HomeMy WebLinkAbout2007-12-03 (Regular) Meeting Agenda Packet1.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CllY COUNCIL
Monday, December 3, 2007
7:30 p.m.
Engle w ood Civic Center -Council Ch~mbers
1000 Englewood Parkway
Englewood , CO 80110
Call to order. '7.lf.J ~
.
Invocation. /'h~ ~
Pledge of Allegian c e. /)1 ~ ~
RollCall. au 1 ~
Cons id eration o f Minutes o f Pre v ious· Sess ion. Off/J '7-() a. Minutes from the Regular City Council meeting of November 19, 2007 ~
6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .)
()... eo:r;;.1Mrl:.. 0 F ~,n /IJ EdJlr110AJ ~tEIJ · tr) tu $.4t.4 UL
~ Re c ognition of 2008 Calendar Artists .
• D ela iney St eve nso n, a 2"d Grader at Cl ay ton Elementary
• Ky la G ree r, a 1 •t G rad er at Bi shop Elemen ta ry
• Raven Broughton , a 4th Grader at Clayton Elementary
• Ju stin Grim es, a 3 rd Grader at Maddox Elementary
• Shannon Kelly, a 1 •t Grader at All Souls School
• Natasha Fish , an 11 th Grader at Littleton High School
• Constance Krabbe, a 4 th Grader at Maddox Elementary
• Gerald Lucero, an 11th Grader at Colora d o's Finest Al ternat ive High School
• Sean Pappone , a 3rd Grader at Clayton Elementary
• Kenny Berry, a 5 th Grader at Clayton Eleme ntary
• Candy Valente, a 5th Grader at Cherrelyn Elementary
• Dani elle Schablitsky, a 6th Grader at All Souls School
• Br and o n Reic helt, a 5th Grader at Clayton Elementary
Please note : If you have a disability and need auxiliary aids o r services , p lease no tify the City of Englewood
(303 -762 -2407) at least 48 hours in advance of when services are needed. Thank you . .__ ___ ..;_
Englewood Ci ty Crn 11 H'i l /\gc-•11cla
December 3, 2007
Page 2
7. Rt cogn iti on of Unscheduled Public Comment. (Pl ease limit yom prese 11t .1ti on t o fi w 111i1111l es.
Til1l l! for un sc h e duled publi c comm e nt may be limite d t o 4 .S 111inult·•s ,111d if li111it (·•cl ah .di lie
co11t i11u t)U l o Ceneral Di scussio n.)
a . .:Tl M 6~ -l;.A}6l£1))()(){) IA AWA)~ P R.t)J/3. lr a /'l),4IE.
11. Com 111u11i c atirn1s , Prnd,1 m ;1 tions, .1 11cl Appointm e 11ts .
,I. Mt•m or.111d11111 frorn Cl1.1ir I-l o ll y M n 11t .1 gu l' .1d v ising Co un ci l of Je ff Rov1wr 's \'t•rbal
11oli fic.1 ti on u f hi s r L•s ig11.1tion fr om l<E:'l:'p Fng l ewood Rea utiful~ (!~
'l. Co nsl'nl Agenda It e ms .
, I.
Ii.
C.
Approval of Ordinances on First Rea ding.
D
Approval of Ordinances o n Seco n d Rea din g.
Res o &.1s a n~ Motions. g ·
I 0 . Publ i c H e.iring ll t•ms. (Nrnw sdwdul(-•d .)
$
I I . O rdin .rn c.es , Rtiso luti o n s a nd Moti o 11 s .
• 1. /\ppruv.1 1 of O r dinances o n Firs t R!',1di 11 g.
i . Co un c il Bill No. 69 -Recn 11111w11d.1t io n l o .1d o pt a Bill for .111 Ordinan ce ,1pprovi ng
ffi e Golf Course Res taura nt C on c t•ssion,1ire A gr ee m e nt b e t wee n th e C it y o f
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Eng l ewoo d and Dadiotis Co if I nlv rpr isPs, LLC. STAFF SOURCE: terrell Bfack, N .ttJh /
O...eeter ef Parlts ilA& RMF@il&ioR 1 WIR& Bob Spada, Golf Operations Manager. v~ ,,
ii.
Oftd7 -()
iii .
Coun c i l Bi ll N o . 70 -Recornm e11cbtio11 from th e Utiliti es Departme nt .111d th e
W a t er and Sewer Board to adop t a Bi ll for an O r d in ance approving a Ci ty Di t ch
Lice n se A g reement, a Tempor,uy Constru c ti on Easement, and a City Dit c h
r n cro;i c hm e nt PPrrnit for th e in st.:illation of two st orm sewers and 0 1w <,,1111tary
,t'\'\'t•r .,t tl w SwNfi sh Medical Cen t er. STAFF SOU RCE : Stewart H . Fonda,
Din·c·tor of Utilities. f'/LH'u-
< I HIIH ii Hill No. n -l\('\'ll lllllH'IHl.1tio11 frn111 1111· l l tiliti1 ·~ l)1•p ,1rt1rn•11t .111<1 lill'
W.1IN .111C I S<•w1•r Bo,mf 1, 1 .11 fnpt .1 Bill for .111 Orcfi11.111 c<· .ipprlJ\ i11g .1
·0 11lirfl'11ti.1lit y AgrL'L'nlL'lll ,111tlimi1i11g tl w Cit o t I 11glt'WlHH f\ \A/,111•1 l,1)•,l1h
Alt ()l'lll')I t o w ork with l'.irk ('o t111t y, th e l Jppvr Srn1th l'l.1tl L' \,V.1lt'r ( 111 1,,·l\,IIH y
Diatri c l , th e t •11t t •r nf C n lm.1do \,V.it e r CrnlSl'l'VcllKY fli~lri c t, tlH · ('it,· ,,t ll1 <J rnto11 ,
Pt1hli c Servin' 0 111p .111 y nf o lor,1do, .l'lltt•rrnic1 I W ,1tvr .ind S.111it.1ti1111 I >1 ·,t rid,
<111d th e City o f f11gl1·W<H><f 1wrt.1inin g t o,, jnin t effort l o coll ect rn1 j11d !:111,·11 t s
<l\,,1r cfed ag.ii 11 :-.t tlw l ',Hk C <11111t y }.t~t~11.w11 's Ran h . STAFF SOU~C[: Sit-war t
H. Fonda, Din·c ·lor of Ulilitil•s . / ;~
l'I,·., .,. 11,,1,· II vn u Ii.iv<· ,1 d1,.ilul1 t, .11ul 111•1·d .n1 il1.11y .11d , 01 ,t·1\'i1 <·,. pit ·.,,,. 111,1,t v 11 1,· t ,1v 111 I 11 )•.l,·11 ,11 1d
IOl 7/i.! ..!·IO i') ,II lt•,1,t ~II l1ou1, 111 .11h.11111• nf wllt'II st'l\'h ,., .11,· 11,•,•d,•d 111 .11d \t l\l.
.,
Englewood City Council Agenda
December 3, 200 7
Page 3
b. Approv al of Ordinances on Second Reading.
Council Bill No. 7 1, approvi ng the redemption and subsequent sale of 239 7 West
Harvard Avenue acquired through the foreclosure process as defined by Colorado
State Statutes. ~
ii. Council Bill No. 72, authorizing the execution of two Intergovernmental (flJ.j/:: I ,,/J Subgrantee Agreements between the Arapahoe Board of County Commissioners
~ / l and the City of Englewood for the reallocation of funds fr~~ the ... 2.00~ ~rapahoe -,,--.., ?-l/ County Community Development Block Grant Program ./~
c. Resolutions and Motions.
i.
ii.
'fld?-0
iii.
~'l-D
Recommendation from the Utilities Department to approve, by Motion, the bid
award of the Clarkson Street 6 million gallon reservoir tank roof repair. Staff
recommends awarding the contract to the lowest acceptable bidder, Restruction
Corp., in the,t.m?u_nt of $102 ,805 . STAFF SOURCE: Stewart H. Fonda, Director
of Utilities. / JlWU,,,
Recommendation from the Community Dev elopment Department to approve, by
Motion, a design services c ontract for the Paseo Proje ct (Phase 1) w ith Mundus
Bishop Lands.ce~{JJJ_;~amount of $23 ,0 70 . STAFF SOURCE: Brook
Bell, Planner~ -.-.. _
Recommendation from the Community Development Department to approve, by
Motioo. an agreement between the City of Englewood and First Transit, Inc. for
the fourth quarter 2007 operation of the Circulator Shuttle in the amount of
$71 ,2 13 .76,xT:!~ ~OURCE: Harold J. Stitt, Community Development
Manager. / /l,f/'(YU.--
12. G eneral Di sc u ss ion .
a. Mayo r's Choice.
b. Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report.
15. Adjournment. 7"./ ~ ~
Plea . e note : If ou have a disability and need auxiliary aid or
(3 03-762-2407 ) at I as t 48 hour in advance of when
Englewood C ily C'o 1111 c il Agt'11d a
December 3, 2 00 7
Page 4
Th e following minutes Wl·r e transmitted to City Council in November, 2007 .
• Allian ce for Commerce in Englewood Committee m ee ting of Scptc111hcr ·13, 2007.
• Code Enforcement Advisory Committee meeting of Septembe r l lJ , 2 00 7.
• Cultur.11 Arts Commission m ee ting of Septcmlwr :i, 2007.
• Englewood Housing Authority lll e(-•ting of August 1, 2007.
• l<P e p Englewood Beautiful me eting of 5(-i pt ember 11 , 2007 .
• Library Board meeting of September 11, 2007 .
• Liquor Licensing Authority telephone poll of August 1 5, September 5, Septemb er 19, and
O c tober 3, 2007.
• r.1rks and Recreation Commission meeting of September 13, 2007.
• Planning and Zoning Commission meeting of October 2, 2007 .
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
December 3, 2007
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
(
1 . Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
November 19, 2007
The regular meeting of the Englewood City Council was called to order by Mayor Pro Tern Woodward at
7:44 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.
5 .
Also present: City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk Ellis
Deputy City Clerk Bush
Director Gryglewicz, Finance and Administrative Services
Housing Finance Specialist Grimmett, Community Development
Manager Stitt, Community Development
Executive Assistant Fenton, Community Development
Director White , Community Development
Department Ass istant Krecklow , Commun ity Development
Director Kahm , Publ ic Work s
Fl eet Ma nager White , Publ ic Works
Streets Ma intenance Manager Montgomery, Publ ic Works
Director Black , Parks and Recreation
Parks Techn ician Stephenson , Parks and Recreation
Court Administrator Wolfe, Municipal Court
Communications Coordinator Hoffhines , City Manager's Office
Pol ice Division Chief/Act ing Director Vandermee , Safety Services
Police Commander Watson , Safety Services
Fire Div ision Ch ief Pattaro zzi, Safety Serv ices
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 NOVEMBER 5 , 2007 .
M ayo r Pro Tern Woodward asked if there were any comments or corrections . There were none .
Englewood City Council
November 19, 2007
Page 2
Vote results :
Ayes :
Nays :
Mo tion ca r ried .
Counc il Membe rs Barr ent ine , Mcc a sli n , Moore , To ma sso, Oa kle y ,
Waggoner, Woodward
None
{b) City Council Recognition and Swearing In .
(i) Comments and recognition of fam ilies and/o r guests by the departing mem be rs
of City Council.
Council Member Barrent ine sa id I would like to recogni ze my son . He was seve n yea rs old when I sta rted
this process, campaigning four years ago , and I have seen him grow into a young man w ith his mother
very busy on some issues . And he told me that he would like to get up and sa y something . I would li ke
to give him that opportunity . That's my son , Joseph Barrentine . It's also a mother's job to make it nerve-
racking for their children . There was laughter.
Joseph Barrentine said I love my mother very , very much . I am glad she was on Council because she d id
an exceptional job. She helped a lot of people , including me . I am very proud of her and what she has
done and the contributions she 's made to the C ity of Englewood . I love you mom .
Carol Br zecz ek said I live in Littleton , but I'm here tonight to represent Senator Steve W a rd , who is in the
Ma rine Reserves and is in Iraq . He 's been keep ing up w ith what's been go ing on . He knows Laurett. I
ex plai ned how th e las t results tu rned ou t in both Li ttleton and Eng lewood . He 's sen t me a n ema il th at he
ha s asked me to read . "It has been my pleasu re to have known Laurett Barrent ine fo r man y yea rs . We
first met when she was beginning to get involved in Englewood community issues. Late r, Laurett decided
to run for C ity Council. We have spoken often ove r the years about issues that she has been concerned
with . Lau rett has always had a genu ine concern for he r commun ity . I have adm ired he r w il lingn ess to
speak up on issues when it would have been far easier to sit back . While the recent election did not turn
out the way Laurett had hoped , I trust that she will continue to focus her energy and enthus iasm on
matt e rs that benefit her community. Please jo in me in honori ng Lau rett 's commitment and sacrifice on
beh a lf of the peop le of Englewood . Regrets that I could not be in attendance today . Oth e r dut ies have
ca lled me away for a time . Sincerely , Steve Ward , Colorado State Senator , D istrict 26 ." There was
appla use .
Susan Beck m a n , Arap a hoe County Com m issi one r, presen ted Cou nci l Me m be r B arrent ine wit h a bouquet
of flowers. C o uncil Me mber Bar rentine sai d thank you very m uc h. M s . Bec kman sai d thank yo u very
much for letting me have just a moment. First of all, I would like to extend my condolences to all of you
for the loss of your Mayor, several months ago , Olga Wolosyn . It is a real loss to the community. I'm
here tonight to thank the outgoing Council Members for some of the support that you gave to Arapahoe
County during their term . Ray Tomasso , thank you so much for your support of the South Platte River
Corridor project. That is up and running and we are very, very proud that Englewood has been a great
partner of the County to work toward enhancing the jewel of the river that flows through Englewood,
Littleton and Sheridan . But tonight I'm here to thank Laurett Barrentine, personally, for helping me to do
the job as a County Commissioner . Through the years that I've been a commissioner , I've spoken many
times to Laurett , mostly about Human Service issues . A few years ago, as you know , the Colorado
Management System went wide and many people were caught in a system where they could not get
any th ing . Several times during that period , Laurett called, dealing with an individual that was a
constituen t in Englewood, really trying to help them through this web of paperwork , that 's almost
impossible to get through . Once, that I remember, there was a women who was actually iden tified as
being deceased . She had a real need to get into a nursing home or assisted living and we couldn't get
M dica1d to get the paperwork through and Laurett really, really bull-dogged that and made sure th at the
consti tuent was taken care of . So, tonight , I want to thank you for helping me do my job. I was the
Comm1ss1oner 1n charge of Human Services at that time and I know that you really reached out to a lot of
Englewood City Council
November 19, 2007
Page 3
people and helped them get through those times . So , thank you Laurett for your service . There was
applause.
Council Member Barrentine said that was a lot of work over four years, so anybody who would like to get
up and say anything nice about me , you are more than welcome to . I would like to recognize Doug Clark ,
a City Council Member over in Littleton as well , who has come to support me and I appreciate that.
Jim Bahne said I'll make my remarks brief but maybe not quite as brief as Joseph 's . I've lived 30 years in
Englewood and I want to thank all of Council for your hard work for the City . And I know that people are
looking forward to watching the football games, or other sports or other events, but I also know that you
are here working for the City . I know that your heart is really in it and that you love it. And I know that
Laurett has represented my district since she's been in office . As a businessman, I really appreciate her
going to work for me as a businessman, to encourage me, and also I see all the work she 's done for the
residents . She's been just selfless. She's been far-sighted and fair dealing . She's practical , and a
tireless worker. I know her son Joseph has gotten a civics lesson that few children will ever be able to
experience . As soon as he polishes his speaking skills just a little bit more, I expect to see him on City
Council or even greater. He's gotten a tremendous education from Laurett. Thank you for your serv ice .
Thank you all.
There was applause .
Aaron Reid, an Englewood resident , said I would like, first of all, to say thanks and congratulations to all
Council members, incoming and outgoing, staying and somewhere in between . There was applause. I
got to meet Laurett a few months ago and I would like to thank her for making herself very transparent ,
with getting me involved with the City. I told myself that I was taking a few years off and stay out of civic
minded stuff. She changed my tone , and I think it was for the better. I've since joined the Liquor
Licensing Authority and I proudly serve there . I don 't do near as much work as these fine folks in front of
us, but I like to help out my City and I would also like to say thanks and congratulations to Joe here . My
generation seems to be asleep at the wheel. I don't mean to pick on the elders in the room , but our
generation needs to wake up, smell the coffee and get out and serve in our community. I think our
forefathers and mothers ahead of us here are doing a very good job of fostering that, so thanks . There
was applause .
Matthew Crabtree , an Englewood resident , said I would like to start off saying congratulations to the new
members coming on Council and thanks for the hard work of the Council that's on there now . But I wou ld
like to thank Laurett. It was a couple months ago that I came to my first City Council meeting . I'd never
been to one before and really hadn't been that involved in the community. I wasn't sure what was going
on . I wasn't very educatod in it and Laurett has spent the time to really involve me and teach me a little
bit about politics . I would take notice of the City Council meetings. I want to thank her for her support in
helping ... teaching somebody that hadn't been involved before and has really kept me involved . So, I'll be
here, at every City Council meeting, that I can attend . So , thank you Laurett. There was applause .
Council Member Barrentine said I think that's enough . Thank you very much . I appreciate all of the
support that I've gotten . I appreciate all of the help through the campaign . I appreciate all of the
information and support throughout the whole four years . My son may have sacrificed a lot, but I've
learned an awful lot and I just became closer to this community that is very near and dear to my heart.
And I will continue to work with it on some citizen advocacy. I appreciate Randy Penn's hard work and I
think that District 3 will be well represented . I appreciate that he has taken the time to come to the people
and let them know that he really wants to hear from them . And , hopefully , all that four years of hard work
and knowledge that's in my head won't go to waste . And I appreciate the hand that he has extended to
make that transition go well. Thank you very much . There was applause .
Council Member Tomasso said I would like to recognize my wife D iane, for having to put up with the long
hours and the absences , dn d reading council packets in bed . Thank you . I would also like to thank the
voters who put me in office four years ago . It has been a very enlightening experience . An experience
that I wasn't quite prepared for . I thought it was just City Council I didn't realize at the time that it
1n volv d the Metro Mayors , the Metropolitan area , the Colorado Municipal League , the State legislatures ,
)
Englewood City Council
November 19, 2007
Page 4
the County legislatures , and once and awhile you are required to go to Washington D .C . and talk to the
folks in D.C . and tell them that what they are doing is affecting your budget. Some of the things that you
need to look forward to : the State is proposing some legislation this spring and services that the City
provides to non-residents, people living outside of the City ... there is a proposal that we can not charge
them more, we have to charge them the same price . There is another proposal from COOT that is
looking at having municipalities fund the highways that go through them and maintain those highways .
As you know, we have three highways . It's going to be a really big burden on our budget, so you need to
be active, very pro-active State-wise, Federal-wise, as to what is coming and how it affects you . You
need to be on top of the game, the entire time. Other than that , thank you for the opportunity. I've
enjoyed it. Have a good future. There was applause .
Mayor Pro Tern Woodward said thank you Ray .
Council Member Waggoner said I just want to congratulate the new members In Council and hopefully
you 'll be around longer than I did this stint. It's probably been the shortest on record ... the shortest stint
on Council, but it's been a lot of fun. I've enjoyed it very much . I'd like to introduce my wife Jodie . She 's
stuck by me through the previous eight years and through this little short term, and my daughter Kathi
Moore, who is also the wife of John Moore . Makes it kind of strange for a father-in-law and son-in-law , on
Council at the same time, but it has really been fun and I've really enjoyed it. Thank you very much .
There was applause.
(ii) A token of appreciation was given to the departing City Council Members .
Mayor Pro Tern Woodward said as a token of our appreciation and gratitude for your service to the City ,
the Council and staff would like to present each of you with a flower bouquet and plaque . I'm sure I
speak for all of Council when I say, it's been an honor and privilege to serve with all of you. I believe that
we have accomplished much over the past two years , and although we've had our differences, I think the
interest of the citizens of the City of Englewood always came first. John, if you would help me pass out
the bouquets .
The flowers and plaques were given to the departing City Council members . There was applause .
Mayor Pro Tern Woodward said the reconfigured Council brings a new outlook to Englewood and we look
forward to continuing to work together to build a strong and vibrant community .
But we can't let this even ing go by without acknowledging a very important person who spent the last
eight plus years working to build this kind of community here ... Mayor Olga Wolosyn . Olga was elected to
City Council in November of 1999 and re-elected in 2003. She was selected as Mayor Pro Tern in 2003 ,
and chosen by the City Council to serve as Englewood's Mayor in 2005 . Olga was slated to leave office
this evening after finishing her second term on Council. During her time on City Council, Olga was
involved in a variety of activities . She represented City Council on the Cultural Arts Commission, the
Alliance for Commerce in Englewood, Keep Englewood Beautiful , the Water and Sewer Board , the
Firefighters Pension Board , the Police Officers Pension Board , and the Safety Services Supplemental
Disability Board . Mayor Wolosyn also represented the City of Englewood on a number of outside boards
and organizations , including as Board Member of the Denver Regional Council of Governments , the
Colorado Municipal League, and the Metro Mayors Caucus . Olga was a visionary that saw beyond our
City limits . Beyond her work associated with her role on City Council , Olga was involved in countless
other volunteer endeavors . She was a founding member and served on the Board of Directors of
Englewood Arts ; and served as a Board Member on the Greater Englewood Chamber of Commerce .
She had a strong commitment to the arts and to the youth in our community . She served on the
Englewood Educat ion Foundat ion . She volunteered her time to teach in elementary art classrooms in
Englewood Schools and help with many of the ir music and theater productions , including sewing of the
cos tumes . She was instrumental in help ing the Englewood School District receive grant funding to
implemen t programs aimed at integrating arts w ith literacy and math . She part ici pated 1n this program as
a teacher at the Englewood M iddle School. Teaching and connecting w ith our youth was som thing Olga
excelled .it and enJoy d . As I know from our conversations , she was seriously considering cont1nu1ng h r
Englewood City Council
November 19, 2007
Page 5
education to get a teacher 's certificate upon her completion on Council. Olga also played a key role in
helping the City realize its vision of Hampden Hall, the performance venue here at the Englewood Civic
Center. These are just a few of the many activities in which Olga was involved . We will mourn Mayor
Wolosyn 's passing for a long time to come , and we are humbled and inspired by her contributions to this
community . It is with deep appreciation for Olga's commitment and tireless efforts on behalf of the
community of Englewood that we present this token of our appreciation to her biggest supporter, her
husband and partner, Jim Doty .
Mayor Pro Tern Woodward presented flowers and a plaque to Mr. Doty . There was applause .
(iii) Mayor Pro Tern Woodward asked the City Clerk to announce the status of the
November 6, 2007 election .
City Clerk Ellis said, 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 and Jill Wilson .
(iv) City Counc il made a determination of the election and qualifications of its
membership.
COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO ACCEPT THE ELECTION
RESULTS OF THE NOVEMBER 6, 2007 ELECTION PRESENTED BY THE CITY CLERK.
Mayor Pro Tern Woodward asked if there was any discuss ion . There was none .
Vote results :
Motion carried .
Ayes :
Nays :
Council Members Barrentine, Mccaslin , Moore , Tomasso , Oakley,
Waggoner , Woodward
None
(v) The new City Council Members we re sworn in by the Honorable Assoc iate Judge
Dav id Sprecace . There was applause .
Mayor Pro Tern Woodward sa id thank yo u Judge Sp re cace .
(vi) Bri ef Re ce pt ion
Mayor Pro Tern Woodward said we are going to have a brief intermission and I invite you all next d oor to
the Community Room for a reception for the re-elected and the new Council members . Thank you .
Council recessed at 8 :10 p.m . for a brief reception .
The meeting reconvened at 8:41 p .m .
(vii) The new members of City Council were seated in temp o rary spaces and Mayor
Pro Tern Woodward, asked the City Clerk to call the roll of the members of the Ci ty Council.
Roll Call
Present:
Absent :
Council Members Jefferson , Moore, Penn , Oak ley, Mccaslin, Wilson,
Woodward
None
Mayor Pro Tern Woodward stated we have a quorum .
(vi11) Mayor Pro Tern Woodward called for nominations for the office of Mayor .
Englewood City Council
November 19, 2007
Page 6
COUNCIL MEMBER McCASLIN MOVED, AND IT WAS SECONDED, TO NOMINATE JIM
WOODWARD FOR THE OFFICE OF MAYOR OF THE CITY OF ENGLEWOOD .
Council Member Moore said I believe Jim will make a fine Mayor for the City.
Vote results:
Motion carried .
Ayes : Council Members Penn, Mccaslin, Moore, Oakley, Wilson,
Jefferson, Woodward
Nays : None
Mr. Woodward said thank you very much . I appreciate this. There was applause .
(ix) Mayor Woodward assumed the Chair .
Mayor Woodward said I am honored and consider this a real privilege . Thank you .
Mayor Woodward called for nominations for the office of Mayor Pro Tern .
COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO NOMINATE JOHN MOORE
FOR THE OFFICE OF MAYOR PRO TEM OF THE CITY OF ENGLEWOOD .
Mayor Woodward asked if there was any discussion . There was none .
Vote results:
Ayes : Council Members Penn, Mccaslin, Moore, Oakley, Wilson,
Jefferson, Woodward
Nays : None
Motion carried . There was applause .
Mayor Woodward said congratulations John . Mayor Pro Tern Moore sa id thank you .
(x) Permanent seating assignments were selected .
(x i) Family members and guests of the new members of City Council were
recognized .
Mayor Woodward said I would like to congratulate the new members of the Englewood City Council and I
would also like to have each member recogn ize and acknowledge their families and guests in attendance
and maybe have them stand up.
Council Member Penn said in the audience is my wife, Debbie, my mother-in-law Janice and my
daughters Kelly, Marcy, Megan and my grandson Bryce, who is not here tonight, and my granddaughter
Sydney and good friend Dennis . Thank you all for coming tonight. There was applause .
Council Member Mccaslin said I want to say one thing ... if it wasn 't for my family and the support that I got
from all my brothers, my Mom and Dad, my wife , my daughter and my grandkids ... I tell you what ... I
wouldn't be here . I really owe it to them . They gave me a lot of support to me when I was down and
even when I was up , so ... as I call your name , would you please stand up . My w ife Linda , my
granddaughter Dakota , my grandson Desmond , my daughter Tonja , my mom Mary , my fathe r Bill , my
si ster -in -law Valerie , my brother John , my sister -i n -law JD , my brother Pat and two of my other brothers
are m is sing . Thank you for co min g , I app reci ate it. There was applause .
Englewood City Council
November 19, 2007
Page 7
Council Member Wilson sa id I just want to thank my fr iends and family, my son Lucas especially and his
w ife Mindy. They were a huge help . Karen was a friend in the neighborhood , a citizen and Al ice , who
helped me tremendously , especially through the ups and downs , so thank you . There was applause .
Council Member Jefferson said I would just like to recognize my girl friend, An ia Rogalska who is here in
the crowd . She was very helpful in getting me elected and was patient with me during th is process . My
mother, Shiou Jefferson, who just left , hopefully many of you had a chance to say hi to he r. .. she also was
very influential. Thank you . There was applause .
6 . Recognition of Scheduled Public Comment
There were no scheduled visitors .
7 . Recognition of Unscheduled Public Comment
There were no unscheduled visitors .
8 . Communications, Proclamations and Appointments
(a) A memorandum from the Board of Adjustment and Appeals Chair John Smith
notifying Council of Gwendolyn Shotwell's verbal notification of resignat ion from the Board of Adjustment
and Appeals was cons idered .
COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION
OF GWENDOLYN SHOTWELL FROM THE BOARD OF ADJUSTMENT AND APPEALS .
Mayor Woodward asked if there was any discussion . The re was none .
Vote results:
Ayes :
Nays :
Mot ion carried .
9 . Consent Agenda
Council Members Penn , Mccaslin, Moore , Oakley , W ilson ,
Jefferson , Woodward
None
(a) Appro va l of Ordinan ces on First Read ing
There were no additional items submitted for approval on first reading . (See Agenda Item 11 .)
(b) Approval of Ord inances on Second Reading
There were no items subm itted for approval on second read ing .
(c) Resolutions and Motions
There were no additional resolutions or motions subm itted for approva l. (See Agenda Item 11 .)
10 . Publ ic Hea ri ng Item s
No publ ic hear ing was scheduled before Counci l.
11 . Ordinances, Resolution and M otions
(a) Approval of Ord inances o n First Reading
Englewood City Council
November 19, 2007
Page 8
(i) Housing Finance Special ist Gr immett presented a recommendat ion from the
Community Development Department to adopt a bill for an ord in ance approv ing the redemp ti on and
subsequent sale of 2397 West Harvard Avenue acqu ired th rough the foreclosure process as defined by
Colorado State Statutes . She said I am here this evening to bring to Council 's attention the fact th at ,
through the Rehab Program , we have acquired a property through the foreclosure process . The
forec losure process is given to lenders that allows them to be able to collect on their debt an d this was a
property where the first mortgage had in itiated foreclosure and as a second mortgage , through our
process and recommendation from our Loan Committee , had recommended that due to the costs
involved , that it was feasible for us to try to redeem the property through our program. We have a
separate fund ... Fund 46 ... that covers these costs . In late October, we we re not if ied by the Public
Trustee's Office that our redemption timeframe had come into play and we had 1 O days to redeem , an d
we did so. The Public Trustee has issued a deed in the City's name under the Housing Rehabilitation
Fund . This comes to Council backwards . It isn't normally how we acquire property , but due to the
timel ines of the foreclosure process , it is always done somewhat backwa rds . So , I am he re this even ing
for Council to acknowledge that we have acquired this property and also authorize for the sale of this
property . It is intended to be sold to a single family that qualifies for their own separate financing and that
w ill be done as soon as we have evaluated the property and made any minor repairs that need to be
done before we market it. Staff will cont inue to carry it and once the property is sold , then the funds w ill
be returned back to Fund 46 . Hopefully , that will happen soon and we won 't be faced with holding
property and hopefully, the market will work with us and we will be able to get it sold qu ickly . Ms.
Grimmett asked if there were any questions .
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11
(a) (i) -COUNCIL BILL NO. 71.
COUNCIL BILL NO . 71 , INTRODUCED BY COUNCIL MEMBER MOORE .
A BILL FOR AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF PROPERTY
ACQUIRED THROUGH THE HOUSING REHABILITATION FUND LOCATED AT 2397 WEST HARVARD
AVENUE IN THE CITY OF ENGLEWOOD , COLORADO .
Mayo r Woodward asked if there was any d iscuss ion .
May o r Woodwa rd sa id I have one question . Approximately how much money do we have into this
property? Ms. Gri mmett sa id currently, with what we redeemed and the balance that is still owed to us, it
is approximately $91,000 .00 . Mr. Woodwa rd sa id $9 1,000 .00 and tha t in cludes th e othe r loa ns th e n?
Ms . Grimmett sai d yes, all the on es that we needed to co ncern ou rse lve s w ith ... cost of red emp tion as
well as our own . There were other liens on this part icular prop erty , but the y ch os e not to act on their
intent to redeem and they were waived, which made it easier for us . Mr. Woodward said okay. Thank
you .
Mayor Woodward asked if there were any other questions .
Council Member Mccaslin said may I ask what kind of shape it is in? Ms . Grimmett said in just doing a
cursory review, it seems to be in good shape . There are a couple minor repairs that really need to be
done . Staff's biggest concern is that it is a little bit on the small side, so we looking at the feasibility of
possibly being able to enlarge it before we actually market it. And, we are hoping to get some additional
marketing informa tion before we make that final decision . Mr . Mccasl in said thank you .
Mayor Woodward asked if there were any other questions .
Council Member Penn said do we list this ourselves or do we go to someone else? Ms . Grimmett said
historically in the past we have tried listing it ourselves and it has not always been the most successful to
do th t. The last time we had some foreclosures in inventory like this , we did interview a number of
r a ltars , lected a realtor that seemed to work well with our program and we were able to get the other
Englewood City Council
November 19, 2007
Page 9
properties sold . So our intention is that we will list it with the same realtor that we had listed with before ,
so that it maximizes the marketing.
Mayor Woodward asked if there were any other questions . There were none .
Vote results:
Ayes :
Nays :
Motion carried .
Ms . Grimmett said thank you .
Council Members Penn, Mccaslin , Moore , Oakley , W ilson,
Jefferson , Woodward
None
(ii) Housing Finance Specialist Janet Grimmett made a 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 Commun ity
Development Block Grant Program . She said I am here this evening l-0 ask you to approve two
Intergovernmental Agreements with Arapahoe County for the reallocation of our 2006 Community
Development Block Grant Funds . The funds were originally issued to the County to support our Housing
Rehab Program . Due to the amount of program income that we received , which we are required to spend
first, we were not able to really meet the initial deadlines of getting that money spent in a timely manner .
The County has accepted our request that we reallocate those funds to two additional programs and two
separate projects were identified . One project is the Paseo project and the second project is a sidewalk
improvement and actual installation project. Both meet the Community Development Block Grant
regulations and we are looking to be able to try to spend those monies on these other two projects , so
that we will not lose the funding . The Paseo Project is initially going to be funded as Phase 1. We
already have a second appl ication in to the County for 2008 money that will fund Phase 2 and hopefully
then we can complete the project. The Paseo Project. .. the one section that we are interested in ... will be
on the west side of Broadway in the 3400 block . It has been an area that the business owners in that
community have identified as less than desirable as far as some of the night time activities that have
taken place and we are hoping that with the basic demolition of the existing landscaping, and the area
that is there, that it will be brought into a safer and more usable space . Phase 1 will just demo and
replace some of the proj ects and get some of the installation involved for lights and Phase 2, which is in
our 2008 application, will complete the project with some of the additional landscaping and the other
items such as benches , lighting and things like that , that will go into the area . So , we are hoping that th is
will make the area much easier to pol ice . Line of sight will be improved in and out , so that no one can be
hiding in any particular area, as it has been reported that they have done . The sidewalk improvement
project is located up in northwest Englewood . It is on the Zuni Street side , which has been identified by
Publ ic Works as an area ... for a long time ... to an infill. It is a piece of the sidewalk that is directly north of
the Alternative High School and it is e igible . It also happens to be close to our Student Build house, so it
was very nice that we were able to d some of that required work by using some of the Federal money,
instead of our own funding, to get the installation of the sidewa lk done . Both of these projects have been
approved by the County Commissioners and that is why you have before you two intergovernmental
agreements that will allow us to complete these two projects by May 31, 2008 . Ms . Grimmett asked if
there were any questions .
Mayor Woodward asked if there were any questions or comments .
Council Member Oakley said I am familiar with both of these areas and these projects are sorely needed .
COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11
(a) (Ii) • COUNCIL BILL NO. 72 .
COUNCIL BILL NO . 72 , INTRODUCE D BY COUNCIL MEMB ER OAKLEY
Englewood City Council
November 19, 2007
Page 10
A BILL FOR AN ORDINANCE APPROVING AND AUTH OR IZ IN G T H E EXECUTION OF TWO
INTERGOVERNMENTAL SUBGRANTEE AGR EE MENT S FOR THE REALLOCATION OF FUNDS
FROM THE 2006 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(CDBG) BETWEEN THE ARAPAHOE BOARD OF COUNTY CO MMISSIONERS AND THE CITY OF
ENGLEWOOD, COLORADO .
Mayor Woodward asked if there was any furth er d iscus Ion .
Mayor Woodward said I am excited about th e Pasco proi ec t in downtown Englewood. I think that will
make a difference down there and I am glad we Aro ab l to uso CDBG funds for that.
Mayor Woodward asked if there wer e any othor commen ts. Thore w ere none.
Vote results:
Motion carried.
Ayes : Council M mbors P nn , Mccas lin, Moore , Oakley, Wilson,
Jefferson , Woodw rd
Nays : None
Ms . Grimmett said thank you .
Mayor Woodward said thank you Janet.
(b) Approval of Ord inances on Second Readi ng
There were no items submitted for approval on second re ading .
(c) Resolutions an d Motion s
(i) M yor Woodw rd said we have before us, a resolution to designate funds as
those funds in which appropriati ons sha ll not lapse as required in Article X, Part I, Sect ion 94 , of the
Charter of the City of Eng l wood .
Director Gryglewicz pr s nt d r commendation from the Finance and Adm inistrative Services
Department to ap prove a ro olut1on designating the Capital Projects Fund, the Conservation Trust Fund,
and the Open Space Fund a p rmanent improvement funds fo r accounting purposes . He said prior to
November 6 1
h of this ye r. II oppropnations for funds in the City, other than the Public Improvement
Fund. lapsed a t y ar nd On Nov mber 6m, voters approved 3307 to 1513 to approve a Charter change
allowing Council to d ,gnat fund fo r wh ich funds would not lapse and those funds before you are : the
Capital Projects Fund , tt, Con rvation Trust Fund and Open Space Funds . Those were funds that did
not exist when the Ch rt r was first adopted . We now use those to account for Capital Projects and
permanent im provom nt nd th Charter change allows for Council to des ignate those .
Mayor Woodward ask d If th re were any questions for Frank . There were none .
COUNCIL MEMBER MOORE MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11
(c) (i) • RESOLUTION NO. 100 , SERIES OF 2007 .
RESOLUTION NO 100 , SERIES OF 2007
A RESOLUTION DESIGNATING THE CAPITAL PROJECTS FUND, THE CONSERVATION TRUST
UNO AND TH OP N SPACE FUND AS FUNDS FOR PERMANENT IMPROVEMENTS FOR WHICH
APPROPRIATIONS SHALL NOT LAPSE AT THE END OF THE FISCAL YEAR.
0
Englewood City Council
November 19, 2007
Page 11
Vote results:
Ayes : Council Members Penn , Mccasl in , Moo re , Oakley , Wilson ,
Jefferson, Woodward
Nays : None
Motion carried .
Mayo r Woodward sa id thank you Frank .
(ii) Fleet Manager White and Streets Manager Montgomery presented a
recommendat ion from the Publ ic Works Department to approve, by motion , the purchase of three , fou r-
yard freightliner dump trucks from Transwest through Englewood's current internet bid request , Bid Net
No . I BF -07 -105, in the amount of $311 ,778 .00 . Mr. White said these funds are available in the Cap ital
Equipment Replacement Fund . These trucks were actually slated for replacement in 2008 , but we have a
current bid out and we have a price guarantee , to guarantee 2007 prices, if we order them before the first
of the year . We wouldn't pay for them though until 2008 . With these, through our ongoing fleet utilization
study that we are doing , one of the th ings we've tried to do is identify where we can extend the life on
vehicles and do some different things with these trucks. The previous trucks are gasol ine powered and
the new dump trucks will be diesel powered , which should enable us to have a little bit longer life . The
other thing that we are doing with these is we are recommending that we put stainless steel boxes on
them . Usually the boxes deteriorate due to the salt and sand , but with the stainless steel boxes , we
should be able to extend their life . Currently, those vehicles are being replaced at 8 years , we are
proposing to extend them to 12 years, which will enable us to snow plows .
Council Member Mccaslin said what year are the trucks ? Mr . Wh ite sa id the o n es that are being
replaced ? These trucks are 8 years old . Mr . Mccaslin sa id okay .
Council Member Oak ley said anything that would get these two gentleman up before us at a Counc il
meeting is deserving of deep considerat ion . There was laughter. But I do have to say that be ing involved
in this for years , this makes a lot of sense .
COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11
(c) (ii)-TO PURCHASE THREE, FOUR-YARD FREIGHTLINER DUMP TRUCKS FROM TRANSWEST
IN THE AMOUNT OF $311,778.00.
Ma yo r Woodward ask ed if there were any oth er co mments or qu es tion s .
Mayor Woodward said I d o have one question . When would we take delivery on these? Mr. White said
they would be delivered in roughly six months .
Mayor Woodward asked if there were any other questions .
Mr . Montgomery said the plows that we are replacing were bought in 1982 ... so they are pretty well wore
out. So that is why we will replace the snowplows on the next six dump trucks that we buy ... these three
and hopefully another three when they come due.
Vot e results:
Ayes :
Nays :
Motion carried .
12 . General Discussion
(a) Mayor's Cho ice
Council Members Penn, Mccaslin, Moore, Oakley, Wilson ,
Jefferson, Woodward
None
Englewood City Council
November 19, 2007
Page 12
(i) Mayor Woodward said I would like to say again that I find that it is a privilege and
an honor to be selected by my fellow Council members to act as our City's Mayor. And, I commit that I
will do everything in my power and all that I can do for our City . Thank you .
(b) Council Members ' Choice
(i) Council Member Penn said this really will be a new chapter in my life and I am
excited about it. I would like to thank everybody who supported me . Of course, my family did an awful lot
of work . You know it is just that I have not done anything for the City of Englewood other than probably
teach and raise half the kids and the parents here . So, it will be a new side for me and I can't wait to get
started . Thank you .
(ii) Council Member Mccaslin :
1. He said I think the selection of Mayor and Mayor Pro Tern ... you guys weren't privy to the
discussion but it was a very good discussion . It was the toughest decisions we have had to make in a
long time . I think both of these gentlemen will do fine jobs . I have the utmost respect for both of them . If
I haven't told them once, I'll tell them again, I appreciate what they have done for the City and what they
will continue to do for the C ity . Thank you both for serving us . I appreciate it.
2 . He said I thank my family for being supportive of me . Thank you .
(iii) Council Member Moore said I would like to welcome Randy , Jill and Joe and
congratulate Bob on the elect ion . I do look forward to work ing with this Council for the next two years .
Eve ry two years presents quite a change , whether it is one or many and it is always a lot of fun follow in g
a new experience . So , congratulations to all of you and, again, I look forward to the next two years .
Thanks .
(iv) Council Member Oakley said I would just like to say that the Mayor and Mayor
Pro Tern are highly qualified for their respective positions. I've got a good feeling about this Council. As I
look down the line , I want to welcome the new members and look forward to work ing w ith you .
(v) Council Member Wilson said I look forward to working with everyone and it is
go ing to be quite a challenge , but I have met a lot of great people in the community. I have had the
support of family and friends and I feel v ery gifted that I have been g iven this oppo rtunity. Thank you .
(vi) Council M ember Jefferson said I would just like to say thank you to all the folks
who supported me and voted for me and I will be working hard to do what's best for Englewood . I, too,
am looking forward to working with the rest of Council. And, I also agree that we do have some good
leadership in place . Thank you .
13 . City Manager's Repo rt
(a) City Manager Sears said normally we put information in the packets so you can take a
look at it and I think the Council is familiar with that. Again, I want to bring your attention to the fact that
we found out today from Brad Anderson, Facilities Manager at Pirates Cove, that KHOW is going to be
there tomorrow to do a special. They have done some setup type of th ings . It will be from 9 until noon
and it sounds like a lot of fun . So, if you actually hear about that or if you are down there, I just want to let
you know that was going on .
(b) City Manager Sears said there was a memo in the packet from Rick Kahm and I just
wanted to make sure that Council is aware of it. Rick mentioned about funding on our median project on
South Broadway. The delay, in a letter from our Denver Regional Council of Government about why it
wa s be in g delayed and Rick , in h is letter , k ind of responded to that. I would like Rick to j ust spend a
Englewood City Council
November 19, 2007
Page 13
second to talk about that , so tha t Council is awa re , as is the publ ic , about what is happen ing to that
critical project.
Director Kahm said sure , I would be happy to talk to you about it. We were notified in a letter dated
October 30 1
h by DRCOG that we were two years behind on that particular project. This median project
was originally applied for and awarded by the Council of Govern ments to the City in 2003 . And on e th ing
you need to understand about those federal a id projects is that , even though DRCOG does the
applications and awards the projects , all that money that comes into Colorado , to all the c ities , comes
through the State, through the Department of Transportation . And so , everything we do on a project like
that has to be approved every step of the way by the State . This project had been delayed once befor e
and on the second page, you will notice when you have a chance to look at that, we had last years act ion
plan dates and we went to DRCOG and sa id here is the dates that we are go ing to meet. And bas ed on
that schedule , we intended that we would have ou r design complete , we would be advertis ing th a t work
May-June of 2007 . The explanation for the delay that we give back to DRCOG, which they have
accepted , is that we, in fact, interviewed our consultants on time , our selection committee recomme nded
a design consultant on time, COOT did a review and concurrence to award the design contract ... it took
two months . As soon as we had that , the Englewood City Council awarded the design contract at th e
very next meeting , once we had State approval. We issued our notice to proceed immediately aft er the
Council award . The plans were complete on July 25, 2006 . COOT did their final review meet ing on
September 6, 2006 and as of th is date, they still haven 't given us permiss ion to go ahead and ad vertise
the project. But , we do expect that we will get that shortly and we still anticipate build ing thos e m edians
in the spring and summer of 2008. So, we are fine .
City Manager Sears said , aga in , I th ink we are mov ing ahead . We we re ki nd of surprised to see that
lette r, but I th ink we are work ing w ith COOT . We w ill ke ep yo u informed on the status .
Director Kahm said I th ink as time goes on , we will see , on proj ects , more of th at. Because I think th
time has come where we are going to have to sta rt pay ing for the war . There are fe wer an d fe wer doll rs
com ing out of Washington for these types of projects . I know that we have been dela yed a little bit . We
have two bridge projects ... one at the golf cou rse and one at Dartmouth ... th at ha ve been approved and
that funding is also slow in coming , but I th ink it will be there , it w ill j ust b e de la yed a li ttl e bi t .
(c) City Manager Sears sa id I also wanted to say congra tul a tion s, from myself nd taff, to
the new Counc il members and ex ist ing Cou nci l membe rs. W e are look ing forward to working with you . I
th ink we had a co upl e of good to urs . Hop efully, that will continue but we w ant to make sure that Council
knows that our missi o n is to stay res po nsive to Council and Council's concerns . So , congratulat ions
(d) City Mana ger Sears said I would like to remind you that Council will have the ir picture
taken, for the 2008 calendar, at the end of the meeting .
14 . City Attorney's Report
(a) City Attorney Brotzman said I do have a request for a motion appointing Marn i N athan
Kloster, of Nathan, Bremer , Dumm & Myers , P .C., to assist on Collection of our Default Judgm nt against
W ide Band Communications . This is the police radio case . We have returned the r dio as th y didn't
function . We now have new radios . Wide Band was the agent that sold the radio to us and W1d Band
seems to have disappeared ... that is why we are looking to Marn i ... that is what M rni do . W hav
done business with her father on a variety of cases . Marn i is a Coll ction attorn y to h Ip us find th
assets, if there are any . And what she will let us know up front is, i it worth pur u1ng 1t. That I th fir t
thing she is going to look at. We did the lit igation . We got the default 1udgm nt. W JU t Imply don 't
have that level of knowledge on collections to chase down a comp ny th t d1 pp r d on u .
COUNCIL MEMBER MOORE MOVED , AND IT WAS SECONDED , TO APPROVE THE CITY
ATTORNEY'S REQUEST TO APPOINT MARNI NATHAN KLOSTER TO ASSIST IN THE
COLLECTION OF DEFAULT JUDGMENT AGAINST WIDE BAND COMMUNICATIONS .
Englewood City Council
November 19, 2007
Page 14
Mayor Woodward asked if there was any discussion . There was none .
Vote results:
Ayes :
Nays :
Motion carried.
Council Members Penn, Mccaslin, Moore, Oakley, Wilson,
Jefferson, Woodward
None
*****
Council Member Oakley said I thought I was done but when Rick was speaking about the problems that
he had with the State and holding up monies on his South Broadway project, it goes back to the
statement Ray made earlier in the evening about the State looking for ways of saving money and talking
about turning over the maintenance of State highways to the cities ... which in my opinion would be an
absolute disaster. Take a street like Santa Fe, three or four jurisdictions right here ... Englewood, Littleton,
the State ... one would plow up to their stop, then the next one would plow to theirs . That would mean
there would be stretches of highway that would be going unplowed for any given amount of time . Why
the State is even considering this, I don't know, but it would be an absolute disaster for us . I want
everybody to remember that.
City Manager Sears said just to respond . I know Rick is on top of that. We do have a relationship with
CML and we will try to provide you any updated legislation, so that Council, if it does go forward, can
continue to lobby legislators.
(b) City Attorney Brotzman said welcome to the new Council members and congratulations .
15 . Adjournment
WARD MOVED TO ADJOURN . The meeting adjourned at 9:17 p .m .
ENGLEWOOD DEPARTMENT OF SAFETY SERVICES
CERTIFICATE OF COMMENDATION
IS HEREBY PRESENTED TO
LEE SALAZAR
On two separate medical emergencies, Mr. Salazar intervened and administered first aid to the patients
prior to the arrival of EMS personnel. His prompt actions contributed to the successful recovery of the patients.
Mr. Salazar's willingness to become involved is hereby recognized and commended.
rVl.~
12A>3/0'7
-
ood Beau tif u I
TO: Mayor Woodward and Members of City Council
. FROM: Holly Montague, Chair
DATE: December 1, 2007
SUBJECT: Resignation of Jeff Rovner
Prior to the Keep Englewood Beautiful October 2007 meeting, Jeff Rovner verbally
notified Audra Kirk that he was resigning from the commission. He has not attended
the last 3 meetings. As of today's date we have not received a written resignation
from Mr. Rovner
We would like to request that Council accept Mr. Rovner's verbal resignation,
effective immediately.
Thank you for your consideration .
/alk
cc: Gary Sears
Da n Brotzman
aa
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
December 3, 2007 11 a i Restaurant Contract Golf Course
Initiated By: Staff Source:
Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation
Bob Spada, Golf Operations Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
2006 Approval of Revised Restaurant Contract -Caddie Shack, LLC.
2004 Approval of Restaurant Contract -Caddie Shack, LLC.
2000 Approval of Restaurant Contract -Reif Golf, Inc.
1996 Approval of Restaurant Contract -JOQ's Corporation
1988 Approval of Restaurant Contract -Anderson /Malloy, Inc., D .B.A .-Woody's Club
1986 Approval of Restaurant Contract -Mur-James Corporation
1982 Approval of Restaurant Contract -2 101 Corporation
RECOMMENDED ACTION
Staff recommends City Council adopt a Bill for an Ordinan c e approv ing the Golf Course Restaur ant
Concessionaire Agreement between the City of Englewood and Dadiotis Golf Enterprise s, LLC.,
formerly Caddie Shack, LLC.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The C ity of Englew oo d has approve d a prop erty l ease agreement wi th th e Sh eridan Redeve l o pm ent
A ge ncy and Mill er W ein ga rt en. A s pa rt of th is agr ee m ent, th e front nin e hol es of the ex istin g go lf
co urse, driving ra nge an d the Par 3 Cou rse are in t he proces s of be ing reb u ilt. Th e golf course will
be limited to 9 holes until May 2008.
The Englewood Golf Course has provided a restaurant concession at the existing clubhouse since
1982. Caddie Shack, LLC. took over the operation in October 2004. They have provided excellent
guest services and a consistent, quality food product. Caddie Shack, LLC., now Dadiotis Golf
Enterprises, LLC., committed to the City of Englewood to provide quality services and food during
the time of construction knowing it would be very difficu lt financially. In 2006, City Council
approved a revised contract with Caddie Shack, LLC. to assist their restaurant operations during the
c onstruction period.
FINANCIAL IMPACT
The Englewood Golf Course is an Enterprise Fund. Therefore, there will be no financial impact to
the City of Englewood's General Fund. The City of Englewood has a formal agreement with Miller
Weingarten ti · '\t addresses the City's financial detriment during and after the construction period.
LIST OF ATTACHMENTS
Bill for an Ordinance
(
ORDINANCE NO .
SERIES OF 2007
BY AUTHORITY
COUNCil., Bll.,L NO. 69
INTRODUCED BY COUNCIL
MEMBER -------
ABil.,LFOR
AN ORDINANCE APPROVING THE GOLF COURSE RESTAURANT CONCESSIONAIRE
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND DADIOTIS GOLF
ENTERPRISES , LLC , FORMERLY CADDIE SHACK, LLC .
WHEREAS , the purpose of this Agreement is to provide snack bar, grill and bar services to
the golfing public and a quality , full-service restaurant facility offering breakfast, lunch and
dinner for group meetings, service clubs and informal evening dining;
WHEREAS , the Englewood City Council selected Caddie Shack as the Concessionaire to
operate the Englewood Golf Course Clubhouse restaurant by the passage of Ordinance No. 53 ,
Series of 2004 ; and
WHEREAS , the City of Englewood, was approached by Miller Weingarten Realty on behalf of
the Sheridan Redevelopment Agency in 2004 regarding the proposed redevelopment plan for the area
west of South Santa Fe Dri v e, between Hampden and Oxford Avenues and the Englewood C ity
Council approved a property lease agreement with the Sheridan Redevelopment Agency and Miller
Weingarten; and
WHEREAS , due to the renovation of the golf course and the significant reduction in golf play in
2006, the Englewood City Council approved a revised contract for the current restaurant
concessionaire which allowed the restaurant to cont inue operations during the golf course
construction period by the passage of Ordinance No . 48 , Series of 2006 ; and
WHEREAS , Caddie Shack LLC, the current conce ssionaire, is changi ng the name of the busine ss
to Dadioti s Gol f Enterprises , LLC ; and
WHERE A S, the passage of thi s p roposed Ordinance will approve a new Golf Co urse Restaura nt
Concessionaire Agreement between the City and Dadiotis Golf Enterprises , LLC ; and
WHEREAS , the Agreement is for a one year period with two one year renewals at the option of
the Concessionaire and two additional optional one year periods by agreement of both parties;
NOW, THEREFORE, BE IT ORDAINE D BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOW S:
Section 1. The City Council of the City of Englewood , Colorado, hereby authorizes and approves
the Golf Course Restaurant Concessionaire Agreement , attached hereto as Attaclunent 1.
Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said Golf
Course Restaurant Concessionaire Agreement on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 3rd day of December, 2007 .
Published as a Bill for an Ordinance on the 7th day of December, 2007 .
James K. Woodward, 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 3rd day of December, 2007 .
Loucrishia A. Ellis
AGREEMENT
THIS AGREEMENT, hereinafter called "Lease", made and entered into this of
--------' 2007 , by and between the CITY OF ENGLEWOOD, a Colorado
municipal corporation, hereinafter referred to as "City", and DADIOTIS GOLF ENTERPRISES ,
LLC., hereinafter referred to as "Concessionaire";
WITNESSETH :
WHEREAS , the City owns certain real property which is now operated as a municipal golf
course, hereinafter called "Golf Course", and located in the City of Sheridan; and
WHEREAS , City and Concessionaire desire to enter into a lease for the management of the
restaurant and lounge located at 2101 West Oxford Avenue, Sheridan, Colorado 80110 ;
NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter appearing
and of the payment of the monies hereinafter set forth , the parties hereto agree as follows:
Section 1. STATEMENT OF INTENT .
The purpose of this Lease to provide snack bar, grill and bar services to the golfing public
and a quality, full-service restaurant facility offering breakfast, lunch and dinner for group
meetings , service clubs and informal evening dining.
Section 2 . GRANT.
The City hereby leases to Concessionaire the portion of its golf clubhouse presently used as
its restaurant concession, together with the improvements thereon, located at 2101 West
Oxford Avenue, Sheridan, Colorado 80110 , for the purposes of serving food and beverages,
including alcoholic beverages.
Section 3. DEFINITION OF PREMISES .
The "Leased Premises" as re ferred to herein is defined to be the golf clubhouse restaurant
and lounge which is owned by the City of Englewood, Colorado . [See Exhibit "A"]
Proposed food and beverage operations shall also be allowed on the golf course. Nothing
herein gives Concessionaire any right to interfere with or participate in the operation of the
Golf Course as a golf course, i.e. fairways and greens, Pro Shop, and all other golf course
operations.
Section 4 . TERM OF AGRE EM ENT.
This Lease shall not b e effective until Concessiona ire has obtained a li quor licens e to
dispense alcoholic beverages pursuant to C.R .S. 12-47-101 et. seq. From the date of si gnature
until the liquor license is auth orized by th e pro p er officials, this Lease shall b e considered an
Option to Lease that may not be terminated by eith er party, except that if the Liquor License is
not granted and in operation on or before January 1, 2008. The City h ereby grants to
Cance ionaire the right to hold the Leased Premises pursuant to the tentlS of th is Lease for a one
( 1) year lea e with two (2) one ( 1) year renewals at the option of the Concessionaire and with two
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(2) additional optional one (1) year periods by agreement of both parties. The Ci ty reserves the
right to accept, modify, or reject said written proposal. If the Concessionaire intends to renew the
contract they must inform the Director of Parks and Recreation ninety (90) days prior to
termination of the lease . The City shall inform Concessionaire of its decision through the
Director of Parks and Recreation.
Section 5. USE OF THE PREMISES.
Concessionaire shall have the right to possession of the Leased Premises for the purpose of
serving food and/or beverages , including alcoholic beverages, for consumption on the golf
course. However, nothing in this Lease shall be construed to authorize that which is
prohibited under United States , State or local law , ordinance, code or regulation. The
Leased Premises shall be used by the Concessionaire for the purveying of alcoholic
beverages, as the same may be authorized by and regulated under the Colorado Liquor
Code, C.R.S. 12-47-101, et seq., and for the operation of a restaurant. Concessionaire shall
operate the Leased Premises in a careful, safe, quiet, orderly, and businesslike manner.
Concessionaire shall not use or permit the premises to be used for any purpose that is
prohibited under the laws of the United States, statutes of the State of Colorado, or
ordinances, regulations or codes of the City of Englewood or the City of Sheridan.
Concessionaire shall provide food and/or beverages including alcoholic beverages on the
golf course through the use of concession sheds, beverage cart(s) or a combination thereof.
Operation time and use of the concession sheds and beverage cart(s) shall be provided by
the Concessionaire and shall be approved by the City Manager or designee in the same
manner as Section 8. Use of beverage cart(s) shall follow the same rules and regulations as
golf course rental carts . Concession shed design shall be approved by the City Manager or
his designee. Use of beverage carts shall not interfere with the operation of the golf course .
Service to the golfers on the course shall be reviewed by the City Manager or his designee
every six (6) months.
Entertainment of any nature that Concessionaire proposes on the premises shall be subject
to prior approval by the Englewood City Manager or his designee, which approval shall not
be unreasonably withheld. If the City determines any entertainment to be objectionable,
City shall notify Concessionaire in writing thereof and Concessionaire shall terminate said
entertainment immediatel y.
Section 6. EXCLUSIVE RIGHT TO USE PREMISES.
City hereby grants to Concessionaire the exclusive right to use the Leased Premises to
operate a restaurant and to purvey alcoholic beverages. Use of vending machines by the
Concessionaire must be approved by the City Manager or designee . The City may use
outside food vendors for certain special events such as Junior Golf, Golf 4 Fun, etc. This
will be done on a limited basis as requested by the Parks & Recreation Director or his
appointee.
Section 7. MENU.
The Concessionaire shall provide an attractive menu for breakfast, lunch, and evening
meals listing meal items, beverages available and current pricing. Menus, pricing and
change to menus or pricing of menu items shall be reviewed and approved by the City
Manager or hi de ignee .
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Section 8 . HOURS OF OPERATION.
a) From May I st through September 30th of each year, the Concessionaire shall operate
the restaurant facility seven (7) days per week and during these months shall be open
each day to serve meals to the public from one-half hour before dawn and shall
remain open until at least 10 :00 p.m.
b) During the months of October 1st through April 30th of each year, the
Concessionaire shall operate the restaurant facility seven (7) days per week and
during these months shall be open each day to serve meals to the public at dawn and
shall remain open until at least 8:00 pm.
c) Beverage cart(s) must be provided seven (7) days per week and two (2) beverage
carts are required for larger tournaments (60 participants or more), weekends and
holidays. Hours of operation, including the hours of concession shed and beverage
cart operation, may be modified with written approval from the City Manager or his
designee.
d) Beverage cart operation (including concession shed) needs to service the 18-hole
regulation course and the Par 3 course. During the months of June, July and August
and on Friday, Saturday and Sunday, two (2) beverage carts are required.
e) Sunday closing at 8:00 p.m. is permitted. Nothing herein shall b e construed as
prohibiting the Conces sionaire from being open for other hours in addition to those
stated in paragraphs "a " and "b" abov e . Restaurant may close on Christmas Day.
f) Concessionaire agrees to cooperate with the Golf Course Manager in scheduling golf
meetings and events that involve use of the grill, meeting room and dining room. In
the event of any disagreement, the matter shall be referred to the City Manager or his
designee.
Section 9 . MAINTENANCE, REPAIR AND REPLACEMENT.
1. The Concessionaire shall be res ponsi ble for repairs and/or r eplacement of sma ll
a pplianc es , dishes, glass es , silverware, and other equipment and mis cellaneou s
cooking pots, pans and utensils. [See Exhib it B ]
ii. The City shall be responsible for the selection of the contractor for
maintenance, repairs and replacement of the stove, grill and oven, hood and fire
suppression system, deep fat fryer, sinks, grease trap, drains, cabinets,
dishwashers, freezer, walk-in cooler, bar refrigerat ion, furnit ure, and snack bar
cooler.
The first expense of any contractural maintenance costs will be paid by the
Concessionaire as follows:
2008 : $1750
2009: $1750
2010: $1750
2011 : $3500
2012: $3500
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Thereafter, the City shall be responsible for all additional costs , unless such
cost is due to negl igence or other acts by Concessionaire or employees of
Concessionaire.
g) Concessionaire and or the City may temporarily close the restaurant facility for
cleaning, construction and maintenance under a mutually agreed upon schedule .
SECTION l 0 . CLEANLINESS GUIDELINES .
The Concessionaire will maintain, at all times , the kitchen , food preparation, dining and
banquet areas , all equipment , fixtures, paraphernalia, materials, utensils and other items
there in, in a clean and sanitary manner, polished and waxed to the highest degree possible.
Concessionaire shall keep the concession facilities clear of broken glass , debris , and
garbage . Concessionaire shall dispose of any waste water or other waste fluid in the
sanitary sewer. In the event waste fluids may not legally be disposed of in the sanitary
sewer, then Concessionaire is responsible for disposing of same in an appropriate and
lawful manner . Concessionaire shall comply with all applicable health and sanitation laws
and regulations in effect where the food/beverage areas are located. The Concessionaire
shall permit and facilitate inspection of the food/beverage areas by the City and its
representatives and by public health/sanitation/building/fire authorities so authorized at all
times .
The following shall establish the minimum sanitation guidelines for the Concessionaire:
a) The Sanitation Code of the U .S . Food Service Industry as published by the National
Restaurant Association .
b) All State of Colorado Acts and Regulations governing food service operations .
c) All applicable County Public Health/Sanitation Regulations.
d) All applicable Federal Government Acts and Regulations .
e) An y spec ific gu id elines established by the Manag er .
SECTION 11 . SANITATION REG ULATION AND JOB INSP ECTION .
a) Informal inspections of the food service facilities are to be conducted weekly by the
Concessionaire. An inspection checklist is to be prepared and complett!d by the
Concessionaire for each inspection, and said checklists are to be made available to
the City upon its request. A complete report of corrective measures taken or to be
taken for any deficiencies noted should accompany the inspection report .
b) Infomial inspections of the foo d service facilities are to be conducted daily by the
Concessionaire with immediate corrective measures taken for any deficiencies noted .
c) Fonnal inspections of the food service facilities are to be conducted a minimum of
two (2) times per year, by the City 's de ignated representative , accompanied by the
oncessionaire .
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Section 12 . RENT .
a) Concessionaire shall pay rent to the City in accordance with the following schedule:
i. Commencing on January 1, 2008 Concessionaire shall pay $1 ,000 per month
or $12,000 per year with the assumption the golf course opens on May 24,
2008. And shall be prorated upon the opening date of the Golf Course
[ estimated date of June 1, 2008] If the golf course opening is delayed until
July 1, 2008 , the concessionaire would get a $3 ,000 reduction in rent instead
of$1 ,714 .
n. Commencing on January 1, 2009 , Concessionaire shall pay $2166.67 per
month or $26,000 per year .
iii. Commencing on January 2010 and for each remaining year on the contract,
the Concessionaire shall pay $3 ,000 per month or $36 ,000 per year.
The aforesaid fixed rent payments shall be paid each month, in advance, on the
first day of each month or on the first Monday of each month if the first day
falls on Saturday or Sunday .
A penalty fee of $10.00 per day or part thereof shall be charged for each day or
part thereof that the rent is past due, until 12:00 midnight on the 14th day past
due. If the rent payment is not received by midnight on the 14th day past due,
the Concessionaire shall be in violation of the terms of this Agreement, and
subject to termination .
Section 13. UTILITIES.
City shall provide all utility costs for operation
Section 14. JANITORIAL SERVICE AND TRASH REMOVAL.
City shall be responsible for the reasonable cost of trash remo val and janitori al service for
th e Leased Premi ses . N othing in this Paragraph shall dimi ni sh the Concessionaire 's
requirements set forth in Paragraph s 10 and 11.
Section 15. PARKING FACILITIES.
a) The existing parking facility adjacent to the R estaurant concession (hereinafter called
"parki ng faci lity") shall be open for use by Concessionaire and its customers; such
right ofu se o f the said parking fa cilities shall b e non-exclusive ri ght.
b) City shall at its own ex pense mai ntain th e parking facility, which shall include snow
remova l when necessary.
Section 16 . PHYSICAL FACILITY AND EQUIPMENT.
City agrees to provide space, fixtures, equipment and furniture for an equipped kitchen, bar,
lounge area , grill, nack bar and two dining/meeting room . Concessionaire agree not to
5
move existing partitions separating dining area and meeting room without the written
permission of the City Manager or his designee.
Section 17. ADDITIONAL FACILITIES AND EQUIPMENT.
Concessionaire shall have the right to install additional facilities and equipment with the
consent of the City Manager or his designee . Said facilities and equipment shall become
the property of the City upon the termination of the lease.
Section 18 . SECURITY.
Concessionaire is responsible for the obtaining of theft insurance covering all food, liquor,
and other supplies and personal property of Concessionaire. Such policies shall contain no
right of subrogation against the City. Concessionaire shall provide a copy of the policy to
the City Manager or his designee .
Section 19. PERSONNEL.
a) Concessionaire shall at its own expense employ such qualified personnel as may be
necessary for the concession operation and shall require all personnel to be clean,
polite, and courteous in their transactions with the public.
b) Concessionaire shall give personal supervision and direction to the operation of the
concession and, when absent, keep competent personnel in charge.
c) City shall not be responsible for the wages or salaries of any employee or
representative of Concessionaire, nor for any debts, liabilities or other obligations of
Concessionaire.
d) Neither the Concessionaire nor the employees who perform services pursuant to the
Agreement shall be considered employees, servants or agents of the City of
Englewood as a result of the performance of services under the Agreement.
e) Violence and acts prohibited by law committed by Concessionaire or employees of
Concessionaire shall cause immediate termination of the Lease.
f) All concession personnel are responsible for the safe use and proper maintenance of all
kitchen equipment. Concessionaire is responsible for training personnel on all kitchen
equipment operations and maintenance.
Section 20. LICENSES AND PERMITS .
Concessionaire, at its own expense, shall secure any and all licenses and permits for food
services and purveyance of alcoholic and non-alcoholic beverages. Concessionaire agrees
to promptly initiate an application and obtain a Hotel and Restaurant Liquor License
pursuant to C .R .$. 12-47-101 et seq. Concessionaire shall have the responsibility of the
enforcement of all liquor laws and regulations on the premises.
once ionaire hall re imbur e the ity ti r all licen e fee it has paid to Sheridan and the
State of o lorado .
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Section 21 . COMPLIANCE WITH STATE AND CITY HEALTH CODES .
Concessionaire shall keep all concession areas in a clean and sanitary condition at all times
and shall comply with all State , County and City health laws relating to the dispensing of
food and beverages.
Section 22. INSURANCE/INDEMNIFICATION .
a) Concessionaire agrees to furnish to City a performance bond or a cash deposit in the
amount of Ten Thousand Dollars ($10,000 .00) guaranteeing faithful perfonnance by
Concessionaire of all tenns, covenants, and conditions herein contained and
compliance with applicable City ordinances. Said bond shall be furnished as of the
date of execution of this Lease .
b) Concessionaire shall at Concessionaire's own expense keep in full force and effect
during the term of this Lease statutory Worker's Compensation coverage. A copy of
the certificates of insurance shall be sent to the City in care of the purchasing
division.
c) INDEMNIFICATION. Concessionaire agrees to indemnify and hold harmless the
City of Englewood, its officers, employees, insurers, and self-insurance pool , from
and against all liability, claims, and demands , on account of injury, loss or damage,
of any kind whatsoever, which arise out of or are in any manner connected with
Concessionaire, if such injury, loss , or damage is caused in whole or in part by the
act , omission, or other fault of Concessionaire, or any officer or employee of
Concessionaire . Concessionaire agrees to investigate, handle, respond to , and to
provide defense for any such liability, claims, or demands at the sole expense of
Concessionaire, and agrees to bear all other costs and expenses related thereto ,
including court costs and attorney fees , whether or not any such liability, claims , or
demands alleged are groundless, false, or fraudulent.
d) INSURANCE.
i . Concessionaire is to procure and mainta in , at its own co st , a policy or policies
of insurance suffic ient to insure against all obl ig ations assumed by
Con cessionaire pursuant to this Lease.
ii. Concessionaire shall procure and continuously maintain the minimum
insurance coverage's lis ted below, with the forms and insurers acceptable to the
C ity of En glewood . In the case of any claims-made policy, the necessary
retroactive d at es and ex tend ed re po rt ing p eriod s shall be procured to maintain
such continuous coverage .
(A) Gen eral li abili ty and err ors and omi ssions insurance wi th minimum
li mits of one mi lli on dollars ($1,000,000) per each person and one
m ill io n do ll ars ($1,000,000) per each occurrence, plus an additional
amount sufficien t to pay re lated attorney ' fees and defense cost .
(8) Liquor Lega l Liability Insurance, with minimum limits of S 1,000 ,000
for injury or death of any one person; $1 ,000 ,000 for injuries or death
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occurring as a result of any one accident ; $1 ,000,000 for property
damage ; and $1 ,000,000 for products liability . A certificate
evidencing said insurance policies shall be kept on file with the Clerk
of the City and the City Purchasing division and shall have a provision
that the same shall not be altered, amended, or canceled without first
giving written notification thereof to the City thirty days prior thereto .
Concessionaire further agrees to indemnify the City for any claims
brought against the City because of or on account of Concessionaire 's
operation.
iii. Fire and Extended Coverage Insurance shall be provided by the City on the
Club House building, and extended buildings included in Leased Premises,
only. Concessionaire shall be solely responsible for securing and paying for
insurance coverage on those improvements and contents belonging to
Concessionaire located in or on the Leased Premises . Concessionaire hereby
expressly waives any cause of action or right of recovery which Concessionaire
may hereafter have against City for any loss or damage to Leased Premises or
to any contents or improvements thereto belonging to either party, caused by
fire or explosion.
iv. The policies required above shall be endorsed to include the City of Englewood
and the City of Englewood's officers and employees as additional insured.
Every policy required above shall be primary insurance, and any insurance
carried by the City of Englewood, its officers , or its employees, or carried b y or
provided through any self-insurance pool of the City of Englewood, shall be
excess and not contributory insurance to that provided by Concessionaire.
v . The certificate of insurance provided to the City of Englewood shall be
completed by the Concessionaire's insurance agent as evidence that policies
providing the required coverage's, conditions, and minimum limits are in full
force and effect, and shall be reviewed and approved by the City of Englewood
prior to commencement of the Agreement. No other form of certificate shall
be used . The certificate shall identify this Agreement and shall provide that the
coverage's afforded under the policies shall not be canceled, terminated or
materially changed until at least 30 days prior written notice has been given to
th e City o f Englewood . The compl eted certifi cate o f in su rance sha ll be sent to:
City Clerk
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
A cert ified copy of any policy sh a ll b e provi ded to th e City of Englewood at its
request. A copy of the certificates of insurance shall be ent to the City in care of the
Purchasing D ivision, 2800 South Pl atte River Drive, Englewood, Colorad o 801 10.
vi. The parties hereto understand and agree that the parties are relying on, and do
not waive or intend to waive hy any provision ofthi Agreement, the monetary
limitations (presently $1,000 ,000 per person and $1,000,000 per occurrence) or
any other rights , inununities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S . 24-10-101 et seq ., a from time to time
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amended, or otherwise available to the parties, their officers , or their
employees .
A certificate evidencing said insurance policy shall be kept on file with the City
Clerk of the City and shall have a provision that the same shall not be altered,
amended, or canceled without first giving written notification thereof to the City
thirty days prior thereto . Concessionaire further agrees to indemnify the City for any ·
claims brought against the City because or on account of Concessionaire's operation.
A copy of the certificates of insurance shall be sent to the City in care of the
purchasing division.
Section 23 . FIRE OR NATURAL DISASTERS.
In the event fire or natural disaster renders the Club House and its concession facilities
inoperable, the Concessionaire shall be released from the terms of compensation to be paid
the City until such time as the Club House and its concession facilities are declared open
and operable by the City. If in the event such concession facilities are not open and
operable within a period of thirty (30) days from the time of such disaster, Concessionaire
has the right to terminate its cqntract and Lease with the City under Section 24,
Termination of Lease, contained herein.
Section 24 . TENANT RECORDS .
Concessionaire shall keep and maintain complete and accurate records and accounts of it s
business on a calendar year basis . A monthly report shall be generated pro vi ding a
breakdown of "gross sales" into the following categories:
Food Operations,
Banquet Operations,
Beverage Operations AND
Cart Operations .
Such records shall be maintained in accordance with generally accepted accounting
principles . The records shall clearly show Concessionaire's gross sales, including proceeds
from all catering activities . Gross sales shall be divided in restaurant operations, catering
operations and bar operations . Such records and accounts , including all sales tax reports
th at Co ncessionaire furnishe s to any government or governmental agency shall be made
avai labl e for inspection at any reasonable time upon request of the City, the C ity's auditor,
or other authorized representative. The City res erves the right to require Concessionaire to
engage an independent auditor to perform an audit of the Concessionaire's records at
Concessionaire's expense.
Section 25. TERMINATION OF LEASE.
a) This Lease may, at any time, be terminated b y ei th er part y upon ni nety (90) days'
written notice to the oth er without cause.
b) The parties may terminate the Lease by giving thirty (30) days' written notice of a
violation of paragraphs 5, 7, 8, 9 , 10, 11 , 12 , 13, 14 , 15, 16, and 17 .
) Violation of paragraphs 18 , 19, 20, and 21 shall be grounds for immediate termination
of the Lea e .
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Section 26. DELNERY AND REMOVAL UPON TERMINATION.
Concessionaire will deliver the premises at the termination of this Lease in as good
condition and state ofrepair as when received, except for ordinary wear and tear or loss or
damage caused by an act of God. Upon termination, Concessionaire shall have the right to
remove any supplies or personal property belonging to or installed by the operator, subject,
however, to any valid lien or claim which City may have for unpaid fees. Provided also
that if said removal causes any damage to the premises, said Concessionaire will repair the
same in a proper and satisfactory manner at its own expense.
All liquor licenses shall be transferred to the City of Englewood or new concessionaire. At
no time shall Concessionaire terminate, alter or surrender the liquor license without
approval of the City of Englewood. The Concessionaire shall be subject to injunction to
prevent surrender or injury to the liquor license. Upon termination, the attached Power of
Attorney shall be operative and shall allow the City to operate the establishment pursuant to
law. In the event the liquor license is transferred to the City of Englewood or new
concessionaire, the City shall pay the Concessionaire $2 ,500 .00 less any offsets allowed by
the prior provisions of this Agreement.
Section 27. This Agreement may not be assigned and a sublease shall not be allowed without the
written consent of both parties.
Section 28 . NOTICES .
All notices , demands and communications hereunder shall be personally served or gi v en b y
certified or registered mail , and:
a) If intended for City shall be addressed to City at:
City of Englewood
Attention: City Manager
I 000 Englewood parkway
Englewood, Colorado 80110
w ith a c opy to:
City of Englewood
Attention: City Attorney
I 000 Englewood Parkway
Englewood, Colorado 80110
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,
(_
b) If intended for Concessionaire shall be addressed to Concessionaire at :
Dadiotis Golf Enterprises, LLC.
20 I Denargo Market
Denver, Colorado 80126
with a copy to:
Jim Dadiotis
201 Denargo Market
Denver, Colorado 80126
c) Any notice given by mail shall be deemed delivered when deposited in a United
States general or branch post office, addressed as above, with postage prepaid , or
when served personally at the applicable address.
Section 29. ENTIRE AGREEMENT.
This Lease, together with the exhibits attached hereto :
a) Contains the entire agreement between the parties ; and
b) Shall be governed by the laws of the State of Colorado.
Section 30. SEVERABILITY.
If any clause of provision of this Lease is illegal, invalid or unenforceable under present or
future laws effective during the term of this Lease, then and in that event, it is the intention
of the parties hereto that the remainder of this Lease shall not be affected thereby. It is also
the intention of the parties to this Lease that in lieu of each clause or provision of this Lease
that is illegal , invalid or unenforceable, there be added as a part of this Lease a clause or
pro vision as similar in terms to such illegal, invalid or unenforceable clause or provision as
may be possible and be legal, valid and enforceable.
Section 31. CAPTIONS .
The caption of each Section is added as a matter of convenience only and shall not be
considered in the construction of any provision or provisions of this Lease.
Section 32 . BINDING EFFECT.
All terms, conditions and covenants to be observed and performed by the parties hereto
shall be applicable to and binding upon their respective heirs , administrators, executors,
successors and assigns.
11
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
CITY OF ENGLEWOOD, COLORADO DADIOTIS GOLF ENTERPRISES, LLC
"City"
James K. Woodward, Mayor
By ____________ _
ATTEST:
Loucrishia A. Ellis, City Clerk
12
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r-2007 Restaurant Invent ist -Exhib it B
Item I Quantity ' Item Quantity I
BS0101 Blender Comp SIS-1 BS0007 Black Cond Dispo 6 pt 1
BS0056 -. Margarita Salter 1 BS0044 Funnell 1/2 Pint 1
BS0094 -Glasswasher Tri ple Brush 40461 1 BS0045 Funnell 1 pint 1 , 1
BV1530 -· Coffee Serv lnsul-#144 6 BS0082 Bar Keep Quart Complete 4 I
CU0811/#PS286-!! _Pierced Turner 8~3 _ 2 BS0126 Upright Glass Washer 1
CU0828 WS~-60 . St~ak ~nife/w Wood Hand le 12 Cr1309 Martini 7 1 /4 Oz 12 , 1
D11265 Basket Oval #47206 24 CU0800 S/S Turner 2
011577 #9000 ~ Butane St~v~ _ __ 1 Di1252 Oak High Chair 2
Di11348 S & P Tower 1 Oz 50 Di1257 Call Bell 1
Di1274 ____ Bu ffWareServingTong 2 Di1261 Ladleplain10.5"allcolors 2 ,
_Qi1286 #406 (?06)_Syr~p Disp _§ oz Glass/C hro me 12 Di1454 Pitcher 60 Oz Clear 12 I
Di1618 PSB_15 Pebbled Bowl 15" 1 Di1465 Cam Tray 16" Round 2
-Di1622 PSB-10 -1 Pebbled-Bowl 10" 1 Di1509 8.5"x11" Double Menu cover 36
Di1711 #1120CBP ,Silverware Bin 1 Di1684 Cam Tray 14" Round 2 ·
Di1865 __ :)PSB-1 Q i Pebbled Bowl 8" 1 Di1687 Cam Tray 27" oval 4
-· Di1909 Self Serve 3 Tier 11" Bin _ 2 Di170 1 Chrome Tray Stand 2 , __ 1 Di1935 Buffet Ware Serving Tong 2 Di1942 Value Chafer 4 ------1----Di275 , Buffet Ware Slotted Spoon 2 DS2437 Storesafe Food Labels 1
-=_os2054 !TowelHDNatureal12RL 1 GL1025 lrishCoffee8120z 12 , I
DS2407 Towel Roll Dispenser 2 GL 1217 16 Oz Cooler 36
-GL0950/#03792 --Brandy 2 oz 12 JA0506 Lobby Dust Pan Plastic 1
GL 1015/#05258-·.-sugar Packet Holder 30 JA0522 Huskee 32 Gal Gray 2
GL 1087/#1 54 ... 7-Rame kln5 Oz 12 JA0573 WFT Floor Cone #125 1
GL 1109/#05265-f Ashtray 24 JA057 4 #40340 Mop Handle Quick Change 1
GL 1244,77270-tRocks?O z 36 JA0578 Duo Sweep Lobby Broom 1
GL 1248/#7729U ~Beverage 9-0z 36 JA0598 60" Tapered Handle 1
GL 1250/#7717 4 J.Mixing Glass 14 Oz 36 JA0617 #87501 Hi-Lo Scrub Brush 1 j
GL1480 #528 !/932U 11.57/SJ~_ 36 JA0626 FloorSqueegie18" 1
GL 1510/#80221 1W ine Glass 10 .5 Oz 24 JA0654 High Boy Wastebasket 4
GL1518/#80220 ·Marbeva W ine Glass 8 Oz 24 JA06597 Luma Thread Handle 1 ----
i11620 PSB-18 Pebbled Bowl 18" 1 JA0669 Mopping Combo Pack 35 QT 1
__ Ice Machine 1 JA0723 ACS Grill Screen 1 1 Ice Scoop 1 JA0726NIP Light Mat 3x5 Black 6 --"-----M12439
M12442
_,La~lei)2_0z sis 1 M1278 Dish Table 1 1 Ladle 06 Oz sis 2 M1278 Low Temp Sanitizer 1
M12444 Ladle 12 OZ sis 2 M1278 Soiled Dish Table 1 -= M12805 -·Basting Spoon 15" Slotted 2 M1313 Work Table 1 . .I
M190 Cheesemelter M2726 Counter/Salad 1
M2726 -)io_f Food Table 1 M2726 Undercounter Freezer 1 1 1157fTA #P7004-22 Full Pan 4" I 3 Mi1204 Time Clock w/cards 1
~Al2107fTA #P7132-2 ~Third P~ 2" -· 3 Mi2071 8 Qt Sauce Pan ~
Mi2125 TA ___ 1~" Sil_y er Se~ct Fry_P al!_ 1 Mi2097fTA Bar Shaker Cocktail 2 1 Mi2132 5303 Bun Pan Half Size 12x18 3 Mi2098fTA 10 Qt Sauce Pan 2
M12139 9003 "su n& Roll Pan18x26-24 Mi2171 Third Cover Slotted 3
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2007 Restaurant Inventory List -Exh ibit B
_ ____ 4 Mi2240/ SFSP Cover 12 Qt Sq 2 I
4 Mi2261/ #22SFSP Food Container Sq 22 Qt Poly 2
I 4 I I Mi2217 /Combo Can Punch I 1
1
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12 156/TA #P -7002-2; Fu ll Pan 2"
12160/TA #P 7124-Z Ha lf Pan 4"
11112161/TA #P 71 26-2; Ha lf Pan 6"
12163/TA #P 7 136-2;Th ird Pan 6"
12166/T A #P 7166-2;· Sixth Pa n 6"
I 3 Mi2265/ #6SFSP Food Container Sq 6 Qt PLY 2
I 4 Mi2265/#8SFSP Food Container Sq 8 Qt PLY 2 I
122 11 #1 Can Opener No Base 1 Mi2303 Silvatainer Gray 1
Mi2299 #2 115-5CBP ,Bus Tub 9" ·-I 1 Mi2332/#40082 Fry Pan 8" CeramiGuard 2 1
M123 04 #21 15-7CBP . Bus Tub Bl~ck 7" 3 Mi2386/ #12SFSP Food Container Sq 12 Qt Poly 2
Mi233 5/TA 8" Silver Select Fry Pan 3 Mi2422 Four Sided Grater 1
Mi2 34 7/TA __ 10" Silver Select Fry Pan 1 Mi2479 Measure 1 Pint 1
Mi2 34 7/TA 12" Silver Select Fry Pan 1 Mi2480 Measure 2 Qt 1
Mi2418 --Fryer BoilOut 36/2 Oz 1 Mi2481 Measure 4 Qt 1
Mi2487 --·MixingBowl 1.5 Qt 1 Mi2482 Measure 1 Qt 1
Mi2 489 --Mixi ng Bowl4 Qt 1 Mi2483 Measure 1 cup 1 ------
Mi2491 'Mixing Bowl 8 Qt 1 Mi2484 Measuring Spoon Set 1
Mi2494 -~xing B~"!'l1 6Qt 1 Mi2526 Boar Bristle 2" Pastry Brush 1
IM 1264 /TA #P 7164-22 1Sixth Pan 4" 4 Mi2540 Broiler King Course Wood Handle 1
--Mi2 694 --Hinged Tong 10" 2 Mi2542 Potato Peeler 2
1 __ Mi2695 =}tinge<! T~g !.? in __ 3 Mi2546 Measuring Cup Set sis 1 1
Mi2702 _JTong Sal a_d 6" #4606 1 Mi2578 Potato Masher 5 1/4" 1
Mi2 705_ 6TGS j S~lloped T ~gs_§"_ _ 4 Mi2624 Silverware Cylinder Plastic 6
Mi2996 HD-2 32 oz SS Scale w/Dashpot 1 Mi2654 Steak Weight Cast Iron 2
Ml3062 #3945391 Must Wash-Hand s Sign 2 Mi2674 /Strainer , Double Mesh 10" #99 2
~7/TA PCRF #P1250 Full Size 21/2" 3 Mi2733 Piano Whip 10" 1
· ST1731 -· Half-Size Pan 21/2" 4 Mi2738 French Whip 16 " 1
TA3052/PR39-M -Maurissa Plate10.25" 108 Mi2739 Piano Whip 12" 1
TA3059 /PR06-M -
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Maurissa Saucer 108 Mi2746 Spoonula 16" 1
·----I TA30 598/PR-07-M Maurissa Bouillon 36 Mi2785 Kleen Pail 6 Qt 3
TW1956 -r Napolean T ea spoon 108 Mi2790 Chill Stick Rap 2
_ TW1958 _ __jNapolean Bouillo_!l_ Spoon 48 Mi2815 10" High Heat Spatula 2
TW1959 -I Napolean Salad Fork 108 Mi2879/ 1/2Roast Pan 18x24x4.5 1
1 ---
TW1960 /Napolean Dinn er Knife 108 Mi2924 Plate WR 71/8" 108
_ TW1962_ ~polean Iced Tea spoon 36 Mi3033 Meat Tenderizer Alum 1
TW2104 1Napolean Dinn er Fork 108 MUN123 Dough Cutter 1
UN2101-#63 01JBun-RackPan 2 ST1782 Vegetable Insert 7.5 Qt 2
UN2750/X --~ Pres~ ~nveyor Toaster 120V 1 ST1960 Vegetable Insert Cover 7 Qt 2
UN2756 _ /Bulb War!l)er 2 TS1859 Wall mount Pre-Rinse Unit 1
UN2759 ' Cooker W arm er 1 TS1866 Glass Filler 1
--......L UN2817 Potato Cutter 1 UN2803 APW Full Size Warmern W-3V 1
-1 UN2804 Mandolin Slicer 3 blades 1
, UN3049 Grah48 Fo od Warmer 120V 1
1 I
N3097/RCS10MP-!Microwave ---t -----;
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2007 Restaurant Inventory List -Exhib it B
Item I I Quantity Item Quantity . -.
Sil verware Tub I 1 Stainless Serving Spoons 6 -OvalDinner Plates I i I 70 Plastic Serving Spoons 2 --Bread Plat~s (i n Box ) I 58 Stainless Dressing Ladels 8 --~ectangular Plates 22 Large Plastic Ladel 2 ---monkey_di~hes 5 Small Spatula 2 . ----dessert e!ates 111 Cake Server 1
Small Round Bowls 10 Black Plastic Tongs 5 I -----
saucers 45 Tan Plastic Tongs 2
· -----coffe urn 1 Tiny Stainless Tong 1
Coffee Warmers 2 Black Plastic Tongs-Small 2 -Small Plastic Inserts-Steam Table 12 Black Pastic Tongs-Lrg 2 ----_ Large Baking Sheets 10 Stainless Tongs-Lrg 2
____ i~ cream scoop 1 Stainless Spatula 3
,. ___ S il v~r Round Trays 6 Stainless Tongs-Med 3
Extra Large Cooking Pot 1 Stainless Ladel-Sm 2
Lg Cooking Pot 2 Stainless Ladel-Med 3 ----
Med Cooking Pot 3 Bread Knife 1
Pot Lids 6 Chopping Knife 1
Simmering Pot w/handle 1 Wooden Handle Steak Knives 33
Large Skillets 2 Stainless Steak Knives 56
Med Skillets 2 Forks 39
Small Skillets 3 Knives 41
Vegetable Pans 3 Salad Forks 42 !
Large Straining Bowl 1 Spoons 40 I
Large Plastic Salad Bowl 1
Med Plastic Salad Bowl 3 Black Bus Tubs w/stand 3 {
I
Med Stainless Bowls 3 Steam Table 1
Lg Black Plastic Catering Tray 1 Toaster 1
Lg Stainless Pitcher 1 Sharp Microwave 1
Large Glass Measuring Cup 1 Cold Prep Table 1
Plastic Beer Pitchers-Bud 11 Line Heat Lamp 1
Water Pitchers 3 Silverware Holders Round 3
Utensil Rack w/ 5 Shelves 1 Fire Extinquishers 2
Meat Slicer 1 Paper Towel Dispenser 1 --Stainless Prep Table w/sink 1 high chair 1 --stacking organizing shelves 4
Cutting Boards 2 large glass holder rack 1
Food Scale 1 g lass holder racks 2
I
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2007 Restaurant Inventory List -Exhibit B
__ Aqu~unnell I 1 podium 1 I
Chafing Pan Racks 4 movie screen 1 ! ---_ Chafing-Pan Inserts I 8 Metal Shelf in Office 1 I --Chafing Pan Lids 3 Desk 1 i
__ Self Containej Chafir:!_g 3 chair racks 1
Sta inless Rack Above Sink 3 banquet tables 2 i
Sta inless Storage Racks I 6 sound equipment 7
3 Shelf Table 1 Rack on wall in office 1 ---all cooking stoves, ovens , microwave ,
2 Shelf Wall Rack 1 refrigerators , freezers , coolers , etc 1
Exception : True Coolers , Pepsi Cooler,
1 Shelf Wall Rack 1 Nestle Cooler -
I
__ ~r Coolers w/Lids-portable I 3
Racks in Walk in 2 I ----Racks in Freezer 3 ------
Beer Mugs 12
I
Beverage Glasses 25 -Juices Glasses 29
Coffee ~ups (some in boxes) 74 i -Glass Coffee Mugs 16
--Shot Glasses 7
---~ine Giasses 18 ----Large Glasses 15 I ~-
Highball Glasses 24 ~-~an Opener behind Bar 1 --I Bar Shaker 1 / I
---Plastice J uice Holders w/lids 3 I
I ---Silverware Holder 1
__ Small ~ound serving Tray 1 I
Sugar Holders 15 --Salt/Peooer Shakers 15/15 f:
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
December 3, 2007 11 a ii Agreements for Swedish Medical Center Storm
Sewer and Sanitary Sewer Installation
Initiated By: Staff Source:
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ordinance dated March 19, 2001 -Swedish City Ditch Encroachment Permit and Grant of City
Ditch Crossing License Agreement for Overhang over City Ditch.
Ordinance dated March 19, 2007 for a City Ditch License Agreement for curb, gutter and
asphalt/concrete driveway over the City Ditch at Swedish Medical Center.
RECOMMENDED ACTION
The Water and Sewer Board, at their Nov ember 13 , 2007 meeting, recommended Council adopt a
Bill for an Ordinance approving the City Ditch License Agreement, Temporary Construction
Easement, and City Ditch Encroachment Permit for installing a storm sewer and sanitary sewer at
the Swedish Medical Center.
BACKGROUND, ANALYSIS, AND ALnRNATIVES IDENTIFIED
Swedish Medical Center submitted a License Agreement, Temporary Construction Easement, and
Encroachment Permit to install and realign a storm and sanitary sewer. The Encroachment Permit is
to enable the contractor to encroach into the City Ditch right-of-way to realign and install the storm
and sa n itary sewer lines . The License Agreement wi ll allow the installation . The loca tion of the
cons truction site is the area of the front entrance turn-around at Swedish Medical Center off East
Hampden Avenue.
The Utilities Department is requiring that the City Ditch pipe be videotaped before and after
cons tru ction to insure that the integrity of the pipe is maintained.
The Licensee expressly assumes full and strict liability for any and all damages of every nature to
person or property ca used by the point or points where the Licensee performs any work in
conne c tion with th e crossing provided by the Licensee . The City reserves the right to make full use
of the property necessary in the operation of the City Ditch. The City retains all rights to operate,
maintain, in stall , repair, remove or relocate any of its facilities loca ted within the City's right-of-way .
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for an Ordinance
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL Bll..L NO. 70
INTRODUCED BY COUNCIL
MEMBER ~~~~~
ABil..LFOR
AN ORDINANCE AUTHORIZING A "LICENSE-CITY DITCH CROSSING AGREEMENT", A
"TEMPORARY CONSTRUCTION EASEMENT" AND A "CITY DITCH ENCROACHMENT
PERMIT'' TO HCA -Health One LLC, dba SWEDISH MEDICAL CENTER FOR THE
INSTALLATION OF TWO STORM SEWERS AND ONE SANITARY SEWER SERVICE
LOCATED AT 501 EAST HAMPDEN AVENUE.
WHEREAS , the Englewood, Colorado City Council approv ed the Swedish Medical Center
Planned Development in 1989 with additional amendments approved in 1989, 1990, 1992 and
I993;and
WHEREAS , ordinances were passed in 2001 and 2007 which authorized encroachments and
crossing licenses on the City Ditch as a result of expansion and improvements at Swedish Medical
Center.
WHEREAS , in conjunction with further expans ion at the Medical Center, the City recei v ed a
request from Swedish for the installation and realigning of two storm se wers and one sanitary
sewer service which cross and encroach into the City Ditch Right-o f-Way in the area of the front
entrnnce, located at 501 East Hampden A venue; and
WHEREAS , the Englewood Water and Sewer Board recommended approval of the "License
City Ditch Crossing Agreement", a "Temporary Construction Easement" and a "City Ditch
Encroachment Permit" to HCA at the November 13 , 2007 , meeting;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Section 1. The "License-City Ditch Cross ing Agreement," attached h ereto as "Attachment l," is
hereby approved by the Englewood City Council.
Section 2 . The "Temporary Construction Easement", attached hereto as "Attachment 2" is
hereby approved by the Englewood City Council.
Section 3 . The "City Ditch Encroachment Permit", attached hereto as "Attachment 3" is hereby
approved by th e Englewood City Council.
Section 4 . The Director of Utilities is hereb y aut horized to execute the "License-City D itch
Crossing Agreement" and the "Temporary Construction Easement" for and on behalf of the City of
Englewood, Colorado .
Section 5. The Mayor is hereby authorized to execute and the City Clerk to attest and seal the
"City Ditch Encroachment Permit" for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 3rd day of December, 2007.
Published as a Bill for an Ordinance on the 7th day of December, 2007.
Jatnes K. Woodward, 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 3rd day of December, 2007.
Loucrishia A. Ellis
LICENSE -CITY DITCH CROSSING AGREEMENT
THIS LICENSE AGREEMENT, made and entered into as of this day of
------• _, by and between the CITY OF ENGLEWOOD, a municipal
corporation oft.lie S tate of Colorado, herein referred to as "City", and
8:1>. Iml.th:rB UC, ci:a 9tmisl1 M:dical Ce1t:er
herein referred to as "Licensee".
WITNESSETH: The City without any warranty of its .title or interest whatsoever, hereby
authorizes Licensee, its S\.lCCessor, assigns, to install a storm ss-.er' arrl sanitary ss-.er'
9:!l'.V.l.CB
over the City's rights-of-way for the City Ditch, described as a parcel of land situated in the_
SE O'E Q..m:t.er, ot tlE SE aE Q..mter of Section 34
Township 4 s:ut:h Range 68 ve:;t-----·ofthe
6th •P.M., Cot1nty of Arapahoe, State of
'Jolorado described as follows:
Tl b d 'b d 1 . 4873 £q. Fret er 0. 112 lcre 1 1e a ave-escn e parce contains ____________ __._,...,m"'o...,r_..·e~o.._r__...,.e""'s=s.
l>: .. Any construction contemplated or performed under this License shall comply with and
conform to standru:ds formulated by the Director of Utilities of the City and such consti·uction
shall be perfo1·med and completed according to the plans, consisting of one sheet, a copy of
which is attached hereto and made a part hereof.
2. The Licensee shall notify tl1e City's Director of Utilities at least three (3) days prior to the
time of commenceme.nt of the constr4ction of, or any repairs made to, Licensee's-----
str:nn ~ arrl saru.tary 9EW:!r 9=CV1.CE
________________________ so that the City may, in its
discretion, i11spect such operations.
3. Within thirty (30) days from the date of the commencement of construction of said __ _
sta:m 93fB' arrl sanitary 9EW:!r 9:!tVi.ce
the Licensee shall complete such construction, place and maintain permanent, visible
markers, of a type and at such locationsas designated by the City's Director of Utilities,
referring to the centerline of the installation and shall clear the crossing area of all
consti·uction debris and restore the ai·ea to its previous condition as nelll' as may be
reasonable. In the event the planing of the centerline markers and the clearing and
restoration of the crossing area is not completed within the time specified, the City may
complete the work at the sole expense of the Licensee .
4. The City shall have the right to maintain, install, replll·i, remove 01· relocate the City
Ditch or any other of its facilities or installations within the City's rights-of-way, at any time
and in such manner as the City deems necessary or convenient. The City reserves the
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exclusive right to control all easements and installations . In the event the sto:rn S:W:!r' arrl
sanitary 9=!W2t' 931'.Vice should interfere with any future use of the City's rights-of-way by the
City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove
its installations so as not to interfere with any sttch use .
5. Any repair or replacement of any City installation made necessary, in the opip.ion of the
City's Director of Utilities becattse of the construction of the staan ~ arrl saru.tary
931& ffit'Yire or other appui·tenant
installation thei·eof, shall be made at the sole expense of the Licensee.
6. The stipulation and conditions of th.is License shall be incorporated into contract
specifications if the constrl.lction herein authorized is to be done on a contract basis.
7. The rights and privileges granted in this License shall be subject to prior agreements,
licenses and/or grants, recorded or imrecorded, and it-shall be the Licensee's sole
responsibility to determine the exjstence of said documents or conflicting uses or
installations .
8. The Licensee shall contact and fully cooperate with the City's personnel and the
construction shall be completed without iriterference with any lawful, usital or ordina1·y flow
of water tlll'ough the City Ditch. Lice11see shall assl.lme all risks incident to the possible
presence of such waters, or of sto1·m waters, or of surface waters in the City Ditch.
9. All t1·enches or holes within the City's rights-of-way shall be bacldilled and tamped to the
original ground line in layel's not to excee six (6) inches loose measul'e to a compaction of
ninety percent (90%) Standard Proctor Maximltm Density.
10 . Licensee, by acceptance of this License, expr4-essly assumes full and strict liability fat·
any and all damages of every nature to person or property caused by water from the ditch
leaking through the ditch banks or pipeline at the point or points whe1·e the Licensee
performs any work in connection with tl1e crossing provided by this License. The Licensee
assumes all responsibility for maintenance of the installation.
11. Licensee shall indemnify and save harmless the City, its officers and employees,
against any and all claims, damagtes, acctions or causes of actiqn and~nses to which it
or they may be subjected by 1·eason of said st:a:rn ~ arrl sam.tary 9:!rVl.O= .
being within and across and under the premises of the City 01· by 1·eason of any work done or
omission made by Licensee, its agents 01· employees, in connection with the construction,
1·eplacement, maintenance or 1·epau-of said installation. ·
12. It is expressly agreed tb:it in case of Licensee's breach of any of the within promises, the
City may, at its option, have specific performance thereof, or sue for damages resulting from
such breach.
13. Upon abandonment of any right or privilege he1·ein granted, the right of Licensee to that
ex-tent shall terminate, but its obligation to indemnigy and save harmless the City, its
officers and en1ployees, shall not terminate in any event.
In gi·anting the above authol'ization, the City reserves the right to make full use of the
property involved as may be necessary or convenient in the ope1·ation of the water works
plant and system unde1· the control of the City .
-2-
In granting the above authorization, the City reserves the right to make full use of the
prope1ty involved as may be necessary or convenient in the operation of the water works
plant and system under control of the City.
IN WITNESS WHEREOF this instnnnent has been executed as of the day and
year first above written.
CITY OF ENGLEWOOD
By: _______________ _
Stewart H. Fonda
Director of Utilities
City of Englewood
By: _______________ _
Chairman
Englewood Water and Sewer Board
The undersigned officer of lIA H:Blth::re UC, d::B 9.a:1:i.s1 M:di.cal 031ter has read the
foregoing License and agrees for an on behalf of said
lCA Ha3lt:tOB IIC, d::B Sm.sh M3ii.cal Cl:rta:' that it will
accept and will abide by all the terms and conditions t11ereof.
LIC ENSEE:
By: ~.4..J."""'l.--'"'"~'7--,,jL.....p'+---,,~--'--=--.-F=,:._-
Title: ~r E 5, rJ en ,t /~ e 0
Address: ScJI c. c}h;njde11 llue-Cti:i~--11.io.C!Wr ili f:01/ ~
Phone: 3o~-zRg, <OW
N otary:
crfr,.My
My commission expires :
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DESCRIPTION PARCEL A:
SWEDISH MEDICAL CENTER
SANITARY SERVICE CROSSING LICENSE AGREEMENT
EXHIBIT A
A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461
LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34 ,
TOWNSHIP 4 SOUTH , RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
ARAPAHOE, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89"59'58"W A
DISTANCE OF 1321 .18 FEET . MONUMENTED BY AN AXLE IN RANGE BOX AT
THE SOUTHEAST CORNER AND A REBAR WITH CAP IN RANGE BOX LS 12083
AT THE SOUTHWEST CORNER.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 34;
THENCE N69"58'44"E A DISTANCE OF 543 .33 FEET, TO THE POINT OF BEGINNING ON THE
SOUTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461 ;
THENCE N20"04'35"E A DISTANCE OF 20 .11 FEET TO THE NORTHERLY LINE OF SAID 20 FOOT DITCH
(_ ~,GHT-OF-WAY BEING THE POINT OF TERMINUS .
DESCRIPTION PARCEL B :
A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461
LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34 ,
TOWNSHIP 4 SOUTH , RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
ARAPAHOE , STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 34 , TOWNSHIP 4 SOUTH , RANGE 68 W EST OF TH E
S IXT H PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89 "5 9'5 8"W A
DIST ANCE OF 1321.18 FEET . MONUM ENTED BY AN AXLE IN RANG E BO X A T
T HE SO UTHEA ST CORN ER A ND A REBA R W ITH CAP IN RAN GE BOX LS 12083
AT THE SOUTHWEST CORNER.
CO MMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUART ER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 34 ;
THENCE N72 "39'45"E A DISTANCE OF 622 .56 FEET, TO THE POINT OF BEGINNING ON THE
NORTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF -WAY DESCR IBED IN BOOK 1328 AT PAGE 461 ;
THENCE S24"19'04"E A DISTANCE OF 7 .66 FEET ;
THEN CE S70 "0 5'30"E A DISTANCE OF 22 .51 FEET . TO THE POINT OF TERMINUS .
10 ••• { 7 f' 1 of 3
JR ENGINEERING
l .'A'·!~.t;:,,( :i ·::ir ·
DESCRIPTION STATEMENT
I, JAMES D . RIHANEK, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY
STATE THAT THE ABOVE PARCEL DESCRIPTION AND A TT ACHED EXHIBIT WERE PREPARED UNDER
MY RESPONSIBLE CHARGE , AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF , IS
CORRECT.
JAMES D . RIHANEK, PROFESSIONAL LAND SURVEYOR
COLORADO NO. 23053
FOR AND ON BEHALF OF JR ENGINEERING , LLC
6020 GREENWOOD PLAZA BOULEVARD
ENGLEWOOD, COLORADO 80111
10 -zz 007 JR Engineering , LLC
11530000 aN\153UOOIWordll.egat111531400_ TCE02 doc P 2ol 3
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RIGHT-OF-WAY
BOOK 1328.
--1 PA C£ 461
--I__---------~-.,
EXHIBIT A
N89"59'58 "W 1321.18' (BASIS OF 8£ARINCS) --"v--_l__ ·t---------_S_OU_TH_UN£. 5£1/4,SET/4. sicnoi.t 34, T.~ R.68W.-j "-
/ SW CORNER. S£1/4,SEl/4, 'SE CORNER/
SEC. 34, T.4S., R.68W. SEC. 34, T.4S., R.68W.
REBAR &-CAP IN RANCE B OX AXLE IN RANG£ BOX
LS 12083
LINE TABLE
LINE BEARING LENGTH
L1 N20"04'35"E 20.11
L2 S2<419'04"E 7.66
LJ 570"05' JO"E 22 .51
'10 25 0 50
SC ALE: 1" = 50'
NOT[: THIS EX HIBIT DOCS NOT REPRESENT A MONUM[NTEO SU VEY.
11 IS IN T[NOEO ONLY 10 DEPICT TH( AllACHCO PROPERTY OCSCRI Tl
SANI TARY SEWER CROSSING LICENSE AGREEMENT
PROJECT NAME : SWEDISH MEDICAL CENTER
PROJECT NO .: 15314 .00
DATE : 10 /22/07 ET: 3 OF 3
]'R ENGlNEERING ·-·'-
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TEMPORARY CONSTRUCTION EASEMENT t
Th.is Temporary Construction Easement (the Temporary Easement) is entered into 2
this_ day of , by and between the City of Englewood, Colorado, a
municipal corporation of toe state of Colorado, acting by the through its Water and Sewer
Board (Granter) and I:U\ I-mlth::rn ll.C, d:a 9,mi.sh M2di.cal G:nter
--------------------(Grantee).
WHEREAS, The City of Englewood owns a right-o'f-way for the City Ditch, a carrier
ditch (City Ditch ROW) which is located as described on Exhibit A.
WHEREAS,' I:U\ H:Blt:h::rn, UC desires to install a sto:m ES\et'
arrl Smi.tary E:e,a' fervice within the City Ditch ROW --------------------pursuant to a license between the parties.
NOW, THEREFORE, In consideration of the mutual covenants of tbe parties,
more particularly hereinafter set forth, the adequacy and sufficiency of which are hereby
acknowledged, it is agreed as follows:
1. Temporarv Construction Easement. Englewood (as Grantor) hereby grants
to I:U\ Hielt:h::rn UC (as Grantee), its successors, assigns,
contractors, and sub-contractors, a non-exclusive temporary construction
easement through, over, under and across the City Ditch ROW for the
installation of a sta:m 9:'W:![' arrl sanitary 9:W:!C'
_921:V1' __ ·ce ____________________ pursuant to a
license agreement (the Project).
2. Tenn of Easement. The Project will begin no sooner than and
will be completed no later than . Completion of the Project
will be deemed to have occurred upon inspection and approval of the Project
by Granter and this Temporary Easement will be deemed to have terminated
upon such completion.
3. Access. Grantee shall have the temporary non-exclusive right to enter the
City Ditch ROW for any reasonable purpose necessary or prudent for the
construction of the Project subject to the following restrictions: 1) normal
working hours shall be consistent with CDOT construction hours, Monday
through Friday and 2) the operation of equipment and heavy trucks will be
permitted on the Englewood City Ditch ROW only during normal working
hours.
4 . Restoration . Upon completion of the Project, Grantee will perform such
restoration and regrading as is necessary or prudent to restore the surface area
of the City Ditch ROW to its original condition .
5 . Indenmification . Gran tee, to the extent pennitted by the laws and
constitution of the State of Colorado, hereby agrees to be liable and hold
harmless the City of Englewood, its employees, tenants, and guests from any
and all claims, causes of action, and liability which may occur as a result of
the negligent or wrongful acts of Grantee in the construction of the Project,
including the cost of defending against such claims.
6. Liability. Grantee hereby acknowledges that it understands that there is water
flow in the City Ditch from April I to N:ovember l of each year and that it
will assume liability for any damage to adjoining property caused by water
flow resulting from damage to the City Ditch caused by the Grantee's ·
construction activities.
7. fus'urance. Grantee shall maintain in full force and effect a valid policy of
insurance for the Project in the amount of $600,000.00 property coverage and
$600,000.00 liability coverage. Grantee funher agrees that all its employees,
contractors and sub-contractors working on the Project shall be covered by
adequate Workers Compensation insurance .
8. Assignment. This Temporary Construction Easement is assignable only with
the written pennission of Englewood, which permission will not
unreasonably withheld, conditioned or delayed.
IN WITNESS WHEREOF, the parties hereto have executed this temporary
construction Easement on the date and day first written above .
-·····
In granting the above authorization, tl1e City reserves the right to make foll u s e of the
property involved as may be nece?sary or convenient in the operation of the waler works
plant and system under control of the City.
IN WITNESS WHEREOF th.is instrument has been executed as of the day and
year first above written .
CITY OF ENGLEWOOD
By: _____________ _
Stewart H . Fonda
Director of Utilities
City of Englewood
By=-------------~--
Chaim1an
Englewood Water and Sewer Board
The undersigned officer of Ia H:eJ.thn:! UC, d::a s..mi..sh M:rli.CBl caitet" has read the
foregoing License and agrees for an on behalf of said
Im Iail.thl'E IIC, d::a Smi.s1 M:rli.cBl O:nter:-that it will
accept and will abide by all the terms and conditions thereof.
LICENSEE:
Sc..ve,11 ~!;//l YV\ecL (Ca/,. CenJ -e )-Notary:
:~:e:~ ~si:::p~~
Address: 5c) ( C , rf6n4pder, l4oe . S -7 -0 z:'
Cfl ~few ood,. &J. &2/13
Phone: 50 3 78:f -a?)a3
,,
CITY DITCH ENCROACHMENT PERMIT
TillS CITY DITCH ENCROACHMENT PERMIT, made and entered into as of this
____ day of , 2007, by and between the CITY OF ENGLEWOOD, a
municipal corporation of the State of Colorado, herein referred to as "City", HCA -HEAL Tii
ONE LLC, dba SWEDISH MEDICAL CENTER, a limited liability corporation whose address is
501 East Hampden Avenue, Englewood, Colorado 80110, herein referred to as "Permitee"
owner of real property located at 501 East Hampden Avenue, Englewood, Colorado 80110.
W1TNESSE11I: The City without any warranty of its title or interest whatsoever, hereby
authorizes Permitee to encroach upon a parcel of land in the City's right-of-way for the City
Ditch, more specifically described as A Centerline Alignrrent of Encroachment
more or less, more particularly described in "Exhibit A' · " attached hereto and
incorporated by reference herein.
1. The City of Englewood, Colorado hereby grants to said owner of the above described
property the right to encroach into the City Ditch Right-Of-Way to realign two storm water
service connections for the proposed Swedish Medical Center expansion.
2. The Permitee is granted a permit to encroach into the City Ditch Right-of-Way as
described herein subject to the provisions of this Encroachment Permit. In addition,
Permitee is granted the following specj.fic rights subject to all provisions contained in this
Encroachment Permit; to wit:
a. The proposed service connection and realignments as shown on ''Exhibit _A _ __,"
will not be removed by the City without prior notice to Permitee.
b. The right to maintain and repitir the service connections along the centerline of this
encroachment as described in the attached "Exhibit A "
3. In granting this Encroachment Permit, the City reserves the right to make full use of the
Eocroachmeot Property as may be necessary or coovenieot in the operation of the City
Ditch and the City retains all right to operate, maintain, install, repair, remove or relocate
any of the City's facilities located within the City Ditch Right-Of-Way at any time aod in
such a manner as it deems necessary or convenient.
4. Subject to the provisions contained in Paragraphs 1, 2 and 3, the City shall have the right to
maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or
installations within the City's Right-Of-Way, at any time and in such manner as the City
deems necessary or convenient. The City reserves the exclusive right to control all
easements and installations.
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5. The Permitee shall have the right to maintain and improve the Encroachment Property
including, but not limited to, planting and trimming grass and/or bushes, fertilization and
inigation. and removal of trash and brush . Permitee is not permitted to construct any
permanent structures or encroach upon the Encroachment Property in a manner not
permitted under this Encroachment Permit.
6. The rights and privileges granted in this Permit shall be subject to prior agreements,
licenses and/or grants, recorded or unrecorded, and it shall be the Permitee's sole
responsibility to determine the existence of said agreements. licenses or grants or
conflicting uses or installations.
7. Access to the parcel by City personnel must be maintained by Penni tee for inspection and
maintenance.
8. Upon abandonment of any right or privilege herein granted, including the destruction or
removal of the service connections, the right of Permitee to that extent shall terminate, but
its obligation to indemnify and save harmless the City. its officers and employees, shall not
terminate in any event.
9. The rights granted Permitee hereunder may not be assigned without the written consent of
the City.
10. The aforesaid property owner and their heirs and assigns understand and agree that:
a. This permiss ion is revocable at will and without cause by the City of Englewood
without hearing and without notice other than Notice of Revocation.
b. The property owner shall remove said service connections from the public Right-Of-
Way within thirty (30) days after receiving Notice of Revocation by personal service
or certified mail.
c. That said property owner is estopped to deny the right of the City of Englewood,
Colorado, to revoke this Encroachment Permit or to deny U1e property rights of said
City.
d. That said property owner agrees to reimburse and ind emni fy th e City of Englewood.
Colora do, for all necessary expcoses of wh atever nature that may be incurred in
revoking this Permit. removing the service connections placed in the public Rigbt-
Of-Way, or any other expense as a result of granting the Encroachment Permit.
e. That the said prop erty owner shall maintain insurance coverage sufficient to satisfy
any liability arising as a result of thi s Encroachm ent Permit an d Ind emnity
Agreem ent, and th e City of Engl ewood shall be held harml ess from any an d all
lia bilities arising fr om this action.
f. This Permit shall inure to the benefit of and be binding upon the heirs, executors,
administrators. assigns. and successors of the respective parties.
-2-
g. Property owner agrees to televise and record condition of City Ditch Pipeline after
construction to insure that the integrity of the pipeline is still intact and to make
repairs if damage is apparent.
IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above
written.
APPROVED:
Stewart Fonda, Director
ATIEST:
Loucrisbia A. Ellis, City Clerk
STATE OF COLORADO
COUNTY OF ARAPAHOE
)
)ss.
)
CITY OF ENGLEWOOD
Acting through and by its
Water and Sewer Board
:BY~-----~-----Cbairman
James K. Woodward ,Mayor
HCA-HEALTII ONE LLC, dba
SWEDISH MEDICAL CENTER
The foregoing instrument was acknowledged before me this & day of 0<' ../c;l;e r
2007, by /]'la r ;is /'YJ , W/at' I ~ as ln-.5,'c/enf f C~Q of
HCA-Health One ILC, dba Swedish Medical Center. '
t,.~.1'.-4-f..kl\.,.~.<'·* W>ft."'·"'-•. ;"..,l,.~J./l
r 1.f:.!E lli . SI .. RP. ·:
IW l AR\' f'USLIO
, Tl ,"t :. OF COLOP.f,D .·
My Commission expires : __.;s;:;;._-.... z_-_c_1 .... P____ ~,...~ .... ~ ......... ...,. ...... _ ..... ~
Witness my band and official seal.
~~n-6aM)
~~YPUBLIC
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JR ENGINEERING
SWEDISH MEDICAL CENTER
SANITARY SERVICE CROSSING LICENSE AGREEMENT
EXHIBIT A
DESCRIPTION PARCEL A:
A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461
LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,
TOWNSHIP 4 SOUTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN , COUNTY OF
ARAPAHOE , STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89°59'58"W A
DISTANCE OF 1321 .18 FEET. MONUMENTED BY AN AXLE IN RANGE BOX AT
THE SOUTHEAST CORNER AND A REBAR WITH CAP IN RANGE BOX LS 12083
AT THE SOUTHWEST CORNER.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 34 ;
THENCE N69°58'44"E A DISTANCE OF 543.33 FEET, TO THE POINT OF BEGINNING ON THE
SOUTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461 ;
THENCE N20°04'35"E A DISTANCE OF 20.11 FEET TO THE NORTHERLY LINE OF SAID 20 FOOT DITCH
RIGHT-OF-WAY BEING THE POINT OF TERMINUS.
(
DESCRIPTION PARCEL B:
A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461
LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,
TOWNSHIP 4 SOUTH , RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
ARAPAHOE, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89°59'58 "W A
DISTANCE OF 1321 .18 FEET. MONUMENTED BY AN AXLE IN RANGE BOX AT
THE SOUTHEAST CORNER AND A REBAR WITH CAP IN RANGE BOX LS 12083
AT THE SOUTHWEST CORNER.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE -QUARTER OF SECTION 34 ;
THENCE N7 2°3 9'45"E A DISTANCE OF 622.56 FEET, TO THE POINT OF BEGINNING ON THE
NORTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461 ;
THENCE S24 °19'04"E A DISTANCE OF 7 .66 FEET;
THENCE S70 °0 5'30"E A DISTANCE OF 22 .51 FEET, TO THE POINT OF TERMINUS .
1 ,.~ .007 f'ge1of3
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JR ENGINEERING
,'\ \'fo _o.fri :11 t:,.H ,1, :,~·
DESCRIPTION STATEMENT
I, JAMES D . RIHANEK, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO , DO HEREBY
STATE THAT THE ABOVE PARCEL DESCRIPTION AND ATIACHED EXHIBIT WERE PREPARED UNDER
MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS
CORRECT.
JAMES D . RIHANEK, PROFESSIONAL LAND SURVEYOR
COLORADO NO. 23053
FOR AND ON BEHALF OF JR ENGINEERING, LLC
6020 GREENWOOD PLAZA BOULEVARD
ENGLEWOOD, COLORADO 80111
I • • • 7 Pa 2 o! 3
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EXHIBIT A
N89"59'58"W 1321.18 ' (BASIS OF BEARINGS) ~ __l_
.\_ ----------_S_O_U_Tlf_L!Nc. st:1/4,SCl/4, sicnoi.t 34, T.~ R.68W.-. !'_-
/ SW CORNER. SEl/4,SEl/4, ' SC CORNER 7-
SEC. 34, T.4S., R.68W. SEC. 34, T.4S., R.68W.
REBAR &-CAP IN RANGE B OX AXLE IN RANGE BOX
LS 12083
LINE TABLE
LINE BEARING LENGll-i
L1 N20'04'J5"E 20.11
L2 S24'19'04"E 7.66
LJ S70'05'JO"E 22.51
25 0 50
SCALE : 1" = 50'
NOTC Tl 115 E Hl81T DOES NOT REPRCSCNT A M UMENTEO SURVEY.
11 I. INT(ND O ONLY TO DEPICT THE ATlACHCO PROPERTY DESCRIPTION .
SA NITARY SEWER CROSSING LICENSE AGREEMENT
PROJECT NAME : SWEDISH MEDICAL CENTER
PROJECT NO .: 15314 .00
JR ENGINEERING ...... "-
DATE : 10/22/07 SHEET: 3 Of J
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
December 3, 2007 11 a iii Confidentiality Agreement with Park County and
South Platte Water Conservancy District regarding
Sportsmen's Ranch
Initiated By: Staff Source:
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at its November 13 , 2007 meeting, recommended
Council adopt a Bill for an Ordinance approving a Confidentiality Agreement authorizing the City of
Englewood's Water Rights Attorney to work with Park County, the Upper South Platte Water
Conservancy District, the Center of Colorado Water Conservancy District, the City of Thornton,
Centennial Water and Sanitation District, and the City of Englewood in a joint collection effort on
judgments awarded against the Park County Sportsmen's Ranch.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Englewood's Water Rights Attorney David Hill of Berg Hill Greenland and Ruscitti submitted a
Confidentiality Agreement to allow Mr. Hill to work with the County of Park , Upper South Platte
Water Conservancy District, the Center of Colorado Water Conservancy District, the City of
Thornton, and the Centennial Water and Sanitation District. The Confidentiality Agreement would
allo w a joint effort to collect on judgments awarded against Park County Sportsm en's Ran ch.
The original litigation (Case #96-CW014} was an aggressive water rights application involving the
Park County Sportsmen's Ranch and the City of Aurora . The initial trial took place in 2000 with
judgment costs for litigation costs awa rded to the objectors in 2003. Englewood's share awarded
was $100,000. The applicants in the case had funded the ir case through loans, so no payment was
receive d, just a re co rded interest in th e Ranch .
This agreemen t would allow Englewood and the parties involved to exchange information and
share cos ts and strategies. The Confidentiality Agreement would all ow the objectors to share and
exchange i nforma t ion an d keep information confidential t o determin e whether to pursue the
judgment further to collect our share. Other parties in this agreement have already signed a joint
prosecution agreement. Englewood is waiti ng to determine if it should join the effort based on the
resu lts of the efforts of the other parties. The Confidentiality Agreement will allow Englewood to
evaluate the efforts .
FINANANCIAL IMPACT
None.
'
LIST OF ATTACHMENTS
Bill for an Ordinance
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 73
INTRODUCED BY COUNCIL
MEMBER ------
ABll.,L FOR
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT ENTITLED
"CONFIDENTIALITY AGREEMENT'' BETWEEN THE COUNTY OF PARK, COLORADO;
THE UPPER SOUTH PLATTE WATER CONSERVANCY DISTRICT; THE CENTER OF
COLORADO WATER CONSERVANCY DISTRICT; THE CITY OF THORNTON,
COLORADO; PUBLIC SERVICE COMP ANY OF COLORADO; THE CENTENNIAL
WATER AND SANITATION DISTRICT; AND THE CITY OF ENGLEWOOD, COLORADO,
PERTAINING TO A JOINT EFFORT TO COLLECT ON JUDGMENTS AWARDED
AGAINST THE PARK COUNTY SPORTSMEN'S RANCH IN THE DISTRICT COURT FOR
WATER DIVISION 1, COLORADO .
WHEREAS , the passage ohhis proposed Ordinance authorizes Englewood's water rights
attorney to work with the County of Park, Upper South Platte Water Conservancy District, the
Center of Colorado Water Conservancy District, the City of Thornton, the Public Service
Company of Colorado , and the Centennial Water and Sanitation District in a joint effort to
collect on judgments awarded against Park County Sportsmen's Ranch; and
WHEREAS, the parties of this Agreement were objectors to an aggressive water rights
application filed by the City of Aurora and Park County Sportsmen's Ranch , LLP ("PCSR") in
Case No . 96CW014 , in the District Court for Water Division 1; and
WHEREAS , the initial trial took place in 2000 with judgment and costs for litigation awarded
to the objectors in 2003 against Park County Sportsmen's Ranch LLP, with the City of
Englewood being awarded $100 ,000 ; and
WHEREAS , no payment have been received , just a recorded interest in the ranch ; and
WHEREAS , the passage of this proposed Ordinance and this Agreement allows the objectors
to share and exchange infom1ation, share costs and strategies and keep information confidential
to determine whether to pursue the judgment further to collect these judgments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENG LEWOOD, COLORADO, AS FOLLOWS :
Section 1. The Intergovernmental Agreement for "Confidentiality Agreement" is hereby
accepted and approved by the Englewood City Council and is attached hereto as "Exhibit A".
Section 2. The Mayor is authorized to sign said Agreement for and on behalf of the C ity of
Englewood.
Introduced, read in full , and passed on first reading on the 3rd day of December, 2007 .
Published as a Bill for an Ordinance on the 7lh day of December, 2007 .
James K . Woodward, 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 3rd day of December, 2007 .
Loucrishia A. Ellis
CONFIDENTIALITY AGREEMENT
This CONFIDENTIALITY AGREEMENT ("Agreement") Is entered Into this
___ day of December, 2007, by and among the County of Park, State of
Colorado, whose address Is P.O. Box 1373, Fairplay, Colorado 80440-1373 ("PC");
the Upper South Platte Water Conservancy District, a quasi-municipal corporation
organized under Title 32, whose address Is P.O. Box 612, Fairplay, Colorado
80440-0612 ("USPWCD"); the Center of Colorado Water Conservancy District, a
quasi-municipal corporation organized under Title 32, whose address Is P.O. Box
1747, Fairplay, CO 80440-1747 ("CCWCD"); the City of Thornton, a Colorado
municipal corporation, whose address Is 9500 Civic Center Drive, Thornton, CO
80229 ("Thornton"); the City of Englewood, a Colorado municipal corporation,
whose address Is 1000 Englewood Parkway, Englewood, Colorado 80110-2304
("Englewood"); the Centennial Water and Sanitation District, a quasi-municipal
corporation organized under Title 32, whose address Is 62 West Plaza Drive,
Highlands Ranch, Colorado 80129 ("Centennial"); (collectively the "Parties").
Recitals
WHEREAS, the Parties were objectors to the application for water rights
filed by the City of Aurora and Park County Sportsmen's Ranch, LLP ("PCSR") in
Case No. 96CW014, in the District Court for Water Division 1 ("the Application"),
and were similarly aligned in opposing the Application;
WHEREAS, the entities below were each awarded their costs against Park County
Sportsmen's Ranch LLP in the following amounts:
PC/USPWC $473,916.31
Center of Colorado Water Conservancy District $206,687.69
("CCWCD
Thornton $235,775.87
Centennial $186,547.42
Englewood $98,908.84
PCWPC $14,107.07
James T. Benes, James T. Benes Jr. and $4,692.91
Cassandra L. Benes Trust and Tarryall Land &
Cattle Company ("Benes
• X
1-1
I • +
A
WHEREAS, the judgment awarded to PCWPC has been assigned to CCWCD and the
judgment awarded to Benes has been assigned to Centennial;
WHEREAS, the purpose of this agreement is to allow for potential future joint efforts
to collect the above referenced judgments;
WHEREAS, the Parties have concluded that for the purpose of collecting the
judgments, they have substantially identical legal interests and that, due to such identical
interest, the parties and legal counsel must engage in free and open communication in
sharing of information so that legal counsel can provide efficient and appropriate legal
advice concerning this matter;
WHEREAS, the Parties have concluded that it is in their common interest to share
information regarding the collection of the judgments, including written and verbal
communications which would normally be subject to the attorney/client privilege and/or .
the attorney work product doctrine if solely shared between counsel and their own clients;
WHEREAS, the Parties enter into this agreement to confirm their common interest
in this matter and to preserve all privileges and immunities which attach to any materials
and communications that may have been or may be in the future shared among the
Parties and their legal counsel in pursuit of the collection;
WHEREAS, all of the Parties filed transcripts of their judgments in the real estate
records of Park County;
NOW THEREFORE, in consideration of the foregoing recitals, the Parties and their
counsel agree as follows:
Parties
The Parties to this Agreement intend it to include the law firms and
attorneys who have signed their names below (the "Signatories"), as well as those
employees, officers, directors, non -testifying consultants and other individuals
associated with each party who have actual knowledge of shared privileged
information.
Terms and Consideration
1. All communications among the Signatories and the Parties which are
made in connection with the Action are confidential and privileged. Such
communications (hereafter referred to as "Shared Privileged Information")
include, but are not limited to: (a) discussions among the Parties at meetings to
investigate or pursue cost recovery litigation; (b) consultations with experts, or
reports or analyses prepared by such experts, prior to a joint decision that any
such expert will be called as a witness or that such report or analysis will be used
(
at trial; (c) any communication to or from the Signatories, or the Parties, whether
written or oral, which relates in any way to the mental impressions, conclusions,
opinions, or legal theories of any Signatory or other representative of a party
concerning cost recovery litigation.
2. Unless all the Signatories consent, shared privileged information
may be transmitted only to the Signatories, the Parties, separate counsel
representing the Parties, and, to the extent necessary, expert consultants
retained by the parties. No party shall knowingly make use of Shared Privileged
Information to the disadvantage of any of the other parties to this Agreement.
3. It is understood that the types of materials which might not be
protected by the joint litigation privilege pursuant to this Agreement Include: (a)
interviews with non-party witnesses; or (b) any information available In the public
domain, whether or not such information was obtained from such public sources.
4. The Signatories will take responsibility for ensuring that their clients,
any experts consulted, and any witnesses interviewed will be Informed, to the
extent applicable, of the confidentiality restrictions imposed by this Agreement.
5. Any party who withdraws from this Agreement, or falls to comply
with its terms, shall promptly destroy or return to any other party to the
Agreement any Shared Privileged Information in his, her, or its possession. The
withdrawing party shall remain obligated to preserve the confidentiality of all
Shared Privileged Information received by or disclosed to it pursuant to the terms
of this Agreement.
6. Damages for breach of contract, specific performance, and
injunction, are remedies available for enforcement of the confidentiality terms of
this Agreement.
7. This Agreement may be executed in counterparts, and a signature
transmitted by facsimile shall have the same force and effect as the original
signature.
Dated this ____ day of ___ , ___ . ___ ,_, 2007 .
Signatories:
PARK COUNTY
3
CENTER OF COLORADO WATER
CONSERVANCY DISTRICT
Its-------------
UPPER SOUTH PLATTE WATER
CONSERVANCY DISTRICT
By _____________ _
Its--------------
Its-------------
CENTER OF COLORADO WATER
CONSERVANCY DISTRICT as assignee of
PARK COUNTY WATER PRESERVATION
COALITION
By ____________ _
Its-------------
BERNARD LYONS GADDIS & KAHN, P.C., FELT MONSON & CULICHIA, LLC,
Counsel for Park County and Upper Counsel for Center of Colorado Water
South Platte Water Conservancy District Conservancy District and Center of
CITY OF THORNTON
By Jack Ethredge
Its City Manager
Approved as to form and as Counsel for
Thornton
Margaret Emerich , City Attorney
Dennis A. Hanson , Assistant City
Attorney
Colorado Water Conservancy District as
assignee of Park County Water
Preservation Coalition
CITY OF ENGLEWOOD
By Stewart H. Fonda
Its Director of Utilities
BERG HILL GREENLEAF & RUSCITTI LLP ,
Special Water Counsel for City of
Englewood
By Geoffrey M. Williamson
CENTENNIAL WATER AND SANITATION
DISTRICT
By _____________ _
Its---------------
HAHN, SMITH, WALSH & MANCUSO,
P.C., Counsel for Centennial Water and
Sanitation District
Steven J. Hahn
Gilbert Y. Marchand, Jr., Counsel for
Centennial Water and Sanitation District,
f :\cllents\p\parkc\Src \20070928·Jolnt collection and confldent lallty agreement.doc
5
(
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO . 71
INTRODUCED BY COUNCIL
MEMBER MOORE
AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF PROPERTY
ACQUIRED THROUGH THE HOUSING REHABILITATION FUND LOCATED AT 2397
WEST HARV ARD A VENUE IN THE CITY OF ENGLEWOOD, COWRADO.
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 Rehabilitation Program was created in 1976 to preserve
the existing housing stock in Englewood and to address the problems of low-income families with
the financing of major household repairs ; and
WHEREAS , the Rehab Program approv es home improvement Joans 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 by filing the required documents with the Public Trustee 's Office; and
WHEREAS , the property located at 2397 West Harvard Avenue was acquired by the City of
Englewood through the foreclosure process ; and
WHEREAS , this property went to public sale on August 8, 200 7, and the property was sold
back to the fi rst mortgagee who init iated the fore closure; 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, t he City (t he second mortgagee) was noti fi ed on October 23, 2007 of the amount
needed to redeem the property no later than November 1, 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
11 b I
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 .
Read by title and passed on final reading on the 3rd day of December, 2007 .
Published by title as Ordinance No._, Series of 2007 , on the 7th day of December, 2007 .
James K . Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Lou crishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published b y
title as Ordinance No . _, Series of 2007.
Loucrishia A. Elli s
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 72
INTRODUCED BY COUNCIL
MEMBER OAKLEY
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF TWO
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR TIIE REALLOCATION OF
FUNDS FROM THE 2006 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM (CDBG) BETWEEN THE ARAPAHOE BOARD OF COUNTY
COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City Council of the City of Englewood approved the execution of an
Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage
of Ordinance No. 39, Series of 1994, covering the City's participation in the Arapahoe County
CDBG Entitlement Program as extended by Amendment No. 3, for funding years 2004 through
2006;and
WHEREAS, the Englewood City Council passed Resolution 78, Series of 2005, supporting
Housing and Community Development that authorized submitting an application for 2006 CDBG
funding; and
WHEREAS, the Englewood City Council approved the execution of three intergovernmental
Subgrantee Agreements (CDBG) with Arapahoe County, one of which was for the Housing
Rehabilitation Project for the year 2006 by the passage of Ordinance No . 11, Series 2006; and
WHEREAS, in 2006 Englewood received from Arapahoe County a CDBG grant of$75,000
for the Housing Rehabilitation Project; and
WHEREAS, the Subgrantee Agreement requires all program income to be spent first before
any additional CDBG funds can be requested from the County; and
WHEREAS, the City requested extensions of time from Arapahoe County to spend the funds
beyond the May 31, 2007 deadline ; and
WHEREAS , in October 2007 the Arapahoe County Commissioners approved the request to
reallocate the 2006 CDBG funds of $75,000 to the Paseo Project (Phase 1) and the Northwest
Englewood Sidewalk Project; and
WHEREAS , the passage of this Ordinance authorizes and approves the execution of two
Intergovernmental Subgrantee Agreements for the reallocation of funds from the 2006 Arapahoe
County Community Development Block Grant Program (CDBG) between the Arapahoe Board of
County Commissioners and the City of Englewood, Colorado .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
11 b ii
Section 1. 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.
Read by title and passed on final reading on the 3rd day of December, 2007 .
Published by title as Ordinance No._, Series of 2007 , on the 7th day of December, 2007 .
James K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis , City Clerk
I, Loucri shi a A. Elli s , City C lerk of the City of En gl ew ood , Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and pub lish ed b y
title as Ordinance No._, Series of 2007 .
Loucrishia A. E ll is
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 Arapahoe,
State of Colorado, for the Community Development Block Grant Program in the Community Rs ources
Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred ID 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 anended,
and of the Community Development Block Grant (CDBG) Program under this Title is the develqment of
viable urban communities, by providing decent housing, a suitable living environment and e1panding
economic opportunities, principally for low and moderate income persons.
The project by the SubGrantee known as the Paseo Project, Phase I (Project) has been categorized as a
Public Facility project and the SubGrantee will maintain documentation with the national objective of Area
Bene fit activities.
The SubGrantee may proceed to incur costs for the Project upon receipt of an official ''Noti ce to Proceed"
from the County.
II. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the scope of the work to b e completed:
Th e SubGrantee w ill utili ze CDBG funding to complete Phase I of the reconstruction of a 6 ,000 square foo t
walkway owned b y the City of En glewood into a lighted, active public pl aza, known as the Paseo Proj ect.
The walkway is located between two historic buildings in downtow n Englewood in the 34 0 0 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 und erstood that th e total amount to b e pai d by the County un d er this
contract shall not exceed $50 ,000.00 . Drawd owns for th e payment of eli gi bl e expen ses sh all be
made against the line item budgets specified in the Project Budget an d 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 s.
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B
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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 S ubGrantee 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. Time line
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 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. 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:
Accessibility -increase public area access , increase pedestrian acc ess
Recreation -community usage, v i sual attractiveness
3. Quarterly Performance Standards:
December 31. 2007:
Prepare survey
Contract with design consultant
Preliminary d esign
Fi nal design and construction documents
March 31. 2008:
Advertise and bid project
Open bids and award contract
2
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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 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 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 ari se . The SubGrantee cannot engage in a federally funded contract with any entity
registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement
Pro grams.
B. Non-Appropriations Clause
The SubGrantee agrees that it will include in every contract it enters, which relies upon COB O
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 CDBG funding
for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the
extent there is a conflict the funding provisions of this SubGrantee 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. Ex pendit u re R estrictio ns
4
All CDBG funds that are approved 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 responsibility of the
SubGrantee.
I . The SubGrantee agrees that all funds allocated to it for approved projects or acti vi ties
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
fund ing.
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 pro p erty occasioned by the acts
or omissions of Sub Grantee, its officers, employees, agents, co ntractors or sub co ntractors, arising
out of or in any way connected with the Project or the performance of this contract.
G. Bondin g and In surance
5
If the SubGrantee's projects involve construction activities , any Contractor it uses for said acti vities
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 follows :
1. 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 injuri es to and death of workers engaged
in work under any contract funded pursuant to this agreement. Co verage to include
Wai ver 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 the insurance
policies so effected shall protect the parties and be primary co verage for any
and all losses covered by the described insurance .
b . The cl ause entitled "Other In surance Pro vis ions" contained in any po licy
incl uding 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 form of any policy.
d. Any and all deducti bles contained in any insurance policy shall be assumed
by and at the so le risk of the Contractor.
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
6
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complied with the foregoing insurance requirements. The SubGrantee shall also
submit a copy of the Contractor's certifi cates 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 wai ve 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 an y aud it 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 SubGran tee shall fil e all reports and other information neces sary to comply with applicable
Fed eral laws an d regu latio ns as require d b y the County and HUD. This shall include pro viding to
the County the information necessary to com pl ete annu al Perform ance R eport s in a ti mely fa shio n.
J. Timeliness
The SubGrantee shall comply with the quarterly performance standards established in Section Il-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. R eimb urse ment for Expenses
The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee
mu st submit to the County's Housing and Community Development '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 (10) 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 Agreement
shall apply to any subcontract.
P. Suspension or Termination
This Agreem ent m ay be suspended or terminated by the County if the SubGrantee materi all y fa il s
to comply with any term of this Agreement. Thi s Agreem ent may also be termi nated for
con ve nience by mutual agreement of the County and the SubGrantee.
Q. In the event that the Unit of General Local Government should withdraw from the County's
"Urban County" designatio n , this Agre ement shall terminate as of the termi nation date of the
County's CDBG grant Agreement wi th HUD .
R. The SubGrantee certifies th at to the best of its know ledge an d b elief:
1. No Federal appropriated funds have been pai d or will be pai d, by or on behalf of it ,
to any person for influencing or attempting to influence an officer or employee of
8
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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
The Parties 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
The County's administrati ve obligations to th e SubGrante e purs uant to paragraph A abo ve shall be
limited to the perform ance of the admini strati ve tasks necessary to make C DBG funds avail able to
the SubGrantee and to provi de 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. Reportin g to H UD
The Co un ty will be responsible for seeing that all necessary reports and informatio n req uired of the
Co unty are fi led with HUD and other applicable Federal agencies in a timely fashion.
V. EXT ENT OF THE AGRE EM ENT
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 th e Board of County Commissioners
Pursuant to Resolution #070 118
10
PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
Project Activities Estimated Total Cost of CDBGFunds Other Funds Committed
(specify by Une Item) Activity
hnprovcment land survey Sl,100 so SI.100
Architectural design fees Sl7,000 so Sl7,000
Project management S2 ,500 so S2,500
Demo existing improvements, SS0,000 SS0,000 so
grading and utility sleeving, and
concrete paving
TOTAL: S70,600 SS0,000 S20,600
(
SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: ZUNI AND WESLEY STREET SIDEWALK IMPROVEMENTS
PROJECT NUMBER: ENPF 629
This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe,
State of Colorado, for the Community Development Block Grant Program in the Community Resources
Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to 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 develq,ment 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 categori zed as a Public Facility project and the SubGrantee will maintain documentation
wi th the nati onal obj ective of Area Benefit activities .
The SubGrantee may proceed to incur cos ts for the Project upon receipt of an official ''Notice to Proceed"
from the County.
II. WORK TO BE COMPLETED BY THE SUBGRANTEE
The follo wing p rovisions ou tline the scope of the wo rk to be completed :
The Sub Grantee will util ize C DB G fun ding to in stall/repl ace approx imately 380 feet (approxi mate ly 2,500
square feet) of curb, gutter, an d 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.
A. Payment
It is expressly agreed and understood that the total amount to be paid by the County under this
contract hall not exceed S2S,OOO .OO . 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 Il-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
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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 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 in dustry and local
codes and standards, as well as the Americans \h.,1 Disabilities Act.
2 . Community Impact:
Accessibility -increase public area access, increase pedestrian access
3. Quart erly P erformance Standard s:
December 31. 2007:
Prepare bid package
March 31, 2008 :
Select co ntractor
Begin construction and testi ng (dep end ing upon weather)
May 31, 2008 :
Complete construction and testi ng
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 Statem ents 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:
Tbis 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 onl y upon satisfactory completion of env ironmental
review and receipt by Arapahoe County of a release of funds from the U .S. Departm ent 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 acti vities require compliance with th e Uniform Rel ocati on Act. It has been determined that
no acti on is necessary.
III. RESPONSIBILITIES OF THE SUBGRANTEE
A. Fed eral Compliance
The Sub Grantee shall comply with all applicable federal laws, regulations and requirements, and all
p rovis ions of th e grant agreements received from the U.S . Department of Housing and Urban
D evelopment (HU D) by th e Co unty. These include but are not limited to compliance with the
provisions of th e Ho usi ng an d Community Development Act of 1974 and all rules, regulations ,
gu ideli n es 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 :
3
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 I04(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
liability or responsibility or any suit which might result from the discontinuance of CDBG funding
for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the
extent there is a confl ict the funding provisions of this SubGrantee 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 publi c work projects.
C. Ex pendi ture Restric tion s
All CDBG funds that are approved by HUD for expenditure under the County's grant agreement,
incl udi ng those that are id entified for the Sub Grantee's Projects and ac tivities , shall be allocated to
the specific projects and activi ties describ ed and listed in th e grant agreements . The allocated funds
shall be used and expended only for the projects and activities for which the funds are identified .
D. Agree ment Chan ges
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 activities
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 , liab ilities , claims, suits, actions or costs , including attorneys fees, made, as serted or
incurred as a result of any damage or alleged damage to person or property occasioned by the acts
or omissi ons of SubGrantee, its officers, employees, agents, contractors or subcontractors , ari sin g
out of or in any way conn ec ted with the Project or the performance of this contract.
G. Bondin g and Insuran ce
If the SubGrantee's projects involve construction activities, any Contractor it uses for said activities
shall be required to provide and mai nt ain, until final acceptance by the SubGrantee of all work by
such Contractor, th e kinds and mini mum amounts of insuran ce as fo llo ws:
I . Comprehensive General Liability: In the amount of not less than $1,000,000 combined
single limit. Coverage to incl ude:
a. Premises Operations
b . Products/Completed Operations
5
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
1. 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 the insurance
policies so effected shall protect the parties and be primary cov erage 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 form of an y policy.
d . Any and all deductibles contained in any insuranc e policy shall be assu med
b y and at th e so le ri sk of the Contractor.
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 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.
6
In accordance with 24 CFR parts 84 and 85 , the following bonding requirements shall apply to all
projects exceeding the simplified acquisition threshold:
I . A bid guarantee from each bidder equi valent 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 neces sary to comply wi th appli cable
Federal laws and regulations as required by the County and HUD . This shall include pro v iding 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 fund s.
K. Reimbursement for Expenses
The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantce
must submit to the County's Housing and Community Development Services Division
documentation in the form required by that D ivision which properly and fully identifies the amount
which the SubGrantee is requesting at that time. The County shall have ten (10) working days to
review th e requ es t. Upon ap proval of th e request, th e Coun ty will distri bute the requested fund s to
the SubG rantee as soon as po ssi ble .
L. Prog ram 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 this Agreement
shall apply to any 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
convenience by mutual agreement of the County and the SubGrantee.
Q. In the event that the Unit of General Local Government should withdraw from the County's
"Urban County" designation, this Agreement shall terminate as of the termination date of the
County's CDBG grant Agreement with 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 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 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,
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. Dis allowance
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 w ill b e res pon sible for seeing th at all necessary reports an d informati on r equired of th e
County are filed with HUD and other applicable Federal agencies in a timely fashion.
V. EXTENT O F T H E AGREEMENT
This agreement, incl ud ing any docum ents attac h ed as exhibits which are hereby incorporated herein
by reference, represen ts th e ent ire an d integrated agreement b etween the County and S ubG rantee
and supe rcedes all pri or n egotia tio n s, representation s or agreem ent s, ei ther written or oral. Any
amt:ndments to this agreement m u st be in wri ting and signed b y bo th the County and S ub Grantee.
If any portion of this agreement is found b y a court of competent jurisd iction to b e 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.
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
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PROJE T BUDGET
COLUMN A COLUMN& COLUMNC COLUMND
Project ActMdel ~ .... c .... , CDIGFHd1 Other Funds Committed
(apedfy by Une Item) ~
Construction and tcstin1 of •. ooo S:!5 ,000 so
approximately 2,500 aquan: fed
of curb, iUttcr and sidewalk
Administration SS.000 $5,000
TOTAL: Sl(I , $25 ,000 $5 ,000
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
December 3, 2007 11 Ci Tank repairs to the Clarkson Stre et 6-Million-Gallon
Reservoir
Initiated By: Staff Source:
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the roof rehabilitation of the 6-million-gallon reservoir on August 21, 2000 in the
amount of $77,325 to ABCO Contracting.
Council approved the bid award for the tank repairs of the two Clarkson Street 3-million-gallon
reservoirs to RN Civil Construction in the amount of $201, 1 73 on November 4, 2004.
On September 19, 2005, Council approved the bid award for the tank repairs of the East Clarkson
Street 6-million-gallon reservoirs to Premier Spec . Contractors in the amount of $261,285.
RECOMMENDED ACTION
At their November 13, 2007 meeting, the Water and Sewer Board recommended Council approve,
by Motion, the bid award for the Clarkson Street 6 million gallon reservoir tank roof repairs to the
lowest technically acceptable bidder, Restructlon Corp., In the amount of $102,805.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Clarkson 6 million gallon tank is a treated water reservoir that is 230 feet in diameter by 21.5
feet deep. The tank has an 8-inch thick post tensioned concrete flat slab roof which is supported by
a perimeter wall and co ncrete columns. Structural deterioration of the tank roof has occurred due
to weather and age.
The repairs would involve removing and replacing four roof-supporting tendons on the conc rete
roof of the tank . Project includes concrete removal , surface preparation, steel surface preparation,
patching and reinforcement. Cracks and joints will also be sealed .
The City will empty the tank prior to construction. The tank is located in Gre\'nwood Village o n
Sun et Ridg e, south of Clarkson and Belle view.
Three responses were re ce ived for the 6 Million Clarkson Street Reservoir Ro of R pair . WIE
n inee rs reviewed th e bids and re comme nds Restru c tion Corp. be awarded th con tra ct in th e
amount of $102 ,805 . Restruction Corp . is the lowest te chnica ll y acceptable bidd r.
FINANCIAL IMPACT
The original 2007 budgeted amount was $150,000 for two concrete roof repairs. The clearwell
roof repair was $50,309 .
A bid opening was held on November 21, 2007 and Restruction Corp. was the lowest technically
acceptable bidder in the amount of $102,805.
LIST OF ATTACHMENTS
Bid Tabulation Sheet
r
!
~
City of Englewood B i d Tabula tion Sheet
Bid Opening Date: November 21, 2007 10:00 a.m.
Proposal# IFB--07-144 Clarkson Street Reservoir Repair
Premier Specialty Contractors Asian Construction 640 Restruction Corp. Structure, Inc.
2311 S Platte River Dr. E Eisenhower Ste 2 Loveland, 3870 Platte Ave. 4 lnveness Ct E250
VENDOR Denver, CO 80223 co 80537 Sedalia, CO 80135 Englewood, CO 80115
Bid Bond/Addendum Y/Y Error in calulation Y/Y Errors In calulatlon Y/Y NOBID
Item Description of Item Unit Quantity Cost Per Unit I Total Cost of Item Cost Per Uni t! Total Cost of Item Cost Per Unitl Tota l Cost of Item Cost Per Un it! Total Cost of Item No .
Replacement of post-SF 5 $8,200.00 $41,000.00 $4,500 .00 $22 ,500.00 $6,170.00 S3o ,aso.oo I so.oo I $0.00 tensioned tendons
2 I Concrete patching, top
lsurface SF 15 $75.00 $1,125.00 $75.00 $1 ,125.00 $249.00 S3.735 .oo I s o .oo I $0.00
3 !Concrete patching, I underside 'ceilinn I
SF 15 $525.00 $7,875.00 $150.00 $2 ,250.00 $328.00 $4.920 .00 I so.oo I $0 .00
4 I Concrele palctwlg. vertical
surface SF 30 $190.00 $5,700 .00 $110.00 S3 ,3oo.oo I S205 .oo I ss.1so.oo I so.oo I $0 .00
5 Remove (E ) sealant. instal FT 1,100 $5.00 $5,500.00 $15.00 $16,500.00 $4.90 S5 ,390 .oo I s o .oo I $0.00 tNI sealant a <El cracb
6 Raul and seal (N) cracb FT 600 $5.00 $3 ,000.00 $35.00 $21,000.00 $5.00 S3 .ooo.oo I so.oo I $0 .00
7 1Applyswtace pei••;g
sealer ( siane) SF 43,000 $6.00 $43,000.00 $4.00 $172,000.00 $0.77 S33 , 11 o .oo I so.oo I $0 .00
8 '~~.filing sealer SF 12.000 $1 .85 $22.200.00 $7.50 $90,000.00 $1.05 s12.600.oo I s o .oo I $0.00
9 jMobiization $11 ,450.00 s 11 ,450.00 $1,000.N s 10.000.00 $3,050.00 $3,050.00 $
TOTAL I I I ,,. ...... $331.175.00 $102,805.00 SD .DO
DO lua C )Dc:.a bd doc bJ 1711C>R..ES 4J7~7-1~Tau1s
...,.-----'
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COUNCIL COMMUNICATION
Date: Agenda Item : Subject:
December 3, 2007 11 C ii Paseo Redevelopment Project (Phase I)
Professional Services Agreement
Initiated By: Staff Source:
Community Development Department Brook Bell , Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved on first reading an Intergovernmental Agreement with Arapahoe County at the
November 19, 2007 regular meeting, reallocating $50,000 of the 2006 Community Development
Block Grant (CDBG) funds toward construction of Phase 1 of the Paseo Redevelopment Project.
Council is scheduled to consider the reallocation on second reading at the December 3, 2007
meeting. •
RECOMMENDED ACTION
Staff recomm ends that Council approve, by Motion, a professional services agreement with
Mundus Bishop Design, Inc. of Denver. Under the agreement, Mundus Bishop would provide
project design , construction documents, construction inspection assistance, and subcontract civil
engineering, irrigation, electrical , and geotech services as required to complete the project.
BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Paseo Rede v elopment Project proposes to transform a 6,000 square foot existing walkw ay
owned by the C ity into a lighted , safe and act iv e public plaza. This plaza w ill be located between
two build in gs in D owntow n Engle wood o n th e west side of the 3400 b loc k of South Broad way.
Phase 1 wi ll remove exis t ing concre te , rock aod ov ergrown land sc ap ing; i nstall c ondu its for
underground utilities, and replace the walkway for the plaza. A 2008 CD BG appl ication is pending
for Phase 2 that will install new lighting, seating, irrigated plant beds and landscaping.
Mundus Bishop Design , Inc. is a landscape architecture firm in Denver with extensive experience in
the design of urban public places . This professional services agreement will include the following
services: prepare bid documents; obtain civil engineering, irrigation, electrical, and geotech
information required to complete the construction documents; and provide construc t ion inspection
assistance.
Staff requested design proposals from two qualified and respected local design firms . These two
firms were Mundus Bishop Design , Inc. and EDAW, Inc. After meeting with each of the consultants
and reviewing th eir proposals, staff recommends that the professional service agreement be
awarded to Mundus Bish op Design in the amount of $23,070. The proposal of Mundus Bishop
-
included electrical and irrigation design, geotechnical (soil) investigation, and construction
observation. The EDAW proposal did not include these services.
FINANCIAL IMPACT
The funding for the professional services agreement will come from the 2007 Community
Development Department professional services budget. Construction costs for Phase 1 are fully
funded with 2006 Community Development Block Grant (CDBG) funds. A 2008 CDBG
application is pending for Phase 2 of the Paseo Redevelopment Project.
LIST OF ATTACHMENTS
Professional Services Agreement and Scope of Services from Mundus Bishop Design, Inc.
City of Englewood, Colorado
Contract for Professional Services
THIS CONTRACT and agreement, made and entered into this _ day of , 2007 by and
between the City of Englewood, a home rule municipal corporation of the State of Colorado, hereinafter
referred to as the "City", party of the first part, and Munds Bishop Design, Inc .. , hereinafter referred to
as the "Consultant", party of the second part, for the following:
PROJECT: Paseo Redevelopment Project.
WHEREAS, a proposal pursuant to said project has been received by the City of Englewood and
reviewed by the Director of Community Development; and
WHEREAS, the Contract has been awarded to the above named Consultant by the City and said
Consultant is now willing and able to perfonn all of said work in accordance with his proposal.
NOW THEREFORE, in consideration of the compensation to be paid to the Contractor, the mutual
agreements hereinafter contained are subject the tenns hereinafter stated:
A. Contract Documents: It is agreed by the parties hereto that the following list of instruments,
drawings and documents which are attached hereto , bound herewith or incorporated herein by
reference constitute and shall be referred to either as the Contract Documents or the Contract and
all of said instruments, drawings, and documents taken together as a whole constitute the Contract
between the parties hereto and they are as fully a part of this agreement as if they were set out
verbatim and in full herein:
• Scope of Services (attached)
• Contract (this instrument)
B. City Obligations/Confidentiality: The City shall provide Consultant with reports and such
other data as may be available to the City and reasonably required by Consultant to perform
hereunder. No project information shall be disclosed by Consultant to third parties without prior
written consent of the City or pursuant to a lawful Court Order directing such di sclosure . All
docum ents provided by the City to Consultant shall be returned to the City. Con sulta nt is
authorized by the City to retain copies of such data and materials at Consultant's expense.
C. Scope of Services: The Consultant agrees to and shall furnish all labor, tools, supplies,
equipment, materials and everything necessary for and required to do , perfonn and complete all
the work described , drawn , set forth, shown and included in attached Scope of Services.
D . Indemnification : The Cons ulta nt agrees to indemnify and hold harmless the City, and its
officers and its employees, from and against a ll liability, claims, demands , and expenses,
including court costs and attorney fees, on account of any injury , loss , or damage , which arise out
of or are in any manner connected with the work to be performed under this Agreement, if such
injury, loss , or damage is caused in whole or in part by the negligent act of omission, error,
professional error, mistake , accident, or other fault of the Consultant, any subcontractor of the
Consu ltant , or any officer, employee , or agent of the Consultant. The obligations of this Section
D shall not apply to damages which the City shall become liable by final judgment to pay a third
-
party as the result of the negligent act or omission, error, professional error, mistake , accident, or
other fault of the City of Englewood.
E. Terms of Performance: The Consultant agrees to undertake the performance of the work
under this Amendment to Contract within ten ( 10) days from being notified to commence work
by the Director of Community Development and agrees to fully complete said work within the
time frame detailed in the attached Scope of Services , plus such extension or extensions of time,
requested in writing, as may be granted by the Director of Community Development.
F. Ownership of Work Product: Upon payment to Consultant pursuant to this Agreement, all
work, drawings, designs , plans, reports , computer programs (non-proprietary), computer input
and output, analyses, maps, or any other materials developed for this project are and shall be the
sole and exclusive property of the City. However, any reuse of the documents by the City
without prior written authorization by Consultant other than for the specific intended purpose of
this Agreement will be at the City's sole risk. The Consultant will provide the City with a ten
(10) day written notice prior to disposal of project documents it has retained during which time
the City may take physical possession of same at the storage site .
G . Terms of Payment: The City agrees to pay the Consultant for the performance of all the work
required under this contract, and the Consultant agrees to accept as his full and only
compensation therefore, such sum or sums of money as may be proper in accordance with the
price or prices set forth in the Consultant's fee schedule hereto attached and made a part hereof,
the total cost thereof not to exceed Twenty-Three Thousand Seventy Dollars ($23,070.00).
H . Appropriation of Funds: At present, $23,070.00 has been appropriated for the project.
Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or
insufficient funds are appropriated and budgeted by the governing body or are otherwise
unavailable by any means whatsoever in any following fiscal period, the City may terminate this
contract. If this contract is terminated due to insufficient funding , the Consultant will only be
required to complete and deliver that prorated portion of the Scope of Work completed with the
available funds. ln this situation, delivery of the prorated portion of the Scope of Work will
constitute completion of the Scope of Work and fulfillment of this agreement by Consultant.
The City shall immediately notify Munds Bishop Des ign , Inc or its assignee of such occurrence in
the event of s uch termination . All work accomplished by the Consultant prior to the date of such
termination shall be recorded and tangible work documents shall be transferred to and become the
sole property of the City prior to payment for services rendered.
I. Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of
the parties hereto, their heirs , executors , administrator, assigns, and successors .
J. Laws to be Observed: The Consultant shall be cognizant of all Federal and State laws and
local ordinances and regulations which in any manner affect those engaged or employed in the
work or which in any way affect the conduct of the work, and of all such orders and decrees of
bodies or tribunals having any jurisdiction or authority over the same, and sha ll at all times
observe and comply with all such existing laws, ordinances, regulations, and decrees, and shall
protect and indemnify the City against any c laim or liability arising so lely from or based solely on
the violati n s of any s uch law , ordinance, regulation , order or decree, whether by itself, its
s ubc ons ultant s, agents or employees .
2
K. Tennination and Assignment of Contract: The Consultant warrants that it has not employed
or retained any company or person , other than a bona fide employee working solely for it, to
solicit or secure this contract, and that it has not paid or agreed to pay any company or person,
other than bona fide employees working solely for the Consultant, any fee, commission,
percentage, brokerage fee , gifts, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warranty , the City will have the
right to annul this contract without liability, or, in its discretion to deduct from the contract price
or consideration , or otherwise recover the full amount of such fee, commission, percentage,
brokerage fee , gift, or contingent fee . It is the intent hereunder to secure the personal services of
the Consultant, in manner aforesaid , and this contract shall not be assigned , sublet or transferred
without the consent, in writing of the City.
L. Tennination: This Agreement may be canceled by either party providing thirty (30) day
notice to the other party . If this contract is terminated under this clause, the Consultant will only
be required to complete and deli ver that prorated portion of the Scope of Work completed to the
termination date. In this situation, delivery of the prorated portion of the Scope of Work will
constitute completion of the Scope of Work and fulfillment of this agreement by Consultant.
M. Inspections. Reviews and Audits: During all phases of the work and services to be provided
hereunder the Consultant agrees to establish a working office at a place agreeable to the City, and
permit duly authorized agents and employees of the City to enter the Consultant 's offices for the
purpose of inspections, reviews and audits during the normal working hours . Reviews may also
be accomplished at meetings that are arranged at mutually agreeable times and places .
Consultant and its subconsultants shall maintain all books , document s, papers , accounting records
and other evidence pertainin g to cost incurred and shall make such materials available at their
respective offices at all reasonable times during the contract period and for three years from the
date of final payment under the contract, for inspection by the City, or any authorized
representatives of the City, and copies thereof shall be furnished ifrequested .
N . Disputes : Except as otherwise provided in this contract, any dispute concerning a question of
fact arising under this contract which is not disposed of by agreement, and which is clearly within
the intent of the Scope of Work, will be decided by the Community Development Director for the
C ity of Englewood . The decision of the Community Development Director will be final and
conclusive unles s, within 30 day s after the date of receipt of a copy of such written decision , the
Con s ultant mails or otherwise furni shes to the City a written appeal addressed to the Community
Deve lo pm ent Director of the City of En gle wood . In conn ection with any appeal proceeding
under this clause, the Cons ul tant shall be afforded an oppo1t unity to be he ard and t o offer
evidence in support of its appeal. The Community Developme nt Director sha ll have 3 0 days to
respond to C onsultants appeal. If the dispute is not adequate ly reso lved after res pond in g to the
appeal , the City an d Consultant may unilaterally terminate this agreement w itho ut fu rther notice.
Pending final decision of a d is pu te here und er, the Consult ant sha ll proceed d ili ge ntl y with the
perfonnance of t he contract in accordan ce wi th th e Sco pe of Work attach ed here in. If th is
contract is tennin ated under thi s clau se, the Con sultant will onl y be required to complete and
deliver that prorated portion of th e Scope of Work compl eted to th e termination date. In thi s
s ituation, delivery of the pro rated p ortion of the Sco pe of Work will co n st itute complet ion of th e
Sco pe of Work and fulfill ment of th is agreement by Consul tant.
T hi s di s putes clause does not preclude considerat ion of questions of law in conn ecti o n s wi th
dec is ion s prov ided for in Paragraph above . Noth ing in th is contract, however, shall be construed
a ma ki ng final the decision of any administrative offi c ial , representative, or board on a question
of law .
3
>
0 . VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEO. REGARDING
ILLEGAL ALIENS
(a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ
or contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a
subcontractor that (i) knowingly employs or contracts with an illegal alien to perform work under this
Contract or (ii) fails to certify to the Contractor that the subcontractor will not knowingly employ or
contract with an illegal alien to perform work under this Contract. [CRS 8-17.5-102(2)(a)(I) & (II).]
(b) Verification: Contractor has verified or attempted to verify through participation in the
"basic pilot program" (authorized by P .L.204 of 104th Congress and amended by P .L.156 of 108 1h
Congress) that Contractor does not employ any illegal aliens. And , if not accepted into the "basic pilot
program" prior to entering into this Contract, Contractor further verifies, Contractor will apply to
participate in the "basic pilot program" every three months until Contractor is accepted or this Contract is
completed, whichever is earlier. [CRS 8-17 .5-102(2)(b )(I).]
(c) Limitation regarding the "Basic Pilot Program: Contractor shall not use basic pilot
program procedures to undertake pre-employment screening of job applicants while performing this
Contract. [CRS 8-17.5-102(2)(b)(II).]
(d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a
subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien ,
the Contractor shall;
(I) Notify the subcontractor and the City within three days that the Contractor has actual
knowledge that the subcontractor is employing or contracting with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if, within three days of receiving
notice that the Contractor has actual knowledge that the subcontractor is employing or contracting
with an illegal alien, the subcontractor does not stop employing or contracting with the illegal
alien. [CRS 8-17 .5-102(2)(b )(III)(A) & (B).]
(3) Exception: If the subcontractor provides information to establish that the
subcontractor has not knowingly e mployed or contracted with an illegal alien and the
subcontractor stops employing or contracting with the illegal alien.
(e) Duty to Comply with State Investigation: Contractor shall comply with any reasonable
request of the Colorado Department of Labor and Employment made in the course of an investigation
pursuant to C.R.S. 8-17.5-102 (5). [CRS 8-l 7.5-102(2)(b)(IV).]
(f) Damages for Breach of Contract: The City may terminate this contract for a breach of
contract, in whole or in part, due to Contractor's breach of any section of this paragraph. Contractor shall
be liable for actual and consequential damages to the City in addition to any other legal or equitable
remedy the City may be entitled to for a breach of this Contract.
IN WITNESS WHEREOF, the parties have caused these pre ents to be signed personally or by their duly
authorized officers or agents and their seals affixed and duly attested the day and year first above written.
Thi s Contract is executed in 2 counterparts.
4
CITY OF ENGLEWOOD
By:---------------
Alan White , Community Development Director
Party of the First Part
Consultant
By:
s
-----
B roadway Pasco lundu s Bi sho p Design , Inc
D es ign Deve lo pment and Con structi o n D o cuments
for th e Broadway P aseo Project
I-PROJECT TEAM AND QUALIFICATIONS
\Y/e ha ve as sembled a hi g hl y gualifi ed team of co n s ulrnnts for the Broadway P aseo p roject. O ur tea m
members ha ve wo rk ed toge ther o n numero us projects and unders ta nd the detailed nature of sm all
p rojec ts such as the P aseo. Our team is as fo ll ows:
Mundus Bishop Design, Inc.
Project Management / L andscape A rchitecture
Patrick Mm,dus / Rolry11 Bartling
Martin / Martin, Inc.
Civil Engineering/ Structural Engineerin g
Pat.ry S11/liva11
Avocet Irriga tion Design, Inc.
Irriga tion Design
Dave Zicker111a11
Kumar and Associates, Inc.
Geotechnical E ngineeri ng
Al Claybo11 m
Architectural Engineering Design Group, Inc.
Electrical Engineering
]011 Brooks
II -R E I.E\'AJ\:T PIWJ ECT EX P ER I ENCE
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(
Broadway P aseo t\fondu s Bish o p D es ign , Inc
III -WORK SCOPE
A detailed task and fee spread sh eet is included immedi ately after this s ummary of our proposed
scope of work. The sco pe of work is prese nted in the same order as the sprea dsh eet. The work
tasks are not necessaril y in a se quential order. The Design Team refers to the LLHA and
stakeholder s.
A. Project Start Up
1. Site and Master Plan Assessment -th e project will begin with a quick eval uati o n of the site
co nditi ons, opportunities and an evaluati o n of the surrounding urban fabric .
2. Establish Agency and Permitting Requirements -the consultant team will work closel y wi th
Englewood to develop a list of all requirements and reviews th at will need to be completed pri or to
construction. Given the required schedule anticipating all reviews and meetings will be crucial to
meeting th e goals. These will be inc orporated into the proj ec t schedule and timeline .
3. Project Schedule and Critical Path Timeline -a proj ect schedule and tirneline will be
d ev eloped and di stributed sh owing all ke y mil es tones , dates and re sponsibilities requir ed to m eet the
overall project schedule .
4. Site Survey -a site survey will b e prm·ided b y the City and formatted b y MBD for u se in the
project.
B . Concept Development Phase
'\' o rk in this pha se includ es de velo ping preliminary site concepts and a ssociated graphics necessa ry
for re\·iew and apprm·a1 by t he City. \~ork will show paving, w all s, land sca pe , ve rtical cl em ents and
clearly convey the design intent to the work . A preliminary cost estimate w ill b e developed to in s ure
that the project proceeds within its allotted budget. Two (2) client m eetings or prese ntatio ns are
included in this pha se.
3
Broadway P aseo l\lundus Bishop Des ign . In c
C. Construction Documentation
1. Construction Drawings -o ur consultant team will generate construction drawings fo r all site
d eme nts. T h ese w ill includ e:
Ex/rtino Co nditio ns and Demolitio n Pla n
Grading and Drainag e Plan
Erosion Co11trol.Pla ns and Detail
Jite L.,ighti11g Plan
Site T-4)1011/ Plan
L cmdrcape Plan
Irrig ation Pla n and Dcta;/r
.\ ite D etailr (paving and 111allr)
Site Fea t11re.r Dctail r (overhead or 11ertiml .rtmc/111<'.r, he 11 rhc.r , pavi11g, l'l c.)
Site F"mi.rhi110.r Detailr
2. Specifications -o ur con s ul ta nt team w ill d eve lo p Technical Specifi cations and the Rid Form for
all project e lements and materials.
3. City Submittal Plan -a city submittal mceung the requirements under the Small Lot
Devel o pment category will be completed.
4. Phasing -it is unders tood that the project will m ost like ly be implemented in two phases. t-.113D
w iJI develop construction locurnents with thi s in mind.
5. Costs and Quantities -a fin al construction cost esumate will be prepared for construcnon
budgeting. The costs and bid form w ill be coordinated for case of u se during bidding and
construction.
6. M eetings -:\ total of 2 Client meetings are included in this phase.
7. Submittals -Subrnittal s in chi s phase will be made at the 75lY'o, 95 % and Fina l Review sra g t.:s o f
the dc sig n process.
8. Bidding -During the 13idding Pha se our project team will pr ,·idc written re s p o mcs to Bickler
,1ut.:s ti o n s :rnd dc,·clop :\dc.lenda as rcguired ~ r th e project. t-.1131) will atrenJ the Prcbid t-.fcetin g.
0
Broadway Pa sco !\lun dus Bishop Design, Inc
E. Construction Period Services
T h e work scope includ es 4 site v1sm with field reports a nd time (8 h ours) for quesnon s and
clarifications . A ny work beyo nd t hi s w ill h e hill ed ~t MRD's h o url y rates.
Broadway Pa seo Mundu s Bi sh o p Design, In c
V -Fees
W/e h ave developed a detailed work scope and associated fees for review . A ge n er:1! list of tasks is
included on the following pages that indicated fees by task, phase and co n sult ant. The fo ll owing is a
sy nopsis of our fees .
Phase
A. Project Start U p /Site Assessment
B. Co nc ept Design Phase
C. Constructi on Documentation
D . Construction Period Services
TOTAL
.Ass umptions
Fee
$ 1,0 20 .00
$ 5,230 .00
$ 16 ,070.00
$ 750.00
$ 23,070.00
1. Sire Su1ve y -a ll sire smvey and utility loca ti o n work will be provided b )' Owner.
3.
-1 .
Und erground tilitie s and Condition s -1ll3D ca n n ot be re s p o n sibl e for conditions di scovered
underground during the planning or co n s tructio n pha ses.
Con sultant foes are in part ba sed o n the estimated p roject construction budget of$ 150,000 . Design
of improvements a b ove and beyond this budget are not included.
Rep rod uctio n -multiple copy reproduction for bidding is n ot included .
(1
S1.:o pc ut' \Vork a nd Esti ma1cd Fee s. Mundu s Bis hop De sign. 111c .
Project. Uruad wa~ 1•.au•u
C lient : L il y o f E11 glcwuod. CO
Date · 10 '3 11W07
Task
I St•rt 11 11 I Site An•h·sis !'hast
Stan Un Mce tiu~
Fi eld Wnrk
A1 1alv sislRc scarcl1 /Util 1tv Search
Base Mammie Fom1a11i11 •1
Adn1i111 s1ra 1io11 /Coordi11at io n
Direct Ex ncn scs
II C oiH.'l'UI l>rsif,!n Ph.as e
Dest)!.n Studies
Graohics
Estimate of Probab le Cos ts
Dc shm Su mm ary and Fi nal Gran hic~·
Gco tech Wo rk
Pro~ress Meetiu~s (2)
Admi11is tra tion/Coordi 11 a1ion/Rc vi ew
Direct Exoe nses
111 Cons lrm.·ti o n l>orurnent Phase
Existinl! Co nditi ons and De molitio n Plan
Si te Layout Plan
Site Gradi nl! Plan
Erosion Con1rol Pla ns ;.111d Dct ni ls
Pla111i111.!. Dcshm
I rrhrnti on Desi!r!11
Si te Li~hti1w
Site C1v1I De tai ls
Sitl' Fumishi111! Dttai ls
50% Subnuttal
C'o m111c111s and Revisi ons
Phasinll Work
75'}u Submittal
Co mments and Revisi ons
C11 y Submittal
100% Submittal
Fmal Ch,11•c s
Small Lot Submitta l
Es ti11 1;11c of Probable Costs
Technical Soccific:.11ions
Pro1?.ress Mectlll)l.S (2
Ad mi1 1i strati on'Coordina tion/Rcv 1cw
Att e11 d PrcBid
Q uestion s/ Addenda
Direct Expenses
\'I C on s1nu.·1i n n l1nioll St·n·ires
Sue Visits (4)
Questions and Queries
Direct E,pcn ses
I 0 1JI I lour~
ror ti i:.,T 111nn1 J·'F.F.
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I3 roa dwa y Pa seo l\[undus Bi shop Design, Inc
VI-PROPOSED SCHEDULE
It is o ur understanding that the project will b egin in December of 2007. Our goa l will b e to
co mplete the construction document work for Phase One by February of 2008 . The goal for the
completion of Phase Two work is March of 2008 .
'
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
December 3, 2007 11 C iii Contract Extension for Transit Shuttle Services
Initiated By: Staff Source:
Community Development Department Harold J. Stitt, Community Development Manager
PREVIOUS COUNCIL ACTION
Council approved by Ordinance 50 , Series of 2004, an Intergovernmental Agreement (IGA)
between the City of Englewood and the Regional Transportation District (RTD) for funding of the
Englewood Circulator Shuttle for 2004-2007 . Council approved by Ordinance 66, Series of 2007,
an Intergovernmental Agreement (IGA) between the City of Engle w ood and the Regional
Transportation District (RTD) for funding of the Engle w ood Circulator Shuttle for the fourth quarter
of 2007. Council approved, by Motion, in August 2004 a c ontract for transit se rv ices w ith Laidla w
Transit Services and subsequently extended this contract by Resolution No. 87, Series of 2005 and
Resolution No. 77, Series of 2006 .
RECOMMENDED ACTION
Staff recommends Council approve, by Motion, an agreement between the City of Englewood and
First Transit, Inc. for the fourth quarter 2007 operation of the Circulator Shuttle in the amount of
$71 ,213.76 .
BACKGROUND AND ANALYSIS
Thi s c ontra c t extens ion w ill prov id e fo r all ve hicl es and op erat ion al compon ents of th e art Shuttl e
fo r th e fourth quarter of 200 7. A s of September 28, 20 07, Laid law Tra nsi t Services, In c. m erge d
with Fir st Group, an d wi ll operat e und er th e name of Fi rst Transit, In c. Fu el will b e suppli ed by th e
City wi th rei m bu rsement t o the appropriate fund.
FINANCIAL IMPACT
The Firs t Tra nsi t contract is fo r the con t inuation of art Shuttle services in the amount of $71 ,2 13.76.
This amo unt is budgete d in t he Community Development Department budget. This cost will be
reimbursed by RTD less $22 ,402 that would have been collected had the shuttle operated as a fare
service under the terms of the Intergovernmental Agreement (IGA) approve d by Council through
Ordinance 66, Series of 2007. The contract continues the same level of service operating Monday
through Friday, 6:30 am to 6 :3 0 pm at no cost to riders .
Art Shuttle operations for 2008 will require a new IGA with RTD and a contract extension with First
Transit. These two items will be brought before Council in December. The City's portion of art
Shuttle operation costs is included in the Council approved 2008 Community Development budget.
AlTACHMENTS
Contract
,,
'
Transit Shuttle Services Operations Contract
This Contract is made and entered into as of the __ day of , 2007 , by and
betw een the City of Engl ewood , a Colorado Municip al Corporation (City) and First Transit Inc .,
a Delaware Corporation (First Transit).
WHEREAS, The purpose of this contract is to impl ement v arious transpo11ation services
and improvements to reduce dependency on the single occupant automobile, facilitate movement
of traffic to and within the commercial areas of the City of Englewood and to minimize traffic
congestion in the shuttle area.
WHEREAS , The City desires to engage First Transi t to provide said Transit Shuttle
Management and Operations service s ;
NOW, THEREFORE, in consideration of the mutual covenants and stipulations
hereinafter set forth , the sufficiency of which is hereby acknowledged, the parties agree as
follows :
1. Purpose: The purpose of this Contract is to set forth all of the terns and conditions agreed
upon between the Parties by which First Transit shall provide to the City transit
management and operations services , as provided herein. First Transit shall perfonn such
services as set forth in this contract using that degree of care, skill and knowledge
employed by leading contractors in the field of transit management and operations in the
United S t ates.
2 . Scope of Services: This Contract incorporates the requirements , conditions, obligations
and promises of the City's "Notice Inviting Proposals for a Circulator Shuttle in the
City of Englewood", dated April 5, 2004 (including Alternativ e A) and the "Proposal to
Provide Circulator Shuttle in the City of Englewood" by Laidlaw Transit Services,
Inc., dated April 23, 2004. Approved by Motion on August 2 , 2004 and incorporated
herein .
3. Independent Contractor: Th e C ity her eb y contract s w ith First Trans it to pro v id e th e
shu tt le servi ces d e scribed herein wi thin th e C it y o f E ng l ewood as an indep endent
cont ractor and not as an agent of th e City.
4. Quality of Service: First Transit acknowledges that, through the provision of services , the
City desires to provide to their citizens a high quality of service in the operation and
maintenance of this shuttle system . First Transit agrees to supply the shuttle services
described in paragraph two, above, in a safe, efficient an d p rofessional manner.
5. Co mp e n sa tion : Compensation shall be paid pursuant to Exhibits A and B b ut in no event
shall the compensation exceed $71 ,213.76 .
6. Term: This Contract shall be for a tenn of three months commencing upon September 10,
2007 and ending at midnight, December 31 , 2007 . Thereafter, the City Manager may
ex tend this contract for two consecutive one-year periods, subject to the same tem1s and
co nditi o n s of this contract.
Page l o f 4
7 . Applicable Law: The parties agree this Contract shall be governed by and construed in
accordance with the law of the State of Colorado . The venue for any litigation shall be
Arapahoe County, Colorado .
8. Termination: In addition to any other rights provided herein, the City shall have the right,
at any time and in its sole discretion, to terminate , not for cause, in whole or in part, this
Contract and further performance of the services by delivery to First Transit of written
Notice of Termination specifying the extent and effective date of termination.
9. Amendments: All changes to this Contract shall be in writing and executed by the
authorized officials of the Parties . In the event a change in this Contract causes an increase
or decrease in the Operating Expenses hereunder, th e Contractor and the City agree to
negotiate an increase or decrease in the contracted amount of compensation .
I 0. Assignment: First Transit shall not assign its performance of this contract without the prior
written consent of the City. Any attempt by the contractor to assign any performance of this
contract without such consent shall be null and void.
11. Subject to Annual Appropriation: Any provision of this agreem ent or its attachments
which impose upon Grantee, directly or indirectly, any financial obligation whatsoever to
be perfom1ed or which may be performed in any fiscal year subsequent to th e year of
ex ecution of this agreement is expressly made contin gent upon and subject to funds for
such financial obligation be appropriated , budg eted and otherwise made av ailabl e.
12 . Verification of Compliance with C.R.S. 8-17.5-101 Et.Seq. Regarding Illegal Aliens:
(a) Employees, Contractors and Subcontractors: Contractor shall not kI1ow 11.0 ly
employ or contract with an illegal alien to perform work und er this Contract. Contractor
shall not contract with a subcontractor that (i) knowingly employs or contracts with an
ill egal alien to perfonu work under this Contract or (ii) fails to certify to the Contractor that
th e subcontractor will not knowingly employ or contract with an illegal alien to perform
work und er this Contract. [CRS 8-17 .5 -10 2 (2)(a)(I) & (II).]
(b) Ve rification: Contractor h as ver i fi ed or att emp ted to verify through partici p ation
in the "basic pilot program" (authorized by P.L.204 of 104th Congress and amended by
P .L.156 of 108th Congress) that Contractor docs not employ any illegal aliens . And , if not
accepted into the "basic pilot program" prior to entering into this Contract, Contractor
further verifies, Contractor will apply to partici pate in th e "basic pi lot program" every three
months unti l Contrac tor is accepted o r th is Contrac t is com pl eted , wh ic h ever is earl ier.
[C R S 8-17 .5-102(2)(b )(I).)
(c) Limitation reg arding th e "Basic Pilot Program: Co ntrac tor shall not use basic
pi lot program procedures to undertake pre-emp loyment sc reeni n g of job applicants while
pcrfonuing this Contract. [CRS 8-17 .5-102(2)(b )(II).]
Page 2 of 4
,
)
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(d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a
subcontractor performing work under this Contract knowingly employs or contracts with an
illegal alien , the Contractor shall;
(1) Notify the subcontracto r and the City within three days that the Contractor has
actual knowledge that the subcontractor is employing or contracting with an
illegal alien ; and
(2) Terminate the subcontract with the subcontractor if, within three days of
receiving notice that the Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien, the subcontractor does not stop
employing or contracting with the illegal alien. [CRS 8-17 .5-102(2)(b )(III)(A) &
(B).]
(3) Exception: If the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien and
the subcontractor stops employing or contracting with the illegal alien.
(e) Duty to Comply with State Investigation: Contractor shall comply with any
reasonable request of the Colorado Department of Labor and Employment made in the
course of an investigation pursuant to C.R.S. 8-17 .5-102 (5). [CRS 8-17.5-102(2)(b)(IV).]
IN WITNESS WHEREOF, the parties have duly executed this Agreement, effective the
day and date first above written .
FIRST TRANSIT, INC
/
By :~~'t [57,;,r ~
Susan K Spry, Area Vke ~eident
STATE OF C OLORADO
COUNTYOF ARA PAH OG
)
)ss.
)
U ,.,~ N The foregoing instrument was acknowledged before me this _ day of ___ u'-l ___ , 2007, by
Su 0,u-. K . G~,,..,.
CJ1Uii~~G(. f2Jt,u
Notary Public
P ge 3 of 4
,
CITY OF ENGLEWOOD, COLORADO
By: __________ _
Mayor -James K. Woodward
Loucrishia A. Ellis, City Clerk
Page 4 f 4