract°'
10! the amou~l of allowable n5IS of lhe Coolractor's "1vo,ce. 11 ,s the • Con tractor's ~ole respons11>11,ty 10 ,ns1dll the equ,pmenl and contact DRCOG for hr,ld verif,cat,on pnor lo receiving oe ,mburseme nt. 6, MANAGEMENT a ORCOG Representative. DRCOG has designaled Jerry J . Luor as Its representative who wil l coord1nato reviews, approva ls, and authorizations.
b. Conlraclor's Represenlallvo. The Contractor has designated Ladislav Vo stry as
its representative for this contract who shall be responsible for coordination and
liaison with DRCOG on the equipment purchases associated with this contract.
If at any tim, • contractor representative Is not assigned for tt>is contract, the
Contractor shall immediately notify DRCOG and work shall be suspended until a
representative has been assigned w11lo is acceplable to DRCOG.
c. By signing this agreement, the Contraelor also represents that its organizallon
and ils principals are nol suspended or dPbarred per Federal requiren,ents.
7. PERSONNEL
The Contractor represents II will provide and secure the personn el , squired In Installing ,
malnlalning and operating lhe equipment llsted In Exhibit A. Al l of the services required
hereunder will be performed by lhe Contractor or under it~ supervision, and all pe rson nel •
engaged In the work shall be fully qualified and shall be aulhorized under Slale and local
law le-perform such services. Such pers~nel shall not be employees of or have any
contractual relationship with DRCOG. Any subcontracts eniered into by the Contractor
associated with lhis Contract shall Include a slatement thal lhe parties to the subcontract
undersland that DRCOG is nol obllgaled or liable In any manner to the subcontractor or
for the perfor.nance by the Contractor of its obligations under the subconlract
8. TERMINATION
a. Funds not Available. The parties expressly recognize that the Contractor Is to be
paid, reimbursed or otherwise compensa ted with federal and/or stale fL1nd s which
are available lo DRCOG for the project. In the event lhal CM/AQ funds are not
made available to DRCOG per Recital A, this Agreement shall l.ermlna le
Immediately. Conlraclor expressly 1,nderstands and agrees that all of Its rights,
demands and claims to compensa'.IOO arising under this contract are contingent
upon availability of such funds to DRCOG.
b Termination for Mulual Cooveruence. Tho parties m!ly, wilh the concurrence of
COOT, terminate lhis agreemenl If both parties agree thal lhe equipment purchaseJ
specified in Exhibil A would not produce beneficial resulls.
c. Termination of Conlract for Cause, If through any cause, excluding force majeure,
the Contraclor shall fail lo fulfill in timely cmd proper ma•mer rts obligations under this
contract, or If the Conlractor shall vlolato any of the covenants, agreements, or
stlpulallons or this contract, and has not corrected such breach wllhin ten days of
being given notice by DRCOG, DRCOG shall thereupon have th e right lo terminate •
thi s contracl by giving written notice to the Contractor of such termination for ca use,
wh,ch shall be effective upon receipt of the written notice. In thal even(, ORCOG
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~hall nol be req,i,.::d 10 reimburse the Con!raclor for an~ Pq11>pmen1 purcha~es not yet billed lo COOT, and Contractor hall be obhgaled to rct,irn any payrncnls prGvrously received under !he provisions of !his conlract. No1w1thsland1ng lhe above, II ,e Contraclor shall no! btl relieved of liability to DRCOG for any damages sustained by DRCOG !:ly w lue or any breach or the contracl by the Con traclor. d. Termin ation for the Convenience of DRCOG. DRCOG may terminate this contracl at any time by giving wr11ten nollce to lhe Conlraclor of such termrn~tlon , wl1lch shall be orreclive upon recelpl or 1110 wrllten noti ce. If the contracl is lermlnaled by ORCOG as provided herein, the Conlrac lor shall be entitled to rece ive compensalion for any
equipmen t purchases mnde prior lo the effective dale of such termination, subject l o
rield verificallons being completed to the salisfaction of ORCOG.
EQUAL EMPLOY MEN T OPPOR TUNITY
During the performance of this contract, Iha Contractor agrees to comply vAlh all federal
and slate laws, rule, regulahons, and orders regarding equal employment opportunily,
including Executive Order 11256, •equal Employment Opportuni ty," as amended by
Executive Order 11375, 'Ame nding Executive Order 11246 Relating lo Equal
Employment Opponunlly," and as supplemenled by regu lations at 41 CFR pan 60 ,
'Offi ce of Federal Con tract Compliance Programs, Equal Employment Opportunity,
Department of Labor.'
10. INTEREST OF MEMBERS OF ORCOG ANO OTHERS
• No officer, member, or employee of DRCOG and no members or its governing body, and
no other public offlCial of the governing body of the locality or localities In which the
project is situated or being carried oul who exercises any functions or responsibilities in
the review or approval of the undertaking or carrying out or this project, shall participate
In any decision relating to this contract which affects his personal lntorest or lhe Interest
of any corporation, partnership, or association in which he is directly or Indirectly
interested or have any personal or pecuniary interest, direct or lndirecl. In this contract or
the proceeds thereof,
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11. INTEREST OF TH E CONTRACTOR
No officer, member, employee or ag en t or the Con lractor or any other person wh o Is
authorized to exercise any functions or responsibilities in connection with the
negotiating, review or approval ol lhe undertaking or carrying out of any segment of the
program contemplated by this contract shall have any financial or other personal
interest, direct or indirect, in this contract nr any subconlract Uiereunder, or In a, 1y real or
personal property acquired therefore. An/ person who shall involuntarily acquire any
such Incompatible or conflicting pe1sonal interest shall immediately dlsciose his/her
interest to DRCOG in wnling Thefeafler (s)he shall not participa te Ir. any action
affecting the program under this contract unless DRCOG shall have delerrmned thal, in
light or lhe personal interest disclosed, the participation In such action would no1 be
con tra ry lo the public Interest.
12. INDEMNIFICATION The Con trac tor is an independent contractor and not an employee of DRCOG. As an in dependent contractor. the Contractor is not entilled io workers' compensation bene fi ts except as may be prov ided by th e Contractor nor to unemploymenl insuranc e benefits unless unemp loyment compensalion coverage is provided by lhe Contractor or some other enlily. Tl1e ContraG lor is obligated lo pay all applicable federal and stat e in co me lax on any moneys earned or i:,ai~ pursuant lo tllis conlract rela tionship. T e parlies agree that the Contrac tor is free from the direction and control of DRCOG e)(cept such
con trol as may be required by any sta te or federal statul e or regulation, and that
DRCOG does not require the Contractor lo work exclusively for DR COG; does not
es tabl ish a quality standard for lhe Contractor; does not provide training, or does not
provide loo ls er benefits of performance by the Con tracto r except lhroug h a completio n
schedule.
To lhe exlenl allowable by law, the Contractor shall indemnify, save and hold harmless
DRCOG, Its officers, employees and agents, aga inst any and all claims, damages,
liability and court awards, including all cos ts, expenses, and attorney fe es incurred as a
rer.ull of any negligent act or omission of the Contractor, or its employees, agenls,
subconlraclors or assignees rela ted to th is contract. The Contractor shall include
language similar to the foregoing in any subcontract associa ted with this Contract,
stating that the subcontractor agrees to indemnify, save and hold harmless DRCOG for
neg li gent acts or omissions of the subcontrac tor, Its employees, agents, subcont ra ctors,
and assignees.
13 . FEDERAL REQUIREMENTS
The Contractor shall a: alt times during the execution o! this con tract strictly adhere to ,
and comply with , all applicabl~ fr.deral and state laws, and their implementing
regulations , as they currently exist and may hereafter be amended, which are
incorporated horein by l11 is ref arence as terms and conditions of th is contract. The
Con tractor shall also rRquire compliance with these statu tes and regulations in
su!Y.:nnt ract agreements associated with this r.ontract.
The Contrdctor agrees lo abide by and follow all applicable federal and stale guide l 11es
when expe nding any funds re su lting from this contract. This includes, but is no! limi ted
to, th& Procurement Standards set forth in Subpar t C of 0MB Ci rcular A-110 and the
app li cable provi sions of the Federal Acquisition Regulation ("FAR"), together with any
additions or supplement s lt1 ereto promulgated by the Funding Agency. Curren t
regulations can be !ound at http://www.arnet.gov/far/.
In add ition, Con tractor sha ll comply wi th the following federal laws and regulations as
may be app licdble to the project:
a.
b .
The Copeland "Anti -Kickbar,k " AL1 (16 U.S. C. 674) as supplemen ted in
Department of Labor regulations (29 CFR Part 3)(all cont ract s an d subgra11ts ',
conslruction or repair)
The Davis-Bacon Acl (40 U.S.C. 276a to a-7) as supplemented by Department of
Labor regulations (29 CFR Part 5)(Construclion contrac ts in excess of $2 ,000
awarded by grantees and subgranlees when required by Federal grant program
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15.
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leg,~lalion. Tl1 1s Act requiros thal all laborers and mechanics employed by contracto,s or sulrconlmctors lo W(J(k on construchon projects financed by foderat ass,slanL'l must be paid wages not less than those established for the locallty of the project by /he Secretary or Labor). Socllons 103 and 107 of lhe Contract Work Hours and Safety Standards Act (40 U.S C. 327-330) as supplemenled by Department of Labor rt,gulalions (29 CFR P&rl 5). (Construction contracts awarded by grantees and subgrantees In excess of $2,000 , and ,n excess of $2,500 for other con tracls which Involve /he employment of mnchanics or laborers).
Standards, order~. or requirements Issued under section 306 ol the Clean Air Act
(42 U.S.C. 1857(h)l. section 508 of the Clean Water Act (33 U.S.C. 1368),
Executive Order 11738, dnd Environmental Proleclion Agenr,y regulal/ons (40
CFR Pa rt 15)(contracts, subco ntracts, and subgrants of amounts In excess of
$100,000).
TO THE EXTEN T ALLOWABLE BY LAW, the Contractor agrees to indemnify, save and
ho ld harmless, DRCOG, Its officers, e,nployees, agents, subcontractors, and assignees
should any applicable regulations not be followed.
CHAl'lGES
This contract is subject lo such modifications as may be required by changes in federal
or State law, or their implementing regulations. Any such required modification shall
automatically be incorporated In to and be pa rt of this contract on the effective date of
such ch ange as if fully sel forth herein. Except as provided above, no modification of
this oontract shall be effective unless agreed lo In writing by both parties In an
amendment to this oontract that is property executed and approved In acoordance With
ap plicable l~w.
GE NERAL
B~ •ignlng this agreement, the Con tractor represents that Its organlzatlou and Its
principals are not suspended or debarre d per Federal req ui re ments.
This oontract represents the entire agreement between lhe Contractor and DRCOG.
replacing and superseding any previous contract , oral or wrillen, which may have
existed bolween the pa rl'Js relating lo 111e mailers sel forth herein.
To the extent that this contract may be executed and pe(formance of the obligatlons of
the parties ma y be accomplis hed within lhe Intent of the contract, the tem1s of this
con tract ore severable, and should any term or provi sion hereof be decla red 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 of a term, provision, or requiremenl of this contract shall not
be construed or doomed as a waiver or any subsequent breach of such term, provision,
or requirement. or of any other term , provision or requirement.
Not withstanding anything herein l o !he contrary, the parll es understand and agree tha t
all terms and conditions of this contract and the exhibits and atlachmenls hereto which
may re<;uIre con11nued perlo11nance, compliance or Cf' ond the term,n.it10n dale of • the contract shall survive such termmaIIon d<1te nnd st, .. ~ be enforceabl e by DRCOG as provided herein m lhe event of such failure lo perform or con,ply hy Conlraclor. 16. CERTIFICATIO N FOR FEDERAL -AI D CONTRACTS For contracts that exceed S 100.000, Contractor. by signing 111,s conlracl, cerhf1es lo lhe best of Its ~nowledge and belief:
a, No Federal appropnaled f unds have been paid or will be paid, by or on behalf of
lhe undersigned, lo any person for In fluencing or allempling lo influence an
officer or employee of any Federal agency, a Member o( Congress, an officer or
employee of Congress, or an emr,loyee of a Member of Congress in connection
with lhe awarding of any Federa l loan, lhe entering Into of any cooperative
agreement, and lhe extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreemenl
b. If any funds other than Federal appropriated funds have been paid or will be paid
lo any person for lnnuencing or allempling to influence an officer or Member of
Congress, or an employee of a Member of Congress In connection with this
Federal contract, grant, loan, or oooperatlve agreement, lhe undersigned shall
complete and subm it St andard Fo rm-LLL, "Disclosu re Form lo Report Lobbying,"
In accordance with Its Instructions.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered Inlo. Submission of this certification is a
prerequ isite for making or enteri ng in to this tra nsacllon Imposed by Sectio n 1352, TIiie
31, U.S. Code. Any person who fa lls lo file the req uired certification shall be subject lo a
civil penally of not less than $10,000 and nol more than $100,000 for each such failure.
Contractor also agrees that ll shall require lhal the language of this cer1lficallon be
included in all lower tier subcontracts, whlcl1 exceed $100,000 and lhal all suc h
subreciplen ts shall cerll fy and disclose accordingly.
IN WITNESS WHEREOF, the parties hereto have executed u,is contract on the
___ day of ________ ____, 2008.
By:
DE NVER REGIONAL COU NCIL
OF GOVERNM ENTS
Jennifer Schaulete
Executive Di rector
ATTEST:
By:
Roxie Re nsen
Administrative Officer
CITY OF EN GLEWOOD
By ___________ _
James K. Woodward, Mayor
ATTEST:
By. __ ~---~·~---Loucrishia A. Ell1s
City Clerk
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EXHIBIT A DRCOG SIGNAL EQUIPMENT PURCHASE SCOPE OF SERVICES The Clly of Eng lewood will purchase traffic slgnAI equipment for its lrarnc signal syslem on Broadway. The equipment lo be purchased and the locations for deploymenl conslsl of;
Estimated
Location Equipment Cosl
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Broadway @ Quincy and 5450 S. TS-2 Cabinet w/ UPS
Broadway (2)
Total Estimated Cost $24,000
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ORDINANCE NO. SERIES OF 200~ BY AUIIIORIIY C'OUNC'l l BILL NO 18 INTRODUCED UY COUNCIL MFMllER MOOR!: AN ORDINANCE APPROVING AN INTEROOVERNMEITT AL AGREEMENT (JOA) ENTITLED "LICENSING AGREEMENT REGARDING DENVER REGIONAl
AERIAL PHOTOGRAPHY PROJECT' BETWEEN THE DENVER REGIONAL
COUNCIL OF OOVERNMEN1 SAND TIIE CITY OF ENGLEWOOD, COLORADO
FOR THE CITY'S PARTICIPATION IN THE DENVER REGIONAL AERIAL
PHOTOGRAPIIY PROJECT (DRAPP).
WHEREAS , the Denver Regional Aerial Photography Project will provide lhe City wilh
updated digital onhopholography of lhc DR COG region 10 panicipatmg members; and
WHEREAS , the cost is substantial ly less than if the City were to undertake such an aerial
pholognphy proJcct itself; and
WI fEREAS, 1he cost 10 Englewood is SS,000 and will be shared between Community
Dcvclopmcnl, Utt Ii tics, Wastewater and Public Works Dcpanmcnts of the City of
Englewood; and
WHEREAS, 1he updated photography is crittcal m kccpmg the City's geographic
infomm1ion system (GIS), pcm1il 1rncking system (Trakil), wa ler nnd wastewater u1 ili1ies
mapping up-10-dnte; and
WI IEREAS, the passage of lhis Ordinance will pennil the City of Englewood lo
participate in the DRCOG spoll$0rt"d Denver Regional Acrilll Photography Project;
NOW, Tl IEREFORE, BE IT ORDAINED BY TII E CITY COUNCIL OF THE CITY OF
ENGLEWOOU, COLORADO. AS FOLI.OWS:
~-The City Council of Englewood, Colorado, hereby approves the
ln1ergovcmmcn1al Agreement entitled "l.1ecnsing Agreement Rcg;irding Denver Regional
Aerial Pho1ogrophy ProJcct" between the Denver Regional Council ofGovcmmenls
(ORC'OG) and the City of Englewood. Colorado authorizing lhc City's participation in the
Denver RogiOMI Aenal Photography Project (DRAPP), a copy of which is anachcd hereto as
Exhibit A.
Scc11on 2. The Mayor is hereby aulh<1nt.ed 10 sign and lhe City Clerk 10 anes1 said
lmcrgovemmenlnl Agreement cn1i 1led "Licensing Agrcemc111 Regarding Denver Regional
Aerial Phologruphy Project" for and on bchalfnf the City uf Englewood.
Introduced, read in full, and passed on first rendi ng on 1hc 17th dny of Morch, 2008 .
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9 b I
Published as a Bill for nn Onhn.1ncc on 1hc 21st day of March, 2008. Read by 1i1le and passed on final reading on lhc 7th day of April, 2008 , Published by 1i1lc ns Ordinnncc No._, Series of 2008, on 1hc 111h day of April, 2008.
James K . Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of 1he City of Englewood, Colorado, hereby certify
that lhc above and forcgoin~ is a INC copy of the Ordinance passed on final reading and
published by title as Ordinance No. _, Series of 2008.
Loucrishia A. Ellis
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LI CEN SING AGREEMENT REGARDING DENVER RE GI ONAL AERIAL PHOTOGRAPHY PR OJECT This Agreement (No. RV08017) is made and entered into this ___ day or _____ , 2008 by and between the Denver Regional Council of Governnints (hereinafter rererred to as "DRCOG") and City of En glewood (hereinafter rererrecO as the 'Partner'). REC ITALS WHEREAS, the parties desire to cooperate in the creation, preparation, usea nd
distribution of digital orthophotography (hereinafter referred lo as the 'Product')
developed through the Denver Regiona l Aerial Photography Program referred to a
"DRAPP").
WHEREAS, the Partner is a governmental or public service entity.
NOW THERE FORE , the parties hereto mutually agree as follows:
1. Pu rposes
The purposes of thi s Agreement are to defi ne the rights and obllgallons of the
parties with respect to the Product and to protect ion and control the ri ght s,
reproduction, and resale of the Product.
2. Term
The term of this Agreement shall be from the date of execution of this Agreemflt
through two years following release or the last prrduct update in which the Pamer
chooses to participate.
3. Part ner Pa rtic ipat ion
The Partner will be notified by DRCOG of planned product L pda tes. At that tin8, the
Partner will be asked to submit a Letter of Intent to participate in the update. llle
Partner will also be asked to commit funds as appropriate In Its Letter of Intent. If
the Partner chooses not to part icipate In the next Product update, II shou ld not
submit a Letter of Intent. Followi ng receipt of the Partner's Letter of Intent and upon
completion of updated fi nancial projections, DRCOG will Invoice the Partner for it s
portion of the Product update costs . The Product update will not be released to th e
Partner until payment Is received by DRCOG .
4. Termination
a. Funds not Available. In the event that enough local Partner funds are not
collected in order to fund the next round of Product updates , this Agreement shall
terminate two years from release of the last Product updato.
b. Termi nation for Cause . Ir through any cause, either party should fall to rulfil in a
timely and proper manner Its obligations under this contract or violate any of the
cove nants or st,pulatlons In this Agreement, lhe wro nged par1y has the right to
terminate this con tract by givi ng sixty (60 ) days wri tten notice to the other party of
such terminati on. If DRCOG Is at fault In this Instance, the Partner will be
rerunded ally payments received ror the current Product upda te. If the Partne r is
at fctult, the Partner will return all copies or the curren t Product version In Its
possession.
: I " I • I T A
5. Payment and License In consideration for payment received , DRCOG grants lhe Partner a non-exclusive, non-transferable license to the Product to be used striclly and only in accordance • wilh the provis ions slated In this Agreement. The Partner will receive one copy of lhe Product , and any Product updates :n which the Partner participates , In electronic format for the geographical area they have specified. If the Partner ls unable or chooses not to participate In the current Product update , this Agreement shall terminate two years following release of the latest Product update in which the Partner did participate . 6. Use of Proiiuct
a. Current Product Version
l) Permitted Use
( 1) The Pa rtner may use the current version of the Pr-Jduct only lo meet the
goals and objectives of Its business and/or governmental activities .
(2) Cof1tractors engaged by the Partner providing contractual services directly
lo the PArtTler may use the current version of the Product in order to fulfill
these contractual services, so long as there is written agreement between
the Partner and the Contractor that the Product will not be utilized beyond
this purpose.
(3) Derivative Images based on the Product may be displayed on the
Partner's Worid Wide Web site.
ii) Restrtctions on Use
(1) Outside of the Permitted Uses listed above, the Partn er shall not allow
access to the current version Product by any other person or organization , • by any means, ur,less authorized In writing by DRCOG.
Ill) The Current Product Version Is considered proprietary for a period of two
years following product release. After two years, the Product version is
categorized as a Past Product Version, regardless of whether or 1101 a
Product update has beer1 performed.
b. Past Product Versions
I) Permitted Use
(1) Past Product versions, that Is, U10se versions that ha·,e since been
replaced with a current product version or those version~ that are more
than two years old, may be distributed lo the public at large.
7. Product Resale
a. The Partner shall not resell the Product.
b. The Partner authorizes DRCOG to sell the Product and any Product derivations.
c. The Partner autliorizes DRCOG to collect proceeds from sales of the Product
and any Product derivations and lo hold this money for Mure DRAPP pro,ects.
d. Whenever applicable, the Partner agrees to direct purchase requests for the
Product to DRCOG or DRCOG's Authorized Reseller(s).
8. Limited Wa rranty and Remedy
a. Limited Warranty
I) DRCOG shall ti5e its best efforts to ensure that the Product is delivered tree • of physical defect.
II) DRCOG dlsclal!TIS any other warranties, express or implied, respecting these
terms and conditions or tt,e Product.
b. Remedy
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ii Partner's sole and exclusive remedy for breach of this limited wa,.anty will be to return the Product within 60 days of receipt 11) DRCOG shall. at its discretion, ret)lace the Product or repair the Product and return 't to the Partner 9. Assignme nt and Tra nsfer Partner shall not disclose, lease, sell, distribute, make, transfer or assign the Product or engage in any other lra11sactlon which has the effect or transferring the rig ht of use or part of the Product without the prior written consent of DRCOG, except as noted In Section 6 above.
10. Liabilit y
Without waiving the privileges and immunities conferred by the Colorado
Governmental lmmunit} Act, Section 24·10-101 et seq .. C.R.S., each party shall be
respcnsible for any cl,llms, damages, demands or suits arising oul of its own
negligence .
DRCOG shall not be liable for any activity involving the Product with respect to the
following :
a. The fitness of the Product fur a particular purpose .
b. The installatlon of the Product , Its use, or the results obtained.
11 . Colorado Law t o Govern
This Agreement shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Colorado .
12.No Co n•inuing Waiver
The waiver of any default by either party or the failure to give notice of any default
shall not constitute waiver of any subsequent default or be deemed t.:> be a failure to
give notice with respect to any subsequent default. Waiver of the breach or any
provision or this Agreement shall not be construed to bP. a modifteation of the terms
of this Agreement un less stated to be such in writing 1•nd signed by authorized
representatives of both parties .
13.Governmental Immunity • Notwithstanding any other provision or this Agreement le the contrary, no term or condition of this Agreement shall be construed or interp•eted as a wa iver, express or Implied, or any of the Immunities, rights, benefits, protection, or other provisions of the Co lorado Governmental Immunity Act, Sectio n 24-11 )-101 el seq., C.R.S., as now or hereafter amended . The parties understand and agree that liability for claims for Injuries to persons or property arising out of the negligence of either party, their departments, Institutions, agencies , boards, officials, and employees are controlled and limited by the provisions of Section 24-10-101 el seq., C.S.R., as now or
hereafter amended .
14.lnvalid/Unenforceable Provision(s)
If any term or provision of this Agreement or the application thereof to any per;on or
circumstance shall to any extent be Invalid or unenforceable, the remainder of I his
agreement shall not be affected thereby, and each term and provision cl this
Agreement shall be valid and enforced as written lo the fullest extent permitted by
law.
1 S. ln\egration and Amendment
This Agreement represents the entire agreement between the parties , and there are
no oral or collateral agreements or understandings. No subsequent notation,
renewal, addition, deletion, or other amendment hereto shall have any fo rce or effect
unless embodied In a writing executed and approved by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this contract on the
____ day of ___________ ,, 2008.
CITY OF ENGLEWOOD
"PARTNER"
By: -c:---..,,.-..,.,---,---,--=--James K. Woodward, Mayor
ATTE ST :
By: ________ _
Loucrishia A. Ell i s ,
City Clerk
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
"DRCOG"
By:----------
Executive Director
ATTEST:
By: _________ _
Administrative Officer
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ORDINANCE NO SERIES 01' 2008 ll\' ,\UTHORI f\' COUNCIL 0111 \0 19 11\'"l ROUUCLD DY COUNCIi MEMBER MOORE AN ORDINANCE APPROVING AN INTER GOVERNMENT AL AGREEMENT (JOA)
ENTITLED "LICENSE AGREEMENT" BETWEEN TIIE COLORADO
DEPARTMENT or LABOR ANO EMPLOYMENT ANO THB CITY OP
ENGLEWOOD, COLORADO IN SUPPORT OFTIIE CITY'S USE OF STATE WAGE
AND EMPLOYMENT DATA.
WHEREAS, 1he Englewood Conununily Oevelopmenl Department is seeking 10 receive
Colorado Stoic Labor and Employmel\l dula 1hrough the Denver Regional Council of
GovenU11cn1s; ond
WHEREAS, 1hc Colorado Ocponment of Labor and Emp loymeni provides 1his daia 10
DROCOG who wi ll in lum provide ii to 'lho Cily of Englewood; and
WI lEREAS, in order 10 receive such data, the Colorado S!ale DeJ>artment of Lnbor and
Employment required o license agr~ment be1wecn 1h, C-:, o f Englewood and 1hc S1ote
Dcpartmenl ofLahor and Employmcnl for use of1l. • ,nd
WI IF.REAS, ocqu1siliJn of this data will enable~ Englewood Cornmunily Development
Dcpanmcnl 10 further economic developmcn1 goels by g11ining a belier underslonding of
labor ond cmploimrnt issues wi1hin 1hc Ci1y;
NOW, THEREFORE, UE IT OWAJNED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS t'OLLOWS:
~-The City Council of Englewood, Colorado, hereby approve< the
lnlcrgovemmcntal Agrccmcnt cn1itled ''License Agrccmcnl" between the Colorndo
Department of Labor ond En,ploymcnt and the City of Englewood, Colorado in support of
1hc Ci1y's use of Stale Woge and r:mploymcn1 Data through the Denver Regional Council of
Oo,ernmcn1s, a copy of which is olloehod hereto as Exhibit A.
~-111e Mnyor 1s hereb, aUlhorized 10 sign and the Ci1y Clerk to atlesl s:iid
"License Agrcemc111" for and on bchnlf of 1h: City of Englewood.
lnlroJuced. rend in full. nnd passed oa first reading on lhc 17th day of March, 2008.
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Pubhmcd as n nm <or nn Onhn.1ncc on the 11 st day of Mnn:h, 2008. Re.id by title and p.isscd on final rcadmg on the 7th day of April, 200S. Published by utlc as Ordinance No. _. Scncs of 2008, on the I Ith day of Apnl, 2008.
James K. Woodward, Mayor
ATTEST:
Loucrishla A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that tho above nnd foregoing is a tnie copy of the Ordin11,1cc passed on final rending nnd
published by title ns Ordinance N~. _, Series of 2008.
Loucrishia A. Ellis
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l''.l RIOfk "' c .... e,tnQr DEPARTMENT OF LAB O R AND EMP LOYME NT 0C'.t4.D I •.•Alf'[l E-•-K4:!!i..., .::.~dCu:i A.£XANjRA, E ilAJ.l 0,rec;lo, LAIOR MAUD INfOIMAOON 633 17-Slt• ... klale .00 Oenver. CoJorodo to202·3U0 (303) JU,IISU (3031318-1871 T his is a legal document; legal counsel s1,ould he co nsullcd befo r e signini:, LICENSE AGREEMENT
TIIIS A GREEMENT is made by nnd between:
City of Enslcwood
I 000 Englewood Parkway
Englewood, CO 80110
(LICENSEE)
and
THE STATE OF COLORADO
DEPARTMENT OF LABOR AND EMPLOYMENT
633 17"' Strec~ Suite 600
Denver, CO 80202-3660
(Licensor)
WHEREAS, the Licensor is an agent of the United State, Bun,au of utbor Stnlistics fo r the purposes of eoll cetina
nnd securing QCEW wnge, employment data from Colonodo omployers and is authorized to license this infonnotion
to public and non•pubhc entities provit ,:d that the information is adequately secured &om oon-authoriz<d access or
pabhcatioa.
UPON ACCEPTING llECEIJ'T OF THE LICENSED INFORMATION LISTED BELOW, OR ANY PART
THE RE OF, TIIE LICENSEE AG REES TO TlrR TERMS AND CONDIT IONS LISTED ON 1'l1E REVEii SE
StoE.
LICENSED INFORMATION:
~coort Desc ription Report P eriod Amount
TOT AL AMO UNT DUE
Received by:
LICENSEE LICENSOR
By:-----------,-
James K, Woodwa r d Date By:-----------
Alexandra E Hall Date
Mayo r Director
Labor Market !nfonnalion
A
LICENSE AGREEMl:N rTERMS AND CONDITIONS • I Upon rccci pl of lOtnl pnymcnt due (11;s spccifttd on 1hc f1ec), lhc Liccn.,;or &rilflt'i B BOM:~clust'IC laccme 10 1hc Llcm~ec 10 3ctc.-U and use, 11.t hm 11ed hcrcm, 1111 i.iccmcd Informa tion (as ij)Cedicd cm lhc (ICC ), LICENSOR DISCLAIMS ALL WARR ANTlES REOARO ING TII E LICENSED INFORMAT ION. SPEC IFICALLY THE WARRANTIES OF MERCHANTABILITY AND PARTICULAR PURPOSE. LICENSEE Rl'LEASr,s UC ENSO R FRO M ANY CLAIMS, JUDG MENTS. OR DAMAGES,CONSEQUEl(flA L OR DIRECTLY ARIS ING FROM ANY ERRORS OR OMISSIONS CO, TAIN EDWrTHINTIIE LICENSED INFORMATION, OR ANY PART THEREOF, OR ARISIN G FRO M THE LICENSEE'S RELIANCE UPON nm LICENS ED INFORMATION OR OMISSIONS OF INFORMATION, OR ANY PART THEREO I'. 2. Uecnscc dull 1,ay the IOUl l i,3ymcnt due w1thio th il'I )' (JOI d11yJ of rccc1(ll of the mfmm.i1iun If ra)inr:nl I\ 001 r«ciml by Uc cm.or during this period . Ucawir shnll lnvoicc the Llccns«. Md Llctnsee sh:111 pay, for I.he lnlill amou111 sr,c:d ficd on the fxc plus :a b111i.ng: fee: c:i lcul111cd il l 1hc ~lcr or eigtumi pcrttnl per annum oflhc loual amoufll due or rweoty,live lll1d no'IOO doll:n CSZS .00),
J. Licensee uclcnowlcdgcs ~Le confide111illli1y of th e Uccnscd ln(Of"lmio n, To prci tccl 1hc Uccnscd lnro,mtLI IM~ eonl'idm1i:d1 cy.
(1) Ex.cept. in the event it is nL~ for lhc Litcnsc:c IO utilil.c • third·p;arty tc rormot. process or u.w the in(onn:ation, the Licc:nstt sh::i.lJ not cop)' or perm il
Olhcn: io copy lhe Ucenscd lnfonnotron, or WlY part thercor. In th e e\"tnt lhc Licensee must utni1.c a lhinf•p.1.rt)' ICI formtll, pnxi:s~. or u.se the inform111io11, the Lic.cnscc
shall no1 allow lhc third-party io use the inronna1ion, or ■n y pan 1hcrcor, for any purpo!iC othc:r &tum the Licensee's wllll Ddmlnistrativc fun ction. An)' bfetch or Licensed
lnfomutioo'$ confidcntimlily or Dn)' crtht duties spccilicd in pn:,visloo 2 by litcnscc'J third-pm)' dt!iU be deemed I.Cl be I brf'.1th en the part of the Liccnstt.
(b} Ucaun: shoU use the Lioer~cd lnfom,IWOO, nr m,y pait thercar, a rily to the cxtcnl neces5lll)' 10 e.»is1 in lh..· Li«nscc's YDlkl odmin is1r.1tivc fune1iot1 :
(c) The Ucc:nscc's ri&:hts 10 use the tr'lfurm3cioo arc net 1ssignab2c, the Licensee sh::ill not fflign ot tr:tnsfcr, nor on"'1'1pt to ns:sign or lnmSfer its riJh~ pursuant
I.Cllh is conlmel
(d) Ucc:nscc shall reslrict acces.1 to the Licensed lnfonnution lo only those cmpk,yccs or agents of the Ucmste *~-Mc acces.~ is na::c:ssary IO ass isl lhe
Liccnscc's valid 1ehninistrDli\'t function. Upon Licc:ns«'I request, liccm« shall prov ide l.k.cnsor II listin g: of 11U indiYidi.uds who may occcss lhc Licensed lnforma,ilan.
(e) Uccnscc sha ll not pubUsh ~ dis.close the-Litcnscd lnforma1Hm. or 111)' part lticrcof, lo I.be alcnt !Mt lhc inrorm:llion published or any ll'tl, indusuy,
Fcdctal Dcpn,tmc:nt or F"cdcnl Agency Scvcl oorualN fewer 1hDn thrtc(Jj repol"li ng unics {JJ defined in C.R.S S-70-103(9 ), lli87 Rep . Vol., IS 1mc:nde.l), ar eighty
pcrcem (80"-')o(the WI employment of the appliccblc reporting level ii made up by• sin;Jc rq:irAtini;: unlt.
4. In the C¥Cnt o r Licmscc's breath o(thc Uccns.ed Information's coofidcn tWityor any orlhc Licensee's: duties specified in provision 2, lhe Liccnscc shall, to .
CltaJ.I authorized by law, iDdemnify, is.ive and hold htnnless the Ucirnsor, its cmploy«s end a,r:nu. against Jn)' Ind all claims. darn0;;cs, l~bilit)' •nd courc 1wards
includtn,g cow:, upenses, and 1t1omcy rcc:11 incWTCd u 11csulc of any act or omission b)' the Ucenscc, or ics cmpk,yccs, 1gcnts, subco~on, ar auiinccs punUMt 10
the lcnnt of llus con lrlcl, ■nd lhc Llccn.ste shall rdllll 111 Licemed lnfonnation to the Licensor !Ind pay the Licenser the sum of one thousand and no/100 do llars
(S l ,000.00),
S. The Liccnstt. w.amnll that it poucm:s the leg.I I auth«ity to enc er Ullo lh is Coolrnc t. The person or~ 1i.gning U,il Conln1ct on bch11.1f of the lk:em«
also wammu: Owtthey™lvt full o.ut hori1.o1ion 1(1 e,;ceutcthisco ntratt,
6. The Lic.cru:tt agrees that llll Llccn5Cd lnforwttOl'.'I ii tlH: so le-profM:rty or lhc Licensor,
7. Licensee shall permit \he Uccnsor, lhe U.S. Oq,:u1mcnt of LalKw, ar any other duly t ulhoriud ~gent or govcrnmenull 111:cocy, to monitor aU aetivitict
cood1JCtcd by lhc Licensee poo;unnt IO lhe terms or th.is Contract. Suth cnoni1oring muy consist of internal c,-ulwuion procedures, a;•min:;:ilion of p,vgram dill, llpa:i1 l
imalyscs., m-.J illl chccki n&, formal a.uciil cx:1mina1Klf\!, or 111y Olhcr re:uoruh le pruc:cdwt:1 All such monitoring sha ll be performed in • nwmncr thnt lhntl nl)C und uly
intcrfm with conlnlel work.
S. The Uc.ms« shall not ify the Uccn$or, wlllw, liYc (5) c.bys 11.ftcr bcin1 scrvc=d with III summons, co mpt:a &,1 , Of' otlta plci:td ing in III ca~c whi1:h inYohu JaYi cr.:s
provided under lhi5 contncl mid which bas h«n fi1cd in IUIY Fcdmi l CN' Sl::itc court or admi nistnti vc 11111:ffl':)', lfld Wll dcUvc:rcopics or such dooumcn1 lo :l~ Licaoor,
9. Thil Contrott is intended as the complete in1egr:i1Klft of all uridcrsiandings bc:4wcen 1he pw-1~. No ptior or conteanpnnirtroUS 11ddltioo, dddioo, or Dlhcr
amcndrncnl hereto sbo.ll bol'c any (orcc or erfo::t whal.we'VCJ, unlcs:s embodied herein In wri tins No 1ubscqucn1 nowtion, rcncw.,1. lddilion, deletion , or othcramcndmcnl
ho-cl.Cl sha ll h:vc any forte (II' cfTcct unlcu embod ied in a written controcl c.1ci:ulcd ffld approved pur.itJant 10 the Sll!e ofColorodo Fiwtl RulCI, Any Liccn~r wa!vcr of
11111llcgcd brenchofconfidmti11li1ybythc Llcrnsecorlhinl p;,rtyngcntso(tlk. Licctl$CC isno Ltoimplyo wsim of any subs,eqUC1lbrC11Ch,
10. All nolic:cs rcqu[ttd ind pmnillcd pur5ua,U co lhis Conlnlcl shall bt i11 wriling and .shall be deemed JiYm when pcnoonll)' scr.-cd or three (J) do)'$ afh.,·<lcposil
in the Uni1cd Stilles Moil, postngi:= prqx:ild, rcgislered arc:crtifitd. rcturnrcceipl requested, tu'4J lkldresscd 10 d.e IOd rmcs stJJ.ta.l oo lhe face: !lidc m-IO such Olhc:r llktrcss
u lw been dcsign:Jlcd by I notice: comp)'ina: wilh the forquing rtquiremcnts.
11 . Tho laws of~ Stele: of Colorado and rules and n::gubliclN iss ued pw1wn1 thereto, iball ~applied in thc.intaprctndon, e1.cc utioo 1111d enfurcerncnt of tlu1
conlnlCl. Any pioYU ion of this cootnlel whether or 004 incorponilcd herein by rtfcm'lcc which prnvidcs (or 11bi1r1tlon by any e.111J11•judicial body or pcno11 0t whic:h is
otherwise ln conflic t with snid laws , n,lcl and reguLalions W.11 becon.1jdcml nu ll and vcid, The lcnnS of this Cootraet ;re seYCtlble , and shou ld lltlylmn Of pnn•bioo
hcrco(bcdcclccd invalid or become inopcro tive for any rason. auch inYl~dif)'or fni lLKc 1,h1 U nol 1ffcc1 lhc va lidity 0ran1 other lam of provision hr:nof. In theCYcnl
the Confrollr:r of tl1e SCAie of Coionldo 1ubs~ucn11)' di:saJ'l'fVVQ lh i! contncl, this oonlnx:I 1hall tmnitwc 1tad ~ Stale sha l1 l'ffllm all swm pr:aid by the Llc:enstt:, llltd &he
Licensee shall return ■U Uccnsc.d lnfonnalion wilhoul poult), or riahl IO c.iuse of ac1ion . •
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COUNCIL COMMUN ICATION Date: Agenda Item: I Subject: April 7, 2008 9 c I Award Broadway and Tufts Coostructlun Contratt Initiated By: I Staff Source: Department of Public Works Rick Kahm, Director of Puhlic Works
COUNCIL GOAL AND PR EVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
Staff recommends Council approve, by Motion, a contract for the construction of the Broadway
and Tufts traffic slgnal. Staff recommends awarding the contract to the lowes t responsible bidder,
Integrated Electric, Inc., in the amount of $46,156.69, and authorizing the Director or Public Works
to execute the contract.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Afr,ng the Broadway cC1rridor, the traff,c signal at Tufts is the last of the elementary or middle school
•ignals to be rebuilt. Th is signal Is obsolete, over 30 years old, wilh subs tandard mast Mm lengths
and smaller signa l heads. The pedestrian signal indications are missing for Tufts crossings and,
additionally, the signal pole locations do not provide ADA accessibility at the northwest and
southeast intersection comers.
To keep traffic sfg,'"1 eq\llpment and Installation costs to a m1nimum, we have structured this work
as a cooperative p, oject between die Contractor and City staff. The Contractor will furnish and
install poles and cabinet foundations, pull-boxes and conduits, and will also instan trafRc signal po les
and mast arm s, and will remove old signal poles. The remaining insta ll at ion work, including all
wiring and slgn,11 head installations, as well as other signal equipmen~ will be provided and installed
by City staff. The signal poles and mast arms for this intersectbn were purchased In 2007. The
remaming signal equ1p111en~ 1.e., signal heads, controller cabinet, UPS system, will be purchased
1>rfor to actu,i l installation star t date.
Four con1ract0<s subm,ued bids for the installati<>n "or!<: Sturgeon Electric Company, WI.
Contractors, Integrated Clectric, Inc., and OKS [nterprises, Inc. The lowest bid was received from
Integrated Electric, Inc. In the amount of $46,156.69.
FINANCIAL IMP4.CT
The total estimated contractor cost for this traffic signal rebuild project is S46, I 56.69. Adequate
funds are av,olable on the Transportallon System Upgrade account in the Public Improvement fund.
LIST OF ATTACHME NTS • 8 J T Jhul,111011 Shee l
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• City of Englewood Bid Tabulation Sheet Bid Opening: February 14, 2008, 10:00 a.m . ITEM : ITB-08-108 Traffic Signals Item No. Desctlotlon Unit BIO BOND INSTALL TRAFAC SIGNAL POLE and 50' MAST
1 ARM IFURHJSHED BY THE OWNER) EA
INSTALL TRAFFIC SIGNAL POLE and 40' MAST
2 ARM (FURNISHED BY THE OWNER) EA
INSTALL TRAFFIC SIGNAL POLE and 30' MAST
3 ARM IFURHISHED BY THE OWNERI EA
INSTALL TRAFFIC SIGNAL POLE and 25' MAST
4 ARM (FURNISHED BY THE OWNERI EA
FURNISH AND INSTALL TRAFFIC SIGNAL POLE
5 FOUNDATIONS EA
6 FURNISH AND INSTALL PULLBOX EA
7 FURNISH AND INSTALL 2" CONDUIT LF
8 FURNISH AND INSTALL 3" CONDUIT LF
FURNISH AND INSTALL CONTROLLER
9 CABINET BASE EA
INSTALL VIDEO DETECTION SYSTEM
10 CAMERAS (FURNISHED BY THE OWNERl LS
11 REMOVE OLD TRAFFIC SIGNAL POLES EA
REMOVE OLD TRAFFIC SIGNAL POLES
12 FOUNDATIONS EA
13 TRAFFIC CONTROL LS
TOTAL BID
• • Sturgeon Electric Co. W1. Contractors 6435 lntegraled Electric, Inc. 12150 E 112th Ave. W .55thAve Arvada, 1500 W Cedar Ave. Otv Hende,son, CO 80640 C080002 Denver, CO 80232 Yes Yu Yes UnlPrice -Uml'rice ,.,,,....,1 Unlll'rice AlnOunl
1 S 2.100.00 s 2.100.00 s 975.00 s 97500 s 1.168.35 s 1.16835
1 S 1,900.00 s 1,900.00 s 975.00 s 975.00 $ 934 .68 s 934 .68
1 S 1,700.00 s 1,700.00 s 890.00 s 890 .00 s 934.68 s 934.68
1 $ 1,700.00 $ 1,700.00 s 8fl0.00 s 890.00 s 934 .68 $ 934 68
4 $ 4,300.00 s 17,200.00 s 1,390.00 $ 5,560 .00 $ 2,998.32 s 11,993.28
4 s 780.00 $ 3,120.00 s 490.00 s 1,960.00 $ 624.84 s 2,499.36
450 s 18.20 s 8,190.00 $ 20.00 s 9,000.00 $ 8.60 s 3,870.00
1035 s 13.40 s 13,869.00 $ 17.00 s 17,595.00 $ 10.43 $ 10 795.05
1 s 1,340.00 s 1,340.00 s 680.00 s 680.00 s 1,056.03 s 1,056.03
1 S 1,420.00 s 1.420.00 s 1,510.00 s 1,510.00 s 1,115.42 s 1,11542
4 $ 470.00 $ 1,880.00 s 1,170.00 $ 4,880.00 s 498.45 s 1,99380
4 s 825.00 s 3.300.00 s 470.00 s 1,880.00 $ 149.76 s 599.04
1 $ 2,800.00 s 3,900.00 s s 8,262 32
:ii §!! :ill! !!l! s 504~nn ~ iii IM !i9
H,__\emel bill dOc by depNJll 810 FILES\08 PUlllic W-IITll-08-108Tnoffle5910b.Jd$
OKS Enterprises, Inc. Item 250 N Ma in Brigh ton, No . Descrlotlo n . Unit Ofv CO80601 BID BOND Yes Unitl'rq ......... Unitl'rq -UMP,,ce -INSTALL TRAFFIC SIGNAL POLE and so· MAST 1 ARM fF\JRl41SHEO B Y THE OWNEJU EA 1 S 1,500.00 s 1.500.00 $ . s . s . s INSTALL TRAFFIC SIGNAL POLE and 40" MAST 2 ARM IFURNISHEO BY THE OWNERI EA 1 s 1,500.00 $ 1.500.00 s . $ $ $ INSTA LL TRAFFIC SIGNAL POLE and 30' MAST 3 ARM /FUR NISHED BY THE OWNERI EA 1 s 1,500.00 s 1.500.00 $ . $ s s INSTALL TIV.FFIC SIGNAL POLE and 25' MAST
4 ARM (FURNISHED BY THE OWNER) EA 1 $ 1.500.00 s 1.500.00 $ s . s s FURNISH AND INSTALL TllAFAC SIGNAL POLE
5 FOUNDATIONS EA 4 S 3.600.00 $ 1 ◄.400.00 $ . s . $ . $ 6 FURNISH ANO INSTALL PULLBOX EA 4 $ 5◄5.00 s 2 ,180.00 $ $ s . $ 7 FURNISH AND I NSTALL 2• CONDUIT LF 450 $ 14 .00 s 6,300.00 s . s s . s 8 FURNISH ANO i NSTALL 3" CONDUIT LF 1035 s 16.00 s 16,560.00 s . $ s s FURNISH ANO INSTA1.L CONTROLLER
9 CABINET BASE EA 1 S 1,220,00 $ 1,220.00 $ . $ . s s INSTALL VIDEO DETECTION SYSTEM
10 CAMERAS /FURNISHED BY THE OWNER) L S 1 $ 2 ,500,00 s 2.500.00 s $ s . s 11 REMOVE OLD TRAFFIC SIGNAL POLES EA 4 s 600.00 s 3.200.00 $ $ s . ,; REMOVE OLD TRAFFIC SIGNAL POLES
12 FOUNDATlONS EA 4 s 600.00 $ 3,200.00 $ . s $ s 13 TRAFFIC CONTROL LS 1 s 5.100.00 s . s $ s TOTAL BID . -~~ $ . I
• H·~xcof111es\excel bkl doc Cy dep(\08 BIO FlLES\08 Pubflc Won\s\lTB-0&--108Traff~.Jd.s
COUNC I L COMMUN ICATION Date: I Agenda Item: I Subject: Apnl 7, W08 11 ,Ii Broken Tee Englewood Indoor Training Center Initiated By: St~lf Source: Department of l'arks and Recrea tion Jerrell Black, Director of Park s and Recreation
Bob Spada, Golf Operations Manager
COUNCIL COAL AND PREVIOUS COUNCIL ACTION
2002 Approval of Learning Center contract -TNT.
RECOMMENDED ACTI ON
Staff recommends that City Cou ncil adopt .a Bill for an Ordin ance approving an agreement with
McCetrick Golf Academy {MGA) to operate the Broken Tee Engle\\ood Indoor Training Center.
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
The Englewood Goll Cours e indoor trai ning cen ter was part of the clubhouse e~panslon in 1995.
Si~ hitting bays with two computer SI\ ing analyzers" ere put in place. While the facility has been a
positive addition 10 the clubhouse, the revenue strea m has been minimal. In October of 2002, Tim
Grove (owner TNT) leased this space Ir u{f 1ndoor lessons, club fittings and golf training sessions
TNT deaded to 1enninate their contract,, ,' '.tt of W06.
111 April 2007, staff sent out an RFI (Req uest lvr ln':mnation) 10 detennine if any area retail
bu,,r,~sscs were interested in a location at the golf course. Although 16 vendors picked up the
doc uments, none were submiued.
In I ,~cember of 200 7, McGetrick Golf Academ1• (MGA) and O rtega Golf bo1h e xpressed an
lnt.-1es1 in offering lesson programs through th e in door leachin g fa cili ty. £ad, group submitt ed a
proposal Jnd met with staff on numerous occasions. Interviews were condur ted and MGA was
selected. MC.A WJS selected for th e foliowh1R reasons: higher revenue stream, free Inst ruction to
our Hole-N-One Junior golf program, discounted lessons to all [nglewood residents, financial
stabrllty, and a sr~at reputation in the golf industry. Also, Mike McGetrick was voted one of the top
1t•11 l11st1uctors in th e count ry by Golf Dige,1 and th e MtGetrl~k Golf Academy Is on~ or th e 1op five
golf schools.
FINANCIAL IM PACT
The term of the agrccmenl Is fo r one year with two-year re newal optlo11s by MGA and two
additional year options by agreemeni or both parties Broken Tee Englewood wm receive $1 0,000
plus 2°", ut uuhty to~!> in 1008. In 1009 and thereafter for the remainder of the agreement, the lease payment sh,111 he S20,000 annually plus 20% of utility costs (S 12,000 10 S 16,000) for an approximate lot,11 o f no less than sn,oco. Currently, net re,enues are approximately S 10,000 from lesson progr,lms. UST Of ATTACHMENTS Info on Mike McCctnck and MCA Bill fo, an Ordinance
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For Immediate Release ~ta1 17. 2005 McGetric k Golf Academy Selected as # 6 of Best Golf S,;hoo ls in USA
Den, ... CO • In ils jUSI released June 2005 edition, Go/f,\fag,i=ine identified its
selection of the 25 Best Golf Schools in the United States and once again honored
t-lcGetrick Golf Academy of Denver as one of the finest teaching programs in the
country. McGetrick Golf Academy has recei,·ed this award every year since its
inception.
For the fir.a lime, Golf Mogo:ine listed the ratings for eao:h school in the top 25 ranking.
The ratings reflected the feedback from 3,700 golf school participants across the country.
McGetrick Golf Academy was ranked sixth of nil golf schools in the USA. McGetrick · s
placed ahead of such schools as Butch Hannon School of Golf, Da,•id :..edbener Golf
Academy. Rick Smith Golf Academy, Jim McLean Golf Schools. Davt Pelz Scoring
Game Schools and Arnold Pnlmer Golf Academy.
··\Ve arc extremely pleased "ith this recognition. his especially rewarding when school
participants are instrumental in determining the ratings. I am very proud of our staff for
their commitment to providing we best possible experience for our students,'· snid Mike
McGetrick.
The award is only one more DSSOciated with the Academy. Mike McGetrick was ranked
as numbe r eight (U) of the Top SO Teaching Profwionals in the United States in Golf
Digest ·s selection process.
For more information contact.
Eric Johnson
303 799-0870
McGetrick Golf Academy
~900 Himalaya Road
Den\'er, CO
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GOLF. MAQAZIN ■
!OP 2S GOLi SCHOOL
Mike McGetrick
1999 National PGA
Teacher of the Year
GOLF
MAQAZINe
TOP 100 TEACHER
Top Eight Golf Digest's
50 Greatest
Teachers
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. //a I ORDINANCE NO. SERIES OF 2008 BY Alfl llOIUTY COlfNCII, BILL NO. 21 INTRODUCFD OY COUNCIL ME~mrR -----A Bil.LFOR
AN ORDINANCE APPROVING AN /\GREEMl!NT llETWEEN TIIE CITY OF
ENGLEWOOD AND McGBTRICK GOLF ACADEMY FOR A TRAINING CENTER AT
BROKEN TEE ENGLEWOOD.
WHEREAS, the Englewood Golf Course indoor training center was (13rt of the clubhouse
expansion in 1995, consisting of 6 hilling bays with two computer swing analyws ; 11nd
WI IEREAS, while the facility hns been a positive odditilln to the Clubhouse, the revenue
mcam has been minimal; and
WHEREAS, TNT leased the Tmining Center in 2002 offering indoor lessons, club fillings
and golf training sessions; and
WHEREAS, TNT decided to terminate their contract in the fall or 2006; and
WHEREAS, in 2007 a Request for rnformation was sent to determine if any an:a retail
businesses were interested in a location at the Englewood golf course; and
WHEREAS. proposals were recei ved and interviews were held: and
WHEREAS. McGctrick Golf Academy was selected for the following reasons: higher
revenue stream. free instruction to our Hole-N.One junior golf program, discounted lessons to all
Englewood residents, financial srnbility and a grent reputation in the Golf ind•,stry ns well as
bei ng rated in the top S golf schools by Golf Digest; ond
WHEREAS, the passage of this Ordinance will approve the Agrccmcnt to lease and manage the
Training Center located at the Broken Tee Englewood;
NOW, ''.'II EREFORE, llE rr ORl)AJNEI) DY nm c rry COUNCIL OF TII E CITY OF
ENGLEWOOD. COLORADO, AS rot.LOWS:
Seel ion I. The City Cowicil of the City of Englewood, Colorado. hereby authorizes and approves
the A~cnt for the lease and man11cement of the Training Cen1cr locnlcd 111 the Broken Tee
Englewood between the City and McGctrick Golf Academy, auuched hereto as AUnchmcnt I.
Sect ion 2. The Mayor and 111c Cily Clerk nrc lw·eby authoriml to sigr ,nd aucst said Agreement
for and on behalf of the City of Englewood, Cr lomdo.
lolroduccd, rc:.1d m full, and passed on first re. ,,ng on the 7th day of April, 2008 .
11uhh,hc'd o a 13111 for an Onhnancc on the I 1• .Jay of April, 200 . ATTEST: fames K . Woodward, MO)'Ot'
Loucri hia A Ellis, Cuy Clerk
I, Loucri1hiJ A. Ellis, City Clerk oflhe City of Englewood, Colo•a<lo, hereby cen1fy that the
nbovc and foregoing is a true copy of a Bill for an Ordinance, introduced, rend in full , and pll.'lscd on
first reading on the 7th day of April, 2008.
Loucrishin A. Elli s
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A T T A C H AGREEMENT ,◄ E THIS AGREEMENT, hereinafter called "Lease', made and entered into lhis __ day or_ JJ ---,--------,-~ 2008, by nnd between the CITY OF ENGLEWOOD, a Colorado T municipal corporation, hereinafter referred to as "City", and McGETRl CI( GOLF ACADEMY, hereinafter referred lo as "Trnincr"; 1 WITNESSETH:
WHEREAS, tho City owns cettain real property which is lmown as the Broken Tee
Englewood Municipal Golf Course Clubhouse And Training Center, hercinafter called 'Training
Center', and located in the City of Sheridan; and
WHEREAS, City and Trainer desire to cntcr into a lease for the management of the Training
Center located at the Broken Tee Englewood Municipal Golf Course;
NOW, THEREFORE, for and in consideration of the mutual covenanta hereinafter appearing
and of the payment of tho monles hereinafter set forth, the parties hereto agree as follows:
~ STATEMENT OP INTENT.
The purpose of this wso ill to provide video golf trnining, instruction, olub fitting and
club sales. Tho Trainer will not bavo exclusive right to all club sales .
~GRANT.
Toe City hereby agrees to allow the Trainer to use the area descnl,cd in ''Exluoit A" of the
Englewood Clubhouse Training Ccntbi' plus use of the driving range and practice areas.
There will be space on the driving range and practicing area designated for the Trainer;
however, it will change throughout the year.
Section 3. DEFINITION OF PREMISES.
The "Leased Premises" os referred to herein is defined to be the Golf Clubhouse Training
Center, which is owno:d by the City ofEnglcwood, Colorado. Sec Exhibit "A".
~-TERM 01' AGREEMENT.
The City hereby grar•~ lo Trainer the right to hold the Leased Premises pulSWllll to the
terms of this Lease fG, e (I) year Lease with two (2) one (I) year renewals at the
option of the Trainer, I ••ith two (2) additiooal optional one(l) year periods by
agJCCmCllt of both paz~ lf tl1c Traioer u:lcmi., to n:new the C011tmct they must infonn
lhe Director of Porb a.id Rccn:ataon ninety (90) days prior lo tcrminution of the Lease.
The City shall infonn Trainerofats decision through the Director of Parb and R=lion.
~ USBOFTHEPIU!MIS8S.
Tminer shall have the right to possession of the Leased Promises for U1e purpose of
providing video golf training, instruction, club fitting end club sales. However, notlting in
this Lease shall be construed to eulhoriu lhal which is prohibited under United Stoles,
Stale or local law, ordinnnce, code or regulalioa
Section 6. SERVICES . All services provided by the Trainer shall be reviewed and approved by the Director of Parks and Recreation. The Trainer will provide lessons and clinics for the C11y. The City will continue 10 offer the Hole-N-One l'rOb'l1lm, Par 3 League. golflcam Rnd some lessons. The Trainer will provide free instruction for the I-lole-N-One Program. Tho Trainer will provide lesson discounts for Englewood res idents and Parks ,md RocrcMion ~ponsored programs.
~-HOURS OF OPERATION .
a) From May I st through September 30th of each year, the Tr1iner shall provide digital
video golf analysis six (6) days per week and during these months shall be open each
day to the public from 9:00 AM and shall remain open until S:00 PM
b) During the months of October Isl through April 30th of each year, the Trainer shall
provide video golf analysis live (5) days per week and during these months shall be
open each day 10 the public at 9:00 AM and shall remain open until 5:00 PM.
c) Nothing herein shall be construed as prohibiting the Trainer from being open fo r
other hours in addition to those stated in Paragraphs "a" and 'b" above. Trainer may
close on Christmas Day and Thanksgiving.
d) Trainer agrees to cooperate with the Golf Course Manager in scheduling golf
meetings and events. In the event of any disagrccmcn~ the m:nter shall be referred
to the Director of Pam and Recreation and bis/her decision i1 fonal.
c) Any adjustments to the hours of operation must be approved by the Director of Pmts
and Recreation or lus designcc.
f) Trainer and or the City may temporarily close the Training Center for cleauing,
construction and maintenance under a mutually agreed upon schedule.
Section 8. MAINTENANCE, REPAIR AND REPLACEMENT.
a) The Trainer s hull be responsible for repai 111 and/or rcpluccmcut of muls, nelling,
painting, carpel, video equipment, TV's, cameras and all other L'QUipmcnt associated
with the leased premise.
~-CLEANLINF.SS GUIOEI.INES.
a) All rules. regula11ons and guidelines required by the City of Engle\\ood must be
adhered'"·
b) All apphrablc locol, slate and Federal Government Acts and Rcgulntioru, must be
adhered to.
c) Any specific guidcltnes established by the Director of Parks ond Recreation must be
adhered to.
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~.R.ENT. a) Tmincr shall pay rent to the City in nccordoncc with che following schedule.
ii.
iii.
Commenci ng on June I", 2008, lhc Tminer shall pay lcn lhousnnd dollars {$10,000.00) annually in moncltly inscollmenls with theossumption the Broken Tee Englewood Golf Course opens on May 24, 2008, nnd shall be proraced upon lhe opening date of the Broken Tee Englewood Golf Course. In 2008 only, the City will reimburse lhe Trainer fifiy percent (50%) of rent for
rcoovation costs for carpet, paint and renovation to reception area; not 10
exceed lcn thousand dollars ($10,000.00) or lhe City's portion. All
work/renovations must be prcapprovcd by the Director or Parks and Rccrcacion
and the Direclor of Public Works. Tminer will provide copies of receipts and
invoices for all renovation work
Commencing on January 1•, 2009, chc Trainer shall pay $20,000 per year, paid
monlhly ($1,666.67 per month).
Trainer will provide third puty sponsorships for the Holc-N-Onc Jr. Prognun;
a sponsorship list will be provided to the Director of Parks and Recreation or
his dcsignec.
The aforesaid fixed rent payments shall be paid each monch, in advance, on the
firsl day or each monlh or or, the firsl Monday of each month if lhc firsl day
falls on Saturday or Sunday .
A penally fee of $10.00 per day or port thereof shall be charged for each day or
part thereof that the rcnl iJ post due, until 12:00 midnight on the 14th day past
due. If the rent payment is not received by midnight on the 14th dAy past due,
lhe Tminer shall be in violation of the terms of this Agr~-ement, nnd subject to
termination.
~-UTILITIES.
The Trainer will be responsible for twenty pcn:cnl (20"/4) of all utility costs for the entire
building.
Smi2nJ2 JANITORIAi, SERVICE AND TRASH REMOVAL
City shall be responsible for the reasonable cost of trash removal and janitoria l service
(provided seven (7i days a w<.-ck) for the Leased Premises. Nothing in this Paragraph shall
diminish the Trainer's requirements set forth in Pamb'lllphs 9 and 10.
~ PARKING l'ACCLITIES .
a) The existing parking facility ndjoccnt to the Golf Course Clubhouse (hcrcinnncr
called "parking facility") shall be open for use by Trainer and its cuslomcrs; such
right of use of the said parking facilities shall be non-exclushc right.
b) City shall at ils own expense main loin the parking facility, which shall include snow
rcmo•nl when necasnry.
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~ IG S Any signagc forthc leased premise shall be the sole rcsponsib1h1y of the Trainer. All signagc must be approved by I.he Dn-.ctor of Pnrks and Rccreau c>n or h,s Jcsi gnec . ~ ADDmO AL FACILl11ES AND EQUIPMENf. Trainer shall ha~ I.he nght to inslllll add111onal factli1ies and equ1pmcn1 w11.h 1he conscm
of the Director of Parks and Recreation or !us designcc. Pennancntly atlllchcd fix lures or
equipment shall become property of the City upon tcrmiru11ion of lhe lease . Pcrmancn1ly
a111Jched fixtures are considcrcd lo be any item that causes damage to the building upon
removal .
~SECURITY.
Trainer is respons Jlc for the orlaining of theft insurance covering equipment, supplies and
personal property of Trainer. ~uch policies shall conlain no right of su brogation against
the City . Trainer shall provide a copy of the policy to the Director of Parks and
Recreation. Additional costs for security, as required by the Directo r of Parks and
Recrea tion or his dcsigncc, shall be the responsibility oflhe Trainer.
~-PERSONNEL.
a) Trainer shall at its own expense employ such qualified persoonel as may be
ncccssnry for the training operation and shall require all personnel to be clean , polite, •
nnd courteous in their transactions wil.h I.he public.
b) Tnuncr shall give personal supervision and direction to I.he opc:mtion orthe Training
Ccn1er 11/ld, when absent, keep competent personnel in charge.
c) City shall not be responsible for the wages or salaries of any employee or
rcprcscn11livc orTminer, nor for 311y dcbls, liabilities or other obligations of Trainer
d) either the Tnincr nor the l'mployces wbo perform services pursuanl lo the
Al,'fCemC!lt shall be cons,dcml employees, servants or agents of the Clly of
l'nglcwnod as I result of the pcrfonnuncc of services under the Agn,cmcnl.
c) Violence and acts prolu1>ucd by lnw committed by Tmi11cr or employees ofTmmcr
shull cau.e Immediate tcrrrunation of the Lease.
_cc.!iru!...l!. LI f!NS£!S AND PIJRMrrs .
l'r~mcr, nl ii.I own expense, shall secure nny and nil licenses and permits for services .
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~-INSURANCE/INDEMN!flCATION a) Trainer agrees to furnish to City a performance bond or letter of credit in the nmount of Twenty Thousand O,,llars ($20,000.00) guaranteeing faithful performance by Trainer of nil payment of r<!III, utility costs, etc., nlong with all tcnns, covenants, and conditions herein contained and compliance with applicable City ordinances. Said bond shall be furnished within 30 days of sii:ned agreement and shnll renew in effect for the tern, of the lease.
b) T,aillCf shall at Trainer's own expense keep in rull force nnd cffe<:t during the term of
this Lease statutory Worker's Compensation coverage. A copy of the certificates of
insurance shall be sent to the City in care of the Department of Risk.
c) INDEMNIFICATION . Trainer agrees to indemnify nnd hold harmless the City of
Englewood, its Council, employees, insurers, and self-insurance pool, from and
against all liability, claims, and demands, on account of injury, loss or damage, of
any kind whatsoever, whicb arise out of or arc in any manner connected with
Trainer, if such injury, loss, or damage is caused in whole or in part by the act,
omission, or other fault of Trainer, or any officer or employee of Trainer. Trainer
agrees to investigate, handle, respond to, and to provide defense for any such
liability, claims, or demands at the sole ell])cnse of Trainer, and agrees to bear all
other costs and expenses related thereto, including coun costs and attorney fees,
whether or not any such liability, claims, or demands alleged are groundless, false, or
fnudulent .
d) INSURANCE.
i. Trainer is to procure and maintain, at Its own cost, a policy or policies of
insurance sufficient to insure against all obligntions assumed by Trainer
pur,;uant to this Lease.
ii. Trainer shall procure and continuously mointaln tho minimwn insurance
coverage's listed below, with the forms and insurers acceptable to the City of
Englewood. In the case of any claims-made policy, the necessary retroactive
dates nnd extended n.:porting periods shall be procured 10 maintoin such
continuous coverage.
(A) General liability nn~ errors and omissions insurance with minimum
limits of one million aollnrs ($1,000,000) per each person and one
million dollars ($1,000,000) per ench occurrence, plus on ndditionnl
amount sufficient to pay related attorneys' fees and defense costs.
iii Fire nnd Extended Coverage Insurance shall be provided by the City on the
ClubHouse building, and extended buildings included in Leased Premises,
onl)', Trainer shall be solely responsible for securing and paying for insurance
coverage on those improvements and contenu belonging to Trainer located in
or on the Leased Premises. Trainer hereby expressly waives any cause of
action or right of recovery, which Trainer may hereafter have ngainst City for
any loss or damage to Lc3scd Premises or to any contents or improvements
thereto belonging to either pnrty, caused by fire, explosion. or theft
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iv. The policies required above shall be endorsed to include the Cuy of Englewood nnd the Cit)' of Englewood's Council nnd employees ns nddiuonnl insured. Every policy required above shall be primary insurance, nnd any insurance carried by the City of Englewood , its officers, or its employees, or carried by or provided through any self-insurance pool of the City of Englewood, shn ll be excess nnd not contributory insurance to thnt provided by Trainer. v. The ccnilicate of insurance provided to the City of Englewood shall be
completed by the Trainc(s insurance agent as evidence that policies providing
the required coverage's, condilions, and minimum limits arc in full force and
effect, and shall be reviewed and approved by the City of Englewood prior to
commenccmcnt of the AgrcemenL No other form of certificate shall be used.
The certificate shall identify this Agreement and shall provide that the
coverage's afforded under the policies shall not be canceled, terminated or
materially changed until al least 30 days prior wrillcn notice has been given to
the City of Englewood. The oompletcd certificate of insurance shall be sent
to:
Cily Clerk
Ci1 y of llnglcwootl
l000 Engl,-wood Pnrkw~y
Englewood, Colorado 80110
A ccnilied copy of any policy shall be provided 10 the City of Englewood at its •
request. A copy of the catificates of insurance shall be sent lo the City in care
of the Department of Risk, 1000 Englewood Parkway, Englewood, Colorado
80110.
vi. The parues hcn:to undcntWld and agree that the parties arc relying on, and do
not waive or intend to waive by any provision of this Agrccmcnt, the monc:tsry
limitations (presently $1,000,000 per person and $1,000,000 per occurrence)
or any other rights, immunities, and protections provided by the Colorado
Govcrnmcntal lmmunity Act, C.R.S. 24-10-101 et seq., as from time to time
amended, or otherwise ovniloblc to the parties, their ollicers, or their
employees.
A certificate evidencing said insumnce policy shall be kept on file with the
Department of Risk of the City and shall have a provision that the same shall not be
altered, amended, or canceled without first giving wriuen noufication thereof to !he
City ll'Jrty days prior thereto. Trainer further agrees lo indemnify the City for any
claims brought against the City because or on account of Trainer's opcmtion. A copy
of the certificates of insumnce shall be sent to the City in care of the Department of
Risk.
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Section 20. I-IRE OR NATURAi. DISASTERS. In 1hc event fire or 11a1ural disaster renders the Club llouse and its Truimng Center fac1h11cs ,norcmble, the Trainer ,hall be released from the tcnns or compensation to be paid the Cuy until such time as the Club I louse and us Training Center foc1h11es are declared open and op..'1'3blc by the Cuy. tr m the event such Training Center foc,lities arc nol open and operable within a period ofthiny (30) days from the tune of such disaster, Trainer hns the right to tcnninate its contract and Lease with the City under Section 24,
Tcrminat,on or Lease, contained herein.
Sect ion 21. TURMINA'nON OF LEASE.
n) 11,is wse may, at any time, be tcnniMlcd by either pany upo11 thiny (30) days'
wriucn notice to the other wnhout cause.
b) The pan,es may terminate the Lease by giving thirty (30) day,' wrillcn notice of a
'"ola11onofparagrnphs5,6, 7,8,9, 10, II, 12, 13, 14,and IS.
c) Violation or paragraphs 16, 17, 19, and 20 shall be grounds for immediate
tem1inn1ion of the Lease.
Section 22. DELIVERY AND REMOVAL UPON TERMINA'nON.
Trainer will deliver the premises at the tennination of this Lease mas good condition and
state of repair as when re<.civcd, except for ordin:uy wear and tear or loss or damage
caused by an act of God. L'pon termination, Trainer shall have the right to remove any
supplies or pmonnl propcny belonging to or installed by the operator, subjcx;t, however, to
any valid lien or claim, which City may have for unpaid fees. Provided nlso that if said
removal causes nny damage to the premises, said Trainer will repair the smnc in a proper
and suti sfoctory 111nnner at its own expense.
Section 23. This Agreement may not be assigned and n sublease shnll not be allowed without the
wnttcn conS<.'lll of both ponies.
Section24 AlTORNEV FEES l'REVAILING PARlV.
In the event that either pnny to thts Agreement shall commence any action agnmst ihc other party
arising out of or ,n connection with this AIJf~'CtllCnl, or contesting the validity of this Agreement
nr nny provision of th is Agreemen t, the prevailing party shall be entitled to recover from the
ot her pa11y reasonable attorney's recs und rclnted costs, fees and expcn~cs inc urred by the
prevailing party in connec tion with such action or proceeding.
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All notices, demands and commumcations hereunder s!.nll be pcnmnally served or given by certified or rcgis1ered mnil, nnd: •l If intended for City shall t,., addressed 10 C ily at: City of Englewood
Aucntion: Director of i'ar:Cs and Recreation
I 000 Englew<'Od parkway
Englewood, Col or:ido ,011 0
with a copy to:
City of Englewood
Attention: City Auomey
I 000 Englewood l'atlcway
Englewood. Colorado 80 I I 0
b) If intended for Trainer shall be addressed to r ,.ii,•r ,t:
McOetrick Golf Academy
Aueotion: Bnen Thomson
4900 Himalaya Road
Denver, Colorado 80249
c) Any notice given by mail shall be deemed de livered when deposited in a United
States general or branch post office, addressed as above, with postag~ prepaid, or
when served personall y at the applicable address.
Section 26. ENTIRE AGREEMENT.
11\is Lease, logcthe.r with the Exhibit A ollochcJ hereto:
a) Contains the cnurc Lease between the parhcs; and
b) Shall be f!Overn,.-d by the laws of the Stnlc of Colored~.
Section 27. SEVERAD£LITY.
If any clause of pro,'!Sion of this Lease ,s illegal, invalid or unenforceable under present or
future laws effective during the tcnn of this Lease, then and in that event, ii is the intention
of the parties hereto thnt the remainder of this Lease shall not be affected thereby. It is
also the inte11tion of the parties to this Lease thnl in lieu of cnch clnuse or provision of this
Lease tlult tS illegal, invalid or unenforceable, there be added as a part of this Lease a
clause or provision as similar in tcnns 10 sueh 1llegal, invalid or unenforceable clause or
provision as may be possible and be legal, valid and enforceable.
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~ CAPTIONS . The captmn of each cctJon ,s added as a maucr of convenience only and shall not I c considered in the construction of any provision or provisions of this Lea c. ~-BINDING EFFECT. All lcrT11$, conditions and covenan· observed and performed by the panics he 'Clo
shall be applicable lo and bindina ;,on lhdr respective heirs, administrators, c:xecu ors, successors and assigns.
IN WITNESS '-''HEREOF, the J "•1,:-,; hereto have hereunto set their hands and sr als 11,1 of the day and ycnr first above wriuen .
McGETR.iCK GOLF ACADEMY
0 Tmincr"
STATEOF 6ttv.1.ru)
COUNTY OF tfu.,4.iu({ ss.
TI15 forcgo~nstru~ged befum this ), day of d,_,lM-,{,
200_{_, by 4.A. 11.'l 1.:-{JI:i::,t of~o f Academy.
My Commission expires : /i-/J./~f.
@:~ c1 ck,IJ_
Notary Publ ic
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• • City Of Englewood ., «;CD)JLJF _,_(CCO)}lJIR®JE Exhibit A
Exhibit A
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COUNCIL COMMUNI CATI ON Dal e: Agenda llem: Subjed: April 7, 2008 llcl Resoiu1ion Supporting the SJle and Oispo~ilion of Proceeds from the Sale of Englewood Mclellan Reservoir fClundation Property to the Regional Transportation Oistnct
Initiated By: Slaff Source:
Finance and Adminlslr.Hivc Services Department Frank Gryglewlci, Director
COL 'ICIL GOAL ANO PREVIOUS COUNCIL ACTION
City Council has discussed the Mclellan Reservoir property on numerous occasions. Cily Council
aµproved the forma tion of the Englewood Mclellan Reservoir Foundation (EMRF) on May 3, 1999
and the [MRF articles of incorporation were •igned on June 1, 1999. Council passed Resolution
75, Serles of 1999 tran sferring funds from thr• Water Fund to the EMRF and passed Ordinance 41 ,
Series of 1999 transferriog property from the City to the EMRF. Council passed Resolution 3, Serles
of 2006 approving the apprc•prlation and transfer of Sl00,000 from the General Fund to the EMRF.
Council passed Resolution 3'!, Series ol 2007 advancing $50,000 to the EMRF .
RECOMMENDED ACTION
Staff recommends City Council approve a Resolution supporting the sale a nd the following
disposition 01 funds received from the Rrgional Transportation Dlsirict's purchase of land from the
Englewood Mclellan Reservoir Foundation:
GROSS PROCUOS FROM THE s,m Of PROPERlY
CLOSING COSTS
NET PROCEEDS FROM THE SALE OF PROPERTY
DI SPOS ITION OF PROCEED S:
WATER FUN D:
Rep.lymenl of C1\h Adv.mce
Payment ,n ruTI for land
To1,1I l',,ymcn1 10 Willer fund
GENERAL FU N D:
RepJymrol of C.1sh Advance
Rep,1yme111 or C,1sh Adv,,nce
Toi.II Pay1111•n 110 1lie GenC'l•i fund
SJ,200,000.00
S3,t99,8t7.50
SI 00,00l),00
ill.O.ru..QQ
SJ80,675.00
SI 00,000.00
lli.2!l!l.l!!!
S I 50,000.00
ENGLEWOOD MCLELLAN RESERVOIR FO UNDATION: Op<'fallnr nudgel 1hrough 2010 (Insurance, Leg.11, e1c.) I •nd Ptepat,lllOll • l'lann,ng Ne• 81 L,1nd Prev,1r ,11.ion • 1'1.111n1ng Nea 84 L,1nd PreparallOfl • l'l•nnoog Nea 85 L,md Ptep.,r.1110fl • RTO £sllm.11ed Pdy,nenl Con1ongCflC) Toi,~ Ne1 Parrnen1 10 EMRF
TRANSFER TO THE GENERAL FUND LONG TERM ASSET RESERVt
FINANCIAL IMPACT
S200,000 Sl70,000 Sl00,000 $1,300,000 ($500,000) 1l!!!!.!l2l2 Sl,170.00000 $499,142.50
This action makes th e General ind Water Funds "whole" and funds the operations and land
improve ment ac1ivilies of the Englewood Mclellan Reservoir Foundation. The funding of th e EMRF
should, In the fu ture, yield a long-term revenue stream when the property is leased and rents are
collected and remitted 10 the Foundation. At this lime it is assumed the rents will be coll ecled and
remitted (nel of necessary operating expenditures) to the City for use as determined by the City
Council.
UST OF ATTACHME NTS
Proposed Re solution
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RESOLlTflON NO. SERIES OF 2008 A RESOLUTION SUPPORTING nil: 0 Alf AND DISPOSITION OF HIE PROCEEDS FROM THE SALE OF A PORTION C · : Hh ~.:NGLEWOOD Mel.ELLAN RES ERVOIR FOUNDATION (EMRF) PROPERTY TO THE REGIONAi , TRANSPORTATION DISTl<JCT (RTD).
WHEREAS, the Englewood /McLcllan Reservoir Founda1ion (EMRF) was formed 10 pro1ce1
and oversee the devclopmcnl of the Mclellan Rcservoi• property: and
WHEREAS, in planning for the development of 1hc ~,~Lcllnn properties, the establishmen1 of
a lighl rail station on EMRF Property Bl C-470 and Lucent Boulevard has been a primary clement
for development of EMkF propcrtiC$ south of C-470; and
WHEREAS, sincc1hc pas,.•<, of , •• Tracks in 2004, EMRF has worked with RTD 10 insure
tlia1 the SUI lion site was b nu, I ~ , • :t'1ima1cly IO acres to allow for future developmcn! of the
adjacenl EMRF property; anu
WHEREAS, RTD is purchasing 1hc property under lhre.it of condemna1lon; and
WHEREAS, the RTD purchase of such property has been ,·omplcted: and
WHEREAS, the pnssoge of this proposed Resolulion will support the sale and disposi1ion of
the proceeds of lhc sale of EMRF propeny 10 lhc RTD;
NOW, Tlf EREFORE, BE IT RESOLVED BY THE cn·y COUNCIL OFTHE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-The C,1y Council of 1he C11y of llnglcwood, Colorado supports the dispos 11ion of
proceeds from lhe s:ale ofn port ion oflhe Englewood McLcllnn Reservoir l'oundn1ion (EMRF)
property 10 the I !llOnnl l 1Jnsporta1ion DislriCI (RTD), as follows :
GROSS PROCE EI ►'ROM T II E SAL E OF PROPERTY
CLOSfNG COSTS
NET PROCE EDS FHOl\1 T UE SA I.E OF PROPERTY
OJSr OST ION OF PROCEEDS:
WATER FUND:
R~-pay,nenl of Cash Advance
Paymcnl in l'ull for Lnnd
Total Paymcnl to Waler Fund
GENERAL FUND:
Rcpa]1ncn1 of Cas h Advance
Repaymcnl of Cash Advance
$3,200,000.00
182.50
$3,199,817.50
S 100,000
~
S 380,675
$ 100,000
L..llil!!2
To1nl l'a yme m 1n 1hc General Fund 'GLE\ 000 kLEL ER OIR FOUNOA TION: pcnillng Budget through 2010 (Insurance, Legal, etc .) uind Prcpan111on -Planmng Arca 81 tand Preparat ion -Planning Arc: 4 Land l'repata11on Plaruiing Area SS Land Prepan111011 Rm Es1ima1cd Payment Con lingcncy folllf Cl Paymcn1 to EMRF 150,000 200,000 S 370,000 S 700.COO Sl,300.000 ($ 500,000) S 100.000
S2,170,000
T FER TO THE GENERAL FUND LO G TERM A' ET lll..►,RVE $ 499,142 .50
~ The Ci1y Man age r and lhe Dircc1or 01 ·•ancc and Admin 1:,1 rativo Ile ,ices ore
hereby authorized lo disperse lhe proceeds from 1he s-Jc of a portion of lhe Englewood Mclellan
Reservoir rounda1ion (EMR.F) property by lhe Regional Transportation District (RTD) as
indica ted above .
ADOPTED AND APPROVED lhis 7th day of April, 2008 .
ATTEST:
James K. Woodward, Mayor
l..oucri hia A. Ellis, i1y Clerk
I, l..oucri1hia A. Ellis. City Clerk for lh< City of Englewood, Colorado, hereby certify the
above 1s a lrllC c:orY of RCJOlution o. ___, Scnes of 2008 .
Loucnshia A. Ellis , C1 1y Clerk
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COUNCIL COMMUNICATION Date: Agend a Hem: Subject Apnl 7, 2008 11 C 11 Supplemental appropriation for items not appropriated In the 2008 Budge t and a year-end supplemental ,1ppropriation to the 2007 Budget Initiated By:
Finance anti Admh1ls trative Services Depa, tment
I Staff Source:
Frank Gryi;lt,wicz, Director
COUNCIL GOAL AND PREVI OUS COUNCIL ACTION
City Council has not discussed these supplemental appropriat:on~ specifically, but Council
approved the 2008 Budget and Appropriations Ordinances on final rt!ading in October 2007.
RECOMMENDED ACTION
Staff recommends Clly Council approve the attached Resolution for a supplement.JI appropriation
to the 2008 Budget for the fofl1. ,,ing funds:
GENERAL FUND;
SOURCE OF FU NDS:
Legislation -Keep foglewood Beautiful (KEB} Conmbutlons
USE OF FUNDS:
Unreserved/Undesignated Fund Balance
WATER FUND:
SOURCE OF FUNDS:
Available Funds
USE OF FUNDS:
Property and Liability Insurance Premiums (various divisions)
SEWER FUND:
SOURCE OF FUNDS:
Available Funds
USE OF FUNDS:
Property and Llabihty Insurance Premiums
$15,(l()()
$15,000
S74,B20
$74,820
$7,960
$7,960
S1<11t 1t•t ,,mm •n ch ("11 , 111mcd apprme ,uppl~rnimt,il Jpp1 11 pn.111 o m 10 tlw 200 7 Bud 1:,•1 tur th, folio" mi: 1u nd,. 0 RCE OF FU OS: llnr,• 'l\ed Unde 1gna1ed Fund Balance U E Of FU OS: T ra n,fer 10 Donors Fund -"eep Englewood Beautiful
SOURCE ()F FUNDS :
Trans( r In from General Fund
Reserved Fund Balance -Safety Services
Unreserved/Undeslgna led Fund Balance
To tal
USE OF FUNDS:
K e p Engl ewood Bea ut iful Do nors Fund Pr ogra ms
Safety Se rv ices Do nors Fund Programs
Rec rea ti on Do nors Fund Progra ms
To tal
COMMERICAL REVOLVING LOAN FU D:
SOURCE OF FUNDS :
Unreserved/Unde lgna ted fund Ba lance
USE OF FU OS:
GrJnt to Micro Business 01!\ elopment
SOURCT Of FU OS :
Unre ereed/Un<k-gnat d Fund Bal.in c
USE OF FUr JDS :
S hol.ir h,p
CENTRAL SERVICES FU D:
SOURCE Of fUNO :
Rc tJmccl (arnln1:•
USE Of FUNDS :
OSI of Goocf So ld
SIi.ii;'!,
11,876
$11,876
SS0,000
llQJM
$11 2,000
$31,000
$50,000
filill!Q
$11 2,000
S69,800
$69,800
Sl ,000
S l,IIOII
S4,20ll
$4,200
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PAVING DISTR ICT NUMBER ~8: SO URCE OF FUNDS: A-,,ess ment Rev~nues USE OF FUNDS: Interes t on Long-r,,rm Oehl $11 10
BACKGROUND, ANALYSIS, AN D ALTERNATIVES IDE NTIFIED
The supplemental appropriation lor 2008 Is lo, ,tcm that were discussed and incl uded 111 the 2008
Propo5ed Budget, but were inadverlendy not included In d,e final Budget and Appropriallons
Ordinances submitt ed and approved by City Counci l.
11,e supp lemental ,1ppropriations lor 2007 a,e presented ior Council's considera tion at this lime
because to tal expe nditures lor th e year are olten not fully known until all expenditures arc paid,
which is often months after year-end.
The Dono rs Fund expended lunds lor KEB (Household Hazardous Waste Round Up), Salety
Services (Forfeiture Funds Programs), an d Recrea tion (General Programming) in 2007. The
e~penditures ol ths'Se lunds were not lully known and the refore no t app rop riated at the time the
2007 Budget was prepared .
The Commercial Rel'olving loan Fur~ made a grant to Micro Bt,siness Development in !007 but
the use ol these lunds was nol zntidpated and therelore not appropriated a t the time the 2007
Budgc l was prepared.
Parks and Recreation Trust Fi:nd d,d nol app,opn,1 1e e,q,e nd,tures fo r scholarships which were
lunded lrom unre,erved/undesignaled lund r .,t,,nct•.
TI,e Cenlfal Services rund's co,t oi goods sold w.,s higher than e,pec1ed lor 2007 but will be oll,e1
by interdeparlmental hilli, i:s.
P,mng D,st nrt N111nber 38 collcct,•d .,,,essment, that were no t budgeted ,md will be used to pay
Interest on debt
FINANCIAL IMPACT
The ,11ppll' ,ll'nl ,1ppruproa1lons were part of the ~(l08 Propos.,tf Budget so there w,11 not be .,,,
1mp,1ct "" 1l1e Budget .is approwd by Council.
• The ,;rneral Fund's 2007 unreMcrved/undesigna ted fu ncl balan e wtli decr~ase $ I l ,676.
• Th,• Donors Fund's reserved lund balance decreased by S 100,124 for 1007.
• TI1e Co111111crl 1,1I Revoll'ing Loa n Fun d's 2007 ending unreserl'ed/undes1gnated lund
b,1lance decreaserf SM,800 .
• The Parks and Recreallon> Trust Fund's 2007 unreserved/,.,,des1Bnated fw1d bal,111ce
clecrea,ed $1 ,ROO.
• The Central Ser.iles' 2007 retained e3rnmgs decreased S4.~00 hut ~1e detrc,ISP ,.,,; ofi;cl by additional l~lltngs or revenues. • The ,~, enue collt.'Cted from assessments m Paving District Number 38 ",II be us~d IO pay mterest on long,tenn debt. LI ST OF ATTACHM ENTS Resolutton
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RESOLUTION NO. SERIES OF 2008 J / a-i ; A RESOLUTION APPROVING A SUPPLEMENTAL APP ROPRIATION TOTHH 2007 AND 2008 BUDGETS FOR ITEMS NOT PREVIOUSLY APPROPRIATED. WHEREAS. the City of Englewood is required by Cit y Charter lo ensure 1hn1 expe11d11ures do 1101 exceed lcgnlly adoplcd appropriaii ons: and
WHEREAS, this supplemental appropnation 10 the 2008 Budget is for item.~ inad,ertcntly
onuucd from the final Budget a11d Appropria1io1~ Ordinances when submitted and approved by
the Englewood City Council in October 2007; and
WHEREAS, this supplcmcrnal appropri~tion to the 2007 Budget is due to total expenditures
for the year 001 being fully known, w1til all expenditures arc paid, which is often monlhs nftcr
year-end and therefore not oppropriaied nt the li me the 2007 Budget was prcpnrcd:
NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIi.. OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I. The Budget fo r the City of Englewood, Colorado, is hereby amended for the year
ending 2008, as follows:
2008 SUPPLEMENT AL APPROPRIATION
GENERAL FUND
SOURCE OF FUNDS:
Lcgisla1ion _1:p Englewood Beautiful (KED) Contnbutions
US E OF FUNDS:
Unrescr.cd/Undcsi gnotcd Fund Dnlnncc
WATER FUND
SOU RCE Of' FUNDS:
Avoil.ible Funds
USE o•· FUNDS:
Property nnd Linblhty lnsuronce Premiums (various divisions)
SEWER FUND
Available funds
US E OF FUN DS:
Property and Linb,llty Insurance Premiums
S 15,000
S 15,000
$ 74,8 20
$ 74,820
$ 7,960
$ 7,960
~ The Ci ty Mnnn ger and the Director of Finance and AJmin;s1ro1ive Services nre
hereby nuthoriled 10 mnkc the above chnnges to the 2008 lluJget for the Chy of Englewood.
~-n,e Budg<:1 for the CU) of Fn~k.,.noo. Color:iJ.,.1, h~ch) ;11,.,11,kJ for the year cnJing ~007. as folio•,-,;· 201, • YEAR END SIJPPL£MFNT,\I. Al'PROPKI AT ION GF.NERAL FUN D SOllltn: OF FUNDS: Unrescrvcd/Undes igna tcd Fund ll.n lnnce
USE OF FUNDS :
Transfer to Donors Fund Keep Eoglewood Bcaut ,ful
DONORS FUND
SOURCE m . LNDS:
Transfer In From GcnCIIII Fund
Reservt .' Fund Balnncc Safety Services
Unrese, . ad/Undcs l1,rna tcd Fund Oalnncc
Total
USE OF FUNDS:
Keep l;nglewood Bcnu1iru1 Donors Fw1d Programs
Safety Services Donors Fw,d Progn,ms
Rocreauon Donors Fund Programs
Total
COMMERCIAL REVO LVING LOAN FUND
SOURC E OF FUNDS:
Un=ed/Undesignatcd Fund Balance
us i,: OF F UN DS·
Gmnt to M,cro Busi nc.,s Development
PARKS AN D RECREAT ION '!'RUST t'IINU
SOURCE OF FUNDS:
l/nrcscrved/Undcsignatcd Fund llolancc
Ul>E Of fUNDS:
Scholarships
ct:NTRAL SERVICES FUNO
SOliRCE OF FUNDS:
Rctnined Earnings
USE OF FUNDS:
Cost of Goods Sold
S 11,876
S 11,876
S 11 ,876
$ S0.000
LMl.ill
$ 112,000
~ 31,000
S S0,000
LlLllQQ
S 112.000
$ 69,800
$ 69.800
S 1,800
S I.KOO
S 4,200
$ 4.200
•
•
P \'ING lllS I l{ICT 1'0. JR: $ 10 C t-:OFI' 0 ·: lntcrCSI On Long rcrm Debi 810 Scc11on 4. The Cny M111U1gcr and 1h · Director ort-1nancca...! Adm1ru s:n11ve S :n·,ces arc
hereby authonzi:d to make tile above changes 10 1hc 2007 Budget for the City of 1glcwood.
AOOPTF.IJ AND APPROVED 1his 7th day of April, 200 .
ATrEH :
James K. Woodward , M1 yor
Loucrishin A. Ell is, i1y Clerk
I, l.oucrishia A. l!lli s, Ci1y Clerk for lhc Cily of Englewood. Colorado, herd y ccnify the
above is a lru c copy of Resolu1io~ o. __ • Scncs of 2008 .
Loocrishin A. Elhs C11y Clerk
Page I of I Jeanne Kelly From : Carol Wescoat Stnt: Friday , Apnl 18, 2008 4'08 PM To: #AIIEmadl lsers SUbjt<'I f\,1 The City of Engle, 100d 1s participating In a ·savers lnrbalNe" program that Is being conduc1ed by ICMA .; The program Is studying saving habits. Full -time employees may be contacted at their work phone numlier by a
marketing firm (WB&A) representing ICMA-RC and request their participation In a ·focus group· or a te lephone
Interview. Participates may be eligible lo receive compensation for participation from WB&A WB&A w,11 protect
the conrldentlafity of any data collected This data will be used exciuStVely for the research project
Contact with employees Will be at vanous bmes during the last haW of Apnl and May Your participation in thls
program Is voluntary. The City will not compensate you for your participation In the program
Please post this Information for those without email
Carol Wescoat
Retirement Administrator
City of Englewood
303ns2-2400
4121 12008