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HomeMy WebLinkAbout2007-11-19 (Regular) Meeting Agenda Packet,. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, November 19, 2007 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '7: #~ 2. Invocation.~ 3 . Pledge of Allegiance. ~ 4. RoJICall. rJLt 1~ 5 . Consideration of Minutes of Previous Session. .... ~r/,{)a. Minutes from the Regular City Council meeting of November 5, 2007.~ b. City Council Recognition and Swearing In. i. Comments and re c ognition of families and/or guests by the departing members of City Council. ii. A token of appreciation will be given to departing City Council Members. iii. The Mayor Pro Tern will ask the City Clerk to announce the status of the election. iv. City Council will make a determination of the election and qualification) ~f (ts 1 • IL .• j~ /Jff4 '7.-(} membershi~~ ~ U" ~ .;;/Lj_ &q; {!,U/lM /(UIUUO V. vi. v ii. The new City Council Members will be sworn in by the Honorable Associate Judge David Sprecace . . ·o~ /)~.tJ.. : 8:/ok. J Brief Recept1/ ~ ; o,·lf Members of City Council are seated (in tem~aces) and the Mayor Pro Tern asks the City Clerk to call the roll of City Council members. The Mayor Pro T em will then declare whether a quorum is present. Englewood C ity Coun cil Ag<•ml.i November 19, 2007 Pag e 2 IA~~k!~iii. The Mayor Pro T em calls for nominations for Mayo r. ~ l'flAYV!J,-;!f/11 ~~{f,; Mayo r assumes th e Chair and ca lls for n om in a ti o ns fo r M ayor Pro Te m . ~ x. Perm an ent sea ting assignments are give n. xi. Recog niti o n of families and /or gu es ts of th e n ew Membe rs of City Cou nc il. 6. Rec ognition of Scheduled Public C o mment. (Please limit your presentation to t en minutes.) ff 7. Recog nition of Unsch ed ul ed Public Comment. (Please limit your presentati o n t o fi ve minutes. Time for uns c hedul e d puhli c co n1ment may be limited to 45 minutes and if limit ed sh all be co ntinu ed t o G en eral Dis c ussion .) k 8. Communi ca ti o ns, Proclamati o ns , and App o intm ents. M emo r,1ndum from Boa rd o f Adju stm ent and App ea ls C hair John Smith n o tify ing Counci l of Gwend o ly n Sho twe ll' ve rb al notifi ca tion o f resignatio11 from th e Boa rd of Adju stm ent and Appea ls. g. Co nse nt Agenda Items. Approval of Ordinances o n First Rea ding. » a. h. App~f Ordinan ces o n Second Rea din g. C. Reso luti o ns and M o ti ons. fr I 0 . Publi c I !ea ring It ems . (None schedu led.) fr I I . Ord inances, Resolutions and Motions . • 1. Approv'-I of Ordinances on First Reading . i . Coun ii Bill No. 7 1 -Re commendation from th e Community DPv<'l(Jpnwnt D ep, rtm ent to adopt a Bill for an Ordinan c e approvin g th e rt•dt•rnption .rnd suh seq u nt salP of 2397 West Harvard Av e nu e acquired th ro ugh th , for edost1re pro ess as dt>fi1wd hy o lor.1do St ate Statutes. STAFF SOURCE : Janel Grimmett, Commu nit y Development Hou si ng Finan ce Specialist. {'f'i~ - l'l t>.1,1• 1101<': II ou h,l\<' .1 d1,.11Jihty ,111d 11(•t•d .111 ili,1ry ,tid~ or wrvirP<;, plt0 ,1't' 1101i(y tlw Ci t o( I 11glt•wood ( IO 1-71>:.!-2·10 7) .11 IP,~111 lt11111 ':!.'1 .1clv.1m <' o( wht>11 M•r i< ~,.,1•<h·cl . l h.111!.. you . '\ Englewood City Council Agenda November 19, 2007 Page 3 ii. fJpfdiJ-0 Council Bill No. 72 -Recommendation from the Community Development Department to adopt a Bill for an Ordinance authorizing the execution of two Intergovernmental Subgrantee Agreements between the Arapahoe Board of County Commissioners and the City of Englewood for the reallocation of funds from the 2006 Arapahoe County Community Development Block Grant Program. STAFF SOURCE: Janet Grimmett, Community Development Housing Finance Specialist. ~ b . Approval of Ordinances on Second Reading. ~ c. Resolutions and Motions. ii. Recommendation from the Finance and Administrative Services Department to approve a Resolution designating the Capital Projects Fund , the Conservation Trust Fund, and the Open Space Fund as permanent improvement funds for accounting purposes . STAFF SQ~.R~E: Frank Gryglewicz, Director of Finance and Administrative Services. / ~ Recommendation from the Public Works Department to approve, by Motion, the purchase of three, four-yard freightliner dump trucks from Transwest'through Englewood's current internet bid request, Bid Net No. IBF -07-105, in the amount of $311,778. STAFF SOURCE: Rick Kahm, Director; Pat White, Fleet Manager; and Dell Montgomery, Streets Manager. ~ 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. Re commendation to appoint Marni Nathan Kloster of Nathan, Bremer, Dumm & Myers, P.C. to assist in Collection of Default Judgment against Wide Band Communications~ 15 . Adjournment. 9 :/rJ ~ Plea~ note : If you hav ( 0 -762 -240 notify the City of Englewood d d . Thank you . 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNT~COLORADO Regular Session November 5, 2007 The regular meeting of the Englewood City Council was called to order by Mayor Pro Tern Woodward at 7:40 p.m . 2 . Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Pro Tern Woodward . 4 . Roll Call Present: Absent: Council Members Tomasso, Moore , Barrentine , Oakley , Mccaslin, Waggoner, Woodward None A quorum was present. Also present : City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ell is Deputy City Clerk Bush Director Long, Library Economic Development Coord inator Holl ingsworth, Community Development D irector Black , Parks and Recreation Director White, Community Development Manager of Recreation Hultberg, Parks and Recreation Recreation Programs & Facility Supervisor Anderson, Parks and Recreation Police Commander Watson , Safety Services Fire Division Chief Pattarozzi, Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 15, 2007 AS AMENDED. Mayor Pro Tern Woodward asked if there was any discussion . An amendment was made by Council Member Tomasso , correcting a word on page 18, second paragraph , it should read "vinyl" not the vital records . Mayor Pro Tern Woodward asked if there were any other modifications . There were none. Vote results : Mot ion ca rri ed . Ayes : Council Members Barrentine , Mccaslin , Moore , Woodward , Waggoner , Tomasso , Oakley Nays : None Englewood City Council November 5, 2007 Page 2 6 . Recognition of Scheduled Public Comment There were no scheduled visitors. 7 . Recognition of Unscheduled Public Comment (a) Frank DeHoff, an Englewood resident, said I have a fence, to fence my yard in, but dogs come on to my property, and gentlemen, they leave some things that are just about completely gross . It is hard to get out there and even clean them up, sometimes . I know we have a law that says you should have a pooper scooper and so on and so forth, but a policeman can't do much unless he sees the evidence . Well , I think we ought to change that a little bit. Let's change it so that if you are walking your dog and you don't have your pooper scooper, you get a ticket. And make the fine so that the people would remember it. .. talk about it with their neighbors, because there is no real reason for that. And, I am just getting to the point where I am quite disgusted with it and the next time I come, I am going to bring samples . So, thank you. Mayor Pro Tern Woodward said thank you . 8 . Communications, Proclamations and Appointments There were no communications , proclamations or appointments submitted for approval. 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (i), (ii), (iii), (iv), (v), (vi), (vii) and 9 (c) (i). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 61 , SERIES OF 2007 (COUNCIL BILL NO . 54 , INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AUTHORIZING THE VACATION OF TWO UTILITY EASEMENTS LOCATED AT SOUTH SANTA FE DRIVE AND U.S . HIGHWAY 285 BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF ENGLEWOOD, COLORADO . (ii) ORDINANCE NO . 62, SERIES OF 2007 (COUNCIL BILL NO . 62, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AUTHORIZING A "PERMIT -CITY DITCH CROSSING AGREEMENT" AND A "TEMPORARY CO NS TRUCTIO N EASE MEN T" FOR A TELECOMMUNICATIONS CABLE ALONG SOUTH SANTA FE LOCATED AT WOLHURST AND C-470 BETWEEN QWEST AND THE CITY OF ENGL EWOOD, COLORADO . (iii) ORDINANCE NO . 63, SERIES OF 2007 (COUNCIL BILL NO . 63 , INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN "I NTERGOVERNMENTAL AGREEMENT FOR THE INTERNET CRIMES AGAINST CHILDREN REGIONAL TASK FORCE" BETWEEN THE CITY OF COLORADO SPRINGS AND MEMBER PARTIES AND THE CITY OF ENGLEWOOD , COLORADO . (iv) ORDINANCE NO . 64 , SERIES OF 2007 (COUNCIL BIL L NO . 64, INTRODUCED BY COU NCIL MEMBER MOORE) Englewood City Council November 5, 2007 Page 3 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT ENTITLED "DENVER INNOCENT IMAGES TASK FORCE (DENVER IITF) MEMORANDUM OF UNDERSTANDING (MOU)" BETWEEN THE FEDERAL BUREAU OF INVESTIGATION (FBI) AND THE CITY OF ENGLEWOOD, COLORADO . (v) ORDINANCE NO . 65, SERIES OF 2007 (COUNCIL BILL NO . 66, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "JOINT DEFENSE AND CONFIDENTIALITY AGREEMENT" BETWEEN THE CITY OF AURORA, COLORADO; THE NORTHERN COLORADO WATER CONSERVANCY AND THE CITY OF ENGLEWOOD, COLORADO , PERTAINING TO A JOINT DEFENSE FOR THE FRIGO/UNITED LITIGATION . (vi) ORDINANCE NO . 66, SERIES OF 2007 (COUNCIL BILL NO . 67 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AUTHORI Z ING THE INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT RTD & CITY OF ENGLEWOOD COST SHARING FOR THE ART" BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO . (vii) ORDINANCE NO . 67 , SERIES OF 2007 (COUNCIL BILL NO . 68, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD , COLORADO 'S REPRESENTATION ON THE ROCKY MOUNTAIN RAIL AUTHORITY. (c) Resolutions and Motions (i) RESOLUTION NO . 95 , SERIES OF 2007 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE ANNUAL "WINTER FOOD F OR FINES" PROGRAM FROM MONDAY, NOVEMBER 26, 2007 THROUGH SUNDAY , DECEMBER 9 , 2007 . Vote results : Motion carried . A yes : Council Members Barren tine, Mccaslin , Moore, Woodward, Waggoner, Tomasso, Oakley Nays : None 10. Pu blic Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Res olut io n and Motion s (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 • Consent Agenda .) Englewood City Council November 5, 2007 Page4 (c) Resolutions and Mot ions (i) Economic Development Coordinator Hollingsworth presented a recommendation from the Community Development Department to approve , by motion , the South Broadway Englewood Business Improvement District Operating Plan and Proposed 2008 Budget. He said pursuant to State Statutes, the South Broadway Englewood Business Improvement District subm itted their Proposed 2008 Budget and Operating Plan to the City Clerk on September 2ih. State Statute requires that the municipality review and approve this document before the State deadl ine of December 51h . This agenda item is a recommendation for Council to approve, by motion , the South Broadway Englewood Business Improvement District's 2008 Budget and Operating Plan . Thank you . Mayor Pro Tern Woodward asked if there were any questions for Darren . Council Member Waggoner said in your budget message on Page 2, under number 2 ... I don't understand the Emergency Fun ... it probably should say Fund not Fun . Darren said yes sir, this document , that is submitted, is put together by the BID ... South Broadway Improvement District. I will make sure that they have this clarified in their records . That is correct, it should not be Fun , it should be Fund ... with ad . Mayor Pro Tern Woodward asked if there was any other discussion . There was none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT OPERATING PLAN AND PROPOSED 2008 BUDGET. Mayor Pro Tern Woodward asked if there was any discuss ion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore, Woodward , Waggoner, Tomasso , Oakley Nays : None (ii) Manager Hultberg presented a recommend ation from the Pa rks and Recreat ion De partment to approve , by motion , a bid for add it ional filtration at Pir ates Cove . Staff recomme nds awarding this bid to CEM Sales and Service , the sole bidder , in the amount of $110 ,3 27 .00 . He said as Counc il may remember, it was in the Spring prior to Pirates Cove opening that at Study Session we discussed the clarity problem that we have been experiencing in the leisure pool. Although the clarity of the pool meets all the State Standards, we weren 't really satisfied with it and we thought by improving that , we could improve safety. So , we have tr ied various things with various improvements ... slight improvements . One was ... our pool consultant recommended ultra violet sanitation and possible additional filtration . We tried the ultra violet sanitation and it is great for sanitation , but the clarity of the pool showed very slight improvement this year. So we would like to go ahead w ith the additional filtration to get it just as clear as we possibly can . Mayor Pro Tern Woodward asked if there were any questions for Gary . There were none. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (c) (ii) -A CONTRACT WITH CEM SALES AND SERVICE FOR ADDITIONAL FILTRATION AT PIRATES COVE IN THE AMOUNT OF $110,327 .00 . Mayo r Pro Tern Woodward sa id fo r disc ussion I would just like to note that CEM Sales and Service is a local vendor, so I th ink that is nice that the money is staying right in the communi ty and we had ap proved $150 ,000 .00 for this and you have come in at $110,327 .00 , so that is great. Mayor Pro Tern Woodward asked if there was any other discussion . There was none . Englewood City Council November 5, 2007 Page 5 Vote results: Ayes : Nays : Motion carried . Council Members Barrentine , Mccaslin , Moore, Woodward , Waggoner, Tomasso , Oakley None (iii) Directo r Whi te presented a recommendation from the Commun ity Development Department to approve a resolution authorizing the transfer of funds to South Suburban Park and Recreation District in the amount of $437 ,500 for the purchase of the Oxbow property . He said this item concerns the Platt e River Oxbow property acquisition . We discussed ii quite extensively in the Study Session upstairs prior to the meeting . But just to reiterate, what is being done by this Resolution is three things . Number One : it delegates the funds authorized for the purchase of the property to South Suburban Park and Recreation District. Number Two : it authorizes the City Manager and Finance and Admin istrative Services Director to transfer $437,500.00 for purchase of the property and Number Three : finds that the Ordinance approving the purchase agreement to be void. To reiterate some background information, the ordinances that were approved concerning this property acquisition contemplated that the City would hold title to the Oxbow property ... the piece that is in the City of Englewood . The approval of that ordinance and the Trust for Public Land conveying the lease agreement to the cu rrent owner was not acceptable or the owner was not able to live up to the environmental requ ireme nt s that were contained in that lease agreement. So, Trust for Public Land looked for another public entity to hold title to the property and that has turned out to be the South Suburban Park and Recreation District. They w ill take title to the property. The City's financial comm itment to this acqu isition does not change by adoption of th is resolut ion . The ordinance that approved the purchase agreement, to wh ich was attached the lease ag reement , becomes vo id by adoption of this resolut ion . And finally , the County Attorney's Office has issued an opin ion that the IGA between the City and Arapahoe County does not need to be amended for South Suburban to take title of this property . Staff is recommending approval of this resolution and I will answer any questions that you may have . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii)· RESOLUTION NO. 96, SERIES OF 2007. RESOLUTION NO . 96 , SERIES OF 2007 A RESOLUTION VOIDING ORDINANCE NO . 4 5 , SE RIES O F 2007 AND TRANSFERRING FUNDS FOR T H E PURCHASE OF THE OXBOW PROPERTY. Ma yo r Pro Tern Woodwar d aske d if there was an y discussion . Council Member Barrentine said yes , I just want to make a comment that I had a lot of concern . This is previous to motions that were passed and Jim has been dealing with this a long time ... for this to come back in such an emergency, so it was a huge concern for me that Englewood had some concerns about the environmental issues and not wanting to take liability. I am grateful that South Suburban was . But also to just make sure that the agreements ... that South Suburban agreed to rezone that, that they would be doing the maintenance on the property, that they have agreed that while we are taking title and we are transferring our funds ov er to them, that they will monitor that property for as long as that lease holder is on there and that, that lease ho lder, if he violates any of the environmental issues on the property, will be taken off of that property. Thank you . Mayor Pro Tern Woodward asked if there was any other discussion . There was none . Vote resu lt s: Ayes : Nays : Motion carried . Council Members Barre n ine, Mccaslin , Moore , Woodward , Waggoner, Tomasso, Oakley None Mayor Pro Tern Woodward sa id thank you Alan . Englewood City Council November 5, 2007 Page 6 Director White said thank you . 12 . General Discussion (a) Mayor Pro Tern's Choice (i) Mayor Pro Tern Woodward said the calendar art reception and awards was held last Thursday evening for the art work that is displayed out here on the second floor, by the kids and students in the Englewood Schools and in neighboring schools for our calendar for 2008 . Leigh Ann and Englewood Arts put on a very nice reception with some awards for all of the kids. There was a pretty good turnout and it was a fun time . (ii) Mayor Pro Tern Woodward said the EHA senior affordable housing building at Pennsylvania and U.S. 285 has broken ground and is underway. They are actually looking at having a formal ground breaking ceremony on the 161 h of this month at 2 o'clock. (iii) Mayor Pro Tern Woodward said on Saturday I attended the Englewood Education Foundation Fall Fling, which was held right here in the Community Room and in Hampden Hall . I think it was a great success for the Foundation and for the kids in Englewood Schools . Thank you . (b) Council Members' Choice (i) Council Member Barrentine : 1. She said I just want to thank the Library Board for the five year Strategic Plan that they worked on presented to Council at the Study Session tonight. They utilized the information that they were given from the Customer Survey and they have come up with some pretty good ideas . 2 . She said I want to also thank South Suburban, not only for working on the Oxbow issues, but also for addressing the problems with potential closures of the trail while they are working on the new Sheridan Mall. I know that they have gotten some questions and I appreciate that they were so prompt in address ing them . (ii) Council Member Moore : 1. He said I will make the following motion to establish the salar ies for the City Manager, the City Attorney and the Municipal Judge . · COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO . 97 , SERIES OF 2007, RESOLUTION NO . 98, SERIES OF 2007 AND RESOLUTION NO. 99, SERIES OF 2007 . RESOLUTION NO . 97 , SERIES OF 2007 A RESOLUTION ESTABLIS HING THE ANNUAL SALARY FOR THE CITY MANAGER OF THE CITY OF ENGLEWOOD , COLORADO. RESOLUTION NO . 98, SERIES OF 2007 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY OF THE CITY OF ENGLEWOOD , COLORADO . RESOLUTION NO . 99, SERIES OF 2007 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE CITY OF ENGLEWOOD , COLORADO . Englewood City Council November 5, 2007 Page 7 Mayor Pro Tern Woodward asked if there was any discussion on these. Council Member Barrentine said I will not be voting for the increases . When you put these in there ... respectively ... based on our population, we are now paying these three people the highest amounts of money, I believe, in the State, per capita ... $162 ,220 .00 for the City Manager, $151,840 .00 for the City Attorney . And while the Municipal Judge is elected and he is the only one in the State elected ... maybe that should be something that the citizens also take care of ... this pay increase . As it stands now , the $117,520 .00 , I can't agree to that because the process that we are using and per capita for these people to be paid the highest in the State is not appropriate . Council Member Moore said I will note too that the increases this year are consistent with the increases we used for the City staff in general. .. outside the unions . I believe those raises were consistent with the rest of the City employees . Mayor Pro Tern Woodward said I would agree with that. And I would also like to mention that the City Manager and the City Attorney both have been with Englewood for some time . I know Gary has over 37 years of experience, has won the Leo C. Riethmayer Award from CU as Top Administrator of the Year in 2002, is working on the National Public Administrators ... the credibility at the National level for City Managers and Public Administrators and Dan is Past President and Secretary and the current Treasurer for the City Attorneys within the State of Colorado . I think we are very fortunate to have two very talented individuals ... including Vince on our staff. I am very pleased to have them here . Council Member Mccaslin said I would like to say , having attended several conferences in the last couple of years, there is the utmost respect among other cities and the recognition of Dan and Gary have throughout our State is impeccable . If you go to these conferences and talk to these people , you would be just so proud of these people . So, I definitely think they deserve as much, if not more , than what we are giving them . Thank you . Council Member Barrentine said I would like to correct one thing. My statement has nothing to do with any lack of respect for these gentlemen or for their work, but we are still only a community of 34 ,000 people and to put them in the same ball park with communities that are 300 ,000 people, which are also full service commun iti es , which also prov ide a lot of serv ic es and have well recognized people as well. .. is in my opinion, inappropriate . We are a small town and that comes with certa in limitations as well. .. financially . I meant no lack of regard for either of you for the job you do , please understand that. Thank you . Mayor Pro Tern Woodward aske d if there was any othe r d isc ussion . There was none. Vote results: Ayes : Nays : Mot ion carried . Council Members Mccaslin, Moore, Woodward, Waggoner, Tomasso, Oakley Council Member Barrentine [Clerk 's note : These three resolutions were listed on the Agenda as items 12 (b) (i), (ii) and (iii).] 2 . He sa id, whether it is a motion or consensus , I would like for Council to make a donation to Englewood Arts on behalf of Olga . That is where her husband has asked for donations to go in her memory. I still believe that Counc il will do something more permanent at a later date , but just to honor Jim Doty's request , I would like for Counc il to make that donation . We've got the funds in the Council budge t...we have adequate funds . I will sug gest a don ation of $250 .00 . COUNCIL MEMBER MOOR E MOVED, AND IT WAS SECONDED, TO GIVE $250.00 TO ENGL EWOOD ARTS IN OLGA'S MEMORY. Mayor Pro Tern Woodward asked if there was a ny discussion . Englewood City Council November 5, 2007 Page 8 Council Member Tomasso said to that $250 .00 , I would add some of the excess money I haven't spent this year towards that and raise that to $300 .00 . Mayor Pro Tern Woodward said okay , any further discussion . Council Member Moore said that is fine ... that is fine by me . Mayor Pro Tern Woodward said we have an amendment to move it to $300 .00. Please vote on that. Vote results: Ayes : Nays: Motion carried . Council Members Barrentine , Mccaslin, Moore, Woodward , Waggoner, Tomasso, Oakley None (iii) Council Member Oakley said in our packet two weeks ago we received beginning planning updates for the 41 h of July. I am glad to see the staff is starting on this immediately and the other cities seem to be willing to participate ... especially the $5,000.00 commitment by Arapahoe County, which is welcome and I hope to see more of this coming along . Mayor Pro Tern Woodward said thank you. (iv) Council Member Tomasso said I also attended the Calendar Art reception for the students that were recognized as finalists for the competition . I think it is an event that more citizens should attend. It is one of the nicest things that I think the City does for the kids in the City. You see those kids get up there, they have their name tags on, they are being recognized and they get to talk about what they have done. It is just a wonderful evening . Le igh Ann got some really great donations from Jerry's Artarama for kids. Frame De Art matted the p ie ces out in the hallway and ABC Framing framed the winners . So, I think , it was a general over all coming together of the arts community, that is part of our business community and how they respect what the kids are doing and how it betters how people look at our community. I think the calendars are a really outstanding presentation of what this City is all about. Thank you . (v) Council Member Waggoner said I will probably set a record for the shortest time on Council. I would jus t like to say I apprec iate the opportunity . Thank you . Mayor Pro Tern Woodward said we are glad to have you here. Council Member Moore said if I may note. It is kind of nice to stop and acknowledge that this is Kell's first opportunity to sit in this Chamber as a Council Member. He has been here for P and Z before . He served a very vital service in that he served on the Council that had the vision that brought the City Center. I guess he is the most Senior member at the moment ... with 8 years and one day. (There was laughter). But having the opportunity to sit in the Council Chambers that you were very instrumental in creating, I am glad, all things considered , to have that opportunity. You got to sit here and see it from this side . Thank you . Council Member Barrentine said while the circumstances surrounding it were not pleasant for anyone, I really appreciate that you took the time to bring your experience forward and to sit in and fill that vacancy for this period of time ... no matter how short it is . It was in compl iance with our Charter , it was necessary and we were lucky that somebody with your experience ... 8 years and one day ... would come and fill that pos ition . Thank you very much for you r time. Council Member Waggoner sa id thank you . 13 . City Manager's Report C ity Manager Sears d id not have an y matt ers to b ring b efo re Council. Englewood City Council November 5, 2007 Page 9 14. City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15. Adjournment EM WOODWARD MOVED TO ADJOURN . The meeting adjourned at 8 :09 p.m . !/~ ,;L--l.£_.14{<=_:_~ _ ___::...._ ___ _ . City Council Meeting ~,.,,,JJJI November 19, 2007 ~ Agenda Item 5 b (iii) '~ Based on the Official Election Results, the newly elected council members are: Council Member DISTRICT 1 Joe Jefferson Council Member DISTRICT 3 Randy Penn Council Members AT-LARGE Bob Mccaslin Jill Wilson ELECTION/el2007 election results for cc mtg Monday, Novemberl 9th, 2007 It has been my pleasure to have known Laurett Barrentine for many years. We first met when she was beginning to get involved in Englewood community issues. Later, Laurett decided to run for city council. We have spoken often over the years about issues that she has been concerned with. Laurett has always had a genuine concern for her community. I have admired her willingness to speak up on issues when it would have been far easier to sit back. While the recent election did not tum out the way Laurett had hoped, I trust that she will continue to focus her energy and enthusiasm on matters that benefit her community. Please join me in honoring Laurett' s commitment and sacrifice on behalf of the people of Englewood. Regrets that I could not be in attendance today. Other duties have called me away for a time. Sincerely, Steve Ward Colorado State Senator District 26 .. PLEASE PRINT NAME PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS DATE: November 19, 2007 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ADDRESS TOPIC MEMORAN D U M TO: Mayor Pro Tern Woodward and Members of City Council FROM: Jo~mith, Chair of Board of Adjustment and Appeals DATE: Novembe r 5, 2007 SUBJECT : Resignation of Gwendolyn Shotwell On October 16, 2007, Gwendolyn Shotwell verbally notified Nancy Fenton, the recording secretary for the Board, that she was resigning from the Board of Adjustment and Appeals. In spite of several requests, as of today's date Ms. Fenton has not received a written resignation from Ms. Shotwell. I would request that Council accept Ms. Shotwell's verbal resignation and d eclare her position vacant. I would further request that this vacancy be filled by City Council at its earliest convenience. Thank you for your consideration . cc: Nancy Reid Brook Bell lr,1cio 8110 PH (. COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 19, 2007 11 a i Redemption and Sale of Property acquired through the Housing Rehabilitation Fund Initiated By: Staff Source: Community Development Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed Ordinance No. 23, Series 1999, accepting assignment from the Englewood Housing Authority of all rights, assets and liabilities associated with the Housing Rehabilitation Loan Program and also passed Ordinance No. 26, Series, 1999, amending Title 4, Chapter 3, by the addition of a new Section 13 entitled "Housing Rehabilitation Fund ". In 2005 and 2006, Council passed fiv e ordinances approv ing redemption and sale of fiv e other properties acquired through the foreclosure proc ess . RECOMMENDED ACTION Staff rec ommends Council approve a Bill fo r an Ordin ance fo r the redemption and subsequent sale of 23 9 7 West Harv ard Ave nue (a single famil y ho m e) ac qu ired through the for eclosur e process as defined by Colorado State Statut es. BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED The H o using Rehab ilitatio n Pr ogram was created in 1976 by the Ci ty of Englewood to pr eserve th e exis tin g ho usi ng st ock in En glewood, and to also address t h e p ro bl em s th at ho m eowners experience wit h the financing of major household improvements. The City Atto rn ey re qu ire d t hat the new Housing Rehab Program not be administered directly by the City to avoid any conflicts with a State Statute that prohibited an y municipal go vernment from making loans to its citizens. It was decided to use the Englewood Housing Authority (EHA ) as the conduit to manage and operate the Program. The legal authority to operate and manage the Rehab Program was assigned to the City in 1999 through an agreement with the EHA . It was determined at that time that the Program and city staff should be under the direct management of the Community Development Director. In order to a oid any conflict with Colorado State Statutes, an enterprise fund was created under TABOR regulations known as the Housing Rehabilitation Fund (Fund). The Rehab Program retained its own funding sources designated as Fund 4 5 and Fund 46 that are used to support the operations of the Pr o gram . One of the functions of the Fund is to redeem properties that have gone through the foreclosure process. The Housing Rehabilitation Loan Program approves home improvement loans that are secured by deeds of trust, generally as second or third mortgages Uunior liens). The procedures of the Program require staff to have all foreclosures reviewed by the Rehab Loan Committee (RLC) after the property has been sold at a public sale. The RLC consists of 3 members, currently: 1 ) Barbara Singer, US Bank; 2) Christine Hart, Accountant, City of Englewood Accounting Department; and 3) a low-income homeowner and Englewood resident (position currently vacant). The foreclosure process is the primary tool for lenders to use to insure repayment of their loans . When a homeowner defaults, the lien holder is able to initiate the foreclosure process to collect the monies that are owed to them . This process is started by filing the required legal documents with the Public Trustee's Office. This filing triggers a whole sequence of events that is dictated by State Statutes. The Public Trustee will set a Public Sale date for the property and publish this information in a newspaper of general circulation for a minimum of four weeks. Each recorded lien holder receives a copy of that advertisement as well as a Public Trustee's Notice of Rights to Cure or Redeem . Each junior lien holder must file a Notice of Intention to Redeem within 60 days of the Public Sale date if they are interested in redeeming the property to collect their own indebtedness. If the Intention to Redeem is not filed, then the lien holder loses their rights under the deed of trust provisions and the property is no longer collateral for their loan. The homeowner can cure the default any time from the initial notification through the 7 5-day period following the Public Sale. This time frame represents approximately a four-month time period. If the homeowner redeems the property, then the foreclosure process is ended and there is nothing the junior lien holder is required to do. Alf liens remain in full effect. If the homeowner does not redeem within the 75-day time period, the first junior lien holder has 10 days from that date to act on their Intention to Redeem and to pay the Public Trustee 's Office the total redemption amount in certified funds. Each subsequent junior lien holder then has 5 days in which to redeem. This means that a junior lien holder will not know if they need to act on their Intention to Redeem until the homeowner's redemption period has expired and then only when notified by the Public Trustee as to the amount necessary to redeem the property. Give n the very short time frame of the junior lien holder redemption period, properties redeemed through the Housing Rehab Program are always brought to the Council after the fact for ordinance approval. Se ction 72 of the Home Rule Charter requires that real property ma y be sold, but onl y by ordinance, not using the emergency provis ion. Each property is brought before Council as early in the process as possible so that marketing efforts ca n begin. This process will expe dite the subseque nt sale and closing of the property. The initial foreclosure notification for 2397 West Harvard A enue was recei ed in June .2007 . The Public Sale was set for August 8, .2007 . The property, as sold back to the first mortgagee who had initiated the foreclosure . The RLC was consulted at their September .2007 meeting and th ey recommended filing the Intention to Redeem notice with the Public Trustee 's Office. That notice was filed lat er in September. The homeowner's final redemption date was October 22, 2007. As th e only junior lien holder to file an Intent t o Redeem , th e City of Englewood was notified on to ber 23 , 2 07 b th e Publi c Trustee 's Office of th ee act amount needed to redeem the prop rty no lat r th an November 1, 2007. A, ire tran fer rom Hou ing Rehabilitation Fund 46 "a s nt n t ob r 3 1, 2007 t o th e P bli Trust 's Offi . A lett r r que ting that a Public Tru t ' dee d b i u ed in th nam o f th City of En I ,,o d-H o u in R habilitati n Fund wa hand d Ii, r d n N , m er 2. A Pu Ii Tru t ' D d \\ a I tr ni II 11 d and \\ a r o rded tion #6 714202 . The property will be listed for sale as soon as a staff inspection has been completed and any necessary repairs have been made. The property will be sold to a private owner-occupied party who has secured their own permanent financing. The proceeds from the sale of the property will be returned to Housi ng Rehabil itation Fund 46 . If an offer to purchase the property is received from any City of Englewood employee, their family members, or any business in wh ich a C:ty employee has a financial interest, then staff will submit the offer to City Council for approval. FINANCIAL IMPACT Fund 46 will cover all costs of the redemption and the subsequent sale of 2 397 West Harvard Avenue. There are no other financial impacts to the City. LIST OF ATTACHMENTS Notice of Intention to Redeem and Affidavit of Amount Owed Public Trustee's Deed in name of City of Englewood-Housing Rehabilitation Fund Bill for an Ordinance ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 71 INTRODU~DBYCOUNCIL MEMBER ..--~~--- ABILLFOR AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF PROPERTY ACQUIRED TIIR.OUGH THE HOUSING REHABILITATION FUND LOCATED AT 2397 WEST HARV ARD A VENUE IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , the City Council of the City of Englewood accepted assignment from the Englewood Housing Authority of all rights , assets and liabilities associated with the Housing Rehabilitation Loan Program by the passage of Ordinance No. 23, Series 1999 ; and WHEREAS, Englewood City Council authorized amending Title, 4, Chapter 3, with the addition of a new Section 13 entitled "Housing Rehabilitation Fund" by the passage of Ordinance No .26 ,Series 1999;and WHEREAS , the Englewood Housing Rehabil itation Program was created in 1976 to preserve the existing housing stock in Englewood and to address the problems of low-income families with the financ ing of major household repairs ; and WHEREAS , the Rehab Program approves home improvement loans that are secured by deeds of trust recorded on the property representing generally second or third mortgages ; and WHEREAS , occasionally homeowners default on their loans and the lien holder initiates the foreclosure process b y filing the required documents with the Public Trustee 's Office; and WHEREAS , the property located at 2 397 West Harvard Avenue was acquired by the C ity of Englewood through the foreclo sure process ; and WHEREAS , this property w ent to public sal e on August 8, 2007 , and the property was sold back to the fir st m ort gagee who initiated the fo reclosure ; and WHEREAS , the Englewood Rehab Loan Committee was consulted at their September, 2007 meeting and they recommended filing the Intention to Redeem Notice with the public Trustee 's Office; and WHEREAS , the homeowner failed to redeem the property, within their 75-day redemption period; and WHEREAS , the City (the second mortgagee) was notified on October 23, 2007 of the amount needed to redeem the property no later than November I , 2007 ; and WHEREAS , the City redeemed the property on October 31 , 2007 and requested that the deed be issued to the City of Englewood Housing Rehabilitation Fund; and - WHEREAS, the redeemed property located at 2397 West Harvard Avenue will be sold to a private owner-occupied party who has secured his own financing and the City funds used to purchase the property will be returned to the Housing Rehabilitation Fund when this property is sold and the new owner's loan is closed; and WHEREAS, if an offer to purchase is received from any City employee, their family members, or any business in which a City employee has a financial interest, the offer will be submitted to the Englewood City Council for approval; 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 hereby authorizes the redemption and subsequent sale of a Housing Rehabilitation Property acquired through the foreclosure process located at 2397 West Harvard Avenue. Section 2. The Mayor and the City Clerk are authorized to execute the proper form of deed for the conveyance of the property located at 2397 West Harvard Avenue, Englewood, Colorado pursuant to Section 71 of the Englewood City Charter. Introduced, read in full, and passed on first reading on the 19th day of November, 2007. Published as a Bill for an Ordinance on the 23rd day of November, 2007. , Mayor ATIEST: 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of November, 2007. Loucrishia A. Ellis COUNCIL COMMUNICATION Date: Agend a Item: Subject: November 19, 2007 11 a ii Intergovernmental Agreements between the City and Arapahoe County Initiated By: Staff Source: Community Dev elopment Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed Ordinance No. 39, Series of 1994, that was extended by Amendment No. 3 dated June 26, 2003 relating to participation in the Urban County Entitlement Program for CDBG and HOME funds for 2004 through 2006 ; and, passage of Resolution No. 78 , Series of 2005 supporting Housing and Community Development that authorized submitting applications for 2006 CDBG funding. Council passed Ordinance 11 , Series 2006 , approving and authorizing an IGA with Arapahoe County for the Housing Rehabilitation Project. RECOMMENDED ACTION Approve a Bill for an Ordinance authorizing the execution of two Intergovernmental Subgrantee Agreements between the Arapahoe Board of County Commissioners and the City of Engle w ood for the reallocation of funds from the 2006 Arapahoe County Community Development Blo c k Grant Program . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Fe deral Comm u nity Deve lopment Block Grant (C DB G) Program provi des grants t o un its of local government and urban counties to meet housing and community development needs. The objective of the Program is achieved through projects developed by the local government that are designed to give priority to those activities that benefit low-and moderate-income families . Funds are allocated by statutory formula to each entitlement area. Arapahoe County is an approved entitlement area. The grant funds are distributed by Arapahoe County to each participating city within the county. In 2006 , the City of Englewood received from Arapahoe County a CDBG grant of $75 ,000 for the Housing Rehabilitation Project. The Subgrantee Agreement requires all program income to be spent first before any additional CDBG funds can be requested from the County. For the program y ear, the Housing Rehabilitation Project received an abnormally high amount of program income due to loan pa yoffs . Staff requested extensions of time from Arapahoe County to spend the funds b e o nd th e Ma 3 1, 2007 deadline. Staff realized that the Housing Rehabilitation Project would not be able to spend the funding by the extended deadline of November 30, 2007. Staff then requested the reallocation of the $75,000 to two new infrastructure projects: 1. The Paseo Project {Phase 1) -$50,000: The Paseo Project proposes to transform a 6,000 square foot existing walkway owned by the City into a lighted, safe and active public plaza. This public plaza is located between two buildings in Downtown Englewood on the west side of the 3400 block of South Broadway. Phase 1 will remove existing concrete, rock and overgrown landscaping; install conduits for underground utilities, and replace the walkway for the plaza. A 2008 CDBG application will cover Phase 2 that will install new lighting, seating, irrigated plant beds and landscaping. 2. The Northwest Englewood Sidewalk Project -$25,000: The sidewalk project will install or replace approximately 380 feet of sidewalk in a residential neighborhood located on South Zuni Street near West Wesley Avenue, just north of the Colorado's Finest Alternative High School. No sidewalk currently exists along the South Zuni Street portion, and it is a safety issue for pedestrians and students. The adjoining sidewalk along West Wesley Avenue is damaged and needs upgrading to be in compliance with ADA requirements. On October 23, 2007, the Arapahoe County Commissioners unanimously approved the request to reallocate the 2006 CDBG funds of $75,000 to the Paseo Project {Phase 1) and the Northwest Englewood Sidewalk Project. FINANCIAL IMPACT The existing employees in Community Development are available to administer the projects and their salaries and benefits are part of the City's contribution. For the Paseo Project, other committed funds are $20,600 from professional services in the Community Development budget, Community Development staff time for administration, and an already completed survey. For the sidewalk project, other committed funds consist of Community Development staff time for project administration. LIST OF ATTACHMENTS Bill for an Ordinance. ORDINANCE NO . SERIES OF 2007 BY A TII RITY COUNCIL BILL NO . 72 INTR DU CE D BY COUNCIL M MB E R ~~~~~ A BILL FOR AN ORDINANCE APPROVfN G AND A TII RI ZING THE EXECUTION OF TWO INTERGOVERNMENTAL SUBORANTEE AGREEMENTS FOR THE REALLOCATION OF FUNDS FROM TIIE 2006 ARAPAIIOE OUNTY COMMUNITY DEVELOPMENT BLOCK GRANTPROGRAM(CDBO)BETWEENTHEARAPAHOEBOARDOFCOUNTY COMMISSIONERS AND Tl IE ITV F [N LEW 0 , CO LORADO . WHEREAS, the City Co uncil o f th e lty of Englewood approved the execution of an Intergovernmental Agreement between the ity o f ·nglewood and Arapahoe County by passage of Ordinance No . 39, Serie f 199 4, overing the ity's participation in the Arapahoe County CDBG Entitlement Program a extended by Amendment No. 3, for funding years 2004 through 2006;and WHEREAS, the Englew o d C'i ty ou ncil pa ssed Resolution 78, Series of 2005 , supporting Housing and Community De,cl pmcnt that authorized submitting an application for 2006 CDBG funding ; and WHEREAS , the ·nglewood 'ity un cil approved the execution of three intergovernmental Subgrantee Agreements (CDB ) wit h Arapahoe Co unty , one of which was for the Housing Rehabilitation Project for th e yea r 2006 by the passage of Ordinance No. 11 , Series 2006; and WH EREAS, in 2006 Eniit lcwood received from Arapahoe County a CDBG grant of $75,000 for the Hou in g Reh ahilitati n Pr ~ec t; and WH EREAS, th uhgr11ntec Agreement requires all program income to be spent first before any additi onal DB , fund ·u n be requested from the County ; and WH R · A , the 'i t r ·quc. tcd ex tensions of time from Arapahoe County to spe nd the funds beyond the Mn y 3 1, :?007 dca !line ; and WH R · A • in ·tobcr 2007 the Arapahoe County Commissioners approved the request to reatlo ate the _006 08 fund of $75,000 to the Paseo Project (Phase 1) and the Northwest Englew d idewalk Projc t; and WH R · A • the p,,s ·age of th.i rdinance authorizes and approves the execution of two lntergo emmcntal ubgrantee Agreements for the reallocation of funds from the 2006 Arapahoe ounty mmunity De el pment Block Grant Program (CDBG) between the Arapahoe Board of ount ommi ioner. and the ity of Englewood , Colorado. W , T lll~REF R ·, B IT RDAINED BY THE CITY COUN CIL OF THE CITY OF W D, L RAD , THAT : Section l . The Subgrantee Agreement For Arapahoe County Community Development Block Grant Funds -Project Name: Paseo Project, Phase I for the reallocation of funds from the 2006 Arapahoe County Community Development Block Grant Program (CDBG), attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Subgrantee Agreement For Arapahoe County Community Development Block Grant Funds -Project Name: Zuni and Wesley Street Sidewalk Improvements for the reallocation of funds from the 2006 Arapahoe County Community Development Block Grant (CDBG), attached hereto as Exhibit B, is hereby accepted and approved by the Englewood City Council. Section 3. The Mayor and City Clerk are hereby authorized to sign and attest said Agreements for and on behalf of the City of Englewood, Colorado. Section 4. The City Manager shall be authorized to further extend and/or amend the subgrantee agreements for the 2006 Arapahoe County Community Development Block Grant Program as needed. Introduced, read in full, and passed on first reading on the 19th day of November, 2007. Published as a Bill for an Ordinance on the 23rd day of November, 2007. , 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 a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 19th day of November, 2007 . Louc r ishia A. Ellis SUBGRANTEE AGREEMENT FOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: PASEO PROJECT, PHASE I PROJECT NUMBER: ENPF 630 This Agreement is made by and between the Board of County Commissioners of the County of }{ilpahoe, State of Colorado, for the Community Development Block Grant Program in the Community ]/Sources Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referre<i lo as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as mended, and of the Community Development Block Grant (CDBG) Program under this Title is the devel q,ment of viable urban communities, by providing decent housing, a suitable living environment and et panding economic opportunities, principally for low and moderate income persons. The project by the SubGrantee known as the Paseo Project, Phase I (Project) has been categonz ed as a Public Facility project and the SubGrantee w ill maintain documentation with the national objecti,~ of Area Benefit activities. The SubGrantee may proceed to incur costs for the Project upon receipt of an offici al "Notice t oProce e d" from the County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE The foll owin g prov isions outlin e the scope of the work to be completed : The SubGrantee wi ll utili ze C DBG fundin g to complet e Phase I o f th e reconstruction of a 6,000 sq u ar e fo ot walkway owned by th e City of Engl ewood into a lighted, active p ubl ic plaza, known as the P aseo P roj ect. The walkway is located between two historic buildings in downtown Englewood in the 3400 block of South Broadway. Phase I of the project will remove concrete, rock and overgrown landscaping, and install conduits for underground utilities and replace concrete for the plaza. A. Pa yment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $50,000 .00 . Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budget and in accordance with performance criteria established in Section 11-C. The parties expressly recognize that the SubGrantee is to be paid with CDBG funds received from the federal government, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such fund . 1 i ~ H I a I T A In the event that said funds, or any part thereof, are, or become, unavailable, then the County may immediately terminate or amend this agreement. To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available. Any Project funds not expended and drawn from the County by the deadline identified in Section II. C . 3. below shall revert to the County and be utilized for other purposes. B. Timeline All Project activities will be completed by May 31, 2008 unless this Agreement is modified by mutual agreement of the County and SubGrantee. C. Performance Criteria In accordance with the funding application submitted by the SubGrantee for the Project, the criteria listed below are to be met during the execution of the Project. 1. Quantifiable Goals: The SubGrantee will utilize CDBG funding to complete Phase I of the reconstruction of a 6,000 square foot walkway owned by the City of Englewood into a lighted, active public plaza, known as the Paseo Project. The walkway is located betW"-'Cn two hist oric buildings in downtown Englewood in the 3400 block of South Broadway. Pha se I of the project will remove concrete, rock and overgrown landscaping, and install conduit for underground utilities and replace concrete for the plaza. All construction i to be performed in accordance with applicable industry and local codes and standards, as well as the Americans with Disabilities Act. 2. Community Impact: Accessibility-increase public area access, increase pedestrian acce s Recreation -community usage, visual attractiveness 3 . Quarterly Performance Standards: December 31, 2007: Prepare survey Contract with design consultant Preliminary design Final design and construction documents March 31, 2008: Advertise and bid project Open bids and award contract 2 Begin site preparation and demolition May 31. 2008: Complete site preparation and demolition Grading, place conduits, compaction, and formwork Concrete flatwork, final punch list Submit final drawdown and completion report to County D. Reporting Requirements 1. Project reports will be due within one month following the end of each calendar year quarter (March 31, June 30, September 30, December 31) until the Project is completed. 2. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the COBO Projects described herein are detailed are due annually. E. Labor Standards (Davis-Bacon) It is determined that: This project includes activities requiring compliance with federal labor standards. SubGrantee is to contact Arapahoe County Housing and Community Development Services Division staff for information regarding federal labor standards compliance prior to bidding the Project. SubGrantee shall comply with all applicable federal labor standards. F. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by Arapahoe County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review. G. Uniform Relocation Act (URA) Project activities require compliance with the Uniform Relocation Act. It has been determined that no action is necessary. III. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance 3 The SubGrantee shall comply with all applicable federal laws , regulations and requirements, and all provisions of the grant agreements recei ved from the U .S. Department of Housing and Urban Development (HUD) by the County. These include but are not limited to compliance with the provisions of the Housing and Community Development Act of 1974 and all rules, regulations , guidelines and circulars promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG Program . A listing of some of the applicable laws and regulations are as follows: 1. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85; 3 . Title VI of the Civil Rights Act of 1964 ; 4. Title VIII of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974 ; 6 . Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; 10 . Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 11 . Section 3 of the Housing and Urban Development Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246 ; 13 . Lead Based paint regulations established in 24 CFR Parts 35 and 570.608 ; 14 . Audit requirements established in 0MB Circular A-133 ; and 15. Cost principles established in 0MB Circulars A-87 and A-122 . Additionally, in accordance with 24 CFR Part 570, no employee, official , agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise . The SubGrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs . B. Non-Appropriations Clause The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG monies for funding , a non -appropriation clause that will protect itself and the County from any li ability or responsibility or any suit which might result from the discontinuance of C DB G fundi ng for any reason . B ecause this Sub Grantee Agreement involves funds from a fe deral grant, to the extent there is a co nflic t the fundi n g pro v isions of this Sub Grantee Agreem ent, th e fe deral grant and the fe deral statutes co ntrol rather than the provisions of Section 24-91 -103.6, C.R .S . wi th regard to any public work projects. C. Expenditure Res triction s 4 All CDBG funds that are appro ved by HUD for expenditure under the County's grant agreement, including those that are identified for the SubGrantee's Projects and activities , shall be allocated to the specific projects and activities described and listed in the grant agreements . The allocated funds shall be used and expended only for the projects and activities for which the funds are identified . D. Agreement Changes No projects or activities , nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD , if required . Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantee's staff, agency and employees . The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees. Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole respons ibility of the SubGrantee. 1. The SubGrantee agrees that all funds allocated to it for approved projects or acti vities shall be used solely for the purposes approved by the County. Said funds shall not be used for an y non-appro ved purposes . 2 . The SubGrantee agrees that the funds allocated for an y appro ve d project s or acti vities shall be sufficient to complete said projects or acti vities without any additional CDBG fund ing. F. Ind emni ty To the extent allowed by law, the SubGranlt:e shall indemnify and hold harmlt:ss lhe County and its elected and appointed officials, officers, employees and agents from and against any and all losses, damages, liabilities, claims, suits, actions or costs, including attorneys fees, made, asserted or incurred as a resul t of any damage or all eged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees, age nts, contractors or subcontractors, arising out of or in any way connected with the Project or the perfonnance of this contract. G. Bondin g and In suranc e 5 If the SubGrantee's projects involve construction activities , any Contractor it uses for said activities shall be required to provide and maintain , until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimum amounts of insurance as follo ws: I. Comprehensive General Liability: In the amount of not less than $1 ,000 ,000 combined single limit. Coverage to include: a. Premises Operations b . Products/Completed Operations c. Broad :form Contractual Liability d . Independent Contractors e . Broad Form Property Damage f. Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured i. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $1 ,000 ,000 combined single limit for bodily injury and property damage. Coverage to include: a . Arapahoe County and the SubGrantee as additional Named Insured · b. Waiver of Subrogation 3 . Employers Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: a. Underwriters shall have no rights of recovery subrogation again st Arapahoe County or the SubGrantee ; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary co verage for any and all losses co vered b y the described insurance. b . The clause entitl ed "O ther In surance Prov isions " contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee. c. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiums du e or fo r any assessments under any fo rm of any policy. d. Any and all ded uctibl es co ntaine d in any insurance policy shall be assumed by and at the so le risk of the Contractor. 5. Certificate of Insurance: The Contractor shall n ot commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has 6 complied with the foregoing insurance requirements . The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County. In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold: 1. A bid guarantee from each bidder equivalent to 5% of the bid price; 2. A performance bond on the part of the contractor for 100% of the contract price; and 3. A payment bond on the part of the contractor for 100% of the contract price. H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantee shall provide full access to these books and records to the County, the Secretary of HUD or his designee, the Office of Inspector General, and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed. The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD. This shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion . J. Timeliness The SubGrantee shall comply with the quarterly performance standards established in Section II-C of this Agreement. The SubGrantee understands that failure to comply with the established standards may lead to a cancellation of the Project and a loss of all unexpended funds. K. Reimbursement for Expenses The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to the Co unty's Hou si ng and Community De velo pment Services Division 7 documentation in the form required by that Division which properly and fully identifies the amount which the SubGrantee is requesting at that time. The County shall have ten (I 0) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible. L. Program Income All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be dispersed for its approved CDBG Project activities before additional CDBG funds are requested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all program income directly generated from the use of CDBG funds will be remitted to the County. M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and II of this Agreement. Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantee shall adhere to the requirements of 24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State statutes and County ordinances, resolutions, rules , and regulations . 0. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreem ent shall apply to any subcontract. P. Suspension or Termination T hi s Agreement may be suspend ed or term inated by th e County if th e SubG ra nt ee materi all y fa il s to comply with any tenn of thi s Agreement. T hi s Agreement m ay also b e tenninated for 1,;unvcnie;:111.:e by mutual a1::,rreement of the;: County and the S ubGran tee. Q. In th e eve nt th at the Unit of General Loca l Government sho uld w ithdraw from the Co unty's "Urban Co unty" designati on, this A greem ent sh all termin ate as o f th e tem1 inati on d ate of th e aunty's C DB G gra nt Agreement with HUD . R. The SubGran tee cert ifies that to th e best of its know ledge and bel ief: I . No Federal appropriated fund s have been pai d or wi ll be paid, by or on beha l f of it, to any person ti r influencing or attemp ting to in fluence an officer or emplo yee of 8 any agency, a Member of Congress, an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan , or cooperative agreement; and, 2 . If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. S. Disallowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement , then the SubGrantee shall reimburse the County to the full extent of the disallowance . IV. RESPONSIBILITIES OF THE COUNTY A . Administrative Control Th e 1 aities recognize and understand that the County will be the go vernmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds . Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements . B. Performance and Compliance Monitoring Th e County's administrati ve obligations to the SubGrantee pursuant to p ara graph A above shall be limited to the performance of the administrative tasks necessary to make CDBG funds availabl e to the SubGrantee and to provide Housing and Community Development Services staff whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations. C. R eporting to HUD The County will be responsible for seeing that all necessary reports and information required of the County are filed with HUD and other applicable Federal agencies in a timely fashion . V. EXTENT OF T HE AGREEMENT 9 This agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County and SubGrantee and supercedes all prior negotiations, representations or agreements, either written or oral. Any amendments to this agreement must be in writing and signed by both the County and SubGrantee. If any portion of this agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect. In Witness Whereof, the Parties have caused this Agreement to be duly executed this ______ day of , 2007. --------------- SubGrantee: City of Englewood Signature Title Board of County Commissioners Arapahoe County, Colorado Don Klemme on behalf of the Board of County Commissioners Pursuant to Resolution #070118 10 PROJECT BUDGET Paseo Project , Phase 1 COLUMN A COLUMNB COLUMNC COLUMND l'rojl'Ct Activities Estimated Total Cost of CDIIG funds Other Funds C onuuillcd (s1)l'(:ify by line item) Acth·ity lrnpro ve melll land survey S I ,100 $0 $1,100 An.:hit cc tural de sign fees $17.000 $0 $17.000 Proj ec t mana ge ment S2.500 $0 $2.500 De mo ex istin g improvc mcnl s, $50.000 SS0 .000 so gra din g and utilit y s leeving, and concrete paving TOTAL: $70.600 SS0.000 S20 .600 SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: ZUNI AND WESLEY STREET SIDEWALK IMPROVEMENT! PROJECT NUMBER: ENPF 629 This Agreement is made by and between the Board of County Commissioners of the County of Arapaho e, State of Colorado, for the Community Development Block Grant Program in the Community Fcsources Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referredlo as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as mended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons. The project by the SubGrantee known as the Zuni and Wesley Street Sidewalk Improvements Project (Project) has been categorized as a Public Facility project and tl1e SubGrantee will maintain documentation with the national objective of Area Benefit activities . The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed" from the County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provisions outline the scope of the work to be completed: The SubGrantee will utilize CDBG funding to install/replace approximately 380 feet (approximately 2,500 square feet) of curb, gutter, and sidewalk in a resi d ential neighborhood located on South Zuni Street and West Wesley Avenue, north of the Alternative High School. New sidewalk will be installed for the South Zuni Street section between Wesley to Baker Streets . Sidewalk along West Wesley Avenue is damaged and will be upgraded to be in compliance with ADA requirements. A. Pa yment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $25,000.00 . Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budget and in accordance with pcrfonnance criteria established in Section II-C. The parties expressly recognize that the SubGrantee is to be paid with CDBG funds received from the federal government, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds . 1 I X H I II I T 8 In the event that said funds, or any part thereof, are , or become, unavailable, then the County may immediately terminate or amend this agreement. To the extent C.R.S. § 29 -1-110 is applicable, any financial obligation of the County to the SubGrantee beyond the current fis cal year is also contingent upon adequate funds being appropriated , budgeted and otherwise available. Any Project funds not expended and drawn from the County by the deadline identified in Section II . C. 3. below shall revert to the County and be utilized for other purposes. B. Timeline All Project activities will be completed by May 31, 2008 unless this Agreement is modified by mutual agreement of the County and SubGrantee. C. Performance Criteria In accordance with the funding application submitted by the SubGrantee for the Project, the criteria listed below are to be met during the execution of the Project. 1. Quantifiable Goals: The SubGrantee will utilize CDBG funding to install/replace approximately 380 feet (approximately 2,500 square feet) of curb , gutter, and sidewalk in a residential neighborhood located on South Zuni Street and West Wesley Avenue , north of the Alternative High School. New sidewalk will be installed for the South Zuni Street section between Wesley to Baker Streets. Sidewalk along West Wesley Avenue is damaged and will be upgraded to be in compliance with ADA requirements. All construction is to be performed in accordance with applicable industry and local codes and standards , as well as the Americans with Disabilities Act. 2. Community Impact: Acc ess ibil ity -in cr ease public area access, increase pedes trian access 3. Quarte rl y Performance Stan dards: December 3 t. 2007: Prepare bid package Ma rch 3 1. 2008: Select co ntractor Begin construction and testing (depending upon weather) May 31, 2008: Complete construction and testing Submit final drawdown and completion report to County 2 D. Reporting Requirements 1. Project reports will be due within one month following the end of each calendar year quarter (March 31, June 30, September 30, December 31) until the Project is completed. 2. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the CDBG Projects described herein are detailed are due annually. E. Labor Standards (Davis-Bacon) It is determined that: This project includes activities requiring compliance with federal labor standards. SubGrantee is to contact Arapahoe County Housing and Community Development Services Division staff for information regarding federal labor standards compliance prior to bidding the Project. SubGrantee shall comply with all applicable federal labor standards. F. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Af,'Teement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by Arapahoe County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review. G. Uniform Relocation Act (URA) Project activities require compliance with the Unifonn Relocation Act. It has been determined that no action is necessary. Ill. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all provisions of the grant agreements received from the U.S. Department of Housing and Urban Development (HUD) by the County. These include but are not limited to compliance with the provisions of the Housing and Community Development Act of 1974 and all rules, regulations, !,'llidelines and circulars promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG Pro!,rram. A listing of some of the applicable laws and regulations are as follows : 1. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4. Title VIII of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8 . Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; 10. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570 .904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13. Lead Based paint regulations established in 24 CFR Parts 35 and 570.608; 14. Audit requirements established in 0MB Circular A-133; and 15. Cost principles established in 0MB Circulars A-87 and A-122. Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The SubOrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs. B. Non-Appropriations Clause The SubOrantee agrees that it will include in every contract it enters, which relies upon COBO monies for funding, a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result from the discontinuance of COBO funding for any reason. Because this SubOrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubOrantee Agreement, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103.6, C.R.S. with regard to any public work projects. C. Expenditure Restrictions All COBO funds that are approved by HUD for expenditure under the County's grant agreement, including those that are identified for the SubOrantee's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified. D. Agreement Changes 4 No projects or activities , nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD , if required . Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantee's staff, agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees . Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities . The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee. 1. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes . 2. The SubGrantee agrees that the funds allocated for any approved projects or acti vities shall be sufficient to complete said projects or activities without any additional CDBG funding. F. Indemnity To the extent allowed by law , the SubGrantee shall indemnify and hold harmless the County and its elected and appointed officials, officers , employees and agents from and against any and all losses , damages , liabilities, claims, suits, actions or costs , including attorneys fees , made, asserted or incurred as a result of any damage or alleged damage to person or property occasioned b y th e acts or omissions of SubGrantee, its officers, empl oyees, age nts, contractors or sub contractors, arisin g out of or in any way connected wi th the Project or the performance of this contract. G. Bonding and In suran ce If the SubGrantee's projects involve construction activities , any Contractor it uses for said activities shall be r equ ired to provi de an d m ai ntain, until final acceptance by the Sub Grantee of all work by such Co ntractor, the kinds and m ini mum amounts of insurance as follows : 1. Compreh ensive Genera l Liability: 1n the amount of not le s than $1 ,000,000 combined si ngle limit. Coverage to include : a . Premi cs Operations b . Product /Completed Operati n 5 c. Broad Fonn Contractual Liability d. Independent Contractors e . Broad Fonn Property Damage f. Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured i. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $1 ,000 ,000 combined single limit for bodily injury and property damage. Coverage to include : a . Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: a. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee ; it being the intent of the parties that th e insuran ce policies so effected shall protect the parties and be primary coverage for an y and all losses covered by the described insurance . b . The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee. c . The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiums due or for any assessments under any fonn of any poli cy. d. Any and all deduc tibles contained in any in surance pol icy sh all b e assumed by and at the sole risk of the Co ntractor. 5. Certificate of Insurance : The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has complied with the foregoing insurance requirements. The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the Co unty. 6. Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGrantee understands, however, that the decision to waive or modify those provisions i fully within the discretion of the County. 6 In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold : 1. A bid guarantee from each bidder equivalent to 5% of the bid price; 2. A perfonnance bond on the part of the contractor for 100% of the contract price; and 3. A payment bond on the part of the contractor for 100% of the contract price. H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantee shall provide full access to these books and records to the County, the Secretary of HUD or his designee, the Office of Inspector General, and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed. The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD. This shall include providing to the County the infonnation necessary to complete annual Performance Reports in a timely fashion. J. Timeliness The SubGrantee shall comply with the quarterly performance standards established in Section II-C of this Agreement. The SubGrantee understands that failure to comply with the established standards may lead to a cancellation of the Project and a loss of all unexpended funds. K. Reimbursement for Expenses TI1e SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division documentation in the form required by that Division which properly and fully identifies the amount which the SubGrantee is requesting at that time. The County shall have ten (10) working days to re iew the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee a oon as possible. L. Program Income 7 All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be dispersed for its approved CDBG Project activities before additional CDBG funds are requested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all program income directly generated from the use of CDBG funds will be remitted to the County. M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and II of this Agreement. Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantee shall adhere to the requirements of 24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State statutes and County ordinances, resolutions , rules , and regulations. 0. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of thi s Agreement shall apply to an y subcontract. P. Suspension or Termination This Agreement may be suspended or terminated by the County if the SubGrantee materially fails to comply with any term of this Agreement. This Agreement may also be terminated for con venience by mutual agreement of the County and the SubGrantee. Q. In the event that the Unit of General Local Government should w ithdraw from the County's "Urban County" desi gnation , this Agreement shall terminate as of the termin ation date of th e Co un ty's C DBG grant Agreement wi th HUD . R. The SubGrantee certifies that to the best of its knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it , to any person for influencing or attem pting to influence an officer or employee of any agency, a Memb er of Congress, an officer or employee of Congress , or an em pl oyee of a Memb er of Congress in co nn ect ion with the awarding of any Federal contract, the making of any Federal grant, th e making of any Federal loan, th e entering into of any cooperative agreement, and the extension, conti nuatio n, renewal, amendment, or modification of any Federal contract , grant, loan, or co perati ve agreement ; and, 8 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. S. Disallowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance. IV. RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds. Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements. B. Performance and Compliance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide Housing and Community Development Services staff whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations . C. Reporting to HUD The County will be responsible for seeing that all necessary reports and information required of the County are filed with HUD and other applicable Federal agencies in a timely fashion. V. EXTENT OF THE AGREEMENT This agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County and SubGrantee and supercedes all prior negotiations , representations or agreements, either written or oral. Any amendments to this agreement must be in writing and signed by both the County and SubGrantee. If any portion of this agreement is found by a court of competent jurisdiction to be void and/or unen forcea ble, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect. 9 In Witness Whereof, the Parties have caused this Agreement to be duly executed this ______ day of , 2007. -------------- SubGrantee: City of Englewood Signature Title Board of County Commissioners Arapahoe County, Colorado Don Klemme on behalf of the Board of County Commissioners Pursuant to Resolution #070118 10 PROJECT BUDGET NW Sidewa lk Project COLUMN A COLUMNB COLUMNC COLUMND Project Acth1tks Estim:ill'd Total Cost of C DBG Funds Other Funds Co nunitll'd (s pecify by line item) Ac th1ty Constru cti o n ;rnd tes ting of $25.000 $25.000 $0 approxima tel y 2.500 square fee t of curb. g utt er and sidewa lk Ad mini strati on $5 ,000 $5,000 TOTAL: $30.000 $25.000 S5.000 COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 19, 2007 11 Ci Resolution to designate funds as those in which appropriations shall not lapse as required in Article X, Part I, Section 94 of Charter of the City of Englewood Initiated By: Staff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council discussed this issue at a Study Session held on April 2, 2007. Staff was directed to proceed with submitting this question to the voters at the November 6, 2007. The voters approv ed Question Number 2A at the November 6, 2007 election by a margin of 3305 to 1513. RECOMMENDED ACTION Staff recommends Council approve the attached Resolution designating the Capital Projects Fund , Conservation Trust Fund , and Open Space Fund as funds accounting for the permanent improvements. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Article X, Part I, Section 94 of the Charter addresses when appropriations lapse . Prior to voter- approved Charter changes all appropriations lapsed at the end of the fis c al year except for the Public Improvement Fund (PIF). Since the Charter was adopted, the City of Englewood added the Capital Projects Fund , Conservation Trust Fund, and the Open Space Fund. Each of these funds expends funds for permanent improve ments. Voters approved Question 2A w hich amends the Charte r and requires City Council designate "other such funds" which the appropriations will not lapse. This Resolution designates the Capital Projects Fund, the Open Space Fund, and the Conservation Trust Fund as funds which the appropriations shall not lapse until the purpose for which the appropriation as made shall be accomplished or abandoned. FINANCIAL IMPACT This action will not have a direct financial impact on the City of Englewood. LIST OF ATTACHMENTS Proposed Resolution RESOLUl10N NO. SERIES OF 2007 A RESOLUTION DESIGNATING THE CAPITAL PROJECTS FUND, THE CONSERVATION TRUST FUND AND THE OPEN SPACE FUND AS FUNDS FOR PERMANENT IMPROVEMENTS FOR WHICH APPROPRIATIONS SHALL NOT LAPSE AT THE END OF THE FISCAL YEAR. WHEREAS , an Amendment to Article X, Part I, Section 94 "Appropriations to lapse", of the Englewood Home Rule Charter was approved by the registered electors of the City of Englewood at the municipal election of November 6 , 2007; and WHEREAS, prior to voter-approved Charter changes all appropriations lapsed at the end of the fiscal year except for the Public Improvement Fund (PIF); and WHEREAS, after the Englewood Home Rule Charter was adopted, the Capital Projects Fund, the Conservation Trust Fund and the Open Space Fund have been created to fund permanent improvements; and WHEREAS , the amendment to the Englewood Home Rule Charter requires the Englewood City Council to designate "other such funds " for which appropriations will not lapse; and WHEREAS , the passage of this proposed resolution designates the Capital Projects Fund, the Conservation Trust Fund and the Open Space Fund as funds for which the appropriation shall not lapse until the purpose for which the appropriation is made shall be accompl ished or abandoned ; 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 designates the Capital Projects Fund, the Conservation Trust Fund and the Open Space Fund as funds for which the appropriations shall not lapse until the purpose for which the appropriation is made shall be accomplished or abandoned . ADOPTED AND APPROVED this 19th day of November, 2007 . ATIEST: , Mayor Lo ucrishia A. Ellis , City Clerk 1, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado , hereby cert ify the abo ve i a true copy of Reso lution No . __ , Series of 2007 . Loucrishia A. Ellis, City Clerk ·' COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 19, 2007 11 C ii Approval of Purchase of Plow Trucks Initiated By: Staff Source: Department of Public Works Rick Kahm, Director Pat White, Fleet Manager Dell Montgomery, Streets Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved purchase of three (3) four-yard dump trucks in the 2008 Capital Equipment Replacement Fund (CERF). RECOMMENDED ACTION Approve, by Motion, the purchase of three (3) four-yard freightliner dump trucks from Transwest Trucks in the total amount of $311,778. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Public Works Department currently has three 1999 GMC 7500 dump trucks, unit numbers 3214, 3215, and 3216. These units have met age and mileage requirements for replacement, and are included in the 2008 CERF . FINANCIAL IMPACT Issuance of a purchase order in 2007 will insure price concession for replacement of these units in 2008, and will save the City approximately 6% in costs. Purchasing from Englewood's current internet bid request, Bid Net No. IBF-0 7-105, will guarantee pricing at 2007 levels . Truck Snow Plow Equipment Total (eac h) Total (3 complete units) LIST OF ATTACHMENTS Summary Specification Sheet Photo of Stainless Steel Tru c k Bed Details for Upgraded Stainless Steel Truck Bed Ph ot o of Pl ows $90,297 13.629 $103,926 $311,778 , ( SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES STATE AWARD YES @) 1F ¥Es , A'NARo # EYx] ~,,)cccf ,Jt )arcf TFE -Q)-;05 MANUFACTURER OF VEHICLE fr~,c,:. t _. ___ t __ .....__ __ -'------ MODEL OF VEHICLE ....... }----'-vf ........ )"""--_,__/ ...... Q ...... 6 ........ L)""--------- AIR CONDITIONING A UTOMATIC TR A NS M ISSION POWER W INDOW S POWER DOOR LOCKS 4 WHEEL DRIVE ALTERN A TIVE FUEL OPTION C E RF R EP LACEME NT 0ES :) ~) YES YES YES YE S (iE_S-~- NO NO @ ~ _lliQ.'; Cfa~g N O NEW ADDITION TO FLEET YES C FJO DEPARTMENT VEHICLE Ass1GNED To St 1 ~t;. ll-p-b. o;:; 1003 J l I '//" -(" +I 1 / .. , ~ he • C p a M a nufa c tured by the m ost tru s t ed n a m e in th e s preade r indu s try: the Swenson DH II i s bui It to last. S lee k brace less sides a nd c ross m e mberl ess construction provid e ru gged durability w hil e eliminating co rros ion traps a nd wash boarding. Id ea ll y suited for muni c ipal u se as we ll as ge n era l purpose hauling a nd durnpi ng opera ti ons. Ir~- ' Standard Features : • Cross memberless construction • Front mount telescopic hoist • Center mounted air operated tailgate • 24" cab shield • 2" body hinge pins ···, .. •• :.;,.1~ .... .;.1)., 'J .~~ ~~""/J,;,;;..,,--: .•• -·, .. ;,'I:'-:... ·.. • . ·. ft Ks~e~S 5201 COLORADO BLVD. COMMERCE CITY, CO IH22•31TS PHONE: 303•211-7370 FAX: SD3-29WS27 DATE 10/17/07 QOOTB RO. *** QUOTE PAGE EQUIPMENT CO. SOLD TOs E·MAIL: kollbro10kol1brothers.con1 www.kol1brot111ra.com SIUP TOs 1 07-2089 ••• TRANSWEST TRUCKS INC. P.O. BOX 16086 CITY OF ENGLEWOOD PAT WHITE DENVER CO 80216 2800 S. PLATTE RIVER DRIVER ENGLEWOOD CO 80110-2373 ----··=---------------------=----------------------=-------------------------~- SALBSMAN 'l'ERIIS CVS'rOlmll :tO QUOTE CUSTONZR HtJM 20600 SIUP VD INSTALL 2 NET 10 CUS'l'OMBR PRONE 762-2413 -----------=·-·····=----------------------------------------------~------------Dear Pat, We are pleased to submit the following quotation for your consideration. The unit is identical in specifications as to the units that were delivered in September of 2004. We have some options listed below that you might like to look at from a perspective of upgrades and eaiser maintenance and operational functions of the units. If you have any questions regarding any part of the system please give me a call. Thank you for your time and consideration of Kois Brothers Equipment Company. ~i~lly, ~.Kois Options: Heil SL Dump body in lieu of Gallion Body Add _.STAINLESS STEEL BUMP IN LIEU OF CARBON PAINTED STEEL Add Dickey-john LT Controller in lieu of Manaul Selection Add 3/8• Poly moldboard in lieu of Steel Moldboard Add J-PLOW in lieu of MW Snow Plow with Steel Moldboard Add Parrellel Lift Hitch in lieu of Hustin Hitch Add Dickey-john Control Point Hydraulics & Electric Joystick $2,107.00 $9,573.00 241.00 702.00 1,226.00 2,376.00 operations with full ground speed operations Add 9,186 .00 QTY ORD VOii ea. .................... ············-················· ...... . . .•.......... ·····~--- GALION U400 SERIES *8 GA SIDES/FLOOR 24 1 SIDE/34 1 E 3/16" STEEL FLOOR *IN LIEU OF 8 GAUGE FLOOR ADD GALLION 850 HOIST *8" CYLINDER WITH 14 TON CAPAC QUARTER CAB SHIELD *24" STEEL CAB GUARD 8 GAUG2 TRUC~ LITE LED LIGHT *CORNER POST HARXER & CLEARANC • • • CONTINUED NEXT PAGE • * * 11c:A ,rnr. ••~ 1.00 1.00 1.00 10.00 1.00 IS EA EA EA 9,535 .00 0.00 0 .00 0 .00 0.00 9,535.00 0.00 0.00 0.00 0 .00 Ka~e~S EQUIPMENT CO. SOLD TO& 5209 COLORADO BLVD. COMMERCE cm, co IOl22•31TI PHONE: sos-2ta.n10 FAX: 30WIW5Z7 E-MAIL: kol1broatltol1brotht1"1,COIII www.kollbrothen.co111 SHIP '101 DATE 10/17/07 auon ao. ••• QUOTB PAGE 2 07-2089 *'** TRANSWEST TRUCKS INC. P.O. BOX 16086 CI1'Y OF ENGLEWOOD PAT WHITE DENVER CO 80216 2800 S. PLATTE RIVER DRIVER ENGLEWOOD CO 80110-2373 ••••••====================••================-~===================-a~=-========= CUS'IOIIBR PO QUOTE CtJSTOIIBR NtJII 20600 SHIP VIA INSTALL '1'BNIS NET 10 CUSTOMER PHONB 762-2413 •••-•••••=--------------=-~•••~----------------••D=-----------------m••••••c--- ··················--.................•••.............••.. JCBCR-BOXED TOP RAIL *TDL BOXED TOP DUMP BODY RAILS 1.00 MISC-082436 MUDFLAPS l/2"X 24" X 36" 2.00 PLAIN PRBC0-230 PRECO BACJruP ALARM 1. 00 GRBSEN' SPOOL VALVE *HYDRAULICS DUMP, SNDR, PLOW WESCON CABLB BONNET *25P-V20 (303032) GRESEN HOOJCU B-206305 CONTROL HANDLE BUYERS VSC3 TOWER *CONSOLE TO MOUNT 3 CONTROL VA B-206301 CONTROL,MORSE CABLE*NO DETENT MNC CS20A1008H1SX •1151 MUNCIE PTO CLOSE COUPLED MUNCIE TKS13-2BPBB *13 GPH PUMP 8 1000 RPM ELECTRIC ON/OFF *FOOT SWITCH TO START SPREADER B-SMR30S TANK 30 GAL W/GAGE KBSW-1400060 SINGLB FLOW CONTROL VALVE TAILGATE OPT 04105-306-00 AERO 500 ELEC . TARP *ASPHALT SYT!M STEEL ARMS DEFL RUN HYDRAULIC LINES •POWER FRONT ANGLE/11.EVUP/DWN RUN HYDRAULIC LINES *SANDER SPREADER LINRS ••• CONTINUED NEXT PAGE••• 1.00 3.00 l.00 1. 00 1.00 1.00 1.00 1.00 l.00 l. 00 1.00 1. 00 1.00 Ml:f ~JUOIIII s I ())I VOii PJUCE ~ ---.......... ······--- EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA EA EA EA EA EA EA EA EA EA EA EA 5,996.00 0.00 0.00 o.oo 0.00 0.00 0.00 0 .00 0.00 759.00 1,857 .00 583.00 642.00 5,996.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 .00 759 .00 1,857.00 583.00 SOLD TO: 5ZOO COLORADO BLVD. co•ERCE CITY, co IOIZ2·3175 PHONE: Jn.Zll-7370 FAX: JOS.21W527 E-MAIL: tol ........ hl1brothtr1.CD1ft www.kolsbroth1r1.co1n Slll:P 'l'O I DATE 10/17/07 QVO'l'B RO. ••• QUO'rl: PAGE 3 07-2089 ••• TRANSWEST TRUCKS INC . P.O. BOX 16086 CITY OF ENGLEWOOD PAT WHITE Dl!!NVER CO 80216 2800 S. PLATTE RIVER DRIVER ENGLEWOOD CO 80110 -2373 ••==============••c============2••===========~•===============-==============2c CUSTOIIKR PO QUOTE CUS'l'OIIBR aUN 20600 SB:tP Vll INSTALL TDMS NET 10 CUS'l'OM!!ll PHONE 762-2413 ==•••=-------------•••mc-----------••a-------------~-----------------•••-------.AR'l' ..... D88Clt.D'l'JOII •••••••••••••••••••• •••••••••••••••••••••••••••••• vuc::ING s722 s *MW41Rl0 FULL TRIP PLOW PWR RE VlltING S7060 *4"X10" DOUBLE ACTING LIFT CYL VIKZNG S7110 •HUSTIN HITCH 'l'RUCJC PORTION VIKING S7290 *CURB SHOES MOUNTED ON PLOW VIKING S7350 •12• RUBBER SNOW DEFLECTOR IICING S73SS *36· SNOW PLOW MARKERS ON EDGE VIKING S7330 •29• HUS'l'IN PLOW PORTION HITCH All ret~ pod• -t be acc:OIIP&Aied 1IY invoice Ul4 are •ull:fMt to handliM cba rp afl:es 30 d.ay1. ••9JIQ ~ AITD to m.n••• Q'n ORD ••••••• 1.00 1.00 1.00 1.00 1.00 1.00 1.00 IDVICII aAJIOS or 3' na IIClffll . H I ........ WILL .. AIIDID ~ »rt lJIVOICS N01' ·~ID. Tim LU'1' Dlt.Y OP fllS NOm'll nr •tar 11' IS DOE , a US CCIDOIDCDIO 111ft 'JU FAU UAOa ~ AC'I OP 1'>1 U AIIDDSI). IIO't utl'GlllmLa 1'0a TDlll.Oft DOIi TO PIUS , lftDU oa CAOIU IC'IOlm om CDl"JW)t.. STEIIOOIIAIICICAI .UC C:UUCAL .,... aam:1' tO COD9C'l'Iml ftAIIK mu woa ALLC*DG u "° CIOO'l'a nma mu . YOU con z1 LOOZ U l~ LZ5116l£0E ••~ soua. SIO)I UOII PIUCI: Di'&lti)ICD ••• ·········-••••••••• EA 8 ,445.00 8,445.00 EA 0.00 0.00 EA 0.00 0.00 EA 0 .00 0 .00 EA 0.00 o.oo EA 0 .00 0 .00 EA 0.00 0 .00 Sub Total 27,817.00 Salas Tax 0 .00 F .K.T. 0.00 Freight 0 .00 ~ 27,117.00 ·-· \ . I • {, • I ' 1· I ' I , I \ . ' . j & J ,J • .__ "'"\ ,""'I Literature May 2005 • t • ,. I' ,~ ' i / ,"¥ ~ : \! ~ r • ',,'\ .. ~'a' . \ ·, \ \ l ) l ' .\ ; l 1' ' 1 ·1· 1 ) J l :; !. ,, ') J ( \' : l. l. ~ ·:" · :, ' l ' 1 . \ · ' , I ') • · l ~ , ·.,, ~ • \ \ \ I ., ~ • ~ \ l " , _'J t' , )J h ., \ "'t •' ' \ "'t. • ~ ,-,~,\ ..... ' • • • ' < ..... ~ -• ---·---.... !MW ~----------------------';L 9;~-~-a-=--y_l_,__ _______________ ___. "andard Features Integral snow shield-Exceeds 12" in front of cutting edge. • 3/16" moldboard skin-fully welded. • (6) 1/2" x 3 1/2" plate ribs. • 4" x 4" x 3/4" moldboard base angle. • Dual compression arm full trip. • Rubber bumper trip limit. • (3) attack angle positions 5°-15°. • (3) spring tension adjustments . www. vi kingci ves.com 'KINO•CIVES, USA VIKINO·CIVEI, LTD. _ 12 No . Evans Road RR4 , Mt. Forest Ontario vansdale . Iowa 50707 NOG 2LO (319) 236 -7977 (519) 323-4433 (319) 236 -7980 Fax (519) 323-4608 Fax VIKING•C IVES, USA RR2 , Box 36 -1 /2 Harrisville. New York 13648 (315) 543-2321 (315) 543 -2366 Fax Distributor: - NATHAN, BREMER, DUMM & MYERS, P.C. 14a A TIORNEYS AT LAW J . ANDREW NATHAN MAAKH.OUMM ANNE SMITH MYERS ELLIS J. MAYeft MARKE.MACY EST 1973 OENV!R CENTERPOINT 3900 EAST MEXICO AVENUE SUITE 1000 HEIDI J . HUGOAHL KAREN R. WELLS MICHAEL R. LANCTO ANDREW J . FISHER BERNARD WOESSNER ALLYSON C . HODGES MARNI NA THAN KLOSTER WILLOW I. ARNOLD ALLISON R. AILER October 31 , 2007 Via Email Daniel Brotzman, Esq. Nancy Reid, Esq. City Attorney's Office City of Englewood 1000 Englewood Parkway Englewood, CO 80110 RE: Collection of Default Judgment against Wide Band Communications Dear Mr. Brotzman and Ms. Reid, DENVER, COLORADO 80210.39'5 PHONE: (303) 811 -3737 FAX: (303) 757-5109 PETER WATSON 1923 • 2004 Retired Howard W. Bremer On behalf of this firm, I would like to thank you for retaining us as legal counsel for the City of Englewood . It is my understanding that we have been retained to assist the City of Englewood in collection on a default judgment entered against Wide Band Communications in Civil Action #07CV1995. As part of our retention, we intend to investigate Wide Band 's business activities in Colorado and ascertain the City's options with regard to collecting the judgment. If there is property or other assets with which we can use to collect the judgment or other action which can be taken , we will consult with both of you and attempt to collect as much of the judgment as possible . This letter shall form our retention agreement. This firm customarily charges for all non-court costs and expenses , including those associated with large photocopying, postage , lengthy long distance phone calls , and electronic research , as well as travel and other out-of-pocket expenses. We will use our discretion in determining which costs are reasonably necessary to provide legal services on your behalf. These types of costs can also include duplication of documents , filing fees , service of proce ss , depositions and the like. Any unusual expenses would only be incurred after prior approval by you . These unusual expenses wo uld include the retention of experts and other particular expenses which might be over $1,000 .00, which are not currently anticipated in this matter. November 2, 2007 Page 2 It is our firm's usual practice to send periodic statements. Typically, we bill quarterly , but, pursuant to your request we will bill the City of Englewood monthly. Our charges will be based on hourly time rates and disbursements. We reserve the right to assign more than one lawyer to each matter . We will use paralegals, law clerks and associates to otherwise lower your potential bill. The following attorneys will be primarily responsible for rendering professional services on this matter. Legal fees that will be charged are as follows: Marni Nathan Kloster Paralegals Law Clerks $140.00/hr. $75.00/hr. $75.00/hr If, at any time, we have a dispute with you in connection with this engagement, including collection of aJ110unts owed or services rendered, or if you have a dispute with this firm or any of its employees arising out of this engagement, including disputes as to the quality of work done, any and all such disputes will be resolved solely by submitting such matter or matters first to non-binding mediation and then, if necessary, to binding arbitration before a neutral person or persons as we may agree upon. In the event we cannot agree , we will utilize the services of the Judicial Arbiter Group of Denver, Colorado, to arbitrate , pursuant to the rules that group establishes. In any legal action necessary to collect legal fees , the prevailing party will be awarded costs, including reasonable attorneys ' fees. The decision in any such arbitration shall be binding. If you, as our client, do not comply with the terms of this engagement agreement, it is agreed that we shall have the right to withdraw as your counsel. In that case, you will not object to our withdrawal and will execute such documents as may be necessary to facilitate it. After the conclusion of our engagement, this firm will retain this file for a minimum of three years at which time the file may be disposed of at the discretion of the firm. If you are not in agreement with the terms set forth above, please advise immediately . If, considering all the matters discussed above , you are satisfied that this firm should continue to represent the City of Englewood, please execute one original of this agreement and return it to us. Signatures and counterparts will suffice to create one integrated agreement. We look forward to working with you on this matter. Sincerely, Is Marni Nathan Kloster AGREED: BY ---------------- 2