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Home My WebLink About2006-05-01 (Regular) Meeting Agenda PacketRegular City Council Meeting May 1, 2006 Ordinance~' 8, 9, 10, 11, 12, 13 Resolution /~~~~~9, 50, 51, 52, 53 • 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session May 1, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:35 p.m. 2. Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn. 4. Roll Call Present: Absent: Council Members Tomasso, Moore, Barrentine, Oakley, Mccaslin, Woodward, Wolosyn None A quorum was present. Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Services Director Gryglewicz, Finance and Administrative Services Director Long, Library Director Ingle, Information Technology Housing Finance Specialist Grimmett, Community Development Police Commander Sanchez, Safety Services Police Sergeant Condreay , Safety Services Fire Division Operations Chief Pattarozzi , Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 17, 2006. Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Mot ion carried. Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None 6 . Recognition of Scheduled Public Comment Englewood City Councll May 1, 2006 Page2 (a) present. Englewood resident Kendall York was scheduled to speak on wind generators. He was not 7 . Recognition of Unscheduled Public Comment There were no unscheduled visitors . 8. Communications, Proclamations and Appointments (a) An e-mail from Randia Laga announcing her resignation from the Code Enforcement Advisory Committee was considered. COUNCIL MEMBER BARRENTINE MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF RANDIA LAGA FROM THE CODE ENFORCEMENT ADVISORY COMMITTEE. Council Member Barrentine said I am very sorry, as she will be missed. She was an attorney and I really appreciated her input. I am sorry she is not able to continue serving on the board. Mayor Wolosyn asked if there was any discussion. There was none. Vote results: Motion carried. Ayes: Council Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward, Tomasso , Oakley Nays : None (b) A proclamation declaring Judy Cain and the late Jim Cain as Englewood's Citizens of the Year for 2006 was considered. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING JUDY CAIN AND THE LATE JIM CAIN AS ENGLEWOOD'S CITIZENS OF THE YEAR FOR 2006. Mayor Wolosyn asked if there was any discussion. There was none. Vote results: Motion carried. Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward , Tomasso, Oakley Nays: None 9 . Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), (II), (Ill), 9 (b) (I) and 9 (c) (I), (II), (Ill), (Iv). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 8 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, SECTION 4 , OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHICH PERTAINS TO ELECTION RETURNS/CANVASSING . (ii) COUNCIL BILL NO. 9 , INTRODUCED BY COUNCIL MEMBER WOODWARD Englewood City Council May 1, 2006 Page3 A BILL FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE ADDITION OF A NEW SECTION 7 ENTITLED CONTRIBUTIONS. (iii) COUNCIL BILL NO. 10, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AMENDING TITLE 7 , CHAPTER 1A, SECTION 4 , OF THE ENGLEWOOD MUNICIPAL CODE 2000. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 6, SERIES OF 2006 (COUNCIL BILL NO. 6, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AMENDING TITLE 5, CHAPTER 8, SECTION 3, SUBSECTION C, OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHICH PERTAINS TO REFLEXOLOGY EDUCATION REQUIREMENTS. (c) Resolutions and Motions (i) RESOLUTION NO. 44, SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION AND TRANSFER OF FUNDS TO THE 2006 BUDGET FOR CROSSWALK IMPROVEMENTS AT THE MALLEY CENTER. (ii) RESOLUTION NO. 45 , SERIES OF 2006 A RESOLUTION GRANTING AUTHORITY TO THE CITY CLERK'S OFFICE AND THE ENGLEWOOD ELECTION COMMISSION TO PRINT IN THE FIELDS FOR CITY AND COUNTY INFORMATION ON THE CITY OF ENGLEWOOD CANDIDATE NOMINATION PETITIONS BEFORE THEY ARE SIGNED . (iii) RESOLUTION NO. 46, SERIES OF 2006 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE "SUMMER FOOD FOR FINES" PROGRAM FROM MONDAY, MAY 22 , THROUGH SUNDAY, JUNE 4, 2006 . (iv) RESOLUTION NO. 47, SERIES OF 2006 A RESOLUTION AUTHORIZING AN INTEGRATED PROCUREMENT AGREEMENT WITH TELE-WORKS , INC . OF BLACKSBURG , VIRGINIA FOR THE PURCHASE AND IMPLEMENTATION OF AN E-MAIL SERVICES PLATFORM FOR WEB AND TELEPHONY-BASED ELECTRONIC SERVICES AS A NEGOTIATED SOLE SOURCE INSTEAD OF USING THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3 OF THE ENGLEWOOD MUNICIPAL CODE 2000. Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None 10 . Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading Englewood City Council May 1, 2006 Page4 (i) Housing Finance Specialist Grimmett presented a recommendation from the Community Development Department to adopt a bill for an ordinance for the redemption and subsequent sale of 3030 South Sherman Street acquired through the foreclosure process as def ined by Colorado State Statute. She said the first item that I have this evening is the acknowledgement of the redemption through foreclosure of a property at 3030 South Sherman Street and then the subsequent approval for sale of that property . This is one of many that we have had over the last year and a half that we have redeemed and then taken back into our inventory. We will be fixing it up and putting it back out on to the market for sale . So, we are just requesting approval and acknowledgement of that redemption and authorization to sell that property. Mayor Wolosyn asked if there were any questions. Council Member Mccaslin said unfortunately it is my neighbor. Does the City of Englewood come and clean it up before they sell it...how does that process work? Ms . Grimmett said, legally, it is ours and we will be going over there and taking control of the property. We will begin to fix up the exterior, as well as the interior, so that we can get it back on the market and it will be, at least, a clean property before it goes up for sale . Mr. Mccaslin said how soon will that be ... what is the timeframe? Ms. Grimmett said, officially , we will be taking it to Council, we have a 30 day reading, we have a second reading after this, but we will probably be going over there within the next couple of weeks to start cleaning it up . Mr . Mccaslin said thank you . Mayor Wolosyn asked if there were any other questions. There were none. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 11. COUNCIL BILL 11, INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF A HOUSING REHABILITATION PROPERTY LOCATED AT 3030 SOUTH SHERMAN STREET IN THE CITY OF ENGLEWOOD , COLORADO. Mayor Wolosyn asked if there was any discussion . There was none. Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward , Tomasso, Oakley Nays : None (ii) Housing Finance Specialist Grimmett presented a recommendation from the Community Development Department to adopt a bill for an ordinance authorizing the execution of three Intergovernmental Sub Grantee Agreements for the 2006 Arapahoe County Community Development Block Grant Program between the Arapahoe Board of County Commissioners and the City of Englewood. She said here again this is our annual proposal of contracts . Last fall Council approved our submission of application for 2006 Block Grant Funding . Those applications have been approved and the County now has issued the intergovernmental agreement for the funding . Three projects were funded and they are listed in the communication . We have $75,000.00 for the Housing Rehabilitation Project , $33,788 .00 for the House of Hope's Staffing Support Project and $60 ,000.00 that will go into the Homeowner Fix -up Program that is providing $4 ,000 .00 grants for the exterior front yard repairs for low income homeowners . Once this has been executed and approved then funding should be released to us , hopefully , shortly after June 151 • Mayor Wolosyn asked if there were any questions for Ms . Grimmett. Englewood City Council May 1, 2006 Pages Mayor Wolosyn said I would like to say that this is an example of the impact that the Community Development Block Grants have at the local level. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II)· COUNCIL BILL NO. 12. COUNCIL BILL 12, INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF THREE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2006 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. Mayor Wolosyn asked if there was any discussion. There was none. Vote results: Motion carried. Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None (iii) Housing Finance Specialist Grimmett presented a recommendation from the Community Development Department to adopt a bill for an ordinance authorizing the sale of 2350 South Zuni Street in Englewood. She said we are requesting the sale of the property at 2350 South Zuni Street. This is the project that we entered into a contract, almost a year ago, with the Arapahoe Community College, Arapahoe/Douglas Career and Technical School , which is the student trade projects where they will build the house at the beginning of their school year in September, and then generally will complete it by May. So, with the completion being scheduled for this month, we are requesting Council to approve the sale, which was the original intent when we started the process a year ago. And as a reminder, the Open House for completion is next Wednesday, May 101 h . Hopefully you will all be attending that as well. Mayor Wolosyn asked if there were any questions. Council Member Woodward said I am in real support of this program and what we are doing here. My first question is will we be listing the property with a realtor/broker? Ms. Grimmett said yes, we are in discussion with the same realtor that has listed the foreclosed properties ... we will just add this to his listing . Mr. Woodward said okay. Regarding the status of our property that we had last year on West Wesley, under this program , has that been sold? Ms . Grimmett said no, it has not. Mr. Woodward said is there much interest? Ms. Grimmett said from what I'm hearing , there has been a lot of interest...there just have not been any offers . We have lowered the price a little bit. We are hoping that maybe with this being a more timely time of year , with people look ing that we might get some offers ... not only on that property, but the other ones that we have as well. So , we will just see what happens as we get into the summer, but it has not been sold . Mr. Woodward said that kind of surprises me, because it is such a neat house. I was at the Open House last year and I met , I think it was a Junior from Sheridan High School who was the architect ... it was great. Mayor Wolosyn asked if there were any other questions . There were none. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) • COUNCIL BILL NO. 13. COUNCIL BILL 13, INHlODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 2350 SOUTH ZUNI STREET PURSUANT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL. Mayor Wolosyn asked if there was any further discussion . There was none. Englewood City Council May 1, 2006 Page6 Vote results : Motion carried. Ayes : Council Members Barrentine , Mccasl in, Moo re , Wolosyn, Woodward , Tomasso , Oakley Nays : None (iv) Hous ing Finance Spec iali st Grimmett presen ted a recommendat ion f rom t he Commun ity Development Department to adopt a bill for an ordinance authorizing the execut ion of a three-yea r Intergovernmental Cooperation Agreement between Arapahoe County and the C ity of Englewood relating to the conduct of the Community Development Block Grant and HOME Invest ment Partnersh ip programs for program grant years 2007 through 2009. She sa id we enter into an agreement with Arapahoe County in three year cycles ... it is a cooperat ion agreement. HUD requ ires t hat this be done a year in advance , so t hat they can calculate the approp ri ate populati on numbers to base the funding that the Coun t y rece ives . As part of t h is participation, we are pretty much guaranteed a piece of th is CDBG funding , even though we have to apply annually. HOME funds are also calculated based on the same populati on . Those monies are appl ied separately by each entity and there is no guarantee of fund ing for that , although we have rece ived funding fo r the last two consecutive years fo r the Hous ing Rehabilitat ion Program . So it is very beneficial. In past yea rs , the County had just extended this three year agreement by doing an amendment to the one that was app roved in 1994. The reason th is year was that t hey needed a new ag reemen t to update some of the add iti or;al requirements that HUD had in place , so we need to do another intergovernmental agreement in order to participate over the next three year cycle for 2007 , 2008 and 2009 . Mayor Wolosyn asked if there were any questi ons . There were none. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a) (iv)-COUNCIL BILL NO. 14. COUNCIL BILL 14 , INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE APPROV ING AND AUTHORIZING THE EXECUTION OF A THREE YEAR INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR THE ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSH IP PROGRAMS FOR PROGRAM GRANT YEARS 2007 THROUGH 2009 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSION E RS AND TH E CITY O F ENGLEWOOD , COLORADO. Mayo r Wolosyn asked if t here was any di scuss io n. There was non e . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None (v) Housing Finance Specialist Grimmett presented a recommendation from the Community Development Department to approve a bill for an ordinance authorizing the execution of an Intergovernmental Agreement with Arapahoe Community College/Area Career and Technical School for the 2006/2007 school year to build one single-family residence at 2360 South Zuni Street in Englewood . She said again we are requesting to enter into an intergovernmental agreement so that we can continue the Student Build Program with the Career and Technical School. Next years project is scheduled to be next door to the completed project that we have this year and that will be at 2360 South Zuni Street. We will begin later in August , assuming this is approved , so that we will have the foundation in place . We are working right now on finalizing the floor plan that the students have prepared . For some reason it was done a little bit later this year than in the past, so we are not exactly sure what the floor plan will look like , but I think we are looking at a three bedroom , two story and two and a half bath home , that will be on the site next door to the one we have now. So, we j ust need approval to continue the partnership that we have had going for a number of years now. Englewood City Council May 1, 2006 Page7 Mayor Wolosyn asked if there were any questions for Ms. Grimmett. There were none. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) -COUNCIL BILL NO. 15. COUNCIL BILL 15, INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2360 SOUTH ZUNI STREET , ENGLEWOOD, COLORADO. Mayor Wolosyn asked if there was any discussion . There was none. Vote results: Motion carried. Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda.) (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 9 -Consent Agenda .) 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I know that the Library's Food for Fines Program was on the Consent Agenda, but I do like to highlight it. I saw that it was in the Citizen and I think it is a fine thing that we do every year. I like to read the Library Report because it is amazing how much we do receive in fine money every month ... so it is a nice thing that we give to our community. (ii) Mayor Wolosyn said I am going to be out of town on May 61 h during the Library Volunteer acknowledgements and I regret missing that. I always go when I am in town . (iii) Mayor Wolosyn said last Wednesday Council Member Oakley, Council Member Tomasso, City Manager Sears and members of the Community Development Department and I attended the DRCOG annual awards . Englewood won two awards, one for our catalyst program , with our signs ... our partnership w ith the business community on signs ... and the other one was for the Art shuttle . We received third prize, and I think all of us who went agreed that it is great to go and see what other cities are doing and, also , to just to get out together on a different venue . Congratulations to Community Development for all their hard work , she said . (b) Council Members' Choice (i) Council Member Barrentine : Englewood City Council May 1, 2006 Page 8 1. She said fi rst , I want to thank Jennifer Conner for taking her time to come from her government class and pick us as an example of what to watch here. So I hope you enjoyed it. I appreciate that more of an effort is being made for young people to get involved ... it is a little less scary when you can come down and see what we really do. Maybe a little bit more boring than you had anticipated , but hopefully a little less scary. 2 . She said I wanted to say thank you to Janet. The ACTS program is really a very impress ive program . I went and saw the house last year. I just think it is a great partnership all the way around. 3. She said I wanted to ask ... l know Community Development has just had their plate full with the BID and all of the different projects that are going on , but I did have some concerns from some people on Broadway and just wanted to follow up on that , when they have a chance to get back to me on that report . (ii) Council Member Mccasl in said I would like to attend the Colorado Municipal League Conference up in Breckenridge from June 19t h to the 24th . I have listed some expenses here and would like to have you approve that for me. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE EXPENSES FOR COUNCIL MEMBER McCASLIN TO ATTEND THE CML CONFERENCE IN BRECKENRIDGE. Mayor Wolosyn said I should say that we have a budget for th is and the total here is $1 ,092.00. We have a budget, because it is really great for our Counc il people to go and meet with other Council people, plus CML offers a venue of really great programs at every conference. I am glad to vote for Bob to attend. Vote results : Ayes : Nays : Abstain : Motion carried. Counc il Members Bar rent ine , Moore, Wolosyn , Woodward , Tomasso, Oakley None Council Member Mccaslin Council Member Mccaslin said thank you . (iii) Council Member Tomasso said I would like to congratulate the Englewood Police . Last n ight they were looking for an ind iv idual who has been living in the gatehouse at General Iron . They contacted the individual and he had all his possessions with h im and some food and they allowed h im to spend last night as the last night in the gatehouse of General Iron , which was fortunate for the individual s ince it ra ined very heavily last n ight. But , it was a really nice act of charity to let him stay for one last n ight. (i v) Counc il Member Woodward : 1. He said I would like to come back to the resolution that was provided for us for the Englewood Housing Authority for the waiver of the PUD fees in the approximate amount of $1,450.00 ... the application fee that we discussed at our last Council meeting. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO . 48 , SERIES OF 2006. RESOLUTION NO . 48 , SERIES OF 2006 A RESOLUTION AUTHORIZIN G T H E EXE M PT ION OF THE EN GLEW OOD HOUSI NG AUTHO R ITY FROM THE PUD APPLICATION AND DEVELOPMENT FEES FOR THE REZO N ING OF A SITE LOCATED AT US HIGHWAY 285 AND SOUTH PENNSYLVANIA. Mayor Wolosyn asked if there was any discussion . There was none. Vote results : Aye s : Council Members Barrent ine, Mccaslin, Moore, Wolosyn , Woodward , Englewood City Council May 1, 2006 Page9 Tomasso, Oakley Nays : None Motion carried. [Clerk's note : This was listed on the Agenda as Item (12 (b) (i)J 2. He said I also would like to attend the CML Conference up in Breckenridge. I do have estimates that I am passing on down to you, in the total amount of $1,223 .00 . COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE EXPENSES FOR COUNCIL MEMBER WOODWARD TO ATTEND THE CML CONFERENCE IN BRECKENRIDGE. Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Ayes : Nays : Abstain: Motion carried. Council Members Barrentine, Mccaslin, Moore, Wolosyn, Tomasso , Oakley None Council Member Woodward 3. He said I just want to mention that Olga and I attended the Englewood Unleashed fund raiser over at the Malley Center on Saturday ... the chili cook-off . They had a number of commercial vendors there and I think it was very successful. There was some very excellent chili there . But what they are doing is raising funds for the off-leash dog park and they were selling pavers . I had asked Dan earlier about the agreement, to see if we can 't get that resolved and in the hands of Parks and Englewood Unleashed and get those pavers on order. ***** Council Member Barrentine said I was going to ask after the meeting today about the Conference , because I had checked out the times and I ended up having some free time , but since they are doing it and they were so nice to have already done all these budgets ... I will take Jim's though , because his is a little higher ... I don't know the difference between the two , but apparently he is staying at a nicer place, not by much. Council Member Woodward said I believe what it is, is that I am leaving on the evening before to participate in the golf tournament.. .which, I personally paid for the golf tournament...but I think it is the lodging, as it was explained to me. Ms . Barrentine said then I will go with Bob McCaslin 's , because I was going to talk to him afterwards , but since we are doing this now , if you don't mind , I would like to go . COUNCIL MEMBER McCASLIN MOVED, AND IT WAS SECONDED, TO APPROVE EXPENSES FOR COUNCIL MEMBER BARRENTINE TO ATTEND THE CML CONFERENCE IN BRECKENRIDGE. Mayor Wolosyn asked if there was any disc ussion . The re was none . Vote results : Ayes : Nays : Absta in: Mo tion carri ed . 13 . City Manager's Report Counc il Members Mccaslin , Moore , Wolosyn , Woodward, T omasso , Oakle y None Counc i l Member Ba rrent ine (a) Ci ty Manager Sears sai d we didn't get a c hance to ta lk abo ut th e b udget schedule , so if there is any comment, let me know. (b) City Manager Sears said just to le t Council know again, Stu is in the hospital for hip surgery. I th ink he is doing okay. There are maybe a couple of compl ications that he has, but I think that things are go ing well , but he w ill not be here for a period of time . Again , it is a scheduled hip replacement and we will keep Englewood City Council May 1, 2006 Page 10 Council informed on how he is doing. Mayor Wolosyn said he has had the surgery? Mr. Sears said yes, he has had the surgery. He had the surgery last Monday evening. He wanted to let you know that. Mayor Wolosyn said we could give Cathy Burrage a card . Mr. Sears said yes , Cathy Burrage in the Utility Department. Mr. Sears said again it is Dennis Stowe if you have an issue or Bill McCormick ... both are working through the key issues there. We will keep you posted on how Stu is doing . 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment LOSYN MOVED TO ADJOURN . The meeting adjourned at 8:01 p .m. ~~-~ AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, May 1, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Park way Englewood , CO 80110 1. Call to order. '7: 6~ 2. Invocation.~ 3. Pledge of Allegiance . ~ 4. Rolf Call . tltJ /J ~ 5. Consideration of Minutes of Pre vious Session . ~ ?-{}a. Minutes from the Regular City Council meeting of April 17, 200~ 6. Re cognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a . 7. Recognition of Unscheduled Publi c Comment. (Pleas e limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be c ontin ~eneral Dis cussio n.) 8. C o mmuni ca tions , Pr oclamations, and Appointments. E-mail from Randia Lag~!n,n~un~r resignation from the Code Enforcement Advisory Committee. ~ Proclam ation declaring Jud y Cain and the late Jim Cain as Englewood's Citizens of the Year for 2006 . ~ Plea e note : If ou have a di abi lity and need auxili ary ilid or ervices , plea se noti fy the City of Eng lewood ( 03 -7 62 -2 407 ) at leas t 48 hours in advance of when services are needed . Thank yo u. Englewood City Council Agenda May 1, 2006 Page 2 ~?-q):1!!lt!1J!:1. /YU1}!,/ ~/? ~~/I ~ 74_/-/// 1~; ~ a. Approval of Ordinances on First Reading. ) 9 {!__ / _ / 'tJ i. ii. Council Bill No. 8 -Recommendation from the Department of Finance and Administrative Services/City Clerk's Office and the Election Commission to adopt a Bill for an Ordinance amending the Englewood Municipal Code § 1-8-4 regarding Election Returns ; Canvassing. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. Council Bill No. 9-Recommendation from the Department of Finance and Administrative Services /City Clerk's Office and the Election Commission to adopt a Bill for an Ordinance stipulating that City of Englewood candidates will be allowed to accept contributions from corporations and labor organizations in accordance with the Colorado Constitution. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. iii. Council Bill No. 10 -Recommendation from the Department of Finance and Admin1strat1ve Servtt:es to adopt a Bill for an Ordinance deleting outdated and confusing language in Title 7-1 A-4 of the City of Englewood Municipal Code. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. b. Approval of Ordinances on Second Reading. i. Council Bill No. 6 amending the education requirements for reflexologists to allow an applicant a license if they possess a valid certificate from a state recognized reflexology certification board. c. Resolutions and Motions. i. ii. Recommendation from the Department of Finance and Administrati ve Services to approve a Resolution for supplemental appropriation of Malley Center Trust funds and a transfer of funds from the General Fund for Malley Center crosswalk improvements in the amount of $24,500. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. Recommendation from the Department of Finance and Administrative Services/City Clerk's Office and the Election Commission to approve a Resolution authorizing the auto fill of fields for City and County information on the City of Englewood candidate nomination petitions. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. Pl as not : If you have a di ability and need auxiliary aids or services , please notify th e City of Englewood (303 -7 62 -2407 ) at leas t 48 hours in ad ance of when service are needed. Th an k you . Englewood City Council Agenda May 1, 2006 Page 3 Recommendation from the Englewood Public Library to approve a Resolution authorizing the Library's "Summer Food for Fines" program from Monday, May 22 through Sunday, June 4, 2006. STAFF SOURCE: Hank Long, Director of Library Services. Recommendation from the Department of Information Technology to approve, by Resolutiort, an agreement for purchase and implementation of an e-Services platform for web and telephony based electronic services. Staff recommends awarding a sole-source contract to Tele-Works in the amount of $102,000. STAFF SOURCE: Don Ingle, Director of Information Technology. 10. Public Hearing Items. (No Public Hearing Scheduled .) ~ 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. ii. iii. iv . Council Bill No. 11 -Recommendation from the Community Development Department to adopt a Bill for an Ordinance for the redemption and subsequent sale of 3030 South Sherman Street acquired through the foreclosure process as defined by Colorado State tatute. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist tJ Council Bill No. 1 2 -Recommendation by the Community Development Department to adopt a Bill for an Ordinance authorizing the execution of three Intergovernmental Sub Grantee Agreements for the 2006 Arapahoe County Community Development Block Grant Program between the Arapahoe Board of County Commissioners and the City of Englewood. STAFF SOURCE: Janet Grimmett, Co~-~ity_D_evel~pment Department Housing Finance Specialist. c:JO /~ Council Bill No. 13 -Recommendation from the Community Development D e partment to adopt a Bill for an Ordinance authorizing the sale of 23 5 0 South Zuni Street in E~e~o?d .. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist.C/J y~(} Council Bill No. 14 -Recommendation from the Community Development Department to adopt a Bill for an Ordinance authorizing the execution of a three-ye ar Intergovernmental Cooperation Agreement between Arapahoe County and the City of Englewood relating to the condu c t of the Community D ev elopment Blo c k Grant and HOME Investment Partnership programs for pro gram gr ant y ear s 2 00 7 through 2 009. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. ~ Pl .:ise note : If you hav a disability and n ed auxiliary aids or services, p lea e notify the Ci ty of Eng l ewood (3 03-762 -2 40 7) at I a t 48 hour in advance of when ervic s are needed . Thank you. Englewood City Council Agenda May 1, 2006 Page 4 b. C. V. Council Bill No. 1 5 -Recommendation from the Community Development Department to approve a Bill for an Ordinance authorizing the execution of an Intergovernmental Agreement with Arapahoe Community College/ Area Career and Technical School for the 2006/2007 school year to build one single-family residence at 2360 South Zuni Street in En~wood. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist.0~ Apw. of Ordinances on Second Reading. Resolutions and Motions. ,fl' APP 'D 6·0-1 WOODWARD MOVED TO APPROVE EXPENSES FOR McCASLIN '.,(/ (ABSTAIN : McCASLIN] TO ATTEND THE CML CONFERENCE IN BRECKENRIDGE . 12. General Discussion: APP'D 6-0-1 OAKLEY MOVED TO APPROVE EXPENSES FOR WOODWARD [ABSTAIN : WOOOWA'RD] TO ATTEND THE CML CONFERENCE IN BRECKENRIDGE. a. May or's Choice . APP 'D 6-0-1 McCASLIN MOVED TO APPROVE EXPENSES FOR BARRENTINE [ABSTAIN : BARRENTINE] TO ATTEND THE CML CONFERENCE IN BRECKENRIDGE . b. Council Members ' Choice. ~~r;-?) Resolution to waive deve lopment fees on En7~~009 ~-~u-si,ng tuthority housing project at South Penns y lva nia and US 2 85. ~ 13 . City Manager's Report. 14. City Attorney's Report. 1 5. Adjoumment. 'f{:()/ ~ The fo ll owing minutes were transmitted t o City Council bet\.veen April 14 and April 27, 2006. • Alliance for Commerce in Englewood meeting of March 9, 2006. • Code Enforcement Advisory Committee meeting of March 15, 2006. • Cultural Arts Commission meeting of March 1, 2006. • Election Commission telephone polls of March 29 and April 12 , 1006. • Liquor Licensing Authority meeting of March 22, 2006 an d tel ephone poll of April 5, 2006 . • Parks and Re c reation Commission meeting of March 9, 2006. • Planning and Zoning Commission meeting of March 2 1, 2006. • Transportation Ad visory Committee meeting of March 9, 2006. Pl .,se note : If yo u have a disabili ty and need au iliary aid or se rvi ce , pleas e notify th it of Englewood ( 03 -762 -2 40 7) at lea t 48 hour in advan e of when ervices are need d. Th, nk ou. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, May 1, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. fJ:,3~ 2. Invocation.~ 3. Pledge of Allegiance. ~ 4. Roll Call. lltJ /J ~ 5. Consideration of Minutes of Previous Session. ~ '7--0a. Minutes from the Regular City Council meeting of April 17, 200~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a. 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be contin¥neral Discussion .) 8. Co mmun ica tions, Proclamations , and Appointments. E-mail from Randia Lag?J!nr~u~~~ resignation from the Code Enfor cement Ad visory Committee.~ Pro cl amation declaring Jud y Cain and th e late Jim Cain as Englewood 's Citizens of the Ye ar for 1 006. ~ Englewood City Council Agenda May 1, 2006 Page 2 a. Approv al of Ordinances on First Reading. i. ii. Council Bill No. 8 -Recommendation from the Department of Finance and Administrative Services /City Clerk 's Office and the Election Commission to adopt a Bill for an Ordinance amending the Englewood Municipal Code § 1-8-4 regarding Election Returns ; Canvassing. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. Council Bill No. 9-Recommendation from the Department of Finance and Administrative Services /City Clerk 's Office and the Election Commission to adopt a Bill for an Ordinance stipulating that City of Englewood candidates will be allowed to accept contributions from corporations and labor organizations in accordance with the Colorado Constitution. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. iii . Council Bill No. 10 -Recommendation from the Department of Finance and Admin1strat1ve Servit:es to adopt a Bill for an Ordinance deleting outdated and confusing language in Title 7-1 A-4 of the City of Englewood Municipal Code. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. b. Approv al of Ordinances on Second Reading. i. Council Bill No. 6 amending the education requirements for reflexologists to allow an applicant a license if they possess a valid certificate from a state recognized reflexology certification board. c. Res olutions and Motions. i. ii. Recommendation from the D epa rtment of Finance and Administrati ve Servi ces to approve a Resolution for supplemental appropriation of Malley Cente r Trust funds and a transfer of f unds from th e General Fund for Malley Center crosswa lk improvements in the amount of $24,500. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. Recommendation from the Department of Finance and Administrative Services/City Clerk's Office and the Election Commission to approve a Resolution au th orizing the auto fi ll of fields fo r City and County information on th e City of Englewood ca ndidate nomination petitions. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. Englewood City Council Agenda May 1, 2006 Pag e 3 Recommendation from the Englewood Public Library to approve a Resolution authorizing the Library 's "Summer Food for Fines" program from Monday, May 22 through Sunday, June 4, 2006. STAFF SOURCE: Hank Long, Director of Library Services. Recommendation from the Department of Information Technology to appro ve, by Resolutior1, an agreement for purchase and implementation of an e-Services platform for web and telephony based electronic services . Staff recommends awarding a sole-source contract to Tele-Works in the amount of $102 ,000. STAFF SOURCE: Don Ingle, Director of Information Technology. 10. Public Hearing Items. (No Public Hearing Scheduled.) ~ 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. ii. iii. iv. founcil Bill No. 11 -Recommendation from the Community Development Department to adopt a Bill for an Ordinance for the redemption and subsequent sale of 3030 South Sherman Street acquired through the foreclosure process as defined by Colorado State tatute. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist tJ Council Bill No. 12 -Recommendation by the Community Development Department to adopt a Bill for an Ordinance authorizing the execution of three Intergovernmental Sub Grantee Agreements for the 2006 Arapahoe County Community Development Block Grant Program between the Arapahoe Board of County Commissioners and the City of Englewood . STAFF SOURCE: Janet Grimmett, Co~-~ity,D_evelopment Department Housing Finance Specialist. OO ~ Council Bill No. 13 -Recommendation from the Community Development Department to adopt a Bill for an Ordinance authorizing the sale of 2350 South Zuni Street in ~e-:Vo?d. _ STAFF SOURCE: Janet Grimmett, Housing Finance Specialist.C/tJ y~() Council Bill No. 14 -Recommendation from the Community Development Department to adopt a Bill for an Ordinance authorizing the execution of a three-y ear Intergovernmental Cooperation Agreement between Arapahoe County and the City of Englewood relating to th e conduct of the Community Development Block Grant and HOME Investment Partnership programs for program gra nt yea r s 200 7 through 2 009 . STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. ~ Pll',1 se note : If vou ha e a di ability and need auxi liary aids or services , please notify the City of Englewood ( O -7 62 -2-t O ) at I a t 48 hour in ad ance of when service are n eded. Thank you. Englewood C ity Cou nci l Ag enda May 1, 2 0 0 6 Page 4 b. C. V. Council Bill No. 15 -Recommendation from the Community Development Departmen t to approve a Bill for an Ordinance authori z ing the ex ecution of an Intergovernmental Agreement w ith Arapahoe Community College/ Area Career and Techni ca l School fo r the 2006/2 00 7 school y ear to build one single-fa m ily re sidence at 2 360 South Zun i Street in En~w ood . STAFF SOURCE: Janet Grimmett, Housing Finance Specialist.c:;7~ Appr~rdinances on Second Read i ng. Reso~uti s and M o tions. APP 'D 6-0-1 WOODWARD MOVED TO APPROVE EXPENSES FOR McCASLIN [ABSTAIN : McCASLIN] TO ATIEND THE CML CONFERENCE IN BRECKENRIDGE. 12. G en eral Dis c ussion : APP 'D 6-0-1 OAKLEY MOVED TO APPROVE EXPENSES FOR WOODWARD [ABSTAIN : WOODWARD] TO ATIEND THE CML CONFERENCE IN BRECKENRIDGE . a. May or's Choice. APP 'D 6-0 -1 McCASLIN MOVED TO APPROVE EXPENSES FOR BARRENTINE [ABSTAIN : BARRENTINE] TO ATIEND THE CML CONFERENCE IN BRECKENRIDGE . b . Co un c il M embers ' Choi c e. ~~r;-?) Reso lution to w aive deve lopm ent fe es o n En,!~009 ~~u_si.ng ,Auth o ri ty housi ng proj ec t at So uth Penns y lva ni a and US 28 5. ~ 1 3. City Manager's Report. 14. City A tt o rn ey's Re po rt. 1 5. Adj o u rn m e n t. ?{:OJ~ The fo ll owing minu t es were transmitted t o C ity Council between April 14 and April 2 7, 2006. • Allian c e for Commerce in Englewood meeting of March 9, 2006 . • Code Enforcement Advisory Committee meeting of March 15, 2006 . • Cultural Arts Commission meeting of March 1, 2006 . • Ele tion Commission telephone polls of March 29 and April 12, 2006. • Liquor Licensing Authority meeting of March 22, 2006 and telephone poll of April 5, 2006 . • Parks and Recreation Commission meeting of March 9, 2006 . • Planning and Zoning Commission meeting of March 21 , 2006 . • Transportation Advisory Committee meeting of March 9, 2006. PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: MAY 1, 2006 P.l.EMIE LIMIT YOUR PRESl!NTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC NAME ADDRESS TOPIC (_ 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session April 17, 2006 .. The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:35 p.m. 2. Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn. 4 . Roll Call Present: Absent: A quorum was present. Council Members Tomasso, Moore, Barrentine, Oakley, Mccaslin, Woodward, Wolosyn None Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty Deputy City Clerk Bush City Clerk Ellis Director Olson, Safety Services Director Fonda, Utilities Director Gryglewicz, Finance and Administrative Services Medical Services Chief Jim Ulrich, Safety Services Police Sergeant Watson, Safety Services Police Sergeant Condreay, Safety Services Fire Division Operations Chief Pattarozzi, Safety Services Fire Battalion Chief Ertle, Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 3, 2006. Mayor Wolosyn asked if there were any comments . There were none . Vote results: Ayes : Nays : Motion carried . Council Members Barrentine , Mccaslin, Moore, Wolosyn , Woodward, Tomasso, Oakley None 6 . Recognition of Scheduled Public Comment Englewood City Council April 17, 2006 Page2 (a) Shelley Thompson, Englewood Housing Authority Chair, said Dawn Shepherd, Executive Director of Englewood Housing Authority, and Rodger Hara, a Vice-chairman of the Englewood Housing Authority are here with me tonight ... so we are thrilled to be here. Thank you for giving me the opportunity to address the Council. I am here to substantiate and re-enforce the letter dated March 8, 2006 from the Englewood Housing Authority's Board requesting the Mayor and the City Council waive the permit and development fees of $1,450.00 applicable to the PUD for our proposed Senior Development, at the corner of Highway 285 and South Pennsylvania Street. I'm hoping and quite sure that Jim has been keeping you updated on our plans, but we are very excited to have a proposed development that is a beautiful five story, 62 unit residence, which will be affordable to lower and moderate income seniors . Currently, our senior housing choices in Englewood are limited to the Meridian Retirement Community or Simon Center and Orchard Place and many seniors, who wish to downsize from single family homes, find that they will have assets or income exceeding the limits of subsidized housing but inadequate for Meridian's requirements. So they truly are falling in that no-mans land between the two options . Our development will offer those seniors an affordable option to stay in their own community. Our development will give Englewood seniors the option of remaining in Englewood as they downsize out of their homes and into their next option. Our development will offer the added benefit of aiding in the revitalization of the area surrounding Swedish Hospital and improving the landscape along Highway 285 and we are thrilled to be able to play a part in this notable effort. The Board wishes to reiterate our appreciation of ou.r cooperative working relationship with the City . It really has been a pleasure. And I think that it has really blossomed under Dawn Shepherd, our current Executive Director. We are grateful for your past partnerships as evidenced by the waivers you have previously approved for both the Simon Center and Orchard Place. We sincerely hope that we can look forward to your continued partnership in this exciting new endeavor. Thank you very much for considering this request. Are there any questions or anything else for me this evening? Mayor Wolosyn said do you have a timeline on when you need to be notified after Council takes this under advisement? Ms . Thompson said let me defer to my Executive Director on that question . Dawn Shepherd, Director of the Englewood Housing Authority, said it would really enhance our application to the Colorado Housing Finance Authority for Tax Credits that would help to subsidize this development. So that application will be going in at the end of August. .. if we could know by then, it would be greatly appreciated . Mayor Wolosyn said oh yes, it will be in plenty of time for that. Council Member Woodward said I think you are going in front of Planning and Zoning tomorrow, is that correct? Ms . Shepherd said yes, that is correct. Ms . Thompson said this kind of support from the City is really a nice thing to be able to evidence when we are talking with the Authorities who are responsible for making the decision. They love to see that we are in close partnership with the City on these kinds of projects . Mayor Wolosyn asked if there were any other questions. Council Member Woodward said I will bring it up under Council Members Choice . Ms . Thompson said absolutely, please don't hesitate to call either Dawn or me with questions and of course , Jim is a wonderful, wonderful part of our Board and can answer any questions that you might have as well . Mayor Woloson said thank you guys for coming ... It's actually a great project. 7 . Recognition of Unscheduled Public Comment (a) Douglas Cohn , 3051 South Marion Street , said I have a couple of things to talk about tonight. The first one has to do with that brand new New York Sub Shop that opened right beside the Gothic Theater . I don't know if you guys have paid any attention to that. A couple of entrepreneurs came into town, bought an old building, worked on fixing it up , got all the permits , got the certificate of occupancy, opened the business and for about two days had a great business and now they are closed . I don't know exactly what happened here , but ( Englewood City Council April 17, 2006 Pagel the City closed them down . It has something to do with the permits that have something to do with, I understand, the grease trap . I guess I am appalled that the guys went to all the trouble to get this place in order with all the permits and they got the CO and everything and then, whamo , something went wrong some place . I really would like you all to look into that one. Someone call the guys on the phone and say I'm sorry, we made a mistake here. The other issue ... the City of Aurora ... Aurora is working really hard on becoming the City and County of Aurora . And, I don't know if you guys have thought about that. .. the implications of that one . If that happens and when that happens, Aurora will cut Arapahoe County in half geographically. Even more than that. .. do they have 65 or 70 percent of the whole population of Arapahoe County? When they pull out and form their own separate County that is going to leave Centennial, Littleton, Englewood, Sheridan and Deer Trail as the funding for Arapahoe County. I think that might be a thing worth talking to the other City Councils about and making some kind of a contingency plan. That's all for tonight. Thank you. 8 . Communications, Proclamations and Appointments (a) considered. A Proclamation expressing support for the American Cancer Society's Relay For Life was COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION EXPRESSING SUPPORT FOR THE AMERICAN CANCER SOCIETY'S RELAY FOR LIFE. Mayor Wolosyn asked if there were any comments . There were none . Vote results: Motion carried. Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward , Tomasso, Oakley Nays : None 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (c) (i) AND (Ii). (c) Resolutions and Motions (i) A contract with Waste Management, Inc., for the Allen Water Filtration Plant Residuals Removal and Disposal Service Agreement, in the amount of $49,768 .00 . (ii) $38 ,000 .00 . Vote results : Ayes : Nays : Mot ion carried . A study of an Initial Distribution System Evaluation model, by MacTec, in the amount of Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso , Oakley None 10 . Public Hearing Items Englewood City Council April 17, 2006 Page4 No public hearing was scheduled before Council. 11. Ordinances, Resolutions and Motions Mayor Wolosyn said I would like to say before we get into this section that the City Attorney's Office and the Utilities Department has asked that we pull Agenda Item 11 (a) (ii). There are some details they want to work out on this agreement so that will becoming before us at another meeting. (a) Approval of Ordinances on First Reading (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to approve a bill for an ordinance amending the education requirements for reflexologists to allow an applicant a license if they possess a valid certificate from a state recognized reflexology certification board. He said as Council knows, this is a relatively recent ordinance . We have gathered quite a bit of input on this license and even in the short time that this license evolved , we have changed the language just slightly a couple of times to make this a little bit more inclusive. This would allow an applicant with a certificate from a State recognized reflexology certification board to apply for and obtain a license. I think this may affect one person that has practiced in the City under the supervision of a doctor so I think this person is more than qualified. Anyone who would be certified under a State recognized board would be qualified to practice in the City of Englewood. Mayor Wolosyn asked if there were any questions for Mr. Gryglewicz. There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 6. COUNCIL BILL NO. 6, INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 8, SECTION 3, SUBSECTION C, OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHICH PERTAINS TO REFLEXOLOGY EDUCATION REQUIREMENTS . Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn said thank you Frank . (ii) A recommendation from the Utilities Department to adopt a bill for an ordinance approving an Intergovernmental Agreement for reimbursement of an overcharge to Southgate Sanitation District property owners was pulled from the agenda. (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading . (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to approve a Resolution authorizing a supplemental appropriat ion to the 2005 Year End Budget for various General Fund departments . He said th is is a supplemental appropriation to the 2005 Budget ( Englewood City Council April 17, 2006 Page 5 for a number of departments and divisions. What often happens is until all the bills are in, we are really not sure what the total expenditure number will be for the year end . In this case, in the General Fund , the entire supplementa l is $127,000 .00 and that includes from the Finance and Administrat ive Services Department, a sales tax auditor position (which I think you are aware of this), that has paid more in the total expenditure , in collections, that the position has collected in 2005 . Parks and Recreation got hit with a lot higher energy bills and some utility costs . Publ ic Works , of course , had a major impact in ut ility increases in 2005 and the City Manager's office had an unanticipated salary increase that was not in the original budget. So , those are the General Fund items. Unfortunately, we don't know exactly how the year will end but we come to Council , after the books are closed , and have this approved by you . In the Public Improvement Fund , what happened here was the revenues for that Fund have not been quite as estimated but the Capital Projects Fund had a little bit more money in its fund balance, so this is just a transfer to make that Fund whole . In the Donors Fund , there was an unanticipated expenditure from the Forfeiture Board , which was approved by the Forfeiture Board, for document scanning . That was $48,400.00 . The Sewer Fund, because the construction schedule has gone ahead better than planned, they expended $2 .2 million more for the project than they have but they made progress on that and that was not anticipated or budgeted for in 2005. The Service Center because of increase cost of fuel, they increased their interdepartmental billings, but they also had an increase in their cost of fuel in 2005 of $80 ,000 .00 that was not anticipated . And the Risk Management Fund had an increase of $27,000 .00 and that was due to unanticipated excess property and liability claims . Mayor Wolosyn asked if there were any questions for Mr. Gryglewicz. There were none . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 41. RESOLUTION NO . 41, SERIES OF 2006 A RESOLUTION APPROVING THE 2005 YEAR END SUPPLEMENTAL APPROPRIATIONS TO COMPLY WITH CITY CHARTER REQUIREMENTS . Mayo r Wolosyn asked if there was any discussion . There was none . Vote results : Motion carr ied . Ayes : Nays : Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward , Tomasso , Oakley None (ii ) D irector Gryglewicz presented a recommendation from the Department of F inance and Adminis trative Serv ices to approve a Resol utio n au thor iz in g a supplemental approp ri ati o n to the 2006 Budget for the Finance and Administrative Services Department. He said this is a supplemental to the 20 06 Budget of $35 ,000 .00 to hire an Accountant II for half the year. Our Revenue and Budget Manager has been with the City for quite some time and she is going to retire in the first quarter of 2007 . What we would like to do is move people internally into th o se positions , but when you have someone with 20 plus years of history with the City, we would like to be able to g ather som e of that knowled ge and conduct some cross training pri o r to making that transition . This w ould allow everybod y to move in, get cros s tra ined and we w ill have a smooth transition in 2007 . As I noted in the C o uncil Com m unica tio n, this w ill only increase th e em ployee cou nt in Fin ance j ust for half a year . and then we w ill go back to our normal coun t. Mayor Wolosyn asked if there were any questions for M r . Gryg lew icz . Council Membe r Woodward said I just want to mention that I recall that during the 2006 Budget Retreat back in September, we had discussed it. It was a line item . It was also an item that Frank volunteered to pull out, not knowing what ou r financial situation was go ing to be , and I think that I had recommended , at that time, to leave it in and mark it as one of those items that could come out. So , I am certainly in support of this Agenda Item (c) (ii). Englewood City Council April 17, 2006 Page6 Mayor Wolosyn asked if there were any other questions . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RESOLUTION NO. 42. RESOLUTION NO . 42, SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2006 BUDGET FOR THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT. Mayor Wolosyn asked if there was any discussion. There was none . Vote results: Ayes: Nays : Motion carried . Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley None (iii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to approve a Resolution authorizing a supplemental appropriation to the 2006 Budget for Safety Services, Fire Division, to upgrade the LifePak 12 diagnostic equipment. He said you are probably aware that we do quite a bit of transport of accident and other patients to the hospitals. This is to upgrade some of the equipment that is used in those transport services. To be honest with you, I'm not sure exactly what these do, so if you want the specifics; we have Jim Ulrich back there who could tell you . The total supplemental for this is $14,837 .00 and as Jim had given me a list, they are actually increasing some of their fees , which should more than cover this expenditure . But, regardless of that, these are upgrades that can protect and save lives, so it is a needed upgrade that will help our citizens . Mayor Wolosyn asked if there were any questions. There were none. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -RESOLUTION NO. 43. RESOLUTION NO. 43, SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2006 BUDGET FOR THE SAFETY SERVICES DEPARTMENT IN ORDER TO UPGRADE THE LIFEPAK 12 DIAGNOSTIC EQUIPMENT . Mayor Wolosyn asked if there was any discussion . Council Member Barrentine said, given the recent documentation that we had provided to us at the last Council meeting about the kudos given from the hospital, and just how well they are doing and all of this , I am glad they are upgrading this equipment to make it a little bit easier to do the kind of work they are doing. It is impressive . Vote results: Ayes : Nays : Motion carried . 12 . General Discussion (a) Mayor's Choice Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward, Tomasso , Oakley None (i) Mayor Wolosyn said in 2004 our Community Development Department received the Governor's Award for Downtown Excellence and tomorrow they are finally getting around to receiving their ( Englewood City Council April 17, 2006 Page 7 awards from 2004 and I think 2005 at the State House . I am going to go down with Harold Stitt for that in the morning . I don't know if Darren is going but I know that he played a large part in getting this award . (b) Council Members' Choice (i) Council Member Barrentine : 1. She said I had a chance to spend a little bit more time in the downtown area and was just really impressed with a lot of the energy that is going on down there . It is nice to see the kind of things that UnDici is doing and the Truck Stop, the Auld Dubliner, and Table Steaks. But Broadway ... I had a chance to talk to the gentleman who put a $100,000.00 investment into what was the Broadway Grill which is now George's Grill and Jerry's Artarama, just went in over there . I think we have some really good energy going on for this new project that is just around the corner on Acoma Street, that everybody is very excited about. So I just wanted to tell him, I don't think his name is George, but I wanted to thank him. The Broadway Grill was not an exemplary business on Broadway . It was something that people had complained about a lot and he is trying to turn that into more of a family venue and I got a nice tour there and I even felt comfortable having my son there . He was glad to have done the remodeling and removed the motorcycle marks off of the floor and I think that is really the trend we are going to see start to happen down in that area. 2 . She said I wanted to bring up that Positively Englewood is having their second annual golf tournament. That will be on June 12'h. There will be information in the Englewood Citizen . (ii) Council Member Tomasso said I want to thank the Police Department and the Fire Department for the excellent job they did on the accident on Elati two Saturdays ago, in their response time and how they handled the neighbors . The entire situation was really handled well and I would like to congratulate them on that. (iii) Council Member Woodward: 1. He said I want to make a motion to do a resolution to waive the $1,450.00 PUD fees that Shelley Thompson and Dawn Shepherd had brought forward here for the Englewood Housing Project. This is in between the Meridian and Orchard and this is the type of project of affordable housing that seniors, in our community, are looking for. Anything that we, as a City, can do to support that, I am for and also being the liaison on that Committee, I have been very involved with it. Mayor Wolosyn said I have a question . Dan, is it a resolution that you would bring back? City Attorney Brotzman said yes, it would be a resolution and then they can use that in all their processes . Mayor Wolosyn said do we have a consensus on this vote? Council concurred .. 2 . He said Thursday at the ACE meeting, one of the members ... Katie from the Chamber of Commerce ... had announced that on September 91 h there was approval for shutting down Broadway for Old Town Merchants and that , evidently, Laurett, you had helped and made that announcement at some sort of meeting and the consensus at that particular meeting , of the members that were there , was that it was not a good idea and how did we get there? My response was that it was the first time I had heard about it. I didn't know anything about it. One of the things that I just want to bring up is with something like this, isn't this something that we had discussed back in January as to our guidelines for Council and the appropriate venue would be to make a Council Request to the City Manager, so all Council members are aware of what this type of request would entail , which would certainly be Safety Services, Public Works and .... Council Member Barrentine said are you asking me a question? Mr. Woodward said I am presenting it to Council. Council Member Barrentine sa id there isn 't anything to present until you know that you have an event. I am so so rry , but hopefully in the future , you will feel comfortable to come and talk to me before you bring it up in th is k ind of venue . Englewood City Council April 17, 2006 Page 8 Council Member Woodward said I intended to bring it up at Study Session but. .. Council Member Barrentine said you misunderstood . What we were trying to do ... and it will be in the Englewood Cit izen , so I'm glad you brought it up ... , is an effort to explore the possibility of bringing back the parade and the potential of bringing back maybe Englewood Days ... , working on the Car Show that they had last year . Right now there is no event to bring to Council. So, what Rick Kahm was asked was , is there a potential , that if a potential exists that we could go back to them and tell them that the potential exists to close down Broadway, his answer was yes. Now, with that answered, then at least it could be explored whether we can do an event. So there really isn't anything to bring to Council yet, so it is just an exploratory thing, we are trying to find out whether there was any interest on the part of the businesses down there to share their events, whether we could get any citizens interested, what kind of energy we could get going in an effort to not try and stop that creativity and discussion . That was the first thing that was brought up . So you can't bring up that maybe there might be some time in the future an event and I'm really sorry that you didn 't come and ask about it. But I asked if the Chamber would be interested ... they had already voiced an interest in being part of the Car Show, would they be interested and I said we have at least got a commitment that they would consider closing down that two blocks of Broadway so until we have something to bring to Council ... , and I kind of have to object to your bringing it up as if something was being done behind peoples back and it was not. I am sorry that you perceived it that way, but that was not what was going on . Council Member Woodward said what was said was, that it was approved and it was presented . Ms . Barrentine said I can't speak for the verbiage that somebody else used in speaking to you, but I already answered your question as to how it was presented at the meeting ... like it was a done deal, so I would suggest maybe you may want to get with the Executive Director of the Chamber of Commerce . Mr. Woodward said Your Honor, she is out of order, I believe. Mayor Wolosyn said okay, I will just tell Katie that she obviously got it wrong and I will take care of it. Council Member Barrentine said that we are exploring the possibility of having an event that m ight include us being able to close Broadway down . Mayor Wolosyn said I will clear it up with Katie, thank you. Council Member Woodward said well again, I request that maybe that should go through the City Manager and then on to the rest of Council and then on to the appropriate departments . That's all . There is nothing else to say Laurett . Ms . Barrentine said and I don't believe ... that was not ever discussed that we couldn 't have ... Ms. Wolosyn sa id we ... Ms . Barrentine said no, I have to object to the way this is being brought up ... as if something, som e consp iracy is go ing on . People have every right to go ahead and explore the possibil ities of what they can do, in order to have an event that hasn 't happened before and have conversations , w ithou t it all go ing through the bureaucracy of the City . T hose c onversations can happen, f ree speech still reins in Englewood, and we can bring ideas without it going through some process of micromanaging . I do not believe that was ever the intent. Nor was it my intent to do anything conspiratorial, Jim . I hope that in the future, you will bring those questions to me, so I can clear it up . Council Member Woodward said I was going to br ing it up at Study Sess ion , bu t as I sai d , we did n't have time and I wanted to bring it up. Mayor Wolosyn said this is where w e like to discuss thi ngs in an open forum . Ms . Barrentine said my number is on there, so you ca n call me . 3 . He said the only other item that I had was in the Council information that we received in the Newsletter in the Sheridan stuff and I guess maybe this is a question for Stu . These resolutions declaring the Sheridan City Council's in tent ion to construct certain municipal water distribution improvements , and to establish South Sheridan Industrial Area Water Special Improvement District... do you know anything about that or what that means? I'm just curious . I'm sure it has to do with their development, but how does it affects us? Englewood City Council April 17, 2006 Page9 Director Fonda said it doesn't affect the Water Utility. We don't serve in Sheridan ... any new taps. Mr. Woodward said okay . Mr. Fonda said they are principally served by Denver. Mr. Woodward said are they also their sanitary sewer then? Mr. Fonda said we handle the sanitary sewer on the east side of the river and we work with them on sanitary sewer ... largely, because of geographies, they have no other place to go. They are part of the regional plan to be served by the Bi-City Center. Council Member Woodward said okay ... so their resolution then ... their second one declaring Sheridan City Council's intent to construct certain sanitary sewer improvements ... Mr . Fonda said we have reviewed those . Mr . Woodward said okay, great. xxxxx Mayor Wolosyn said I just want to comment. Thank you, Jim, for bringing that issue up about ACE and thank you, Laurett, for your comments. These things happen in a town ... by the time we hear of them, they sound like they are law and this is a good place to clear it up . 13. City Manager's Report (a) City Manager Sears said I just wanted to pass out the report that was finished by the Community Development Department on the Economic Development Retreat information. We will be happy to send it to DRCOG, CML and other communities if you would like. It is very expensive to put in the Citizen . Right now the Citizen is very full, so we basically are going to put in a piece within the Citizen that says this information is available ... a little bit of a review of that for citizens that were there . If Council would like us to put it into the Citizen, we can actually pull together a cost, but I believe it is going to be pretty expensive with the colored piece. Ms . Wolosyn said I'm wondering though, can it go on the web? Mr. Sears said yes and in fact, Bob has actually put together the full book ... the big book that you have . And the full book will now be put into the web site and on a disc and the disc is going to be made available. So, if you are interested in that book on a disc, I just want to let you know that it is there. We are very happy to at least have that done. (b) City Manager Sears said CML is coming up the first part of June, so if you are planning to go to that, fill out the report and get that information back in . (c) City Manager Sears said tomorrow we have a staff budget review . The staff is coming together to really take a look at our budget and focus on outcomes that focus also on revenues and expenditures so we can be prepared for the May 131 h Council Budget Retreat discussion. So, we will not be around. We will be accessible tomorrow, but we need to get all the minds together to focus on the 2007 Budget. (d) City Manager Sears said , again, we did provide a report back to the Council on the New York Sub Shop with information from one of our Council requests and we will continue to keep Council posted on the status of that. .. of the Sub Shop . Council Member Woodward said Gary, I would like to just share mine with Doug Cohn after the meeting so he knows what happened . City Manager Sears said that would be fine and as we work with them on the myriad of issues that they have on that building, we will again try to promote, making sure that it is open , but that it also meets all of our requirements . (e) City Manager Sears said I also wanted to say thanks to Safety Services . I know they did some work on a recent fatality . I know that the Police and Fire staff worked to try to make that work and they are taking a look at that area to see if there are some things that can be improved on , in that vicinity. (f) C ity Manager Sears said we also received a very nice letter. It should be in the packet to you th is Thursday on the All Saints issue on March 261 h with the Baptist Church and aga in they were very pleased w ith the work that Safety Services d id regarding that. Englewood City Council April 17, 2006 Page 10 14. City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment MAYOR WOLOSYN MOVED TO ADJOURN. The meeting adjourned at 8:11 p .m . - C From: Sent: To: Laga , Randia D [rand ia_laga@merck.com) Wednesday , April 19 , 2006 3:54 PM Info Subject: Letter of Resignation for Code Enforcement Importance: High Mr. Dooley Gehr, ----- 8a Sadly , would like to give my resignation as a member of the City of Englewood Code Enforcement Board . In the past few months , I have had some family issues arise that are pulling me away from my extra-curricular activities that I have so much enjoyed. Thank you for allow ing me to serve on the board and guiding me along the way. Fondly, Randia Laga --------------------- PROCLAMATION WHEREAS, each year the City Council of the City of Englewood, Colorado honors a Citizen of the Year who has made significant contributions to the community of Englewood; and WHEREAS, Judy Cain is an Englewood native and the late Jim Cain lived in Englewood for 23 years, and they have both been active members of the Englewood community during that time; and WHEREAS, Mr. and Mrs. Cain have served the community through their work with schools, through their church, and through a variety of other charitable organizations; and WHEREAS, the Cains have devoted their lives to the children of the Englewood community, serving over the years as band sponsors and organizers of various sport and cheerleading activities, Scoutmasters, providing scholarships for activities, volunteering at Children's Hospital, and offering love and support to any child who needed it; and WHEREAS, the Englewood City Council wishes to honor Judy Cain and the late Jim Cain for their many outstanding contributions to the Englewood community; NOW, THEREFORE, we, the City Council of the City of Englewood, Colorado hereby take great pride in proclaiming Judy Cain and the late Jim Cain as Englewood's Citizen of the Year for 2006 ADOPTED AND APPROVED this l 5 1 day of May, 2 006 . Olga Wolosyn, Mayor Laurett Barrentine, City Council Member Jim Woodward, Mayor Pro Tern Bob Mccaslin, City Council Member John H. Moore, City Counci l Mem ber Wayne Oakley, City Counci l Member Ray Tomasso , City Council Member 8b COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 1, 2006 9 a i Housekeeping Amendment to EMC 2000 § 1-8-4 regarding Election Returns; Canvassing Initiated By: Staff Source: Department of Finance and Administrative Frank Gryglewicz, Services Director of Finance and Administrative Services City Clerk's Office/Election Commission Loucrishia A. Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City, Council reviewed this proposed amendment to the Code at their April 1 7, 2006 Study Session. RECOMMENDED ACTION The Election Commission discussed this issue at their February 21 , 2006 meeting. \,_ The City Clerk's Office and the Election Commission seek Council approval of a Bill for an Ordinance approving a housekeeping amendment to the Code as follows: EMC § 1-8-4 Returns; Canvassing. The returns of all municipal elections, conducted by the City of Englewood, shall be made to the City Clerk. He/she shall be assisted in the canvassing of returns by the other members of the Election Commission. ~Jo later thaA fi,-•e (5) days after the muAicipal electioA, the City Cleric shall opeA the returAs iA the preseAce of the other members of the ElectioA Co1T1missioA aAd prepare aA abstract of '>'Otes . IA the e .. 1eAt of the inability of aAy of the members of the CommissioA to atteAd, the retums ma·t be opeAed aAd caA'lassed by aA',' lvlo (2) members of the CommissioA iA the office of the City Clerk. In the ev ent the City Clerk shall be disqualified or be unable to ac t, the Deputy City Cl e rk m ay lawfull y ac t for him /h er and di sc harge his /her duties hereunder. The El ec tion Co mmissio n shall p rocee d w ith th e can vas sing pursuant to the prov isions of the City Charter and th e Co lo rad o El ec ti o n la w s. BACKGROUND Th e five day d ea dline would not allow the City to comply with additional procedures set forth in St at e Statut e, w hi c h are in pla ce to ensure ev ery legitimate v ote c ounts. State Statute provides for th is pr ocess . FINANCIAL IMPACT None LIST OF ATTACHMENTS Bill for an Ordinance .. ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER~~~~~~ A BILL FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, SECTION 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHICH PERTAINS TO ELECTION RETIJRNS/CANV ASSING . WHEREAS, the current time frame does not allow the City to comply with additional procedures set forth in State Statute; and WHEREAS, these procedures are in place to ensure every legitimate vote counts; and WHEREAS, the passage or this proposed Ordinance will coordinate the City's election procedures with current State Election Statutes; 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 approves amending Title 1, Chapter 8, Section 4, of the Englewood Municipal Code 2000, which shall read as follows: 1-8-4: Returns; Canvassing. The returns of all municipal elections, conducted by the City of Englewood, shall be made to the City Clerk. He/she shall be assisted in the canvassing of returns by the other members of the Election Commission. Ne later thaR fin (5) 0ays after the FRt1Riei13al eleetieR, the City Cieri( shall e13eR the retttrRs iR the 13reseRee ef the ether FReFRbers ef the EleetieR CeFRfflissieR BR8 13re13are BR abstraet ef 1,·etes. IR the e·,1eRt ef the iRability ef BRY ef the FReFRbers ef the CeFRFRissieR le atteR8, the retttms FRBY be e13eRe8 888 e8ft','8SSe8 by BRY twe (2) ffleFRbers ef the CeFRFRissieR iR the effiee ef the City Clerk. In the event the City Clerk shall be disqualified or be unable to act, the Deputy City Clerk may lawfully act for him/her and discharge his/her duties hereunder. The Election Commission shall proceed with the canvassing pursuant to the provisions of the City Charter and the Colorado Election laws. Section 2 . Safety Clauses . The City Council hereby finds, determines , and declares that thi s Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public , and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 3. Severability . If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4 . Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions , suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions , suits , proceedings , or prosecutions. Introduced, read in full, and passed on first reading on the 1st day of May, 2006. Published as a Bill for an Ordinance on the 5th day of May, 2006. Olga Wolosyn, Mayor ATTEST : Loucrishia A. Ellis , City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 1st day of May, 2006 . Loucrish ia A . E ll is COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 1, 2006 9 a ii Bill allowing City of Englewood Candidates to Accept Corporate and Labor Organization Contributions Initiated By: Staff Source: Department of Finance and Administrative Frank Gryglewicz, Services Director of Finance and Administrative Services City Clerk's Office/Election Commission Loucrishia A. Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council reviewed this proposed amendment to the Code at the April 1 7, 2006 Study Session. RECOMMENDED ACTION The Election Commission discussed this issue at their February 21, 2006 meeting. The City Clerk's Office and the Election Commission seek Council approval of a Bill for an Ordinance stipulating that City of Englewood candidates will be allowed to accept contributions from corporations and labor organizations . BACKGROUND The Formal Opinion of Ken Salazar, Attorney General, dated January 13, 2003, addresses how rules in the initiati ve, approved by the Colorado vo ters on November 5, 200 2, apply to elections in home rule counties and municipalities. The initiative amends both the Colorado Constitution and Colorado's Fair Campaign Practices Act (FC PA). It is now Article XXVIII of the Colorado Constitution. Mr. Salazar indicates the "rules about contributions in local elections by corporations and labor organizations do not apply to local elections." [Colorado Constitution Article XXVIII § 3 (4) (a)J. He also states that "the legislative history of the amendment says that it is intended to apply to elections for statewide officials." In accordance with Secretary of State Rule 7.2, we are proposing that City Council adopt an o rdinance to address this issue in a formal manner. .... FINANCIAL IMPACT None LIST OF ATTACHMENTS Formal Opinion of Ken Salazar, Attorney General, dated January 13, 2003, concerning election campaign rules set forth in the Colorado Constitution and Colorado's Fair Campaign Practices Act (FCPA). Secretary of State Rule 7.2 Bill for an Ordinance - ·-· ·_ SEP-15~2005 _THU 01:05 PM CO Municipal League FAX NO. 3038608175 P. 02 KIN SAL.u..ut Atu>mey General STATE OF COLORADO DEPARTMENT OF LAW Su TE S'lmVtCES 'Bu1LDlNC 1525 Sherman Street· 5th Floor Denver Colorado 80203 Phone ~03) 866-4500 DONA.I.J) S. QLIJCJ.: Chief Deputy Attorney (iencml FAX (303 ) '866-S691 OFFICE O'F Tm A'ITORNEY GENERAL Al...A.N J. GrLBERl' Solicitor Geom! FORMAL OPINION Of KEN SALAZAR Attomey General No. 03-1 AG Alpha No. ST EL AGBAS January 13, 2003 This opinion concerns election campaign lilies com:a.incd in an initiative approved by Colorado's votel'6 on November 5, 2002. The initiative am.ends both the Colorado Constitution and Colmado's Fair Campaign Practices Act (''FCPA''). It is now A.rricle XXVIII of the Colorad<l Constitution. This opinion addresses how the rules m the initiative apply to elcc:tiom in home rule counties and mumcipalities. This opinion is iS1Ued at the request of Colorado Secretary of State Donetta. Davidson. QUESTIONS PRESENTED AIIID CONCLUSIONS Que.rtitm J: Do Article XXVIlI and th: FCP A apply to every home rule county BIid municipality, regardless of whether the county or mimicipality bas enacted ordinances or charter provisions covering similar subject matter? An.\'Wer 1: In election mattC[S oflocal concern. neither Article XA.'VTil of the Colo?'lldo Constitution nor the FCP A applies: t.o home rule counties and municipalities which have cluater!, or ordinances that already address the matters covered by Article xxvm and the sta.tate. In addition, Article xxvm contain. only a few provisions that affect local elcccions, including those tbat address the definition of a candidate, miall donor committee conuibutions and disclosure. For that r::ason, even local elections that remain &ubject to ATticle XXVIIl will n .ot be greatly affected. Question 2 : If a home role county or municipality adopts ordinance or charter provisions more stringent thlln Anic:le xxvm and the FCP A, do those mon: stringent provisions apply to c.:ounty or municipal elections in accord with Section 1-45-116, C.R.S.? ~~EP-15-2005 THV 01:05 PM CO Municipal League FAX NO. 3038608175 Page2 Answer 2: The chmter or ordimwccs of a home rule enti1y that address campaign financing and reporting for candidates for office at the county or municipal level control within that hoi:ne Nle entity whether or not they an: more stringent than canrtinn:ional or stmut:ory rules . This is bcca.us:: local election matters are a power reserved in the Colorado Conmtution to home rule entities. Question 3: Does the prohibition in Section 3(4)(a) of Article xxvm, making it "uulawful for a corporation or labor organization t.o make contn"butions to a candidate committee or political pany, and to make expenditures expressly advocating the election or defeat of a candidate," a.pply to canclidates for election in home rule municipalities and counties? Answer 3: The prohibition in Section 3(4)(a) of Article XXVlTI does not apply to candidates for local electicm in home rule or slatutcny localities. BACKGROUND On November 5, 2002, the citizens of Colorado approved a ballot initiative titled "Amendment 27: Campaign Finance." This initiative amends the Colorado Constitution by the addition of a new provision, hereinafter referred to as "Article xxvm. '' It also amends part of Colorado's Fair Campaign Practices Act, § 1-45-101 et ~·eq .. C.R.S. (2002)("FCPA"), by placing ·limits on the amounts and types of contributions pcnnitted during an el.cction, llIJlOili otheT cbangci. The reader is cautioned that this opinion does not analyze the specific laws of a particular home rule county or municipality, and it is limited in this respect.-A separate legal analysis is neccssacy t.o detmmine if a portion of a particular charter or ordinance confiicis with one or more specific provisions of Article xxvm of the Colorado Constitution or the FPCA. Finally, the broader context far this opinion is important. Article XXVIII cont3Uli; relatively few rules that address local elections. The ccmclusion reached below -that these rules will llpply only in local electiom in stamtory counties, cities and toWDS -will therefore have a relatively limited impact upon those local elections. For the most part, the campaign finance rules for all local electioD6 that exist:ed prior to the adoption of Anicle XXVIII will continue uncbanpi. LEGAL ANALYSIS The Secretary of State 's inquiry requires consideration and intetpretarion of several sectionlii of Colorado 's constitution and statutes . These include Section 6 of Article XX of the constitution, Article XXVlil of the constitution, and a portion of the FCPA , s 1-45-116, C .lt.S . (2002). The legal analysis that follows begins with a discuuion of Article XX, the constitutional grant of home rule authorities for cities and toWll&. It considers the powers granted to home rule cities and towns , and concludes that these home rule entities generally regulate their local elections free from outside rules, includin~ those in Article xxvm . P. 03 SEP-15-2005 THU 01 :OB.lt1_90 Municipal League FAX NO. 3038608175 Page 3 The analysis then descnocs the home rule authorities granted to counties in the constitution, authorities that arc more limited by smtutes enacted by the General Assembly. Nevertheless, the analysis conclude& with regard to local elections that the breadth of home rule powers of counties is similar to the breadth of home rule powers of cities and towns. Artie le XXVIll does not expressly or implicitly repeal the constitution's home rule provisions. Finally, the discussion addresses the text of Article XXVIIl to conclude that rules about contributions in local elections by corporations and labor organizations do not apply to local elections. L The Colorado Constitution Confen Upon Cities ud Towns Home Rule Powers to Replate Local Electiom •. The legal provision at the heart of this opinion is section 6 of Article XX of the Colorado Constitution. This section describes the powers granted to Colorado's home rule cities and towns. It declares: The people of each city or town ofthis state, having a population of two thousand inhabitant& ... , are hereby vested with, and they shall always have, power to make, amend, add tow replace tile charter of said city or town, which shall be its organic law and extend to all it; local and municipal matters. Such charter and the ordinances made pursuant thereto in such mattes shall supersede within the territorial limits and other jurisdiction of said city or town any law of the state in conflict therewith. [After the charter is approved.] the citizens thereof, shall have the powers set out in sections l, 4 and 5 of this article, and all other powers necessary, rt:qUisite or proper for the gOW!mment and adminislratjon of irs °kJCtJI and municipal matren, including power to legislate upon, provide, regulate, conduct and control: a. The creatjon and terms of municipal officers, agencu:s and employment; the definition, regulation and alleration ·of the powers, duties, qualifications and terms or teT111re of all municipal officers, agents and employees: ••• cl All matters pertaining 10 municipal elections in such city or town. and to electoral votes therein on measures submttted under the charter or ordinances zhereof. including the calling or notice and the date of such election or vote, the Tegimarion of voters , nominations, nomination ud election systems, judges. and clerks of election, the form of ballots, balloting, challenging, canv.i.ssin&, certifying the result, securing the purity of elections, suarding against abuses of the elective franchise, i1Dd tending u, make such el.ections ... non-partisan(.] P. 04 ~ ~-SEP-15-2005 THU 01:06 PM CO Municipal League FAX NO. 3038608175 Page 4 "' . . COLO. CONST . a.rt. xx.§ 6 (emphasis added). Article XX do&eribcs its pUIJ)ose clearly. It i~ intmd.cd to grant imponant rights of self- government to home rule entities. It is the intmltion of this llJ'ticle to grant and confum to the people of all municipalities coming within its provisions the full right of sclf- govcmment in both local and municipal ma1teTi and the enumeration herein of cenain powers shall not be con.mucd to d.ony such cities and towns, and to the people thereof, any right or power essential or proper to the full exercise of such right. COLO. CoNST. art. XX,§ 6. The scope of these powers is cmpbaaized by the general grant to home rule entities of"all other powers necessary, requisite or proper for the govormnont and administration of its local aud municipal matters[.]" Id. Home tule cities and towns remain responsible for compliance with state law where they have not otherwise provided a rule by chaner or ordinance. The co11&titution provides: The statutes of the state of Colorado, so far as applicable, shall continue ro apply to such cities and towns, except insofar as superseded by the charters of such cities &Dd towns or by ordinance passed pumwrt to such chaners. · Id. Finally, the constitution states how a city or town avails itself oftbe powers described here and in other sections of Article XX. The city or town crcateS a charter that outlines tho structure and powers it wishes to adopt, and then bas the charter certified by the Sccrmry of State. J d. Tht. hislory of Al'licle XX The history of Article XX confirms its substantial application in practice. The Colorado Supreme Court described that history in a case decided thirty years ago. The di£Cussio11 that follows is drawn from that case, entitled Hoper v. Ctty and County of Denver, 173 Colo . 390,479 P.2d 967 (1971). Anicle XX was added to the Colorado Constitution in 1902, in part to er,;tablish Denver as a consolidated municipal government with home rule powers. Hoper, 173 Colo. at 396, 479 ·P .2d at 970. During the following dcca.de, con&idenble controversy arose over the construction of the amendment Id., citing Denver v. Mountain Slates Telephone & Telegraph Co., 67 Colo. 225 , 184 P. 604 (1919). The controversy sprang from a narrow judicial dotermina.tion oflocal or municipal matters within the control of a home rule city. Id . The Colorado Supreme Court announced tbe narrow inmprctation of home rule powers in Mauffv . People, S2 Colo. 562, 123 P. JOI (1912). It held that the City and County of Denver had only limited powers under Anicle XX to couttol the conduct of municipal elections, and that th: Colorado Constitution and general laws - P. 05 , - -:-. ~S!P-l5-2005 _THU 0~6 PH CO Municipal League FAX NO. 3038608175 Page 5 · concerning the regulation, control and management of elections were fully applicable to Denver · municipal elections. Hoper, 173 Colo. at 396,479 P.2d at 970. In response, the people initiated and adopted an amendment to Article XX, § 6 later that year, known as the "home rule amendment". The Colorado Supreme Court descn'bed the rationale and intended effect of this amendment ~ follows: lt is a part of the history of the state'tbat the people were disappointed, not to say mare, at tJie restrictions put upon the powers of cities by this court's iuterprc1zltions of article 20, and that the home rule amendtncnt was the expression of that fcclita.g. Id .. citing Denver v. Mountain States Telephone & Telegraph Co, supra, 184 P. 604. The historical. toxt of the home rule provision, still found in today's constitation. plainly cxpre&scs iu intent to allow home rule control oflocal election matters. It says, "[a]ll matters pertaining to municipal elections in such city or town, and to electoral votes therein on measures 11ubmitted under the charter or ordinances thereof .... " are of local conccm. COLO . CoNST. art. xx,§ 6.d. The courts have recognized the significance of these provisions. Ju gc:ncral, the powers listed in Article XX are considered to be matters of purely local and municipal conccm. Four- County Metropolitan Capitol Jmprovunmt Di.n. v. Board pf County Comm 'nrs, 149 Colo. 284, 369 P.2d 67 (1962); bad .tiee Fraternal Order of Police, Colorado Lodge No. 27 v. Ctty QTld County of Denver, 926 P.2d 562, 588-89 (Colo . 1996) (specific enumeration in the constitution is not dispositive, only a factor). Also, 1he t=nn '"municipal election" has been broadly construed. Mayv. Town of Mountain Village, 969 P.2d 790 (Colo. App. 1998) (approving home rule town's extension of voting franchise to non-residents); Hoper, l 73 Colo. at 396, 479 P .2d at 970. Finally , the cuzrent practice in home n:tlc towns and cities in Colorado confirms the common understanding that these entities regulate local elections. The charters and codes of home rule entities contain substantial provisions regulating that sub;cct See e.g., § lS-31 et seq., Revised Municipal Code of the City and County of Denver (1991). Against this historical and pr;i=tical bac.lcdrop, I recognize that Article XX vests home rule cities and towns with authority to regulate local elections . This authority includes rules regardin' contribution limits, reporting requiren:ients and the lilce . Il. Colorsdo', Rome R.ule Counties 'Poucss Powen. to R.eplate County Elcction5. The powers of home rule counties differ significantly from the powers of home rule cities and towns. Home rule countiei: are subject to separate constitutional limitations, and they are significantly more limited by Colorado's General Asr.embly, through tbe enactment of state 1 Although home rule mimicjpalitics ret:l.in the power to specify lheir own election prccedures, m:lny municip11llties adopt the mcc 's mimiciJ,111 elcclion code byrefmmce . Comport COLO . CONST . Al't XX.§ 6(1) wlrh § 31-10-10 1, C.lt.S . (2 002); Jte all·o En:lewood Potier: .BenejU Ass 'n v. Clry of Englewood, 811 P.2cl 464 (Colo . App . 1"990). P. 06 ~ SEP-!5-2005 THU OJ:07 PM CO Municipal League FAX NO. 3038608175 Page 6 starutes. Nevertheless, for the reasons that follow J conclude that home rule counties also a.re: empowered to decide upon their own election rules, and that home rule county powers in this TCgard arc similar in scope to those ofbom.c rule cities and towns. Home rule county powers and limitations. Home rule counties are governed by Article XIV, Section 16 of the Colorado Constitution. That section provides home rule counties with rights of self-govcmance that are limited by state statute: [TJhe registered electors of each county of the st.ate arc hereby vested with the power to adopt a home role charter establishing the organization and stlUi:ture of county government consistent with this article and i;tatutcs cna.ctcd pursumt hereto. COLO. CONST. art. XIV, § 16(1 ). This provision allows a county to adopt a charter that sets a different organization and structure for county government than the organization and structure set out in detail in the rest of Article XIV. The General Assembly exercises substantial cODll'Ol over bome rule counties. The constitution provides: A home rule county shall provide all i:nandatory county functions, services, and facilities and shal I exercise all mandntmy powers as ma:y be required by statute. Co1-o. CONST. an. XIV,§ 16(3). Similarly, the General Assembly can provide by statute limits to the permissive functions, services, facilitie& and powcn that can be cxcrciacd by home rule counties. A home rule county shall be empowered to provide such permissive functions, services, and facilities and to exercise sucb permissive powers u may be authoriz.cd by statute applicable to all home rule cowitics, except as may be otherwise prohibited or limited by charter or this constitution. COLO. CONST. art. XIV, § 16(4). The Gcnm.l Assembly has acted in these area&. See § 30-35- 201 , 202, C.R.S. (various powers of home rule counties). Home rule countiu ond 11,caJ, elections. Despite the more limited powers of home:: rule counties generally, the structure of the constitution in Ani.cle xvr confirms home rule county control of local elections. That structure shows that home rule counties have the power to adopt chancr rules to regulate the aspects of local cle...'iions ~tare also addressed in Article xxvm . It therefore supports the conclusion that home rule counties, like home role cities and to\VIlS, are not subject to Article XXVIIl in local elections . Article :xlV of the constitution sets out detailed instructions concerning the organization and election of county officials. Specific guidelines for how county commissioners arc elected P. 07 , \ -~~EP-15-2005 _THU 01:07 PM CO Municipal League FAX NO. 3038608175 Page7 and . th.cir terms in office are contained in Article XIV,§ 6. Rula far how county cl•kl, coroners, treasurers, liSsessors, attorneys, and surveyors arc elected, appoinlod ad Nl"YC arc et out in detail in Article XIV,§ 8. The qualificatiom for abcriffl are dilcNuod iD Aniclc XIV, § 9, and. how vacancies arc filled is described in Article XIV,§ 10. The (mien! Auambly pTOvidca for election or appointment of other county officers in Anicle XIV , § 12 . Tbe compmawion and fees of county· officers is detailed in Article XIV, § 15. ·Significantly, however, home rule counties can mbsuane their own rulu in every one of these areas. Article XIV,§ 16(S) says: The provisious of sections 6, 8, 9, 10, 12, and 15 of ll'dcl1 XJV of this con&titution shall apply to COUJlbOI adopdq I home nllc charter only t.o such extent as may be providad in llid chlnor . COLO._CONST. art. XIV,§ 16(S).2 This constitutional structure auppons tbc iDfaroaoe 1h11 bGlne nLle coumi11 can acncnlly choose in their charters the rules they dC1ire for tbe oleaiOII of local omcen. I conclude on this basis that home rule cotmtio& arc empowered to Nlfula&e COUDI)' lllcliau . They bavc, tbroup their chaners, the ability to address the 11me upocu of 1llc:dOD cnpai1D1 addreucd in Article xxvm.3 m. The Campaip Flnaace hfonm In ~ XXVIIJ Dt Not Control Local Electioa.s within die Home R.ale Eadtiel Tbat ...... a.ca..a, It is left to examme whetbcr dJe few ooudu:ianal campaip ftunce reforms in Article xxvm that affect local electioas are intended by die People IO di1place lhc cDDltitutianal election powers of home tulc citie&, IDWDI and oounlill ju dotcribod. J conchadc that Amendment XXVID does not dilpla= bamc Nll ol C1iOII powora , for the rouons set forth below. The =w campaip fiunce proviaiam iD Miele X>.'Vlll are ut forth in two parts. The first, a. demi led and lmgtby 111 of proviaiaaa, lnDOIIDCII conachWoDal ruloe govmning the financing of elections. The IICODd, a muda ...U. IIOliGD, dllplacel I pan. of the existing ,wutory mechanism re~arina campa.i,r, ftDIIICt m Colorado, tbc Fair Campaign Practices Act, § 1-45-101 er :ieq., C.R.S . (2002 ). 2 Ennbling legislation thus funh" cWlm a how ccwnl)' C4111mtllllOOl111 orpnize and set up n charter . SIU! § 30-11 -501 e l sttJ ., C.R.S . (2002). 3 Tne Municipal Electioc Coda l'ICOllftlla lhat a baa Nit "ony ud caic,," can opt , like home iule citiei; :md towrui, to n:sulace elcciion5 . lt proviou; "Tw aru• lball llOC .,. y IO ci11111, IO'MI&, or c:ttios and counties having heme rule, but AnY auch cit)•, IOWr\, Ill' et~ and IOl&fflY • Mopt all °' Ill)' pan of lbla anicle by rcfercncc:." § 31- 10-1539. C.R.S . (2002); ,ae •.J .. AMi)•, to9 P.2 a& '9S III la CMl'IIT, lbc Town 11dor1t1d lhc Municipal Election Code. but noted tbaL eleaimi. 1hall ~ 10\'IIIIIICI ~· Illa "[1)1c:ept u IN)' be owrwise provided in thh, Charter"}; In Re Ballot Title Wld ~ ""' C IMIH, ad St,"'""'">'for 199 7-1998 No . f.1.5, 960 P.2d 1204, t:?09 (Cole . 1998) (n:co5nizin1 tbll lhe power of home ni lei If tlOI cl,r;ved ham ihe General Asaembl y, but is an lncieplllldent con11imtionel powar 111d" KIIA8 11an1a&1ve lilac would cleprive home rule cities cf this power). P. DB .. -SEP-15-2DRS_THU 01:08 PM CO Municipal League FAX NO. 3038608175 Page 8 The comtitutional tcXt of Article xxvm docs not uniformly refer to state or to local elections . Rather, molt portions address state elections alone, while others concem state, local IIDd other elections, and still others arc silent on this point. It ;s apparent that these choices a.re made carefully in the UIXt of Anicle XXVIII. It follows directly from tbis fact that Article xxvm docs not intcDd to preempt alt election rules within the state that concern the subject matter it addrcues. A few portions of Article XXVIII apply by theirtmnS to.local elections. A "candidate" is defined to iucludc "any person who seeks nomination or election to IUlY state or local public office that is to be voted on in this stat::[.)" See COLO. CONST . a.rt . XXVIII, § 2(2). In addition, aggrcga~ individual contribution rules apply to local elections: No political party shall accept aggregate contnbutions from any person, other than a small donor committee as doscn'bod in paragraph (b) of this subsection (3), that exceed three thousand dollars per year at the Slate, county, district and local level comb;ned .... COLO. CONST . an. XXVIll, § 3(3)(a). Finally, Article XXVTll makes a separate reference t.o di~losure requirements in local elections: The disclosure requirements relevant to candidate committees, political committees, issue committee&, and political parries, tha.t: arc currC11tly set fortb iu section 1-45-108, C.R.S., or any successor section, shall be extended to include small donor committees . . . . For purposes oftb.is section and 1-45-108, C.R.S., ... , apolitical party shall be treated as separate entities at the state, county, district, and local levels[.] COLO. CONST . en. XXVlil, § 7. These references to local elections raise an imporumt -bome rule question. Are the limited . rules in Article XXVIIl that regulate local elections inumdcd to govern only local elections in entities that do not exercise home rule powers, or are they intendod to supplant the ho'!De rule powers over elections discussed in detail above? For the reasons that follow , I conclude that Anicle XVIll docs uot supplant the home rule powers of cities , towns and counties to regulate elections . The silence of Anic:le XA'VIIl on the home rule issue is convincing. The entire lengthy and detailed provision contains no statement that it governs home rule entities. Against m historical bnckdrop of home rule aovermnent in Colorado for more than seventy years, th.at omission is telling. See City of Enrlewood v. City & County of Denver, 123 Colo . 290, 30 l, 229 P .2d 667 , 673 (1951) (citing "universal rule that rcpcaJ.s by implication are not fuvorcd"). overruled on oth~ grounds by .Board of County Comm 'r3· of Arapahoe County v. Denver-Bd. of Wazer Comm 'rs, 718 P.2d 235 (Colo . 1986); accord Showpiece Homes Corp. v. A.rS11rance Co. oj'Am., 38 P .3d 47 , 53 (Colo . 2001 ). P. 09 .~--SEP-lS-2005 mu 01_:oa PM CO Municipal League FAX NO. 3038608175 Page 9 When Article XXVIIl does expressly ·address conflicting governmental rules for elections, it docs not mention the role of home rule entities. It refers only to state statute, the principal mechanism used to control local entities that have not chosen home ra1e. Section 1 1 of Article XXYilI simply says, "[a)ny provisions in the statutes of this Gta.tc in conflict or iuconsistcnt with this article are hereby declared to be inapplicable ...• " If Article XXVIJl is to govern home rule authorities, charter& and ordinances surely would be mentioned. Compare COLO. CoNST. art. X. § 20 (amendment written to "supercode conflicting state constitutional, state &tatutoty, cbartc:r, or other state or local government provisions''). Moreover, though five other provisions of the Fair Campaign Practices Act are repca.led by Article xxvm, the portion of the FCP A recognizing the power of home rule counties and municipalities to regulate elections intentionally is left untouched by the constitutional amendment The provision u:ft intact, Section 116, says: Any home rule county or municipality may adopt ordinances or charter provisions with respect to its local elections, which are more stringent than any of the provisions contained in this Act. ... § 1-45-116, C.R.S. (2002); aee also COLO. CONST. art. XXVIII, § 12 (affirming§ 116 is not repealed); Gosliner v. Denver Election Comm 'n, 191 Colo. 328, 5S2 P .2d 1010 (1976) (public: meeting law could not divest a home rule city of its constitutionally granted plcDary power to deal with muaicipal elections). Tbis choice demonstrates an intention to leave the powers of home rule entities intact Additi0l13lly , the legislative history of the initiated campaign finance measure docs· not show an intent to su.perccde home rule powers in the contribution limits area. Neither the ballot iDfonnation booklet mailed to the voters nor the proponcuts of Amendment 27 stated that the Amendment was intended io dismantle home rule entities' limitations upon contributions to local candidates. See Betlford v. Sinclatr, 112 Colo. 176, 182, 147 P.2d 486,489 (1944)(recogoizing that "the cvidc::n.t contemporary interpretation of those actively promoting the Amendment should be afforded considcrabk weight'"); see also Carrara Place, Ltd. v . .Arapahoe Cmmty Bd Of Equal!Mtior:, 761 P.2d 197, 203 (Colo. 1988). Fimlly, Article xxvm and the home rule provisions of the constitution cm be read in harmony . This is accomplished if the limited local election rules in Article XXVll! are read to apply only to cities, towns and counties that do not exercise home rule authorities . They have force in that regard, but the home rule provi1ions of Articles XX mid xrv are left unimpaired, as well . Whenever possible, court& strive to reconcile constitutional or statutory provisions without conflict See e.g., In re Great Outdoors Colorado Trust Fund, 913 P.2d 533, S38 (Colo . 1996). For all these reasons, I conclude that Article xxvm of the constitution doe,; not supplant the home rule authorities of Articles XX and XIV of the constitution in the area of campaign finance . Rather, the campaign finance choices made in the cbartcn; and ordinances of home rule entities survive separately from the ralcs contained in Article XXVIII . P. 10 __ __?!P-15-2005 THU 01:08 PM CO Municipal League FAX NO. 3038608175 Page JO IV. Article XXVIII Doa Not Impose Upon Home Rule or Other Local Entities Its Limitations on Contl'lbutiom from Lllbor Organizations and Corporations It follows that the constirutional amendment docs not impose limits on contrt"bution& by corporations and labor organizations upon home rule or other local entities . The text of the amendment provides, in relevant part: lt shall be unlawful for a corporation or labor organization to make contributions 10 a candidate committee or a political party, and to make expenditures expressly advocating the election or defeat of a candidate; ~cept that a corporation or labor orgauization may establish a political committee or a small donor committee which may accept contrtbutions or dues from employees, officehdlders, shareholders, or members . Coi..o. CONST. an. xxvm. § 3(4)(a). Nothing in the provision states whether its limitations apply to home rule entities. The legislative history of the am~nt says that it is intended 10 apply to elections for statewide official&. The ''Blue Book .. argument in. support of ttlc initiative specifically descn"bes · only natewide candidates as covered by the ameDdm.cnt: Although corporations and labor unions cannot vote, spending by such entities influences the political process. Under this proposal, these orpnizations will have to raise money from employees, shareholders, and mcmbers who comn'bute to small donor and political committees rather thim directly funding political activities. Corporations and labor unions are already bm:mcd from directly contributing to federal candidates; this proposal simply e:rzends the ban to state raCl!S. · Lcawative Council of the Colo . Gen. Assembly, An Analvsis of 2002 Ballot Proposals, Research Pub. No. 502-10 ar 6 (2002) (emphasi& added); see also CtJTTara Place, Ltd., 761 P.2d at 203 (''lepslative council's interpretation, while not binding, provides important insight into the electorate' i understanding of the amendment when it was passed"). There is no related discunion or mention of municipal elections; and the refercru:e to state elections cannot be extended beyond its clear language . Likewise , tile lack of reference to home rule charter OT ordinances is instructive. Se~ supra p. 5 and Hoper, 173 Colo . at 3 95, 4 79 P .2d at 969 (notins that in the "absence of a clear statement to tho effect that municipnlitics are limited, such meaning cannot and should not be inferred"). CONCL.OSION For the reasons described, An:iclc xxvm does not apply to home rule counties and municipalities which have charters or ordinances that already address the matters covered in Article xxvm . Also, the prohibition in Section 3(4)(11) of Article x:xvm, limiting corporaie or labor organization conlributions, docs not apply to candidates far local offices . P. 11 Page 11 Issued this 13 111 day ofJanuary, 2003 FAX NO. 3038608175 KEN SALAZAR Attamey General ALAN J. GILBERT Solicitor General TERRYFOX Assistm1t Attomcy General P. 12 0 ( SECRETARY OF STATE RULES CONCERNING CAMPAIGN AND POLITICAL FINANCE [8 CCR 1505 -6] Administrati ve Hearings in the Department of Personnel and Administration for the consideration by an administrati ve Jaw judge, which will notify the respondents of the filing of the complaint and which will issue all other appropriate notices to the parties . [Article XXVIII, Section 9(2)(a)] 7. Applicability of Constitutional and Statutorv Provisions to Local Offices and Home Rule Elections 7.1 The requirements of Article XXVIII of the State Constitution and of Article 45 of Title l , Colorado Revised Statutes , shall not apply to home rule counties or home rule municipalities that have adopted charters, ordinances, or resolutions that address any of the matters covered by Article XXVIII or Title l, Article 45 . ----::>~ 7.2 The provisions of Section 3(4) of Article XXVIII of the State Constitution relating to contributions and expenditures of corporations and labor unions apply to elections to every state and local public office , except local public offices in home rule counties or home rule municipalities that have adopted charters , ordinances , or resolutions that address any of the matters covered by Article XXVIII or Title 1, Article 45 . 7.3 The provisions of section 1-45-105 .5, relating to a prohibition on lobbyist contributions to members of the General Assembly during legislative sessions , apply to members of the General Assembly who are candidates for any state or local office , including any office in home rule municipalities that have adopted charters, ordinances, or resolutions that address any of the matters covered by Article XXVIII or Title l , Article 45. 7.4 A political party , as defined in Section 2(13) of Article XXVIII of the State Constitution, at the level of a home rule county or home rule municipality that has adopted a charter, ordinance , or resolution that addresses any of the matters co vered by Article XXVIII or Title l , Article 45 , may establish a separate account that is used solely for contributions made to the party, and expenditures made by the party, for the purpose of supporting the party's county or municipal candidates for offices within the county or mun icipality. Contributions to and expenditures from such acc ount shall not be in cluded for purpo se s of any limitati ons or reporting conta in ed in Article XXVIII or Title 1, Article 45. 8. Ca nd idate A ffid avits from Special D is tri ct D irector Candida te s 8 .1 The special district designate d election official or, as app licable, the presiding officer or the secretary of the board of directors, under sectio n 32-1-8 04 .3(5), C.R.S ., shall provide to the co un ty clerk and recorder of th e county in whic h th e d istrict court having j uri sdiction ove r th e special district purs uant to section 32-1-303, C.R .S., is located . Eith er a li st of th e board of director candidates, or th e se lf-nomi nation an d acceptance forms an d lett ers, and affi davits of inte nt to be a write-in can didat e, withi n te n days of their fili n g with th e designated election official , presiding officer, or secretary as applicab le . 8.2 If a candidate for a special district office fails to file a candidate affi davit, or the filed self- nomination and acceptance form or letter, or the affidavit of intent to be a write-in candidate does not contain the statement required by section 1-45-110(1), C .R.S ., the county clerk and recorder shall mail the special district a copy of the notification to the candidate regarding pending disqualification sent pursuant to section 1-45-111 (3). Page 9 ,,.. ORDINANCE NO. SERIES OF 2006 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER -------- AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY nm ADDITION OF A NEW SECTION 7 ENTITLED CONTRIBUTIONS. WHEREAS, the passage of this proposed Ordinance will allow City of Englewood candidates to accept contributions from corporations and labor organizations; and WHEREAS, the Colorado Attorney General addressed how rules in the Amendment 27 initiative, approved by Colorado voters on November 5, 2002, apply in elections in home rule counties and municipalities; and WHEREAS, the initiative amends both the Colorado Constitution and Colorado's Fair Campaign Practices Act (FCPA), now Article XXVIII of the Colorado Constitution; and WHEREAS, the Colorado Attorney General's opinion states that the "rules about contributions in local elections by corporations and labor organizations do not apply to local elections" in Home Rule cities; and WHEREAS, the Colorado Attorney General also stated, "the legislative history of this part of the amendment says that it is intended to apply to elections for statewide officials."; and WHEREAS, the City of Englewood, Colorado is a Home Rule City, thus following the Colorado Attorney General's opinion that the Englewood candidates would be allowed to accept contributions from corporations and labor organizations; 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 approves amending Title 1, Chapter 8, of the Englewood Municipal Code 2000, with the addition of a new Section 7 , which shall read as follows . 1-8-7: Contributions. Candidates will be allowed to accept contributions from corporations and labor orianizations . Section 2. Safety Clauses . The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further -1- determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Penalty . The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 1st day of May, 2006 . Published as a Bill for an Ordinance on the 5th day of May, 2006 . Olga Wolosyn, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read in full, and passed on first reading on the 151 day of May, 2006 . Loucrishia A. Ellis -2- .' COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 1, 2006 9 a iii Amendment to Title 7-1 A-4 (Number of Animals Maintained on Premises; License Requirements) of the City of Englewood Municipal Code Initiated By: Staff Source: Department of Finance and Administrative Frank Gryglewicz, Services Director of Finance and Administrative Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council discussed this topic at the Study Session on April 1 7, 2006 and agreed to consider the proposed changes to Title 7-1 A-4 of the Englewood Municipal Code at the May 1, 2006 Council Meeting. RECOMMENDED ACTION Staff recommends Council adopt a Bill for an Ordinance deleting outdated and confusing language in Title 7-1 A-4. FINANCIAL IMPACT This will not impact the City's financial position . LIST OF ATTACHMENTS Bill for an Ordinance - , .~ ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER ------- ABILLFOR AN ORDINANCE AMENDING TITLE 7, CHAPTER IA, SECTION 4, OF TH E ENGLEWOOD MUNICIPAL CODE 2000 . qa"tii WHEREAS , the current Title 7 , Chapter IA , Section 4 , has outdated and confusing language; and WHEREAS , with the adoption of this proposed Ordinance , the outdated and confusing language shall be deleted from the Englewood Municipal Code; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby approves amending Title 7, Chapter IA , Section 4 , of the Englewood Municipal Code 2000 , to read as follows: 7-1 A-4 : Number of animals maintained on premise s; license requirements . No household, place or premises may have more than two (2) dogs and two (2) cats over six (6) months of ag~. witho\:lt first havieg 13roe\:lrea a City hobby breeaer's lieeese as hereieafter 13ro•1iaea. A City hobb~· breeaer's lieeese shall eot be reql:lirea where the plaee or premises are e\:lrreetly lieeesea as a 13et sho13 or boaraieg kenRel , fJ\:lrS\:laRt to seetioR 12 57 101 et seq . C.R.S . 1973. All households as of the effective date of the Ordinance , owning three (3) dogs or cats witho\:lt a hobby breeaer's lieeese may maintain the three (3) dogs or cats currently owned but shall not maintain more than two (2) dogs and two (2) cats upon the death or loss of ownership of one (1) or more of the currently owned thre e (3) dogs or cats . Section 2. Safety Clauses . The City Council hereby finds, determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public , and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Counci l further determines that the Ordinance bears a ratio na l r elation to th e proper legislative object so ught to b e obtained . Section 3. Severability. If any clau se, se nt ence, pa ragraph, or part of this Ordinance or the appl ica tio n th ereof to any person or circ umstances shall for any reason be adj ud ged by a co urt of competent j urisdiction invali d , such jud gmen t shall not affect, impair or invalida te the remainder of this Ordinance or its application to other persons or circumstances . Section 4. Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 1st day of May, 2006. Published as a Bill for an Ordinance on the 5th day of May, 2006. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the l st day of May, 2006 . Loucrishia A. Ellis r "· 1 ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE AMENDING TITLE 5, CHAPTER 8, SECTION 3, SUBSECTION C, OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHICH PERTAINS TO REFLEXOLOGY EDUCATION REQUIREMENTS. WHEREAS, the City Council of the City of Englewood passed Ordinance No . 54, Series of 2005, pertaining to Reflexology licensing in the City of Englewood, Colorado; and WHEREAS, the Englewood City Council amended the transitional period for Reflexology Licenses; and WHEREAS, the passage of this Ordinance will amend the education requirements for Reflexologists allowing applicants a license if they possess a valid certificate from any State recognized certification Board rather than limiting the certification to only one certification group; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l . The City Council of the City of Englewood hereby approves amending Title 5, Chapter 8, Subsection 3, Subsection C (2), of the Englewood Municipal Code 2000, which shall read as follows: Chapter 8 REFLEXOLOGY 5-8-3: Application for License. C. Education : l. The applicant must provide complete disclosure of his or her education and experience as a reflexologist. 2. To obtain a reflexologist license the applicant must have : a . Graduated from a school accredited by the State Educational Board or division charged with the responsibility of approving pri vate occupational schools, or from a school with comparable approval or accreditation from another state with transcripts indicating completion of at least two hundred (200) hours of training, including a minimum one hundred ten ( 110) hours of supervised class instruction, in reflexology . For the purposes of this Chapter, a reflexology school may include an equivalency program approved by the State Educational Board or division charged with the responsibility of approving private occupational schools. 9bi b . In the alternative, the applicant must possess a current, valid certificate from the Amerieee RefleKelegy Certifleetiee BeerEI a state recognized reflexology certification board . Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 3. Severability . If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6 . Penalty . The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 17th day of April , 2006. Published as a Bill for an Ordinance on the 21st day of April, 2006. Read by title and passed on final reading on the 1st day of May, 2006. Published by title as Ordinance No._, Series of 2006, on the 5th day of May, 2006. Olga Wolosyn, Mayor ATTEST : Loucrishia A . Ellis, City Clerk • , I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2006. Loucrishia A . Ellis • COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 1, 2006 9 Ci Supplemental Appropriation and Transfer of Funds for Crosswalk Improvements at the Malley Center Initiated By: Staff Source: Department of Finance and Administrative Frank Gryglewicz, Services Director of Finance and Administrative Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council discussed this issue at the April 10, 2006 Study Session and expressed an interest in funding a portion of this project from the General Fund. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A number of Malley Center members and citizens have voiced concerns over the safety of accessing the Malley Center. The Trust Fund Committee took on the task of researching various options to make crossing safer. At a Trust Fund Committee meeting held October 6, 2004, the Committee began working with the Public Works Department on crossing improve ments. It was determined that the safest crossing point was at Girard and Lincoln, but this was rejected because of distance of travel required . Other crossing points and the possibility of creating a cul-de-sac were discussed. An alternative proposal was discussed on October 19 , 2005. The proposal included narrowing Lincoln and placing pedestrian acti vated crossing lights similar to those located at Civic Center. The es timated cos t of this proposal was $20,000. The proposal was dis c ussed at a meeting of the Trust Fund Committee on January 25, 2006. The proposa l's cos t, as presented , was $23,600 but did no t include an es timated $1,000 for landscaping. The Malley Center Trust Fund Committee requested City Council support this project by funding $12,600, but staff recommends the amount be $13,500 to cover possible overages and unknowns. The Malley Center Trust Fund authorized spending an additional $11,000 to complete this necessary project. RECOMMENDED ACTION Staff re o mm ends City Coun ii approve the attached Resolution for a supplemental appropria ti on of Mall ey Center Trust funds and a transfer of funds from the General Fund for Malley Center ro wa lk irnpro emen ts . GENERAL FUND: SOURCE OF FUNDS: Unreserved/Undesignated Fund Balance USE OF FUNDS: Transfer Out to Malley Center Trust Fund (Crosswalk Improvements) MALLEY CENTER TRUST FUND: SOURCE OF FUNDS: Unreserved/Undesignated Fund Balance Transfers In From General Fund USE OF FUNDS: Crosswalk Improvements FINANCIAL IMPACT $13,500 $13,500 $11,000 $13 ,500 $24,500 This appropriation will reduce the General Fund's unreserved/undesignated fund balance by $13,500 and the Malley Center Trust Fund 's unreserved/undesignated fund balance by $11 ,000. LIST OF ATTACHMENTS Resolution RESOLUTION NO . SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENT AL APPROPRIATION AND TRANSFER OF FUNDS TO THE 2006 BUDGET FOR CROSSWALK IMPROVEMENTS AT THE MALLEY CENTER. WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations ; and WHEREAS , the transfer from the General Fund will partially fund the Malley Center crosswalk improvements ; and WHEREAS, the supplemental appropriation from the Malley Center Trust Fund will fund the remainder of the crosswalk improvements ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Budget for the City of Englewood, Colorado, is hereby amended for the year ending 2006, as follows : GENERAL FUND: SOURCE OF FUNDS: Unreserved/Undesignated Fund Balance USE OF FUNDS: Transfer out to Malley Center Trust Fund (Crosswalk Improvements) MALLEY CENTER TRUST FUND: SOURCE OF FUNDS: Unreserved/Undesignated Fund Balance Transfers In From Genera l Fund USE OF FUN DS : Crosswalk Improvements $13 ,500 $13 ,500 $11 ,000 $13 ,500 $24,500 Section 2 . The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the 2006 Budget for the City of Englewood. ADOPTED AND APPROVED this 1st of May, 2006 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2006. Loucrishia A. Ellis, City Clerk ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 1, 2006 9 C ii Resolution Granting Authority to Auto Fill Fields for City and County Information on the City of Englewood Candidate Nomination Petitions Initiated By: Staff Source: Department of Finance and Administrative Frank Gryglewicz, Services Director of Finance and Administrative Services City Clerk's Office/Election Commission Loucrishia A. Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council reviewed this proposed Resolution at their April 1 7, 2006 Study Session. RECOMMENDED ACTION The Election Commission discussed this issue at their February 21, 2006 meeting. The City Clerk's Office and the Election Commission seek Council approval of a Resolution granting authority to auto fill fields for City and County information on the City of Englewood candidate nomination petitions. BACKGROUND This action comes as a result of man y requests from the candidates, as well as those signing the petitions, as all va lid signatures would be within the City of Englewood and Arapahoe County boundaries. This will facilitate the petitioning process for all involved and reduce the number of signatures disallowed due to these incomplete fields . FINANCIAL IMPACT None LIST Of ATTACHMENTS Re olu t ion RESOLUTION NO. SERIES OF 2006 A RESOLUTION GRANTING AUTHORITY TO THE CITY CLERK'S OFFICE AND THE ENGLEWOOD ELECTION COMMISSION TO PRINT IN THE FIELDS FOR CITY AND COUNTY INFORMATION ON THE CITY OF ENGLEWOOD CANDIDATE NOMINATION PETITIONS BEFORE THEY ARE SIGNED. WHEREAS, there have been many requests from candidates, as well as those signing petitions, for the City to print in the city and county information on Candidate Nomination Petitions because all valid signatures would be within the City of Englewood and Arapahoe County boundaries; and WHEREAS, the passage of this Resolution will allow the City Clerk's Office and the Englewood Election Commission to facilitate the petitioning process for all involved and reduce the number of signatures disallowed due to these incomplete fields; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section l . The City Council of the City of Englewood, Colorado hereby authorizes the City Clerk's Office and the Englewood Election Commission to print the fields for city and county information on the City of Englewood candidate nomination petitions before they are signed . ADOPTED AND APPROVED this 111 of May, 2006. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2006 . Loucrishia A . Ellis, City Clerk - COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 1, 2006 9 C iii Englewood Public Library's "Summer Food for Fines " Initiated By: Staff Source: Library Department Hank Long, Director of Library Serv ices COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Library has sponsored this popular program since 1990, and each yea r City Council has voiced its support. In 2003, the annual Food for Fines program was expanded to twice a year, at the request of the Library Board and subsequently approved by City Council for two weeks during the summer as well as two weeks at the end of the calendar year as a way to mitigate the increase in Overdue Library Fines and as a way to encourage the timely return of Englewood Public Library (EPL) materials so that the y can be used by more people. The two wee ks of the Summer Food for Fines program covers the last week of the public school year and the first week of vacation, a time during which students and teachers are cleaning out desks and lockers in preparation for the summer break and numerous overdue Library materials are located, whereas the two weeks of the Winter Food for Fines program traditionall y covers the period between the Thanksgi ving and Christmas holidays. Historically, each of thes e two biannual eve nts averages S 1,000 to $1 ,5 00 in donated food items for the lnterFaith Community Services food bank. RECOMMENDED ACTION The Library Department recommends City Council approval of a Resolution authorizing the Library Department to implement its 2006 Summer Food for Fines program from Monday, May 22 through Sunday, June 4 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED For th e past 16 yea rs , the Englewood Publi c Library has provided its "Food for Fines" program as a , a for th ose patrons wi th fines on their O\'erd ue EPL mat eria ls to "pay" th em off through the donation of non-perishable food items that are, in turn , forwarded to Interfaith Community Services for their "food bank " distribution to financially disad va ntaged families in the Englewood area. Following 2003's increase in maximum O ve rdue Fines from $2 to $5, the Library Board req u es ted that the number of food items required to pa y off a single O ve rdue charge also be in reased beginning with the 2004 Winter Food for Fines program , e.g. it now takes two food items to ance l o ut th e late charges (not lost or damaged charges) on one o erdue item . Thes e food it ms must be presented to th Library Staff at th e Circulation Desk in order for the fines to be I ared from th e pa t ron's co mputer record . This program has been warm! received and supported b , th publi sin e its inception, and Library patrons now look forward to it as a wa of helping whil relie\'ing their o, n finan ial obligati ns . Thus , the program presents a po iti e image Librar and the City an d is a "win-, in" ituation fore er one im lved. FINANCIAL IMPACT • Since its inception, this program has raised approximately $25,000+ in donated non- perishable food items to assist needy families in the Englewood area. • The money the Library collects each month in "late charges " (i.e. charges on books and other EPL items returned past the original "due date " and past the three-da y "grace period ") goes to the City's General Fund . These re v enues traditionall y drop about 50 % during each of the Library 's two-week Food for Fines programs, but the loss is more than offset by the "good will " this program generates among Library patrons and by getting the Library materials back on the shelves so that others can use them. LIST OF ATTACHMENTS Resolution. RESOLUTION SERIES OF 2006 ----~-- A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE "SUMMER FOOD FOR FINES" PROGRAM FROM MONDAY, MAY 22 THROUGH SUNDAY, JUNE 4, 2006. WHEREAS, the Englewood Public Library has sponsored a "Food for Fines" program since 1990;and WHEREAS , the "Food for Fines" program allows patrons with overdue fines to "pay" them off through the donation of non-perishable food items; and WHEREAS , the food items are then forwarded to the Interfaith Community Services for their "food bank" distribution to financially disadvantaged families in the Englewood area ; and WHEREAS, the program is a benefit to the community in that the disadvantaged are assisted; the air cleared with respect to fines; the City receives its library materials back and the program presents a positive image of the Library and the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby authorizes the Englewood Public Library's implementation of the "Summer Food For Fines" program from Monday , May 22 , through Sunday, June 4 , 2006. The collected food will then be forwarded to the Interfaith Community Services for distribution to financially disadvantaged families in the Englewood area. ADOPTED AND APPROVED this 1st of May , 2006. ATTEST: Olga Wolos yn, Mayor Loucrishia A . Ellis, City Clerk I , Loucrishia A. Elli s, City Clerk fo r the C ity of Englewoo d , Colorado, here by certify the above is a tru e co py of Res olution N o. __ , Serie s of 2006 . Loucri shia A . Ell is, City C lerk ... '. , ; RESOLUTION NO. SERIES OF 2006 ------------------- A RESOLUTION AUTHORIZING AN INTEGRATED PROCUREMENT AGREEMENT WITH TELE-WORKS, INC. OF BLACKSBURG, VIRGINIA FOR THE PURCHASE AND )MPLE'MEN'fl\-1:ION OF AN E-MAIL SERVICES PLATFORM FOR WEB AND U:ELEPHONY-BASED ELECTRONIC SERVICES AS A NEGOTIATED SOLE SOURCE }') f "~INS--TEAD-OF USING THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF I 1 THE HOME RULE CHARTER AND SECTION 4-1-3 OF THE ENGLEWOOD MUNICIPAL CODE2000. WHEREAS, the Englewood City Council adopted the Strategic Information Systems (SISP) in 2002, identifying the goal of applying technology to enhance citizen information and participation, while improving City service delivery and efficiency; and WHEREAS, during the replacement of critical business systems ( e.g. Financial, Recreation, Utility Billing, Permits, Municipal Court, etc.), the Plan calls for selection of technologies that facilitate on-line services, where appropriate; a system has been selected that includes the ability to integrate with on-line services; and WHEREAS, in the 2006 MYCP, funds were approved for the purchase of an integrated Electronic Services platform to establish a base system for providing Internet and Telephone based electronic services; funds were also approved in the 2005 MYCP and carried over to 2006, for implementation of the on-line Recreation Registration capability; and WHEREAS, an important objective of the City's technology investment program has been to set a solid foundation for providing new on-line information and services to Englewood's wide array of customers; and WHEREAS, in addition to general implementation and support services, the procurement includes the following key elements: • The e-Services integrated platform for providing information from our systems in a web- enabled or telephone-based format, including special text-to-speech software that facilitates the latter. • Special hardware interfaces to our applications and telephone systems. • A secure ePayment module for processing financial transactions. • A "FirstResponder" module to be used for automated "outcalling" to customers for special announcements (e.g. cancellation of Recreation events due to inclement weather, etc .). • And, the customer-facing application to make it possible to register, review and pay for Englewood Recreation classes over the Internet or by telephone . WHEREAS, Staff has affirmed through product research and interaction with numerous other Colorado cities and counties that the eServices products and services offered by Tele-Works, Inc. are unique in the marketplace with respect to the City's eServices technology and operating needs; and WHEREAS, Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1, Englewood Municipal Code 2000, allow contracts for public works or improvements to be negotiated, provided that contracts for which no competitive bids have been requested have been approved by resolution which shall declare the reason for exception to the competitive bidding requirement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The Englewood Information Technology Department is hereby authorized to purchase and implement an e-Services platform for web and telephone-based electronic services from Tele-Works, Inc. in the amount of$110,000.00, in lieu of the competitive bid process as allowed by Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1, Englewood Municipal Code 2000. Section 2. The City Manager is hereby authorized to enter into an integrated Procurement Agreement with Tele-Works, Inc. for the purchase and implementation of an e-Services platform for web and telephony-based electronic services, attached hereto as Exhibit A. ADOPTED AND APPROVED this 151 of May, 2006. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2006. Loucrishia A. Ellis, City Clerk • ,. \. f I ' SYSTEM PROCUREMENT AGREEMENT THIS SYSTEM PROCUREMENT AGREEMENT (the "Agre ement"), dated _________ , 2006 (the "E ffecti ve Date"), is between Tele-Works , Inc., a Virginia Corporation ("Vendor"), and THE CITY OF ENGLEWOOD, COLORADO, a Colorado municipal corporation ("City"). City and Vendor may be refeITed to individually as a "Party" and collectively as the "Pa11ies". W I T N E S S E T H: WHEREAS, City wishes to obtain a web voice response web-application system (as fm1her described in this Agreement, the "S ystem") for use by City in its municipal operations; WHEREAS, Vendor is in the business of providing, installing , implementing and supporting web voice response web-application systems; WHEREAS, City has considered Vendor's proposal regarding the implementation of a web voice response web-application system which will satisfy City's requirements as set forth herein; and WHEREAS, as a sole source procurement , City has se lected Vendor to provide, install, implement and support a web vo ice response web-application system for City; N OW, THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration received and to be received, Vendor and City agree as follows : ARTICLE I. AGREEMENT, TERM, AND DEFINITIONS 1.1 Agreement and Term. The Parties agree that the terms and conditions of this Agreement apply to the purchase and sale of the System and the provision of Services to City by Vendor. The term of this Agreement commences on the Effective Date and the Agreement shall continue to be in effect until terminated by either Party as set forth in this Agreement; provided, however, that the licenses granted to City by Vendor for the Vendor Software are perpetual unless te1minated as provided for in this Agreement. 1.2 Certain Definitions. The following definitions apply to this Agreement: (a) "Acceptance Date" means the date on which the System is accepted by ity , as indicated by execution of th e Ce11ifi cate of Completion. (b) " cceptance Tests Specifications" means the specifications set f011h in the tatcment of Work for detem,ining if the System satisfies the Acceptance Tests. • X ... I a I T A (c) "Acceptance Tests" means the manner and means of acceptance testing of the System and the Services, as described in the Statement of Work. (d) "Applicable Laws" means all laws, ordinances, rules, regulations, orders, interpretations, requirements, standards, codes, resolutions , licenses, pe1mits, judgments, decrees, injunctions, writs and orders of any cou1t, arbitrator, or governmental (federal, national, state, municipal, local or other, having jurisdiction over a Pa1ty and the location where a particular element of the Services is performed or where any part of the Equipment is situated) agency, body, instrumentality or authority that are applicable to any or all of the Parties, the Site, the Services or the terms of this Agreement, including all environmental and hazardous materials Jaws which are applicable to the Site or the Equipment and which are at any time applicable to perfom1ing the Services. (e) "Ce1tificate of Completion" means a written ce1tificate, signed by authorized representatives of City and Vendor, stating that (I) the System has been completely delivered, assembled, installed, and tested at the Site in accordance with this Agreement, (2) as so assembled and installed, the System meets the Acceptance Tests, and (3) the System confo1ms in all material respects to the Specifications . (f) "Defect" means any failure of the System to operate m material confonnity with the Specifications. (g) "Documentation" means user guides, operating manuals, education materials, product descriptions and specifications, technical manuals, supporting materials, and other infonnation relating to the System or used in conjunction with the Services, whether distributed in print, magnetic, electronic, or video fonnat, in effect as of the date (I) the System is accepted by City, or (2) the Service is provided to City. (h) "Employee" means those employees, agents, subcontractors, consultants, and representatives of Vendor provided or to be provided by Vendor to perfo1m Services pursuant to this Agreement. (i) "Equipment" collectively means all items set forth in Schedule 1.2(i) to this Agreement, and all other items, parts, components and materials necessary for the manufacture, supp ly and installation of the System, all of which are to be supplied by Vendor under this Agreement. (j) "Serv ices" includes, but is not limited to, installation, integration, ed uca tion, acceptance testing, s uppo1t , maintenance, development, wa1Tanty, and time and materials servi ces, provided or to be provided by Vendor pursuant to this Agreement. (k) "Site" m ea ns 1000 Englewood Parkway, Englewood, Colorado 80110. (I) "Site Supp01t Requirements" means the criteria and schedule for preparation of the ite for the System, as set forth in chedule 1.2(1). ,. ( (m) "Source Code" of the Vendor Software means the Vendor Software written in programming languages, including all comments and procedural code, such as job control language statements, in a fom1 intelligible to trained programmers and capable of being translated into object code for operation on computer equipment through assembly or compiling, and accompanied by documentation, including flow chatts, schematics, statements of principles of operations, and architecture standards, describing the data flows, data structures, and control logic of the Vendor Software in sufficient detail to enable a trained programmer through study of such documentation to maintain and/or modify the Vendor Software without undue experimentation. (n) "Specifications" means the functional, performance, operational, compatibility, and other specifications or characteristics of the System described in this Agreement, the Statement of Work, the applicable Documentation and such other specifications or characteristics of the System agreed upon in writing by the patties. (o) "Statement of Work" means the schedule for delivery, implementation and testing of the System and the perfonnance of the Services, attached hereto as Schedule 1.2( o ). (p) "System" means the Equipment, integrated with the Vendor Software and Third Party Software, to meet the Specifications . (q) "Third Patty Software" means the software described on Schedule 1.2(q) hereto and designated as "Third Patty Software". (r) "Vendor Software" means the computer programs, in object code fom1, provided or to be provided by Vendor pursuant to this Agreement, and specifically set out in Schedule 1.2(r) and designated as "Vendor Software", to this Agreement. The definition of Vendor Software also includes any Conections, Improvements, Updates, releases, or other changes to Vendor Software which are provided or to be provided as part of Vendor's perfonnance of watTanty Service obligations or pre-paid supp01t Services pursuant to this Agreement. (s) "Wananty Period" means a period of one (I) year from the Acceptance Date, as indicated by the date of execution of the Cettificate of Completion by both Patties. ARTICLE 11. SCOPE OF WORK 2.1 Scope of Work. Vendor shall supp ly the System, Documentation and Services, all in accordance with the te1111S of this Agreement and the Specifications, within th e time frames specified in the Statement of Work . 2.2 Acceptance Testing. Following installation of the System by Vendor at the Site, Vendor shall conduct the Acceptance Tests in order to confirm that the System, as assembled and installed at the Site, satisfies the Acceptance Test Specifications in all material respects . Vendor shall give City notice of the Acceptance Tests at least ten (10) days before such tests are scheduled to commence, and City may pe1111it any City personnel to observe the Acceptance Tests and verify the results thereof. If, in the discretion of City, the System does not meet the requirements of the Acceptance Test Specifications, the city will provide Vendor with written notification of the areas of non-compliance ("Notification of Non-Compliance"), and provid e the Vendor the opportunity to improve, repair, or replace the System so that the same meets the Acceptance Test Specifications in all material respects, all at no additional expense to the City. The Vendor shall promptly (within 5 business days) respond to the Notification of Non-Compliance with a written change response describing the con-ections to be made to the System to remedy the areas of non-compliance . Upon such corrections, Vendor shall re-install the System and conduct Acceptance Testing as defined in this Section . If Vendor is unable to cotTect the System after reasonable opportunity, the City will return the System to the Vendor at Vendor's expense and without liability to the City, and any amounts paid by City for the System shall be promptly refunded by Vendor to City. Upon satisfactory completion of the Acceptance Tests, Vendor and City shall execute a Ce1tificate of Completion. 2.3 Acceptance. City shall be deemed to have accepted the System only upon City's execution and delivery of the Certificate of Completion . Acceptance of the System does not waive any wa1Tanty or other rights provided in this Agreement for the System or Services. 2.4 Inspection. Payment for any pa1t or pa1ts of the System provided hereunder, or inspection or testing thereof by City, shall not constitute acceptance or relieve Vendor of its obligations under this Agreement. City may inspect the components of the System when delivered and reject upon notification to Vendor any and all the System which does not confo1111 to the Specifications or other requirements of this Agreement. Components of the System which are rejected shall be promptly corrected, repaired, or replaced by Vendor in accordance with Vendor's wa1Tanty obligations under A1ticle VIII, such that the System conforms to the Specifications and the other requirements of this Agreement. If City receives components of the System with defects or non-confom1ities not reasonably apparent on inspection, then City reserves the right to require prompt coJTection, repair, or replacement by Vendor in accordance with Vendor's wa1Tanty obligations under Article VIII following the discove1y of such defect or nonconfo1111ity . 2.5 City Obligations. Except as expressly set forth in this Agreement, Vendor s hall not ass ume or plan that a ny significant level of resources from City shall be dedicated to any of th e activities to be perfonned und e r this Agreement. City, a t its expense, agrees to pre p a r e the Si te in accordance wi th th e a ppli cable Site Support R e quirements . Vendor agrees to provid e to C it y, a t no additional c h a rge, reasonable consultation and ass istance regarding Site plannin g and prepara ti o n as may be n ecessa1y to e nable City to pre pare the Site as specified in the Site Support R e quire m e nts . An authorized Vendor site preparation engi neer will remotely review the prerequisites for the ite prior to delivery and in stallation of the System at the Site, in orde r to con!inn th a t the Site has been prepared by ity in accordance with the Site Suppo1t Req uir e m e nts. If Vendor's site preparation engineer finds that the Site has not been so prepared , Vendor wi ll n o tify City in writing in what res p ects the Site fails to confo1111 to the Site Suppo1i Requirements. ity will promptly c01Tect any non-confo1111ity . Vendor shall be responsible for a ll cos ts and ex p e n ses attributable to alterations or modifications to the Site necessitated by 4 ,: incomplete or e1Toneous Site Support Requirements or advice provided to City by Vendor, unless such advice was reasonable and appropriate at the time it was given. 2.6 Problems. Vendor agrees to notify City promptly of any factor, occunence, or event coming to its attention that may affect Vendor's ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. 2. 7 Time of Performance. Time is expressly made of the essence with respect to each and every tem1 and provision of this Agreement. 2.8 Performance Bond. A perfo1mance bond, in a fom1 and issued by a surety acceptable to City, in the amount of 100% of the contract price is a requirement of this Agreement. ARTICLE III. EQUIPMENT 3.1 Shipment of Equipment. Vendor shall ship the Equipment in such manner so as to assure the delivery of the Equipment to the Site on or before the delivery date specified in the Statement of Work (the "Delive1y Date"). Upon notice to Vendor delivered at least ten (10) days prior to the Delive1y Date, City may delay the shipment of the Equipment for a period of up to ninety (90) days. In the event City so notifies Vendor, the Equipment shall be stored by Vendor until City designates a new Delive1y Date. The Equipment shall be shipped by Vendor Carriage and Insurance Paid (CIP under INCOTERMS 2000) so that the Equipment will be delivered by the Delive1y Date to the Site. For the purposes of this Agreement, delivery of the System shall be deemed to have occmi-ed when the last of the hardware components of the System (provided such components conform to the Specifications and requirements of this Agreement) has been delivered to the Site as evidenced by a bill of lading signed by the canier ("Delivery"); provided that Delivery shall not have occtmed if any Equipment not delivered delays the installation and safe operation of the System. Except as othe1wise specifically agreed upon by City in writing, City shall not be required to accept early shipment of any Equipment if such shipment would re s ult in d e livery of any p01tion of such Equipment earlier than ten (10) days prior to the Delivery Date for such Equipme nt. 3.2 Risk of Loss. Vendor shall retain all risk of Joss or damage to the Equipment until the Equipment is delivered to the Site. Risk of loss or damage to the Equipment shall pass to and vest in City upon a1Tival of the Equipment at the Site. City shall be responsible for all risk of physi c al loss or damage to the System ( except loss or damage due to the fault or negligence of Vendor), following delivery of the System to a sec ure location pro vided by City at the Site . 3.3 Passage of Title. Title to the Equ ipment sha ll vest in City on the Acceptan ce Date, and Vendor s hall promptly execute and deliver to City written documentation which shall be effec ti ve to co nfirm in ity good and marketable title to the Equipment being purc h ased, free and clear of all obligations, mortgages, liens, pledges, custodianship, security interests , or any other encumbrances, claims, or charges of any kind whatsoever. ARTICLE IV. VENDOR SOFTWARE 4.1 Grant of License. (a) Vendor grants City and City has a nonexclusive, in-evocable, fully paid, royalty-free, perpetual license to use, execute, store, reproduce, modify, create derivative works of, publicly perform and publicly display, by all means now known or later developed, the Vendor Software, in accordance with the terms and conditions of this Agreement, on behalf of City (a "License"), in connection with City's use of the System. City may relocate the Vendor Software onto any hardware or equipment which City may at any time acquire to replace or upgrade the Equipment. The foregoing License pem1its City to create, and to engage third pa1ties to create on City's behalf, derivative works of the Vendor Software as may be necessary to modify, maintain, suppmt and update the Vendor Software. (b) City may make two (2) archival copies of the Vendor Software, plus as many copies of both the client and server components of the Vendor Software as are necessary and proper under the nonnal back-up procedures which are utilized by City. (c) Any License granted under this Agreement pe1mits City to concmTently (1) use the Vendor Software in a production environment and performing disaster recove1y, disaster testing, and backup as City deems necessa1y, (2) use the Vendor Software in a test environment and (3) use , copy and modify Documentation for the purpose of creating and using training materials relating to the System and the Vendor Software. Access to and use of the System and the Vendor Software by independent contractors of City shall be considered authorized use under this A1ticle IV. (d) Vendor shall provide to City a complete set of the standard file transfer interfaces and database fonnats for the Vendor Software, and City shall have a license to use s uch materials for purposes of developing interfaces to other City database and co mputer systems, as well as to any third pa1ty software that may be li ce nsed by City. 4.2 Ownership of Vendor Software and Modifications. The Vendor Software shall be and remain the property of Vendor or third parties which have granted Vendor the right to license the Vendor Software and City shall have no rights or interests therein except as set forth in thi Agreement. City shall be entitled to modify the Vendor Software and to develop software derivative of or interfacing with th e Vendor Software . All modifications of and software lcrivative of th e Vendor Software developed by City sha ll be and remain the prope1ty of City, and V cndor shall have no rights or interests th erein. 4.3 Proprietary Markings. City shall not remove or destroy any proprietary markin gs or proprietary legends placed upon or contained within the Vendor Software. 6 ( 4.4 Duplication of Documentation. City may duplicate Documentation, at no additional charge, for City's use so long as all required proprietary markings are retained on all duplicated copies. 4.5 Non-Disclosure. During the term of a License, except as may be required by the Colorado Open Records Act, CRS Section 24-72-101 et. seq ., City will treat the Vendor Software and Documentation as the confidential and proprietary info1111ation of Vendor. The pa11ies agree that this Agreement and any attachments hereto, are public records and are subject to disclosure . The foregoing provisions shall not apply to Vendor Software or Documentation, or any portion thereof, which is (1) already known by City without an obligation of confidentiality, (2) publicly known or becomes publicly known through no unauthorized act of City, (3) rightfully received from a third pa1fy without obligation of confidentiality, ( 4) disclosed without similar restrictions by Vendor to a third pa1ty, (5) approved by Vendor for disclosure, or (6) required to be disclosed pursuant to a requirement of a governmental agency or law. It will not be a violation of this Section if City provides access to and the use of the Vendor Software to independent contractors providing services to City so long as City secures execution by such third parties of a confidentiality agreement as would nonnally be required by City. 4.6 Provision of Source Code. City's ability to utilize adequately Vendor Software will be seriously jeopardized if Vendor fails to maintain or support such Vendor Software unless complete Source Code for the Vendor Software and related Documentation is made available to City for City's use in satisfying City's maintenance and suppo1t requirements. Therefore, Vendor agrees that if an "Event of Default" occurs, then Vendor shall promptly provide to City one copy of the most cmTent version of the Source Code for the affected Vendor Software and associated Documentation in accordance with the following: (a) An Event of Default shall be deemed to have occurred if Vendor: (1) ceases to market or make available maintenance or suppo11 Services for the Vendor Software during a pe1iod in which City is entitled to receive or to purchase, or is receiving or purchasing, such maintenance and suppo1t and Vendor has not promptly cured such failure despite City's demand that Vendor make available or perform such maintenance and suppo1t, (2) becomes insolvent, executes an assignment for the benefit of creditors, or becomes subject to bankrnptcy or receivership proceedings, (3) ceases business opera tions generally or (4) has transfened all or substantially all of its assets or obli gations set fo11h in this Agreement to a third party which has not assumed all of the obligations of Vendor set forth in this Agreement. (b) Vendor will promptly and continuously update and supplement the Source Code as necessary with all Coll'ections, Improvements , Updates, releases, or other changes developed for the Vendor Software and Documentation. Such Source Code shall be in a f01111 s uit able for reproduction and use by computer and photocopy equipment, and shall consist of a full source langua ge statement of the program or programs comprising the Vendor Software and co mplete program maintenance Documentation which comprise the pre-coding detail design spec ification s, and all other material necessary to allow a reasonably skilled programmer or ana lys t to maintain and enhance the Vendor Software without the assistance of Vendor or referen ce to any o th er materials . (c) The governing License for the Vendor Software includes the right to use Source Code received under this Section as necessa1y to modify, maintain, and update the Vendor Software. (d) Upon request by City, Vendor will deposit in escrow with an escrow agent acceptable to City and pursuant to a mutually acceptable escrow agreement supplemental to this Agreement, a copy of the Source Code which conesponds to the most cunent version of the Vendor Software in use by City. City shall pay all fees of the escrow agent for services provided. If Vendor cunently maintains or enters into an escrow agreement for the Source Code for the Vendor Software for the benefit of other customers of Vendor, then Vendor shall provide to City a cunent copy of such escrow agreement within ten (10) days of City's request and if such existing escrow agreement is acceptable to City, Vendor shall include City as a third pa1ty beneficiary of such escrow agreement at no charge to City. In such case, the existing escrow agreement shall be considered a supplemental agreement to this Agreement. If such existing escrow agreement is not acceptable to City, and City and Vendor elect not to enter into a separate escrow agreement, City and Vendor shall enter into an amendment to such existing escrow agreement which provides mutually acceptable tem1s and conditions; at a minimum, such tenns and conditions shall allow City to conduct an audit of, or shall require that the escrow agent conduct an audit of, the copy of Source Code in escrow to ensure that such copy meets the requirements established in this Section. Vendor's enhy into, or failure to enter into, an agreement with an escrow agent or to deposit the described materials in escrow shall not relieve Vendor of its obligations to City described in this Section . (e) If, as a result of an Event of Default, Vendor fails to provide required suppo1t Services, then any pe1iodic license fee which City is required to pay under this Agreement for Vendor Software shall be reduced to reflect such lack of support Services. At such time as Vendor commences offering the support Services described in this Agreement for Vendor Software, City may obtain such suppo1t Services as provided for elsewhere in this Agreement. 4.7 Rights in Bankruptcy. Vendor acknowledges that the grant of license is made, and the Agreement is ent ered into, in contemplation of the applicability of §365(11) of the U .S. Bankruptcy Code. ARTICLE V. THIRD PARTY SOFTWARE AND EQUIPMENT 5.1 Procurement of Third Party Software. In consideration of the payment of the Contract Price, Vendor shall procure, on City's behalf, the Third Patty Software, pursua nt to and in accordance with the li cense and maintenance agreements attached hereto as Schedule 5.1. ity shall execute and deliver the license and maintenance agreements for the Third Pa11y Software . City shall comply with the tenns and conditions of such agreements, provided that Vendor may serve as City's agent for purposes of obtaining and implementing the items and services contemplated by such agreements . 8 > .. 5.2 Third Party Warranties and Guarantees. Vendor shall obtain from all suppliers of the Equipment and the Third Party Software, all standard guarantees and warranties normally provided on all machinery, equipment, services, materials, supplies and other items used in connection with the perfom1ance of the Services, including all such machinery, equipment, materials and other items which are incorporated into the System. Vendor shall obtain from each such supplier guarantees and warranties which are assignable to City and which cover the Warranty Period and shall, upon request of City, obtain an option for City to purchase a guarantee or warranty from such suppliers covering a longer pe1iod than the Warranty Period if commercially available at City's expense. Vendor shall enforce all guarantees and waITanties until such time as such guarantees or wa1rnnties expire or are, if applicable, transfe1Ted to City as contemplated by this Section 5.2. Such guarantees and warranties shall, to the extent they have been made assignable, be transferred to City upon expiration or termination of this Agreement. Such guarantees and warranties shall, to the extent they have been extended, be transfened to City upon the earlier to occur of (1) the expiration of the Warranty Period, and (2) termination of this Agreement. Vendor shall, to the extent that a warranty or guaranty has been extended or made assignable to City pursuant to this Section 5.2, deliver to City copies of all such guarantees and warranties and relevant extracts from all related technical specifications. Nothing in this Section 5 .2 shall derogate from the obligations of Vendor to provide the guarantees and waITanties described in, and to comply with the provisions of, Article VIII. ARTICLE VI. ALTERATIONS AND CANCELLATION 6.1 Alterations and Changes. Changes and alterations in the plans or quantities, or details of installation of the System may be necessary or desirable during the course of performance under this Agreement. City reserves the right, without impairing Vendor, to require additional Services, to omit, cancel or eliminate Agreement items, to alter details of installation, and to make other changes and alterations as necessary or desirable, in City's judgment, to satisfactorily complete the project contemplated by this Agreement. Vendor shall perform such changed, additional, increased, decreased, varied or altered Services as pa11 of the Services to be performed under this Agreement upon written notice to that effect from City, and perfonnance thereof shall not invalidate this Agreement. If the character of the Services or the unit costs thereof are changed as a result of a change request by City, compensation for such Services will be made on such basis as may have been agreed to in wiiting in advance of the perfomrnnce of s uch additional or revised Services, or in the case no such agreement have been made, a fair and eq uitable allowance shall be made with respect to compensation due Vendor. Except as may be otherwise provided in this Agreement , no payment for extras will be made unless such extras and the compensation to be paid therefor have been authorized in writing by the City Project Manager. ARTICLE VII. SERVICES 7.1 Data Conversion. Within the time frames established in the Statement of Work, Vendor s hall provide the data conversion assistance described in the Statement of Work. 9 7.2 Education Services. Within the time frames set fo1th in the Statement of Work, Vendor shall provide the end user and systems administrator training in accordance with the provisions set forth the Statement of Work. 7.3 Interface Development. Within the time frames set forth in the Statement of Work, Vendor shall develop and install the software interfaces set forth in the Statement of Work. 7.4 Development Services. All development Services to be provided by Vendor pursuant to this Agreement shall be subject to the tem1s and conditions set faith in Schedule 7.4. 7.5 Support Services. The suppott Services set forth below for the System shall be provided by Vendor to City duting the WaiTanty Period at no charge to City. Thereafter, such suppo1t Services shall be provided by Vendor, upon City's request, for either a fixed or open- ended term, at the applicable Charges set forth in the Statement of Work. Vendor agrees to provide support services for the Vendor Software for a period of not Jess than four ( 4) years from the expiration of the Warranty Period. City t.rny discontinue such support Services at any time by providing thirty (30) days' advance written notice to Vendor. If such suppo1t Services were provided by Vendor for an open-ended tenn, City shall promptly receive a refund of pre-paid suppo1t Charges which reflects the amount for discontinued suppo1t Services after the effective date of the notice. (a) Maintenance for the Equipment shall be provided by Vendor in accordance with the provision set f01th in Schedule 7 .S(a) to this Agreement. (b) Vendor shall promptly notify City of any Defects in the System or Documentation which cause it to deviate from the Specifications of which Vendor becomes aware from any source and shall promptly provide to City modified versions of Vendor Software or Documentation which incorporate corrections of any Defects ("Corrections"). Vendor shall also provide to City all operational and support assistance necessary to cause Vendor Software to perfom1 in accordance with its Specifications and remedial supp011 designed to provide a by-pass or temporary fix to a Defect as provided in Schedule 7.S(b). (c) Vendor shall provide to City all upgrades, modifications, improvements, e nhancements , extensions, and other changes to Vendor Software developed by Vendor ("Improvements") and all updates to the Vendor Software necessary to cause the Vendor Software to operate under new versions or releases of the Vendor Software 's cu1Tent operating system(s) ("Updates") which are generally made available to other customers of Vendor as part of Vendor's sta ndard maintenance program. (d) Vendor sha ll provide to Ci ty any revisions to the existing Documentation dev eloped for the System a nd the Vendor Software or necessary to reflect all Co ffe ctions, Improv emen ts, or Updates. 7.6 Time and Material Services. 10 ( (a) City may issue to Vendor written purchase orders identifying additional Services City desires to obtain from Vendor. Each purchase order may include other terms and conditions applicable to the Services ordered; such other tem1s shall be consistent with the te1ms and conditions of this Agreement, or shall be necessary to place a purchase order, such as: (1) a price and milestone payment schedule, (2) a project perfom1ance schedule, including the appropriate work steps and phases, (3) specifications or characteristics of the developed products or Services to be performed, and ( 4) functional and detailed design specifications, and (5) acceptance criteria for the deliverables. (b) Vendor shall promptly accept purchase orders by providing to City a written or an oral acceptance of such purchase order, or by commencing performance pursuant to such purchase order. Vendor shall accept purchase orders which do not establish new or conflicting tem1s and conditions from those set fo1th in this Agreement. Vendor shall also accept purchase orders incorporating tem1s and conditions which have been separately agreed upon in writing by the patties. (c) Vendor may reject a purchase order for Services or any alteration to a purchase order for Services which increases the Services required or advances the delivery date for said Services provided a Statement of Work has not previously been agreed to by the parties. (d) Vendor may reject a purchase order which does not meet the conditions described in subsection (b) or (c) a b0 ve by promptly providing to City a written explanation of the reasons for such rejectio1, V i.:nd 0 . .,; all accept an alteration to the originally issued purchase order if such alteration remedies the items set forth in Vendor's written rejection. (e) City may issue an alteration to a purchase order in order to, without limitation, (I) change a location for delivery, (2) modify the quantity or type of Services to be delivered or perfom1ed, (3) implement any change or modification as required by or pen11itted in this Agreement, or ( 4) conect typographical or clerical e11'ors . 7. 7 Services in General. In connection with the perfom1ance of any Servi ces pursuant to this Agreement: (a) Unless a s pecific number of Employees is set fotth in the governing purchase order, Vendor wanants it will provide sufficient Employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in a purchase order. Furthermore, Vendor shall, at its expense, supply all tools, equipment and oth er materials necessary to perfom1 the Services contemplated in this Agreement. (b) Vendor wanants that Empl oyees sha ll ha ve s uffi cient skill , knowledge, a nd training to perfo1111 Services and that the Services shall be perfonned in a professional and workmanlik e manner. I I (c) Employees perfo1111ing Services in the United States must be United States citizens or lawfully admitted in the United States for pem1anent residence or lawfully admitted in the United States holding a visa authorizing the perfom1ance of Services on behalf of Vendor. Vendor shall not discriminate .against any Employee, applicant for employment, or any member of the public because of race, color, religion, sex, national origin or any other class protected by federal, state or local employment discrimination Jaws. Vendor shall adhere to affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their race, color, religion, sex, national origin or any other class protected by federal, state or local employment discrimination laws. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, adve11ising, layoff or tem1ination, rates of pay or other forms of compensation and selection for training, including apprenticeship. (d) Vendor wa1Tants that all Employees utilized by Vendor in perfonning Services are under a written obligation to Vendor requiring the Employee to maintain the confidentiality of information of City. (e) Vendor shall require Employees providing Services at a City location to comply with applicable City security and safety regulations and policies. City may require each Employee providing Services to undergo a background investigation , including, but not limited to a criminal records and fingerprint check. Vendor shall promptly replace any Employee found to be unacceptable to City, in its discretion, on the basis of the results of a background investigation. (f) Vendor shall provide for and pay the compensation of Employees and shall pay all taxes, contributions, and benefits (such as, but not limited to, workers' compensation benefits) which an employer is required to pay relating to the employment of employees. City shall not be liable to Vendor or to any Employee for Vendor's failure to perfom1 its compensation, benefit, or tax obligations . Vendor shall indemnify, defend and hold City ha1111less from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessa1y repo11s and retums. (g) During the course of perfom1ance of Services, City may, for any reason , request replacement of an Employee or a proposed Employee. In such event, Vendor shall, within five (5) working days of receipt of such request from City, provide a substitute Employee of sufficient skill, knowledge, and training to perfo1111 the applicable Services. If, within the first thirty (30) days after an Employee's commencement of Services, City notifies Vendor (1) such Employee's level of performance is unacceptable, (2) such Employee has failed to perfonn as required, or (3) such Emp loyee, in City's sole opinion, lacks the skill, knowledge or training to perfo1111 at the required level , then City shall not be required to pay for Services provided by such Employee during such period and Vendor shall refund to City all amounts paid fo r such mployee 's Services. If City requests replacement of an Employee for the above-referenced reaso ns after such thirt y (30) day time period, or at any time for a reason other than the reasons indicated above, City shall not be required to pay for, and shall be entit led to a refund of, any 12 sums paid to Vendor for such Employee 's Services after the date of City's requested replacement of such Employee . (h) Vendor shall establish and shall retain, for a pedod of three (3) years following the perfom1ance of time and materials Services, records which adequately substantiate the applicability and accuracy of Charges for such Services and related expenses to City. Upon receipt of reasonable advance notice from City, Vendor shall produce such records for audit by City. (i) Vendor and City each agree to appoint a qualified staff member or members, at no additional charge, to function as overall Project Manager(s). The Vendor Project Manager and the City Project Manager will act as the principal points of interface between the Parties. 7.8 Permits. Vendor shall at its own expense secure any and all licenses, pem1its or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Vendor shall also comply with the provisions of all Applicable Laws in perfonning the Services under the Agreement. At its own expense and at no cost to City, Vendor shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Vendor failed to comply with at the time of performance of the Services . 7.9 Audit Rights. Vendor shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are perfom1ed for the purposes of performing audits or inspections of Vendor's operations and compliance with this Agreement. Vendor shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other customer of Vendor are not impacted adversely . ARTICLE VIII. WARRANTIES, INDEMNITIES, AND LIABILITIES 8.1 Warranty. Vendor represents and wanants that: (a) Vendor has full right and auth ority to perfonn its obligations under this Agreement. (b) Neither Vendor nor any director, employee or agent of Vendor or its s ubcontractors or vendors shall, without prior written notification thereof to City, enter into any business re lationship with any employee or agent of City unless such person is acting for and on b ehalf of City. (c) The Equipment, at the Acceptance Date, will be new and free from Defects in material and workmanship 13 (d) City shall obtain good and marketable title to the Equipment, free from any lien or encumbrance. (e) City shall be entitled to use the System without disturbance . (f) No po1tion of the Vendor Software contains, at the time of delive1y, any "back door," "time bomb," "Trojan horse," "wom1," "drop dead device," "vims," or other computer software routines or hardware components designed to (1) pe1mit access or use of either the System or City's computer systems by Vendor or a third pa1ty not authorized by this Agreement, (2) disable, damage or erase the System or data, or (3) perform any other such actions. (g) The System and the design thereof shall not contain preprogrammed preventative routines or similar devices which prevent City from exercising the rights set forth in this Agreement or from utilizing the System for the purposes for which it was designed. (h) The Vendor Software shall, during the WaITanty Period, function properly under ordinary use and operate in confo1mance with the Specifications. (i) Based on Vendor's studies of City's existing systems which are to be replaced by the System, and the demonstrations, conversations, and conespondence, Vendor has gained a good understanding of City's requirements pe1taining to a web voice response web- application system. Based on this in-depth understanding and combining it with Vendor's knowledge and experience with other municipal organizations, Vendor wanants that the proposed system has been sized to meet City's ctment needs and accommodate growth in the near future. (j) The Vendor Software does not infringe on any intellectual property rights of any third party . (k) The System shall remain at all times in compliance with Vendor's statement regarding compliance with the Payment Card Industry Data Security Standards as described in Exhibit B to this Agreement. Durin g the Warranty Period , Vendor will provide warranty Service to City at no additional cos t and will include all Services or replacement products or product media necessa1y to enable Vendor to comply with the wananties set forth in this Agreement. Vendor shall pass through to City any manufacturers' warranties which Vendor receives on the System and, at ity's request, Vendor s hall enforce such warranties on City's behalf. 8.2 Proprietary Rights Indemnification. Vendor represents and wa1i-ants that (1) no element of the System and/or methodology provided under this Agreement is the subject of any litigation ("Litigation"), and (2) Vendor has all right, title, ownership interest, and/or marketing rights necessary to provide the System and/or methodology to City and that each Li en se, the System and/or methodology, and their sale, license, and use hereunder do not and 14 - l < shall not directly or indirectly violate or infringe upon any copyright, patent, trade secret, or other proprietary or intellectual prope11y right of any third party or contribute to such v iolation or infringement ("Infringement"). Vendor shall indemnify and hold City and all end users and their respective successors , officers , employees , and agents ham1less from and against any and all actions, claims , losses, damages , liabilities , awards, costs, and expenses (including legal fees) resulting from or arising out of any Litigation, any breach or claimed breach of the foregoing wan-anties, or which is based on a claim of an Infringement and Vendor shall defend and settle , at its expense, all suits or proceedings arising therefrom . City shall inform Vendor of any such suit or proceeding against City and shall have the right to pa11icipate in the defense of any such suit or proceeding at its expense and through counsel of its choosing. Vendor shall notify City of any actions, claims, or suits against Vendor based on an alleged Infringement of any Pa11y 's intellectual property rights in and to the System and/or methodology. In the event an injunction is sought or obtained against use of the System and/or methodology or in City 's opinion is lik ely to be sought or obtained, Vendor shall promptly, at its option and expense, either (i) procure for City its end users the 1ight to continue to use the infringing portion(s) of the System and/or methodology as set fo11h in this Agreement, or (ii) replace or modify the infringing po11ions of the System and/or methodology to make its use non-infringing while being capable of perfonning the same function without degradation of performance . 8.3 Indemnification. In the ev ent any act or omission of Vendor or its employees, servants, agents , or representatives cau ses or results in (1) damage to or destruction of prope11Y of City or third pa11ies , and /or (2) death or injury to persons in c luding, but not limited to , employees or invitees of City, th en Vendor shall indemnify , defend , and hold City, its agents and e mployees ham1less from and against any and all claims , actions, damages, demands , liabilities, costs, and expenses , including reasonable attorneys' fees and expenses, resulting therefrom. Vendor shall pay or reimburse City promptly for any such damage or destruction . 8.4 Governmental Immunity. City, its officers , and its employees , are r elying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any oth er ri ghts , immunities, and protections provided by the Colorado Governmenta l Immunity A ct, C.R .S . 24-10-101 et seq ., as from time to tim e amended , or oth erwi se ava il abl e to C it y, it s o ffi ce rs, or its employe es . 8.5 In s uran ce. Vendor shall , at Vendor 's so le ex p ense, mai ntain th e fo ll owi ng insura nce: (a) Commercial General Liability Insurance including contractual coverage: The l im its of th is insurance for bodily injury an d prope11y da m age co mbined shall be at leas t : Each Occurrence Limit General Aggregate Limit System-Comp leted Operations Limi t Personal and Advertising Inj ury Li m it IS $1,000,000 $2,000,000 $1,000,000 $1,000,000 (b) Business Automobile Liability Insurance: Should the perfom1ance of this Agreement involve the use of automobiles, Vendor shall provide comprehensive automobile insurance covering the ownership, operation and maintenance of all owned, non-owned and hired motor vehicles. Vendor shall maintain limits of at least $2,000,000 per occuITence for bodily injury and property damage combined. (c) Workers ' Compensation Insurance: Such insurance shall provide coverage in amounts not less than the statutory requirements in the state where the work is perfo1med, even if such coverage is elective in that state. ( d) Employers Liability Insurance: Such insurance shall provide limits of not less than $500,000 per occmTence. (e) Professional Liability/ElTOrs and Omissions Insurance covering acts, enors and omissions arising out of Vendor's operations or Services in an amount not less than $2,000,000 per occmTence The insurance specified in (a) and (b) above shall: (1) name City, its officers, employees and agents as additional insureds, and, (2) provide that such insurance is primary coverage with respect to all insureds and additional insureds. The above insurance coverages may be obtained through any combination of primary and excess or umbrella liability insurance. City may require higher limits or other types of insurance coverage(s) as necessary and appropriate. Vendor shall provide at City's request certificates evidencing the coverages, limits and provisions specified above on or before the execution of the Agreement and thereafter upon the renewal of any of the policies. Vendor shall require all insurers to provide City with a thirty (30) day advanced written notice of any cancellation, non-renewal or material change in any of the policies maintained in accordance with this Agreement. 8.6 Survival of Article VIII. The provisions of this Article VlII shall survive the term or te1111ination of this Agreement for any reason. ARTICLE IX. PAYMENTS TO VENDOR 9.1 Contract Price. The total price for the purchase of the System, including but not limited to the purchase of the Equipment, the license of the Vendor Software and the Third Party Software, and the provision of the Documentation and Services ( exclusive of periodic maintenance and support Service payments and other time and material Service payments which arc to be made in consideration of the perfonnance of maintenance and suppo11 and time and material Services) is a fixed price of One Hundred Two Thousand and no/100 Dollars ($102 ,000 .00) (the " ontract Price"). Charges, prices, and fees ("Charges") a nd discounts, if an y, for maintenance and suppo11 Services and time and material Services are as set fo1th in the tatement of Work, in a purchase order, or as otherwise agreed upon by the pa1ties, unless 16 modified as set fo1th in this Agreement. Upon City's request, Vendor shall provide to City copies of records which substantiate that City has received the Charges and discounts to which City is entitled to under this Agreement. Except as expressly provided in this Agreement, Vendor and City shall each bear all of its own expenses arising from performance of its obligations under this Agreement, including (without limitation) expenses relating to personnel, facilities, utilities, Equipment, supplies, clerical and the like. 9.2 Payment; Invoicing. (a) City shall make payments of the Contract Price to Vendor in the amounts and at the times specified in Schedule 9.2 . With respect to all other payments which are due from City to Vendor hereunder, any undisputed sum due to Vendor pursuant to this Agreement shall be payable within thirty (30) days after receipt by City of a correct invoice therefor from Vendor. Periodic payments, if any, due to Vendor pursuant to this Agreement shall be invoiced at the beginning of the period to which they apply. Payment for any other Services shall be invoiced as agreed upon by the parties or, in the absence of an agreement, upon completion of such Services . (b) A "conect" invoice shall contain (I) Vendor's name and invoice date, (2) the specific purchase order number if applicable, (3) description including serial number as applicable, price, and quantity of the Services actually delivered or rendered, (4) credits (if applicable), (5) name (where applicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent, and (6) other substantiating documentation or infom1ation as may reasonably be required by City from time to time. A correct invoice must be submitted to the appropriate invoice address listed on the applicable purchase order. 9.3 Taxes. (a) City is not subject to taxation . No federal or other taxes (excise, luxmy, transp01tation, sales, etc .) shall be included in quoted prices. City shall not be obligated to pay or reimburse Vendor for any taxes attributable to the sale of any System or Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Vendor. (b) Upon written notification by City and subsequent verification by Vendor, Vendor shall reimburse or credit, as applicable, City in a timely manner, for any and all ta xes erron eo usly paid by City. ( c) City shall provide Vendor with, and Vendor shall accept in good faith, resale , direct pay, or other exemption ce1tificates, as applicable. 9.4 Modifications to Charges. Where a change in an es tabli shed Charge for any of th e Services is provided for in this Agreement, Vendor shall give to City at least ninety (90) days' prior written noti ce of such change. 17 (a) Any increase in a Charge shall not occur during the first twelve (12) months of this Agreement, du1ing the tenn of the applicable purchase order or during the specified period for performance of Services , whichever period is longer. Thereafter, any increase in a Charge shall (1) not occur unless a minimum of twelve (12) months has elapsed since the effective date of the previously established Charge , and (2) not exceed five p ercent (5%) of such Charge . (b) All purchase orders issu ed by City prior to the end of the required notice period will be honored at the then cunent Charges so long as the scheduled delivery date of the Services is within ninety (90) days after the effective date of the increase. ARTICLE X. TERMINATION 10.1 Termination for Convenience. City may tem1inate this Agreement, or any part hereof, for its sole convenience by giving written notice of te1111ination to Vendor. Upon Vendor's receipt of such notice, Vendor shall, unless otherwise specified in the notice, immediately stop all work hereunder and, to the extent pem1itted under each applicable subcontract or agreement, give prompt written notice to suppliers and subcontractors to cease all related work. Vendor shall be paid the p1ice specified herein for all work perfom1ed hereunder a s of the date of City's tetmination notice including partially completed work, such payment to be made within thirty (30) business days after Vendor delivers such work to City, in its then cunent form, free and clear of all liens. Except for costs necessary to implement City's te1111ination directive, Vendor shall not be paid for any work done after receipt of such notice, for any costs incurred by Vendor's suppliers or subcontractors after receipt of City's termination notice, or for work which Vendor could reasonably have avoided. Notwithstanding the foregoing , in no event shall the aggregate changes to be paid by City under this Section exceed the unpaid p01tion of the contract price. l 0.2 Termination for Cause. Except as provided b elow by the Section of this Agreement titled "T ennination for Non-Payment," in the event that either Paity matetially or re peatedly defaults in the perfomrnnce of any of its duti es or obligations set fo11h in this Agreem ent, and s uch d efa ult is not s ub stantially cured w ithin thirty (30) days after written noti ce is given to the defaulting Pa1ty specifying the default, th en th e Pa1ty not in d efa ult may, by giving written noti ce thereof to the defaulting Party, tem1inate this Agreement or the applicable License relating to such default as of a date specified in such notice of te1111ination . 10.3 Termination for Insolvency or Bankruptcy. Ei th er Patty may immediately terminate this Agreement by givi ng w1itte n no ti ce to the other Party in the event of (1) the liquidation or inso lv ency of the other Patty, (2) the appoi ntment of a receiver or simi lar officer for th e other Party, (3) an assignment by the other Patty for the benefit of a ll or sub sta nti a ll y a ll of its cred itors, ( 4) entry by the other Party into an agreement for the compositio n , exte nsion, or readjustment of a ll or substantially a ll of its obl igations, or (5) the filing of a meritorious petition in bankruptcy by or against the other Party under any bankruptcy or debtors' law for its relief or reorganization. 18 10.4 Termination for Non-Payment. Vendor ma y te1mina te this A greement or a License granted hereunder if City fails to pay when due any undisputed amounts due and su ch failure continu e s for a period of si xty (60 ) da ys a fter the last day payment is due , so long as Vendor gives City written notice of the expiration date of the aforementioned si xty (6 0) day p eriod at least thirty (30 ) days prior to the expiration date . 10.5 Termination for Non-Appropriation. The patties understand and acknow l edge that each Party is subject to A1ticle X, § 20 of the Colorado Constitution ("TABOR"). The Parties do not intend to violate the tem1s and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of Customer are expre ssly dependent and conditioned upon the continuing availability of funds beyond the tetm of City's CutTent fiscal period ending upon the next succeeding December 31. Financial obligations of City payable after the cuJTent fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and othe1wise made available in accordance with the rules, regulations, and resolutions of City and other Applicable Law. Upon the failure to appropriate such funds , this Agreement shall be deemed tem1inated . 10.6 Termination of Vendor Software License. City may tem1inate any License for any reason by providing written notice to Vendor. If City elects to so tem1inate a License, City shall return to Vendor or, at City's option , destroy, all copies of the Vendor Software and Documentation in City 's possession which are the subject of the tem1inate d License , except as may be necessary for archival purposes . In such event, Vendor shall refund to City a prorated amount, calculated as of the date of tennination, of any prepaid charges for support Services for the Vendor Software . 10. 7 Rights Upon Termination. Unless specifically tem1inated as set forth in this A1ticle , all Licenses (and City 's right to use the V endor Software in accordance with such Licenses) and purchase ord ers whi ch require perfom1ance or extend beyond the term of this Agreement shall, at City's option, be so perfom1ed and extended and shall c ontinue to be subj ect to the tetms and conditions of th is Agreement. A RTICLE XI. MISCELLANEOU S 11.1 Binding N atur e, Ass ig nm e nt, and S ub c ontra ctin g . This Agreement shall be binding on the patties and th eir respective successors in interest and assigns, b ut Vendor shall not have the power to assign this Ag ree m ent or subco nt ract p erfo 1111ance of any Services wit hout the prior w ritte n co nsent of C ity . If V end or sub co ntrac ts or d elega tes any of its duti es or obli ga t io ns of perfo rmance in thi s Agree ment o r in a pu rc hase ord er to any th ird paity, Ve ndor sha ll re mai n fu ll y respo nsib le fo r co mpl ete p erfonn a nce of all of Vendor's ob liga t io n s set fo1th in this Agreement or in s uch p urc hase order and for any such th ird pa1ty's complia nce wi th the non- disclosure and co n fi dentia lit y provisio n s set forth in th is Agreement. 19 - 11.2 Counterparts. This Agreement may be executed in several counterpa1ts, all of which taken together shall constitute one single agreement between the parties. 11.3 Headings. The A1ticle and Section headings used in this Agreement are for reference and convenience only and shall not enter into the interpretation hereof. 11.4 Relationship of Parties. Vendor is perfonning pursuant to this Agreement only as an independent contractor. Vendor has the sole obligation to supervise, manage, contract, direct, procure, perfonn or cause to be performed its obligations set fo1th in this Agreement, except as othe1wise agreed upon by the pa,ties . Nothing set faith in this Agreement shall be constrned to create the relationship of p1incipal and agent between Vendor and City. Vendor shall not act or attempt to act or represent itself, directly or by implication, as an agent of City or its affiliates or in any manner assume or create, or attempt to assume or create, any obligation on behalf of, or in the name of, City. 11.5 Confidentiality. Vendor acknowledges that in the course of perfonnance of its obligations pursuant to this Agreement, Vendor may obtain confidential and/or proprietary inforn1ation of City or its residents or contractors. "Confidential Info1mation" includes: info1111ation relating to development plans , costs, finances, equipment configurations, data, access or security codes or procedures utilized or acquired; personnel infom1ation; resident inforn1ation; contractor info1111ation; any infom1ation designated as confidential in writing or identified as confidential at the time of disclosure if such disclosure is verbal or visual; and any copies of the prior categories or excerpts included in other materials created by Vendor. Vendor hereby agrees that all Confidential lnfom1ation communicated to it by City, its agents or employees, whether before or after the Effective Date, shall be and was received in strict confidence, shall be used only for purposes of this Agreement, and shall not be disclosed by Vendor, its agents or employees without the prior written consent of City. This provision shall not apply to Confidential lnfom1ation which is (I) already known by Vendor without an obligation of confidentiality, (2) publicly known or becomes publicly known through no unauthorized act of Vendor, (3) rightfully received from a third party (other than a City employee or agent) without obligation of confidentiality, ( 4) disclosed without similar restrictions by City to a third pa1ty, (5) approved by City for disclosure , or (6) required to be disclosed pursuant to a requirement of a governmental agency or law so long as Vendor provides City with timely prior written notice of such requirement. Except with respect to Vendor Software, which shall be governed by the Section of this Agreement titled "Non-Disclosure," informatio n received by City from Vendor shall only be considered proprieta1y and/or confidential after a separate agreement in the forn1 of Exhibit A, attached hereto, has been executed by a duly authoiized representative of each Pa1ty for the specific purpose of disclosing such information . The provisions of this Section shall survive the tem1 or te1111ination of this Agreement for any reason. 11.6 Media Releases. Except for any announcement intended so lely for internal distribution by Vendor or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Vendor, all media releases, public announcements, or public disclosures (including, but not limited to, promotional or marketing 20 ---~-~~~- material) by Vendor or its employees or agents relating to this Agreement or its subject matter, or including the name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Vendor shall not represent directly or indirectly that any Vendor Software or Service provided by Vendor to City has been approved or endorsed by City or include the name, trade mark, or symbol of City on a list of Vendor's customers without City's express written consent. 11.7 Labor. Vendor shall comply with any labor jurisdictions applicable to Vendor 's perfom1ance pursuant to this Agreement and shall cooperate with City in resolving any disputes resulting from any jurisdictional or labor claims or stoppages . Upon request by Vendor, City shall provide to Vendor clarification and guidelines regarding relationships with labor and Vendor's responsibilities with respect ther eto . 11.8 Notices; Project Managers. (a) Wherever one Party is required or permitted to give notice to the other pursuant to this Agreement, such notice shall be deemed given when de livered in hand , when mailed by registered or certified mail, return rec e ipt requested , postage prepaid, when sent by a third party courier service where receipt is verified by the receiving Party 's acknowledgment, or sent by facsimile (provided that any notice sent by facsimile shall be confirmed by written notice dispatched by mail or courier service as pro vided above within three (3) days following facsimile tran sm ittal), and address ed as follows : In the case of City: City of Englewood , Colorado Englewood Civic Center I 000 Englewood Parkw ay Englewood, Colorado 80110-2373 Fax : (303) 762-2395 Attn: Director of lnfom1ation Technolo g y w ith a copy to: Office of the City Attorney City of Englewood, Colorado I 000 E ngl ewo od Parkway E ng lewood , Col o ra do 801 10-2373 Fax : (303) 783-6892 Att n: C it y Atto rn ey 21 In the case of Vendor: Tele-Works, Inc. 1080 South Main Street Blacksburg, VA 24060 Fax: (540)951-4016 Attn: Elaine T. Vass Gal, Business Manager Either Party may from time to time change its address for notification purposes by giving the other Party written notice of the new address and the date upon which it will become effective; first class, postage prepaid, mail shall be acceptable for provision of change of address notices. (b) Project Managers shall be as follows : In the case of the City: Don Ingle, Director of IT In the case of Vendor: Brian Cross, CTO 11.9 Severability. If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both parties shall be relieved of all obligations arising under such provision , it being the intent and agreement of the parties that this Agreement shall be deemed amended by modifying such provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, another provision that is legal and enforceable and achieves the same objective shall be substituted. If the remainder of this Agreement is not affected by such declaration or finding and is capable of substantial perfom1ance, then the remainder shall be enforced to the extent pem1itted by law . 11.10 Waiver. Any waiver of this Agreement or of any covenant, condition, or agreement to be perfom1ed by a Pa11y under this Agreement shall ( 1) only be valid if the waiver is in w1iting and signed by an authorized representative of the Pa11y against which such waiver is sought to be enforced, and (2) apply only to the specific cove nant, condition or agreement to be perfom1ed, the specific instance or specific breach th ereo f and not to any other instance or breach thereof or subsequent instance or breach . 11.11 Remedies. All remedies set forth in this Agreement, or available by Jaw or equity s ha ll be c umulative and not alternative, and may be enforced concunently or from time to time. 11.12 Survival of Terms. Tennination or expiration of this Agreement for any reason shall not release either Pa1iy from any liabilities or obligations set fo11h in this Agreement which (I) the parties have expre sly agreed shall survive any such tem1ination or expiration, or (2) re main to be performed or by their nature would be intended to be applicable following any such te1111ination or expiration. 22 l 11.13 Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that this Agreement does not grant to Vendor an exclusive right to provide to City any or all of the Vendor Software and Services and shall not prevent City from developing or acquiring from other suppliers computer software programs or services similar to the Vendor Software and Services. Vendor agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions . Estimates or forecasts furnished by City to Vendor prior to or during the tem1 of this Agreement shall not constitute commitments. 11.14 GOVERNING LAW AND VENUE. THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL NOT BE GOVERNED BY THE PROVISIONS OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. RATHER THESE RIGHTS AND OBLIGATIONS SHALL BE GOVERNED BY THE LAWS, OTHER THAN CHOICE OF LAW RULES, OF THE ST ATE OF COLORADO. VENUE FOR ANY ACTION ARISING UNDER THIS AGREEMENT OR FOR ENFORCEMENT OF THIS AGREEMENT SHALL BE IN THE APPROPRIATE COURT FOR ARAPPAHOE COUNTY , COLO~DO. 11.15 Discrepancy and Omissions. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Vendor shall secure written instructions from City's project director before proceeding wi th the perfom1ance of the Services affected by such omissions or discrepancies. 11.16 Entire Agreement. This Agreement constitutes the entire and exclusive statement of the agreement between the parties with respect to its subject matter and there are no oral or written representations, understandings or agreements relating to this Agreement which are not fully expressed in the Agreement. This Agreement shall not be amended except by a written agreement signed by both parties. All exhibits, documents , and schedules referenced in this Agreement or attached to this Agreement, and each purchase order are an integral part of this Agreement. In the event of any conflict between the tem1s and conditions of this Agreement and any such ex hibits, documents , or schedules , the tem1s of this Agreement shall be controlling unless othe1wise stated or agreed. Any other tenns or conditions included in any shrink-wrap license agreements, quotes, invoices, acknowledgments , bills of ladin g, or other fom1s utili zed or exc hanged by the pai1ies shall not be incorporated in this Agreement or be binding upon the parties unl ess the pa11ies expressly agree in writing or unless otheiwise provided for in this Agreement. 23 - IN WITNESS WHEREOF, Vendor and City acknowledge that each of the provisions of this Agreement were expressly agreed to and have each caused this Agreement to be signed and delivered by its duly authorized officer or representative as of the Effective Date. DATED this ___ day of __________ , 2006. CITY OF ENGLEWOOD, COLORADO By: ______________ _ Title:---------------- ATIEST: City Clerk APPROVED AS TO FORM: City Attorney TELE-WORKS, INC. By: ______________ _ Title:---------------- 24 SCHEDULE l.2(i) LISTING OF EQUIPMENT eVision Platform Version 5 .5 12 Voice Ports (Analog Dialogic D/120JCT) 2 Fax Resources (Analog Dialogic D/l 20JCT) l TTY!fDD Port (For Hearing Impaired Citizens) -Intele Modem 25 D SCHEDULE 1.2(1) SITE SUPPORT REQUIREMENTS Below is a list of standard items that will needed prior to the scheduled installation and train ing date. The left side includes Tele-Works requirements . The restates these requirements as tasks for the City to either complete or provide information back to Tele-Works. This document has been adjusted to mirror the purchased items from the quote referenced in the filename and the page headers. Items in boldlredlitalics are necessary prior to scheduling the installation and training date. Installation starts first thing in the morning and typically is completed before noon/lunch. If time permits, training can occur prior to lunch, but can also occur in the early afternoon. Tele-Works Platform and Standard Software Requirements SERVER PHYSICAL LOCATION Delivery and Placement We will be shipping the server to : The City of Englewood C/0: Don Ingle Information Services Director 1000 Englewood Pkwy Englewood, CO 80110 Please let us know if the shipping address is correct and if our installer should report to another address on the day of the installation . The Tele-Works eVision platform should be arriving the week before the install so please secure a location for the new server to be rack mounted. Please ind icate in advance if slide ra ils are necessary. If you desire to have slide rails installed, please provide the exact distance between the front and rear mounting brackets on your rack. Along with the server we w ill be send ing two add itional sh ipm ents : One bo x th at conta ins a monitor; another bo x that con tains a key bo ard an d a mouse . (You can choose to use these peripherals or use your own v ia a KVM switch ; either way they are yours). Specific information regarding the hardware /software platform can be found here : http ://www tele- works .com/pdf/eV ision Platform Specificat ion .pdf Cance llation Poli cy eVision Tele -Works must receive written notice to cancel installation 30-days prior to the mutually schedu led insta ll at ion date to avoid add itional installation charges . 26 City of Englewood, CO Checklist Server Placement: Location selected for server: Rack #: -------Shipping Location (at right) Slide rail measurement sent to TW: ______ _ Use Peripherals from TW or Use KVM switch. Settings:------- PHONE/FAX/TTY LINES Physical Connections : Voice/Analog Configurations -12 Voice Ports Analog voice lines should be ready for the installation of your system . Please have an equal number of phone lines (corresponding to your order) with in a reachable cabling distance (15ft) from where your new system will be installed . The line cards that reside in the eVision Platform accept standard phone-l ine termination jacks. Fax/Digital/Soft-Fax Resource Configurations -2 Fax Resources Ordered Fax resources utilize either the analog or digital voice lines and connections to deliver fax documents. No lines are necessary for these fax resources . We provide a modem with the system for remote access through PCAnywhere . If this type of access is not allowed in your organization, you will be required to provide an alternative method of remote access . (See Remote Access detail at ri ght). TTY/TDD Analog Configurations -1 Ports Ordered Teletypewriter/Telephone Dev ice fo r the Deaf is available to service your hearing impa ired citizens . This requires a standard RJ11 single phone line for each TTY/TDD port purchased. For multi-line inbound TTY/TDD applications, these should be also configured in a hunt group . Recommended Hunt-Group/Rollover Configuration To h e lp supp011 inbound co mmunicat ion applications, a ll or part of yo ur v oi ce lines sho uld be in a hunt group wit h a lea d numb e r that yo u r citizens wi ll u se to access th e target service(s). Any number to be accessed by the public must be DID . Remaining lines pai1 of the hunt group can be vi11ual extensions . They should likewise be c onfigured to handle any outbound dialing requirements and flash -hook transfers to get call ers out to l ive customer service agents if applicable to yo ur applications . Plea se configure your phone lines to connect to our server accordingly. If you have further questions about the phone lines, contact us so everyth in g will go smoothly on the ins tallat ion date. 27 Phone/FAX/TTY Lines Analog Voice (RJ14 installed with in 15 ft . of server) D number: 12 D date ports ordered : D date ports installed : Remote Access D DID (Direct Inward Dial) available on one line Yes ; No PCAnywhere access #: VPN access information : Analog TTY/TTD (RJ11 installed with in 15 ft . of server) D number: 1 D date port ordered : D date port installed : Hunt Group Configuration (any number accessed by the public should be DID) D Voice hunt group set up main number: D TTY/TDD hunt group se t up m ain number: D All lines configured for outbound dialing and transfers Dialing properties : Transfer properties : NETWORKING & SEVICES Connection: Ethernet RJ45 LAN connection System Configuration: Your netwo rk administrator will be responsible for configuring the Windows 2003 Server to be a Web server accessible within your Intranet (e .g. IP settings, addresses, domain names, etc.). As a note : It is best to put the server on your existing network domain to create easy Intranet adm inistration access and file sharing capabilities that make managing fax documents easier. However, the server does not have to join the domain - simply another server on the domain . The network administrator will also be responsible for attaching any desired network printers and providing the installed system access to the Internet for the front-end services included below. Front-end Service Configurations (SelectAlert, WebWare, Web Broadcast) The front-end se rvice int erfaces you purchased can be insta ll ed and run from IIS web serve rs c on fig ured and Networking and Services Connection Ethernet RJ45. Port available/assigned : System Configured for intranet web server (Windows 2003 Server) 0 IP address: 0 DNS Name: 0 Domain name : 0 Internet connection : 0 SMTP connection : • Authentication Required : y N o Username: o Password : Front -end service configured enabled w ith .NET. The appli cations m t um O Port 80 available: communicate w ith the eVision server for the application data (ACIS mess ages , SelectAlert lists , Web Broadcast fee d s) via we b serv ices . In the eve nt th at yo u deci de to ho st th ese services on your present web server, the network settings must be such that your cunent web server will be able to communicate over standard http po11 (po11 80) with the eVision server platfonn to access application code for these services . If your web server is co-located or hosted, 28 y N 0 Firewall set for Port 80 access (for hosted web sites) 0 Hosted site IP address : 0 Will WebWare be hosted : • _ In house , Location • _ Third Party, Locatio n 0 Will SelectAlert be hosted: • _ In house, Location • _ Third Party, Location ( you w ill want t o configure y our fi r ewa ll to acce pt ac ce ss over port 80 only from the IP address of that location. If you decide to host WebWare, SelectAlert or Web Broadcast in -house on the Tele-Works eVis ion server, several configurations are poss ible (pub li c IP, DNS entry) to link and reference users from your public server to eVision . TRAINING Topics After the installation of your system, there will be a tra ining session(s) covering the software modules purchased . The training will cover the Web based adm inistrati on that allows the administrator(s) to : D FirstResponder D Message content creation D Con tact creation , ma intenance, and list management D Creat ing and manag ing broadcast events (fax , e- ma il , phone) D SelectAlert , Web Broadcast These are broad topics for the purposes of describing the nature of training at this juncture. A more detailed training outline for each module purchased will be provided. Venue Training will best occur in a location with Web access to the sys tem (Intranet). We 'll also be covering phone- based administration so it 's helpful to have a speak erphone nearby. Computer training rooms with a projector are an idea l venue . Participants 29 Training Location selected for train ing : D Computer available with Intranet access D Projector ava ilab le for computer above D Speaker phone available Part icipants inv ited who should attend : Pa rt ici pant Hin ts: D System ad ministrators who can assign and coach staff on application administration and appl ic ation user functions . D Application users who may be responsible for updating specific messages and fax back documents . D Users who will be involved in the creation of FirstResponder contacts, content, and events. The most important training is for system administrators to cover application administrator and application user functions so that the system administrator can coach staff once Tele-Works staff has left. Secondary in importance are trainings for application users who might be responsible for updating specific messages and fax backs; also for those that may be responsible for initiating outbound communications with city staff and citizens through FirstResponder and SelectAlert. The total training time can last between 2-4 hours depending on the number of participants. 30 OTHER ITEMS Back Up Routine Back Up Information 0 We suggest you add your eVision server to your normal 0 back up rout ine and use the same back up solution you use for your network . A Full-Backup of the eVision 0 platform server, application servers and data servers is strongly recommended . 0 All eVision servers added to back up routine ___ _ C:\Programfiles\evision\ added _____ _ C:\lnetPub\wwwroot\ added _____ _ MySQL Database added ____ ~ Selective backups should include these items at a minimum: Virus Protection C:\Programfiles\evision\ C :\lnetPub\wwwroot\ C :\MySQL Database Methods : • Method 1 DOS PROMPT C :\mysql\bin\mysqldump .exe -u[username] p[password] --all-databases>evision_backup .sql Method 2 1. Stop the 4 eVision services (TWCOMMHUB, eVision, eVisionBroadcaster & TWServices). 2 . Stop the IIS service . 3 . Stop the MySQL service . 4 . Copy the C:\MySQL\data\ directory to the backup media . 5. Restart all services in reverse order. The first method above maintains better data integrity and keeps everything online . It will output a text file and should be compressed to lower storage requirements and prevent data corruption . Both methods work and are quick to perform, but Method 1 is preferred due to a lower number of potential output and restorat ion problems . Virus Protection and Windows Updates The installation of virus protection software and published Microsoft Updates will be your responsibility. We strongly recommend that you include the eVision server in your regularly scheduled maintenance routines as you would for any other server on your network. You will be responsible for installation and ma intenance of these items once the server is installed at your location . Virus software available for server y N Virus software installed on server y N Date: ______ _ System Co nfiguration System Settings The Ystcm Settings at right will be covered during 0 Does your system use 9 (or another number) to access an 31 training. Having these details before hand saves time outside line? __ _ D and allows us to test functionality during the training Does your system allow call transfer Y N session. 32 Flash Hook (Analog) Three Way (Digital) Other_? D Will you make long distance calls? Phone Fax or or D Will you restrict area codes that can be called? D Email address displayed by Tele-Works system? D Email address to send replies to, if any? Begins on following page. SCHEDULE l.2(o) STATEMENT OF WORK 33 - 11 of En11lcwood , CO OW Project Scope of Work eGovernment Tele-Works, Inc. City of Englewood, Colorado March 1, 2006 Tele -Works , Inc . Pnae · 34 • Section 1 -Project Overview Implementation of Tele-Works Web and IVR for Enterprise Wide Solution The project is defined as the installation and configuration of a customized and comprehensive telephony and web platform for inbound and outbound technology, eVision, by Tele-Works, Inc . at the City of Englewood, Colorado (the City). The project as outlined in this Scope of Work encompasses all aspects of the City's implementation of eVision. eVision will be installed and configured to meet the Parks and Recreation and outbound communications needs as identified by Exhibit 2 and the City through their due diligence process. The City of Englewood, Colorado, is a suburban municipality with a Council/Manager form of government. The City operates under a home rule charter and has a seven-member City Council. The City manages a number of Parks and Recreation functions and current Outbound Communication needs that Tele-Works and e Vision will automate to streamline the current business processes. The project will address solutions for the following major functional areas, as defined by the City and Tele-Works: • Enterprise hardware for telephony and web communication • Enterprise outbound communication tool • Enterprise citizen interface for contact data, notification preferences, and sign-up • Enterprise payment module for accepting credit cards and eChecks via phone and web • Parks and Recreation application for online catalog, class registration, waiting lists, class questionnaires, payments of registration and fees C11 or En11lewood, CO SOW Tele-Works , Inc . Pa11e· 35 • Project Goals and Objectives Key project goals as agreed upon by Tele-Works and the City include: • The installation and implementation of eVision as defined in the Scope of Work and Implementation Plan • Development of the applications as defined in the Task Matrix/Timeline • Training as outlined in the Training Plan • Acceptance testing as outlined in the procurement agreement Implementation Strategy -Specific Goals and Objectives The methodology incorporated into this schedule divides the implementation of Tele-Works into the following strategic stages: • Project Launch • Application Kick-Off Meeting • Application Specifications • Core Application Development • Sys t em Hardw are In stalla t ion and Onsite Training • Customer Acceptance Testing (CAT) • Final Acceptance and Production Launch • Mark eting Stage I CProject Launch • Assembl e Tele-Work s a nd C it y proj ec t tea ms for Proj ect Launch c all • Introductions and process overviews • Review installation pre-requisites and select potential installation dates • Schedu le kick-off m eeting for first Tele-Works Voice Response (TVR) applicat io n Stage 2 c:Application Kick-Off Meeting • Application task sets review and design discussion • Review project milestones and establish timeline expectations ('11 ofEn11Jewood, C'O OW Tele· Works, Inc . Pa11e· 36 • • Identify and assign action items and create follow-up issues list Stage 3 OApplication Specifications • Web flow, call flow, and phrase list documentation created • Functional specification with all pertinent business rules defined • Application network architecture created • Documentation review meetings and documentation updates • Project specification sign-off with authorization to proceed with development Stage 4 C:Core Application Development • Tele-Works official internal application hand-off to engineering • Engineering conference call with the City • Address open items with weekly status calls • Professional recording request submitted Stage 5 C:System Hardware Installation and On-Site Training • System ships pre-configured to City with purchased eVision software add- ons • Installer anives and assists with physical installation and network integration • Installer trains appropriate City administrators on eVision system Stage 6 [Customer Acceptance Testing • City receives application for testing • Tele-Works addresses reported bugs • Tele-Works addresses requests for interface changes • City finalizes all testing and plans production launch date C',1 o r Englewood , 0 W Tele -Works , Inc . Timeline Stage 7 Dinal Acceptance and Production Launch • City formally accepts the TVR application as governed by the Agreement between both patties • Tele-Works assists in migration of application into production state Stage 8 CMarketing • Tele-Works marketing consultation and marketing piece development An implementation timeline has been established, identifying the timeline for project completion. An implementation plan has been included in Section 6, Project Schedule . It is understood that this timeline may change based on written agreement between the City and Tele-Works. Scope of Work (General Obligations) The implementation of the eVision System is to be completed through a shared effort by Tele-Works and the City, which includes but is not limited to the following: Primary Roles of Tele-Works: • Review and approval of the City 's network architecture, providing active consultation to the City in developing mutually acceptable recommendations • Provide and install eVision hardware and software at the City's designated site • Provide and install eVision to the configuration to meet the n ee ds of the City as outlined in the Spec ifications section and Exhibit 2 of this Scope of Work • Provide training ser vices , as fmther outlined in this Agreement, to assist the City in its use of the software • Commit staff and resources as further described in this Agreement to the project to ensu re success • Provide ongoing eVision support during period covered by a purchased Maintenance Agreement, per the tem1s of the Agreement Primary Rol es of the City: 11 ofl·1111lewood, • Provide infrastructure to suppo1t the eVision hardware a nd software • Provide detailed specifications and data integration tools to enable Tele- Works to fulfill its duties w Tele · Works, Inc . Paiie · 38 · • Commit staff and resources as further des cribed in this Agre em ent to the project to ensure success • Test installed eVision hardware and software for completeness and accuracy • Perfom1 acceptance system testing in accordance with Acc ep tance Test Plan and the terms of the Agreement • Actively participate in communications with any third pa11ies not directly contracted with Tele-Works whose involvement is critical to the success of the project • Adhere to Change Order procedure • Operate the eVision system in accordance within the Software Lic ense Agreement Specific Obligations of Tele-Works: Delivery of eVision hardware, software and services. Tele-Work s shall deliver eVision hardware, software and services associated with that delivery and the City shall a cce pt such delivery if confom1ing to contract standards, based on the installation timeline . eVision hardware and software installation. Tele-Works will provide installation of the eVi sion hardware and software at the City's d e signated location . T e le-Works w ill test the hardw are and software to ensure proper operation. eVision will be customized specifically for the City. Training. Tele-Works will deliver training held at the City in accordance with the training plan included herein. Project Management. A Project Manager stationed at Tele-Works shall be assigned to coordinate all implementation activities related to the project. Specific Obligations of the City: • Provide Internet service and support for life of project • Provide t e lephone service and supp011 fo r life of project • Pro vid e back-up m ed ia • Provide and m aintai n Anti-virus software • Provi d e d ata int egration too l and maintenance (e .g. application programming int erface (A PI ), sto re d proce du re , etc .) for each in teractive ap plicat ion purchased • Ob tai n a nd provide Wi nd ows 2000 Web Server with IIS 5 • O btain, provi d e, and mai nt ain SSL Ce11ificate • Obtai n , prov id e, and m a in tain domain name/DNS registration for web server C11 y of Eni;lcwood, CO SO W Te le· Woi·ks, In c. • Provide access to facilities and employees in accordance with City security policies • Provide secure network environment • Establish remote connectivity environment (secure VPN) in accordance with City security policies • Establish test and production environments • Obtain, provide and maintain a secure Internet Merchant Account, Gateway, and payment processor, with active consultative suppo11 from Tele-Works • Identify rep01ting lines of communication and approval • Facilitate communications with any third parties not directly contracted with Tele-Works • Specify, provide feedback, and approve design, content, flow diagrams and phrase lists • Respond to business practice inquires • Pay invoices promptly as governed by the terms of the Agreement • Schedule and assure attendance at training sessions at City site • Conduct Customer Acceptance Testing CAT • Accept delivery of products • Operate and administrate the eVision System after provision of adequate training by Tele-Works Tele-Works Team Members Project Sponsor (Brian Cross, CTO): Th e Proj ect Sponsor represents a point of escalation for issues that require input beyond the Project Manager or the Core team leve ls . This person is a senior representative of Tele-Works who has decision -making authority. Project De sig n Manager (TBD): • Manage the design phase of the TVR project ·,, or ·1111le11ood , SOW Tclc-Wo,k , Inc . Po11c-40 • • • • Coordination of requirements gathering and design documentation • Report to City Project Manager to ensure project design is delivered as projected, or with any changes explained • Resource planning and scheduling • Problem solving • Relationship Management -Intra-team and with the City • Assurance of the overall quality of design documentation and contract adherence by Tele-Works design team members Engineering Manager (Craig Ferguson): • Manage the development phase of the TVR project • Coordination of Tele-Works development team • Oversight of the overall quality of programming effort and development procedures • Rep011 to City Project Manager to ensure project is delivered as projected, or with any changes explained • Problem solving • Relationship Management -Intra-team and with the City • Coordinate weekly conference calls • Manage customer acceptance testing • Assurance of the overall quality of completed TVR application Marketing & Customer Support Manager (Chris Schellhammer, Vice President): • Coordination of Tele-Works installation team • Spearhead consultati~e marketing services ,1y or En11lewood, 0 SOW Tel -Works, In c. Paiie -41. City Team Members Project Sponsor (Mike Flaherty, Assistant City Manager): The Project Sponsor represents a point of escalation for issues that require input beyond the Project Manager or the Core team levels. This person is a senior representative of City who has decision-making authority. Project Manager (Don Ingle, IT Director): • Coordination of all activities to make the software operational • Work with project team to verify project delivered as projected, or with any changes explained • Resource planning and scheduling • Problem solving • Coordination of intemal and external specialists -i .e . software developers • Relationship Management -intr2-t ea 111 a . 1 with the vendor • Process Review Subject Matter Experts: • Work with Tele-Works team to modify/revamp processes and seek Project Manager suppo1t • Document existing processes as required • Lead client input into system set-up within their functional or departmental areas • Assist proj ect manager in a reas such as timing a nd sc hed uling • Relay business issues to the Tele-Works implementation team through Project Manager 11y of Engl wood. CO SOW Tc lc-Wo1 ks, In c. Pag e-42 • I "Power Users": • Gain understanding of system functionality • Test critical system functions in different environments to ensure elements of the implementation are tested and operational • Document existing processes and expected results as required • Provide written specifications with screen prints of needed changes . System/ Technical Administrators: • Oversee logistics to ensure technology is in place and working • Ensure other systems do not disrupt the configuration of eVision . • Ensure Tele-Works eVision server is tested and operational • Assist Tele-Works in set-up and configuration efforts • Troubleshoot network, hardware and other system problems City of Eniilewood , CO SOW Tele-Works , Inc . Paiic -43 - Section 2 -Price Proposal Outlined below is a detailed breakdown of the pricing for the implementation of eVision at the City. A. Core System Price Proposal The purpose of this section of the Price Proposal is to capture all costs associated with providing the eVision System. The following quotation outlines each cost by line item. 1ty ofEn11lcwood, CO SOW Tele-Works , Inc. Pa11e · 44 · Tele-Works. Incorporated H YIIION rn m lHE ,vru,-1 or ,.c,ovuNHlNT u NOW lmU QUOTATION Co nt ,HI: Don Ingl e Acco11111 ld ,m.19e1 : l1,11 e: Nicole Haskins 12llll2005 05762 l oc.,1 tln11 1C11sto 111e1): Englewood St,11e: CO Ouo1 ,1tio11 H11111h e 1: Desc1i1,1io11 : Enler·prise Wide eVis1on Platform with Parks and Rec rea tion Application $nhni nu Set Unit Plice Otv Ex te 11de1I Ptic.e ' eV1s1on Pl alform $ 7,000 .00 1 7 .000 00 Voice Ports ' 1,000 .00 12 12 .00000 Fax Re so urc es $ 1,000.00 2 2 000.00 TIYfTDD Port $ 1,000 .00 1 1,000 00 Enhanced T ext ·lO ·Soeech Resources (Enoish) $ 1 000.00 12 12 ,000 .00 lVR Software License TVR Annlrcalion ePavme nt Modu le Database Vendor $ ' 8 .000 .00 30 ,000 .00 1 8.000 00 30,000 00 ln1 egra 1io n Method ·············-····-·············-···········································-···-············ .......... ···········-·········· .............................•.•......... Interfaces Phone Web -.. Professmnally Recorded 1VR Prompts (Engish) · · No Additlonal Cha rQe 100 ····-·························· $ 10 000 .00 1 $ 10 .000.00 ~th~~fi~ai.'.Zavi~~o~essrnQ -······························-····-······-·········-·····-···············l ····-··········~'.~K~· ···~ · ·f···············H~~ ~· FirslResponder includin, Broadcast Modules and Sele ctAlert $ 16,000.00 1 $ 16 ,000 00 Voice Broad cast TIY /TDD Bro adcast -. •.•• .•. • • ··- Fax Broadcast · · · Email Broadca st · · Web Broadca st SelectAlert · ····-·····-···········-·····- FirstAesoonder Referral Discount (2 500 00 (2 ,500 00 (2 ,500 00 F 1rs!Re sponder IG D,scoun l (2 500.00 S 11h1 n1,1 I 100 .000 .00 lns1alla11on/TraininQ/Assessment Onsne (Up to Two Days) 2 .000 00 $ 2 ,000 00 Total * $102,000.00 An nual Produ ct Sum>0 11 After WaHanty Calcula ted at 15% of System Li ~t nrice Sheet Iha! Follows eVlSll)N SOLUTION SET IP,uk£ and R•c1 eation 1 \IR A1>1 >lic.ation Te le.\lVortcs Ptwks & Rec ,eaOon Weo,Mion to the Oy of El"\CMwoocts Ve,monl Sy5tems ctatl\base wil include the 1ollowirv1 funchonl!lllily U£e1 louin: Alows the user to logr, to lher existhg accoui using thew Hou:.:ehold 0, The user wil also be re(µfed to provde addilionel i,,pu wtich WII be valtdlllted egar,st records wt~ thei-Redrac system. Vuline C.at.61o u : (\Neb lrtertoce Onty) ll"ls wil prOYlde nformelion on cu,ienlty evtMeb6e •ctivt,es e6ong wth real.f.rne deteils sucn as evllllftbilil:y , a,ge ret.l',Wemerts, end class toc:llloo end Imes. Urert can setect clti'sses directly tromll'le ctlllatog once they are logged n Beslc search clf)el>ily Is ouered lflb:lngthe "'Keywords· tiekl wtlhRectrac. Cl.1 •c Re{lit11.1tlon: Llf>On successt~ k)gln, merooers wl be alowed lo register themselves Of rriembets o1 lhe« hOuseholcl in lhe ed1vily section(s) of their chOosng by dredly erterng ectrviy/sectlOl'l runbers OI lhn,ugh the Online Cfllalog Certain erwolmert re strichons such es age knlahons can be observed A user 1~1 be reui!lered wtoo Rechac 10 erwol hciesse:s ttvOlql Tele-Work:s' t'lf)Picehon w.wtinu liota: It e sedlOl'l is IIA , lhe user WIii be alowed to entOI nan active wacng tst II spo1s become avaiklble , the ccy WII be respcn:.:ille !or cortachng lhose on the walng et to fil any opel'Wlgs . c1 .. ,o Reul&11 .. 1km Oues1io1WI e G: (!NtAJ lriertece Only)~ successful login, membms WII be alowed to register themselves or merrbers cl 11-. hO.Jsenold n tne ectrvly secilor(1) ol ll* chOOsng by diectty N'tenng ec.llYlyfsectlOl'l numbers or lhrugh the Cnne Clllatog Cet tein entollrnert restnctiClfl.S such as ege ~,nlehOfls CW'lbe observed A uset must be registeted wflW'l Redr.c to entol h c .. sses tlv~ ltle-Wolks' IPf)klllion. leie-WO!ks wl consldet tfegrfll:ng the atMy IOI the svstetn lo notlfy ftPl)f'CJPfklle Cly stall Ylll l ·mel when• succeuhJ regist,ehon IIYough TN-Wor ks' f"lletltite causes the "ml'wTll.llfl en, oiled" value l o l>e e xceeded Alhough thete ,s cunerCty no 11.1ppo1t lo, Un IHILKI and Mk:Mooal discovery wotk WIii need to be ftCeotnplished , 11 • bec01nes evidently 1ees1ble wthoi.• ein excessive amount of elfo,t, leie.V'kJrU wt nclJde lln 11.nct~y H p11t ol lhe c,JOted eltoit For proper Tele-V1'orks n~ehcw,, the pqxJlahon ot ti'le Recttec dblabase by the Cl y must con1orm to Vennonl Sy~ern sianderds to gue,anlee tl'lfll the stfllndeul flloVfWMWlQ lf'te,tace reletenc:es lhe ,..l'fOf)liMe cteil e The C.y undetstands lhal lln IM'f rec,..Me dale sc,~ Md norrnakzrig ellOlts bom Cly siall to ensue ~ahon pe,lormMCe Md p,owtt for the best end~se, expettenet. ~xletng Ve111iori Systems wih 1ucoes11u eCheck peymeru Is cortngeri upoo -'Pl ll..f'ld!OnMflv . 5.• H.1111 ..... u e r1 .. t1011n t,,rick.1Sl 1tel·(l "'-le,PftSStYe I 4 ilJJIIMe chessrs llnYIQ Mtcrosolt Wndows 2003 OS Server accorT11no.:teiles the eVis,cn product linen e•he1 ang6e o, mul~ se,vice deJA.)yme1U Exact st.:lhcohon, ~e S\.tl..ed to cl'W'l(le to p,ovde the most up.to-dflle confK ... MIOl'llo Cusloiner w'o1<e POIII ustoo,e1 •MV select etll'let cautei oi Meilog voce poit1, or III co,ftllnclloo Por t s are puchesed n • mn.run ireteinenl ct 10.., andU1eteener n ncremef"C1 of two F o, <i9'el r,slolahons , Customer , re~td to~"" an ISON PRI MCI rs ,uponslble fOI COOl<ir'lelng !he testng ot the dlghll conf1gi 111tion wMh el relatea J)C'lties , l'lCludng lele-Wcxks , -,y I~ system vendor and the c~UCat .u Re•orn cee r .... Ret('IUIC"fl ror r1x,on-C'et1Wld or F11. Bi08deest dvMrNCliyievetfll<te the Pt1chased Anllllnn or dl<.•el VOK't Pott s flnl1 •e ,vl!IMble rt ncttmerls ol lwo I l\ 1110 Port• lltCh 11 V 1ior1 pu1chf11•d aun»es IW'I r,.l>cuwJ end Oll-bound COlfWtw.nelllion ctwwnel tor the hean<1-"1>CWed 1111,mce<I ltwt t o :;11•t<h Reso111 c•1 hy ~lllt<hW01t11 "' ! ,_ .... ,. .... f"rt (r'IIW •ll N,(J ~ .... ,h J'W(Y U'lC'WIOf'II l (lf 111101 to ll'Nch cmveilM:'lnS ReSOUfCU l'U ChMtd n ,~. a'Olt nt'lf'lnenll pet »erSorwfyANVII- l '11 • of I 11 •lc1< u,1ll , COS )\ lck-lV<'1~ .Inc Powe -4 • 4UIOtn,rted Clllze11 lnfo1 m.r11on Sy tlem IACI~ FAO ,J1'1t ACIS.f"AQ licensed Soflwwe alows O...stomet 's cl11ens Ind busnesses to ac cess pr e-1ec:01 de<t ensWets lo "f1~1v Afked Qucshc:,ns • end gene,111 n l0tmetion on CUS1o,ne, publlc ser vices by fflphone or niemet enci ncuoe~ !.c:1l1)1111oai W len11)1Me Liht a,y OYer 1 000 meuaue l~Me setedions 1,om Tale -V'Yorks On -l ine Terf1)111e l O•v and Scuptwwe9CMaloO · Web P1 HflMmeut ""'--"" end HlrCtwlie Dn-rl• P,Htnl!Mril Of the tuel of ACS rlleSH(IU ., FAQs on Cu$1 0ttier webde. · ~1t1eU11uPt•11Cani•••~••dyB1oc:l1w, Comprehtln1tve mt1rtetlng progr•n teeti..-nu 1uccess1u 11r11egl1t used by OIMI cOll'Wftl.l'iies lo promote the system l o users . A cornc,llne custoinlzed cllTlefe.,ucty bractue 01 me111100 codes WII be tw811ah6e on-llne., 111 dowrllo•deh6e .p<II document lo be 1•111e<1 bv Cus1omer · C ... T1at1efer Capability lor c.._110 transfer 10 • We attendtW'll: a en ... el'nel e.x:lension assOCM!ecl wlh • partlCt.Nf rne asa<,e f<11)l •OO•Pe111Mtd Canahav lo l•x beck doc uments auoc.-ed wth ACIS.f'AQ ,nuu.oes. TTV •lOO ACIS.f' AQ l!IICtlontllv tor heflt00•111)81re-d users MUST po.,cnese N least one 11v noo PQl't . c:•IHn R .. 1,onH Me1uue tCRM PtU(l·lnt 1Emancems110 AOSEAQ Iha lllowa ln-bol.nd c...,110 leeve • VOEe or 1ouct1ore ,nponse lo• mesaave. Responses ... rtlllrie'vebte lrom AOS.f'AO web IIIClrnlt'islrlllO'\ or ineSH§1eS c cw, be Wed lo• p,e-sel emel address In wave (.wev) fie formal . Ccwrbined Wlh Voice &a.dcest, CRM elso provides lll'Vey end poling lunc:tlOl'\Ml y eneblng the Cus!orner to Qlffielele CNA ·bou'ld c .. s ha pr~ re~s lo ,espond by YOCe or louci1one lo Custorner.preperod que11es ,.,,.WO,h CRNI Pl119./11 I• 11ot •• I••• tr,d/119 det1/Jeu. Fo, • co•pwl• n.t of co•p•tilJ,. ~••• t,.-ct1119kr• dfle/Jen prodllCU, ce11r«t r,1,.wo,a.. Te1,.wo1k• Yoke R .. l)OIIH CTVR1 ~ofttNM• TVft Ucenffd Softw.e enables t*J)hone ctlers on every voice POJ1 to eccen ~ peoes Md rterect wth lelepnony~ TVH.web Ai,plicllions and can serve II tlpSllc:etlons ~ed i.cros1 lhl ercre twiflfr»tse. Pro\lldes lhl!ll wet>-lo-V01Ce tunc:tionMy 1or env wett-t>asf!d n1orm111tion Iha! is nee p,e.recorcted n NIil.i'il vo6ce . TVA A11111iuUot1 Oewelo1mMnl ..., .. .., developmer1 uses open prog,MWIW'lg end convergenl 1eciY'IOk)gy lo p,ovkte d'fl'*"IC '"1 r'll&ractive '11orffMllion aervices. Custorner ll'lJS1 speedy Ind sl.bml TVR °'flp,IICIIIIOl'I ec,.iremenl s on• Tete -Works Protect Ptolk ev .. lble on-h el http.lf.NWwJete.wo,h.CQfl41rQftCINml , Pricing for eny TVR ~ellon Is lo be considered IW'I eS1rnillt unll III Project Profile Is submined end e trm <NOie nrovnecl . Shol*t the clalabase ev• ------·-·-...._ on 1evef'tv 01.--. new ......,.MIOn developrnenl tees rnav be Msred. · Phone lnte1fi1c:e: Systffl UHfl wll eccess TVR Appicetior(1)by e loucNone 1e1tpnone. Cu~omer mey provide eilhlt • loclll ancuo, IOng distance phOnt l'UTbet 10, users lo dial ... aduecf · Pfoleeelon.aly Rec:01detl TVR P1 011..,,t,: The lolowrig rs prtei'lg tor TVR pr0fl11!s In excess ot the lnillel 100 recordngs provided• no chefue: $10 per pron1)( n 25 -word lno·emen11 Mnfllmo,clers a,e S150 to, Enllillh end $100 lo, SpMish . A S100 se1,., ,ee ~s tor re11e• or ders .. . .. -. .. . ' rfflHCbons usr,g Sea.te Soelet Layer (S SL) encryption and wl CQlfJMt1e ..,.tollellons end l!llds t,enste,s 1..11ng the "ernet gateway. Pt1Vmec1 processo,, tod.lOt' nlttnet llllerchanl Accou'1 .,,CMdel" ccnracted by Customer . Te6e -'Werka wt assist Custc:wne, 10 a11u.-e COff'fMliblly Wlhthe CUstomer-161eded prOY!def 01 lhese servtee1; rowever , al ••sociaed vendor HI~ and ongorig ~wisechons lees •e the rnponsiblly 01 CUstorne, ~ va11icallOl"I 01 eech 1,.,...ection .._.,.on1t1hon , • contr lft9fion ,s p,OVded lo ll'le user IW'ld the payment amc:ut henslttred by beleh process o CUSlomer'I lrlltre!Wi Accouri . Payrneri lnlor1M1bon is rou:ed lhrOU(li the TVR Apoilcelion lo the applic.eble clel• hOd n • IMl'Y'llf specd ied by lhe Customer in the Prqec:1 Pr o !N or dunng epilllcelion~. !eP•vmenl wt provide aeCU"e ... vc•• 1Ai1ng Secue Sodiet Layer (SSl) encryption end II dlylla cert,laiile t,om Ve,IS9, lhel Customer Is ,espons:Ue tor prOCIA'ng N Customer w,enOy ~ens en SSL een11ie•e on the epp,op,llle server, no addilional cenuic:a1e 1s r~ed; hOw'ever , Customer wf be responsble 1or 11:eeprig lhe aecvty cert1 llcae cu-rert . M SSL cert11 ica1e is Ina! te<,.•ed tor non.payment TVR Appk:11hcns, bl.A ma y be ent>loyed el lhe disc1 e1ion ol Customer C1edil C•dP1CK11&•in\l ICredf C#d procesartg ts , 1vt1em-Wlde opllOf'I o t ePft'(lnenl thlll eOllbles credl card payments lor CII ef'1et"pr 1n •ppllc:•10ns. C,e<M c ... d trensactlOt'IS wll be ,~ed lo, peVffl8nl pr ocess.-.g .,-Id >OSIC!dlothe-""""fltion <telehOst as dredtd bvCustornet nthe Project Profile or d!Jrnrl~nevetopmfnl ie Check 1G•e-.,..,1y1 P1oc:enil'9 eChect Is e aylttlfl.wide ~ of IIPaymenl U'llt eNb6ea electroric Check peyme,11 vie• Olllewey for el fflttprtle tlPt)IICllions . •Check lrW'lsacbons wl be rO!.Aed tor pavn-fll procesmg end ......i11c:110 the~'°" dcllll host .. dreded bv O...llomer "'the Pro,e,ct Protile or dlJrino ""**ion oeveklPmerf •Check iACHI Pu,c:eulng .A.CH proceaai,g ii • system-~ option of eP11ymert lhal enlilbtes electroric check peymenls • en ACH la, II enlerprise IP!*lllonl. Trensl!ICl,ons wll be ,wed lor pe','ITlenl pr ocessing end D0stedto thaMll:llir:eit10ndelt1 hOst •• drectedbv Custorner in the Pr-Prolile or durria ~ion- Ft, •tRe•1•oml" I ACMIOCed nocltc:411ion systwn U\111 generele1 cocwdnlltd ado twld text 8fMlgency or n,on • .,.gency ~ muuge, over ffllA.-comm.rical:ion chlnnets F•ltResponoer can be used n cri,rdon wlh TVA ~-kins lor OIAboUnd , proectiYe collections Of commur'C•IOnl . Fl'JtRnpondef Licensed Softw•t lnclades Se*Ct~. end Broadcast Modl.jes tor Voa, TT Vn oo, Fex ~ eMeil , eny of wtwch rMY be J)U'dllllled unlU'll:led ,,om FutRes-A oort,on OI FrstResi:,onder l')r OC N ds •• dOfw:ed to the Fls1Re,l)()n(lef lnst•~e 11,o~ko1al Modu .. , Voice Trensmh ~~eel Ol,J;IXU'ld vt*e clh to nts 01 deSimeled lelePtO"lt ,ec.--.11 • TTY TOO Diss~es event noliticat ions 10 te•eotione 1"111111he,s 1denlltllld as nvn oo-ene1 jed oevce s . f,u Trens1r1b lhnlled o..C t>o..nd taxes 10 tax notl1c 11hon rec:->6ere s . · Weh Trensmls l ext inlo,lflellc:,n lo de-.....,ed Customer _.._ · fnwN 11ensm11 unlrMed 0t.Cl)Olnd email to dettnlileu •Mil n.Jtttc.elO'l rtc!plef'lls Sele<IA._1, Web-bflsed ptt 1onai1 "'811 m_._ lnduded n f"• stRHl)(lnder lhlll lllowa u1e,, 10 M1crl>e 10 notttc,.cton type a Se!*llle puchaslll>le MoUIJe thllll ,,.,enc,, the cll)tdlly tnd l~y ot ru1Rt lJ)Clndef This OtS lrter teee expoits Cus:lornet prtwtded ueo-cooed dllta l90d generMea no1r1ic:a11on coriec:t ~s tor I uec,ut aJWllC region 1e1tcteo a,y II• 1yM..-i ~,•or Custo,net IS 1estl0nl'1te tor 11,e ,:uch•se, 1eaone11 ar'db ecc u sullly 01 Cuslornet map dtllle ,conlact deC a ,geo-ccdng and ""l'f Clt190"'U IMIF1enence OIi service Itta lor nwu del1 tet1 Tetc ,Wor tcs c .., swtonl1ed OeoCodlng lel'YK"C!S end bll the Customer C9ecllv lo, !WW Uwd Plllh OeoC"""'-tetV'l('tl AkYws ffllllS"<fe •KOt'111sto .-.., 111 • PttOI au• ..-...1010g1espon1e1 A.low s ,ne1&Ag11191:4Nn11a 10 Wlet 11111110 "*11iee1 aes.tnacion Ot<*:tc•~ can t>e Glconl n..llMl e n11 • detntarunbel OI IHOOl'lff !y'l)e, ™'ve IJeen letlC'lied "" llfldt0Mlly 1e-c11.•er tt,e JHChHe OI Vorce 8r0tlde•l1 1111•1 •chve Voic e 81 o.-1 1c.-a1 ol.low10,..Cl>Ol.ndc*'1ykl s(rg lor TVR ~-lons)IO belr"*ed wlhlJJeCtllC ectCU"'lll'IIOl lhll!IOn NCf'IH IIC('CU1 IHllll'ICH OI pey,Ml1 ht .. OlyWlll 1""*9111"111~ "10IIW T\111tewilellll0t'I flll1 tu ne1 1MMv1ec,.111ea II d!W lll:i.ae t• n MySOl.l """",,none nim>era. l'lltiflClwe -.._.)11(:.III IC'.lnMUvoce bl0flo1C•1t 1>1 , 11 t 1ru.1 a.ui111.1r rwn RK ;111.1101 ,u,111 t11 P\M10,,nwtope,Me n • no,1N11011ce enwcwwnen1 ,uu atano11111d1•1Yl0f'le endnet workeomte110N «"'be t on49"1du • .. ena.e1on11 ,ea fflOUNIWlll o, cteslt'lop c:t111u1, AOS wll ,1&0eont11e S w PliilllOlffl end lVR 'INel) ~ion, fflllY IHldll on II• 5 x PlfillOlffl or on• CuttOlftef.,.-CMded IS ""'1tb .. ,.... lhe 5 • Plllllt•~.,.. _.., TVA Wff ........ WIii be men.-""''"' • NC\U l'Wiwor~ 11nwor-,19nt f)fCMde dt,y Cu1tOtr1tt lt610Jftef ia 1eq)Onl&lie IOI atMWWCI INWWflNll'lCIR ...... keri S'1Q tor the 5:r Ps.:lo,m rid Well...... ring.DI.Ind llflAed 1 ·-· •ttw• and bK:l~. letYICI l)lla"I MCIM I Y paid ••~ ~es end OOtftllln ,egisttlllion CUIIO!fttl W'I kente end lf"lqal wt1-wui soflw•• end peOodclfy UOCNtt wus otlNions to""'' U. ftle • ......,.U pC<l.lt1e •• p,Oltc1ed ''°"' w t.IMS thlll ou1d ne con1 u1t:1ec.t ffl'ltfl .w SOt.•ce ~nnn. llll net '"".-n to tn,• W)t"# netwNI tne l'llfllnet, tmM l)IW&ICM tttt. t'J Mlfl o e.-- l'1 t)• ofEngle"ood, 0 SOW T,·lc-Wo1ks , In . P.t, -46 • The City has the option to purchase additional modules from Tele-Works that will be quoted separately on an as needed basis. C-11 , of En11lcwood, CO OW Tel -Works, Inc . Pa11e · 47 • B. Travel Expenses Travel for up to two consecutive days of training and installation is included in the above quotation. C. Support The first twelve (12) months dating per line item of hardware and software maintenance and updates are provided at no charge to the City starting from date of the eVision platform acceptance. Line items not installed with the platfonn will carry a one-year warranty from the date of their acceptance. An invoice will be issued aimually and any items not included in the initial platform installation will be prorated on the annual invoice following acceptance . Future years of software maintenance must be purchased at 15% of the total system market value Jess training and installation fees. Maintenance can be renewed on the current system for a total of four years after expiration of warranty. Maintenance may be prorated to coincide with City fiscal year upon request. System support and maintenance tenns are further govemed by Schedule 5.5(a) of the Syst em Procurement Agreement. Amrnal maintenance rates for any options will be included in their respective change orders, should the City elect to purchase them. Section 3 -Implementation Details Stage I CProject Launch Assemble Tele-Works and City project teams for Project Launch Call Subsequent to all contract items being finalized, projects at Tele-Works are officially started with a Project Launch conference call. Introductions and process overviews After introductions, a quick overview of Tele-Works processes will be outlined which distinguishes separate paths that the project may take based on the final list of produ cts purchased by the City. Review installation pre-requisites and select potential installation dates Prior to the call, Tele-Works will e-mail an Installation Pre-Requisite Checklist to the City along with a brief agenda for the ca ll. This document will be reviewed with a discussion of potential in s ta llatio n dates and timeframes . Schedule kick-off meeting for first TVR application The Project Launch call ends with a review of action items and the sc h edu lin g of the Application Ki c k -Off meeting . Follow-up e-mails will be sen t accordingly. C u , or Eni;lew ood , 0 W Tclc -Wo ,ks , Inc . Page -48 - - Stage 2 ~pplication Kick-Off Meeting Application Task Sets review and design discussions Tele-Works will email Kick-Off Task Sets to the City which serves as basis for an in-depth design discussion, outlining critical City deliverables and application decision points. The discussion will also define the impact of City business rules as they relate to application design. In addition, technical components of the project will be reviewed such as development environment, remote access capabilities, database connections, and phone line configurations . Additional questions will be raised to address TVR applications that accept payments . Review project milestones and establish timeline expectations A high-level review of milestones will be discussed and an initial timeline is established. An understanding of the key elements to meeting the timeline and a protocol to make necessary adjustments is established. Additional meetings and next steps will also be arranged at that time. Identify and assign action items and create follow-up issues list A list of action items and open issues is created from the call which is integrated into an issue tracking list that will be refeITed to for the duration of the project through acceptance testing. A summary of the call along with the issue tracking list is e-mailed after the call. Stage 3 ~pplication Specifications Web now, call flow , and phrase list documentation created The first draft of documentation that springs from initial discussions is created which includes a Web flow and call flow. These are documents in diagram fom1 that layout the various features and routing in the user experience from the Web and Interactive Voice Response (IVR) interfaces respectively. Although the Web flow does not detail Web page template features such as City specific graphical elements (style sheets, images, headers, etc.), it does address all of the primary Web f01m elements that are critical to the operation of the main application ; graphic elements are addressed separately with City provided templates . The phrase list primaiily contains all of the custom spoken verbiage and corresponds to the call flow diagram which depicts the various paths the user may go down during a call to the IVR. It also serves as a script for the male or female professional voice tal ent offered by Tele-Works and selected by the City. Some dynamic phrases will employ the text-to-speech engine . Some scripting used on the Web may also be documented on the phrase list. Functional Specification with all pertinent business rules defined As an umbrella to the flow and phrase li st docum ent, the functional specification documents other project related details such as team contacts , document revision history, application feature overview , and feature variances . Most impo11antly, each City business rule that directly affects application logic and user experience is detailed with references to areas in the Web or Call flow . Application network architecture created diagram of the production network environment is created which identifies the location of ha rdware and software components directly involved in the application's operation. TI1e City a ss ists in the creation of this document. 11 of' Fni:lcwood , CO OW Tc lc-Wo1ks. Inc . P~wc· 49. Documentation review meetings and docum entation updates Upon the compl etion of the first draft of documentation , a meeting is scheduled with the City to review and discuss any changes that need to be mad e . The documentation is subsequently updated and, depending on the degree of changes and the open design issues that remain, this process iterates until a final specification is agreed upon . Any op en issues not critical to the design may be can-ied over into de velopm ent at the discretion of the Tele-Works project manager. Project specification sign-off with authorization to proceed with development Upon the agreement of the City and Tele-Works that the project specification accurately reflects the desired features and functionality to be created, the City will provide authorization to proceed with development via e-mail, referencing the version of the final specification. Any changes to the specification moving forward may require a time and cost estimate to be issued by Tele- Works. Stage 4 O:ore Application Development Tele-Works official internal application hand-off to Engineering Although the Tele-Works Project Manager will continue to be a City contact, primary contact res ponsibility during the dev elopment pha se shifts to the Engineering Manager and the assigned d eveloper(s). Thi s stage c ompri ses the core d ev elopment p eriod . Engineering conference call with the City After the application is handed off to T ele -Works Engineering department, the development team coordinates a call with the City to make introductions , highlight milestones , review development timelines, and establish communication protocols. Address open items with weekly status calls Sp earheaded by the Dev elopment Manager, w eekly status calls are established between Tele- Works engin eering staff and the C ity. Any outstanding issues are di sc ussed and any items that may potentially affect the tim eline are highli ghte d . Profes sional recordin g request submitted During the development phase of the application, the phrase list is submitted to the studio for professional voice talent recording . Stage S C:S ystem Hardware Installation and On -Site Training s,,s te m s hip s pre-c onfigured to C it y with purch ase d eVis ion software add -ons At a mutually agreed upo n time during the design or development phase, Tele-Works will ship the sys tem hardware to t he City. T his typica ll y occurs a few days before the insta ll atio n date established between Tele-Works a nd the City. The system wi ll affive with the core eVision so ftware on which a ll of the purchased eVision add-ons run (e .g . FirstResponder). The TVR ap pli cations will also eventually interact with this core software. 11 , of Ln le" ood, ow Tel -Wo1k , Inc . Pa11c · 50 • Installer arrives and assists with ph ysical installation and network integration On the date of the installation , the assigned in staller will aITive to physically install the system and, with the assistance of the appropriate C ity staff, ensure that the new server is appropriately integrated into the network environment. The installer will run down the Installation Pre-Requisite Checklist and will make sure all items have been addressed. System testing of phone lines , outbound voice & fax capabilities, remote access, SMTP requirements, and network connectivity will be completed by the installer. Installer trains appropriate City administrators on eVision system The assigned Tele-Works installer will provide a training agenda to the City prior to the installation date for the purpose of coordinating a training session to review capabilities of the eVision administration tools and any eVision add-ons purchased by the C ity. The training will not include TVR application training. Stage 6 C::Customer Acceptance Testing City receives application for testing Tele-Works development manager will provide formal notification to the City that the Customer Acceptance Testing (CAT) period has begun . The notification will include testing instructions and guidelines, protocol on reporting bugs and fixes found by the City testing team , and the official beginning and ending dates of the CAT period . A specific protocol for freezing the CAT p eriod dming bug fixing periods is also laid out. The City is responsible for using this time to thoroughly te st all del iv ered components of the TVR application and reporting issues to Tele-Works in a timely manner. Tele-Works addresses reported bugs Tele-Works de v elopment manager will coordinate the logging and fixing of bugs repot1ed by the City. Any additional time to be allotted to the City for testing during the bug fix period(s) will also b e outlined . Tele-Works addresses requests for interface changes Tele-Works ' development manager w ill man age an y requ es ts made by the C it y for chan ge s to th e d eli ver ed int er face s usi ng th e guid elines set out in Sec tion 4 o f this do c ume nt. C ity fin a li zes all testin g and plan s produc tion launch d ate The City is responsible for completing all testing efforts by the agreed upon end date of the CAT period . P lans for a production launch date sh ould be atTanged by the City and coordinated with Tele-Works. Stage 7 [Final Acceptance and Production Launch C it y formall y acce pt s th e TVR applic ation The ity will fonnally accept the TV R app licatio n at the co mpl eti on of the CAT period an d as fu 1thcr governed by the te1111S of the Agreement. The lead City project manager communicates this acc eptance via e-mail to the deve lopment manager. Tele-Work assis ts in migratio n of a ppli catio n into produ ctio n sta te 11 o f Englewood , CO • OW Tc le -Worl , In c. Tele-Works will assist in any migration or production launch efforts as they apply to the delivered TVR application . Stage 8 CMarketing Tele-Works marketing consultation and marketing piece development Tele-Works will provide at least three (3) examples of"like" brochures used by other agencies to promote their services to the public. Tele-Works will furnish an Implementation and Marketing Manual (89 pages) that documents how Tele-Works customers have implemented and promoted Tele-Works product-driven services to internal and external users. Tele-Works will take standard instructional text and agency provided design elements to include color, text, and graphics and provide one (I) brochure layout design based on the design preference predetermined by the agency. Tele-Works does not include service-branding deliverables but can be an idea-mill to produce concepts for the agencies consideration . Layout and design will be provided in PageMaker, Publisher, or Freehand. The agency will review and respond to Tele-Works drafts with their edits until a final version is accepted by the agency at which time the final digital copy will be delivered to the agency. The agency will be responsible for production and distribution of any promotional material. The agency should be aware of the following conditions that will conespond to increased production and distribution costs: 1) size/layout/design of brochure, 2) number of colors, 3) numb er of copies, bulk, 1 st class or POS distribution . Section 4-Change Order Process Once the project baseline scope has been documented and agreed to by the City and Tele-Works , any changes to the project that impact project schedules , costs, resources and risk must go tlrrough a clearly defined Change Order process. A change must be identified and documented by the Project Managers and the schedule and costs impact assessed and documented . If there is no impact on the project schedule or costs then the change will be implemented in writing by the Project Managers . If the change impacts the schedule or costs, then the Change Order process must be undertaken. The following checklist will h elp analyze how proposed changes w ill impact the project: • What are th e propos ed change s? • How will the proposed change impact the schedule? • W ill it delay the project? • Will it speed up th e project imp lementation? • Are there additiona l costs associated with the cha n ge? • Whi ch ph as e of the project will the change impact? 11 of Enalcwood, CO OW Tel -Worls, I nc . Pa11e· 2 • • What is the impact? • What are the dependency tasks that the change will impact? • What are the deliverables that the change will impact? • What are the changes in resources being proposed? • Does the change increase or decrease the level of risk? Trle -Wo1~1 . Inc Pa ·SJ· Process Flow Diagram The following diagram depicts how changes will be managed within this project. Change Identified/ Documented Project Managers Owner Assigned Change Change Communicate f----------11,,,1 Impact d to Impacted Assessed & Change Logged PM's Documented Project Managers N Schedule & Implement Change y y Approval for Schedule Adjustment Approval for Cost Adjustment Regular Status Update Regular Status Rev iew y Project Special is t Project Manage rs Change Deferred/ Cancelled Project Specialist Change Identified and Documented : A Change is usually initiated via the Change Order. When a request is deemed to be a change , the Project Manager enters this change process . Change Owner Assigned : Through project meeting discussions, a single Change Owner is id entified (nom1ally a Project Manager). TI1is person speaks to the change, ensures it is analyzed by the appropriate team members and works through any approval processes to deten11ine final di sposition . hange Logged : Changes will be documented through Tele-Works functional specification . Th e T ele -Works Project Manager Jogs any new change requests in functional specification where th e han ge i given a referenc e number. Cu orEn11lc1<ood , 0 OW Tcle-Wo1k1, I n . Pave-54 - • Change Communicated to Impacted Team Members: The Project Manager will ensure that each new Change is communicated (electronically where possible) to all impacted team members . The Change Owner will determine who these people are. Change Impact Assessed and Documented: Each Project Manager is responsible for analysis of any change that may impact their project deliverables. Impact is documented in Tele-Works functional specification . Project Schedule Impacted: If the change impacts the Project Schedule, the Change must receive City approval. Project Costs Impacted : If the Change impacts project costs, Tele-Works will provide a time and cost quote with details of the change for the City's approval. No Cost/Schedule Impact: If the change does not result in any revisions to either costs or schedules, the change will be implemented as per the next step. Schedule and Implement Change: If all necessary approvals are received (or none were required), the change is scheduled and implemented. If the project schedule is impacted, a new revised project schedule is created. Change Deferred/Cancelled : If the change is not approved, the reasons are to be documented and it will be cancelled or deferred until after the project is completed. Regular Status Update: Project Managers must be provided with any new information related to Change Status so that the functional specification is kept current. Regular Status Review: Review of the ongoing status of changes is a mandatory item on each project management meeting agenda . T le -Works , Inc . Section 5 -Acceptance Testing Overview/Description Acceptance testing is a key to the successful outcome of the implementation of Tele-Works TVR applications at the City. Testing occurs to ensure that all interface anomalies are identified and addressed, and that all software related issues are resolved prior to the production date. As dictated within the governing Agreement, the primary responsibility of Tele-Works is to test the TVR application, in terms of its operating as designed, without errors, and in a manner that meets the needs of the users . The primary responsibility of the City is to test the product as it operates in an environment that includes interacting with real data from the City's existing database. Section 6 -Project Implementation Plan The City and the Tele-Works Project Managers will discuss the project plan and internal project dates affecting project milestones (for example, third party delivery dates). The City manages the timeline of any third party vendors, which may affect project milestone dates and provides these dates to Tele-Works prior to base lining the project schedule. Any significant changes to the project timeline are to be communicated to and reviewed by the City and Tele-Works. Significant changes affecting the overall scope of the project may necessitate the use of the Change Order process. Attached as Exhibit I to the Scope of Work is a Project Task Matrix/Implementation Plan/Timeline that identifies the activities, phases, tasks, milestones, deliverables, and resources required for the successful installation of eVision. During the Orientation meetings at the beginning of the implementation, Tele-Works and the City will finalize the Project Implementation Plan/Timeline within the timeframe agreed upon in this Scope of Work . C'n ofEnalcwood, CO OW Tele-Works, Inc . Page · 56 • ( Section 7 -Training Training Plan A training plan has been developed, based on produ ·t and application standards conm10n throughout Tele-Works customer base for the implcmcntotion f the cVision Solution Set at the City. Training will be executed for the cVi. i II hardwan: nnd software following the onsite installation. This is a two consecut ivc day de li crab le hut nddit ional days can be purchased and added to the same visit. Additional on-. itc dny in rcmcnt and remote trainings can also be requested and purchased at any time . On-site training includes training of th e cVi . ion l'l at fimn . Pl a t f 1111 training explains the physical attributes of the system , software and ystcm admi111 strnti o11 ta sks, regular maintenance duties including backup procedures and end -u. er ·npah1lit ic . llnnd . -o n instruction is a pa11 of the training program. Designated City staff will be trnin cd on u lmmi. tratiun fun tions , such as configurable application settings, setup of sub users, me a c edi t in , reut ion and sys tem usage statistics. The type, number and skill sets asso c iated for the . c le 1min • pa11i ·i pant s are listed below : Identification of learning participant System Administrator Number: There is typically one J rim II Syi.tcm Administrator per platfmm and training for up to three (3) system administrator. i in lu led 111 the standard training package listed above . Skill Sets: The System Admini trator hould b • aware of protocols for the cunent system . Operations and systems anal . t. ,re Mlltuhle for th e ys te m Administrator position . System Administrator(s) are authori1cd t adm111 i.1cr the . . tem with keyboard and telephone interfaces. System Administrator ha c ·ompl t • ·ontwl of the implemented system and licensed features including setting up Appli at ion dn11111 trator pcm1is ions. Tele-Works recommends that the System Admini trator . hould h om ·one who i familiar with network administration, telecommunication admin1 . tr a11 111 and •encntl pcrating system level management. Current Systems Admini strat or fr m I I /MIS I ·union arc suitable for this position. Training Deliverable: , km dmini 11ator · will re ce ive eVision Platform training. This training explain the phy. i ·:1l •hJtJ" 1 ullrihu tc f the system, system software and System Administrati n ta. k • 1 ular 111.11111 ·11.111 ·c dutic , including backup procedures and end-user capa biliti es . Trainin , 1s 1n1c11il ·d 10 1 H 1dc advanced administration and maintenance procedure and to ·ompl ·t •I um1li.in1 • . y tcm Administrators with the system. In addition, System Adrnini. tral ,r 11 11.1111 d on the fun tional tasks and permissions for Application Administral r und I ph ·at 1 ,n I c, ( cc cl w). This "train the trainer" knowledge is provided that the S '!.t1:m dm1111 11.,tor can pr vide additional administrative roles and so that subsequent 1rai11111 •s ·,111 I • •1 n tu 1 ·J 111 I ·pcndcntly of Tele-Works , Inc . Training usually takes between tw and thr · · hn111 . I l,111ll -on tn . tru ·tion is a pat1 of the training program. Application Admlnl~lntur N umber : 'fhi:rc ,. I 1 t ·:i ll 011 • I J rnnary Application Administrator per installed application and train ing fi ll' 111 to th1 ~· , ppl i ·nt io n Administrators is included in the standard training pa cka ge. If mull 11 le , ppll '.1t 1o n · ht on a sy tern, multiple application managers are allowable to admini ·tr , t • hlf ·1 ·nt .1ppli ·ution ; however, the trauung session is conducted ompr chcn. 1vcl , In 1 11111 11 11 , one Appli ation Administrator can be set-up by the System dm1n i~11 .1h r to h,1, 'J l'lllll .1 rn for multiple applications . l'111 of I 11 Ill•• I I • I II Tele-Works. Inc . Page -57 • Skill Sets: Application Administrators should be familiar with the goals and intention of the application and where Application Users (see below) fit into overall application administration . This is the main skill set required for the Application Administrator. Application Administrators are capable of setting up Application Users and assigning permissions independent of the System Administrator. Training Deliverable: Application Administrators are trained on their administrative role and functions specific to licensed application(s). The topics are two primary application types that make up the eVision Platfonn Solution Set: Application Users Users are able to access specific sections of applications. User training can also be provided and facilitated in a classroom environment where any number of Application User trainees is welcome. This session is typically not possible during the standard one-day site visit so additional days would need to be considered to facilitate extensive user training classes . Experience level of staff It is assumed that any users who pa1ticipate in training have sufficient prerequisite trammg provided by the City to understand how the different software modules co1Tespond to their job functions. See below for a shmt list of application types. Application Types Based on the products and options purchased , any combination of the below software modules could be the focus of the training . 1. Platform Training 2. ACIS/311 /FAQ Module and related components 3 . FirstResponder/SelectAlert and related components . Documentation: Sys t em Administra tion Doc um e ntation is in clud ed with a ll sys tem s . On e hardbound copy 3 Yz in ch 3-ring Binder is provid ed a t th e da te of in sta ll atio n. Unlimited access and utilization of d igi tal copies are also available th rough the product interface delivered through the developments site up n a notice to proceed . This same digital copy is cent ra ll y hos t ed and is al o availabl e to all users of the product through the delivered interface . 11 ofFni;lc\\U Od . C'O ow TcJc .wo,I. , In EXHIBIT l FirstResponder Task Matrix/Timeline Task II Task Description(s) Colll_!)_letion Criteria 11 Pr,:r.-i d;, Mot,i:9 to Proc.;;d Tet c;i .•!..1orki. :.i c:c.ipt41ncc;i ~f PO 1 2 1,} .i.ns ,..:er Te ,:hnical Que sticns I Retu rn email confirmation of l\id:-Off Call minu1es 2; S:hedule Installation Te !E:-'.'.'Ort::S 1'.'een N ,:Jr ... Jrrcau f·lo •T.5 ~!Ll...!L• 2 1 Cust•Jm':r '.':;e~ 2 11<. r ro Customer Pl'3n_!:1_i!lQ of _~~~t types . exoectati1Jns . liabilities . etc. (Cust,Jmer notifi es Tele-W,J rks plannLng is ~o_mpl;ted 2 1a Custcme:r •.•.ea t, tJ L. n, Pr,J'.1de TelJ;!-1.~iort·s inf,Jrma tion on ~.pplication Send C,Jnfirmatt,,n -Of !..pp licalion Specifications 2 1b Tela-·.'i,Jrt :s ~·:setr .! •.ipilc.suon 11 0 De·.e l.JP and Test t _ppll c:;t1 ,J n r Joti tf Customer cf Completion and ReadJ f,Jr Installati on 22 Customer We elt"3 l·f<. fie Data Comp_le te~ (ii.L~~-·~F,1 1'";-,.--. 21 Cust,:,mer ·:.-~sk 2 f lJ.i. No La ,:at1,}n Infrastructure ] 2 Tel~··.~:,:-:r1's \-.·eek:t rP . 11 ,, S;stem Confipurati,Jn &. Sh 1ppin:J Pru·;ide delf-ierf dais and re ce i\i'!Q_ dEtail 3 3 Tel~-\~:arr.s. 1,,.'€':t' 5 S:,-st.e m & i:,o;) 0~1r:er and Install s~·s.tem and Docurnentatt,Jn: Sys tem Dia2noslic Tes! is Succ;;sslull ; Completed 3 j Tele -·.":orts. 1;V e~I<: Tra inin9 11 0 TesllnQ -'Trainin~ A.ttendees CVm1?l~te Trai ning Co urse j 1 Tele ··,l,•orJ·s i/::eJ: 5 I Martebn9 As sistan ce rio ·'3h•:ist ·.~.·riling , Prnrn,Jtional ld:as. Cr,:-:ss-1.larteting Conce_gts )Mart.etinQ Ass1 stanc:e ln·.itatioJn is Delt.-ered ..! ' Cusl•lm4=:r ·.·:e:o?•·i:. I ~A. 1::,; F in JI ~c~e ptanc.~· I Cust.Jmer t..,:l:no\A:l-ed90:s Sf s t-:=m .!.cc eptanc~ Task II Resp o n sibility I Time ' I Deliverab le(•) I Billable? I Task Dncription(s) I Completion Criteri a I ,. • . . .., ......... 2 1a Custome r I '.'iaek3 I tJA. I No I Obtain f:lap Data . Contact Data from sel~cto::d vendor(s) Ir toti tf Tele -1.-Vorl's ,vho:n Complete I 2 10 Custom&r 1 ·:.-e•~-s 3· I II~ I rJo I GeC\-code Data If Jotity Te1e .\\1or..-s lA'he n Complete I ·rele·-V.'orks ad herence to t imehne mfom1atton depends en the t imely complet ion of Customer responsible task items. Task items that are not com plete stops timeline prog ression for a n eGu ival ent ti me required to comptete suc..h task nems an::i final proJect comple11cn will reflect these dela ys ac cordingt:,· •.;n timeframes are estimates J.1utuall; agreed to t1melme 'Ytill be finalized at contract signing P l eas e note that the th1rt~·-da y accei:;tance period is based en a continuous time frame such that the accei::tance time fr.1me halt s dunng problem corr~ct1cn but ccntmucusly resumes 1mmed1ately foll c~1ng rect1ficat 1on of pro blem. 'A purchase order can precede a form al contract to 1nrt1ate the pro1ec! "The: Customer must c ancel an y mstallat,cn an ang~ment \',rt h Te le.',·Jork s 30 da ~·s pnor le the coo ~erat1•,ely scheduled installation date to avoi d standard mst allat ,on ch arges . ~The Customer has a ttm! Fenod of 30-0ay s from mstall at,on to issue final acceFtance. C1ry of Eng lewood, CO SOW Tele-Works, Inc. Page-59 - "'"' TVR Task Matrixrrimeline Task• I Re!.e_ons ibil~· JVl•ek= Ev ent IPue entage Billedl THk Oescriptio~ _) ComplHion Criteria J " 1) 2 1 .. 23 2, c: ;~ 3 1 32 ll ,, ,1 ,2 ,3 Cusumer Cust:-rn•r h lt - ::i:rYJCust:mer CustJm&.r Cus ?-:in'lot r i 1t1-t:c1 ¥.s C u i tom e r -:us.lJmt r Cu,;L)1T1 er Te1'!<,•>rt'S 111,-..-·;-)rt:s lllt -·,";')rt',.'i Cu sli!mi1 r , ... ,':ort.:s Ttle-·.'.''lrt".S Cu sLJmi r Cust,:mu e I~ 12 10 1110 13 n ,, " PUfthnl! !k:er s s,~n ec C.r;i ntrid C tlntJO lnl.;1m;iiti!)n N d -Jfl Co nr~rtn c~ Ca ll !i;:plJc.11-Jn Pr,,orammang lnt~r1'ace (t.?1 : St ,:i.Jri Tu! En,uonm=:nt .1."p11caMn H M c ,a~rJms Pt11Jse Lists and rl'!t.'iort't.-J,;Ms!:O ur! secure l,lerd'l anl "-.:ccunl Pra.1diif 111 apclicat:lle: VDt•,n SSL C11rt1!1cat~ Feel!b ac.-,,n 0 -!s i_zn .:..rt111 :.a11 ,Jn Ot.?J.:.omcr,tSche(lu lt .:.co1,:::a11 tJ n Ot:11-::-omer,1 o ,s cuss1,::n ~I lnstaUJhln RtQuir jmtnls Jn1 Sdlt<Jult 1n:ras,ucture Supp ol1 is .\fran9ed F=ina ti:.e .!p~lleabon Ot,ih;pmenl o,1i-.er anc lnstan s_,_s 1,m l'rJir;l n_l 25r.; 50:,.; P10·.1d-! I loti~o! 1-) P r!>C!!:2 Tele -~•rorts Racer,n E1H3blt Oi:-cumenbl~n (Pur,hH! Oro~r ~, C~innct; Pr o.-,d io Ti!chrucal anc:: Business ConlJcts an::! lr.fo1mJti.Jn t.:i Tclo!?·'.~!,:,,t.s fRl!cti,pl i..d.niJ~l'!d~@~ntb:r Te lt"'"'.".-.:ua: PrOJEct l~a n a;e, lnlloducticns P,ojEct CuUinr Tu~ S1:1s Co-,·erin~ ::.ppllcaMn Fu ncticn ahl! .11i:Mer:ru1s and F!t11 :Jn -L'P Duties Sl'lJte! 1j Conbct Bad'.end Data:,asa Pr o~id~r Call Conducid 1M F,JdtJ .,.·UP el.lJif Stnl 2:Pur(Jlas-: !Plfr~m C,JtJtoas~ Pr~.,1ir IRec9iptol.L.,:.ciplJb~ ~I tlf 'Tet.-•N~rt's J ; P10.i,H 1.p 1 l\l T~le-~4.•,::-rt..s Pr'J',1.Ji!. Sl!cure. T~st Err.u,Jnment ,"\I PI 1: intl Data Hosb~S_!_l_·l _~~ll!-~~:,~rt ~ l tnttgrJfl.ln le 1 HI Err.ironm~nl b: T.!l~:\orl-S H).1/'Jt \.ti! 3fi"{IFffC'ilmflPlmcaoT!TFTd.V u1a~rjln$ IOI •l'Plit:Jllr;;n Fun~anahl: l'.'R Pnras; UslS lar Promp1s ano r1a tnllrt:>1c:tuledure jRfCf:ipl.:..o:n o*"l~d;;tm1nt an:2 J.;:re£mtnlof au Fl cwOi a;;rams Sf:nt Ir., .. .'.!( ...... i, I S-elEd klcrct\Jnt .:..CCIJ~I Pro-,i1er and G3t~·.\o'3 t IR111ciipt ol lnlonnaliiln D, Tc1e.1.'J o1•·s z, Pro.1C!t L1er,:t,an1 !\.ct.:a unl ana Cat~,·••;_ lnl,:11 n1:it1cn l'.'1 Teli-1.':crt.s tlob1) h l,!-~i.0,1.s of SSL C~rtlfiC3\i!. . .:.C::JUiSltl,ln Customer Sii_~9~".' Projc:d Oo~ments Fur.i C6 1-.pplic abon C,e,.·tlCFm~nt S:llidul~if'rojid Flan Sch e dule is .!.,:t:n ::,..,1e~.2~~-~;2-~e1d toe! Cuslcmu '-_p~.!!_cab cn O~:el•JDm?n! Fu~vnaht: Basa.:! on .t..gr;;.ec Oes1!)n Documents is Cemptele:l 1f .:..ns,.,er T@dlnics l •)_u,_s_M_n_, ___ _ l~~=·:~~ts Bas6d c,n s:·sttm Confii;ur.111e;n I Email Ccnftrmati cn cl Installation Rec:un !ments .,usf.>mer--:--'-'r311 fli"Jor"Riql.liiid fnf,'jsiructui'E Suppotr(lndiia.ng"Ph,1ne Lines' 3nd •.',e.b Se:r..-e., C::nfit;;ural!On ' :.op!•,ation Functl:>Mht1 Is Flnan~e ,t S,sttm Prampts Re.::ar.:lea' Cus1.1mer C-:inflnn31icn of lnlrulludure Suppeti Compttll'd Remo)!'! 013iJMS11c Te~ts Successru1 11 Comple.lt.:I lnslal13bon er S-tslem .,,ilh TE&tin;t l 1ns1~llatio1; ()!_S':slem Tr3m in.; 01 Q,esigna!id Cu st,Jmo:1 Fers,:mMI J_nd P_r~i~Q,;?,Jrn~_!'lj~ti1Jn' lrrnif!t~~ !?'_CumolHtd J nd C•,Jcumtnlatio n Q,e1r:~~o . . ... t ) Te lE -:.\orh .!ssessmEnt and .:.-9rtemen1 le Sut:mitlcd ChJnges 15 t,:: 1a Cus1,:,m11 £.c-;:pl.inc.e T1 sbr,~ Thorcuohl, Test Lllo l1catton and Submrt '-nt •-hanga R:!auests ~~:1 .. 11v11 .-,v,;,.,,...., •·J .... u .. ,..:,,,,., ,111 ,.,.,,,.,,1,1• ..,,u .,11 ,,.v, .... u ... , .. u vi~ I .! ! Ttlt -~'on-s 19 Fur.aa.;naht, f,Jr -:r.an_2;_o~a~rs __ :r'!al! Fundiona 1itt fQ, .c..areeC Cn:mi-e Orde rs Chan e On:l'!r Fu;ictionahh •.p('h'!C 10 .1.rplicat11Jn ,. Cus.tomi r I 20 I .:..c,;ep!lnC! ¢I ;.CC hi:Jtl :'n I _ _____!_!~~-___JFir,al ~.~ec1ani:.e l ~ustomc1 :..o :ncwti!,:!Qi!S S\'Stem z.eecctancc Ttlaf -.'.-:Jd s f 2 1 l c 2; j I I 1: Pr :J-<1.Je e,ui:t1ure Di·;el1Jpmer,t ano E .. eOJU'l n Opli'lnS 11, Ema,J C1Jnlirm3b':!n of Ocnons· .:.Jsv S:!: 1.13rt:et1ng l.lanual '4 C.u il'lm.r 2H ~:.J 21 Pru.idle Tite -1.or h.s St.1e ana Oo·.,1ccmer.1 Err.ironmen l Oeo>icns _JQ Emait Conll1m.3tion of Ocdslcnts} I :?l ~:;;tl Jn_o, _Dra!'l:Sl.¥1.~-~_'?_rT?Clf lJ ns . Finali:.i E&<l:::flUfl! ~lli_ PDF OraftS . FJ•. C1J111Jdi,::ns : Email CcnfirmatH1n vi &.::tcotar.c~ E10.:.ttUteS-ir,1cu Ttlt -.'.o.rts 23 ~.:_ ~tC\Jfi PtcC:uctio n Jn::l Otlh if)' I.IU;hamsms Ii; System RuC:, for Public Un:~ilinp GhiJSI ~·mtm ?, P1 .:i m oli"'131 ldus C1 os!·l.la1):ehn,;1 Concepts l uarl.el1n Q L.ss1s1.-nct ln,rtat1on ,s De h:-erel! C..1 stcm-u L:! :.; l t ~··::,rt".s ;:.c. l.l arttt1n .i .:.n1 s 1,1 r.u rtlf-.-':"::1', 1 :t¥tn:1. t, ~,,. inf.::rm ,tnn C:4o•nds ,n tM, bmt11 CJfTt(l l'ition IJf •:usl,Jmtr rtsc-on s1:>I! last ittms Tut itims that are not complil-i! sl•>PS timthne pro:.i1usi,::n l1Jr ar eoui1'3li!nl time re,:iulrtd 1-, C·Jmptol~ sueh !ask itsrns anc ftnal or o,,ct ccml)l!bcn w,11 r;n,ct = ... .,..._...,...._, ¥t u .ttm..:.n llff'•llr-ame, ~ not on11nuc f t:nlr llvns a,e mc.omolttt n or¢1 ed mlftslcnes ;are de~nCer,t on lf'l~ sabs1ai:1or)' and cons'!cutr,e tcmclelian 01 an slecs. Flease no:te that the lhirtJ·d3! a~eplanu-~ericd 1s based on a CQObnuous time frame such hi Ln:tDtlt':tt tmt hr"',t ~:ts oumg crc t lem t.lfft ebc n t l.l ctnll nu;)USI: 1tsum1s imme~1atet:'IC!k't11ini; rtCOC3tion ,>I l)IOD1em. 1.:f'f :an ~rt:.cf I fJfflllt C.ln&l'J :2 IC 11'1!1.ale C"lf Pf1'1ie1 ....,.., ,i:tH ,~e liOur k su .~ ...... .., •~ ,~rt u tro1s h. PIHH ~ f,")f a.: t ; S.t11td l.lmaounc: anJ ::10.-.,, h r p1'lfess,~n3I rttt)fdm~ e,.:,,s ,.s:oo lee fM 111 opedlted slucio or.:lets ol an1 sorHenglh sh'lrter th;,n lht stanC:Jr.1 l'lur lo s 1, (~ l·l ,;; wut-. •'II :,e :AH t: ~t ~~Wrff 6 t11Uin: to c:UW,n an G Cf l F-fU tc r ,. .. ~ Fott c.:,n~...-.~ns al'IC 1s 1upons1tl1 lol Qcrona:in; et..-O;ibl ~,.o ti')r, Alll all n;lat£d partiES t,,;ital lin, int1;ration ;lso fiQuues. onsilt le l&llt'ICnE comp;nr or S-t1oildl ~·endor supi;ort dunn9 insbllabon )t l'ftint .._c; Tttt ""•.,o.$ j !I da ,s pnx tJ tit ;;:~:,c:,•raJl .·"tL s:ne<hffd inSUlb)Jn C'1t t.> a-.-0 ,;3 sanoa,d insl allatlon dlar9n. aty of 1:ngle"'ood. CO SOW Tele -\\ orl..s. Inc Page -60 - Exhibit 2 Introduction The Products and Services described below will allow citizens of the City of Englewood ("City") to access the Parks and Recreation data host and ePayment functionality for interactive and transactional voice and web services. The following Products and Services are provided within this Scope of Work: Section #1: eVision Platform Server Section #2: FirstResponder Module Section #3: Tele-Works Voice Response ("TVR") Software and Application Development Section #4: Parks and Recreation TVR Application Development Section #5: ePayment Module Tele-Works will provide complete installation and training associated with each aspect of this Scope of Work. Tele-Works will provide a one-year warranty per the tem1s of the contract dating from acceptance . The functionality statements included in TeleWorks marketing, functional and technical documentation shall also serve as binding statements as to the functionality of the systems being procured from Tele-Works under this Agreement. Section #1: eVision Platform The eVision Platform will operate in a normal office environment, use standard telephone and network connections, and be configured as a stand-alone rack mountable or desktop chassis . The specified Platfonn will be delivered with 12 voice ports, 2 fax resources, 1 TTY p01t , and 12 English enhanced text to speech resources. The City is expected to sign the Speechworks Agreement. Po1t capacity can be expanded as necessitated by future deployments of interactive applications . . .• e Platfom1 will reside in a secure network environment provided by the City. Measures taken by the City to provide the secure network environment include, but are not limited to, the licensing and installation of anti-virus software and periodically updating security patches and virus definitions to assure that the Platfonn environment is protected. Section #2: FirstResponder Module First R espo nder software version 5.x will ge n erate event notifi catio ns over multipl e c ha nnel s a nd reside on the Platform described in the above Section . The City is required to license and install anti-virus software and periodically update virus definitions to assure that the Tele-Works telephony Platform and FirstResponder software are protected from viruses that could be contracted from any source including, but not limited to, the local network, th e Internet, email or physical disk or data exchange. The City has the option to create and store contact li sts within a MS SQL 2000 or MySQL 4.x database residing on a City server or on a MySQL d at abase provided by Tele-Works and stored o n the FirstRespo nd er Platform . lnfonnation stored in the database includes, but is not limited to name, contact method and contact number (i .e . phone number). T he FirstRespo nd er software wi ll refonnat a si ng le info1111ational post made by a system admini trator and deliver the message over the communication channels listed below . Administration of the sys tem is web based and accessible by an unlimited number of authorized users . The system administrator(s) will log on to the system, type text for a notification message 61 and post the message content. The content will be automatically reformatted for each communication device and relayed to the indiv idual dev ice queue. If de sired by the City, different content may be fo1n1atted for the various devices. • Voice Broadcast -This method of notification allows the City to initiate unlimited outbound voice calls to Voice Broadcast li sts of designated telephone recipients . • TTY Broadcast-This method of notifi c ation uses Voice Broadcast lists in the same manner as Voice Broadcast described above to disseminate an event notification to telephone numbers id e ntified as TTY-enabled dev ic es in the database . • Fax Broadcast -This method of notification enables the system administrator to transmit unlimited outbound faxes to fax notification recipients . • Email Broadcast -This method of notification enables the system administrator to transmit unlimited outbound emails to designated email notification recipients. • W eb Broadcast -This method of notific a tion en ables the sy stem administrator to transmit infomrntion to designated City website . Broadcast statistics are available during and after each notification and include detailed results from each notification event. The SelectAle1t application will integrate w ith the City's MS SQL or MySQL databas e and w ill allow the C ity 's end-us ers to opt in or opt out for specific types of ev ent notifications and to se lect the m ethod of contac t. T h e appl ic at ion w ill be access ibl e v ia th e w e b and hosted on a secure C ity prov id ed IIS web server a nd m a intain ed en v iro nment utili z in g S S L protocol at th e o p tio n of th e C it y . Section #3: TVR Software and Application Development The TVR License allows callers on eve1y p01t of the system to interact with telephony compliant web applications, te1111ed "TVR Application" and specified under subsequent sections. This license can be uti lized for Tele-Works developed TVR ap plications only. T h ese resources provide the Web-to-Voice functiona lity for any web-based info 1n1ation that is n ot recorded in natural voice. En hance d text-to-speech reso urces are provided with th e P latfonn . These resources wi ll be u t ilized if no natural voice recording is provided . Te le-Works will develop the application detai led in the fo ll owing sections designed to provide dynamic and in teractive information services via the te lephone and web-based environment. Telephone users will use any touchtone telephone to access the application by dialing a local City phone number. Personal computer users will access the application by connecting to the 62 - , ( Internet via an ISP and using a standard World Wide Web Browser interface (Netscape, Internet Explorer -4.x version browsers or higher). Development is subject to the functional limitations and the contractual tern1s and conditions associated with database functionality, integration and/or use of any application programming interface (API) software from the City 's data vendor, Vern1ont Systems . The City is responsible for the purchase of the API and any ongoing maintenance fees for this interface . Final application diagrams will be provided by Tele-Works in coordination with the City and applicable department. Application Development will not commence until appropriate representatives of the City approve the final application diagrams. The application will reside on a web server provided and maintained within a secure network environment provided by the City. The City is responsible for all standard maintenance and licensing for the application web server including, but not limited to, data archival and backup, service packs, security patches and updates and domain registration. Fu1ther, the City will license and install anti-virus software and periodically update virus definitions to assure that the Tele- Works telephony Platform and TVR software are protected from viruses that could be contracted from any source including, !;mt not limited to, the local network, the Internet, email or physical disk or data exchange. The TVR application will offer comprehensive and secure services utilizing Secure Socket Laye r ("SSL") encryption and a digital certificate (VeriSign) for which the City is responsible for procuring. If the City currently maintains an SSL certificate on the appropriate server, no additional certificates are required, however the City will be responsible for keeping this security ce1tificate current. Included with the TVR application is a camera-ready brochure . The completed camera-ready brochure will be available online as a downloadable PDF document and the City will be responsible for all printing costs. Also included with each TVR application is the professional recording of the first 100 voice prompts for the telephone interface; overages will be billed separately to the City. Pricing for TVR prompts in excess of the initial 100 recordings : $10 per prompt in 25-word increments . Minimum orders are $150 for English and $200 for Spanish. A $100 setup fee applies for repeat ord ers . Section #4: Parks and Recreation TVR Application Development Tele-Works Parks & Recreation integration to the City of Englewood's Vennont Systems database will include the following functionality: • User login: Allows the user to login to their existing account using their Ho use ho ld ID; The user will also be requi red to provide additional input w h ic h w ill be va lidated against records within th eir Rectrac system . • Online Catalog: (Web Interface Only) T his will provide info1111ation on c unentl y avai lab le activities along with real-t ime detai ls such as avai lability, age requirements, and class location and times . Users can select classes directly from the catalog once they are Jogged in . Basic search capability is offered utilizing the "Keywords" fi eld with Rectrac . 63 • Class Registration : Upon successful login , members will be allowed to register themselves or members of their household in the activity section(s) of their choosing by directly entering activity/section numbers or through the Online Catalog . Ce11ain enrollment restrictions such as age limitations can be observed. A user must be registered within Rectrac to enroll in classes through Tele-Works' application . • Waiting Lists : If a section is full, the user will be allowed to enroll in an active waiting list. If spots become available, the city will be responsible for contacting those on the waiting list to fill any openings . • Class Registration Questionnaires: (Web Interface Only) Upon successful login, members will be allowed to register themselves or members of their household in the activity section(s) of their choosing by directly entering activity/section numbers or through the Online Catalog . Certain enrollment restrictions such as age limitations can be observed. A user must be registered within Rectrac to enroll in classes through Tele-Works' application. T e le-Works will consider integrating th e ability for the system to notify appropriate City staff via e-mail when a successful registration through Tele-Works' interface causes the "minimum enrolled" value to be exceeded . Although there is cunently no support for this feature and additional discove1y work wiII need to be accomplished, if it becomes evidently feasible without an excessive amount of effort, Tele-Works will include this functionality as part of the quoted effo11. For proper Tele-Works integration, the population of the Rectrac database by the City must conform to Vennont System standards to guarantee that the standard programming interface re fer en c es the appropriate data . The City understands that this may require data scrubbing and no nnali z ing efforts from City staff to ensure application perfom1ance and provide for the best end -user experi ence. Up dati ng V e1m o nt S ys tem s w ith s uccess ful eCheck payme nts is contin g ent upon API functiona l ity. Se c tion #S : ePayment Module The ePayment Module is a single system user licen se that w ill e nab le cred it card an d eCh eck payments fo r a ll appl icatio ns, wh ether defi ned in th is S co pe o f Work or ad de d in th e future, th at u e the sa m e tra nsaction processing meth o d a nd vendo r . F or c redit ca rd s , th is m o dul e is re s ponsib le fo r sec ure transactions , accoun t ve r ifica ti o n a nd th e a uth oriza t io n of p ay m ents fro m ity ca rd h o lde r is s uing in st it ut ion s. Pay m ent a mo un ts wi ll b e reserved fo r th e City up o n authoriza tion of payme nt , and will be transfened in batch processes fr o m cardh o ld er acco unts to the ity's M erc hant Accou nt(s). Upon verificatio n and t ra n saction autho1izati o n , a con fimrn ti o n or tra n act ion number is pro v ided to th e citizen . Paym e nt in fo m1 atio n w iII be rou ted back through th e app li ca tion to be po sted to the data host(s) in a method sp ecified b y the City for each pecifi TV R application developed . T he City will be responsible fo r an Internet Gateway, 64 ' , Merchant and Payment Processing relationship and on going fees with accredited service providers . Tele-Works will assist the City to assure compatibility, but all associated fees relating to payment processing are the responsibility of the City. 6S SCHEDULE 1.2(q) THIRD PARTY SOFTWARE 12 Enhanced Text-to-Speech Resources (English) -Speech Works Speechify 66 SCHEDULE 1.2(r) LISTING OF VENDOR SOFfW ARE TVR Software License Departmental -eVision 5.5 TVR Parks and Recreation Activity Registration Application-custom ASP application development ePayment Module Departmental -custom ASP application development FirstResponder including Broadcast Modules and SelectAlert -eVision 5 .5 67 SCHEDULE S.1 COPIES OF THIRD PARTY LICENSE AND MAINTENANCE AGREEMENTS See following two (2) pages 68 SPEECHWORKS END USER AGREEMENT This END USER AGREEMENT, effective ______ is entered into by and between Tele-Works, Inc . ("TW") and The City of Englewood ("END USER"). WHEREAS, TW has entered into a Value Added Reseller Agreement between Tele-Works, Inc . and SpeechWorks International, Inc (SW!), whereby SW! grants and TW accepts a non-exclusive and non-transferable right to I (a) reproduce certain SW! Software for the purpose of incorporating such software into TW products and (b) to market, license and disttibute the SW! software as a pat1 of the TW products pursuant to an END USER AGREEMENT entered into by TW and END USER. NOW THEREFORE, TW and END USER agree as follows : I . License Grant. TW grants to END USER a non-exclusive, non-transferable right and license to use the TW products [include applicable limitations -one machine -one location , etc.]. 2 . Ownership of Licensed Software. END USER acknowledges that TW and its licensors and/or suppliers retain all right, title and interest in and to the original, and any copies, of the TW products and ownership of all patent, copyright, trade secret, trademarks and other intellectual property rights pertaining thereto, shall be and remain the sole prope11y of TW and its licensors and/or suppliers. END USER shall not be an owner of any copies of, or have any interest in, the TW products, but rather, is licensed pursuant to this Agreement to use such copies . Without limiting the generality of the foregoing, END USER receives no rights and agrees not to : (i) modify, po11, translate, localize, or create derivative works of the TW products; (ii) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the TW products by any means whatever, or disclose any of the foregoing; (v) sell, lease, license, sublicense, copy, market or distribute the TW products; (vi) knowingly take any action that would cause any TW products to be placed in the public domain ; or (vii) distiibute any batch or off-line processing of content using the SW! Software, except by payment of the applicable "p011" fees or use any speech data files delivered by SW! except in connection with the SW! Software. 3. Acknowledgment of Propiietary Mate1ials; Limitations on Use. END USER acknowledges that the TW products are protected by the intellectual property Jaws of the United States and other countries, and that they embody valuable confidential and trade secret information ofTW or its licensors and/or suppliers . TW agrees to hold them in confidence and agrees not to use, copy, or disclose, nor pem1it any of its personnel to use, copy or disclose the same for any purpose that is not specifically authorized under this Agreement. END USER agrees that TW's licensors and suppliers are intended third pa1ty beneficia1ies of the provisions hereof. 4 . LIMITATION OF L1ABILITY . TW'S , LICENSORS' AND SUPPLIERS' LIABILITY TO END USER AND ITS OFFICERS , CUSTOMERS AND EMPLOYEES FOR ANY CLAIM ARISING UNDER THIS AGREEMENT OR OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN , REGARDLESS OF THE FORM OF ACTION WILL NOT EXCEED AGGREGATE FE ES ACTUALLY PAID TO TW DURING THE ONE YEAR P ERIOD PRECEDING S UC H CLAIM . 5 . CONSEQUENTIAL D A MAGES. IN NO EVENT S HALL TW O R ITS LI CENSORS OR SU PP LIERS BE LIABLE FOR ANY S PECIA L, IN DI RECT O R CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIM ITED TO, LOSS OF R EVENUES AN D LOSS OF PR OFITS, EVEN IF TW HAS BEEN ADV ISED OF THE POSSIB ILITY OF SUC H DA MAGES . 6.Term and Te1111in at io n . T his EN D U S ER AGREEM ENT sha ll rem ai n in effect until term ina ted b y th e EN D USE R b y provid in g th irty (3 0) days writ1 en no tice to th e o th er par t y. U pon te1111in ation of th is EN D USE R AG REEME T , E D USE R wi ll disco nt inu e use and des troy or re turn to TW all TW pro duc ts that con tai n SWI oft ware . 69 IN WITNESS WHEREOF, each party hereto has as of the above date caused this END USER AGREEMENT to be signed by its duly authorized representative. TELE-WORKS, TNC. END USER By ____________ _ By _____________ _ Name, ___________ _ Name ___________ ~ Title ___________ _ Title ____________ _ Date ___________ _ Date ____________ _ 70 SCHEDULE 7.4 DEVELOPMENT SERVICES 1. Developed Vendor Software . "Developed Vendor Software" means computer software programs and interfaces, including Development Documents (as later defined in this Agreement), developed or to be developed by Vendor and/or Employees pursuant to this Agreement. 2. Provision of Development Services . Vendor shall perf01m development Services to the extent agreed upon by the parties for a particular City project (the "Project"). With respect to each Project, the parties shall agree in writing upon supplemental tem1s and conditions applicable to the performance of the Project including, for example and without limitation, (i) a price and milestone payment schedule, (ii) a Project performance schedule, including the appropriate work steps and phases, (iii) Specifications, (iv) functional and detailed design specifications, and (v) a schedule of those items or tasks to be perfom1ed by Vendor which must be approved by City or perfo1med to the satisfaction of City ("Deliverables"). The tem1s and conditions established for a Project shall be incorporated in this Agreement, and may be amended upon the mutual written agreement of the Project Managers (as later defined in this Agreement). The Section of this Agreement titled "Time and Materials Services" shall also apply to the Project if the development Services are perfom1ed on a time and materials basis. 3. Project Management. For each Project, Vendor and City shall each designate a project manager (the "Project Managers") who shall have the responsibilities set forth in this Exhibit and as othe1wise agreed upon by the parties . Each Project Manager shall be responsible for providing timely management decisions as required or requested relating to the Project. From time to time at the request of the City Project Manager, the Vendor Project Manager shall provide to the City Project Manager a written report of the status of the Project. 4 . Approval of Deliverables . The supplemental Project tem1s and conditions shall establi sh time frames for the acceptance process of Deliverables ; any reference to dates or time periods in this Section shall mean the dates mutually agreed upon by the parties in, or detennined in accordance with, such te1111S and conditions. The Vendor Project Manager shall submit each Deliverable to the City Project Manager on or before the specified delivery date. Within the es tablished time frame, City shall approve or disapprove the Deliverable by providing written noti c e to Vendor. City shall describe in any disapproval the ways in which the Deliverable fails to co nfo1111 to the established requirements and/or the Specifications for the Project or portion thereof; City may also suggest c01Tections or improvements whi ch may cause th e Deliverable to meet such standard. Vendor shall resubmit the Deliverable to City for approval as provided in this Section, within the established cure period . City may extend the period of time for re s ubmission of the Deliverable if Vendor submits a written request outlining the specific reasons why Vendor cannot comply with the requirements together with Vendor's proposed alternative chedule for resubmission of the Deliverable . Vendor may submit draft versions of a De li verable prior to the required date for the infom1al comment of the City Project Manager. it y's approval of a Deliverable only indicates that City has reviewed the Deliverable and 7 1 detected no enors or om1ss1ons sufficient enough to wa1nnt the withholding or denial of payment, if any, for such Deliverable . City's approval of a Deliverable does not discharge Vendor's obligation to provide a completed Developed Vendor Software that as a whole confo1ms to the Specifications . 5 . Acceptance Testing Procedures . In connection with each Project, the parties shall mutually agree upon appropriate acceptance testing criteria and procedures for the Developed Vendor Software. The applicable acceptance testing criteria and procedures must be successfully satisfied and perfo1med prior to City's acceptance of the Developed Vendor Software. If any defects or deficiencies are discovered during acceptance testing, City shall so notify Vendor, and Vendor shall have thirty (30) days from receipt of such notice to coJTect the deficiencies. If necessary, Vendor and City may mutually agree upon an additional time period in order to continue acceptance testing of the coJTected Developed Vendor Software. For purposes of an item of Developed Vendor Software, the tem1 "Acceptance Date" shall mean the date when the Developed Vendor Software successfully satisfies the applicable acceptance testing criteria . Acceptance of an item of Developed Vendor Software does not waive any warranty rights provided in this Agreement for Developed Vendor Software. 6. Change Orders . By providing written notice to the Vendor Project Manager, City may request Vendor to perfonn additional work or changes within the general scope of the Project and Vendor agrees to perfo1m such work or changes. If a change causes an increase or decrease in the price or time required for perfom1ance as mutually detem1ined by the Project Managers, a negotiated adjustment shall be made in the Project price and/or perfom1ance schedule. Changes outside the general scope of the Project shall be governed by the following Section. 7. Additional Work. By providing written notice to the Vendor Project Manager, City may request Vendor to perfo1m additional Services outside the general scope of a Project. At its option, Vendor may submit, at no charge to City, a written proposal for such Services including a price/c ost proposal , expenses related to travel, lodging and meals, a delivery schedule, and any other infom1ation reasonably related to such request. Within a reasonable time period requested by Vendor, City shall accept or reject such proposal. If Vendor chooses not to provide a proposal in response to City's request, Vendor shall promptly notify City. 8. Remedies for Failure to Perfom1 . If Vendor defaults in the perfonnance of a Project City may, in its sole discretion, elect to (i) te1minate the Project, return to Vendor all Development Documents and receive a refund from Vendor of all amounts paid to Vendor with respect to the Project, (ii) enter into a joint development eff01t with Vendor to complete the Project at no additional charge to City, (iii) extend the time for Vendor perfom1ance at no additional charge to City, (iv) con tinu e development itself or in connection with a third party, and /or (v) tenninate the Project. The foregoing remedies do not constitute exclusive remedies . Jn the event City elects to continue development effo1ts itself, or to continue development effo1ts with the involvement of a third pa1ty, Vendor shall provide to City all Vendor proprietary or other infonnation reasonably required to complete such development. City agrees that any third patties pursuing such development with City shall agree to comply with non-disclosure and 72 confidentiality provisions to protect Vendor's information . City may use the information as necessary in order to complete the Project. 9. Rights Upon Project Completion . Upon completion or termination of a Project for any reason, Vendor shall provide to City all copies of all Developed Vendor Software and Development Documents, whether completed or partially completed, (except if City elects (i) in the previous Section) and shall return to City any and all copies of all information provided by City to Vendor in connection with the Project. City shall be entitled to obtain maintenance and support Services for Developed Vendor Software under the Sections governing support of Vendor Software. 73 SCHEDULE 7.5(a) EQUIPMENT SUPPORT 1. Services Provided . Vendor agrees to provide maintenance services on inoperable Equipment which are necessary to return the Equipment to good operating condition. All such maintenance shall be performed during the hours of 6:30 A.M . to 3:30 P.M., Mountain Time Monday through Friday, excluding Vendor observed holidays (the "Principal Period of Maintenance"). Vendor will at no additional charge, provide new replacement parts for the Equipment on an exchange basis required as a result of normal use. Parts removed become the property of Vendor. Service or pa1ts required for the Equipment as a result of other than normal use (e.g., accident, fire, lightning, water damage, negligence, misuse or repairs, alterations or modifications performed by persons not authorized by Vendor) are not included hereunder and are charged at Vendor's prevailing rates on the date such service or repairs are perfom1ed. Service requested by City to be performed at times other than during the Principal Period of Maintenance shall be subject to Vendor's personnel availability and charged to City at Vendor's overtime rate on the date such service is performed. Vendor will also provide assistance by telephone to answer urgent and immediate questions during the Principal Period of Maintenance . All services to be perfom1ed hereunder may be performed by Vendor or by third parties designated by Vendor. 2 . Service Response Time. Unless othe1wise specified, Vendor agrees to respond to any request for service before 10 :00 a.m ., Mountain Time, of the next working day after the request. 3 . Excluded Services. The maintenance service to be provided by Vendor under this Agreement shall not include the following: (a) Perfom1ing services in connection with the use of the Equipment in conjunction with other equipment or software, the relocation of the Equipment, the rewiring or rerouting of cables , or the addition or removal of accessories, attachments, features, or other devices ; (b) Electrical work external to the Equipment; (c) Maintenance of accessories, attachments, feat ures , or devices other than the Equipment; (d) Maintenance of Equipment from which the original identification marks have been removed or altered; (e) Repair of damage resulting from (i) accident, tran sportation, negle ct, or mi s use by City, City's failure to provide the necessary facilities or s p ecified operating supplies, o r failure by ity to meet site specifications applicable to the Equipment; (ii) causes external to the Equ ipment s uch as, bu t not limited to, unusual physical stress, failure or flu c tu a tion of 74 electrical power, air conditioning or humidity control; or (iii) any cause other than ordina1y use (e.g ., accident, fire , lightning, water damage, negligence, misuse or repairs, alterations or modifications perfom1ed by persons not authorized by Vendor); (f) Furnishing expendable or consumable supplies, equipment or accessories or painting or refinishing the Equipment; (g) Maintenance of the Equipment or po11ions thereof which City has modified or repaired as set f011h in Section 5 hereof or po11ions of the Equipment affected by such City modifications or repairs ; (h) Reconditioning required when repair and pa11s replacement cannot keep the Equipment in operating condition ; and (i) Specific requests by City for maintenance outside the scope of this Agreement. 4. City Modifications . City shall inf01m Vendor in writing of any modifications to be made by City or any third patty to the Equipment. Vendor shall not be responsible for maintaining City or th ird party modified po11ions of the Equipment or po11ions of the Equipment affected by such modified po11ions. 5 . City Repairs. Maintenance or repairs requested du e to City's unauthori z ed repairs or maintenance shall be subject to Vendor's personne l a vailability and billed at Vendor's standard time and materials charges . 6 . City Supp011. City agrees to use the Equipment in accordance with the operating m a nuals for the Equipment. City agrees to provide Vendor with access to its facilities and the n e cessary equipment and documentation for Vendor to perfom1 maintenance , and with sufficient s uppo11 and te s t time so th at Vendor is a ble to duplic ate any problem repo11 ed , to ce11ify that the problem is with the Equipm ent , to c o1Tec t th e probl em and to ce11ify to C ity th at the problem has b een c otT ec ted . 7. Additional Charges. Wit h respect to (i) m ai nte nance of th e Equipment which Vendor provides in response to a request by City for maintenance and which Vendor is not obligated to provide under this Agreement, or (ii) co1Tections for difficulties or defects traceable to City's unauthorized acts , etTors or system changes, City shall pay Vendor for all eff011s toward such services, conections or remedies at Vendor's then cmTent standard time a nd materials ch arges . Wi th respect to any repairs w h ich are excl uded fro m thi s Agreem e nt and wh ic h are required for the Equipment to be in proper worki ng orde r, Ven d or wi ll submi t a d esc ript io n of t he work w hi ch is necessa1y to restore th e E qu ipmen t to p ro per worki ng o rde r a nd th e c h arges t herefore, and will request pem1ission to restore the Equ ipm ent to pro per worki ng ord er. If Vendo r is not granted the pe1missio n to perform such restorati on at City's expen se, Ve ndor s ha ll ha e the right to tem1inate all its obligations under this Agreement with respect to s uch damaged ·quipment. 7S 8. Travel Expenses. The maintenance fees payable hereunder includes all travel and related charges if required with respect to maintenance services provided hereunder during the Principal Period of Maintenance . 76 , SCHEDULE 7.5(b) SYSTEM SUPPORT AND MAINTENANCE 1. Obligations . Maintenance of and support for the System as required in connection with this Agreement shall be provided to City in accordance with the provisions of this Schedule 7.5(a). 2. Availability. Vendor shall provide maintenance and support for Critical and Major failures (defined below) 24 hours a day, 7 days a week. 3. City Point-of-Contact (POC). City shall designate one primary point-of-contact (and one back-up -to be used when the primary point-of-contact is unavailable) through which all support requests shall be funneled. This designation shall be made, in writing, within 10 working days after contract execution; provided however, that if City does not designate a POC, all suppo11 requests shall be funneled through City's Director of lnfonnation Technology. Changes to the POC list will be made, in writing, by an authorized City representative . Additional POCs shall be available through special arrangements with Vendor. 4. Version Suppo11. Vendor Software maintenance support provided by Vendor shall be for (i) the most current revision level of the most cunent production version and (ii) previous production versions for a minimum of 12 months after the previous version is superseded. Support for earlier production releases is available via a customized support agreement with Vendor. 5 . Communication Mechanism. Communications between City and Vendor will include : • Electronic mail • Facsimile Telephone • Telephone • Intemet/W eb Page The Vendor suppo rt e-mail address is twsupport@ tele-works .com. The Vendor fax number is (540)951-4016 and should be addressed to the Vendor technical support organization. The tec hni cal support telephone is (540)951-6402 and will be staffed by a customer te chnical support representative during the hours of 6 :30 AM to 3 :30 PM Mountain Time . Voicemail mail b e pro vided for back-up when the line is busy . Pager suppo11 shall be provided after hours support for reporting Critica l and Major failures . In addition, during no1111al business hours , City has the option to transfer to the Vendor receptionist in the event of urgent technical support req uirements . ity wi ll infonn the receptionist that urgent t echnica l sup port is required . The recept ioni s t will use best efforts to connect the ca ll er with an appro priate customer technical supp ort represe ntati ve. 77 6 . Vendor Software Deficiencies . Vendor defines a Vendor Software Deficiency as an event whereby the Vendor Software does not perf01m as documented or documentation is inconect. The policies described in this Schedule 7 .S(b) apply to the Vendor Software. 7 . Supp01t Staffing and Responsibilities . Requests for support are taken by a technical supp01t representative who records the information as described in Section 8 below . If the technical support representative is unable to immediately resolve the probl em, the problem is assigned to support engineering . The technical support representative is also responsible for monitoring the progress of deficiency resolution and reporting that progress to City as required . 8. Reporting Deficiencies. During the initial contact with City, the customer technical support representative will verify that a valid supp01t contract exists . In order to accelerate Vendor's response to the reported deficiency (the "Deficiency Notification"), City should have the following information available: • Contact information • Description of the problem • Suggested deficiency classification If the Deficiency Notification is not resolved during the initial contact, the Vendor customer technical support representativ e shall respond to City after submission of the De ficiency Notification by providing City with: • The call tracking number for the Deficiency Notification • The Deficiency Classification (defined in Section 9 below) initially assigned to the Deficiency Notification (Classifications may change during the resolution) • An estimated time frame for problem resolution , or more likely on the initial call , a plan fo r continu e d contact until a better e stimate for resolution and/or actual resolut ion ca n b e provided . Callbacks will be based upon the D efici ency Clas sification. 9 . D e fi c iency C la s sifi cation . V endor, w ith t he c on c unence of C ity, shall c las sify e a ch deficien cy r eported in a Defi c iency Noti fica tion accord ing to th e follo w ing d efi cien cy cri te ri a: Criti c al M ajor Critical Business Impact, production system down. Fatal condition which precludes significant useful work from being done, or, in the judgment of City, significantly precludes developer and/or end-user operations or causes continuous unscheduled dow nt im e of a produ ction system. Any fail ure of the CAD element s of th e System sh all be deemed Critica l. Significant Business Im p act, important fea tu res are un avail abl e wi th no accep tab le workaro un d. City deve lo pm ent or produc tio n op eratio ns are serious ly impaired . However, end-users are operational due to a workaro un d. 78 • ' ( Minor Warning Informational Some Business Impact, important system features unavailable but workaround available or Jess significant features unavailable with no reasonable workaround. Degradation condition which causes program or system failure, causes misleading or incorrect output, causes function to not execute as documented, and/or disables one or more nonessential functions . Minimal Business Impact. Impairment condition which causes user confusion and/or impairs one or more nonessential, but desirable, functions, including functionally incorrect documentation. Workaround is awkward, but does not impair operations . Condition causes minimal or cosmetic deficiencies. lnfo1mation or enhancement request. Explanation of a feature(s) requested or a Vendor Software enhancement requested. 10. Deficiency Correction Requirements. Upon receiving a Deficiency Notification from City, Vendor shall provide responses to the Deficiency Notification as specified in the table below. City must either provide on-line access to a system where the deficiency can be reproduced or agree to close the problem. First level response shall be within the time frame described in the first column. Second level response, or the response required for deficiency resolution, shall follow the requirements described in the second column. For example, if Vendor is unable to reproduce the deficiency on the most current maintenance release of the Vendor Software, Vendor will advise City to upgrade to the current maintenance release prior to commencing deficiency resolution . Final level response will be provided no less frequently than once a year. 79 Deficiency Classes First Level 1 Second Level2 Final Level Critical 2 hours Constant effort until Finally resolved in relief provided or until next regularly Deficiency reduced to scheduled release. minor status .3 Deficiency remedied within 12 hours after initial notification. Major 4 hours Constant eff011 until Finally resolved in relief provided or until next regularly Deficiency reduced to minor status. 3 scheduled release. Deficiency remedied within 24 hours after initial notification. Minor Three (3) business Deficiency remedied Finally resolved in days within ten (10) next regularly business days scheduled release. Warning One (1) week Deficiency remedied Finally resolved in within two (2) weeks next regularly scheduled release Infonnat · onal One (1) week Deficiency remedied Finally resolved in within four (4) weeks next regularly scheduled release I First level response means that a Vendor engineer or other technical staff will contact Cit) twithin the time frame specified via telephone communication or as otherwise appropriate under the !Circumstances. 2 Second level response means Vendor will provide a workaround, fix, or patch implementing the deficiency correction within the specified time frame which a ll eviates the difficulty but h as not 1Yct been fully tested or incorporated in a release within the Second Level time frame . 3 However, when Vendor is unable to duplicate a deficiency, remedial action cannot iconunence until Vendor h as r eceived mag netic or e lectro nic media and/or access to the related icompu t er syste ms from Licensee exhibiting the e rror, and, in such cases, the schedules set f011h in this Section sh a ll apply only following Vendor's receipt of s uc h media, equipment, and/or access. 11. Patch Distribution and Quality. In all cases where possible, Vendor s hall provide pat ches and workarounds on-line . Vendor shall conduct deficiency c01Tectio n va lid ation tests 80 (on a standard base level system) and regression testing for patch compatibility prior to sending the same to City. 12. Final Level Distribution and Quality. Final level deficiency conections will be distributed via magnetic media . Vendor shall conduct test quality assurance measurements on the Final Level deficiency conection release sufficient to demonstrate that each repo1ted deficiency has been rectified and that the Vendor Software continues to meet the Specifications in all mateiial aspects. 81 See following page SCHEDULE 9.2 PAYMENT SCHEDULE 82 • ~< m .01 u . 9.2 Customer 20 Acceptance of Application 15% Final Acceptance Customer Acknowledges System Acceptance 83 EXHIBIT A NON-DISCLOSURE AGREEMENT THIS NON-DISCLOSURE AGREEMENT, dated , 2006, is between THE CITY OF ENGLEWOOD, COLORADO , a Colorado municipal corporation ("City") and TELE-WORKS , INC . ("Vendor"). W I T N E S S E T H: WHEREAS, Vendor may provide information to City in connection with the busin es s purposes described in Schedule A , attached hereto, (the "Business Purpose") and Vendor desire s City to keep ce11ain of such info1mation confidential ; and WHEREAS, in consideration of the disclosure of such information to City, City is willing to keep such info1mation confidential in accordance with the terms and conditions set fo11h in this Non-Disclo s ure Agreement; NOW, THEREFORE, City and Vendor h ereby agree as follows : 1. Information. As used herein , "Information" shall mean both (i) written infom1ation received by Ci ty from Vendor whi ch is marked or identified as confidential , and (ii ) oral or v isual information identified as confidential at the time of disclosure which is s ummari z ed in writing and provided to City by V endor in such written form promptly after su c h oral or visual disclosure . 2. Confidentiality. City may use lnfom1ation received under this Non-Disclosure Ag reem ent , a nd may prov ide such Infom1ation to its employees and contractors for their use , onl y in conn ec tion w ith th e Business Purpose . City agrees that, subject to the requirements of th e C olorado Ope n Records Act, CRS Section 24-72 -101 et. seq ., for a period of two (2) year from r ece ipt o f ln fo m1 ation , C ity will treat th e Infom1ation with the same degree of care and co nfid ent ia lit y w hi ch C it y pro vid es for simil ar infom1 ation belonging to C ity which C ity do e s not wish d isclosed to th e publi c, but not less th a n rea sonable c are . Th e foregoing sha ll no t prevent City fro m d isc losing In formation which is (i) already know n by City w ith o ut an obligation of confidentiality, (ii) publicly known or b ecomes publ ic ly k nown th rough no unauthori zed act of City, (iii) rightfully received from a third party without obligation of confidentiality, (iv) independently deve loped by City witho ut use of the lnfom1ation, (v) di sc losed without similar restric t ions by Vendor to a third p a11y, (vi) approved by Vendor for di sc lo ure , or ( ii) required to be disclosed pursuant to a req u irem e nt of a governmental agency or law so long as City provides Vendor with timely p rior written no t ice of s uch req u ire me nt. 3. R e turn of Information. Upon comp le t io n of th e Bu si n ess Pu rp ose a nd up o n the written reque t of Vendor, City shall return all copies of th e ln fom1at ion t o V endo r or ce1tify in writing that all copies of the lnfom1ation have been destroyed . City may re turn the Info1111ation, or any part thereof, to Vendor at any time . 4 • • -- 4. Disclaimer of Warranty and Limitation of Liability. Vendor makes no warranty, express or implied, with respect to the Information. Neither party shall be liable to the other hereunder for amounts representing loss of profits, loss of business, or indirect, consequential, exemplary, or punitive damages of the other party in connection with the provision or use of the Information hereunder. 5. No Further Rights. Nothing contained in this Non-Disclosure Agreement shall be construed as granting or conferring any rights by license or otherwise in the Information except as provided hereunder. 6. No Commitment. The parties expressly agree that the provision of Information under this Non-Disclosure Agreement and discussions held in connection with the Business Purpose shall not prevent City from pursuing similar discussions with third parties or obligate City to continue discussions with Vendor or to take , continue or forego any action relating to the Business Purpose. Any estimates or forecasts provided by City to Vendor shall not constitute commitments . 7. Media Releases. All media releases and public announcements or disclosures by Vendor relating to this Non-Disclosure Agreement, its subject matter or the Business Purpose sha11 be coordinated with and approved by City in writing prior to the release thereof. 8. Miscellaneous. Any notices required by this Non-Disclosure Agreement sha11 be given in hand or sent by first class mail to the applicable address set forth in Schedule A. The parties agree that this Non-Disclosure Agreement and any attachments hereto (i) are the complete and exclusive statement between the parties with respect to the protection of the confidentiality of the Information, (ii) supersede all related discussions and other communications between the parties, (iii) may only be modified in writing by authorized representatives of the parties, and (iv) SHALL BE GOVERNED BY THE LAWS, OTHER THAN CHOICE OF LAW RULES, OF THE STATE OF COLORADO . 85 IN WITNESS WHEREOF, City and Vendor have each caused this Non-Disclosure Agreement to be signed and delivered by its duly authorized officer or representative, all as of the date first set forth above . CITY OF ENGLEWOOD, COLORADO By: ______________ _ Title: --------------- ATTEST: City Clerk APPROVED AS TO FORM : City Attorney TELE-WORKS, INC. By: _____________ _ Title:--------------- 86 SCHEDULE A BUSINESS PURPOSE AND NOTICES Business Purpose: The project is defined as the installation and configuration of a customized and comprehensive telephony and web platform for inbound and outbound technology, eVision, by Tele-Works, Inc. at the City of Englewood, Colorado (the City). The project as outlined in the Scope of Work encompasses all aspects of the City's implementation of eVision. eVision will be installed and configured to meet the Parks and Recreation and outbound communications needs as identified by Exhibit 2 and the City through their due diligence process. Addresses for Notices: City: with a copy to: Vendor: City of Englewood, Colorado 1000 Englewood Pkwy Englewood, CO 80110 Attn: Don Ingle, Director of IT Office of the City Attorney City of Englewood, Colorado 1000 Englewood Pkwy Englewood, CO 80110 Tele-Works, Inc . PO BoxM Blacksburg, VA 24060 Attn: Elaine T. 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(_ COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 1, 2006 9 C iv Procurement Agreement with Tele-Works, Inc. - e-Services System Initiated By: Staff Source: Department of Information Technology Don Ingle , IT Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • In 2002, Council adopted the Strategic Information Systems Plan (SISP) identifying the goal of applying technology to enhance citizen information and participation, while improving City service delivery and efficiency. • During the replacement of critical business systems (e.g. Financial, Recreation, Utility Billing, Permits, Municipal Court, etc.), the Plan calls for the selection of technologies that facilitate on- line services, where appropriate. Systems have been selected that include the ability to integrate with on-line services. • In the 2006 MYCP, funds were approved for the purchase of an integrated Electronic Services platform to establish a base system for prov iding Internet and telephone-based electronic services. Funds were also approved in the 2005 MYCP, and carried ove r to 2006, for implementation of the on-line Recreation Registration capability. • This e-Services concept and agreement were discussed at the April 10, 2006 Council Study Session . RECOMMENDED ACTION It is recommended that Council approve, by Resolution , an integrated Procurement Agreement w ith Tele-Works, Inc. of Blacksburg, Virginia for the purchase and implementation of an e-Services platform for web and t elephony-based electronic services. This request is made w ith an acco mpany in g Sole Source recommendation for Council consideration. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED An important objective of the City's technology investment program has been to set a solid fo undation for providing new on-line information and services to Englewood 's wide array of customers. Where only ten years ago the Internet was still a relative novelty used to obtain more in c idental informa ti on and services, t oday th e web is an increasingly "non-discretionary " means of transa c ting business and becoming informed. Since th e replacement of the City's numerous 20 + year-o ld core business systems beginning in 2002, a key se lection cri t erion for the se systems (including financial , human resources, municipal cou rt , permits, utility billing, and others) has been their ability to easily and securely accommodate elec tr onic transactions. Additionally, a major milestone was reached in May 2005 when the City "went Ii e" wi th a new city government website that, in addition to providing a much better design and e panded content, has the capability of serving as the "engine" for new web-based services . Attached is a memorandum with our Sole Source recommendation for the selection of Tele-Works to supply the base platform and Recreation Registration application for our initial e-Services efforts. Recognizing that avoiding a "digital divide " -wherein digital access is only av ailable to those who have Internet access at home or at work -is a key goal, we made the conscious effort to seek an e- Services platform that also offered ubiquitous telephony capabilities that integrate seamlessly with parallel web services . For example, we found Tele-Works well-versed in providing the capability for customers to register and pa y for recreation classes via the Internet or using a telephone, with the same information and processing engine running in the background for both. The attached integrated Procurement Agreement with Tele -Works was negotiated using the City's detailed boilerplate for technology contracts and with the active assistance of the City's outside technology attorney, Terry Maher of Baird Holm, LLC. Contract negotiations were focused on ensuring vendor performance (e .g. performance bonding and other non-performance fallbacks like acceptance testing criteria and payment retainage), the inclusion of special indemnification language for areas such as patent and trade terms unique to the e-Services market, system security and confidentiality, and favorable costing facilitated in part through the City 's membership in the non-profit Innovations Group consortium which partners with Tele-Works. In addition to general implementation and support services , the procurement includes the following key elements: • The integrated e-Services platform for prov iding information from our systems in a web- enabled or telephone-based format, including special text-to-speech software that facilitates the latter. • Special hardware interfaces to our applications and telephone systems. • A secure ePa yment module for processing financial transactions . • A "FirstResponder" module to be used for automated "outcalling" to customers for special announcements (e.g. cancellation of Recreation events due to inclement weather, etc.). • And, the custom 0 r-facing application to make it possible to register, review and pay for Englewood Recr ea don classes over the Internet or by telephone. It is important to note that this Tele-Works platform will serve as the basis for other e-Services in the future. Though we will need to pay for the user-facing applications to provide future access for serv ices such as permits, parking ticket pa y ment and utility bill paying, the Tele-Works core platform being proc ured under this c ontract is sized to serv e as the foundation for these future uses. FINANCIAL IMPACT Targe t ed fu nds are ava il able in th e Informat ion Technology MYC P b ud ge t t o und ert ak e th is p roject: D igit al Serv ice -IVR Pl atform (w / o utca llin g) -e-Payme nt s Pl atform -Recrea t ion Regi stration A p pl ica ti o n -Implemen tation and Training -Di aun t Total 1" Y ar Annual upport O&M • Con t rac t Cos t Budgeted $ 58 ,000 $ 17,000 $ 30,000 $ 2,000 < $ 5,000 > $102 ,000 $ 11 0,000 $ 15 ,3 00 • • ' • ( * The contract was negotiated to include the 1 •1 year of support costs at no cost to the Ci ty (starting from the date of system acceptance). Staff will be working with Finance to develop an allocation model for distribution of O&M costs between user departments after the first year of operation. LIST OF ATTACHMENTS Procurement Agreement with Tele-Works, Inc. Sole Source recommendation memo TO: City Council Department of Information Technology Memorandum THRU : Gary Sears, City Manager Don Ingle, IT Director April 19 , 2006 FR: DATE : SUBJECT : Sole Source Recommendation -Tele-Works e-Services System Agreement Overview The purpose of this memo is to provide documentation for stafrs recommendation that Council execute an agreement with Tele-Works Inc . under the City's Sole Source procurement provisions citing a special market condition. Analysis The criteria that have been determined to be necessary for a successful and cost-effective eServices project are summarized as follows: • The solution must be able to efficiently and effectively integrate with current municipal government systems used by the City, with evidence of successful live operation in other jurisdictions, including but are not limited to: o Vennont Systems ' "RecTrac " Recreation Registration System used by our Parks and Recreation Department. o The CR W "Traklt" Permits , Licensing and Code Enforcement system used by multiple departments in the City. o The PCSS "JEMS" Court Case Management System used by our Municipal Court. • The solution must offer accessibility via the Internet and standard telephony technologies, and include the ability to provision information and services from one electronic source. • The solution must be able to deliver information in real time. • The solution must offer technology that does not require duplication of effort when updating the web, telephone and fax modules. • The solution must offer equal access to di sa bled citizens. • The so luti on must meet industry standards and best practices for Internet and telephony security . • The so luti on must be scalab le to incorporate additional capabilities as new on-line applications are added . • T he so luti on must be customizable to accommodate unique City business processes. • The cost for the base product and the Parks and Recreation module should not exceed $110,000 . (Note : $1 I 0 ,000 is budgeted in the MYCP for this project .) Staff ha affirmed thro ugh product research and interaction with numerou s other Colorado cities and counties that the eServ ic es prod ucts and serv ices offered by Tele-Works, Inc . are unique in the marketplace with respect to the City' e ervices technology and operating needs noted above . Tele-works has the copyright for technology that allow a sing le point of data entry to modify Web, fax and telephone information, obviating th e need for dupli cate tems as with other products . They have been proacti ve in working with our exi ting busine s ystem vendors uch as Vermont Sy terns, C RW and PC S in developing eService interface . The la c k of competing vendor that have created these interfaces en ures that we have .. tried and te ted " technologies in place and that the City will not be required to invest in a top-down eServices development effort for each of these on-line solutions. Our research has failed to reveal other vendors capable of meeting our requirements . Other municipalities and counties were contacted and were cooperative in sharing information. Among these are the following Colorado jurisdictions that have affirmed their own procurement of Tele-Works ' products and services based on single source recommendations: • City of Boulder • City of Broomfield • Commerce City • City of Durango • City of Pueblo • City of Thornton • La Plata County • Summit County The City of Fort Collins also has a pending sole source recommendation with their Council to contract with Tele-Works. Following is further analysis in support of a Sole Source recommendation based on "Product" and ·'Vendor" considerations. Product -Hardware Tele-Works ' products are not proprietary-based systems as is prevalent in this market space: however Tele- Works systems are specified higher than standard office-grade computer architecture and components . All of Tele-Works' systems are what is tenned "passive backplane industrial-grade" computers with industrial-strength components. This allows fault-tolerant 24-7-365-operation as well as maintenance/upgrades to be simplified and cost-effective on or off-site. Importantly, the hardware is a combined telephony and Web server to facilitate communication channels. The expansion capabilities of the product allow integration with other installed systems (current and future) that the City is , or plans to , implement down the road. A single Tele-works platform can host multiple City applications such as recreation , court, utility billing and permits. Additional unique Tele-Works application s are also accommodated , including FirstResponder (included in our contract and designed for automated notifications) or Automated Customer Information System/Frequently Asked Questions/311 (for community information and messaging -not included in this procurement but under consideration for future use). This combined module hosting is another efficiency point that our re se arch indicates di stingui shes Tele-Works in the industry . Product -Software Our re earch indicated that no other vendor has developed , tested and optimized enhancements for local gove rnment applications in the same manner, or to the same degree, as Tele-Works . Tele-Works has developed man y applications in areas of interest to Englewood (recreation , permits, court. and utilities) that can run imultaneously or stand-al o ne . They have done so by partnering with the specific vendor software products we u e . The combination of the e enhancements makes the software package unique among competitors . Below is an additional li st of software qualifiers for Tele-Works that support a sole source recommendation. 1. Tele-Works appear to have developed the only computer based Automated Text Information ommun icato r (A TIC) to pro ide equal access to automated information for deaf, hard of hearing and ph y ically handicapped citi zens using TDD and ASCII t. pe devices, as required by the American with .. \ Disabilities Act. 2. Tele-Works Voice Response (TVR) is part ofa unique, interactive eGovernment solution that integrates with parallel web solutions. Integration programming is custom developed/designed for each customer due to the variety of network protocols, back office data solutions and service objectives of each . 3. Tele-Works formalizes integration agreements to provide clients a more seamless integration between Tele- Works products and back office data repositories. This allows Tele-Works enterprise software to be shared across the organization from one department to the next thereby lowering the total cost of ownership. For example, the Tele-Works ePayment Module can transact business for an entire organization and provide consolidated reconciliation reports. This is unlike a department-level payment solution that only operates within a silo, fragments financial information and essentially performs duplicative tasks as other solutions in departments. Moreover, due to this combination of integrations, Tele-Works appears to offer the only single sign-on and payment solution for multiple and disparate billable-accounts in a single transaction view via the Citi-ID citizen-service portal , a capability under consideration for the future . Services The following service categories have proven to be unique and economical given their inclusion in the base products offered by Tele-Works and are equally unique to municipal government operations. I. Over the years, Tele-Works has gathered lnformation regarding citizens most frequently asked questions. Tele-Works' has a package of nearly 1,000 informational message templates in fill-in-the-blank format. These templates are a unique offering included as part of our turnkey package that directly affects product implementation . Using these templates, customers have indicated that they have saved many hours of drafting and editing messages developed from scratch. These templates assure that the inforn1ation provided has a consistent fonnat and flow. 2. Tele-Works also includes in its services a comprehensive Marketing Plan that describes the most effective ways to market a new eServices system internally and externally. The Marketing Plan is essentially a step-by - step, "How to ... " compilation of how cities have successfully marketed their systems. Tele-Works includes the design of customized , camera-ready brochures for eServices system. This brochure is then printed and distributed to citizens. The Web Brochure posts the same information in a camera-ready brochure on the World Wide Web. Vendor Tele-Works has stated that their business plan is to remain open to the entire local government data and processing market so that their technology can be leveraged repetiti ve ly without duplicative purchases. Even if a database shou ld be changed in the future , many of the core Tele-Works investments remain in tact whereas in an exclusive partnership, the front-end com ponents are lost. This can be especially problematic to maintaining repeat visitations when the citizenry ha s become familiar wi th how the system works. As a result, Tele-Works is not proprietary or exc lu sive to any oth er back-office business so luti on/ve ndor. O ur research indi ca tes that Tele-Works' system s are n ot hy bridize d bu s ine ss applications modified for loca l gove rnm e nt use . Tele-Works operates exclusively in th e local government market. Governments are inherently different than bu si nesses w ith unique challen ges and need s. Not only are the organi zati o n s differe nt , but also th e custom e rs th ey se rve . The citizen-customers of governm e nt can be m o re dy nami c and va ri ed. In a dditi on, gove rnme nt s cann ot c h oose th ei r c usto me rs lik e bu si nesses. Therefore, we have fo und that this product uniquely addres e these unique c ha ll enges a nd needs . Tele-Works products have been purchased through both so le source and competitive bid ituations. In the compcti t i e bid examples we have reviewed, the results from other juri diction indicate that RFP-proces e can range from Tele-Works being the only respon e received , to being the only firm that sati fie all RFP requirements . Finally, for a number of years the City of Englewood has been a member of The Innovation Groups (IG), a non- profit research cooperative for U.S . cities and counties. Occasionally, IG will identify vendors that provide truly unique products and services for local government, and foster the availability of special terms for purchases from these companies. Tele-Works is the only such company identified by IG for the procurement of eServices solutions given its unique product and service offerings in the area of web/telephony integration. As a result, the City of Englewood is receiving a $5 ,000 discount in the Tele-Works contract for its membership in Innovation Groups. BAI RD HOLM'" ATTOl'lNIE:YS AT LAW MEMORANDUM ATTORNEY-CLIENT PRIVILEGE TO: Daniel L. Brotzman, Esq. Nancy Reid, Esq. FROM: Terrence P. Maher DATE: April 24, 2006 RE: TeleWorks -System Procurement Agreement Terrence P. Maher 1500 Woodmen Tower O maha, Nebraska 68102-2068 Tel : 402 .344.0500 Fax: 402.231.8554 Direct: 402 .636 .8297 tmaher@bairdholm .com www .b:urdholm.com We have recently finished the review and revision of the System Procurement Agreement, including attachments and schedules, between the city and TeleWorks . We have engaged in extensive negotiations with TeleWorks and believe that the agreements which have resulted from these negotiations adequately protect the city's interests in this procurement. We believe we have made significant progress and received significant concessions from TeleWorks on their original positions regarding the city's responsibilities to cooperate with TeleWorks in the implementation of the web voice response web-application system contemplated under the agreement, the timeliness of delivery of the services, acceptance testing, warranties, liability and indemnity. We believe that the provisions contained in the final agreements are consistent with what we could expect from other vendors in a similar project. Don Ingle has negotiated a payment schedule, which will substantially mitigate the city's risks of entering into the agreements. The city has been working directly with TeleWorks on the Statement of Work . We have reviewed the Statement of Work and believe that it is complete . We believe the agreements are in acceptable form for presentment to the council. tpm cc : Don Ingle COUNCIL COMMUNICATION Date: Agenda Item: Subject: M ay 1, 2006 11 a i Redemption and Sale of 3030 South Sherman acquired thro ugh th e Housing Rehabilitation Fund Initiated By: Staff Source: C o mmunity Dev elopment D epartment Jan et Grimmett, Housing Finance Special ist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed Ordinance No. 23, Series 1999 accepting assignment from the Engle w ood Housing Authority of all rights , assets and liabilities asso ci ated w ith the Housing Rehabilitation Loan Program and also passed Ordinance No. 26, Series , 19 9 9 amendin g Titl e 4, Chapter 3, by the addition of a new Section 13 entitled "Housing Rehabilitation Fund ". In 200 5, Coun c il passed four o rdinan c es approv in g redempti o n and sale of four oth e r properties ac quired thro ugh the fo recl o sur e proces s. RECOMMENDED ACTION Th e C o mmunity D eve lo pm ent D epar tm ent reco mm ends Coun cil ad o pt a Bill fo r an Ordin ance fo r the redemption and subs equ ent sale of 3030 South Sh erman Stre et (a si n gle-famil y h o me) acquired th ro ugh th e fo recl osur e proce ss as d efin ed by C o lo rado Stat e Statut es. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Th e H o usin g Rehabil itati o n Prog ram was c rea ted in 1976 by th e C ity of En glewood t o pres erve th e ex istin g h o u sin g st ock in En glewood and t o also address th e problems th at ho m eown ers ex p eri ence w ith th e fi n anc in g of m aj o r ho use ho ld improvem en ts. The City Atto rn ey requi red th at th e new Housing Rehab Program not be administered directly by the City to avoid any conflic ts wi th a St ate Statute that prohibited any municipal government from making loans to its citizens. It was decided to us e the Englewood Housing Authority (E HA) as the con duit to manage and operate the Program . The legal au thority to operate and manage the Rehab Program was assigned to the City in 1999 through an agreement with t he EHA. It was determined at that time that t he Prog ram an d c ity staff shou ld be under the direct managemen t of the Communi ty Develop m ent D irector. In ord er t o avoi d any conflict with Colorado State Statutes, an en t erprise fund was created under T A BOR regulations known as t he Housing Rehabi lita t ion Fund (Fund). The Rehab Program retained its own funding sources d es ignated as Fund 45 and Fund 46 that are used to support the opera t ions of the Program. - One of the functions of the Fund is to redeem properties that ha ve gone through the foreclosure process. The Housing Rehabilitation Loan Program approv es home improv ement loans that are secured by deeds of trust, generally as second or third mortgages (junior liens). The procedures of the Program require staff to ha v e all foreclosures reviewed by the Rehab Loan Committee (RLC) after the property has been sold at a public sale . The RLC consists of three members, currently: 1) Jeannette Espinoza, Englewood Branch Manager, Vectra Bank; 2) Jennifer Nolan, Accountant, City of Englewood Accounting Department; and 3) Beatrice Lane , low-income homeowner and Englewood resident. The foreclosure process is the primary tool for lenders to use to insure repayment of their loans. When a homeowner defaults , the lien holder is able to initiate the foreclosure process to collect the monies that are owed to them. This process is started by filing the required legal documents with the Public Trustee's Office. This filing triggers a whole sequence of events that is dictated by state statutes. The Public Trustee will set a Public Sale date for the property and publish this information in a newspaper of general circulation for a minimum of four weeks. Each recorded lien holder receives a copy of that advertisement as well as a Public Trustee's Notice of Rights to Cure or Redeem. Each junior lien holder must file a Notice of Intention to Redeem within 60 days of the Public Sale date if they are interested in redeeming the property to collect their own indebtedness. If the Intention to Redeem is not filed, then the lien holder loses their rights under the deed of trust provisions and the property is no longer collateral for their loan. The homeow ner can cure the default any time from the initial notification through the 75-day p eriod following the Public Sale . This time frame represents approximately a four-month time period. If th e homeow ner redeems the property, th en the foreclosure process is ended and there is nothing the junior lien holder is required to do. All liens remain in full effect. If the homeowner does not redeem within the 75 -da y time period, the first junior lien holder has 10 da y s from that date to act on their Intention to Redeem and to pa y the Public Trustee 's Office the total redemption amount in certified funds . Each subsequent junior lien holder then has 5 da ys in which to redeem . This means that a junior lien holder will not know if they need to act on their Intention to Redeem until the homeowner's redemption period has expired and then only w hen notified by the Publi c Truste e as to the amount neces sar y to rede em the property. Given th e very short time fram es of the juni o r li en ho lder redemption period, proper ti es rede emed th ro ugh th e H o using Rehab Pro gram are always brou ght to the Coun c il after the fact for ordinance approva l. Section 72 of th e Hom e Rul e Charter requires that real property m ay be sold, but only b y ordinance, not using th e emerge ncy provision . Each property is brought before Council as ear ly in the process as possib l e so that marketing efforts can begin. This process wi ll expedite the subsequent sale and closing of the property. Th e initial foreclosure notifi ca tion for 3030 South Sherman Street was recei ve d in May 2005. The R hab loan was a deferred loan using monies from Arapahoe County CDBG and HOME programs. The Publi Sale was origina ll y se t fo r June 29, 2005 , bu t was con t inued until D ecember 28, 2005. Th property was so ld back t o the first mortgagee who had initiated th e foreclosure . The RLC was co nsulted at their February 2005 meeting, and th ey recommended filing the Intention to Redeem no ti ce wi th th e Public Trustee's Office. That notice was filed lat er in February. The homeowner's flnal re demption date was Marc h 13 , 2006. As the second mort gagee, the City of Englewood was n o tifi e d on Mar h 14, 2006 by th e Public Trustee 's Offi ce of the amount needed to redeem th e property n later th an March 23, 2006. A wire transfer from the Housing Rehabil i tati on Fund 46 was ent o n March 23, 2006 to the Publi c Trustee's Office. t ---.-.....=~illiiil.iiiii,.----~---------~~~-~-------------, . \ l . A third and fourth mortgagee had filed their own Intents to Redeem with the Public Trustee's Office. The third mortgagee had until March 28, 2006 to act on their Intent to Redeem and wire funds to the Public Trustee's Office. The fourth mortgagee had until April 3, 2006 to act on their Intent to Redeem and wire funds to the Public Trustee's Office. On April 10, it became known that neither the third or fourth mortgagee acted on the Intent to Redeem. A letter was hand delivered on April 11 requesting that a Public Trustee 's deed be issued in the name of the City of Englewood- Housing Rehabilitation Fund. The redeemed property will be sold to a private owner-occupied party who has secured their own financing. The funds that were used to redeem the property will be returned to the Housing Rehabilitation Fund 46 when the property is sold. If an offer to purchase the property is received from any City of Englewood employee, their family members, or any business in which a City employee has a financial interest, then staff will submit the offer to City Council for approval of the sale. FINANCIAL IMPACT Fund 46 will cover all costs of the redemption and the subsequent sale of 3030 South Sherman Street. There are no other financial impacts to the City. LIST OF ATTACHMENTS Notice of Intention to Redeem and Affidavit of Amount Owed Letter requesting deed for 3030 South Sherman Street Bill for an Ordinance NOTICE OF INTENTION TO REDEEM AND AFFIDAVIT OF AMOUNT OWED TO THE PUBLIC TRUSTEE OF THE County of Arapahoe, Slate of Colorado Information Regarding Public Trustee's Foreclosure Sale : Public Trustee 's Sale Number Date of Sale Last Day of Owner's Redemption Period . Date of Deed of Trust 1272-2005 December 28, 2005 March 13 , 2006 August 14, 2002 Grantor of Deed of Trust Original Beneficiary of Deed of Trust Reference Nos. of Recorded Deed of Trust Michelle L. Pedersen and Michael Pedersen Jr. Option One Mortgage Corporation B2152750 Information Regarding Right to Redeem : Name of Redemptioner Address and Phone No . of Redemptioner City of Englewood-Housing Rehabilitation Fw1d 1000 Englewood Pkwy, Englewood, CO 80110 303. 762 .2349 Lien or Encumbrance Entitling the Undersigned to Redeem Date of Recording Lien or Encwnbrance County of Recording Reference Nos . of Recorded Lien Deed of Trust April27,2004 Arapalloe B4075769 • Y ou are hereby notified that the undersigned intends to redeem the property sold by you at the public Trustee 's Sale described above. The undersigned is entitled to redeem as the owner oftl1e lien or encumbr ance described above. You are further notified that the amount owed on the lien or encumbrance evidenced b y the attached instrumenl(s) is as follo ws: Principal Administrative Fees (inc. late charges) Legal Fees Interest to End of Owner's Redemption Period Total $25,000 .00 60.00 2,378.47 $27 ,438.47 Per Diem Interest After End of Owner's Redemption Period : $3.4722 I certify that the abo v e amounts are correct to the best of m y kn ow ledge . City of Englewood -Housing Rehabilitation Fund '\ byR~~ Phone: 303.762.2349 303.783.6895 Fax This affidavit. is subscribed and sworn to before me this kapaho~,\Stat'e; ~£ Colorado . .. :..,-'\"' '\ ··· ... ~.; .. -;-.. t.:.._: • I ' J Witness my hand·anci:seal. My 'commis~iop; ~xpir~ Sept. 22, 2009 , , r; : .. \,. 1 '·' : r\ / . .· (~ .. . .... . ; . ' ,' ~ • Atta~hed is a irue .:0d correct copy of the recorded instrument Date : February 13, 2006 13 th day of February, 2006, in the Co un ty of ( C T y 0 F COMMUNITY April 11, 2006 Arapahoe County Public Trustee 2329 W . Main St, Suite 100 Littleton, CO 80120 To Whom It May Concern : {' ENGLEWOOD DEVELOPMENT (hand delivered) As a result of redeeming the Public Trustee 's Foreclosure Sale No. 1272-2 005, please issue a Public Trustee 's Deed to : City of Englewood -Housing Rehabilitation Fund 1000 Englewood Parkway Englewood, CO 80110-23 73 Enclosed is $36 .00 to cover the cost of issuing the Deed for the property located at 3030 South Sherman Street, Englewood, CO 80113. Please let me know if you have any questions. Sincerely, 9LU.,,t Jfi .c_ l{Ac,Wsi ~~ Janet M. Grimmett / Housing Finance Specialist Enclosure - ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 11 INTRODUCED BY COUNCIL MEMBER~~~~~~ A BILL FOR AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF A HOUSING REHABILITATION PROPERTY LOCATED AT 3030 SOUTH SHERMAN STREET IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council of the City of Englewood accepted assignment from the Englewood Housing Authority of all rights, assets and liabilities associated with the Housing Rehabilitation Loan Program by the passage of Ordinance No. 23, Series 1999; and WHEREAS, Englewood City Council authorized amending Title, 4, Chapter 3, with the addition of a new Section 13 entitled "Housing Rehabilitation Fund" by the passage of Ordinance No. 26, Series 1999; and • WHEREAS, the Englewood Housing 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 approves home improvement loans that are secured by deeds of trust recorded on the property representing generally second or third mortgages ; and WHEREAS, occasionally homeowners default on their loans and the lien holder initiates the foreclosure process by filing the required documents with the Public Trustee's Office; and WHEREAS, the property located at 3030 South Sherman Street has a Rehabilitation Loan with the City holding a second mortgage; and WHEREAS, this property went to public sale on December 28, 2005, and the property was sold back to the first mortgagee who initiated the foreclosure; and WHEREAS, the Englewood Rehab Loan Committee was consulted at their February, 2006 meeting and they recommended filing the Intent to Redeem Notice with the public Trustee's Office; and WHEREAS, the homeowner failed to redeem the property, within their 75-day redemption period; and WHEREAS, the City (the second mortgagee) was notified on March 14 , 2006 of the amount needed to redeem the property no later than March 23, 2006; and WHEREAS, the City redeemed the property on March 23, 2006 and requested on April 11 , 2006 that the deed be issued to the City of Englewood Housing Rehabilitation Fund; and WHEREAS, the redeemed property located at 3030 South Sherman Street 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 off er 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 I . 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 3030 South Sherman Street. 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 3030 South Sherman Street, Englewood, Colorado pursuant to Section 71 of the Englewood City Charter. Introduced, read in full, and passed on first reading on the 1st day of May, 2006. Published as a Bill for an Ordinance on the 5th day of May, 2006 . Olga W olosyn , 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 1st day of May , 2006 . Lou crish ia A . Ell is COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 1, 2006 11 a ii IGA regarding the 2006 CDBG Program Initiated By: Staff Source: Community Development Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed Ordinance No. 39, Series of 1994, that was extended by Amendment No. 3 dated June 26, 2003 relating to participation in the Urban County Entitlement Program for CDBG and HOME funds for 2004 through 2006 ; and, passage of Resolution No. 78, Series of 2005 supporting Housing and Community Development that authorized submitting applications for 2006 CDBG funding. RECOMMENDED ACTION Recommendation to approve a Bill for an Ordinance authorizing the execution of three Intergov ernmental SubGrantee Agre ements for the 2006 Arapahoe County Community Deve lopment Block Grant Pr og ram between the Arapahoe Board of County Commissioners and the City of Englewood . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Federal Community De ve lopment Block Grant (CDBG) Program provides grants to units of local government and urban counties to m ee t housing and community dev elopment needs. The obj ec ti ve of the Program is achieved through projects de ve loped by the local gove rnment that are designed t o give priority to those activities that benefit low-and moderate-income families . Funds are all ocated by statutory formula t o eac h entitlement area . Arapahoe County is an approved en titl eme nt area. The grant funds are distributed by Arapahoe County to each participating city w ithin the county. For FY2006 , funds are approved to support th e following projec ts: 1. $75 ,000 for the Housing Rehabilitation Project (including the Handy man Proje c t ) to administer, monitor, rehabilitate and /or repair 5 low-income owner-occupied h omes sca tte red throughout the City; ., $33 ,7 88 for the House of H o pe Project to assist wi th staffi ng for 2 employees; 3. $60,000 for th e Hom eown er Fix-Up Proje c t to administer, monitor and prov ide grants to improve th e vis ual appearance of 14 low-income owner-occupied hom es wi thin designated neighborhoods in the City ; FINANCIAL IMPACT The existing employees in Community Development are available to administer the projects and their salaries and benefits are part of the City's contribution. The City will utilize a portion of the CDBG funding from the Housing Rehabilitation and the Homeowner Fix-Up Project (est. $11,500) to partially offset the costs of those salaries and benefits. LIST OF ATTACHMENTS Bill for an Ordinance. ORDINANCE NO . SERIES OF 2006 ) /tli BY AUTHORITY COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF THREE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2006 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 project by the City of Englewood known as the "Housing Rehabilitation Project" has been categorized as a rehabilitation activity; and WHEREAS, the project by the City of Englewood known as the "Homeowner Fix-Up Project" has been categorized as a housing rehabilitation project for low-income owner- occupied homes within designated neighborhoods in the City; and WHEREAS, the project by the City of Englewood known as the "Housing Rehabilitation Project" has been categorized as a rehabilitation activity; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Subgrantee Agreement for the 2006 Arapahoe County Community Development Block Grant-Housing Rehabilitation Project, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2 . The Subgrantee Agreement for the 2006 Arapahoe County Community Development Block Grant -Homeowner Fix-Up Project, attached hereby as Exhibit B , is hereby accepted and approved by the Englewood City Council. Section 3. The Subgrantee Agreement for 2006 Arapahoe County Community Development Block Grant -House of Hope Project, attached hereto as Exhibit C, is hereby accepted and approved by the Englewood City Council. Section 4 . 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 5. 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 1" day of May, 2006. Published as a Bill for an Ordinance on the 5th day of May, 2006. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, 'read in full, and passed on first reading on the 1st day of May, 2006 . Loucrishia A. Ellis SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOUSING REHABILITATION PROJECT NUMBER: ENHS 615 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Conununity Development Block Grant Program in the Conununity Resources Depruiment (hereinafter refen-ed to as the County) and the City of Englewood (hereinafter refen-ed to as the SubGrantee) for the conduct of a Conmmnity Development Block Grru1t (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing ru1d Conmmnity Development Act of 1974, as runended, and of the Conununity Development Block Grant (CDBG) Pro grain under this Title is the development of viable urban communities, by providing decent housing, a suitable living enviromnent and expanding economic opportunities, principally for low and moderate income persons. The project by the SubGrantee known as tl1e Housing Rehabilitation Project (Project) has been categorized as a Single Fainily Housing Rehabilitation project ru1d the SubGrantee will maintain documentation with the national objective of Low/Moderate Income Housing activities. The SubGrru1tee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed" from the County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provisions outline the scope of the work to be completed: The SubGrantee will utilize CDBG funding to provide low interest loans and/or grants to income eligible homeowners for health and safety related home improvements. Typical improvements may include (but are not necessruily limited to) plumbing, electrical systems, roofs, ru1d HVAC work. A. Pa)ment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $75,000.00 . Drawdowns for the payment of eligib le expenses shall be made against the line item budgets specified in the Project Budget and in accordru1ce with perfo1111ance clitelia establ ished in Section 11-C. The pruiies expressly recognize that the SubGrantee is to be paid with CDBG funds received from the federal government, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds. 1 - I!! X H I B I T A In the event that said funds, or any part thereof, are, or become, unavailable, then the County may inunediately tenninate 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 cun-ent 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 reve1i to the County and be utilized for other purposes. B. Timeline All Project activities will be completed by May 31, 2007 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 ciiteria listed below are to be met during the execution of the Project. 1. Quantifiable Goals: 111e SubGrantee will provide five (5) home improvement loans or grants to income eligible Englewood homeowners. All improvements funded under this grant are to be perfom1ed in compliance with applicable local or industry codes and standards. 2. Community Impact: Affordable housing -stability and housing quality 3. Quarterly Perfonnance Standards: June 30, 2006: September 30, 2006: December 31, 2006: March 31, 2007: May 31, 2007: D. Reporting Requirements No requirements established Market program, interview potential clients Provide one (1) rehabilitation loan/grant Interview potential clients Provide two (2) rehabilitation loans/grants Provide two (2) rehabilitation loans/grants Complete all renovations funded by project Submit final drawdown and completion report to County 2 l - 1. Project rep01ts will be due within one month following the end of each calendar year qua1ter (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 detennined that: Project activities do not require compliance with federal labor standards. F. Environmental Review Notwithstanding any provision of this Agreement, the patties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such conunitment of funds or approval may occur only upon satisfactmy completion of environmental review and receipt by Arapahoe County of a release of funds from the U .S. Depattment of Housing and Urban Development under 24 CFR Part 58. The patties further agree that the provision of any funds to the project is conditioned on Arapahoe County's dete1111ination to proceed with, modify, or cancel the project based on the results of a subsequent envirom11ental review. G. Uniform Relocation Act (URA) Project activities do not require compliance with the Uniform Relocation Act. H. Lead Based Paint The maximum CDBG investment per house renovated under this project may not exceed $24,999. This amount includes at1y CDBG funding used for project based administrative expenses. The SubGrantee will comply with all other County, state and federal policies , guidelines and requirements related to minimizing lead hazards in residential prope1ties, including 24 CFR Part 35 at1d Colorado Regulation Number 19. III. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all provisions of the grant agreements received from the U.S. Depattment of Housing and Urban Development (HUD) by the County. These include but are not limited to compliance with the provisions of the Housing and Conmrnnity Development Act of 1974 and all rnles, regulations, guidelines and circulars promulgated by the va1ious federal depa1tments, agencies, administrations 3 and conunissions 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 Conununity Development Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Publ ic Law 90-2 84 , and Executive Order 11 063; 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 opp01tunity and minority business enterp1ise 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-1 2 2 . 16. Conflict of Interest: (a) Applicability. In the procw-ement of prope1ty and services by participating jmisdiction, State recipients, and subrecipients, the conflict of interest pro v ision in 24 CFR 85.36 and 24 CFR 84.42 , respectively, apply . In all cases not governed by 24 CFR 85.36 and 24 CFR 84.42 , the provisions of this section apply. (b) Conflicts prohibited . No persons desc1ibed in paragraph (c) of this section who exercise or who have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision making process or gain inside infonnation with regard to these activities , may obtain a financial interest or benefit from a CD BG-assisted activity, or h av e an interest in any contract, subcontract or agreement with respect thereto , or the proceeds there under, either for themselves or those with whom they have famil y or business ties, du1ing their tenure or for one year thereafter. ( c) Persons cov ered. The conflict of interest provisions of paragraph (b) of this secti on ap ply to any p er so n who is an empl oyee, agent , con sult a nt, officer or el ected official or ap poi nte d official of the participati ng j uris diction, State recipient, or subrecipient which are receiving CDBG fu nds. (d) Exceptions: Thresh old requ irements. Upon the written request of the participating j urisd iction, HUD may grant an exception to the provisions of paragraph (b) of this sectio n on a case-b y-case b asis wh en it d etenni nes th at th e exceptio n will serve to furth er th e purpose of th e CDBG Inv estm ent P artn ershi p Program and the effective and efficient admi nistration of th e p a11i cip atin g jmisdiction 's program or project. An except ion m ay be cons id ered o nly after th e pai1icipating j u1 isdiction has provi d ed th e fo ll owing: 4 (1) A disclosure of the nature of the conflict, accompanied by an as s urance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the participating jurisdiction's or State recipient 's attorney that the interest for which the exemption is sought would not v iolate State or local Jaw. (e) Factors to be considered for exemption . In determining whether to grant a requested exception after the pa1ticipating jmisdiction has satisfactorily met the requirements of paragraph (d) of this section, HUD will consider the cumulative effect of the following factors, where applicable: (1) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether the person affected is a member of a group or class of low income persons intended to be the beneficiaiies of the assisted activity and the exception will pe1mit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (3) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (4) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (c) of this section; (5) Whether undue hardship will result either to the participating jmisdiction or the person affected when w eighed aga inst the public interest served by avoiding the prohibited conflict; and (6) Any other relevant considerations. (f) Owners and Developers. (1) No owner, developer or sponsor of a project assisted with CDBG funds (or officer, employee, agent, elected or appointed official or consultai1t of the owner, developer or sponsor) whether p1ivate, for-profit or non-profit (including a conununity housing development orgai1ization (CHDO) when acting as an owner, developer or sponsor) may occupy a CDBG-assisted affordable housing unit in a project. This provision does not apply to an individual who receives C DBG funds to acquire or r eh abilita te his or h er plincipal resi den ce or t o an employee or agent of th e owner or d evelop er of a rental housing project who occupies a housing unit as the project manager or maintenai1ce worker. (2) Exceptions. Upon written request of a housing owner or developer, the patticipating jmisdiction ( or State recipient, if au thorized by the State paiticipating jmisdiction) may grant an excep tio n to th e provisions of paragraph (f) (1 ) of this sectio n on a case-by-case basis wh en it d etennin es that th e exceptio n w ill serve to further th e p urpose of th e C D BG prograin and the effective and efficient administration of th e owner's or develop er's CDBG-assisted project. In detennining whether to grant a requested exception, the participating jurisdiction shall consider the following factors: 5 (i)Whether the person receiving the benefit is a member of a group or class oflow-income persons intended to be the beneficiaries of the assisted housing, and the exception will pennit such person to receive generally the same interests or benefits as are being made available or provide to the group or class; (ii)Whether the person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted housing in question; (iii) Whether the tenant protection requirements of Sec. 92.253 are being observed; (iv) Whether the affinnative marketing requirements of Sec. 92.351 are being observed and followed; and (v) Any other factor relevant to the paiticipating jurisdiction's detennination, including the timing of the requested exception. Additionally, in accordance with 24 CFR Patt 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 atise. The SubGrantee catmot engage in a federally funded contract with ai1y 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-approp1iation clause that will protect itself and the County from any liability or responsibility or ai1y 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. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditw-e 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 desctibed ai1d 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 . 6 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 e1rnrs 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 ovemms 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 caimot be completed with the funds allocated by the County to the SubGrantee. Any cost oven-uns shall be the sole responsibility of the SubGrantee. 1. The SubGrantee agrees that all funds allocated to it for approved projects or acti v ities 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 activiti es w ithout any additional CDBG funding. F. Indemnity To the extent allowed by law, the SubGrantee shall indenmify and hold hannless 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, asse1ied or incurred as a result of any damage or alleged damage to person or property occa sioned by the acts or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising out of or in any way connected with the Proj e ct or the pe1fom1ance of thi s contract. G. Bonding and Insurance If the SubGrantee 's projects involve construction activiti es , any Contractor it u ses fo r said activ ities sh all b e required to provide and mainta in, u nti l fi nal acc eptance by th e Sub Grantee of all work b y s uch 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/Compl eted Operatio ns c . Broad Fonn Contractual Liabi lity d . Independent Contractors e. Broad Fmm Property Damage f. Employees as Additional Insured 7 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 prope11y 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 ce1iificates of insurance shall be subject to the following stipulations: a. Underwliters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the patiies that the insurance policies so effected shall protect the patiies and be p1imary coverage for any 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 compai1ies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiums due or for any ass.essments under any form of any policy. d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole lisk of the Contractor. 5. Ce1iificate of Insurance: The Contractor shall not conunence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, ce1iificates of insurance showing that he has complied with the foregoing insurance requirements. The SubGrantee shall also submit a copy of the Contractor's ce1iificates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set fo1ih hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County. In accordance with 24 CFR paiis 84 and 85, the following bonding requirements shall apply to all projects exceeding the simplified acquisition tlu·eshold: 8 1. A bid guarantee from each bidder equivalent to 5% of the bid price; 2 . A perfo1111ance bond on the part of the contractor for I 00% of the contract price; and 3 . A payment bond on the part of the contractor for I 00% of the contract p1ice. 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 vetifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in perfonning 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 confinned. The SubGrantee fu1ther agrees to provide to the County upon request, a copy of any audit reports pe1taining to the SubGrantee's financial operations dming the tenn of this Agreement. All records pe1taining 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 infonnation necessary to comply with applicable Federal Jaws and regulations as required by the County and HUD. This shall include providing to the County the infonnation necessary to complete annual Perfonnance Rep01ts in a timely fashion. J. Timeliness The SubGrantee shall comply with the quaiterly perfonnance standards established in Section II-C of this Agreement. The SubGrantee m1derstands that failure to comply with the established standards may lead to a cancellation of the Project and a Joss of all unexpended funds. K. Reimbursement for Expenses The SubGrantee agrees that before the County can distiibute any CDBG funds to it, the SubGrantee must submit to the County's Housing and C01m1rnnity Development Services Division documentation in the fonn 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 de1ived from the Arapahoe County Conununity 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. 9 M. Real Property Real property acquired in whole or in pat.1 with CDBG funds shall be utili zed 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 di sposed of, or the approved prope1ty usage discontinued, the SubGrantee shall adhere to the requirements of 24 CFR Paiis 84 or 85 (as applicable) regarding the use and disposition ofreal prope11y. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be suhj ,,,:. 10 npplicable State statutes and County ordinances, resolutions, mies, and regulations. 0. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this A&rreement shall apply to any subcontract. P. Suspension or Termination This Agreement may be suspended or tenninated by the County if the SubGrantee mate1i ally fails to comply with any tenn of this Agreement. This Agreement may also be tenninated for convenience by mutual agreement of the County and the SubGrantee. Q. In the event that the Unit of General Local Govenunent should withdraw from the County's "Urbai1 County" designation, this Agreement shall terminate as of the tennination date of the County's CDBG grant Agreement with HUD. R. The SubGrantee ce11ifies that to the best of its knowledge ai1d belief: 1. No Federal approp1iated funds have been paid or will be paid, by or on behalf of it, to any perso n 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 c01mection with the awarding of any Federal contract, the making of any Federal grai1t, the making of any Federal loai1 , the enteiing into of any cooperative agreement, and the extension, continuation, renewal, am endment, or modification of any Federal contract, grant, loan , or cooperative agreement; and, 2 . If any funds other than Federal approp1iated 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, b'rant, loan , or 10 cooperative agreement, it will complete and submit Standard Fonn-LLL, "Disclosure Fon11 to Report Lobbying," in accordance with its instructions. S. DisaUowance If it is detennined 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 Patties 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 perfonned 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 pe1fonnat1ce of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide Housing at1d Conmmnity Development Services (HCDS) staff whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations. C. Reporting to HUD The County will be responsible for seeing that all necessary repo1ts and infon11ation required of the County are filed with HUD and other applicable Federal agencies in a timely fashion. V. EXTENT OF THE AGREEMENT This agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County and SubGrantee and supercedes all p1ior 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 po1tion of this agreement is found by a couit of competent jmisdiction to be void and/or unenforceable, it is the intent of the patties that the remaining po1tions of this agreement shall be of full force and effect. 11 In Witness Whereof, the Parties have caused this Agreement to be duly executed this ______ day of , 2006. SubGrantee: City of Englewood Signature -Olga Wolosyn Mayor Title Board of County Conunissioners Arapahoe County, Colorado Don KJenune on behalf of the Board of County Conm1issioners Pursuant to Resolution #050539 12 ATTEST: Locrishia A. Ellis City Clerk PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Project Activities Estimated Total Cost of CDBG Funds Other Funds Committed (specify by line item) Activity Rehab administration $50,000 $7,500 $42,500 Loan/g11mt expenses $117,500 $67,500 $50,000 l TOTAL: $167,500 $75,000 $92,500 ( (_ SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOMEOWNER FIX -UP PROJECT NUMBER: ENHS 616 This Agreement is made by and between the Board of County Conunis sion ers of the County of A rapahoe, State of Colorado, for the Community Dev elopment Blo ck Grant Program in the Community Resources Department 01ereinafter refen-ed to as the County) and the City of Englewood (hereinafter refen-ed to as the SubGrantee) for the conduct of a Conununity Dev elopment Block Grant (CDBG) Project. I. PURPOSE TI1e primary objective of Title I of the Housing and Conununity Development Act of 1974, as amended, and of the Conununity Development Block Grant (CDBG) Pro gr am under this Title is the dev elopment of v iable urban conununities, by pro viding decent housing, a suitable li v ing en v iromnent and expanding economic oppmtunities, p1incipally for low and moderate income persons. TI1e proj ect by the SubGrantee known as the Homeowner Fix-Up Project (Project) has been categ ori z ed as a Housing Rehabilitation project and the SubGrantee w ill maintain documentati on with the national obj ective of Low/Moderate Income Housing acti v ities . TI1e SubGrantee may proceed to incur costs for the Pl"o iect upon receipt of an official "Notice to Proceed" from the County. II. ·woRK TO BE COMPLETED BY THE SUBGRANTEE The fo ll owin g prov isions outline the scope of the work to be completed: The SubGrantee will utilize CDB G funding to provide grants to income eligible homeowners for exte1ior home improvements. The intent of the project is both to improve Englewood's existing h ousing stock, as well as improve the visual appearance of deteriorated neighborhoo ds. Typical improvements may include (but are not necessarily limited to) paint, siding, windows, roofs, an d xe1iscapi ng. A. Pa y ment It is expressly agreed and understood that the total amo unt to be paid by the County under this contract shall not exceed $60 ,000.00 . Drawdowns for th e payment of eligib l e expenses shall be made against the line item budgets specified in the Project Budget and in accordance with perfomrnnce ciitelia established in Section II-C. Th e parties expressly recognize that the SubGrantee is to be paid with CDBG funds received from the federal government, and that the 1 e X H I B I T 8 obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds. In the event that said funds, or any pa11 thereof, are, or become, unavailable, then the County may i1mnediately tenuinate 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 cunent fiscal year is also contingent upon adequate funds being approp1iated, 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 reve1i to the County and be utilized for other purposes. B. Timeline All Project activities will be completed by May 31, 2007 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 provide grants to renovate the exterior of fourteen (14) owner occupied homes to income eligible Englewood homeowners. Grants are not to exceed $4,000 each, and will require a 20% match from each homeowner. All improvements funded under this grant are to be perfonned in compliance with applicable local or industry codes and standards. 2. Conmmnity Impact: Affordable housing -stability and housing quality 3. Quru1erly Perfom1ance Standards: June 30, 2006: September 30, 2006: December 31, 2006: March 31 , 2007: No requirements established Provide two (2) renovation grants Market program, interview potential clients Provide four (4) renovation grants Market program, interview potential clients Provide four (4) renovation grants Interview potential clients 2 May 31, 2007: D. Reporting Requirements Provide four (4) reno vation grants Complete all renovations funded by project Submit final drawdown and completion report to County 1. Project rep01ts will be due within one month following the end of each calendar year qua1ter (March 31 , June 30, September 30, December 31) until the Project is completed . 2. The official amrnal 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 detennined that: Project activities do not require compliance with federal labor standards. F. Environmental Review Notwithstanding any provision of this Agreement, the patties hereto agree and acknowledge that this Agreement does not constitute a conunitment of funds or site approval, and that such conunitment 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 . Depattment of Housing and Urban Development under 24 CFR Patt 58. The patties fu1ther agree that the provision of any funds to the project is conditioned on Arapahoe County's dete1mination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review. G. Uniform Relocation Act (URA) Project activiti es do not require compliance with the Unifonn Relocation Act. H. Lead Based Paint The maximum CDBG investment per house renovated under this project ma y not exceed $4,00 0. The SubGrantee will comply with all other County, state an d fe deral policies, gu id elines and requirements related to minimizi ng lead h azard s in resi dential prope1t ies, incl uding 24 CFR P att 35 at1d Colorado R egulation Numb er 19. Ill. RE SPON SIBILITIES OF THE SUBGRANTEE A . Federal C omplianc e 3 The SubGrantee shall comply w ith all applicable federal laws, regulations and requirements, and all provisions of the grant agreements recei ved from the U.S. Depaitrnent of Housing and Urban Development (HUD) by the County. TI1ese include but are not limited to compliance with the provisions of the Housing and Conununity Development Act of 1974 and all rules, regulations , guidelines and circulars promulgat ed by the va1ious federal depa1tments , agencies , administrations and conunissions relating to the CDBG Program. A listing of some of the applicable laws and regulations are as follows : 1. 24 CFR Patt 570; 2. 24 CFR Patts 84 and 85; 3 . Title VJ 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 C01mnunity 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 at1d Conservation Act (Public Law 94-163) and 24 CFR Patt 39; 10 . Equal employment oppmtunity and minority business enterprise regulations established in 24 CFR pa1t 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12 . Non-disc1imination 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 p1inciples established in 0MB Circulars A-87 and A-122. 16. Conflict of Interest: (a) Applicability. In the procurement of prope1ty and services by paiticipating ju1isdiction, State recipients, and subrecipients, the conflict of interest provision in 24 CFR 85.36 and 24 CFR 84.42, respectively, apply. In all cases not govern ed by 24 CFR 85 .36 and 24 CFR 84.42, the provisions of this section apply. (b) Conflicts prohibited. No persons described in pai·agraph (c) of this section who exercise or who have exerci sed any functions or responsibilities with re spec t to acti vities assisted with CDBG funds or who are in a position to paiticipat e in a decision making process or gain ins ide info1m ati on w ith regard to these acti vi ti es, m ay ob tain a fi n ancial interest or b enefi t from a CD B G-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto , or the proceeds there u nd er, either for themselves or those with whom they have family or business ties, dming the ir tenure or for one year thereafter. ( c) Persons covered. T h e conflict of interest pro visio ns of paragraph (b) of this sectio n apply to an y p er son who is an empl oyee, agent, cons ul tant, officer or elected official or app ointed official of th e patticip atin g jmisdict ion, St ate recipient, or subrecipient wh ich are r eceiv in g CDB G funds. (d) Exceptions: T lu ·esh o ld requ irements. Upon th e wri tte n request of the pa1ticipating jurisdiction, HUD may grant an exceptio n to th e provisions of paragraph (b) of this sectio n on a case-by-case basis wh en it detennines that the exception will serve to 4 further the purpose of the CDBG Investment Partnership Program and the effective and efficient administration of the pa1ticipating jurisdiction's program or project. An exception may be considered only after the participating jurisdiction has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosw-e of the conflict and a description of how the public disclosure was made; and (2) An opinion of the participating jurisdiction's or State recipient's attorney that the interest for which the exemption is sought would not violate State or local law. (e) Factors to be considered for exemption. In determining whether to grant a requested exception after the patticipating juiisdiction has satisfactmily met the requirements of paragraph (d) of this section, HUD will consider the cumulative effect of the following factors, where applicable: (l) Whether the exception would provide a significant cost benefit or an essential degree of expettise to the program or project which would otherwise not be available; (2) Whether the person affected is a member of a group or class of low income persons intended to be the beneficiaries of the assisted activity and the exception will pem1it such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (3) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (4) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (c) of this section; (5) Whether undue hardship will result either to the pa1ticipating jwisdiction or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (6) Any other relevant considerations. (f) Owners and Developers. (1) No owner, developer or sponsor of a project assisted with CDBG funds ( or officer, employee, agent, elected or appointed official or consultant of the owner, developer or sponsor) whether private, for-profit or non-profit (including a conmmnity housing development organization (CHDO) when acting as an owner, developer or sponsor) may occupy a CDBG-assisted affordable housing unit in a project. This provision does not apply to an individual who receives CDBG funds to acquire or rehabilitate his or her p1incipal residence or to an employee or agent of the owner or developer of a rental housing project who occupies a housing unit as the project mai1ager or maintenance worker . (2) Exceptions. Upon written request of a housing owner or developer, the participating jurisdiction ( or State recipient, if authotized by the State participating ju1isdiction) may grant an exception to the provisions of paragraph (f) (l) of this section on a case-by-case basis when it detem1ines 5 that the exception will serve to fwther the purpose of the CDBG program and the effective and efficient administration of the owner's or developer's CDBG-assisted project. In detennining whether to grant a requested exception, the pa1ticipatingjurisdiction shall consider the following factors: (i)Whether the person receiving the benefit is a member of a group or class oflow-incorne persons intended to be the beneficiaiies of the assisted housing, and the exception will pem1it such person to receive generally the same interests or benefits as are being made available or provide to the group or class; (ii)Whether the person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted housing in question; (iii) Whether the tenant protection requirements of Sec. 92.253 are being observed; (iv) Whether the affinnative marketing requirements of Sec. 92.351 are being observed and followed; and (v) Any other factor relevant to the paiticipating jmisdiction's detennination, including the timing of the requested exception. Additionally, in accordance with 24 CFR Patt 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 aiise. The SubGrantee cannot engage in a federally funded contract with any entity registered in the Lists of Patties Excluded From Federal Procurement or Nonprocurement Prograins. 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 discontinuai1ce of CDBG funding for ai1y reason . Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the fw1ding provisions of this SubGrantee Agreement, the federal grai1t ai1d the federal statutes control rather than the provisions of Section 24-91-103.6, C.R.S. with regard to any public work projects. C. Expenditure Restrictions All 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 desc1ibed and listed in the grant agreements . The allocated funds shall be u sed and expended only for the projects and activities for which the funds are identified. D. Agreement Changes 6 No projects or activities, nor the amount allocated therefor, may be changed without appro val 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 respecti ve projects or activities . This task shall be accomplished tlu·ough 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 eITors 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 ove1runs by the SubGrantee on any projects or activities. TI1e 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 tl1e sole responsibility of the SubGrantee. 1. TI1e SubGrantee agrees tl1at all fonds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. 2. The SubGrantee agrees that the funds allocated for any approved projects or acti vities shall be sufficient to complete said projects or activities without any additional CDBG funding. F. Indemnity To the extent allowed by law, the SubGrantee shall indenmify and hold ham1less 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, asse1ted or incmTed as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers , employees , agents, contractors or subcontractors, aiising out of or in any w ay connected with the Project or th e perfo rm ance o f this contract. G. Bondin g and In surance If the Sub Grantee's projects involve constmction activities, any Contractor it u ses for sa id activities sh all b e r equired to p rov id e and maintain, un ti l fi nal accepta n ce b y the SubG rantee o f all work by such Co ntract or, the k inds and m inimum amounts of insurance as fo ll ow s: 1. Compreh e n sive General Liability: In the amount of not Jess th an $1 ,000,000 combined si ngle limit. Coverage to incl ud e: a. Premises Operations b . Products/Completed Operations 7 c. Broad Fonn Contractual Liability d. Independent Contractors e. Broad Fom1 Prope11y Damage £ Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named h1sured 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 ce11ificates of insurance shall be subject to the following stipulations: a. Unde1writers 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 pai1ies ai1d be primary coverage for ai1y ai1d all losses covered by the desc1ibed insurai1ce . b . The clause entitled "Other Insurance Provisions" contained in ai1y policy including Arapahoe County as an additional nained insured shall not apply to Arapahoe County or the SubGrantee. c. The insurance compai1ies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrai1tee for payment of ai1y premiums due or for any assessments under any fonn of any policy. d. Any ai1d all deductibles contained in ai1y insurance policy shall be assumed by and at the sole 1isk of the Contractor. 5. Ce11ificate of Ins urance: T he Contractor sh all not conun ence work u nder any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurai1ce showing that he has complied with the foregoing insurance requirements. The SubGrai1tee shall also submit a copy of th e Contractor's ce11ificates of insura nce to the Co un ty. 6. Notwith standi ng th e provision s contai ned in thi s paragr aph (H) set fo 1t h h ereinabove, th e County reserves the 1igh t to modify or waive sai d provisions for projects or activities for w h ich th ese provisions wo uld prove pro h ibi tive. The SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County. 8 In accordance with 24 CFR pa1ts 84 and 85, the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold: l . A bid guarantee from each bidder equivalent to 5% of the bid p1ice; 2 . A performance bond on the pa1t of the contractor for 100% of the contract plice; and 3 . A payment bond on the part of the contractor for l 00% of the contract price . H. Records TI1e 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 velifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in perfom1ing the Project. TI1e SubGrantee shall provide full access to these books and records to the County, the Secreta1y 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 confinned. TI1e SubGrantee further agrees to provide to the County upon request, a copy of any audit repmts pertaining to the SubGrantee's financial operations duling the tenn 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 TI1e SubGrantee shall file all reports and other infonnation necessary to comply with appli cable Federal laws and regulations as required by the County and HUD. TI1is shall include providing to the County the infonnation necessary to complete annual Performance Repmts in a timely fash ion. J. Timeliness The SubGrantee shall comply with the quarterly perfonnance standards established in Section II-C of this Agreement. The SubGrantee understands that failure to comply with the establi sh ed standards may lead to a cancellation of the Project and a loss of all unexpended funds. K. Reimbursement for Expenses The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division documentation in the f01111 required by that Division which properly and fully ident ifies the amount which th e SubGrantee is requ esti ng at th at tim e. TI1 e Co unt y sh all have ten (1 0) workin g days to review th e req uest. Upon ap proval of th e requ est, the Cou nty wi ll distri bute th e requ ested funds to the SubGrantee as soon as possib le. L. Pro g ram In come 9 All program income directly de1ived 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 prope11y acquired in whole or in pat1 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 prope11y usage discontinued, the SubGrantee shall adhere to the requirements of 24 CFR Pm1s 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 TI1is Agreement may be suspended or te1minated by the County if the SubGrantee materially fails to comply with ai1y tenn of this Agreement. TI1is Agreement may also be tenninated for convenience by mutual agreement of the County and the SubGrantee. Q. h1 the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation, this Agreement shall tem1inate as of the tennination date of the County's CDBG grant Agreement with HUD. R. The SubGrantee ce11ifies 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 com1ection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the ente1ing into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, Joan , or cooperative agreement; and, 10 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 c01mection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Fon11-LLL, "Disclosure F01m to Rep011 Lobbying," in accordance with its instructions. S. Dis allowance If it is detennined by HUD or other federal agency that the expenditure, in whole or in pai1, for the SubGrantee's Project or activity was improper, inappropriate or inelif,rible 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 govenunental 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 perfon11ed 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 para&•Taph A above shall be limited to the perfonnance of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide Housing and Conununity Development Services (HCDS) staff whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations. C. Reporting to HUD The County will be responsible for seeing that all necessary rep011s and info1111ation required of the County are filed with HUD and other applicable Federal agencies in a timely fashion. V. EXTENT OF THE AGREEMENT This agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County and SubGrantee an d supercedes all prior negotiations, representations or agreements, either wiitten or oral. Any amendments to this agreement must be in writing and signed by both the County and SubGrantee. lf any portion of this agreement is found by a com1 of competent jmisdiction to be void and /or unenforceable, it is the intent of the pa11ies that the remaining portions of this agreement shall be of full force and effect. 11 In Witness Whereof, the Pai1ies have caused this Agreement to be duly executed this ______ day of , 2006. SubGrai1tee: City of Englewood Signature Olga Wolosyn Mayor Title Board of County Conunissioners Arapahoe County, Colorado ATTEST: Loucrishia A. Ellis City Clerk Don Klemme on behalf of the Board of County Conunissioners Pursuant to Resolution #050539 12 - PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Project Activities Estimated Total Cost of CDBG Funds Other Funds Committed (specify by line item) Activity Project administration $14,000 $4,000 SI0,000 Giants for Exterior Renovations $81,000 $56 ,000 $25,000 TOTAL: $95,000 $60,000 $35,000 SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD AND FAMILY TREE, INC. PROJECT NAME: HOUSE OF HOPE STAFFING PROJECT NUMBER: ENPS 617 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 Conmmnity Resources Depaitment (hereinafter refeITed to as the County) and the City of Englewood and Fainily Tree , Inc. (hereinafter refeITed to as the SubGrai1tee) for the conduct of a Conununity Development Block Grant (CDBG) Project. I. PURPOSE The p1imaiy objective of Title I of the Housing ai1d Community Development Act of 1974, as amended, ai1d of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opp01tunities, p1incipally for low and moderate income persons . T he project by the SubGrantee known as the House of Hope Staffing Project (Project) has been catego1ized a a Public Services project and the SubGrantee will maintain documentation with the national obje ctive of Lim it d C li ent ele activities. T he ubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed" from the County. 11. WORK TO BE COMPLETED BY THE SUBGRANTEE Th fo llowin g provisions outline the scope of the work to be completed: The ubGrantee will utilize CDBG funding to provide staffing at the House of Hope, which provides long- I 1111 shelter and suppo1tive services for homeless families. A. Pa y m ent It is expressly agreed an d understood that th e total amount to be paid by the County under this contract sh all not exceed $33,788.00. Drawdowns for the payment of eligib le expenses shall be made aga in st the line item budgets specified in the Project Budget and in accordance with perfonnance c1ite1ia estab lished in Section II -C. The pruties expressly recognize that the SubGrantee is to be paid with CDBG funds received from the federal govenm1ent, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds. In th e event that said funds , or any pa.it thereof, are, or become, w1available, then the County may 1 I )( .. I E I , C immediately te1111inate 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 cunent 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 , 2007 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 crite1ia listed below are to be met during the execution of the Project. 1. Quantifiable Goals: The SubGrantee will utilize CDBG funds for the continued employment of staff at the House of Hope located at 3301 South Grant Street, Englewood. Staff members will be employed by Family Tree, h1c., which provides staffing and services at the facility. By maintaining the positions, the SubGrantee will provide services for a minimum of 65 homeless families for the duration of the grant period. A total of 210 unique persons will be served by the Project. The SubGrantee may not charge fees or accept donations from clients served for services provided under this grant. 2. Conununity Impact: Homelessness -ciisis management and ability to transition through the continuum of care 3. Qua1terly Perfonnance Standards: June 30. 2006 : Begin to provide services to families September 30, 2006: Provide services to approximately 12-21 families Approximately 36-60 unique persons served December 31, 2006 : Provide services to approximately 12-21 families 2 Approximately 36-60 un iq ue per o n . crvcd March 31, 2007 : Provide services to appr ox imat e ly 12-2 1 families Approximately 36 -0 uniqu e per ons served May 31. 2007 : May 31, 2007 cumulative: Provide services to approx imat e ly 8-14 families 65 families served Approximately 24 -40 uniqu e persons served 210 unique persons served Submit final drawdown and c mpl e tion 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: Project activities do not require compliance with 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 rec ipt by Arapahoe County of a release of funds from the U.S. Department of Housing and rhan v e l pment under 24 CFR Pait 58. The parties further agree that the provision of any fund to th e pr ~ec t is conditioned on Arapahoe County's detennination to proceed with, modify, or c an cel th pr ~cct based on the results of a subsequent environmental review. G. niform Relocation Act (URA) Pr ~ t a t ivitics o n t require c ompliance with the Unifonn Relocation Act. III. RE P N 1BlLITIE OF THE SUBGRANTEE A. Fed ml ompliance 3 T he SubGrantee shall comply with all applicabl e fe der al laws, reg ul a tio n s and requi rements, and a ll pro visions of the grant agreem ents receive d from the U.S . D epa1 i 111 en t of Ho us in g and Urban Deve lopm ent (HUD) by the County. These include but are not limited to com p liance with the provisions of the Housing and Community Dev elopment Act of 1974 and all rul es , reg ul atio ns, guidelines and circulars promulgated by the various federal departments, agenci es, admini str atio ns and commissions relating to the CDBG Program . A lis ting of some of the applicabl e laws and regulations are as follows : 1. 24 CFR Paii 570 ; 2. 24 CFR Patts 84 and 85; 3. Title VI of the Civil Rights Act of1964 ; 4 . Title YID 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 ai1d Conservation Act (Public Law 94-163) and 24 CFR Pari 39; 10 . Equal employment oppmiunity ar1d minmity 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 Executiv e Order 11246; 13. Lead Based paint regulations established in 24 CFR Parts 35 and 570.608; 14. Audit r equirements established in 0MB Circular A-133; and 15 . Cost p1inciples established in 0MB Circulars A-87 and A-12 2 . Additionally, in accordar1ce with 24 CFR Pari 570 , no employee, official , agent or consultar1t of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, re al or apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any en tity regist er ed in the Li sts of Paiiies Excluded From Federal Procurement or Nonprocurement Prograrus . B. Non -Appropriations Clause The SubGrantee agrees that it wi ll incl ud e in every contract it enters, which relies upon CDBG monies for funding, a non-approp1iation clause that will protect itself and the County from any liability or responsibility or ai1y 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. Exp endit u re R estricti ons 4 ( All CDBG funds that are approv ed by HUD for exp enditure 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 desc ri bed 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 revis ed 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 Cow1ty 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 ovenuns 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 indenmify 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 incuned as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising out of or in any way cmmected with the Project or the performance of this contract. G. Bonding and Insurance 5 If the SubGrantee's projects involve construction acti vities , any Contrac tor it uses for said activiti es shall be required to provid e and maintain , unti l final acceptance by t he SubGrantee of a ll work by such Contractor, the k inds and mini mum amounts o f insurance as follo w s : 1. Comprehensive General Liability: In the amount of not l e ss than $1 ,000,000 co mbin ed single limit. Coverage to include : a . Premises Operations b . Products/Completed Operations c . Broad Fonn Contractual Liabili ty d . Independent Contractors e . Broad Fonn Prope1ty Damage f. Employees as Addi tional Insured g . Personal Injmy h. Arapahoe County and the SubGrantee as Additional Named Insured 1. Waiver of Subrogation 2. Comprehensive Automobile Liability: h1 the amount of not less than $1 ,000 ,000 combined single limit for bodily injury and prope1ty damage. Coverage to includ e : a . Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation: The Contracto r sh a ll secure and maintain employer's liability and Worker's Compensation In suran ce th a t will prot ect it against any and all claims resulting from injuri e s to and d eath of w o rkers engaged in work w1der any contract funded pursuant to this agr eem ent. Cov e rage to in c lud e Waiver of Subrogation. 4 . All referenced insurance policies and/or certificates of in surance shall b e subj ec t to the following stipulations: a . Underwriters shall have no rights of recovery subrogati on again st Arapah oe County or the SubGrantee; it being the intent of th e p art ies that th e insurance policies so effected shall protect the parties and b e primary coverage for any and all los ses covered by the described insurance. b. The clause entitled "Other Insurance Provi s io ns" cont a in ed in any po li cy in clud in g Arapah oe County as an a ddi tional n amed insured sh a ll not app ly 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 fo1111 of any policy. d . Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. C e1tificate of Insurance : The Contractor shall not c mmenc e work under any contract funded pursuant to this Agree ment until he h a s s ubmitted to the SubGrantee, received approval th ereof, ce1tific a t s o f in s urance showing that he h as 6 complied with the foregoing insurance requirements . The SubGrantee shall also submit a copy of the Contractor's cert ificates of insurance to the County. 6 . Notwithstanding the provisions contained in this paragraph (H) set fo1th hereinabove, the County reserves the 1ight to modify or waive said provisions for projects or activities for which these prov isions would prove prohibitive. The SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County. In accordance with 24 CFR pa1ts 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 prut of the contractor for 100% of the contract p1ice; 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 ru1d its supe1vision and administration of the Project. Records are to include documentation verifying Project eligibility ru1d 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 r epo1ts and other infom1ation necessary to comply with applicable Fed eral laws and re g ul ations as re quired by the County and HUD. This shall include providing to the C ounty the infomrntion n eces sary to complete annual Perfo1mance Repo1t s in a timely fashion . J. Ti melin ess The SubGrantee shall comply with the quaiterly perfom1ance standard s 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 Joss of all unexpended funds. K. R eimburse ment for Exp enses T he SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division 7 documentation in the fom1 required by that Div ision 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 dist1ibute the requested funds to the SubGrantee as soon as possible. L. Program Income All program income directly de1ived 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 prope11y acquired in whole or in paii 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 ai1.d disposition ofreal prope1iy. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subj ect 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 suspend ed or te1minated by the County if the SubGrantee materially fails to comply with any te1111 of this Agreement. This Agreement may also be te1111inated for convenience by mutual agreement of the County and the SubGrantee. Q. In the event that the Unit of General Local Govenunent should withdraw from the County's "Urban County" designation, this Agreement shall tenninate as of the tennination date of the County's CDBG grant Agreement with HUD. R. The SubGrantee ce1iifies that to the best of its knowledge and belief: 1. No Federal ap prupriated funds have been paid or will b~ paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of 8 ( any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan , the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and, 2. If any funds other than Federal approp1iated 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 cmmection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Fonn-LLL, "Disclosure Fonn to Rep011 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, inapprop1iate 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 perfonned 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 th e p erfo1111anc e of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide Housing and Cmmmmity Developm ent Services staff whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations. C. Reporting to HUD The County will be responsible for seeing that all necessa1y reports and info1mation required of the County are filed with HUD and other applicable Federal agencies in a timely fashion. V. EXTENT OF THE AGREEMENT 9 This agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County and SubGrantee and supercedes all p1ior negotiations, representations or agreements, either w1itten or oral. Any amendments to this agreement must be in w1iting 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. 10 - In Witness Whereof, the Pa11ies have caused th.is Agreement to be duly executed this ______ day of , 2006. --------------- SubGrantee: City of Englewood Signature Ologa Wolosyn Mayor Title SubGrantee: Family Tree, Inc. Signature President Title l'l 1-~1 ...... Board of County Conunissioners Arapahoe County, Colorado Don Klemme on behalf of the Board of County Conunissioners Pursuant to Resolution #050539 11 ATTEST: Loucrishia A. Ellis City Clerk PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Project Activities Estimated Total Cost of CDBG Funds Other Funds Committed (specify by line item) Activity Personnel $291,720 $33,788 $257,932 Operating Costs $176,270 0 $176,270 TOTAL: $467,990 $33,788 $434,202 - (_ COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 1, 2006 11 a iii Sale of 2350 South Zuni Street Initiated By: Staff Source: Community Development Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Ordinance 83, Series 2000 acquiring 2399 West Wesley Avenue . This property was also approved for resubdivision into four sites. 2350 South Zuni Street is one of the created sites. Council approved Ordinance 15, Series 2005 authorizing an Intergovernmental Agreement (IGA) with the Arapahoe Community College for the Area Career and Technical School to build one single-family residence at 2350 South Zuni Street. RECOMMENDED ACTION The Community Development Department recommends Council adopt a Bill for an Ordinance authorizing the sale of 2350 South Zuni Street. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Arapahoe Community College Area Career and Technical School (ACTS) is completing the construction of a single-family house at 2350 South Zuni Street. The house is intended to be sold upon completion of construction. The house is scheduled for completion by the end of May 2006. The initial sale price will be based on a market analysis to be obtained at the completion of cons tru c tion . The sale price will cover the costs of land acquisition, construction and realtor's fee. All proceeds from the sale wi ll be returned to the Housing Rehabilitation Fund (Fund 46). If an offer to purchase the property is received from any City of Englewood employee, their family members, or any business in which a City employee has a financial interest, then staff will submit the offer to City Council for final approval of the sale . FINANCIAL IMPACT Fund 46 covers all cos ts of development. There is no other financial im.:,act to the City. LIST OF ATTACHMENTS Bill f r an Ordinanc e ORDINANCE NO . SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 13 INTRODUCED BY COUNCIL MEMBER~~~~~- ABILLFOR AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 23SO SOUTH ZUNI STREET PURSUANT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL. WHEREAS, the City of Englewood and Arapahoe Community College/ Area Career and Technical School (ACTS) became involved in a two-year Comprehensive Building Trades program for high school students and adults to have a "hands-on" experience in building a home from the ground up throughout the school year; and WHEREAS, the City acted as developer by providing construction funds from the Housing Rehabilitation Fund an.:i a site contractor was hired to coordinate the day-to-day building activities with the ACTS instructor and students; and WHEREAS, the house was built at 2350 South Zuni Street per Ordinance No . 15, Series of 2005, with the proceeds of any sale to be returned to the Housing Rehabilitation Fund; and WHEREAS, the house at 2350 South Zuni Street is nearing completion and ready for sale in the near future. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. City Council hereby authorizes the sale of 2350 South Zuni Street in the ACTS Program, which property is legally described as follows: Lot 4, Southlawn Gardens Annex, Filing No. 4 County of Arapahoe, State of Colorado . Section 2. The Mayor and City Clerk are authorized to sign and attest all papers necessary to complete this sale . Introduced, read in full, and passed on first reading on the l •1 day of May , 2006 . Published as a Bill for an Ordinance on the 51h day of May, 2006. Olga Wolosyn , Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 1 •1 day of May, 2006 . Loucrishia A. Ellis ( I \ COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 1, 2006 11 a iv IGA r elatin g to CDBG and HOME partn ership pro grams fo r grant y ears 2007-20 0 9 Initiated By: Staff Source: Community Dev elopment D epartm ent l anet Grimmett, H o usi ng Fin ance Sp eci alist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed Ordinance No. 3 7, Series o f 1991 , authorizing in itial p articip ation in th e Urba n County Entitlement Progr am for the Communi ty Dev elopm ent Bl oc k Grant (CDBG ) program fo r federal fiscal y ears 199 2 -1994. Council als o pa ssed Ordinan c e No. 3 9, Serie s of 19 94 that w as extended b y Amendments Nos. 1 -3 relating to parti c ipati o n in th e Urban C o un ty Entitl em ent Program for CDBG and HOME funds for f ederal fi sca l yea rs 1995 -2006. RECOMMENDED ACTION The C o mmuni ty D eve lo pm ent D epa rtm e nt reco mm end s C o uncil ad o pt a Bill fo r an Ordin ance auth orizin g th e ex ec ution o f a thr ee-yea r Intergov ernm ental C oo perati o n A gree m ent b etween Arapahoe C o unty and th e City of En glewood rel ating to the co nduct o f Communi ty Deve lo pm ent Blo ck Grant (CDBG) and HOME In ve stm ent Partn e rship (HOME) pr ograms fo r program grant yea rs 20 07 throu gh 20 0 9. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Arapah oe C o unty is des ignat e d as an U r b an C o un ty, w hi c h entitl es th e C o un ty t o rece ive Co m m uni ty D eve lo pm ent Bl ock G rant (CDBG) and HOME funds pr ov id ed by th e U . S. Departme n t of Housi ng and Urba n D eve lo pm ent (H U D ). Th ese pr ograms p rovide grants t o improve local communi t ies by providing decent housing, improved infrastruc tur e, public facili t ies an d services, and improved economic opportunities for low and modera t e income persons. Funds may also be used for activities that eliminate slums or blight, or for projects tha t meet urgent com munity needs . Arapahoe County is in the process of requa lify ing as an U rba n Cou nty for th e years 2007, 2008 and 2009 . The County is requ ir ed to i nform eac h u nit of ge neral loca l gove rnm en t th at it has th e rig ht t o ele c t to be included or excluded from the Urban Coun ty. Loca l gove rn men ts t hat p revious ly en tered into an Intergove rnmenta l Agreement wi th Arapa h oe County are bei ng not ified t hat the agre m ent will not automatica ll y be renewed. A new IGA mus t be au t horized t o pa rt icipa t e for program grant yea rs 2007 · 2009. Arapahoe County states that they have updated the IGA to include language previously incorporated in amendments and remov ed language no longer approved by HUD. They state that the agreement is essentially the same as before. CDBG and HOME funds are allocated by statutory formula to each Urban County. The Urban County then allocates the CDBG funds to each participating jurisdiction. The local jurisdiction still must apply annually for its share of funding. Any HOME funds awarded to Arapahoe County are not automatically shared by the participating ju1 -fictions. The City is eligible, however, to apply separately for HOME funds through Arapahoe County as well as the State of Colorado. Since 1992, the City of Englewood has received approximately $2 .8 million in combined CDBG and HOME funds from Arapahoe County to support its local projects. This averages o v er $185,000 per year. The authorization of this IGA will allow the City to receive its share of the FY 2007 - 2009 CDBG funds as well as being able to apply for HOME funds through Arapahoe County. The funds will allow for the continuation of eligible projects such as the Housing Rehabilitation Program , Homeowner Fix-Up project and support for the House of Hope. FINANCIAL IMPACT None. The existing employees in Community Development are available to administer this agreement and any future approved projects. Their salaries and benefits are part of the City's contribution toward those projects. The City will generally utilize a portion of the awarded CDBG and HOME funds to partially offset the costs of employee's salaries and benefits. LIST OF ATTACHMENTS Bill for an Ordinance ORDINANCE NO . SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO . 14 INTRODUCED BY COUNCIL MEMBER~~~~~- A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A THREE YEAR INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR THE ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS FOR PROGRAM GRANT YEARS 2007 THROUGH 2009 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council does hereby determine that it is in th e public int eres t and welfare of the residents of the City of Englewood, Colorado that the City engage in a cooperati v e effort with Arapahoe County for the conduct of Community Development Block Grant Program activities and proj ects in the City under and pursuant to the Housing and Community Development Act of 1974, as since amended (42 U.S .C . 5301 et seq .); and WHEREAS , the Englewood City Council approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County w ith the passag e of Ordinance No . 3 7 , Series of 1991 authorizing in itial partic ipation in the Urban County Entitlement Program for the CDBG program for fed eral fiscal years 1992 through 1994 ; and WHEREAS , the Engl ewood City Council pas sed Ordinance No . 39, Serie s of 1994, that was ex tend ed by Amendments No. 's 1, 2 and 3, re lating to participation in the Urban County Entitlem ent Program for CDBG and HOME funds for federal fiscal years 199 5 through 2006 ; and WHEREAS, the passage of this proposed Ordinance authorizes the execution of a three -year Inter governmental Cooperation Agreement between Arapahoe County and the C ity of Engl ewood relating to th e conduct of Community Development Block Grant (CDBG) and HOME In ves tment Partnership (HOME) programs for program grant years 2007 through 2009 ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUN C IL OF TH E C ITY OF ENGLE WOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado here by authorizes the acceptance of the "Intergovernmental Cooperation Agreement Between Arapahoe County, Colorado And City of Englewood, Colorado Re lating To The Conduct Of Community Development B lock Grant And Home Investment Pa rtnershi p Programs For Program Grant Years 2007 Through 200 9", attached hereto as Ex h ib it A . Section 2. Th e Mayor is au th or ize d to execut e and th e C it y C lerk to att est and sea l the Intergovernment al G rant Agreement fo r and on beha lf o f th e C ity of En g lewood , Co lorad o. Introduced , read in full, and passed on first rea din g o n th e 1st day of May, 2006. Published as a Bill for an Ordinance on the 5th day of May, 2006. Olga Wolosyn , Mayor ATTEST: Loucrishia A. Ellis , City Clerk I, Loucrishia A . Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read in full , and passed on first reading on the 1st day of May, 2006. Loucrishia A . Ellis INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN ARAPAHOECOUNTY,COLORADO AND CITY OF ENGLEWOOD, COLORADO RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS FOR PROGRAM GRANT YEARS 2007 THROUGH 2009 THIS AGREEMENT is entered into and shall be effective as of 2006, by and between Arapahoe County, Colorado (the "County"), a body corporate and politic of the State of Colorado, and the City of Englewood (the "City"), a municipal corporation of Colorado located in Arapahoe County . RECITALS A. In 1974, the U.S. Congress enacted The Housing and Community Development Act of 1974, as since amended (42 U.S.C. 5301 et seq .) (the "Act"), permitting and providing for the participation of the United States government in a wide range of local housing and community development activities and programs under Title I of the Act which activities and programs are administered by the U.S. Department of Housing and Urban Development ("HUD"); B. The primary objective of Title I of the Act is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities , principally for persons of low and moderate income, this objective to be accomplished by the federal government providing financial assistance pursuant to the Act in the fonn of Community De velopment Block Grant ("CDBG") funds to state and local governments to be used in the conduct and administration of housing and community development activities and projects as contemplated by the primary objective of the Act (the "CDBG Program"); C. To implement the policies , objectives and other provision of the Act , HUD has issued rules and regulations governing the conduct of CDBG programs , published in 24 Code of Federal Regulations (CFR), Part 570 (the "Regulations "), which regulations provide that a county may qualify as an "urban county," as defined in Section 570.3 of the regulations, and thereby become eligible to receive entitlement grants from HUD for the conduct ofCDBG and Home Inve stment Partn ers hip (HOME) programs as an urban county and that cities and other units of genera l lo ca l gove rnm ents in the sa me metropolitan stat ist ical area that do not or cannot qualif-y for separate entitlement grants may be included as a pa11 of the urban cotmty by entering into cooperation agreements with the urban county in accordance with the requirements of the Re gu lations ; D. The County has her etofore qualified under the Regulations as an "urban county" and will receive CDBG and HOME funds from HUD by annual grant agreements, and all participating municipalities located in the County which do not receive separate community development entitlement grants have been included as a pa11 of the County in its CDBG and HOME Programs ; E. In 1981 , and again si nce then , HUD amended the Re gulations , pur suant to amendments of the Act, revising the qualification period for urban counties by providing that the qualification by HUD ofan urban county shall remain effective for three successive grant yea rs regardless of changes in its population during that period , except for failure of an urban county to receive a e X H I B I T A grant during any year of that period, and also providing that during the thr ee year period of qualification, no included city or ot her unit of general local government may withdraw from, nor be removed from , the urban county for HU D's computation purposes, and no city or other unit of general local government covering an additional area may be added to the urban county during that three-year period except in the case where a city or other unity loses its designation as a metropolitan city; F. In 2006, the County is submitting to HUD the required documentation to requalify as an urban coun ty, pursuant to Sect ion 570 .307 of the Regulations , so as to become eligible to receive annual CDBG and HOME funds for the next three Program Years from grant years 2007, 2008, and 2009 appropriations, and if the City approves and authorizes this agreement, an executed copy thereof will be included in the documentation for this ensuing period of qualification and, if the County qualifies, the City will thereby be included as a pai1 of the urban county and be eligible to participate in the County's CDBG and HOME Programs for the next three Program Years ; G . The County recognizes and understands that it does not have independent legal authority to conduct some kinds of community development and housing assistance activities within the boundaries of the City and therefore, its ability to conduct the CDBG and HOME Programs in the City is limited by the requirement that it must obtain permission from the City to perform some of those activities therein, and accordingly, in order for the City to be considered a part of the urban county and be included in the County's annual request for CDBG and HOME funds, it is required be the Regulations that the City and the County enter into a cooperation agreement whereby the City authorizes the County to undertake or to assist in undertaking essential community renewal and low-income housing assistance activities within the City as may be specified in the "One Year Action Plan to the Consolidated Plan" (t he "Action Plan") to be submitted to HUD ann ually by the County to receive its annua l CDBG and HOME ent itl ement grants ; H. Under general provisions of Colorado law governing contracting between governmental entities and by virtue of specific authority granted in Part II of A11icle I of Title 29 , C.R.S., any two or more political subdivisions of the state may enter into agreements with one anoth er for joint or cooperative action and any one or more political subdivisions ma y contract with another or with a legal or administrative entity created pursuant to that act to perform any governmental service, activity or undertaking which each political subdivision entering into the contract is authorized by law to perform, and I. Accordingly, the parties hereto have determined that it wi ll be mutually beneficial and in the public int eres t of both parties to ente r into thi s intergovernmental cooperation agreeme nt regarding the conduct of the County's CDBG and HOME Programs, THEREFORE, in consideration of the premises and cooperative actions contemplated hereunder, the parties agree as follows : 1. By entering into this intergovernmenta l cooperatio n agreement with the County, the City shall be included as a part of urban Arapahoe County for qualification and grant calcu lation purposes upon the qualification by HUD of th e County to receive CDBG and HOME Program entitlements as an urban county for the next three successive Program Years, May I, 2007 through April 30, 20 I 0. As provided in Section 570 .307 of the Regulations , the qualification of the County as an urban county shall remain effective for three successive grant years regardless of changes in its population during that period of time and the parties agree that the City may not withdraw from , nor be removed from, inclusion in the urban county for HUD 's grant compu tation purposes during the period of qualification . A fully executed copy of 2 --------~- this cooperation agreement, together with the approving resolutions of both the City and the County, shall be submitted to HUD by the County as part of its qualification documentation and the City does hereby give the County the authority to carry out CDBG and HOME Program activities and projects which will be funded from annual Community Development Block Grants and HOME funds from grant years 2007, 2008, and 2009 appropriations and from any Program income generated from the expenditure of those funds . 2 . The City and the County agree to, and shall cooperate in, the execution of CDBG and HOME Program activities and projects to be conducted or performed in the City during each of the three program years covered by this Agreement and these finalized activities and projects will be included in the County's required annual Action Plan and requests for funds for those program years. The City understands and agrees, however, that the County shall have final responsibility for selecting the program activities and projects to be included in each annual grant request and for filing the Action Plan with HUD on an annual basis. 3. The parties recognize and understand that the County, as a qualified urban county, will be the entity required to execute all grant agreements received from HUD pursuant to the County's annual requests for CDBG and HOME Program funds and that as the grantee under the CDBG and HOME Programs it will be held by HUD to be legally liable and responsible for the overall administration and performance of the annual CDBG and HOME Programs, including the projects and activities to be conducted in the City . Accordingly, the City agrees that as to all projects and activities perfonned or conducted in the City under any CDBG grant agreement received by the County, which includes the City, that the County shall have the ultimate supervisory and administrative control with regard to the Federal Regulations and Guideline and conformance to the Subgrantee Agreements. 4. The City shall cooperate fully with the County in all CDBG and HOME Program efforts planned and performed hereunder and does hereby allow and permit the County to undertake or assist in unde11aking essential community development and housing assistance activities within the City as may be approved and authorized in the County's CD grant agreements, including the Five Year Consolidated Plan (the "Consolidated Plan"). The City and the County also agree to cooperate to undertake, or assist in unde11aking, community renewal and lower income housing assistance activities, as they may be planned and specified in the County's Action Plan submitted annually to HUD for the three Program years specified herein and for such additional time as may be required for the expenditure of CDBG funds granted by the County for such activities. 5 . Pursuant to 24 CFR 570 .50 I (b). the City is subject to the same requirements applicable to subrecipients. including the requirement of a written agreement as set forth in 24 CFR 570 .503. 6 . The City understands that pursuant to Section 570.503 of the Regulations, it will be necessary for the City to enter into separate project agreements or sub-grants in writing with the County with respect to the actual conduct of the projects and activities approved for performance in the City for the three CDBG Program years covered by this cooperation agreement and that the funds designated in the County's Action Plan for those projects and activities will also be funded to the City under those separate project agreements or sub-grants . Subject to the provisions of Paragraph 3 above, the City will administer and control the performance of the projects and activities specified in those separate project agreements, will be 3 responsible for the expenditure of the funds allocated for each such project or activity and will conduct and perform the projects and activities in compliance with the Regulations and all other applicable federal laws and requirements relating to the CDBG Program. The City also understands and agrees that it shall also comply with the requirements of Section 570 .503 prior to disbursing any CDBG funds to the subrecipient of the City . 7. All CDBG Program funds that are approved by HUD for expenditure under the County's grant agreements for the three Program years covered by this Agreement, including those that are identified for projects and activities in the City, will be budgeted and allocated to the specific projects and activities described and listed in the County's Action Plan submitted annually to HUD and those allocated funds shall be used and expended only for the projects or activities to which the funds are identified . No project or activity nor the amount allocated therefore may be changed, modified, substituted or deleted by the City with respect to any project or activity without the prior written approval of the County and the approval of HUD when that approval is required by the Regulations. 8 . Because the City will be included as a pa11 of urban Arapahoe County for the three CDBG Program years covered by this Cooperation Agreement, it will do all things that are appropriate and required of it to comply with the applicable provisions of the grant agreements received by the County from HUD in which the City is included, and with the provisions of the Act and all Rules and Regulations, guidelines, circulars and other requisites promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG and HOME Programs. In addition, the City and the County shall each take all actions necessary to assure compliance with the certification required of the County by Section 104 (b) of Title l of the Act, including the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, Section I 09 of Title I of the Act and other laws applicable to the conduct of the CDBG Program . In addition, the parties hereto understand and agree that the County may not provide any CDBG funding for activities in, or in support of the City, if the City does not affirmatively fu11her fair housing within its jurisdiction or impedes the County's actions to comply with its fair housing certification. 9 . The County and the City each agree to adopt and enforce the following policies : a) Prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations , and; b) Enforcing applicable State and local laws against phy s ically barring entrance to or ex it from a fa cility or location which is the subj ect of such nonviolent civil ri ghts demonstration within its juri sdiction . J 0 . During the period of performance of this agreement as provided in Paragraph 13 below, the City shall : a) Inform the County of any income generated by the expenditure of CDBG Program funds received by the City; 4 I 1. b) Pa y over to th e County any Program Income received by the City , or ret a in and use that Pro gram Income subject to, and in accordance with, the requirements and provisions if the separate CD project agreements that will be entered into between the City and the County for the actual conduct of the CDBG Program ; c) Use any Program Income the City is authorized by the County to retain only for eligible activities in accordance with all CDBG Program requirements as may then apply and as will be specifically provided for in the separate CD project agreements between the City and the County ; d) Keep appropriate records regarding the receipt of, use of, or disposition of all Program Income and make repo1ts thereon to the County as will be required under the separate CD project agreements between the City and the County, and e) Pay over to the County any Program Income that may be on hand in the event of close-out or change in status of the City or that may be received subsequent to the close-out or change in status as will be provided for in the separate CD project agreements mentioned above. The separate CD project agreements or sub-grants that will be entered into between the County and the City for the conduct of the CDBG Program , as mentioned and refe1Ted to elsewhere in this agreem ent , sh all include prov isions settin g forth the standard s which shall appl y to any real property acquired or improved by the City in whole or in pa,t, using CDBG or HOME Program funds . These standards will require the City to: a. Notify the County in a timely manner of any modification or change in the use of that prope1ty from that which was planned at the time of the acquisition or improvements and this notice requirement shall include any disposition of such property . b. Reimburse the County in an amount equal to the current fair market value of prop e,ty acquired or improved with CDBG or HOME fund s (le ss any portion th ereof attribut abl e to ex pendi tur es of no n-C DBG fund s) that is sold or tra nsferre d for a use which does not qualify un de r the Reg ul at ions, an d c. Pay over to the County any Program Income that is generated from the disposition or transfer of property either prior to , or subsequent to, any close-out, cha nge of status or termination of this cooperatio n agreeme nt th at is applicable . 12 . The City, by exec ution of this ag reement, un dersta nds that it may no t app ly for gra nts und er the sma ll cit ies of state CDBG Progra ms for appropriatio ns for grant years du ri ng th e perio d in whic h it is partic ipating in the mban cou nty's CD BG Progra m; and may not part icipate in a HOME co nsortium excep t throug h the ur ban cou nty, regard less of whet her the urban county receives a HOME formula alloca tion. 5 13 . The period of performance of this Agreement shall cover three CDBG Program years, beginning May 151 , 2007, and ending April 3011 ', 2010 . As stated herein, however, this Agreement is intended to cover activities to be carried out with annual Community Development Block Grant and HOME funds from grant years 2007, 2008, and 2009 appropriations and shall be and remain in full force and effect until all projects and activities approved and authorized to be performed and funded for those grant years have been completed and any program income earned has been remitted to the County or used by the City in accordance with the criteria described in paragraph ten. 14 . Any changes and modifications to this Agreement shall be made in writing, and shall be executed by both parties prior to the performance of any work or activity involved in the change and be approved by HUD if necessary to comply with the Regulations . 15. a) This Agreement shall be and remain in force and effect for the period of performance specified in Paragraph IO hereof and, when the County has been qualified by HUD as a urban county neither the County nor the City may terminate this agreement or withdraw therefrom during that period of performance; provided, however, if the County fails to qualify as an urban county or does not receive a CD grant in any year of the three Program years for which it has qualified, or if any federal legislation should change the qualification or entitlement status of the County or the City, either party may terminate this agreement or withdraw therefrom. b) Failure by either party to adopt amendments to this agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the urban county qualification notice applicable for a subsequent three year period, and submittal of said amendment to HUD as provided in the urban county qualification notice will void this agreement. c) The City understands that the County is subject to budget changes as a result of federal legislation, and that, in the event of federally mandated budget changes, the County is not under obligation to allocate a constant amount of CDBG funds to the City for use in projects suppo1ted by the City. The County, however, agrees to notify the City of the amount of CDBG funds designated for use on City endorsed projects within the first quarter of the calendar year and will not change that designation by more than an amount in propo1tion to the federally mandated budget changes imposed by HUD . d) If the County qualifies as an urban county and the City is included, during the three Program years for which the County has qualified, the parties agree not to veto or otherwise obstruct the implementation of the approved Five Year Consolidated Plan during that three year period and for such additional time as may be required for the expenditure offunds granted for that period . 6 ( JN WITNESS WHEREOF. the parties here to have ca used this agreemen t lo be duly authurized and exec ut ed by eac h o n the elate s spec ified as fol lows: Arapahoe County Signature--------------- Rod Boc:kenfelcl Chairman of the Boa rd of County Commissio ners ATTEST : Signature--------------- Nancy A. Doty Clerk to the Board of County Commissioners _City of Englewood __________ _ (The City or Town) Signature--------------- Name _Olga Wo lo sy n _________ _ Mayor ATTEST : Signature--------------- Name _Loucrishia A. Ellis. _______ _ City Clerk 7 - ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 1, 2006 11 a V IGA to Build Residence at 2360 South Zuni Street During 2006/2007 School Year Initiated By: Staff Source: Community Development Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council has passed various Ordinances since 2002 authorizing agreements with Arapahoe Community College for the Area Career and Technical School to build a single-family residence at different locations within the City of Englewood. RECOMMENDED ACTION The Community Development Department recommends Council adopt a Bill for an Ordinance authorizing the execution of an Intergovernmental Agreement with Arapahoe Community College for the Area Career and Technical School for the school year of 2006/2007 to build one single- family residence at 2360 South Zuni Street, one of the sites created through the resubdivision of land surrounding 2399 West Wesley Avenue. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood first became involved with the Arapahoe Community College/ Area Career and Technical School (ACTS) during 1985 when the principal of Colorado's Finest Alternative High School co ntacted City staff for assistance in expanding the building trades program. The ACTS program serves Arapahoe Community College and five school districts including Eng lewood. Every student is exposed to all of the building trades (i.e. framing, drywall , masonry, electrical, plumbing, HV AC, etc.). They learn to appreciate how each trade affects the other. Students are of all ages (men and women alike) and come from all backgrounds. City staff will act in the roll of the developer providing construction funds from the Housing Rehabilitation Fund (Fund 46). A site contractor will be hired to coordinate the day-to-day building ac ti ities with the ACTS instructor and students. The house wi ll be sold after completion of the project and the proceeds returned to Fund 46 . Community De elopment staff will finalize the design of the house that the students will build during the school y ear . Attention will be given to selecting a design that supports a good quality le el o f materials, appropriate design for the neighborhood and community and, finally, a product that is mark e table within the neighborhood. - The site for the 2006/2007 school year will be one of the lots created through the resubdivision of land surrounding 2399 West Wesley Avenue . The land is already owned by the City purchased with funds from the Housing Rehabilitation Fund . FINANCIAL IMPACT The existing employees in Community Dev elopment are available to administer the project and their salaries and benefits are part of the City's contribution. LIST OF ATTACHMENTS Bill for an Ordinance -·- ( ORDINANCE NO . SERIES OF 2006 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2360 SOUTH ZUNI STREET, ENGLEWOOD, COLORADO . WHEREAS, the City Council of the City of Englewood has committed to reviewing options for housing and developing a strategy to enhance diverse housing options in the community; and WHEREAS, the City of Englewood became involved with Arapahoe Community College Area Career and Technical School (ACTS) during 1985 when the principal of Colorado's Finest Alternative High School contacted the City for assistance in expanding the building trades program; and WHEREAS, the ACTS program was able to offer a two year Comprehensive Building Trades program for high school students and adults to have a "hands-on" experience in building a home from the ground up throughout the school year; and WHEREAS , City will act in the role of the developer by providing construction funds from the Housing Rehabilitation Fund and a site contractor will be hired to coordinate the day-to-day building activities with the ACTS instructor and students ; and WHEREAS, the site, with house, will be sold after completion of the project and the proceeds will be returned to the Housing Rehabilitation Fund; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Intergovernmental Agreement between the Arapahoe Community College/Area Career and Technical School and the City of Englewood, a copy of which is marked as "Exhibit A" and attached hereto . Section 2 . The Mayor and the City Clerk are hereby authorized to sign and attest said Intergovernmental Agreement on behalf of the City of Englewood. Introduced , read in full , and passed on first reading on the I st day of May, 2006. -1- Published as a Bill for an Ordinance on the 5th day of May, 2006. Olga Wolosyn, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 1st day of May, 2006. Loucrishia A . Ellis -2- AGREEMENT This Agreement, made this __ day of 2006, is between the CITY OF ENGLEWOOD, COLORADO (the City), and the ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL (ACC/ACTS) of 5900 South Santa F e Drive-#AD 427, P . 0. Box 9002, Li ttleton, Colorado 80160-9002. WHEREAS, the City desires to assist the students in the ACC/ACTS program to gain experience for their Comprehensive Building Trades ACTS classes; and WHEREAS, ACC/ACTS desires to provide practical on-the-job experience to Student Laborers regularly enrolled in its Comprehensiv e Building Trades classes; NOW, THEREFORE, in consideration of the mutual promises made herein the parties agree as follows : ARTICLE I -DUTIES A. ACC/ACTS : 1. ACC/ACTS shall provide student laborers to perform construction jobs related to the construction of a dwelling located at 2360 South Zuni Street (the "Project"), according to the plans and specifications to be provided by the City. ACC/ACTS shall provide work uews in separate classes. 2. ACC/ACTS shall instruct the Student Laborers in the construction trades' skills, which they will need in order to perform their tasks in the construction of the dwelling . ACC/ACTS makes no representations that the Student Laborers will be skilled in the tasks they are asked to perform by the City. (See attached Task List outlining responsibilities of the City and ACC/ACTS. 3. ACC/ACTS shall make available at the consttuction site for use by the Student Laborers in construction of the dwelling, hand and power tools, except those mentioned in Article I-B . 3, as ACC/ACTS shall deem adequate in quality and quantity. To the extent that other equipment is needed for the Project and is available w it hout cost to ACC/ACTS, ACC/ACTS shall provide the equipment. All other equipment shall be the responsibility of the City. 4. Transportation will be the responsibility of the student laborers and/or school districts where applicable and provided. B. THE CITY: l. T he City sha ll manage and supervise the construction Project. The City shall obtain all permits, licenses, inspections and certificates, blueprints and utilities (temporary service). 2 . The Ci ty shall pay the costs of all materials used on the Project, for all subcontractors other than ACC/ACTS and all other costs associated with the Project, except those which are to be paid by ACC/ACTS as set forth in this Agreement. E X: H I B I T A. 3. The City shall provide each Student Laborer with the following tools or acceptable substitute: Tool Belt -Atchison A427-SP, Framing Hammer Stanley -SI649, Tape Measure -25' 33-425, Safety glasses UVEX S 129, Combination Square Stanley 46222, Chalk Line -Stanley 47-051, Utility Knife -Stanley 10-299, Hard Hat- OSHA approved. The City shall not be responsible for the replacement of any tools, which are lost or stolen. If the Student Laborer completes the course, he or she shall be allowed to keep any of the tools remaining in his or her possession . 4. The City shall contribute $30.00 per Student Laborer toward lhe cost of jackets for each Student Laborer. 5. The City shall have the right to object to the involvement or prevent the future involvement of any Student Laborer in the Project for failure to adhere to instructions of the City or its agents, violation of safety rules, and conduct which may be harmful to the City, any of its officers, directors, agents or invitees or to any other Student Laborer, or conduct which would constitute a misdemeanor or felony. Every effort will be made to see completion of the Project within one school year. 6. The City shall require that subcontractors, other than ACC/ACTS, shall take reasonable time to explain the work they are performing. It is expressly agreed that these explanations are merely incidental to the work to be performed by such subcontractors and arc to interfere as little as practicable with the subcontractors' other duties . ARTICLE IT -LIABILITY A. ACC/A TS through the Consortium Districts shall maintain, at the District Member's sole cost, adequate Workers' Compensation Insurance coverage for the Student Laborers, during all times during which Student Laborers are working on the Project. ACTS onsortium Districts shall provide evidence of insurance upon the expiration and renewal of any term of insurance or upon any change in Workers' Compensation In surance coverage to ACTS Consortium Districts . B. The ity will not hold ACC/ACTS responsible for products and completion insurance co verage . C. T he C ity sha ll mainta in li a bility coverage for the Project. D . A I A TS shall provide an acceptab le waiver of liability for eacl1 Student Laborer. E . All perso nal property b e longing ACC/ ACTS or the Student Laborers that is in or on the Proj ect sh a ll be there at the ri s k of ACC/ACTS . The City, its agents, directors or emp loyees s h a ll not be li a ble for an y damage thereto, unless such damage was caused directly by the Ci ty, its agents, directors or employees . The City shall not be res ponsible for providing security for a personal property left on the job si te by A /A TS or the Student Laborers . ARTICLE III -TERMINATION /\. Ei th e r par ty may terminate this Agreement al a ny time upon 3 0 days written notice mailed or delivered to the address set fo rth above. The parties agree th a t prior lo t nnination of this Agreemen t by thi s provision, the parties sha ll meet o r attempt to meet to resolve any dispute . Either party may, for any reason whatsoever, terminate this Agreement after any such meeting or attempted meeting pursuant to this provision. Neither party shall be liable to the other for any actual or perceived lack of good faith in attempting to resolve any dispute in accordance with this provision . B. In the event of termination, the parties shall have no further obligation whatever under this Agreement and the Student Laborers may keep any tool belts and tools, which have been, supplied them. C. This Agreement may also be terminated if an acceptable site is not provided by the City by a date mutually acceptable to the parties. ARTICLE IV -EQUAL OPPORTUNITY ACC/ ACTS shall adhere to all federal, state and local statutes, ordinances and regulations including, but not limited to, equal opportunities and civil rights laws. ARTICLE V -WAIVER No waiver of any provision of this Agreement shall be construed to be a waiver of any subsequent breach of the same or any other provision of this Agreement. ARTICLE VI -INTEGRATION Any and all prior agreements between the parties hereto with respect to the subject matter of this Agreement are hereby canceled and terminated. No amendments to this Agreement shall be made other than by a written amendment signed by all the parties. ARTICLE VII -ATTORNEYS' FEES In the event of any action or proceeding brought by either party against the other under this Agreement the prevailing party shall be entitled to recover all expenses incurred therefore, including but not limited to, reasonable attorneys' fees. ARTICLE VIII -GOVERNING LAW This Agreement is made and entered into in the State of Colorado, and shall in all ways be governed and construed by the law of such State. ARTICLE IX -INDEXING All indexing set forth in the margin of this Agreement are intended for convenience only and shall not control or affect the meaning, constrnction or effect of this Agreement or of any of the provisions thereof. ARTICLE X -SEVERABILJTY If any provision of this Agreement is adjudicated invalid or against public policy for any reason by a court of competent jurisdiction, it is specifically intended that each and every provision not so invalidated shall remain in full force and effect. ARTICLE XI -HEIRS. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and constitute a binding obligation upon the contracting parties and their respective heirs, successors and assigns. ARAPAHOE COMMUNITY COLLEGE (L Date: !-/-!?-O? ARAPAHOE COMMUNITY COLLEGE By:al Date: Y) h~ fa c. oseph A. Lo enzo, Controller CITY OF ENGLEWOOD By: Date: Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk TASK LlST* CITY OF ENGLEWOOD Temp Service set All legals and land permits Contractor License to Excavation Foundation Underground Plumbing Truss order Exterior (siding) Gutters Garage OH door HVAC Rough plumbing Rough electrical T 1sulati on Drywall finish/texture Painting interior & exterior Ceramic tile Concrete drive/walk Cabinets & tops Finish plumbing Finish electrical Floor coverings Sprinklers/landscape Provide a boom truck if needed ACC/ACTS CAREER AND TECHNICAL SCHOOL Back brace foundation Floor framing/subfloor Wall framing/Sheathing Roof Truss/Stick build Roof sheathing dry in Shingles (3 tab) Window/Exterior doors Hang drywall All Interior doors Closet shelves Case Base trim Window sills Medicine cabinets Towel bars & T .P. Hardware Set appliances (no built in oven) * This task list can be adjusted by mutual agreement of the (2) parties should scheduling require an adjustment ·,_/ ( RESOLUTION NO. SERIES OF 2006 A RESOLUTION AUTHORIZING THE EXEMPTION OF THE ENGLEWOOD HOUSING AUTHORITY FROM TIIE PUD APPLICATION AND DEVELOPMENT FEES FOR THE REZONING OF A SITE LOCATED AT US HJGHW A Y 285 AND SOUTH PENNSYLVANIA . WHEREAS, the Englewood Housing Authority submitted an application to rezone a .8 acre site from MU-R03-B to Planned Unit Development (PUD) to allow construction of a sixty-two (62) unit residential development designed for age and income qualified seniors; and WHEREAS, the independent living facility is proposed at the northeast and northwest comers of South Pennsylvania Street and US Highway 285; and WHEREAS, the PUD Application fee of$1,450.00 is administered by the Community Development under Title 16 of the Englewood Municipal Code; and WHEREAS, the Englewood Housing Authority has submitted a request for the City to waive the PUD rezoning application and development fees; and WHEREAS, the Englewood Housing Authority has previously been exempted from all building permit fees under Title 8 of the Englewood Municipal Code; and WHEREAS, the total amount of waived development fees is based on the valuation of the development project and thus has not been determined since a Building Permit application can not be submitted until the PUD application is considered; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes an exemption of the Englewood Housing Authority from the PUD Application and development Fees for the rezoning of a site located at US Highway 285 and South Pennsylvania. ADOPTED AND APPROVED this l 11 of May, 2006. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2006. Loucris hia A. Ellis , City Clerk 12 bi MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Council Member Bob McCrr:1/\ Gary Sears, City Manage~~ Sue Carlton Bradsha~cutive Assistant May 1, 2006 Colorado Municipal League Conference The Colorado Municipal League Conference will be held in Breckenridge from June 19-24, 2006. Listed below are anticipated expenses while attending the Conference. Registration Lodging Meals Mileage Total $215.00 524.00 277.00 76.oo $1.092.00 If you need additional information, please let me know. Thanks. - MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Pro Tern Jim Wood';jf ;tJ Gary Sears, City Manager Jl<d1 Sue Carlton Bradshaw, Ex~cutive As~ May 1, 2006 Colorado Municipal League Conference The Colorado Municipal League Conference will be held in Breckenridge from June 19-24, 2006. Listed below are anticipated expenses while attending the Conference. Registration Lodging Meals Mileage Total $215.00 655.00 277.00 76.oo $1,223.00 If you need additional information, please let me know. Thanks. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session May 1, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:30 p.m . 2. Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn. 4. Roll Call Present: Absent: A quorum was present. Also present: Council Members Tomasso, Moore, Barrentine, Oakley, Mccaslin, -c ~o~:ward, Wolosyn )aJ-~, ~ .. g::~ ~;~~~~ :,~~;:,,;;: / ct\\ ~~~ ~~ Deputy City Manager Flaherty / 'rr.tJI\ Do.Ji ' City Clerk Ellis..--,-yv ~ . ,, Deputy City Clerk Bush / Director Olson, Safety Services Director Gryglewicz, Finance and Administrative Servi es Director Long, Library / / Director Ingle, Information Technology ./"' Housing Finance Specialist Grimmett, Community Development / 5 . Consideration of Minutes of Previous Session ~ ""'111\/)u f,\_:1/ (a) COUNCIL MEMBER~ ifOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES v \ OF THE REGULAR CITY COUNCIL MEETING OF APRIL 17, 2006. Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley 11 Q Nays: None /'/ Motion carried . 6 . Recognition of Scheduled Public Comment (a) Englewood resident Kendall York will be present to speak on wind generators . 7 . Recognition of Unscheduled Public Comment There were no unscheduled v is itors . Communications, Proclamations and Appointments 'Englewood City Council May 1, 2006 Page2 \ ~q (a) An e-mail from Randia Laga announcing her resignation from the Code Enforcement Advisory e'o~mittee was considli,ed. COUNCIL MEMBER ~vW. AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF RANDIA LAGA FROM THE CODE ENFORCEMENT ADVISORY COMMITTEE. Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn , Woodward, -1 Tomasso, Oakley /1 0 /'.I /')~{1 Motion carried. Nays : None · / ..-""'I c.,c.,y[/, · - \ ~ Q (b) A proclamation declaring Judy Cain and the late Jim Cain as Englewood's Citizens of the Year for 2006 was considered. d COUNCIL MEMBER ~rvED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING JUDY CAIN AND THE LATE JIM CAIN AS ENGLEWOOD'S CITIZENS OF THE YEAR FOR 2006. Ayes: Council Members Barrentine , Mccaslin , Moore, Wolosyn, Woodward, ,/11 I Nays: Motion carried . Tomasso, Oakley 1 Q ,1 ,/Wf u 6--' Nooe / .~rf \) 9. Consent Agenda ~l,l.))..A~ z,J \ 't) COUNG-ILJAEJ,1BER \fJ MOVED, AND IT WAS SECONDED, ~OVE CONSENT AGENDA ITEMS / 9 (a) (i), (Ii), (111), 9 (b) (~and 9 (c) (~, (~, (i~, (i' I): Q ~(JYW (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 8, INTRODUCED BY COUNCIL MEMBER _ A BILL FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, SECTION 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHICH PERTAINS TO ELECTION RETURNS/CANVASSING . (ii) COUNCIL BILL NO . 9, INTRODUCED BY COUNCIL MEMBER __ A BILL FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE ADDITION OF A NEW SECTION 7 ENTITLED CONTRIBUTIONS. (ii i) COUNCIL BILL NO . 10, INTRODUCED BY COUNCIL MEMBER _ A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 1 A, SECTION 4 , OF THE ENGLEWOOD MUNICIPAL CODE 2000. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . _, SERIES OF 2006 (COUNCIL BILL NO . 6, INTRODUCED BY COUNCIL MEMBER ) AN ORDINANCE AMENDING TITLE 5, CHAPTER 8 , SECTION 3, SUBSECTION C, OF HE ENGLEWOOD MUNICIPAL CODE 2000 , WHICH PERTAINS TO REFLEXOLOGY EDUCATION REQUIREMENTS . (c) Resolut ions and Motions (i) RESOLUTION NO . _, SERIES OF 2006 Englewood City Council May 1, 2006 Page3 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION AND TRANSFER OF FUNDS TO THE 2006 BUDGET FOR CROSSWALK IMPROVEMENTS AT THE MALLEY CENTER. (ii) RESOLUTION NO . _, SERIES OF 2006 A RESOLUTION GRANTING AUTHORITY TO THE CITY CLERK'S OFFICE AND THE ENGLEWOOD ELECTION COMMISSION TO PRINT IN THE FIELDS FOR CITY AND COUNTY INFORMATION ON THE CITY OF ENGLEWOOD CANDIDATE NOMINATION PETITIONS BEFORE THEY ARE SIGNED . (iii) RESOLUTION NO. _, SERIES OF 2006 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE "SUMMER FOOD FOR FINES" PROGRAM FROM MONDAY, MAY 22, THROUGH SUNDAY , JUNE 4, 2006 . (iv) RESOLUTION NO. _, SERIES OF 2006 A RESOLUTION AUTHORIZING AN INTEGRATED PROCUREMENT AGREEMENT WITH TELE-WORKS, INC. OF BLACKSBURG, VIRGINIA FOR THE PURCHASE AND IMPLEMENTATION OF AN E-MAIL SERVICES PLATFORM FOR WEB AND TELEPHONY-BASED ELECTRONIC SERVICES AS A NEGOTIATED SOLE SOURCE INSTEAD OF USING THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3 OF THE ENGLEWOOD MUNICIPAL CODE 2000 . Vote results: Motion carried. Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None 10. Public Hearing Items No public hearing was scheduled before Council. \°"s 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading AA (i) Housing Finance Specialist Grimmett presented a recommendation from the ~V \ Community Development Department to adopt a Bill for an Ordinance for the redemption and subsequent sale of 3030 South Sherman Street acquired through the foreclosur; 1 ~rocess ~; ~*;Jine~ by 501orado State Statute . I /\~ COUNCIL MEMBER i D~~o. AND IT WAS SECONDMf.o/Jid~<&ve ~DA ITEM 11 (a) (i): / i \II COUNCIL BILL NO. 11. '7,,..-0 ~ C. COUNCIL BILL 11, INTRODUCED BY COUNCIL MEMBER __ A BILL FOR AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF A HOUSING REHABILITATION PROPERTY LOCATED AT 3030 SOUTH SHERMAN STREET IN THE CITY OF ENGLEWOOD , COLORADO . Vote results: Mot io n carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None 'Englewood City Council May 1, 2006 Page4 (ii) Housing Finance Specialist Grimmett presented a recommendation from the Community Development Department to adopt a Bill for an Ordinance authorizing the execution of three Intergovernmental Sub Grantee Agreements for the 2006 Arapahoe County Community Development Block Grant Program between the Arapahoe Board of County Commissioners and the City of Englewood. COUNCIL MEMBER~ of""~, AND IT WAS SECONDED, TO APPROVE AGENDA ITE~ j1 (a) (ii) - COUNCILBILLN0.12. 1.,,.0 ~U COUNCIL BILL 12, INTRODUCED BY COUNCIL MEMBER __ A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF THREE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2006 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD , COLORADO . Vote results: Motion carried. Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward, Tomasso, Oakley Nays : None (iii) Housing Finance Specialist Grimmett presented a recommendation from the '2 '2. 1/ Community Development Department to adopt a Bill for an Ordinance authorizing the sale of 2350 South Zuni ,'-' Street in Englewood . . \\'.) COUNCIL MEMBE;T 6~D, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a) (iii) • q COUNCILBILLN0.13. 1 .... 0 ~cl COUNCIL BILL 13, INTRODUCED BY COUNCIL MEMBER __ A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 2350 SOUTH ZUNI STREET PURSUANT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL. Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn, Woodward, Tomasso, Oakley Nays : None • 1 ~ l ll (iv) Hous ing Finance Specialist Grimmett presented a recommendation from the t.--r r Commun ity Development Department to adopt a Bi ll for an Ordinance authoriz ing the execut ion of a thre e-year Intergovernmental Cooperation Agreement between Arapahoe County and the City of Englewood relating to the conduct of the Community Development Block Grant and HOME Investment Partnership programs for program grant years 2007 through 2009. , f,(l l L COUNCIL MEMBER'\ 6 ~2r,, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iv) - L1: \) 1 COUNCIL BILL NO. 14. 1.,,..0 flfr cl_ COUNCIL BILL 14 , INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A THREE YEAR INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR THE ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS FOR PROGRAM GRANT YEARS 2007 THROUGH 2009 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO . Englewood City Council May 1, 2006 Pages Vote results: Motion carried. Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward , Tomasso, Oakley Nays : None , (_Qi,. (v) Housing Finance Specialist Grimmett presented a recommendation from the "1,. ~ Community Development Department to approve a Bill for an Ordinance authorizing the execution of an Intergovernmental Agreement with Arapahoe Community College/Area Career and Technical School for the 2006/2007 school year to build one single-family residence at 2360 South Zuni Street in Englewood . (.,.. '1/\ COUNCIL MEMBEA\6~o. ANO IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) - vJ J \ COUNCIL BILL NO, 15, '7 r' D t2p fVV d COUNCIL BILL 15 , INTRODUCED BY COUNCIL MEMBER __ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2360 SOUTH ZUNI STREET , ENGLEWOOD , COLORADO. Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward , Tomasso , Oakley Nays : None (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item 9 -Consent Agenda.) (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 9 -Consent Agenda .) 12 . General Discussion 'f!!!>.d ~ t /1..f,L) _ '.5 ~:.:~: .. '" ~:::~,::::y maiw,~,.~ ~ Jj ::{~d (b ) Counc il Members ' Cho ice (Clerk's note: The was listed on the Agenda as Item (12 (b) (i)] RESOLUTION NO. _, SERIES OF 2006 A RESOLUTION AUTHORIZING THE EXEMPTION OF THE ENGLEWOOD HOUSING AUTHORITY FROM THE PUD APPLICATION AND DEVELOPMENT FEES FOR THE REZONING OF A SITE LOCATED AT US HIGHWAY 285 AND SOUTH PENNSYLVANIA. Votel'NUlla: Ayes: Counci l Members Barrentine, McCaslin, Moore, Wolosyn , Woodward , Tomauo,Oakley Englewood City Council May 1, 2006 Page& ~L~ lo 1).0 (i) Council Member ~ltU · 0-'c?xf)V · e)VY.J I ~ t..\-? (ii) f'h (!_IL._ J. ,:, , t?tt> u- \l Council Member ,,r ~,.... .-.... ~ C,,rYZ,L (a~ (i ii) Council Member~ ,.. ~ (R q °f (iv) Council Member D r,ud).,vt ~ '1.0 \ (v) Council Member ~ -~ fd~ rJd'O ~ (vi) Council Member U) ODµA/ wuJ , fC.MJ~/,w}z.15),\ ~ t*'zj i\t (~'t ~'! ~~nager's Report '3 f tt,/) ety~ar~a~~w.,~a~~ 6V/Jue $(<.fS7)~1).A!UJ~ O l'\ o(>. 14. I ,g~ OUI iCII . ? 21, na,,._.\"\ ()~ ~ ~ ~ 0v' l -, City Attorney's Report '..> ""JI.I, --rr . ~~ty Atto::::::.• did not have any matters to bring before Council . i~, ,h ~d (,m l Cf\'J\ MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned at 'it.DJ_p .m. 0~ ~~ (o -0 /ab~ ,Ji j_ I A J ~---------~~~~-WliJl)JUJAU & ~ c.f ~ ---UJ ooJw-~ :;ft: j; :g:;::-;_m :1 ' ~b fl'UDH 'P§N:I fo-0/1,ff _ 1_ r_ · mt~ rvv..Mtl-l --v City Clerk 1. 2. 3. 4. 5 . Roll call and ___ ? __ present cc ~1~minutes Members: Tomasso~ Moore Barrentine ~ Oakley ~ McCaslin ~ Woodward Mayor Wolosyn ~ ____ absent _______ moved COUNCIL • Meeting wori<ing notes • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, May 1, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Calltoorder7,s<;;.1~ 2. Invocation. ~ 3. Pledge of Allegiance. 4. 5. Consideration of Minutes of Previous Session . ~1),0. M;nutes from the R~eet;ng of Apr;I J 7, 2006~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) all York w ill be present to speak on wind generators. 7 . Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes . Time for unscheduled public comment may be limited to 45 minutes and if limited shall be con~neral Discussion .) 8. Communications, Proclamations, and Appointments. JlJ I\ A I ~ E-ma;I from Rand;a Laga nnoundng her res;gnafoWpm th e Code Enforcement ~0.:t Ad isory Committee. ~ b. Pro larnation declaring Jud y Cain and th e late Jim S~ ~s_Englewood 's Ci t izens of th e f)-"{) Year for :!006. ~ ~ol--A-- Englewood C ity Coun ci l Agenda May 1, 2006 Page 2 9 . /JA'JlJ//fl) ~ 4_ I:,,,_ 1-3 cf--f-/ c:'la:::enda Items -{t / y-,J_ 3/1- a. Approv al of Ordinances on First Reading. i. Council Bill Ng. 8 -Recommendation from the Department of Finance and Administrati v e Services /City Clerk 's Office and the Election Commission to adopt a Bill for an Ordinance amending the Englewood Municipal Code § 1-8-4 regarding Election Returns ; Canvassing. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. ii. Council Bill No. 9-Recommendation from the Department of Finance and Aam1111strati ve Services /City Clerk 's Office and the Election Commission to adopt a Bill for an Ordinance stipulating that City of Englewood candidates will be allowed to accept contributions from corporations and labor organizations in accordance with the Colorado Constitution. STAFF SOURCE: Frank Gryglewicz, Director of Fina1_;1ce and Administrative Services. iii. Council Bill No. 10 -Recommendation from the Department of Finance and Administrati v e Services to adopt a Bill for an Ordinance deleting outdated and confusing language in Title 7-1 A-4 of the City of Englewood Municipal Code. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. b . Approval o f Ordinan ce s o n Sec ond Reading. Council Bill No. 6 amending the education requirements for reflexologists to allow an applicant a license if they possess a valid certificate from a state recognized refle xology certification board. c. Resoluti o ns and Motions. Reco mm end ati o n fr o m th e D ep artm ent of Fin ance and Admin is trati ve Se rv ices to approve a Reso lution fo r suppl em ental app ropri ati o n o f M all ey C enter Tru st f und s and a transfer of funds from t he Genera l Fu nd for Mall ey Cen t er crosswa lk improvements in the amount of S:!4,500. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services . Recommendation from the Department of Finance and Administrati e Services/Ci ty Clerk's Office and the Election Commission t o appro e a Resolu t ion au th orizi n g the au t o fi ll of fiel ds fo r City and Coun ty info rm at ion on th e C ity of Englewood candidate nomina t ion pe t itions. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services . ' ' Engl ewood City Coun c il Agend a M ay 1, 2006 Page 3 iii. iv . Recommendation from the Engle w ood Public Library to appro ve a Resolution authorizing the Library 's "Summer Food for Fines " program from Monday, May 22 through Sunda y, June 4 , 2006 . STAFF SOURCE: Hank Long, Director of Library Services . Rec ommendati o n fr om the Departm ent of Information Tec hnology to approve, by Resoluti o n, an agreement for purchase and implementation of an e-Se rv ices platform for w eb and telephon y based el ectroni c services. Staff recommends awarding a sole-source contract to Tele -Works in the amount of $102,000. STAFF SOURCE: Don Ingle, Director of Information Technology. 10. Public Hearing Items . (No Public Hearing Scheduled.) ~ 11. Ordinances, Resolutions and Motions. d/D __,,a. /Approval of Ordinances on First Reading. i. Council Bill No. 11 -Recommendation from the Community Development , ~ Department to adopt a Bill for an Ordinance for the redemption and sub sequent sale of 3030 South Sherman Street acquired through the foreclosure process as defined b y Colorado Stat~tute. ST AF~OURCE: Janet Grimmett, Housing Finance Specialist. V ~ ii. Council Bill N o . 1 2 -Recommendation by the Community Development '") //')--/ Department to adopt a Bill for an Ordinance authorizing the execution of three cr-/1 ~ <) ~ Intergovernmental Sub Grantee Agreements for the 2006 Arapahoe County .:)J Communi ty Development Block Grant Program between the Arapahoe Board j)?~ of County Commi ssioners and the City of Engle w ood. STAFF SOURCE: Janet ~(_/ Grimmett, Com~ '2~v~lopment Department Housing Finance Specialist. (/ /Y ~ iv. Council Bill No. 13 -Recommendation from the Commun ity Development Department to adopt a Bill for an Ordinance authorizing the sale of 2 350 South Zuni St reet in E~~w?o~. ST~F SOURCE: Janet Grimmett, Housing Finan ce Specialist. ~J ~ Cou ncil Bi ll No. 1 4 -Recommendation fr om the C o mm u nity D eve lopment LJ ep artmen t to adopf a Bill for an O rdi na nce autho ri zi n g th e execution o f a thr ee-yea r In tergovernmen tal Coopera tion Agreemen t between Arapa h oe Cou nty and the Ci ty of Eng lewood re lat i n g to th e co ndu c t of t he C o m muni ty D eve lopm e nt Block Gran t and HO /f\E Inve stm e nt Par tn ership programs fo r pro gram gran t y ears 2 00 7 through 2009 . STAFF SOURCE: Janet Grimmett, Housin g Finance Speciali ~ note: If ou h;i e a di abi lity and need auxiliary aid or ervices, p lease no tify the ity o f Eng lewood ( 0 ·7 6 ... -2 40 7) at leas t 48 hours in adv.1nce of when ervices are needed. Thank you. Englewood City Council Agenda May 1, 2006 Page 4 tf 1~ ?~ncil Bill No. 15 -Recommendation from the Community Development 12 . Tiepartment to approve a Bill for an Ordinance authorizing the execution of an Intergovernmental Agreement with Arapahoe Community College/ Area Career and Technical School for the 2006/2007 school year to build one single-family residence at 2360 South Zuni Street in Englewood. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist.~ b. App~rdinances on Second Reading. _ c. Resolutions and Moti~s. --/ C,) IJU/ifa~u j Gene~• ~ _ ~/l //f7tPJ!7nUJ ~ {o- a. Mayor's Choice ut) ~ ~fil b. Council Members' Choic~ ~ AA,,(, Resolution to waive de ve lopment fees on E~g~~o! 'jp~~i~ ~uthJtrity housing project at South Pennsylvania and US 285. VU ~ti,/ 1...# '- 13. City Manager's Report. 14. CiT's Report. Adjournm?{:O / If 1 5. The following minutes we re transmitted to City Council between April 14 and April 2 7, 2006. • Alliance for Commerce in Englewood meeting of March 9, 1006. • Code Enforcement Adv isory Committee meeting of March 15, 2006. • Cultural Arts Commission meeting of March 1, 2006 . • Election Commission telephone polls of March 29 and April 12, 2006. • Liquor Licensing Authority meeting of March 22 , 2006 and telephone poll of April 5, 2006 . • Parks and Recreation Commission meeting of March 9, 2006. • Planning and Zoning Commission meeting of March 2 1, 2006. • Transportation Advisory Committee meeting of March 9, 2006. Pl ea .e no t : If you have a di ability and nee d auxili ary aid s or erv ices, pl eas notify th e ity of Eng lewood (3 03 -7 62 -240 7) at I as t 48 hour in advan e of wh en ervice are nee ded. Tha nk o u . r