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Home My WebLink About2007-06-18 (Regular) Meeting Agenda PacketAGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, June 18, 2007 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '7. · Jt:; ~ 2. Invocation. ~ 3. Pledge of Allegiance. ~ 4. Roll Call. fl~ / ~;J/,t9t)~) 5. Consideration of Minutes of Previous Session . ~~ Min~~o:~m5ti~o?;;;,;;::;;_~,4A,}.~J,k,t5 ~~~-.zu_, ~ ~~ 1-,..,.~I)' •.. ,, 6. Recognition of Schedul~cf'Public Comment. (Please limfl y66r presentation to ten minutes.) .) y 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be t) c;:ontinued to General pjscussion .) i Ifµ, tf 1SPtJ£fE.. ~: f}I/E, I)~ ~llttxAt'IAl~ f~I/IJld~N tJI: 6' LM·Vli w~ {!,) /)/rJ.) ttu:-!Nii. e.11Y /)l!J/6 M.:r/vlrt IA/ J!J)QL,,IOl-t,IJ t.A&:-~~ ~Ut?m-Jun~~S: Prfcdm~ntfn1rppoi~~ /~ )!A}f()ll u,~r /JR £SMeL 1 ~ a. Letter from Cynthia Adams indicating her resignation from Keep Englewood Beautiful. ~ ~ ~"° b JtPr from Barbara Fout indicating her resignation from the Liquor Licensing Authority~ ~---o /J.,~vl~ '1}0 n~m~cj;,-~y($1}~1Jr ~Af-· 9v/ i/ i-9~/ -rrVI a. Appp Ordinances on First-ifefading .--') b. Approval of Ordinances on Second Reading . Council Bill No. 35, appro ing the proposed amendment to 16-6-13.E .17 of th e En lewood Municipal Code allowing City approved districts to in tall bann rs on South Broadw y stre tlights. Englewood City Council Agenda June 18 , 2007 Page 2 Council Bill No. 38, authorizing the acceptance of a Victim Assistance Law Enforcement Grant for 2007. c. Resolutions and Motions. Recommendation from the Community Development Department to approve a Resolution waiving the building permit fees associated with the Habitat for Humanity of Metro Denver development of eight units in Englewood: 2025 , 2049, 2065 , and 2079 West Vassar Avenue and 2074, 2078, 2082, and 2086 West Hillside Avenue. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. 10. No Public Hearing Scheduled. ff 11. Ordinances, Resolutions and Motions. a. b. c. Approval of Ordinances on First Reading. ~ Approval of Ordinances on Second Reading. p- Resolutions and Motions. . Recommendation from the Human Resources Department to adopt a Resolution approving the Collective Bargaining Agreement between the-Englewood Employees Association and the City of Englewood for thl~~: ~O~~~d/009. STAFF SOURCE: Sue Eaton, Director of Human Resources. vv~p~ · Recommendation from the Department of Public Works to approve, by Motjon,.the purchase of one Bucket Loader. Staff recommends awarding the bid to the lowest acceptable bidder, MacDonald Equipment, in the amount of $6,8 ,7 88. STAFF SOURCE: Rick ~ahm, Director of Public Works.~· 12 . General Di sc ussion . a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14 . Cit A ttorney's Report. 1 . Adj urnment. J'.'Jv ~ PLEASE PRINT PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS DATE: June 18, 2007 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES NAME ADDRESS ~ I} JC t;/ACVe-/L l{ ll o ;>. &/J.l1t1Ajt> l '0J.s~7 Lo vJ't~~ L-1.2 :)S: \. (g,..1 A P95SO TOPIC · Po c~(,,6 -+ )llH..75 ,es ' 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session June 4, 2007 .. The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:39 p.m. 2 . Invocation The invocation was given by Council Member Barrentine . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: A quorum was present. Council Members Tomasso, Moore , Barrentine , Oakley, Mccasl in, Woodward , Wolosyn None Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City C lerk Bush Director Gryglewicz, Finance and Administrative Services Director Kahm , Public Works Director Black , Parks and Recreation Economic Development Coordinator Hollingsworth, Community Development Police Division Chief/Deputy Director Vandermee, Safety Services Victim & Witness Services Coordinator McDonnell , Safety Services Manager Stitt , Community Development Executive Assistant Fenton, Community Development 5 . Consideration of Minutes of Previous Sess ion {a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 21, 2007 . Mayor Wolosyn asked if there was any discussion . Council Member Barrentine amended the minutes in 3 areas : on page 13, item 2, line 2 "the ... well." amended to read "the wall"; and page 14, 2nd paragraph , to be shown as a motion in caps & bold "COUNCIL MEMBER BARRENTINE MOVED TO NARROW THE MORATORIUM TO THIS PARTICULAR SECTION, WHICH WOULD BE , SPECIFICALLY, THE DISTINCTION BETWEEN MURALS AND MAKING THEM PART OF THE SIGN LAW": and page 15 {iii) (4), lines 4 , 5 & 6 , a correction was made that the owner of Headed West was never scheduled to speak to Council. At the Council meeting of February 201 \ it was a citizen scheduled to peak, it was not the owner. Council Member Woodward acknowledged that that was incorrect. Englewood City Council June 4, 2007 Page 2 C ity Clerk Ellis noted the moti on to narrow the moratorium d id not die for lack of a second , as there was no call for a vote. Council Member Barrentine said Olga just looked at everybody and figured out they we re not going to second it. Nobody said anything . Vote results: Ayes : Council Members Barrentine , Mccasl in, Moore, Wolosyn , Woodward , Tomasso , Oakley Nays: None Motion carried and the minutes were approved as amended . 6 . Recognition of Scheduled Public Comment There were no scheduled visitors . 7 . Recognition of Unscheduled Public Comment (a) John (Jack) Reid , an Englewood resident, sa id these are comments mainly derived from neighbors, and fellow, morning coffee cup dr inkers , based on the headlines that were in the Englewood Herald about Englewood being nearly bankrupt. There were suggestions about what happened to this or couldn't we cut back on this, to alleviate a mill levy. And these are my comments or comments that were given to me . By the way, I asked them , why don 't you tell your councilman ... and I don 't know who it is, so I am representing some unknown Englewood representatives . The f irst item was Lowe's that was recently completed off of Bellev iew ... the understanding , of one of them , was that this was partially in Englewood and we would derive Englewood sales tax from th is, but that had been moved. The second comment was on the dump that Englewood deposited refuge in, j ust west of San ta Fe where the new shopping cente r is going in ... that we pa id someth ing like $200,000 .00 for someth ing that w e d idn 't do or that was taken care of. The th ir d one was the C ity Manager is asking for an assistan t. .. th is would be an additional th ing . And the comment that I have , this would be the art bus that travels around the City p icking up passengers and so on . I go to the gym about five days a week on old Hampden and the most that I have ever seen, e ither board ing or getting off th is bus and th is was only one occasion , and th is was four people. Most of the time I see nobody gett ing off or only one person . Those are my comments . Thank you . Ma yo r Wolos yn sa id than k yo u . 8 . Communications , Proclamations and Appointments (a) A letter from Stefanie Mosteller submitting her resignation f rom the Planning an d Zoning Commission was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT , WITH REGRET , THE RESIGNATIO N OF STEFANIE MOSTELLER FROM THE PLANNING AND ZONING COM MISSION . Mayor Wolosyn said I also express regrets . Vote resul ts : Motion carried . (b) c on 1dered . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward , Tomasso, Oakley N ays : Non e A letter from Amy Laugesen submitting her res ignation from the Cultural Arts Commission was COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT , WITH REGRET , THE RESIGNATION OF AMY LAUGESEN FROM THE CULTURAL ARTS COMMISSION . Englewood City Council June 4, 2007 Page 3 Council Member Tomasso said I accept her resignation with sadness , as this is a great loss of a very able person that contributed a great deal to the City. Mayor Wolosyn said Amy will still be around to contribute, but she just can't make the meetings . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None 9. Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGEND A ITEMS 9 (a) (i) and 9 (b) (i) AND I WOULD LIKE TO REMOVE 9 (c) (i). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 38 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18 TH JUDICIAL DISTRICT. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 35 , SERIES OF 2007 (COUNCIL BILL NO . 37, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE REPEALING TITLE 6 , CHAPTER 1, SECTION 8 , OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO SMOKING . (c) Resolut ions and Motions (i) Motion awarding a contract w ith CRW Roofing Company for repa irs to the Se rvi cente r roo f in the amoun t of $63 ,357 .00 WAS REMOVED FROM THE AGENDA Vote results : Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn , Woodward, Tomasso, Oakley Nays : None City Clerk Ellis sai d are you going to address Agenda Item 9 (c) (i) tonigh t? Mayor Wolosyn said no, we aren't going to vote on it, because Rick , in the Study Session, explained to us that there are some things that have to be resolved . City Attorney Brotzman said it will come back at the next meeting. 10 . Pu b lic Hearing Item s (a) Mayor Wolosyn said this is a Publ ic Hearing to gather input on Council Bill No. 35, approving the proposed amendment to Title 16, Chapter 6, Section 13.E.17 of the Englewood Mun ici pal Code allowing City approved districts to install banners on South Broadway streetlights . Englewood City Council June 4, 2007 Page 4 COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 35, APPROVING THE PROPOSED AMENDMENT TO TITLE 16, CHAPTER 6, SECTION 13.E.17 OF THE ENGLEWOOD MUNICIPAL CODE ALLOWING CITY APPROVED DISTRICTS TO INSTALL BANNERS ON SOUTH BROADWAY STREETLIGHTS . Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward, Tomasso, Oakley Nays : None Motion carried and the public hearing opened . Economic Development Coordinator Hollingsworth , being duly sworn, said that the Proof of Publication of notice of this Public Hearing was in the Englewood Herald on May 25, 2007 and I will submit that for the record. On April 1 ih the Planning and Zoning Commission held a Public Hearing on this matter to consider an amendment to Title 16 of the Englewood Municipal Code, that would allow for banners to be placed on streetlights within the South Broadway right -of-way, subject to a licensing agreement to the City of Englewood . Should this amendment be approved by City Council , the South Broadway Business Improvement District, and other City approved districts , would be allowed to install banners on streetlights . Installation of banners would be managed through a licensing agreement, through the City of Englewood and the banners must meet and be maintained in accordance with an approved Xcel permit. That concludes my comments for the public record . Thank you . Mayor Wolosyn said is there anyone who would like to speak on this issue during the Public Hearing. There was no one . She said if not, I will ask for a motion to close this Public Hearing . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 35, APPROVING THE PROPOSED AMENDMENT TO TITLE 16, CHAPTER 6, SECTION 13.E.17 OF THE ENGLEWOOD MUNICIPAL CODE ALLOWING CITY APPROVED DISTRICTS TO INSTALL BANNERS ON SOUTH BROADWAY STREETLIGHTS. Mayor Wolosyn said thank you Darren . Vote results: Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn , Woodward , Tomasso , Oakley Nays : None Motion carried and the publ ic hearing closed . 11 . Ordinances , Resolution and Motions (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 9 -Consent Agenda .) (b) Approval of Ordinances on Second Reading (i) Council Bill No . 36, authorizing an Intergovernmental Grant Agreement between Arapahoe County and the City of Englewood for the purpose of purchasing the Oxbow property in Littleton and Englewood for open space, recreation, wildlife habitat, and water quality uses was considered . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) • ORDINANCE NO . 36, SERIES OF 2007 . ORDINANCE NO . 36 , SERIES OF 2007 (COUNCIL BILL NO . 36 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT ENTITLED "INTERGOVERNMENTAL AGREEMENT REGARDING 2006 GRANT OF ARAPAHOE COUNTY OPEN , Englewood City Council June 4, 2007 Page 5 SPACE PROGRAM FUNDS PROJECT NAME : SOUTH PLATTE RIVER OXBOW HABITAT/WETLANDS", BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, STATE OF COLORADO. Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward, Tomasso, Oakley Nays : None (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Finance and Administrative Services Department to adopt a resolution authorizing a Supplemental Appropriation from the Public Improvement Fund and the Open Space Fund . He said, this a supplemental appropriation to the 2007 Budget. The Public Improvement Fund is spending $200 ,000 .00 for Golf Course redevelopment oversight during land preparation ; the source of funding is the Golf Course lease proceeds . The Open Space Fund is taking $62 ,500 .00 from unreserved/undesignated fund balance for the purchase of the Oxbow Property . Mayor Wolosyn asked if there was any discuss ion or questions . Council Member Woodward sa id I have a quest ion . On the Council Communication it says here ... oh wa it, I think I have answered my own question . I see under Open Space Fund, source of fu nds on Reserved Fund Balance and I didn't think the Open Space Funds were the re ... so never mind. Mayor Wolosyn asked if there were any other questions . There were none . COUNCIL MEMBER WOODWARD MOVED, ANO IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 49 , SERIES OF 2007. R ESOLUTION NO . 49 , SE RI ES O F 2007 A R ES OL UTI ON AP P RO VI NG A S UPP LE M ENTAL A P P RO PRIATI ON T O TH E 2 00 7 BUDG ET FOR T HE PUBLI C IMPROVEMENT FUND AND T HE OP E N SP ACE FUN D . Council Member Barrentine said I want you to know that I am going to be voting against this . This is almost a hundred percent increase in the amount of money that we were using . I believe we should have had more information about this and I will be voting against it. Mayor Wolosyn asked if there was any other discussion . W ,rt,UtJiJ Council Member Woodward said I would just like to acknowledge and thank the City of iftglewootf, South Suburban Parks and Recreation District and the Arapahoe County Open Space Trails Board for their financial support on the Oxbow project and the Open Space funding . The South Platte Working Group sees this as the kickoff ... the first purchase with money that has been put up by the communities, the county, South Suburban and, hopefully, the Legacy Grant coming from GOCO . And I would also like to thank the Trust for Public Land for their work on this project. With regard to the $200,000 .00 Golf Course environmental oversight expenditures, I think that is very prudent on our part , as far as the environmental issue in making sure that we are we 1 protected on that. So, I certainly support that too . Council Member Barrentine said one more, just to address what Council Member Woodward ha said, we are putting out the Open Spac Fund on Oxbow, when we are not going to be able to u ethos fund m ybe for n ,ghborhood p rk . Ir lly would hav Ilk d to have looked t this more. To addres what c1t1zen brought up r11 r bout mon y , with th t Low ' b 1ng brought ,n . Part of th r m nt th t w g,v n to u 1n Study Englewood City Council June 4, 2007 Page 6 Session was that Littleton ... in exchange for not do ing revenue sharing with us ... would contr ibute at a highe r rate , not only just to their 15% to the land that is in Littleton, but as a consideration to us, that they would contribute at a higher rate, for us giving them a parking lot so that they could have the Lowe 's , that they would contribute more to that Oxbow project and help us out. It is my understanding that they are only contributing the 15% to that piece of property that is in there and also expecting us to do some maintenance piece of it. I believe that I have enough concerns that I don't want to vote for it at this time . Mayor Wolosyn asked if there was any other discussion . Council Member Woodward said I think that is not including South Suburban Parks and Rec, which is the Park District down there . The City of Littleton is contribut ing , I believe , $109 ,500 .00 . Vote results : Motion carried . Ayes : Council Members Mccaslin, Moore , Wolosyn , Woodward, Tomasso , Oakley Nays : Council Member Barrentine (ii) Director Kahm presented a recommendation from the Department of Public Works to approve, by motion, awarding a contract with Thoutt Brothers Concrete Contractors, Inc . for construction of Concrete Utility 2007 and Concrete Program 2007 in the amount of $346,919 .80 . He said the Concrete Utility Program has been in effect s ince 1997 . We do an annual program to upgrade the concrete throughout the City . We've talked in the past about, at some point, needing to raise fees because if you look at the financ ials , you will realize that every year our costs of prov id ing the serv ice go up and the money that we have ava ilable for work continues to drop as a percentage . So , at some po int in the fu ture, we w ill be com ing to you to tal k abou t the fee inc rease that w ill eventually be necessary. But for right now , we are recommending a contract be awarded to Thoutt Brothers . We have a multi-year history with these folks. They have been do ing a really good job . We went back out to bid this year , had four competitive bids and Thoutt was once aga in the low bidder. We are very satisfied w ith their work . Mayo r Wolosyn asked if there were any questions for Rick . There were none . COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) - AWARDING A CONTRACT WITH THOUTT BROTHERS CONCRETE CONTRACTORS, INC . FOR CONSTRUCTION OF CONCRETE UTILITY 2007 AND CONCRETE PROGRAM 2007 IN THE AMOUNT OF $346 ,919 .80 . Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Mayor Wolosyn said than k yo u Rick . 12 . Genera l D iscuss ion (a) Mayor's Cho ice (i) Mayor W olosyn said there has been a reques t to change the meeting for July 2nd to July g'h . That would mean tha t we wo uld have two regular meetings righ t in a ro w . And it was poin ted ou t to me by staff that If we did this, because we don't have another regular meeting in July, it would just stretch out the length of time before any ordinance could be considered on final reading . So, I am wondering . Do we have anything such as contracts coming up that might have an impact on this? City Manager Sears said I don 't know of anything right off hand . Englewood City Council June 4, 2007 Page 7 Mayor Wolosyn said okay. I had asked the question before and not received a response, so I just wanted everyone to be aware of that. City Attorney Brotzman said we don't have any election items or issues that would be affected by moving the date . Mayor Wolosyn said I don 't really have an opinion on this so what is Council's choice? Council Member Moore said I had actually initiated the request, just because we have kind of normally done it but the thing that occurred to me later was, is that actually more of a burden on the staff, than a help? My thought was a lot of people would like to take the 4th of July week off, but then it later occurred to me, well it pushes it to the 9th and then no one is there to get ready for the 91h . So, if it actually makes it worse on staff, I am completely happy to leave it on the 2nd . City Manager Sears said I think it would actually. Council Member Moore said okay, I am happy to leave it on the 2nd . Mayor Wolosyn said so is that okay to leave it as it is ... the July 2nd meeting? City Manager Sears said the staff ... because of the 4th of July ... will be here anyway during· that week, I suspect. I think the point is that Thursday is the critical time, if the meeting were moved to the 91h . (ii) Mayor Wolosyn said I visited Simon Center and Orchard Place and gave them an update on the art shuttle , which they very much do support . Plus , they told me things I didn't know about it, which were useful and I'm going to write a list of things for Council to see ... the things they shared with me . (iii) Mayor Wolosyn said in our packets is a Council Communication about the Oxbow purchase and I think it is very informative . I am glad to see that the County put in $136,000 .00 . And so, Open Space ... the price of it only goes up and I know it is hard to spend money, but one of our jobs is to invest in the future, so I think we made a decent decision . (b} Council Members ' Choice (i) Council Member Barrentine : 1. She said part of what I was talking about with Oxbow, we find in our packet as well, and that is that we were surprised by the school dumping some property ... Duncan Park ... a neighborhood park that without Open Space Funds, the City, probably, wouldn't have been able to afford to maintain . This is an asset that is already in this community and one of the reasons that I would like to keep those funds more viable for surprises that happen like this . 2. She said congratulations to the Parks and Recreation Department. I understand that the two grants were approved for Duncan Park and for the picnic shelter improvements at Bellev iew Park in this community . That is what I think the Open Space Funds should be used for, for right now and I appreciate that you guys did the work to keep Duncan Park open for District 3. 3. She said I attended the Graffiti Art Show at OTC on May 26 1 h and was very impressed with some of the artists down there . 4 . She said I also attended, last night, the Denver Bronze Hand Bell ensemble here at Hampden Hall and appreciate the effort that staff is making to make sure that that is a venue that can be leased out as often as possible . It will always be subsidized, but at least it is less subsidized if people are w illing to make it available as much as possible so that these groups can go ahead and use it. I wanted to say specifically to Carol , that I think that is very nic that we have people on staff that are willing to do tho kind of events , o that we can ma that op n to th community and kind of off t th cost. M y r Wolo yn td th n you L ur tt Englewood City Council June 4, 2007 Pages (ii) Council Member Tomasso : 1. He said we received a memorandum in our packet about the Rocky Mountain Rail Authority and joining that. I brought it up at the budget meeting and had Council input on that. We also need to appoint a Council member to that Committee . Mayor Wolosyn said can I put that on another agenda? Can we or do they need to know right now? Council Member Tomasso said it has been floating around and it may fall into a crack, so it needs to be put on the agenda . Mayor Wolosyn said okay, thank you, I will . 2. He said the Acoma Street parking lot area ... that natural park in the center ... the merchants have approached me and complained about the lack of maintenance on the landscaping . The bushes are becoming overgrown and they suspect drug dealing going on at that location, so possibly we need to increase patrols on that. 3. He said I also received a phone call from a citizen who had worked on a person 's car and the person had complained to the police that they wanted to get their car back and he was in a confrontation with the police and he was stating that it was a mechanic's lien, it was a civil issue and it was resolved by the Sergeant in charge, but he has requested that the police be informed on what is a civil issue , what constitutes a mechanics lien and what constitutes a police issue. So , he spoke with me at length on that issue . He also had received training as a police officer at one time . 4 . He said as for the Oxbow purchase, our citizen survey came back to us stating that they requ ired and would like to have more natural places to hike and walk and this fits that bill . That was one of the priorities in the citizen 's survey and that is why I voted for it. (iii) Council Member Woodward : 1. He sa id I too would like to acknowledge that we did get our funding, the $250,000 .00, for Duncan Park and the $137 ,000 .00 for the picnic shelter improvements at Belleview Park and Thursday we will receive that fund i ng offic ially . 2 . He sai d I j ust wan ted to ment ion Sounds of Summer starts on Thursday , June 21st and it will be The Na ch o Men . 13 . C ity Manager's Report (a) City Manager Sears said Darren Hollingsworth informed me of some pretty exciting news prior to coming in here . I asked Darren , if he would go to the podium and make an announcement. Darren Hollingsworth said I am pleased to announce that I received a phone call from a broker this afternoon, that leases space at the Dartmouth Industrial Park. As you recall, Kacey Fine Furni ture has ta k en a location at Dartmouth Industrial Park . They will have a new neighbor and that neighbor will be Vitamin Cottage . They will have a 40 ,000 square foot warehouse facility and they will also have about 50 new jobs . This will be a major warehouse distribution center for the front range . It is very exciting news and I will roll out more information as that becomes available . Mayor Wolosyn said thank you Darren, very well done . Council Member Woodward said congratulations. City Man ger Sears said good work by Darren and the staff. (b) City M n g r S ars aid Tom Ashburn was in this afternoon . I didn't get a chance to get thi inform hon 1n th box to th Council, but th re are om tour ... and I will hav th i information out to you thi hur d of th Ar p ho St hon , which I th Station off of th Pl ti Riv r Driv . Thi will b on Jun 22 nc1. , Englewood City Council June 4, 2007 Page9 for those who are interested , plus some energy wind power technology, in case anyone is interested in that. It could be some pretty interesting tours and I will get that to the Council. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Counci l. 15 . Adjournment LOSYN MOVED TO ADJOURN . The meeting adjourned at 8:07 p.m . June 4, 2007 City of Enpcwood Mayor's office and KEB Commission Civic Center, 1000 Englewood Parkway Englewood, CO 80110-2373 Dear Associates. JUN -5 2007 L----··-.. -·- This letter serves as my resignation as KEB Commissioner effective 6/1 S/07. I have taken a position with the American Red Cross and will be working with the Hurricane Katrina recovery efforts in my home town for one year. [ will be returning to Englewood after my job is complete, and at that time I will inquire as to how I may be of service to the city of Englewood once again . Over the past 1 Ya years ofmy two year commission with the city of Englewood I have been extremely fortunate to have networked with such a fantastic group of individuals, departments, and apncies. I wish to thank everyone for their time, efforts, and dedication to kcc:ping Englewood Beautiful. If you have qucstiom pertaining to my resignation or commission please feel free to contact me on my cell at 303 .3S0 .8295 . 8a l ( June 16, 07 Englewood Mayor & City Council Members Re: Resignation I am resigning my appointment to the Liquor Licencing effective in July 07 . Thank you for allro:part of Engl ood for so many years. Barbara Fout 303 761 789 J UN 3 20 07 .... 1 ! l I I· 1· l _ ..... _...,_ .... _ - 8b l BY AUTHORITY ORDINANCE NO. SERIES OF 2007 COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE AMENDING TITLE 16, CHAPTER 6, SECTION 13, SUBSECTION E(l 7), OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE SOUTH BROADWAY DISTRICT IDENTIFICATION BANNERS. WHEREAS, the South Broadway Englewood Business Improvement District (SBEBID) wishes to install banners to be affixed to the streetlights to create an economically vibrant business district; and WHEREAS, the passage of this proposed ordinance would allow Council approved districts to install banners on the streetlights; and WHEREAS, installation of City authorized banners would be managed through a licensing agreement with the City of Englewood; and WHEREAS , the Englewood Planning and Zoning Commission recommended amending the Englewood Municipal Code 2000 to allow authoriz.ed banners to be affixed to streetlights in the public right-of-way; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authoriz.es amending Title 16, Chapter 6 , Section 13 , Subsection E{l 7), of the Englewood Municipal Code 2000, to read as follows : 16-6-13 : Signs. E. Signs N ot Subject to Pe rm its. 17. South Broadw ay D istrict Id entification Banners. City owned w IMiM8Hleti banners or banners aµthorizgl by City License which are affixed to streetlights in the South Broadway right-of-way for the purpose of delieealteg identifying the various South Broadway A•ee Pl111 sJDistricts. Introduced. read in full, and passed on first reading on the 21st day of May, 2007 . 9bi Published as a Bill for an Ordinance on the 25th day of May, 2007 . A Public Hearing was held on June 4 , 2007. Read by title and passed on final reading on the 18th day of June, 2007. Published by title as Ordinance No. _, Series of 2007, on the 22nd day of June, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2007. Loucrishia A . Ellis ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM TIIE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. WHEREAS , the City of Englewood Safety Service Department applied for funding under the VALE Grants Program to be used for funding the Victim/Witness Program in the Englewood Municipal Court; and WHEREAS, the Victim/Witness Program in the Englewood Municipal Court has served the victims of domestic violence since 1990; and WHEI"~AS, the City of Englewood has previously applied and been granted VALE Grants for the years 1990 through 2006; and WHEREAS , the staff seeks Council support for an Ordinance accepting a 2007 VALE grant funding in the amount of $18 ,276, for the period of July 1, 2007 to June 30, 2008 ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . The City Council of the City of Englewood, Colorado hereby authoriz.es the acceptance of the VALE Grant and accompanying intergovernmental agreement, a copy of which is marked as "Exhibit A" and attached hereto . Section 2 . The City Manager, the Director of Safety Services and the Director o f Finance/ Administrative Servic es are hereby authorized to sign said VALE Grant and accompanying intergovernmental agreement on behalf of the City of Englewood. Introduced, read in full , and passed on first reading on the 4th day of June, 2007 . Published as a Bill for an Ordinance on the gm day of June, 2007. Read by title and passed on final reading on the 18th day of June, 2007 . -1- 9bii Published by title as Ordinance No. _, Series of 2007, on the 22nd day of June, 2007 . Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2007. Loucrishia A. Ellis -2- , ( VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD CONTRACT Pursuant to the Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement Act, Article 4 .2 Title 24 C.R .S ., the Victim Assistance and Law Enforcement Board of the 181h Judicial District has made the following award : Grantee: Englewood Department of Safety Services 3615 South Elati Street, Englewood, Colorado 80110 Grant number: 07-38 Project Title: Victim/Witness Advocate Purpose of Grant Funds : Law Enforcement Victim Services Services/Equipment Being Funded: Portion of Salary and Benefits for Victim Assistance Advocate Grant Period : July 1, 2007 to June 30, 2008 Amount of Grant Award : $18 ,276 Quarterly Installments : Four (4) Quarterly Payments of $4 ,569 BE IT UNDERSTOOD THAT: (1) All disbursement of awards are contingent upon the availability of VALE funds . (2) T he contents of the grant application will become contractual obligations of the grant recipient and are incorpo ra ted into this contract as if full y se t forth herein . (3) T he grant rec ipient is required to submit Financial Reports quarterly : October 31 , 2007 , January 31 , 2008 , April 30 , 2008 and July 31 , 2008 for funding for 2007/2008 . The report due on July 31 , 2008 shall be the year-end report . The VALE Board will provide Financial Reporting Forms . Grant recipients are required to use these forms . (4) The grant recipient is required to submit Program Reports on : January 31 , 2008 and July 3 1, 2008 for funding for 2007/2008 . These reports must address any special conditions that a re lis t e d in this contract. The report due on July 31 , 2008 shall be the year-end report . It shall s how to ta ls f o r the entire year and must address any special conditions that are listed in this con t ract. Th e VALE Board w ill prov ide Program Reporting Forms . Grant re c ip ients are required to use the se forms . t l ti I I I r Englewood Department of Safety Services 07-38 Reports shall be sent to: Lisa Lawrence, Grant Eva ,uator VALE Board District Attorney's Office 7305 South Potomac Street, Suite 300 Centennial, Colorado 80112-4031 (720) 87 4-8608 (5) Failure to submit these required reports on the dates due may result in suspension of the grant, termination of the grant, return of awarded funds or the loss of future funding by VALE . (6) Special conditions for the award which have been stipulated between the VALE Board and the grant recipient are as follows: NONE (7) Any equipment purchased with VALE funds must remain with the grant recipient. Equipment must be used for the purpose designated in the grant application. Any use by others or transfer of ownership must be reported to the VALE Board, in writing, prior to the occurrence of such use or transfer. The Board may approve such use or transfer or may request return of the equipment. (8) Any change in the use of grant funds shall be approved by the VALE Board . The request for such change shall be in writing . Approval of the VALE Board shall be obtained prior to any such use . (9) Amendment of any other terms of this contract shall have prior approval of the Board . Requests for amendment shall be in writing . (10) The grant recipient shall submit written notification by June 1, 2008 to the VALE Board if the grant recipient will have any remaining funds at the end of the grant period . All unused funds shall be returned to the VALE Board unless the grant recipient makes a request in writing for use of the funds beyond the grant period and such request has been approved by the VALE Board. Such requests shall include: The amount of remaining funds How the funds will be used When the funds will be expended Why the funds were not expended . 2 Englewood Department of Safety Services 07-38 Upon receipt of the request, the VALE Board shall decide whether to grant or deny the request without further presentation or hearing. (11) The grant recipient agrees that all funds received under this grant shall be expended solely for the purposes stated above and that any funds not so expended , including funds lost or diverted to other purposes, shall be repaid to the VALE fund. (12) The grant recipient agrees to comply with the letter and spirit of the Colorado Anti- discrimination Act of 1957, as amended, and other applicable law respecting discrimination · and unfair employment practices (C .R.S . Sec. 24-34-402) and required by Executive Order, Equal Opportunity and Affirmative Action, date April 16 , 1975. (13) Non-compliance with this contract may include failure to submit reports , making unapproved changes to the budget, performance failures or adherence to special conditions . Non-compliance with any portion of this contract may result in: Suspension of grant funds Termination of grant Withholding of funds Requiring grant recipient to return money to the VALE fund Other action as deemed necessary by the members of the VALE Board Any combination of the above . (14) All grant recipients shall make available to the Board or its authorized designee all current books , records , procedures or other information relative to the grant application and implementation . (15) T he f unds g ranted by th is contract for Victi m Services shall be disbursed in quarterly installme nts pe nd ing VALE Board approval of a ll re qui re d reports and verification of expenses . The funds granted by this contract for equipment may be dispersed by a single pa yment for the full amount, pending VALE Board approval of all required reports and verification of expenses . 3 - Englewood Department of Safety Services 07-38 The grant recipient, through the following signatories , understands and agrees that any VALE monies received as a result of the awarding of the grant application shall be subject to the terms of this~: Ll 62-----. Date { h I (en Project Director { Chris Olson, Safety Services Director Date ------------Financial Officer Frank Gryglewicz, F/AS Director Date __________ _ Date_......::;5_-q.,__.--'-0;;;.._7_,__ __ Patti Snell Chair, VALE Board A utho ri zed Official: The authorized offic ial is the person who is , by virtue of such person 's position, authorized to e nte r into contracts for the grant recipient. This co u ld inclu de: Mayor o r City Manag e r, Cha irperson of the County Comm iss ioners , District Attorney , P res ide nt or Chairperson of the B oard of Dir ecto rs , Superintendent , or other Ch ief Execut ive Officer. Financial Officer: The person is responsible for all financial matters rel ated to the progra m and who has responsibility for the accounting, management of funds, verification of expenditures , audit information and financial reports . The person who actually prepares the finical reports may be under the supervision of the Financial Officer. The Financial Officer must be a person other than the Authorized Official or the Project Director. Project Director: The person who has direct responsibility for the implementation of the project. This person should combine knowledge and experience in the project area with ability to administer t he project and supervise personnel. He/she shares responsibility with the financial Office for seeing that all expenditures are within the approved budget. This person will normally devote a major portion of his/her time to the project and is responsible for meeting all reporting requirements . The Project Director must be a person other than the Authorized Official or the Financ ial Officer. 4 ) · RESOLUTION NO. SERIES OF 2007 A RESOLUTION AUTHORIZING TIIE EXEMPTION OF 1HE HABITAT FOR HUMANITY OF METRO-DENVER (HFHMD) FROM BUILDING PERMIT FEES ASSOCIATED WITH TIIE DEVELOPMENT OF EIGHT PAIRED SINGLE FAMILY HOMES LOCATED AT 2079 WEST VASSAR AVENUE, NOW KNOWN AS 2025, 2049, 2065 AND 2079 WEST VASSAR A VENUE AND 2074, 2078, 2082, AND 2086 WEST Hll..LSIDE A VENUE. WHEREAS, the Habitat For Humanity of Metro Denver (HFHMD), a non-profit corporation submitted a grant application to Arapahoe County to purchase property located at 2079 West Vassar Avenue; and WHEREAS, Arapahoe County approved the grant application and HFHMD purchased the property in February 2007; and WHEREAS, the HFHMD requested the City to waive the Building Permit Fees associated with this development on the Englewood City Council Study Session October 2, 2006 ; and WHEREAS, the Englewood City Council supported HFHMD's grant application and also approved by consensus HFHMD's request to waive Building Permit Fees associated with this development as part of Englewood 's contribution to this project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The City Council of the City of Englewood, Colorado hereby authorizes an exemption of the Habitat for Humanity of Metro Denver from the Building Permit Fees associated with the development of eight units of eight paired housing located at 2079 West Vassar Avenue, now known as 2025, 2049, 2065 , and 2079 West Vassar Avenue and 2074, 2078, 2082 and 2086 West Hillside Avenue. ADOPTED AND APPROVED this 18th of June, 2007 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A. Ellis, City Clerk COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 18, 2007 9 Ci Waiver of Building Permit Fees for Habitat for Humanity of Metro Den ver Initiated By: Staff Source: Community Development Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On October 2, 2006, Habitat for Humanity of Metro-Denver (HFHMD) met with City Council at the scheduled Study Session to discuss their proposed housing project at 2079 West Vassar Avenue . By consensus, Council supported the submission of a grant application by HFHMD to Arapahoe County to acquire and develop the site into eight units of paired housing. Council also approved by consensus HFHMD's request to waive building permit fees associated with this development as part of the City's contribution to the project. A letter of support dated November 6, 2006 was signed by the Mayor. RECOMMENDED ACTION Staff recommends approvi ng a Resolution waiving the building permit fees associated w ith the development of eight units of paired housing known as 2025, 2049, 2065, and 2079 West Vassar Av enue and 2074, 2078, 2 082 , and 2086 West Hillside Avenue. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Habitat for Humanity of Metro Denver (HFHMD), a non-profit corporation, is a home ownership program that offers a const ructi ve means for families to break the cycle of poverty. HFHMD builds an d renovates single family detached homes, sing le family paired homes and town homes anywhere in th e D enver metropolitan area. Council supported the submittal of HFHMD's grant application to Arapahoe County at the October 2, 2006 Study Session. A letter of support dated November 6, 2006 was signed by the Mayor. Arapahoe County approved HFHMD's grant application to purchase the property located at 2079 West Vassar Avenue. The purchase of the property by HFHMD was completed in February 2007. The existing structure was demolished and HFHMD is subdividing the two large lots into eight buildable lots that are in compliance with the cu rrent R-2-A zoning for that area. The new subdivision creates eight lots known as 2025 , 2049, 2065 and 2079 West Vassar Avenue and 2074, 2078, 2082 and 2086 West Hillside Avenue. Paired single family homes are proposed to be built and each home will be sold to qualified low-income families. The home sizes will range from 1000 to 1 :WO square feet and will be designed and built in compliance with the Englewood Unified De elopment Code. HFHMD anticipates starting construction by the end of September 2007. City staff is not involved with the development or the execution of this project except for the required subdivision, development, and permitting reviews normally done for any development project. Other than foregoing building permit fees, no other monetary support is being provided by the City to HFHMD for this project. A Resolution is required to waive the building permitting fees as stated in the November 6, 2006 letter of support. FINANCIAL IMPACT The City of Englewood will waive building permit fees as its contribution to the project. Based on estimated square footage of housing units, this will be approximately $5,200. LIST OF ATTACHMENTS Letter of Support Resolution ) C T y 0 F COMMUNITY November 6, 2006 Lynne Brown, Director of Administration Habitat for Humanity of Metro Denver 1500 W. 12 111 Avenue Denver, CO 80204-3410 RE : Letter of Support Dear Ms. Brown : {' ENGLEWOOD DEVELOPMENT Thank you for meeting with the Englewood City Council to discuss your organization, Habitat for Humanity of Metro Denver, and your proposed development in Englewood . It is our understanding that you are apply ing to Arapahoe County for funding for the acquisition and development of 2079 W. Vassar Avenue into eight units of paired housing to be funded by the HOME Investment Partnerships Act program. The consensus of the City Council at their October 2, 2006 study session was to approve support of your HOME program application and the general development of the 8-un it project. The City Council also approved your request to waive building permit fees associated with this development as part of the City's contribution to your project. We look forward to partnering with you on the development of 2079 W . Vassar Avenue. Your presentat ion was very informative and the services your organization provides are needed and welco med i n our commu n ity . Olga Wolosyn Mayor cc : Gary Sears, City Manager Robert Simpson, Community Developmen t Director Karinne Wiebold, Arapahoe County, HCDS 1000 Engl ood P rkw y Englewood , Colorado 80110 PHO E 303 ·762 ·23 2 FAX 303 · 83-6895 RESOLUTION NO. SERIES OF 2007 f l·tA A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 2008 THROUGH DECEMBER 31, 2009. WHEREAS, the City Council of the City of Englewood authorized "The Collective Bargaining Agreement" with the Englewood Employees Association for January 1, 2006 through December 31, 2007 , by the passage of Resolution 49 Series 2005; and WHEREAS, the City of Englewood and the Englewood Employees Association entered into negotiations in May, 2007 in accordance with the Englewood City Home Rule Charter and the contract provisions; and WHEREAS, the passage of this Resolution will authorize the provisions of the "Collective Bargaining Agreement" between the Englewood Employees Association and the City of Englewood for the period 2008 and 2009; and WHEREAS , there are no significant changes to the Contract. 1. All wage increases will continue to be based upon employee performance as indicated by the performance evaluation score. 2. No base wage increases will be granted employees whose wages meet or exceed the maximum point of their jobs' grades. They will be granted a one-time, lump sum Merit Pay award based upon performance as indicated by the performance evaluation score. 3 . The duration of the collective bargaining agreement will be from January 1, 2008 through December 31 , 2009 . WHEREAS , the elected representatives of the Englewood Employees Association duly ratified the Collective Bargaining Agreement for 2008 and 2009; NOW, THEREFORE, B E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby approves the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood for the period of January 1, 2008 through December 31 , 2009 , a copy of which is attached hereto as Exhibit A. - Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood, Colorado, for the period of January 1, 2008 through December 31 , 2009. ADOPTED AND APPROVED this 18m June, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007. Loucrishia A. Ellis, City Clerk COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD EMPLOYEES ASSOCIATION JANUARY 1, 2008 -DECEMBER 31, 2009 - • X H I a I T A - INDEX PAGE ARTICLE l INTRODUCTION ARTICLE2 DURATION OF CONTRACT 3 ARTICLE3 RECOGNITION 4 ARTICLE4 EMPLOYEE RIGHTS 5 ARTICLES HOURS OF WORK 6 ARTICLE6 OVERTIME WORK 7 ARTICLE 7 ACTING PAY 8 ARTICLES COMPENSATION 9 l ARTICLE9 LONGEVITY COMPENSATION 10 ARTICLE 10 ANNUAL LEA VE 11 ARTICLE 11 PERSONAL LEA VE 12 ARTICLE 12 SHORT TERM DISABILITY (STD) 13 ARTICLE 13 WORKERS ' COMPENSATION 15 ARTICLE 14 MILITARY LEA VE 16 ARTICLE 15 FUNERAL LEA VE 17 ARTICLE 16 JURY DUTY AND WITNESS SERVICE 18 ARTICLE 17 HOLIDAYS 19 ARTICLE 18 UNIFORM CLEANING ALLOWANCE 20 ARTICLE 19 TUITION REIMBURSEMENT/DEGREE ACHIEVEMENT 21 RECOGNITION ARTICLE20 LIFE INSURANCE 22 ARTICLE21 INSURANCE 23 ARTICLE22 RETIREE HEALTH INSURANCE 24 ARTICLE23 PENSION/RETIREMENT PLANS 25 ARTICLE24 LAYOFF 26 ARTICLE25 LEA VE OF ABSENCE (WITHOUT PAY) 27 ARTICLE 26 GRIEVANCE PROCEDURE 28 ARTICLE 27 WRITTEN CORRECTIVE ACTION 30 ARTICLE28 DUES DEDUCTION 31 ARTICLE29 ASSOCIATION ACTIVITIES 32 ARTICLE30 STANDBY PAY 33 ARTICLE31 CALLBACK 34 ARTICLE32 LABOR MANAGEMENT COMMITTEE 35 ARTICLE33 EXCLUSIVENESS OF CONTRACT 36 II .. CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD EMPLOYEES ASSOCIATION ARTICLE 1. INTRODUCTION This contract entered into by the City of Englewood, Colorado , and the Englewood Employees Association has as its purpose the promotion of harmonious relations between the City of Englewood and its Employees, a fair and peaceful procedure for the resolution of differences; the establishment ofrates of pay and hours of work, and other conditions of employment as set out in the City Charter. Except where limited by express provisions elsewhere in this contract, nothing in this contract shall be construed to restrict, limit or impair the rights , powers and authority of the City as granted to it under the laws of the State of Colorado and the City's Charter and Municipal Code . The rights , powers, and authority include , but are not limit ed to , the following : A. To determine the overall mission of the City as a un it of government. B . To maintain and improve the efficiency and effectiveness of City operations . C . To determine the services to be rendered , the operations to be performed, the tec hnology to be utilized, or the matters to be budgete d . D . To determine the overall methods , process es, means ,job classifications or personnel by which City operations are to be conducted. E. To direct, supervise, hire, prom ote, transfer, assign, schedule, retain or lay-off employees. F. To suspend, discipline, discharge, or demote for just cause, all full-time permanent classified employees. G. To relieve employees from duties because of lack of work or funds, or under conditions where the City determines continued work would be inefficient or nonproductive. H . To take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified herein or limited by a collective bargaining contract. I . To take any and all actions to carry out the mission of the City in cases of emergency . J. Nothing contained herein shall preclude the City from conferring with its employees for purposes of developing policies to effectuate or implement any of the above enumerated rights . The City retains the right to change any past practice which is not in violation of this contract. In the event a past practice is sought to be changed by the City Manager or department directors, the Englewood Employees Association will be provided reasonable written notice of the intended change. The Englewood Employees Association retains the right to grieve any change in practice which is in violation of this contract. 2 l ARTICLE 2. DURATION OF CONTRACT A. This contract will take effect on January 1, 2008, and shall continue in force to and including December 31,2009. B. This contract or any part of it may be terminated or reneg otiated at any time by mutual consent of both parties . C. If any article or section of this contract should be held invalid by operation oflaw or any Court of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such Court, the remainder of this contract shall not be affected thereby and this contract shall remain in full force and effect, and the parties shall promptly meet and negotiate for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. The parties agree and understand that provisions relating to employees covered by this contract shall in no way displace or modify present or future statutory case law of the State of Colorado. E. The parties acknowledge that during negotiations which resulted in this contract, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for contract negotiations and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in the contract. 3 ARTICLE 3. RECOGNITION The City recognizes the Englewood Employees Association as the sole organization certified pursuant to the provisions of the Charter of the City of Englewood as the exclusive representative for the public employees within the following bargaining unit: Included: All full-time, classified employees of the City. Excluded: All supervisory, managerial, confidential, part-time, temporary, and contractual employees, and all employees hired through the use of Federal, State or other outside funding sources for special projects or programs, and all others who may be determined prior to or during the life of this contract as provided under the City Charter. 4 .. ~ ( ARTICLE 4. EMPLOYEE RIGHTS A full-time classified employee who is not excluded per Article 3. (Recognition) of this contract shall have the right: A. To form, join, support or participate in, or to refrain from forming, joining, supporting, or participating in the employee organization or its lawful activities; and B. Bargain collectively through their certified employee representative . C. No employee shall be interfered with, restrained, coerced or discriminated against because of the exercise of these rights nor shall the right of an individual employee to discuss employment concerns with the City be infringed upon. 5 ARTICLE 5. HOURS OF WORK All departments, functions or activities shall observe office and working hours necessary for the efficient transaction of their respective services. A. All employees covered by this contract shall work at least forty ( 40) hours per week. The work week shall consist of five (5) eight-hour shifts, or other work schedules as determined by the department director per the "Modified Workweek Schedules" policy. All employees shall be scheduled to work a regular work schedule and each shift shall have a regular starting and quitting time. Should the work schedule be changed, affected employees will be notified 24 hours in advance except in the case of an emergency as determined by the department director . B. Employees shall be entitled to two (2) paid rest periods not to exceed fifteen (15) minutes or one (1) thirty (30) minute rest period for each shift worked. Rest periods shall be under the control of the supervisor or department director. C. When possible, employees who work beyond their regular quitting time into an overtime situation will be eligible for a fifteen ( 15) minute rest period before they begin the overtime work. When possible, additional rest periods will be granted under the control of the supervisor or department director similar to rest periods granted under subparagraph B. above . D . When necessary , employees shall be granted a fifteen (15) minute personal clean-up period prior to the end of each shift. The clean-up period shall be under the control of the supervisor or department director. E. All employees will be granted an unpaid lunch period during each shift. As a normal occurrence, this lunch break will commence between the beginning of the third hour and the beginning of the sixth hour of the shift. An employee and supervisor may agree to waive this time limit due to work related or personal issues . See City of Englewood Administrative Policy# 2, "Hours of Work/Overtime", and Policy #3, "Meal Breaks", for further clarification . 6 ARTICLE 6. OVERTIME WORK A. For all employees covered by this contract, except as specified below, duties performed over and above the assigned work schedule shall be considered overtime. B. FLSA non-exempt (hourly) employees shall be compensated for overtime work at the rate of one and one-half (1-1/2) times the normal pay rate or compensatory time off, computed at the rate of one and one-half (1-1/2) times . Because compensatory time is accrued at one and one-half (1- 1/2) times, it shall not be considered as "hours worked" for purposes of overtime calculation. work. The City retains the right to assign overtime work to any employee qualified to perform the 7 - ARTICLE 7. ACTING PAY All persons appointed to an acting position, at the sole discretion of the Director, will be compensated at the minimum rate of the acting position pay range or 5% above the employee's current rate of pay, whichever is greater. The employee must be in an acting capacity for thirty (30) consecutive calendar days before said employee becomes eligible for acting pay. Such pay will be retroactive to the first day the employee assumes the responsibility of the position. See City of Englewood Administrative Policy Manual, Policy #I, "Acting Pay" for discussion of acting pay for positions not covered by this contract. - ARTICLE 8. COMPENSATION The City's pay philosophy is to position the maximums of EEA pay grades at the median of the maximums of the market. A. RECLASSIFICATION OF POSITIONS If a job is reclassified to a grade higher than it occupied prior to the Salary Survey ( as defined in the Compensation and Classification Plan document) the incumbent' spay will remain the same until his/her next Performance Evaluation. If however, the employee's pay at the time of reclassification is below the minimum of the new grade range, it will be brought to the minimum of the new grade range prior and in addition to any increase based upon the Performance Evaluation score as described below. B. WAGE INCREASES Employees whose wages are below the maximum point of their grade range are eligible for a base pay building developmental increase , from 3% to a maximum of 5%, on their annual evaluation date.. An employee's increase percent is based on the score received on his/her Performance Evaluation, not to exceed the maximum of the grade range. Employees who have progressed through the developmental zone and reached the maximum of their grade range will no longer be eligible for base pay building increases. They will, however, be eligible for a one-time, lump-sum, Merit Pay award . The Merit Pay award is based on the score received on the employee's Performance Evaluation. Employees in the developmental zone whose evaluation scores would raise their pay above the maximum of the range, will be given base pay increases to the maximum of the grade range only . Any additional award will be non base building and awarded in the form of Merit Pay . Note: Regardless of the Total Score on the Performance Evaluation, no pay increase or Merit Pay award will be granted if an employee is on a Performance Improvement Plan in any area. Once the conditions of the PIP have been met, the employee will receive the appropriate increase, retroactive to the PIP completion date. C. A change in the evaluation date will result when: (1) The employee is on leave without pay. (See Article 27.) Leave of Absence (Without Pay) (2) The employee terminates his employment and later is reemployed. The new evaluation date shall be determined by his new employment date . Fundamental changes to the above will be made only with prior consultation and review with a ociation representatives. - ARTICLE 9. LONGEVITY COMPENSATION Effective January 1, 1984, and thereafter, all new hires shall not be eligible for longevity compensation as provided for under this Article. In addition to an employee's monthly salary, the employee shall be eligible for longevity compensation based upon the number of years of continuous service with the City and shall be derived from the following schedule: Years of Service Amount of Compensation 15-19 $36 per month for $432 per year, except for those employees who have not completed 16 full years of continuous service on December 1 of any year, which employee shall receive $288 plus an amount equal to $12 for each full month of completed continuous service after completion of 15 years of service up to December 1. 20 or more $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December l of any year, which employee shall receive $432 plus an amount equal to $12 for each full month of completed continuous service after completion of 20 years of continuous service up to December 1. 10 ARTICLE 10. ANNUAL LEA VE Employees hired after January 1, 1984 , and co vered by this contract shall earn annual leave each pay period as follows : Length of Hours per Hours per Earning Service Pay Period Year Limits 1. 0-4 Years 3.08 80 160 Hrs. (thru 48 mos.) 2 . 5-9 Years 4 .62 120 240 Hrs . (49 thru 108 mos.) 3 . 10+ Years 6 .15 160 320 Hrs . (109+ mos .) Accumulation of annual leave shall neither be authorized nor computed for any purpose after the maximum earning limit has been reached . The schedule for use of annual leave shall be determined by the needs of the department. Annual leav e shall be taken at the time conveni ent to and approved by th e department dire ctor or supervisor. How ever, th e City will make re asonabl e efforts to ac commodate the request of an employee to use annua l le ave w h ere a genuin e emerge n cy situation exists . Annual Leave Pay The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay for the employee's re g ular job. Annual leave shall be allow ed only to the total hourly amount a ccumulated up to and during the pay per iod in which th e leave is taken . W ork During Annual Leave If, after the emp loyee h as begun his/her an nual leave and the City requ ires the employee to work during the scheduled annual leave period, the employee will not be charged with vacation time for the number of hours worked. Annual Leave Pay Upon Separation When an employee terminates employment with the City, they will be compensated for unused annual leave earned as of the date of separation. Annual leave is not to be used to extend an employee's date of separation . II ARTICLE 11. PERSONAL LEA VE All employees covered by this contract shall be granted 48 hours of personal leave time with pay which an employee is entitled to use for the following purposes: A . Employee's own illness/injury B. Illness/injury of employee's family C. To attend to personal business For any employee who has not used the 48 hours of personal leave time ending October 31 of each year or any portion thereof, the City will compensate said employee for the unused time at the employee's regular wage rate to be paid during the month of November of that year. Personal leave time shall not exceed 48 hours nor shall it be accumulated or carried over from one year to the next. Personal leave shall be scheduled and administered under the direction of the department director or supervisor. In the event of illness/injury in which personal leave is requested, shift work employ~es shall notify their supervisor at least one (1) hour prior to their scheduled reporting time. Personal leave shall be prorated for employees beginning and terminating employment with the City during the November !-October 31 time period. 12 0 - ARTICLE 12. SHORT TERM DISABILITY (STD) (Formerly Temporary Disability-Non Job-Related) Short term disability (STD) granted for non-service connected injury or illness of an employee with at least ninety (90) days of service with the City, whose disability prevents the employee from performing his/her duties. STD is paid at 100% of the employee's regular hourly rate. The City agrees to provide employees covered by this contract STD leave with pay for employees absent as a result of illness/injury as follows: 91 days-4 years (thru 48 mos.) 5-9 years ( 49 thru 108 mos.) 10+ years (109+ mos.) 34 7 working hours 520 working hours 693 working hours STD leave shall not be accumulative. January 1 of each year the City shall restore l 00% of the number of hours used by an employee during the preceding year as follows: 91 days-4 years 5-9 years lO+years Utilization up to a maximum of 1 73 working hours up to a maximum of 260 working hours up to a maximum of 347 working hours A. Authorization for STD leave with pay shall only be granted after the first normal daily shift of disability. The elimination shift to access STD shall be taken and paid in the following order: personal leave, annual leave, compensatory time. If all accrued leaves have been exhausted, the elimination shift shall be taken as leave without pay. B. Authorization for STD shall only be granted for personal illness or injury, not service connected, including maternity related disability . See City of Englewood Administrative Policy #31, "Family and Medical Leave Act (FMLA)". Sick Leave Option All sick leave accrued by permanent employees prior to January 1, 1980 shall vest with the emp loyee, and may be used in the following manner: A . After exhausting STD hours . B . By cashing in all accrued sick leave accumulated under the previou plan upon normal retirement from the City at the rate of one hour's pay for eac h two hours of accru d ick leave or one hour's pay for each four hours upon eparation from the ity. 13 C . By cashing in accrued sick leave, once each year at the conversion rate of four ( 4) hours sick leave for one (1) hour pay, not to exceed a conversion of more than 400 hours each year. Reporting of STD The employee or a member of the employee's household shall notify the employee's supervisor at least one hour prior to the employee's scheduled reporting time. No STD leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee's work shift. Verification of Disability If absence from work is three (3) days or more, a medical release must be provided to the employee's supervisor, who will forward it to Human Resources for possible Family and Medical Leave qualification. Abuse of STD Abuse of STD occurs when an employee misrepresents the actual reason for requesting STD or when an employee uses STD leave for unauthorized purposes. An employee who makes a false claim for STD leave shall be subject to disciplinary action up to and including termination. 14 l , . ARTICLE 13. WORKERS' COMPENSATION A. For any on-the-job injury which causes an employee to be absent from work as a result of such injury, the City shall pay to such employee his full wages from the first day of his absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under workers' compensation. The City requires any employee on workers' compensation to submit to an examination(s) by City-appointed physician(s) at the City's expense or under the provision of workers' compensation. If the injury or illness results in an absence of over 90 days, the employee may request to supplement the 66&2/3 % wage benefit granted by the provisions of workers' compensation with personal leave, annual leave or sick leave (if applicable). Short term disability is available only for non work related illnesses or injuries, so cannot be used as a supplement to the workers' compensation benefit. B. All workers' compensation injuries shall be reported to the employee's supervisor within 24 hours of the injury or before the employee leaves their department of employment. 15 ARTICLE 14. MILITARY LEAVE The authority for this policy is derived from the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and Section 28-3-601 C.R.S. through Section 28-3-607 C.R.S. The City is obligated to grant military leave without loss of pay for absences not exceeding fifteen (15) days in any calendar year. Fifteen (15) days equates to fifteen 8-hour days, or 120 hrs. The City cannot require an employee to use annual leave for such purposes. The employee may, however, request use of vacation, compensatory time, or leave without pay to supplement absences exceeding those covered by the fifteen (15) day military leave allowance. Military leave of absence will result in no loss of any condition of employment that would have normally occurred if the employee had not been absent for such purposes. Employees are responsible for providing their department directors copies of all military orders that will result in a leave of absence for active military duty. Employees are also required to notify their supervisors at the earliest possible date upon learning of scheduled military duty. Employees who fail to return to work according to the provisions of USERRA and Section 28-3-601 C.R.S . through Section 28-3-607 C .R.S. are subject to disciplinary action up to and including termination . Employees must remit to the City any pay received by the military for the period of time the employee is on paid military leave. This remittance shall occur immediately upon receipt of the military pay (in instances that the military pay is greater than the employee's City pay, the employee may elect to forego City paid military leave). The City will make a reasonable effort to adjust work schedules and assignments to accommodate employees fulfilling military obligations. 16 ( ARTICLE 15. FUNERAL LEA VE Full-time employees are eligible for up to forty (40) hours of funeral leave . Annual or personal leave may be requested if additional time off is necessary . Funeral leave applies to members of the employee's family . For purposes of this policy, "Employee's Family" will mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers, and sisters of the employee or of the employee's spouse. 17 ARTICLE 16. JURY DUTY AND WITNESS SERVICE Leave will be granted to an employee called for jury duty or to appear as a witness in his/her official capacity in obedience to a subpoena or direction by legal authority. The employee will receive their regular salary for jury duty served. Any jury pay will be reimbursed to the City. The employee may retain any reimbursements for mileage and parking. Employees on jury duty or called as a witness in their official, City capacity will be expected to work as much of their regularly scheduled workday as their jury duty schedule or appearance in court permits. When an employee is subpoenaed as a witness in private litigation to testify, not in his official capacity but as an individual, accumulated leaves will be used to cover the time absent. All accumulated leaves must be exhausted before the time absent can be taken as leave without pay. Employees will not be paid overtime or earn compensatory time for time served as a juror or a witness. Overtime is computed on hours actually worked over forty (40) hours at the assigned job. An employee must return to work after being excused from jury duty if there are more than two (2 ) hours left in their regularly, scheduled workday . ( ARTICLE 17. HOLIDAYS A. The following days shall be considered official holiday s by the City and all employees covered by this contract shall be entitled to ninety-six (96) hours of holiday pay : 1. New Year's Day: January l. 2. Martin Luther King Day: the third Monday in January. 3. President's Day: the third Monday in February. 4 . Memorial Day: the last Monday in May . 5 Independence Day: July 4 . 6 Labor Day: the first Monday in Septemb er. 7 Veteran's Day: November 11. 8. Thanksgiving Day: the fourth Thursday in Novemb er. 9 Fourth Friday of November following Thanksgiving Day. IO Christmas Eve: December 24. 11. Christmas Day: December 25 . 12. New Ye.!lr 's Eve Day : December 31. B . Any employee covered by this contract who does not perform duty scheduled on the working days or have approved paid leave imm ediately prior to and following a holiday shall not receive pay for the holiday. C. Employees require d to work on an offi cial C ity holiday w ill rec eive approved holiday pay at two and one halftimes the employe e's regular hourly rate for holiday hours actually worked up to 8 hours. Hours worked over 8 hours will be paid at the ov ertime rate (time and one- half). For departments permitting other holiday compensation options, the procedures are as follows : a.. Approv ed straight time pay fo r numbe r o f hours actually worked on th e holiday up to 8 hours (hours worked over 8 w ill b e pa id at th e overtime rate of tim e and on e-ha lf) IN ADDITION TO up to 8 hours of Comp T im e (a ccrued at time and one-half) to b e taken at a later date ; OR b. Approved holiday pay at two and one-half times the employee's regular hourly rate for holiday hours actually worked up to 8 hours . Hours worked over 8 hours will be paid at the overtime rate (time and one-half.) D . When one of the foregoing holidays falls on a Sunday, the fo ll owing Mo nday shall be observed as the legal holiday. When any of the foregoing holidays fall on a Saturday, each employee shall be entitled to a day off for such holiday, which day off shall be sched uled as the City Manager determines, but no specific day shall be observed as a holiday for purpose of closing City offices and functions . See City of Englewood Administrative Poli cy #33, "Official Holidays", for further clarification . 19 ARTICLE 18. UNIFORM CLEANING ALLOWANCE If an employee is required to wear a uniform, the employe e shall wear the uniform only as authorized by the department •vork rules . The City will provide uniforms, cleaning and replacements. The City will provide 50% of the cost of required work shoes up to a maximum of $90 per year except with department director approval. All employees shall maintain a presentable appearance while on duty. The employee is responsible for any damage to the uniform by negligence or deliberate act. 20 l . ARTICLE 19. TUITION REIMBURSEMENT I DEGREE ACHIEVEMENT RECOGNITION See City of Englewood Administrative Policy #29, "Tuition Reimbursement/Degree Achievement Recognition". 21 ARTICLE 20. LIFE INSURANCE Term life insurance will be provided by the City for employees covered by this contract in the amount of one time his/her annual salary. The minimum benefit is $30,000 and the maximum benefit is $50,000. Upon separation from employment, the employee may convert the life insurance per the life insurance plan conversion agreement in place at the time of his/her separation from employment. 22 ) ARTICLE 21. INSURANCE A . MEDICAL The City will pay ninety percent (90%) of the premium cost for "employee only" coverage, eighty-five percent (85%) of the premium cost for "employee plus one" coverage and eighty percent (80%) of the premium cost for "family" coverage for medical insurance. Employees will pay either ten percent ( 10% ), fifteen percent ( 15% ), or twenty percent (20%) of the premium cost for medical insurance, depending on the level of coverage. B. DENTAL The City will pay ninety percent (90%) of the premium cost for "employee only" coverage, eighty-five percent (85%) of the premium cost for "employee plus one" coverage and eighty percent (80%) of the premium cost for "family" coverage for dental insurance. Employees will pay either ten percent (10% ), fifteen percent ( 15% ), or twenty percent (20%) of the premium cost for dental insurance, depending on the level of coverage. C. Any dispute concerning the interpretation or application of benefits provided under the health or dental plans shall be subject to the plan appeal process. It is expressly understood that this article is a non-grievable item under this contract. 23 ARTICLE 22. RETIREE HEALTH INSURANCE ASSISTANCE Retirees will be guaranteed conversion privileges to the Health Insurance Conversion Plan available through the City . For those who retired prior to December 31, 1996, the City will pay $50 per month. For retirees after January 1, 1997, the City will pay $7 5 per month . 24 .1r-~·-., ........ .:.;·"~>,s;;.;.;--~--------~--__;~:_ __________________________ _.._ ___ ..._ ( ARTICLE 23. PENSION/RETIREMENT PLANS The pension plan description for employees covered by this contract is set forth in Title III, Chapter 4 of the Englewood Municipal Code. Additionally, the plan description for the Non- Emergency Employees Money Purchase Plan is available for inspection in the Department of Finance and Administrative Services . 25 Ii • i I • I ' ' ' I : I ! ARTICLE 24. LAYOFF A. Whenever there is lack of work, lack of funds, or under conditions where it is determined that continued work would be inefficient or nonproductive, requiring reductions in the number of employees, the appointing authority shall designate the department and positions in which the layoff is to be made. In identifyina individual employees to be laid off, the appointing authority shall consider the relative ability of all employees within the position classification, taking into account the employee's documented pcrfonnance history and then seniority with the City. B. Employees laid off shall be put on a recall list for one year following their layoff. Employees recalled from layoff into the same job classification shall be recalled in inverse order of layoff. If they are recalled into a different position, those recalled must have the demonstrated ability and qualifications to perfonn the available work as determined by the City. No new employees shall be hired into positions covered by this contract until all employees on layoff status desiring to return to work have been recalled. C. Employees identified for layoff shall have the right to displace an employee in any position classification which the employee fonnerly held in the department, talcing into account both the employees' documented pcrfom1ancc history, demonstrated ability and then seniority with the City. The employee ultimately displaced shall then be the person laid off unless that employee in turn has effective displacing rights under the provisions of this article. 26 ~ ......... ...: .... .._.__-_____ ...i;.. ________________________ ~~=•----~ ARTICLE 25. LEAVE OF ABSENCE (WITHOUT PAY) After twelve months of continuous service and upon approval of the department director, in concurrence with the Human Resources Director, employees may be granted an unpaid leave of absence of up to one year for compelling personal reasons not related to Family and Medical Leave reasons. All accrued, paid leave must be exhausted before the beginning of the unpaid leave of absence. Employees on such leave do not accrue personal leave, annual leave or longevity pay. Employees on unpaid leave of absence are not eligible for holiday, jury, military, funeral or administrative leave. When an employee is on an unpaid leave of absence, he/she will remain in the City health and dental insurance plans, provided the full premium is paid by the employee. The employee may retain the benefit accrual rate they were eligible for at the beginning of the unpaid leave, provided the employee returns to work with the City on the agreed upon date. Upon return, the employee's hire date will be adjusted if the leave has exceeded thirty (30) calendar days. An employee who engages in other employment, including self-employment, while on official leave of absence, will be terminated effective as of the last day worked, unless prior written approval has been obtained from the Human Resources Department. Employees on an approved leave of absence, who fail to report for work by the first day after the expiration date of the leave of absence or a properly approved extension, will be terminated from their employment with the City as of the last day actually worked. 27 ARTICLE 26. GRIEVANCE PROCEDURE A grievance is defined as a claim or dispute by an employee covered by the terms of this contract concerning an alleged violation of a specific provision of this contract. The employee shall be required to follow the procedure as set out below : A general grievance is defined as a grievance that concerns a group of employees or the bargaining unit in general. A general grievance can only be filed by the Association within the time frame specified in Step 1, and the initial review will occur by the department director at Step 2 below. A. "Work Day" means calendar days exclusive of Saturdays, Sundays, and City recognized holidays. Step 1. If the employee is unable to settle the grievance or dispute orally and informally through his/her immediate supervisor within five (5) working days of the date of the occurrence of the grievance, or the employee's knowledge of it, the employee may, within the succeeding five (5) work days, file a written grievance with his/her supervisor. The supervisor shall attempt to adjust the matter and shall respond in writing to the employee within five (5) work days. Step 2. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the department director within five (5) work days following receipt of the supervisor's response. The department director shall respond in writing to the employee within five (5) work days. Step 3. If the grievance still remains unadjusted , it shall be presented by the employee to the City Manager in writing wi thin five (5) work days following receipt of the response of th e department director. The City Manager or his/her designated hearing officer sh all have a m eeting with the grievant to review the grievance and all relevant information . Within ten (10) work days of that meeting, the City Manager or his/her designated hearing officer will issue a written decision . Step 4. 1. If the grievance is still unresolved, the Association within fourteen (14) calendar days after the reply of the City Manager or his/her designated hearing officer, may by written notice re quest the matter be submitted to arbitration . The parties will attempt to choose a mutually agreeable arbitrator. If within five (5) days of the request for arbitration the Association and the City cannot mutually agree on an impartial arbitrator, a request will be filed with the American Arbitration Association for a panel of seven (7) arbitrators to be sent to the parties . The arbitrator shall be selected by a method of alternative striking of names from the panel, with the first strike determined by a coin flip . The final name left on the panel shall be the arbitrator. The arbitrator hall be reque ste d to issue a decision within thirty (30) days after conclusion of te timony and argument. 2 2. Each party shall be responsible for compensation to its own representatives and witnesses. The fees of the arbitrator shall be borne equally by the Association and the City. 3. Authority of Arbitrator The arbitrator shall have no power to add to or subtract from or change the terms of this contract. The written decision of the arbitrator shall be final and binding upon the parties. The arbitrator shall limit his decision strictly to the grievance submitted which has been properly processed through the grievance procedure outlined. 4. Failure by an employee or the Association to comply with any time limitation shall constitute a settlement of the grievance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. At the employee's option, the employer may be allowed additional time to respond. Grievance Option It is agreed that should the appeal procedure as provided under 138:3 of the City Charter or applicable City ordinance is utilized, recourse to the grievance procedure included in this Article shall be waived. Processing Grievance During Working Hours Grievances may be investigated and processed by the employee or designated employee representative during working hours, within reasonable time limits, without loss of pay, provided notice is given and the workload permits . 29 ARTICLE 27. WRITTEN CORRECTIVE ACTION Whenever more serious grounds for corrective action exist (i .e ., more serious than those deemed by the supervisor to warrant oral corrective action) the supervisor should issue a written corrective action. The written corrective action will be addressed to the employee and will include the following information: • The violation • The specific behavior • The dates of the behavior • The warning that continuance of the specific behavior will result in disciplinary action, and • An offer of assistance in correcting the behavior. Both the employee and supervisor must sign the document (if necessary, the supervisor will note that the employee refuses to sign the document). A copy of the written corrective action will be forwarded to Human Resources to be included in the employee's official personnel file. The employee will have the opportunity to submit written comments in response to the written corrective action to be included in their file. This Article shall not be grievable under this contract, nor shall it apply to probationary employees . 30 '. ARTICLE 28. DUES DEDUCTION A. The City agrees to deduct the Englewood Employees Association dues each pay period from the pay of those employees who individually request in writing that such deductions be made, subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be certified to Human Resources by the Treasurer of the Association, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revocable during the term of the contract, upon written notice by the employee to Human Resources . B. If no wages are paid to an employee authorizing such deductions in any given pay period, deduction for that pay period( s) will be made from any wages which may be paid to him/her in the succeeding pay period(s). It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the Englewood Employees Association of any dues during any time that an employee is not actually working for the City and actually on the payroll of the City. In the event of error on the check-off list, the City will not be responsible to make adjustments, until notified by the Treasurer of the Englewood Employees Association. C. The Englewood Employees Association shall indemnify and hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. D. Changes in the dues amount to be deducted shall be limited to two (2) changes each year, providing a thirty (30) day written notice is provided to Human Resources . E . Should the change in the deduction method require a computer programming change, the Englewood Employees Association shall be responsible for the cost of such change or changes, at $30 per hour with a four (4) hour maximum. Payment from the Englewood Employees Association shall be made to the City Finance and Administrative Services Director within ten (10) days of receipt of billing. 31 ARTICLE 29. ASSOCIATION ACTIVITIES The City agrees that during working hours on the City premises and without loss of pay, Englewood Employees Association members may be allowed to: • attend two (2) EEA meetings annually. The City, however, retains the right to maintain appropriate staffing levels as determined by the department director and will not be required to pay overtime or compensatory time necessitated by attendance at the meeting. Members may be called back from such meetings to address emergencies. Other membership meetings may be called to address issues of general interest. If these additional meetings are held during employees' work shifts, the City retains the right to either approve or disapprove attendance on City time (i.e ., during times other than employees' lunch and break periods). Notice of such meetings, specifying whether it is biannual or general interest will be provided to directors, managers and supervisors two weeks in advance, unless it is mutually agreed to waive this provision; • post EEA notices on City designated bulletin boards; • solicit EEA memberships during employee's non-work time. Additionally, the Association may call monthly meetings of its board, to be held during the board members' lunch periods. One (1) week's notice will be given to supervisors if the meetings are expected to exceed the lunch periods. Board members may also be allowed to represent employees on grievances. They will be allowed to represent employees at labor management committee meetings and negotiations . During negotiations, EEA negotiation team members may meet during work hours to discuss issues with appropriate notice given to directors, managers and supervisors . The Association team shall not exceed eight (8) members. 32 I: I! ARTICLE 30. STANDBY PAY Standby pay is defined as compensation for employees covered by this contract who must be immediately available to respond while off duty. All employees covered by this contract and assigned standby duty shall be compensated at a rate equal to eight (8) hours at his/her regular rate of pay for one week of standby duty. Standby pay shall be prorated for standby duty of less than one week. (Example: an employee assigned standby duty for one day will be compensated at a rate equal to 8 hours/ 7 = 1.14 hours). Standby pay shall not be substituted with compensatory time . 33 - i ' ' , l • I j I I I I I I I I I I ' -~---------·---- ARTICLE 31. CALL BACK Any time an employee on off-duty status (including stand-by duty) is called back to work he/she shall be credited with a minimum of two (2) hours pay at the rate of one and one-half (11/2) times his/her regular hourly rate. With the approval of the department director and subject to departmental guidelines, the employee may choose to substitute compensatory time for call back pay. 34 ' 0 I ! I ' i i I ARTICLE 32. LABOR MANAGEMENT COMMITIEE A labor management committee consisting of four ( 4) members appointed by the Association and four (4) members appointed by the City shall meet on a quarterly basis . The committee will only deal with group issues that are not dealt with through other existing committees or grievance procedures. The Association will send its agenda items to the Human Resources Director at least one (1) week prior to the date of the quarterly meeting. City policy changes will be presented at the quarterly labor management committee meetings. Emergency policy changes will be immediately forwarded to the Association for distribution . 3S - ARTICLE 33. EXCLUSIVENESS OF CONTRACT The City and the Association agree that the terms and provisions herein contained constitute the entire contract between the parties. The City and the Association agree that all negotiable items have been discussed during the negotiations leading to this contract and, therefore , agree that negotiations will not be reopened on any item during the life of this contract, except by mutual agreement of the parties. IN WITNESS THEREOF, the parties have caused this contract t o be signed by their respective representatives , and their signatures placed thereon, on this day of _June , 2007 at Englewood, Colorado. ENGLEWOOD EMPLOYEES ASSOCIATION Robert E . Stephenson, President Johny Lujan, Vice President 36 CITY OF ENGLEWOOD Mayor, Olga Wolosyn ATTEST: City Clerk, Loucrishia A. Ellis City Manager, Gary Sears COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 18, 2007 11 Ci Collective Bargaining Agreement between the City and the EEA for 2008 and 2009 Initiated By: Staff Source: Human Resources Department Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Bargaining Agreement with the Englewood Employee Association was approved by Council for 2006 and 2007. RECOMMENDED ACTION Staff requests Council adopt a Resolution approving the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood for the years 2008 and 2009. The contract covers approximately 199 employees. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood and the Englewood Employees Association entered into negotiations in May of 2007 in accordance with the City of Englewood Charter. The members of the Englewood Employees Association duly ratified, by a majority vote, the Collective Bargaining Agreement. No significant changes to the contract were made. All wage increases will continue to be based upon employee performance as indicated by the performance evaluation score. No base wage increases will be granted employees whose wages meet or exceed the maximum point of their jobs' grades. They will be granted a one-time, lump sum Merit Pay award based upon performance as indicated by the performance evaluation score. The duration of the collective bargaining agreement will be from January 1, 2008 through December 31, 2009 FINANCIAL IMPACT The impact of the wage increases and Merit Pay awards to the General Fund will be approximately $179,000 for 2008. The impact of the wage increases and Merit Pay awards to the General Fund for 2009 will be approximately $186, 160. Additional cos ts associated with the wage changes (F.I.C.A, Medicare and 401 (a) match) will be approximately $26,223 for 2008, for a total of $205,2 23 . Additional costs associated with 2009 wage changes will be approximately $27,272 for a total of $213,432 . The EEA wages associated with the General Fund are 51 % of the total EEA wages, so the financial impact organizationally is approximately twice the amount listed above. LIST OF ATTACHMENTS Proposed Resolution ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 18, 2007 11 C ii Purchase of Bucket Loader Initiated By: Staff Source: Department of Public Works Rick Kahm, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved purchase of a truck mounted loader in the 2007 Capital Equipment Replacement Fund (CERF). RECOMMENDED ACTION Staff recommends that Council approve, by Motion, the purchase of one bucket loader, Model No. L-100-CT, from MacDonald Equipment Company in the amount of $68,788. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED City Council previously approved the purchase of the cab and chassis from Transwest Trucks to replace the 1998 Chevrolet T 7 500 that had been in service for nine years. The bucket loader will be attached to the new cab/chassis and used by the Streets Division, primarily for asphalt work on City streets. FINANCIAL IMPACT The lowest bidder, Kois Brothers , did not meet City specifications. Staff recommends approval of the lowest technically acceptable bid from MacDonald Equipment in the amount of $68,788. Funding is available in the 2007 Capital Equipment Replacement Fund . LIST OF ATTACHMENTS Bid Tabulation Sheet Bid Specifications ·--. ------ -~ r r City of En!,.~wood B i d Tabulation Sheet /'"'\ Bid Opening: May 17, 2007 10:00 a.m. I ITEM: IFB-07-122 GT Bucket Loader I I 1 I I I Vendor Qty Bucket Loader Installation Total Bid Exceptions: I Willams Equipment I Mike 303-573-0149 1 $ -$ -$ . NOBID I 9670 Dallas St Unit J Henderson . co 80640 Macdonald Equipment I Joe 303-287*7401 1 $ 68,788 .00 N/C $ 68 ,788.00 See bid documents I I PO Box 5011 No exceptions ' Commerce City, CO 80022 I Bovie Equipment Company !Larry 303-287-1200 1 $ . $ -$ . NOBID I I 7550 Dahlia St I Commerce City, CO 80022 I MHC Kenworth Mike 720-941-0833 1 $ -$ -$ . NOBID 7007 Sandown Rd Denver, CO 80216 Kois Brothers I I I Gary 303-298-7370 1 $ 51 ,486.00 N/C $ 51 ,486 .00 See bid documents I ' I 5200 Colorado Blvd Will not mount on a Freightliner Commerce City, CO 80022 I I 0 J Watson Equipment I 8amJ 303-295-2885 1 $ . $ . $ . NOBID 5335 Franklin St Denver, CO 80216 Transwest Trucks John 303-289-3161 1 $ -$ -$ . NOBID 7626 Brighton Rd Commerce City, CO 80022 I I I I • ' ... "" ~-I . I I I I I I ' ---------------. ·------' ( {' CITY 0 F ENGLEWOOD PURCHASING DIVISION Request# IFB-07-122 Date: April 26, 2007 INVITATION FOR BID GT BUCKET LOADER The City of Englewood will receive sealed bids for supplying "GT BUCKET LOADER" as per specifications no later than 10:00 A.M. prevailing time, May 17, 2007. Bids will be received at the office of the Purchasing Division, 2800 South Platte River Drive, Englewood, Colorado 80110- 1407. Bidding firms are asked to mark envelope "GT BUCKET LOADER" in lower left hand corner with the Bid #IFB-07-122 shown on the front of the envelope in wh ich the bid is submitted . The City of Englewood assumes no responsib ility for unmarked envelopes being cons idered for award . An authorized company representative is required to s ign in ink on the b id proposal form . If City offices are closed due to inclement weather , an amendment will be issued w ith a new date , time and address of the bid opening . The City of Englewood is exempt from all federal , state , and local taxes . At time , date , and place above , b ids w ill be publi cl y opened and read out loud . Late b ids will not be accepted under any circumstance , and any b id so rece ived shall be returned to the bidd ing firm unopened . In add ition , telegraph ic and /or b ids sent by electronic devices are not acceptab le and w ill be re jected upon rece ipt. B idd ing firm s w ill be ex pe cted to allow adequate time for delive ry of their b id e ithe r by air frei ght , po s tal se rv ice , or other me an s . Bidding firm s are invited to, but not required to attend th e bi d opening . The City of Englewood has contracted w ith BidNet and has begun utilizing a new central bid notification system created for the City of Englewood . This new system will allow vendors to reg ister online and receive notification of new bids , amendments and awards . If you do not have internet access, please call the BidNet support group at (800) 677-1997 extension #214 or the City of Englewood Procurement Division at (303) 762-2393 . Vendors with internet access should review the registration options at the following webs ite : http ://www .g ovb id s. c om/scri pts/c o 1 /p u b lic/i nfo/reg opt ions.asp . All material subm itted in conn E·i:tion w ith this bid becomes the property of the City of Englewood . Any and all bids received by the City shall become public record and shall be open to publ ic inspection after the award of a contract, except to the extent the bidding ent ity designates trade secrets or other proprietary data to be confidential. Any questions or clarifications concerning this bid shall be submitted in writing by e-mail : dclarke@englewoodgov.org or facsimile (303) 783-6951 to the City of Englewood , Procurement Division, 2800 S . Platte River Drive , Englewood , CO 80110-1407 . The bid title and number should be referenced on all correspondence . All questions must be received no later than seven (7) calendar days prior to the scheduled bid opening date . All responses to questions/clarificat ions w ill be listed on the BidNet address as listed above as an addendum . The City w ill not be bound nor responsible for any explanations or interpretations other than those given in writing as set forth in th is invitation for bid . No oral interpretations shall be binding on the City . BIDDERS MUST SUBMIT PROPOSALS ON THE ATTACHED BID PROPOSAL FORM AND SUBMIT THREE (3) COPIES FOR EVALUATION PURPOSES. By submission of the bid, the bidding firm certifies that the bid has been arrived independently and submitted without coordination with any other bidding entity Any item offered or shipped as a result of this bid shall be new and the current model offered at the time of this IFB (Invitation for Bid). Upon the City of Englewood 's acceptance and the issuance of a Purchase Order, the specifications of this bid and the firm 's IFB response shall become a binding contract. Bids will be quoted F .O.B. Englewood , Colorado . If the material or services supplied to the City are found to be defective or fa il to conform to specification, the City reserves the right to cancel the order upon written notice to the seller and return of the product at the bidd ing firm 's expense . In case of any doubt or difference of opinion as to the items to be furn ished hereunder, the decis ion of the City shall be final and binding on both parties . Price quoted in the bid shall be firm until the bucket loader is installed on the truck and delivered to the Sevlcenter Garage , 2800 S Platte River Drive , Englewood , CO 80110 . The successful bidding entity shall indemnify and save harmless the City of Englewood and all officials, agents , and employees from all suits or claims of any character brought by reason of infringement on any patent, trade mark or copyright. Bidders will be required to conform to the specifications . Deviations may deem the bid unacceptable. Any exception to the minimum specifications, general conditions, and bidding firm's bid will be stated as an "exception" on the bid proposal form. 2,00 o.Pl.ith:Rl\crDrive.Englew d. okrado 0110-1407Ph(303) 61-2393 . ( 03)7,3-69"1 \\\\w .i:ni;le\\o...JgO\ or, (_ If items called for by this Invitation for Bid have been identified by a brand name or "equal" description, such identification is intended to be descripti ve, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory . Invitation for Bid 's offering "equal" products will be considered if the bidder clearly identifies such products with brand name, part number and any technical data , brochures or other information, so that the City can make a technical evaluation to determine that the products are equal. THE BIDDING ENTITY IS REQUIRED TO PROVIDE A STATEMENT WITH THE BID INDICATING THAT THE BID IS IN ACCORDANCE WITH THE INVITATION FOR BIO WHEN THE BID IS FOR THE EXACT REQUIREMENTS OF OUR SPECIFICATIONS. THE BIDDING ENTITY IS REQUIRED TO PROVIDE A STATEMENT WITH THE BID INDICATING THAT THE ITEMS WILL BE DELIVERED IN ACCORDANCE WITH THE INVITATION FOR BID. ALL PARTIES INTERESTED IN SUBMITTING A BIO SHALL BE REQUIRED TO HAVE A LOCAL DISTRIBUTOR WITHIN THE DENVER METRO AREA WHERE WARANTEE WORK IS TO BE PERFORMED. ANY BIDDER THAT DOES NOT HAVE THIS REQUIREMENT WILL BE DEEMED NON-RESPONSIVE. The successful bidding entity agrees to comply with all applicable Federal , State , County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein and agrees to secure all necessary licenses and permits in connection with this invitation and any goods or services to be provided . Where bidding entities are required to enter City of Englewood property to deliver materials or perform work or services as a result of an award, the entity will assume the obligation and expense of obtaining all necessary licenses, permits and insurance. The bidding ent ity shall be required to have property , liability, and workers compensation insurance with minimum limits of $1,000 ,000.00 and to provide the City with copies of the certificate of insurance upon request. The successful bidding entity will not discriminate aga inst any employee or applicant for employment because of race , color , religion , sex or national origin and will comply w ith the America ns with Disa b ilit ies Act. The successful bidd in g entity shall adhere to acceptable affirmat ive action gu idelines in selecting employees and shall ensure that employees a re treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading , demotion, or transfer, recruitment or recruitment advertising ; layoff or terminat ion, rates of pay or other forms or compensation ; and selection for tra ining , includ ing apprenticeship . The City of Englewood shall have the right to reject any or all bids , and to waive any informalities or irregularities therein and request new bids when required . In addition , the City reserves the right to accept the bid deemed most advantageous to the best interest of the City . Any award made in response to th is Invitation for Bid will be made to that responsible bidding entity whose offer will techn ically be most advantageous to the City --price , del ivery , est imated cost of transportation , 2, 00 o. Platte R1, er Dri, c, ngkw ,J . ol,,nfo O 110 -1407 Ph ( O') 62 -2.N I x(303) 3-6951 """ .:n ·•k\\11 ,1\lllm 01 and other factors considered . The option of selecting a partial or complete bid shall be at the discretion of the City of Englewood . The City of Englewood is an environmentally conscious City . Vendors supplying products made from recycled materials and environmentally sound packaging will be given preference when all other evaluation criteria is deemed equal. Bidding entities shall contact Don Clarke , Purchasing Administrator, Procurement Division , telephone (303) 762-2392 on any questions relating to the Invitation for Bid and Minimum Specifications. Don Clarke Purchasing Administrator City of Englewood, CO 2, 00 o. Plath! Ri,·cr Dri\e . ngl!!w Ph (30 )762-23 3 Fax (30 )7 3-69"1 MINIMUM SPECIFICATIONS FOR INVITATION FOR BID #IFB-07-122 GT BUCKET LOADER The loader is to be mounted on a 2007 Freightliner M2 conventional chassis , 174" wheelbase ( 11 O" cab to axle), 14,600 lbs front suspension and 23 ,000 lbs rear suspension truck . This unit will have a multi-plexed electric system, Mercedes-Benz MBE-900-280 7 .2L engine, and an Allison 3000 RDS automatic transmission . This unit is being purchased through Transwest Trucks , 7626 Brighton Rd ., Commerce City , CO 80022 . The contact salesman is Kevin Wright (303-301-7418). This truck will be dropped shipped to the successful bidder and then delivered as a complete unit to the City of Englewood . BUCKET LOADER: Truck mounted loader shall self-load the dump body of the truck on which the loader is mounted, and it shall also be capable of forward loading the other trucks as well. The loader bucket shall have a capacity of not less than one cubic yard and shall be equipped with hydraulically actuated tilting bucket and "clam " or "jaw". The bucket shall be so designed that when the bucket tilts forward the jaw will make contact with the ground a minimum of 40 inches in front of the bucket cutting blade. The design of the loader shall allow the operator to have down pressure on the bucket. Side arms supporting the bucket shall pivot at a point immed iately behind the front wheel or truck cab and may be supported on a separate frame or d irectly to the truck frame . Loader shall be powered hydraulically by means of a hydraulic pump , driven from the truck transmission power take-off. The loader control levers shall be mounted inside the truck cab within easy reach of the driver/operator. Safety switches shall be installed so that when the power is engaged the open ing of truck doors w ill disengage the "Hot Shift" PTO thus the loader cannot be operated . Safety sw itch es shall al so be install ed o n d um p body so t hat body cannot be raised when t he load er is in the t ravel position . The loader shall be complete and ready for operat ion . The follow ing capac ities shall app ly : Bu cket Capacit y Loader Net Lift Capac ity Hydraul ic Oil Reservo ir Hydraul ic Pump 1 cub ic yard 3,000 LBS . 25 gallons 26 gpm at 1800 rpm @ 2,000 psi • . l'I 111: RI\ r Dm e, I.ogle'>' DUMP BODY : Length 12 ' W idth 96 '' Sides 24 " All one piece steel with vertical side port bracing Floor 4·· Channel cross members on 12 " centers with gussets Tailgate 32" Double action with 1 W ' upper ears w/grease fittings, air operated Hoist Underbody with full sub frame Color White Cab Shield To completely cover cab of truck and protect both cab and windshield from damage . Lighting To be LED and meet all federal safety standards Please provide product sheets with brand name , part number and any technical data , brochures or other information, so that the City can determine that the product meets requirements . ( Item No. PROPOSAL #IFB-07-122 GT BUCKET LOADER Est. Description Qty. We are Bidding (1) PB Loader - 1 . GT Bucket loader 1 $Included in total bid price Mfr. PB Loader Model L-100-CT 2 . Installation 1 TOTAL BID $Included in total bid price $68,188 00 Estimated date of delivery gn Days after receipt of Truck and all COJIIPonents ALL MATERIAL F.0.8. CITY OF ENGLEWOOD 2800 South Platte River Drive Englewood, CO 80110 INVOICING TERMS NET JO Product brochure included? Yes_x_No Price quote firm until installation has been completed and truck delivered . Exceptions :_.......,....,........_ _____________________ _ By: Joe Ovens Niame ~ase Print) ~ O&.J ey-.-- S i a re i ce Pres i dent T itl e MACDONALD EQU I PMENT COMPANY May 1, 2007 Date Company 7333 Highway 85 / Post Office Box 5011 -Coamerce City, CO 80037-5011 Address JOJ-287-7401 Telephone 1 '00 , . PIJtte R1,cr Dmc. Lnglcwood , ol r do 0110-140 11 ,, , cn•dc,10.1\.1~11\ orn (_ ( May 1, 2007 City of Englewood Purchasing Division ~~~~"~~~ ~ca..~,P """-~~~ 7333 Highway 85 P .0. Box 5011 Commerce City, CO 80022 Phone: (303) 287-7401 Fax: (303) 287-7404 2800 South Platte River Drive Englewood, Colorado 80110-1407 We are pleased to quote for the City of Englewood, Bid Request# IFB-07-1.22: - 1 PB LOADER Model L-100-CT, 1 Cubic Yard Shovel, Clam Shell with tilting action on shovel 3000 lbs lifting capacity, Full Cab Shield-Standard Chassis, PTO 277 Hot Shift (Allison World Transmission), Heil SL 12' Dump Body 7/9 Yards with 1824HD Hoist, legal equipment. LED Lights and wiring, pump, hoses, tank, valve and controls, mudflaps, steel mud guards, air tailgate installed and match cab paint. TOTAL PRICE: $68,788.00 NOTE: This quote meets all the City of Englewood specifications • ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Units quoted from stock are quoted s11bject to prior sales. Prices s11bject to Q(ljustment to comply with manufacturer prices in effect at date of shipment and q11otalion automatically expire thirty (30) days fivm its date. Prices q11oted do not i11cl11de a11y state, local and !or other applicable fates w,d J111ch taxes (if a,ry) shall be paid by the p11rchaser in adtlition to the quoted price, ,mless sluJ\m separately abave. Delivery quoted is an estimate only and is based on die elate of this quotation and is farther s11bject to wry delay (!IICOUntered in receiving a fim, order wul to other factors being beyo,ul our C011trol. Warranty is limit«/ to that on new machines as provicled by the manufacturers, copies of which are available on request. No tt""!"(V aprmeJ or implied on used !flfflJfflffl( unlas ded6ffJ in • W• oft/tis flMlle.. It is understood that d,ere are no verbal agreements or understandings, which in any manner cor,jlict Mith the written tenns of this quotation. F.O.B.: Englewood, Colorado Estimated Shipping: 90 Days after Receipt of Truck and AU Components. Terms: NET JO Macdonald Equipment Company: Submitted by : Ken Owens , Sales Representative