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HomeMy WebLinkAbout2006-07-10 (Regular) Meeting Agenda Packet.----- Regular City Council Meeting July 10, 2006 ORDINANCE#~ 24, 25, 26, 27, 28, 29 RESOLUTION # /s/ y< £ 5~ s/,° ~ £ 60"; 6,Y.6/ 6yy: ~~. y. ~ 7'10. 71, 72, 73 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session July 10, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :36 p.m. 2 . Invocation The invocation was given by Council Member Mccaslin. 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Council Members Tomasso , Moore, Oakley, Mccaslin , Woodward , Wolosyn Absent: Council Member Barrentine A quorum was present. , Also presen t: City Manager Sears City Attorney Brotzman Deputy C ity Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson , Safety Services Director Gryglewicz , Finance and Adm inistrative Services Director Fonda , Utilit ies Economic Development Coordinator Hollingsworth , Commun ity Development Director Eaton , Human Resources Commander Sanchez, Safety Serv ices Directo r Ingle , Information Technology Director Black , Parks and Rec reat io n Open Space Manager Lee , Parks and Recreation Fire Divis ion Operations Chief Pattarozzi , Safety Services 5 . C on si derat ion of M in utes of Pre v ious Se ssi on (a) COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 19, 2006. Mayor Wolosyn asked if there was any discussion . There was none . Vote res ults : Ayes : Nays : Absen t: Mot ion c arried . Council Members Mccaslin , Moore , Wolosyn , Woodward , Tomasso . Oakley None Counc il Member Ba rr ent ine 6 . Recognition of Scheduled Public Comment Englewood City Council July 10, 2006 Page2 (a) Doug Cohn , an Englewood resident , said thanks for this opportunity to talk to you all. Last year, about this time , some merchants came and talked with City Council about having a Car Show here in Englewood . We hadn't done one downtown for a long time . At that point , we asked you for the use of the parking lot on Lincoln Street and the loaning of the trolley car and the old fire truck and the ambulance as entrants in the car show . We asked for some barricades to block off the parking lot and the Public Works guys, the street division , offered to sweep the parking lot before the car show . And, you graciously helped us and we had a good car show last year. This year there are a number of Englewood residents who are doing most of the planning for the car show. The business guys are taking a second chair this time and offering their assistance . These are guys right here in town who want to put the car show together . We would like to use the same lot we used last year on Lincoln Street but in addition , we need to ask for some more help . In your packet, the part labeled 6 a, there are some e-mails that were exchanged , back and forth, between myself, Bob Simpson, Brook Bell and Ladd Vostry about concerns having to do with the car show . I would li ke to talk real quickly about those. On that list, number one , the Acoma lot that the City has a deal with Centex about and the vacant lot right beside my store at 3421 ... we would really like to put the antique tractors in that lot and have a monster truck in the vacant lot right on the corner. The problem that we have is that the City is in negotiations right now with the Centex guys and the closing is coming up here at some point along the way . What I would really like to have happen ... my first choice ... would be that you all put off the closing until the 11th of September and then the City would own the lot on September 9th . Then you all could say yes on the use of the parking lot and the vacant lot on the corner . Additionally, there are some things that we need your assistance with. We would like to borrow or rent the recreation show wagon . We are going to have live music at the car show and it would be real handy to have a place , just in case it rains . So that is one of our requests ... can we either borrow the show wagon or can you rent it to us? Last year you loaned us some barricades to restrict access to the parking lots . This year we wou ld like to borrow the barricades as well . We would like to rent the Cherrelyn Horse Car as a free shuttle bus that would run back and forth on Englewood Parkway . The fellows that bring the tractors ... besides having the antique tractor ... each tractor comes w ith a pickup truck and a tra iler . We are working right now on f inding some large open parking spaces and we would use the shuttle bus back and forth down this way somewhere . I've talked with the guys at the bank and the fellows over at the Phar-Mor Center and we are negotiating right now to find some place for the trailers to park . We also would like to place an ad ... an insert ad ... in the September/October Englewood Citizen newspaper. I don't think I have ever seen one and don't even know if that can be done but one of the ways that it seems like if we get the word out to the residents here in town would be to put an advertisement in the Citizen . I don't know who to ask about that but I would appreciate it if you could give us some idea on that. If the price isn't too high , we will buy an ad . One of the big challenges is the traffic and the pedestrians on Broadway. We have been wrestling back and forth ... our first thought was to close a block of Broadway and then the second thought was , well we can leave one lane of Broadway open in each direction . In the supplementary material you got in 6 a , Mr. Vostry suggested that if we wanted to keep a lane going in each direction , we would need to put in concrete barricades for barriers between the pedestrians and the cars and that would cost us $17 ,000 .00 . He said it would be cheaper to close the street. The challenge we have ... the m erchants o n Broadway are n ot a b it inte res ted in having th e street c losed , so this is a d ifficul ty , as the organ iz ing committee, we don't have worked out yet. We need to get back to you on that one issue . In so me of the notes, there was a concern expressed about the security during the show and the one group of guys who are working with us in the organizing committee is the Hoodlum Car Club . Isn't that a great name for a car club? And the Hoodlums are going to have some of their members that will dress in different colored shirts that will provide guest services ... I guess we will call them ... and security . We would like to also use both the banner locations ... one down in the 3400 b lock and one d own in the 2800 bl ock ... a nd stretch banners across the street. W e would like you also to w ai ve the fee on p utting the b an ners u p on th e p oles . A n d just t he one last thi ng , we w ould like permission to have the old fire truck a nd the old am b u lance e ntered again thi s year in the car show . They were both a big hit. B ut we d id have some th ings w e need to have you g uys c on sider and w e w ould like your assistance in these matters . I think that is all I have to say . Thank you . Mayor Wolosyn said thank you Doug and I will put this under Mayor's Choice at the end of the meeting , thanks . Mr. Cohn said thank you . 7 . Recognition of Unsched uled Public Comme nt Englewood City Council July 10, 2006 Page 3 (a) Mark Craft, an Englewood resident, said I would like to thank our City Council person, John Moore, for donating the flag to our building ... the Simon Center . It looks very nice and Dawn Shepherd can testify to that too . All the residents are very proud and very thankful for it. Mayor Wolosyn said thank you . (b) Bob Farris, an Englewood resident, said I'm one of the business owners working on the car sho . We have put quite a bit of time into getting all the logistics set up so that we have, basically, a good running model of what is going to happen on September 9th. It is two days before the 5th anniversary of September 11th. We are still working on getting an M1 Abrams Tank . This is a big project...it is probably not going to happen, so we might work with some of the smaller tanks ... the civilian owned units in town. This is something we need to start working on, with the City, to bring more people into Englewood . We have a really great little town here ... old trees and high priced houses ... it means we have a pretty good community . We have a difference of opinion among some of the business owners, up and down Broadway, about closing Broadway off or not, or what we can do as far as closing it down to one lane of traffic in each direction. Some of those things are just the basic logistic problems that we are going to have to work on . This is something that I think is going to benefit the business owners and the community by bringing new people in and letting them know that we are a pretty good little community down here . We started working with 7-Up as a sponsor ... we are looking at other sponsors too, so this is not something that is just going to be a small little unit. We are actually working with some of the bigger people, hopefully. We haven't gotten a hold of Burt Chevrolet yet, but we would like to get them involved in this thing . Any other large business owners in Englewood that would like to be involved with a real Englewood program, this is something they can start helping with. But we do want to put our two-cents worth out there for this thing. We really want this to go. Last year it was a pretty good little unit for a small car show . This year it is going to grow a little bit bigger . Over the years, this might grow to be something that is going to be a big draw to the City of Englewood . You know you have to start kind of small sometimes, but it looks like it could grow into a pretty good sized unit. We could have as many as 500 cars or, if we wanted, 3,000 cars . Cars ... really that is kind of the smallest part of this . I think everything is starting to come together pretty good and if we can get the support of the City Council on this thing, I think it is going to be good advertisement for the City and the community in general. Mayor Wolosyn said thank you . (c) Ted Vasilas, an Englewood resident and business owner, said last year we had the car show some time in July. Unfortunately, it was about 100 degree weather that day , but it was very successful. We had a full parking lot of nice cars. We had a lot of people attend the show, but we never closed Broadway. I represent most of the merchants on South Broadway in the 3300, 3400 and 3500 blocks . I received five or six calls today and about four or five calls on Friday ... everybody opposes the closing of Broadway during the car show . I am talking about myself right now and Kaufman's, the Surplus Store, Wagner's, Edwards Tobacco, and Brian, who is here tonight. We do most of our business on Saturdays . We are destination businesses . We receive customers from all over Denver and the Colorado area . When people come and they cannot come to our stores ... okay , they leave and it takes them about three to six months to come back, so we don't want to lose our income that day. We are for the car show . I would like to ask the City Council to consider giving us a permit to do a car show , but we have to find a way to work a car show using both lots ... the west parking lot of Broadway and the east parking lot of Broadway. We have plenty of parking lots , plenty of parking. We would ask Public Works and the Police to make special signs for that day to say Special Event-Speed Limit 15 mph or 20 mph, whatever is fair ... to allow the Public Works and the Police to be able to control the pedestrians and the traffic . I appreciate the guys who volunteer to bring the cars , because last year I had to write the checks three times from my business to support the car show , because we had to pay about $1,800 .00 for the guy who brought the cars to our area . But this year , local guys have volunteered . They said they don 't want any money ... that they will bring the cars . That is really n ice and we appreciate that. We want the car show, but please do not close Broadway. So, we have to find a way to have a car show and I appreciate the guys who are willing to bring their cars and work with us . But , we don 't want to interrupt our business for the whole Saturday. Thank you . Mayor Wolosyn said thank you Ted and thank you for your suggestion . 8 . Communications, Proclamations and Appointments Englewood City Council July 10, 2006 Page4 (a) A proclamation declaring the City of Englewood 's desire to enter into a formal Sister City relationsh ip with the City of Belm , Germany was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE CITY OF ENGLEWOOD'S DESIRE TO ENTER INTO A FORMAL SISTER CITY RELATIONSHIP WITH THE CITY OF BELM, GERMANY. Mayor Wolosyn asked if there was any discussion . Council Member Woodward said I think this is a great idea doing this , first internationally, and I would hope in the future that we would be able to do Sister Cities within the United States also. Mayor Wolosyn asked if there was any other discussion . There was none . Vote results: Motion carried . Ayes : Nays : Absent: Council Members Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley None Council Member Barrentine Mayor Wolosyn said I think that because this is a special occasion, I am going to read it out loud for everyone in the Chambers to hear. She read the proclamation in full. Mayor Wolosyn sa id I think it is a great idea and I look forward to hear ing about your visit when you get home . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (b) THROUGH 8 (p) • RESOLUTION NOS. 52 THROUGH 66 . (b) RESOLUTION NO . 52, SERIES OF 2006 A RESOLUTION RECOMMENDING ERNIE ARTERBURN FOR REAPPOINTMENT TO THE HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . (c) RESOLUTION NO . 53, SERIES OF 2006 A RESOLUTION APPOINTING MARJORIE BECKER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO . (d) RESOLUTION NO . 54, SE RIES OF 2006 A RESOLUTION REAPPOINTING ERIC BERTOLUZZI TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (e) RESOLUTION NO . 55, SE RI ES OF 2006 A R ESOL UTIO N RE A PPOI NTI NG BRI AN BLE ILE TO THE CODE ENFORCE M ENT ADV ISORY CO MM ITTEE FO R THE CITY OF ENGLEWOOD, COLORAD O. (f) RESOLUTION NO . 56, SE RIES OF 2006 A RESOLUTION APPOINTING BRETT EAST TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (g) RESOLUTION NO . 57, SERIES OF 2006 Englewood City Council July 10, 2006 Pages A RESOLUTION APPOINTING ERIK FOSTER TO THE CODE ENFORCEMENT ADVISORY COMMITIEE FOR THE CITY OF ENGLEWOOD, COLORADO. (h) RESOLUTION NO . 58, SERIES OF 2006 A RESOLUTION APPOINTING ERIK FOSTER TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. (i) RESOLUTION NO . 59, SERIES OF 2006 A RESOLUTION REAPPOINTING DOOLEY GEHR TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . 0) RESOLUTION NO . 60, SERIES OF 2006 A RESOLUTION REAPPOINTING DEBORAH GUINTHER TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO/ (k) RESOLUTION NO . 61, SERIES OF 2006 A RESOLUTION REAPPOINTING CHRIS HOAGLAND TO THE CODE ENFORCEMENT ADVISORY COMMITIEE FOR THE CITY OF ENGLEWOOD, COLORADO. (I) RESOLUTION NO . 62, SERIES OF 2006 A RESOLUTION REAPPOINTING REBECCA LAUGHLIN AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (m) RESOLUTION NO . 63 , SERIES OF 2006 A RESOLUTION REAPPOINTING R. L. LUNDERS TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . (n) RESOLUTION NO . 64, SERIES OF 2006 A RESOLUTION REAPPOINTING JANET MOORE TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (o) RESOLUTION NO . 65 , SERIES OF 2006 A RESOLUTION REAPPOINTING KRISTA NIEDERJOHN AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (p) RESOLUTION NO . 66 , SERIES OF 2006 A RESOLUTION REAPPOINTING BRIAN VERBECK TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO . Vote results : Motion carried . Ayes : Nays : Absent: Council Members Mccasl in, Moore, Wolosyn, Woodward, Tomasso, Oakley None Council Member Barrentine Mayor Wolosyn presented certificates and City pins to all the appointees in attendance . Englewood City Council July 10, 2006 Page& Mayor Wolosyn said I would like to thank everybody who signed up the first time and those who re-upped . You know how much we appreciate you . Council Member Woodward said thank you . There was applause . 9. Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i) AND 9 (b) (i). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 26, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE GRANTING A UTILITY EASEMENT TO QWEST TELECOMMUNICATIONS CORPORATION (QWEST) FOR INSTALLATION OF A BURIED TELEPHONE SERVICE AT 2900 SOUTH PLATIE RIVER DRIVE (LITILETON/ENGLEWOOD WASTEWATER TREATMENT PLANT) AND 2800 SOUTH PLATIE RIVER DRIVE (ENGLEWOOD SERVICENTER). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 23, SERIES OF 2006 (COUNCIL BILL NO. 7, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING ENTERING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE SOUTH ARAPAHOE SANITATION DISTRICT, SOUTHGATE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD PERTAINING TO REIMBURSEMENT OF OVER CHARGED SANITATION FEES BY SOUTH ARAPAHOE SANITATION DISTRICT TO THE SOUTHGATE SANITATION DISTRICT CUSTOMERS . Vote results: Motion carried . Ayes: Nays : Absent: Council Members Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley None Council Member Barrentine (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 .) 10 . Public Hearing Items (a) Mayor Wolosyn said this is a Public Hearing to review and determine sufficiency of the petition (and signatures) requesting formation of the South Broadway Englewood Business Improvement District, to determine if the allegations of the organization petition are true, and to determine whether the types of services or improvements to be provided by the proposed district are those services or improvements which best satisfy the purposes as set forth in Colorado Revised Statutes , Section 31 -25 , Part 12 . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO REVIEW AND DETERMINE SUFFICIENCY OF THE PETITION (AND SIGNATURES) REQUESTING FORMATION OF THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT , DETERMINE IF THE ALLEGATIONS OF THE ORGANIZATION PETITION ARE TRUE, AND DETERMINE WHETHER THE TYPES OF SERVICES OR IMPROVEMENTS TO BE PROVIDED BY THE PROPOSED DISTRICT ARE THOSE SERVICES OR IMPROVEMENTS WHICH BEST SATISFY THE PURPOSES AS SET FORTH IN COLORADO REVISED STATUTES, SECTION 31-25, PART 12. Vote results : Englewood City Council July 10, 2006 Page 7 Ayes : Council Members Mccaslin, Moore, Wolosyn , Woodward, Tomasso, Oakley Nays: None Absent: Council Member Barrentine Motion carried and the public hearing opened . All witnesses were duly sworn . Economic Development Coordinator Hollingsworth said this evening I will presenting the information to be read into the record for the Public Hearing. The Public Notice for the Public Hearing was published on June 9, 2006 in the Englewood Herald. Proof of the publication is on file with the City Clerk's office . Pursuant to Colorado Revised State Statutes 31-25 Part 12, City Council is being asked to conduct a public hearing to determine the following . Number one ... to review and determine the sufficiency of the petition and signatures requesting the formation of the South Broadway Englewood Business Improvement District. Copies of the petition are available in the City Clerk's office for review. Number two ... to determine if the allegations of the organization petition are true . A copy of the BID petition form is in the Council packet for your review . Number three ... to determine if the services or improvements to be provided by the proposed district are the services or improvements which best satisfy the purposes set forth in State Statutes. A copy of the proposed BID operating plan and copy of the Colorado Revised Statutes, subsection 31-25 Part 12 is in the Council packet. Bid Petition Findings ... State law requires that the petitions cannot represent less than 50% of the assessed valuation of the proposed district and must represent at least 50% of the area of the proposed district. The petitions submitted and accepted total 53% of the assessed value of the district. The petitions submitted and accepted total 56% of the area in the district. Bid formation ... the ordinance creating the proposed BID will be considered by City Council at the July 24 1 h City Council meeting . That concludes my comments. I will be available to respond to any questions . Ted Vasilas said I am so glad that I am here tonight. We started the process for the BID in Englewood about a year ago. We had five public meetings throughout the year . Several people attended the meetings . We had many committee meetings and many meetings with individual property owners . We also sent surveys to all business and property owners during the process . All business and property owners were mailed notices about the Public Hearing tonight. The BID newsletter and operating plan both outline the public process . We have received over 50% of signed petitions and submitted them to the City Clerk's Office . We believe that the efforts of the proposed South Broadway Englewood Business Improvement District will help unlock Englewood 's vast potential and support additional business involvement in our community. I would like to thank the Steering Committee for their hard work and excellent team work . Also , I would like to thank the PUMA ... Progressive Urban Management Association ... Brad Segal and Anna Jones. They were very helpful through the entire process . Without their professional assistance, we would not be here tonight. Thank you very much for your support . We appreciate the City Council 's support throughout this process and we are looking forward to having a good partnership ... between the businesses of South Broadway and the City of Englewood . Thank you . Mayor Wolosyn asked is there anyone else who would like to speak at the Public Hearing . I recognize a lot of faces . Tom Burns , an Englewood resident, said I just want to say a few words in support of the BID . Several years ago when I was in office , we put about four and a half million dollars into South Broadway from Yale down to 285 . And I remember when I was in office, people used to ask me, when I drive down Broadway how do I know when I leave Denver and get to Englewood? And now, you can really tell. There is a great difference in the streetscaping , the layout, in the center medians and there is a sign of course and the leaves of grass, which frankly I like . And there have been a lot of synergistic improvements on South Broadway with the catalyst program and I congratulate Darren and the City on a recent DRCOG award on that. And this cooperation between the business community and the City, I think has been rather remarkable . Gary told me a few days ago that there is another plan to go beyond 285 .. .further south on Broadway ... to improve that area too . So, I like the idea because the business community has worked on it themselves and the people that are speaking here tonight and have been here really have to be congratulated . They put a years worth of work into this , as Ted just said , they really put a lot of effort into this and they are doing it themselves ... they are taxing themselves and I think that is a great synergy for the City . In the spirit of development , I might also add as an aside, I was in my office this afternoon w ith a commercial real estate broker and he was talking about the T-Rex project and all of the develop m ent opportun ities ... at Arapahoe Road and the other areas and Hampden ... of these transit oriented Englewood City Council July 10, 2006 Page 8 projects are popping up along there and he talked about Fas Tracks as well. He said you realize you are a model for this . Englewood is the project that they take off on and imitate when they do these projects . I said , are you serious about that and he sa id yes , you are absolutely the model for all of this . So , I would like to congratulate the City and Gary and all of the staff and the executives that we have had , consultants and everybody who has worked on that, because we have talked about a synergy between Broadway and th is part of the City with the bus iness community and I th ink a lot of that is happen ing now. I would like to congratulate all of you for your work on that. Thank you. Mayor Wolosyn said thank you Tom . Mayor Wolosyn asked if there was anyone else who wanted to speak during the Public Hearing. There was no one. Mayor Wolosyn submitted a letter , for the record , in oppos it ion , from James G . Alsum of Aurora who is a property owner of 2709 South Broadway. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO REVIEW AND DETERMINE SUFFICIENCY OF THE PETITION (AND SIGNATURES) REQUESTING FORMATION OF THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT, DETERMINE IF THE ALLEGATIONS OF THE ORGANIZATION PETITION ARE TRUE, AND DETERMINE WHETHER THE TYPES OF SERVICES OR IMPROVEMENTS TO BE PROVIDED BY THE PROPOSED DISTRICT ARE THOSE SERVICES OR IMPROVEMENTS WHICH BEST SATISFY THE PURPOSES AS SET FORTH IN COLORADO REVISED STATUTES, SECTION 31-25, PART 12. Vote results: Ayes : Council Members Mccasli n , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None Absent: Counc il Member Barrent ine Motion carried and the public hearing closed . 11 . Ordinances , Resolution and Motions (a) Approval of Ordinances on First Read ing (i) Director Fonda presented a recommendat ion from the Littleton/Englewood Superv isory Comm ittee to app rove a bill for an ordin ance authorizing an Intergovernmental Agreement w ith the U.S. Environmental Protect ion Agency for the issuance of the Fiscal Year 2006 and subsequent years 2007 and 2008 State and T ri bal Assistance Grants fo r t he Phas e 2 Expansi on Projec t. He said we rec e ived a gran t in 2004 in the amount of a million dollars, which was divided equally between Englewood and Littleton to be applied to wards construction of the Wastewater Plant improvements . We have now applied , and I would like to commend David Robbins who did a lot of the work in making the connections , and have received or will receive a grant for fiscal year 2006 and there are strong possibilities that we will also receive them in 2007 and 2008 . The amount this time is a half a million dollars which will also be divided fifty/fifty between Littleton and Englewood . Mayo r Wolo syn aske d if th ere were any q uestions fo r Mr. Fonda. Council Member Woodward said on this application ... it is in the name of the City of Englewood? Mr. Fonda said yes . Mr. Woodward said I see the letter from the Environmental Protection Agency is addressed to our Mayor and the City of Engle wood . W hat would happen in the event that Littleton City Council did not approve ... I can't imagine why they wouldn 't , but if for some odd unforeseen reason ... right now if they were not to approve, we are still able to get this Tribal Grant? Mr. Fonda sa id I don't believe they are moving it through their Council. We are the adm inistrative part of the system, so usually we do these sorts of things and they are apprised of what we are doing . Mr. Woodward said okay , so th is w ill not even come in front of them ? Mr . Fonda said I do not believe so , but they w ill be informed , I am sure . M r. Woodward sa id okay, great. Englewood City Council July 10, 2006 Page 9 • COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 25. COUNCIL BILL NO . 25, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) AND THE CITY OF ENGLEWOOD , COLORADO, FOR THE ISSUANCE OF FISCAL YEARS 2006, 2007 AND 2008 STATE AND TRIBAL ASSISTANCE GRANTS (STAG) FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PHASE 2 EXPANSION PROJECT . Mayor Wolosyn asked if there was any other discussion . There was none . Vote results: Ayes : Nays : Absent: Motion carried . Council Members Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley None Council Member Barrentine Mayor Wolosyn said thank you Stu. (b) Approval of Ordinances on Second Reading There were no additional items subm itted for approval on second read ing . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Director Eaton presented a recommendation from the Human Resources Department to adopt a Resolution to approve the Collective Bargaining Agreement between the Englewood Police Benefit Association and the City of Englewood for the years 2007 and 2008 . She said I have included a copy of the updated contract in your packet. If you have any questions regarding the contract or the changes to the contract from last year , I would be happy to discuss those with you . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) - RESOLUTION NO. 67. RESOLUTION NO . 6 7 , SERI ES OF 2006 A RESOLUTION AUTHORIZING THE PROVISIONS OF THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE YEARS 2007-2008 . Mayor Wolosyn asked if there was any discussio n. There was none . Vote re s ults : Motion carried . Ayes : Nays : Absent: Council Members Mccaslin, Moore, Wolosyn , Woodward , Tomasso, Oakley None Council Mem ber Barrentine (ii) Director Eaton presented a recommendation from the Human Resources Department to adopt a Resolution to approve the Collective Bargaining Agreement between the Englewood Fire Fighters Association and the City of Englewood for the years 2007 and 2008 . She said I have also enclosed a copy of the contract in your packet. If you have any questions regarding the contract, I would be happy to discuss those with you . Englewood City Council July 10, 2006 Page 10 Mayor Wolosyn asked if there were any questions . Council Member Woodward said do you have any idea of the value of the number four , changing the lnsurance ... the City will contribute 90%, 85% or 80% depending on coverage leve l. Ms . Ea ton said I believe for this particular contract it was about $8 ,000 .00 . Mr. Woodward sa id okay. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) - RESOLUTION NO. 68 . RESOLUTION NO. 68, SERIES OF 2006 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO . 1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 2007 AND 2008 . Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Nays : Absen t: Council Members Mccasl in , ~oore , Wolosyn , Woodward , Tomasso , Oakley None Council Member Barrentine Mayor Wolosyn sa id thank you Sue and thanks to everybody in these two departments ... everybody who has worked so hard and I think it is a nice positive step for the rest of us for the next two years . Ms . Eaton sa id thank you all for your support . (iii) Commander Sanchez presented a recommendation from the Safety Services Department to adopt a Resolution affirming the City of Englewood's compliance with recently adopted State legislation entitled "Immigration Status -Cooperation w ith Federal Officials ." He said on May 1 st the Senate Bill 90 went into effect. It is referred to as "Immigration Status -Cooperation with Federal Officials ." The bill was des igned to prohibit sanctuary policies and calls on local government to cooperate with Federal offic ials in matte rs relating to illegal imm igrants ... specifically , if police officers come in contact with someone that has comm itted a criminal offense and they have probable cause to bel ieve that they are in the country illegally, they are requ ired to notify the Un ited States Imm igration and Customs Enforcement Officer ... also known as ICE. Like I said , that law went into effect May 1 st a nd we have since drafted a policy , so that the officers are in compl iance with tha t. Mayor Wolosyn asked if anyone had any questions about the policy. Council Member Woodward said as I understand it, the operative word here is "report". Officer Sanchez said absolutely , yes , we are just required to notify. COUNCIL MEMBE R WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 1 1 (c) (iii) -RESOLUTION NO. 69 . RESOLUTIO N NO . 69, SERIES OF 2006 A RESOLUTION PROVIDING NOTICE TO PEACE OFFICERS OF THE DUTY TO COOPERATE WITH STATE AND FEDERAL OFFICIALS IN THE ENFORCEMENT OF STATE A N D FEDERAL LAWS REGARDING IMMIGRATION . Mayor Wolosyn asked if there was any further discussion . There was none. Vote results : Ayes : Council Members Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Englewood City Council July 10, 2006 Page 11 Nays: Absent: Motion carried. • None Council Member Barrentine Mayor Wolosyn said thank you Jeff. (iv) Director Ingle presented a recommendation from the Department of Information Technology to approve, by motion, an integrated Procurement Agreement with Altiris, Inc. for the purchase and implementation of a Help Desk , Inventory and Network Client Management software application . Funds in the amount of $65,000 have been budgeted for this purpose . He said before Council is an integrated Procurement agreement with a firm called Altiris for the purchase of a software application that, as noted in the Council Communication, essentially brings automation to the IT Department. As Council is aware , we have spent a significant amount of resources and staff time over the past four years implementing major new technologies in the City and that was based on an Information Technology Plan adopted by Council in 2002 . Included in that was the procurement of the system that is before Council and because of competing priorities , we are only just now getting to the point where we in the IT Department are ready to add some major new automation tools for our operations. As noted in the communication , we have targeted funds in the amount of $65,000.00 for this . The contract is for $60 ,000.00. We went through a formal procurement process looking for different products and found that this application, not only was far less expensive, from a capital and operating perspective , but also met ou r different operating needs within the department. It includes a Help Desk appl ication to help us manage what we estimate to be between 8 ,500 and 9,500 different requests that come to the IT Department every year. It includes an Inventory application that will get us away from a lot of manual processes in terms of tracking our legal compliance with software contracts, as well as our hardware inventories of the City and it includes a Client Management application which essentially allows us to better manage almost 500 network devices throughout our computer network ... our enterprise ... including personal computers for deploying applications, for making sure that the most up to date security patches are on them ... all of which is currently a very time consuming and intensive process ... a manual process for our staff. As more and more automation is added to the City, we believe this will make us more efficient and also make us more effective in terms of avoiding staffing pressures as we add more and more technology and processes. By automating our own functions , as the automation department in the City, we think we will do a much better job . 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) (iv) • AN INTEGRATED PROCUREMENT AGREEMENT WITH AL TIRIS, INC. FOR THE PURCHASE AND IMPLEMENTATION OF A HELP DESK, INVENTORY AND NETWORK CLIENT MANAGEMENT SOFTWARE APPLICATION. Mayo r Wolosyn as ke d if the re wa s an y d iscussio n . Th ere was none . Mayor Wolosyn said thank you Don and thanks for saving us a little money too . Vote results : Ayes: Nays : Ab sent: Moti on carried . 12 . General Di scu ss ion (a) Mayor's Choice Co uncil Mem bers Mccaslin, Moore, Wolos yn, W oodward, Tomasso, Oakley No ne Co uncil Member Barren tine (i ) Mayor Wolosyn said I would like to thank Jeff Sanchez and Safety Services for the report on fireworks and also just to thank the department in general for coming up with that plan and putting it into place . I don 't know if it was the ra in or the fact that people knew about the plan ... I think it might have been both ... but • Englewood City Council July 10, 2006 Page 12 everyone I talked to agreed that it was a much more peaceful 41h of July. I know it is because of your vig ilance and I appreciate it. (ii) Mayor Wolosyn said I would also like to thank Chief Vandermee for the report on the ass istance from other agencies regarding the incident at K-Mart. I was out of town . I just heard about it from the e-mail and I was glad to see a report of just how ... when someth ing like this happens ... so many different agenc ies from around the metro area come to our aid . So, thanks to them and thanks to our department. (iii) Mayor Wolosyn said I would also like just an update from Community Development on where the Seminary project is. And also along with that update, I real ize that they need a PUD regarding parking issues and in one sense , it is in their court ... this process ... but if there is anything we can do to help them move this along with public discussion or whatever they need , I think that we need to help them exped ite it. So , if I could get a report back on that , it would be great. (iv) Mayor Wolosyn said on Friday I went to the funeral , a very sad occas ion, of Mary White who used to work here and was so instrumental in making sure these meetings flowed . She was one of the faces that welcomed me to the City when I first ran . We didn't send flowers, because they requested that flowers not be sent , however we are going to send a contribution to the Manna Ministry at her church and Sue is taking care of that. I wanted everyone to know that. (v) Mayor Wolosyn said now down to discussing Mr . Cohn's issues . I have a list here. Does everyone agree that maybe we should go through them and resolve some of them , because the timeline is short? This thing is coming up in September. As I see it, some of them, I think , are really out of our hands . Number one , to hold off the clos ing ... we are not even sure where we are in the process of Acoma and I don 't th ink that any of us here are in a position to say anything about that. However , some of the things I know that we do have control over. Th ings like you asked for the waiver of the fee for the banner , the rent of the show wagon ... do we have control over that or is that something that Parks and Rec makes a decision on? City Manager Sears said I think Council could do that. Council Member Woodward said I would recommend that we take it to Pa r ks and Recreation because when we bought the new show wagon the Commission had a discuss ion on how it was go ing to be available and to who . Ms . Wolosyn said so that is the Commission to go to and they meet this Thursday at 5:30 p.m . at Pirates Cove . Ms . Wolosyn said about the ad in the Cit izen . The Cit izen is someth ing that C ity Council and the management of the City give to the citizens every year and I think when this has come up before ... and maybe people want to d isagree with me, but we have always been in agreement that it shouldn 't be a venue for advert isement. But if you are working with one of the boards or comm iss ions , you can be listed in the regular calendar that goes up on the Events of the C ity and it works for everyone . I don't want to change that preceden t. .. if everyone agrees . Ms . Wol osyn said cl osing the street ... l think it co mes up tim e an d time again . I, m yse lf, can tell yo u that I am not in favor of closing the street, but I would like to open that for discussion here . I would also like some comments on the suggestion from Mr. Vasilas that we reduce the speed limit for that day. Council Member Mccaslin said didn 't Ted say that he talked to about 8 or 9 people and they did not want it closed? So , it sounds like the maj ority of the busin ess owners don't want the street cl osed . That is what I am gett ing . Council Mem ber Woodward said a w eek ago, after receiving in our packets the letter from Brook Bell ... on Friday, I had gone out and talked to a number of the business owners in the 35 00 and 3400 b lock of South Broadway, the larger ones, and the answer w as that it was unanim ous not to shut down Broadway ... very strongly unanimous . In fact , one business owner brought up on their cash register ... they had a program, wh ere they were able to show me their sales and 50% of their weekly sales are on Saturday . They are a destination business . They were very concerned . King Soopers was very concerned . They had not heard anything about this and they were not in favor of it. So, as far as shutting down Broadway , I think the cost involved ... number one it isn't in the budget , it hasn 't been considered at all and for a one time event, I don't think I see the value to the citizens of shutting down Broadway. Now I do see the value of the Car Show, like the Car Show was last year , and I think that was real valuable and I th ink there was a big turnout. And I guess I even wonde r if that is the appropriate venue for th is Englewood City Council July 10, 2006 Page 13 • event. Maybe this event should be somewhere else ... City Center ... I don 't know. I guess I am just throwing that out. But there are a number of concerns that I have with shutting down just one lane . I think it is really unsafe . I can just see a three year old running out into Broadway and hit by a car. That scares me. As far as some of the things that the City has done and is doing ... the 4th of July celebration we had, the Funfest celebration we will have ... those are things that we put on for the citizens and are very involved with . I think those are my main comments. Mayor Wolosyn asked if there were any other comments . Council Member Tomasso said I agree with Jim that we put on these events for the citizens, but there is a possibility that we should also put on events that support our merchants . This event is one of those that supports our merchants, bring other people in from other cities, possibly to visit our destination merchants and see what Englewood really has to offer. I do agree that there is that question about shutting down Broadway ... that would affect the majority of the merchants on Broadway and their cash register ... thus our sales tax. So there is that problem there, but I think that any assistance that the City can offer. .. like loaning barricades and assisting with sweeping the parking lot. .. is very beneficial to the merchants . I think that the more types of festivals that a city holds ... you have places like Breckenridge and Telluride that have a festival every week. They have one every week to bring people in. That we are up to maybe three now, plus the Christmas celebration, which would make four, it isn't that much more. I think it is just something in the marketing of Englewood community relations that we should involve ourselves in and the cost to the City is not that great. Ms. Wolosyn said the question at hand is closing Broadway. Mr. Tomasso said but I think closing Broadway is a tricky question on Saturday. Maybe next year if they considered Sunday and had the merchants open on Sunday, when they weren't destinations, then they could close Broadway on a Sunday. Have it on a Sunday afternoon . So maybe scheduling it next year for a Sunday and scheduling the closing of Broadway on a day when it wasn't a destination sale . Council Member Woodward said, hopefully, with the BID in place next year, maybe the BID would want to put forward the money for the cost of some of those things. I think, as I understood it from some of the largest businesses in the 3400 and 3500 blocks on Broadway, there would be lost sales tax and their fears are the destination people that don't show up, that turn around and go somewhere else, may not come back because it was a hassle on that particular Saturday. I think Ted discussed that also. I don't think that works . So, my concern is shutting down Broadway. As far as supporting a car show and supporting the businesses with banners and some things that we can support ... low cost things ... I am all for that. Council Member Oakley said I attended last year's Car Show and I intend to attend this year. I support it whole heartedly. I think there are a couple of things here that we need to consider . If we are just saying closing Broadway, that is one thing, but attracting new business to downtown, there is no doubt about it, this brings a lot of people into the downtown area . Now if it got so big or to a point that the downtown merchants didn't want it here because it was actually deterring their business because there were too many people here, that would be something else, but this could take years for that to work its way forward . So, in the mean time, I think that the City should support this Car Show in every way they can, but for this year I don't think we should close Broadway. I think the car people are very astute people and if they want to go from one side of Broadway to the other, they can go to the signal and do it. I don't think it would hurt the car show that much . Mayor Wolosyn said you don't find a need to bring down the speed limit? Mr. Oakley said no, but I want to do everything else that we can in support. Ms . Wolosyn said okay, thanks . Council Member Mccaslin said I think, as Ray was saying ... l have been to Leadville, Vail and Estes Park ... they have things that are so neat and unique to their cities and I think, Doug and his committee has done a great job in trying to put this together. I would support it as much as I can, but again, hearing from Ted, I think the only issue I had was closing down Broadway. But, I would support it in any other way that I could . Mayor Wolosyn said I think we are pretty much in consensus on closing Broadway, but I am in favor of waiving the banner fees ... is everybody? Okay. Council Member Woodward said I think the one thing ... l think you had mentioned two weeks prior to ... l think one week of those weeks Funfest has the banner up , which comes at the end of August. Englewood City Council July 10, 2006 Page 14 " Council Member Oakley said in my experience in placing the banners, they do have them booked up quite a ways in advance, so if they haven't checked on that, they may not be available anyhow. Mayor Wolosyn said exactly. Yes, Doug, just briefly though . Do you want to tell us about the banners? Mr. Cohn said the last I checked with Public Works, Linda was saying that both banner poles were available . The rule is outsiders can't sign up until 45 days out. Mayor Wolosyn said okay, we will do what we can to expedite getting that up and you can talk to Community Development about the dates you want it up and all of that, okay? Mr. Cohn said just one other question . We are worried about the parking lot. Who can I talk to about that? I have talked to Darren and he says well, Bob will make the decision and Bob says, well no, this is a City Council decision. Mayor Wolosyn said we all need an update on where the Acoma Project is . I, myself, don't feel that I can speak to it right now. I don't know if anybody feels differently. City Manager Sears said actually Bob probably does know, I know you talked to him, but I suggest that this come back, say at the Study Session next Monday night, so that there will be some clarification as to where the negotiations are . Mr. Cohn said okay. It sure would be handy if you guys could delay the closing for two days . Council Member Woodward said EURA is the major owner of that land . Mayor Wolosyn said right. So, you have ambulance and antique fire truck, is that something we can address . City Manager Sears said we did that last year . I don't think that it should be a problem, Chris . Director Olson said I think we can do that again . It is just a matter of getting personnel to bring it down to the location, so we would be happy to do that. Mayor Wolosyn said does that cover everything you listed? Okay, so you know we will be addressing the ones that we couldn't fully address tonight. Thank you guys for your patience and respect for the system . (b) Council Members' Choice (i) Council Member Mccaslin said I had a question ... we ban fireworks here in the City and Arapahoe County, but yet we had a fireworks stand open on Hampden and Federal. I just can't figure that out. That is like saying no guns allowed, but we have a gun shop open where you can buy them . Somebody needs to help me out on that one . Mayor Wolosyn said those aren't being sold in Englewood, they are being sold in the City of Sheridan . Mr. Mccaslin said but isn 't that Arapahoe County? Ms . Wolosyn said the County is responsible, as I understand it...for unincorporated Arapahoe County. That is who they make laws for and each municipality is respons ible for local control. It is one of the paradoxes of living . Mr. Mccasl in said it is amazing to me, we ban fireworks all over and yet there is a fireworks stand . (ii) Council Member Woodward : 1 . He said I just to want to acknowledge the work of Nancy Peterson who is, as I understand it, as of the 5th of July on disability. At the Englewood Housing Authority meeting of last week, they wanted to stress their concerns regarding not having Nancy around any more and that her pos ition , hopefully, won't be eliminated . And they wanted to state that she has been a very pos itive and proact ive liaison to the Hous ing Authority . I sa id I Englewood City Council July 10, 2006 Page 15 personally hadn't heard anything about a position being eliminated and I also mentioned that Commander Sanchez is going to be helping out on some of that right now . 2. He said I also wanted to acknowledge Bob Spada from the Golf Course for this letter regarding the Hole- In-One program . We have a letter from some parents complimenting what a fine job that that is for our youth and I think it is something that I am certainly in support of and the Parks and Recreation Commission has been supporting of and I know Bob has really worked with his staff. It is quite a project and one of the best in the country . So congratulations to Bob on another successful year. 3. He said is there anybody from Community Development here? Or maybe Chris would know . I would like to know the status of the house on Wesley and Zuni. Is it gone? Did the swat team get in there and do their work? Director Olson said I can see Commander Sanchez shaking his head . We never got in there . And I quite honestly don't know what the status of it was. It was supposed to have been torn down, but we never had any active involvement in it ... either from the fire or the police side . Is that correct? Commander Sanchez said yes, we were waiting for asbestos removal. Council Member Woodward said it was my understanding that we were waiting on asbestos removal before the swat team was going to be going in. I know the asbestos was removed a couple of weeks ago and there was a memorandum from Community Development that I believe said that Safety Services was going to be in there the week of the 241 h or something to that effect. I don't know. Director Olson said we will check on that and just see where it is at. I know that the process was trying to get that house down as quickly as possible . Council Member Woodward said if we have the opportunity to do the training and it is a day or two difference, I don't think that matters at this point. ***** Mayor Wolosyn said I would like to piggy back on the compliments to Parks and Recreation . I would like to comment on the flowers . Thanks for the picture , but I didn't need it, I had already been noticing them . They look very nice and it is great to have them back . 13 . City Manager's Report (a) City Manager Sears said I did have a conversation with Nancy Peterson last week before she went on disability. She is on disability until there is a determination by the FPPA in regard to her status . We are still working with Human Resources and with Nancy in terms of trying to determine, once her capability is determined , whether or not she can do a civilian type of position or can stay on a part-time basis. A lot depends on where the doctors are . So, I know we would like to give Nancy recognition for all the work she has done . At the same time, I know that Chris, and Jeff in particular, are working on National Night Out. I know tomorrow night is their recognition of National Night Out and Nancy Peterson will be there tomorrow evening . But I asked Chris to put together a plan that, hopefully, he can present on Monday night to the Council that w ill say this is how the plan for National Nigh t Out is going to proceed ... unless there is anything else , Chris , that you would like to add to that. Director Olson said I think you had a memo in your packet. Essentially , what we are going to do is we are going to assign one of our part-time police officers , Officer Tim Mitchell, to essentially take over that function ... still in a part -time capacity . His main focus right now is going to be on National Night Out and essentially having that event as close as we can to the orig inal intent of what it was all about. So, we think we will be able to do that. But anyway , that is the plan wh ic h will beg in, essentially immediately. we 're preparing for that night wh ich is August 151 • Englewood City Council July 10, 2006 Page 16 City Manager Sears said that position has not been eliminated and hopefully we can work with Nancy in the future . Mr. Olson said yes . Mr. Sears said if we need to send a note out to the Housing Authority, we can do that. I know publicly, it has been difficult. Council Member Woodward said well , I think once the rumor mill starts ... Mr. Sears said what we do need is some clarification on where we are going as soon as we can . (b) City Manager Sears said Frank Gryglewicz is here to talk briefly about the financial report, which is positive . I think he is scheduled to do a more in depth financial review next Monday night. .. kind of a mid-year review ... when he will talk about the details . Director Gryglewicz said I am not going to do the full report here at the podium , but I want to give Council an update on revenues, because their levels are 4.3% over last year at June 30th which triggers wage increases per the contracts for police and fire . They go into effect July 1st and they will be on the checks this Friday . That is really all I had . I will give Council a more in depth update of the June report at the next Study Session . Mayor Wolosyn said thank you , Frank . (c) City Manager Sears said the other suggestion was to discuss the naming of the dog park . Mayor Wolosyn said do you want to go ahead and address that now? We have a recommendation from Parks and Recreation for the name Canine Corral and they want us to endorse it. Mayor Wolosyn asked if there was any discussion . Council Member Woodward said the only thing that I would suggest is to put Park on the end of it, because one of the things the Parks and Recreation Commission was trying to do was separate it from Belleview Park . So, it isn't Canine Corral at Belleview Park . It is its own park . In that way people aren't thinking that Belleview Park , in any way, is an off-leash park . Council Member Moore said I don't want to try to get too involved in picking a name, but I have to admit that kind of along the lines Jim, of what you were saying , I was more drawn to the names that brought Englewood into it. I mean, where this park is ... everything that has gone into it. I was attracted to something that kind of publicizes that this is an Englewood dog park . But, I don't know how else to react. I don 't know if there are elements of the discussion with the Commission ... ! noted in here that it seems like Canine Corral wasn 't wholeheartedly agreed to . Council Member Woodward said I would say that was accurate . Somebody mentioned the name EngleWOOF Park . Council Member Moore said I thought that was kind of clever ... even the Englewood Bark Park ... it was cute, but it still kind of emphasized the City's involvement. Director Black said I may add a little bit to that. Englewood Unleashed was charged with bringing names to the Parks and Recreation Commission and they had a contest. They ended up with six names . The number one name on their list was EngleWOOF Park . I know when the Parks and Recreation Commission talked about the names, I think it is fair to say ... and I don 't mean to be negative ... but they weren't overwhelmed with the names . We did a little research, Gary Hultberg and our office did, on dog parks across the nation . I would say at least 40 to 50 percent use the name Bark Park ... and the reason for that is because it says exactly what it is . It is a Bark Park , it is a dog park . Certainly my recommendation is not that that is Englewood Bark Park, but just for information purposes . The information that Gary collected states that's what it is, because a lot of times it tells what the park is as opposed to whether it is a doggie day ca re or something like that. I think that was a couple of concerns from the Parks and Recreation Commission . But certainly, I think Englewood Unleashed should be commended for the efforts that they put out there , because they put a lot of time and effort in terms of gathering names to make a recommendation to the Parks and Recreation Commission . I am sure that if you have any questions for Unleashed that Alice Hanna is here and would be happy to answer those as well. Mayor Wolosyn said I have a question for you . Do you think that the Recreation Commission would be devastated if we chose another name out of the group? Mr. Black said I don 't think so . Ms . Wolosyn said and how about you Alice? Englewood City Council July 10, 2006 Page 17 D irector Black said if it is okay, Alice would like to make a comment. Alice Hanna said the only point I wanted to make abou t Englewood Bark Park is ... and it is nothing negative, but that there is another group in Englewood called the Jason Bark Park Group and some people had thought there might some confusion to that. That was just a comment I wanted to make . Mayor Wolosyn said I agree. People might start thinking that Jason Park is the Ba rk Park ... if it was called the Englewood Bark Park . Ms . Hanna said yes , right , because there is another group called that. Mayor Wolosyn said how about Eng leWOOF Park? Ms . Hanna said I think this is the order ... EngleWOOF Park was number one, for Englewood Unleashed , and then Englewood Bark Park , Gero Dog Park ... which is the name of a dog who is the first dog Canine Officer to be killed in the line of duty in Colorado ... and then Park N' Bark, 4 Paws Park and then Canine Corral. Those were our contest winners . Council Member Oakley said Canine Corral certainly says it, what it is. Maybe we could work out something with that. Council Member Moore said even st icking Englewood in front of it. .. I mean is it just a matter of what the signage is? Director Black said we do need to come up with a name in order to put the signage together for that, because we are going to need to promote the dog park . Council Member Moore sa id I'm sorry, did I hear Alice correctly ... that you went through them in the order of preference? (Clerk 's note : Ms . Hanna 's response from the audience was unclear.] Mr. Moore said so the Parks and Recreation Commission 's recommendation is Englewood Unleashed last recommendation . Mr. Woodward said it tied for fifth recommendation . Ms . Hanna said when we have told people that Parks and Recreation chose Canine Corral , people have been very happy with that. I do think Englewood Canine Corral would be a good thing too . Mayor Wolosyn said do we want to make it Englewood Canine Corral Park ... that is a big mouth full . Mr. Woodward said it's a big sign . Ms . Wolosyn sa id I can see your concern . Director Black sa id before I make that commitment, I would feel more comfortable in talking w ith the Parks and Recreati on Comm iss ion abou t that aga in. J im , I don 't know what you th ink . Mayor Wolosyn said what about just scraping it and going to the first choice of EngleWOOF Park? Council Member Oakley said I would rather go with the Commission's recommendation of Canine Corral, myself. Mayor Wo losyn said how is everybody else on this? Co uncil Member Tomasso said I am just not overwh e lmed by that. Council Member Mccaslin said I like EngleWOOF. Council Member Moore said on one hand I think it is kind of clever . I would like to say maybe we could at least limit it to three to discuss : EngleWOOF Park, Englewood Bark Park and then an amended Englewood Canine Corral. Mr. Mccaslin said that is a good idea . Mayor Wolosyn said and then bring it back or do it right now? Mr . Moore said maybe for now ... that at least brings us to three . It looks like there are more contributions . Council Member Mccaslin sa id Jerrell, you wanted to take it back to Parks and Recreation and discuss it, right? Englewood City Council July 10, 2006 Page 18 Director Black said yes, but I'm not sure that Mr. Woodward does and, certainly, I would defer to him. [Clerk's note: Several comments were made that were unclear.] Director Black said if that is the Council's feeling ... to take the three names back, we could certainly do that ... if you wanted to do that. Mayor Wolosyn said let me hear from Dave, what were you going to say? Open Space Manager Lee said I was just going to add that I kind of liked Alice's suggestion ... Englewood Canine Corral Park ... is somewhat of a mouth full, but anybody could shorten that if they want to ... whether it is Canine Corral, Englewood Canine Corral, or what have you . It might be something to consider along with the other name selections. COUNCIL MEMBER OAKLEY MOVED TO NAME THE DOG PARK "ENGLEWOOD CANINE CORRAL." Mayor Wolosyn said okay. Is there a second? Council Member Tomasso said could we drop the word Corral and just put Englewood Canine Park? Council Member Moore said it doesn't flow. Mayor Wolosyn said that sounds menacing . Mayor Wolosyn said we have a motion, but I don't have a second to call it Englewood Canine Corral. Council Member Moore said are we getting any new information over there? Director Black said Corral and Park are two nouns that are next to each other. Mr. Moore said I am sorry, say that again . Mayor Wolosyn said you don't like parks wit h t1 nouns together? Mr. Black said Alice, I will let you explain it. Ms . Hanna said Canine Corral Park has two nouns at the end and ... I know this sounds silly, but it is repetitive. Canine Corral is a physical enclosure and a Canine Park is a physical enclosure, but it doesn't make sense . To me, just hearing that does not make sense . Canine Corral Park doesn't sound correct. Council Member Moore said I thought the suggestion was replacing Corral with Park . Mayor Wolosyn said no, Jim said to call it Canine Corral Park . Mr. Moore said I agree with the comments from the floor. Council Member Mccaslin said I was getting rid of Corral and replacing it with Park . Council Member Oakley said my motion was to name the dog park "En glewood Canine Corral." COUNCIL MEMBER MOORE SECONDED COUNCIL MEMBER OAKLEY'S MOTION. Mayor Wolosyn asked if there was any more discussion . There was none. Vote results: Ayes : Nays : Absent : Motion carried . Council Members Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley None Council Member Barrentine Director Black said I just want to make sure that when I leave the podium that I have the right name. Mayor Wolosyn said Englewood Canine Corral. Mr. Black said okay, thank you . Mayor Wolosyn said thanks you guys . • Englewood City Council July 10, 2006 Page 19 (d) City Manager Sears said you all got letters for the July 21 51 Arapahoe County Dinner. Leigh Ann said that we hadn't really heard back from you if you were going to go. Please let me know, because we need to let their Public Relations Officer know tomorrow, if you are going to be at that dinner. (e) City Manager Sears said I do want to say thank you to the City Council for your support for the German exchange. Mr. Wellman was here for three weeks and I think we learned a lot from him when he was here . Their Council is going to be receiving a proclamation indicating their interest in participating ... that I will be bringing back . I will have an opportunity to meet with three mayors and staff in three communities while I am there and I will give a report. But thank you for your support . During this time Mike will be in charge of the City. I leave on Wednesday night and come back in two weeks and Mike will be here . I know Jerrell also will be taking a couple of days during that time . So, thanks. Mayor Wolosyn said bon voyage . Mr. Sears said thank you . 14. City Attorney's Report (a) City Attorney Brotzman said I do have a request for a motion for a settlement on Richard Talent versus the City of Englewood. This is the tragic case of Brian Mueller. Mr . Talent was an innocent third party that Mr. Mueller hit. It took us awhile to settle out the actual medical expenses and other liabilities in this and we have come up with $92,500 .00 . Mayor Wolosyn asked if there were any questions for Mr . Brotzman. Council Member Mccaslin said does this settlement clear us of liability or will there be other ongoing issues? Mr. Brotzman said this will end everything and actually we are liable . Officer Mueller drove into the side of the truck . Mr. Mccaslin said right and as far as the medical expenses, he can't come back ten years later asking for additional compensation? Mr. Brotzman said this will be it, this will finish everything. Mr. Mccaslin said okay . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE SETTLEMENT OF RICHARD TALENT VERSUS THE CITY OF ENGLEWOOD. Ayes : Council Members Mccaslin, Moore, Wolosyn, Woodward , Tomasso, Oakley Nays : None Absent: Council Member Barrentine Motion carried . 15. Adjournment , LOSYN MOVED TO ADJOURN . The meeting adjourned at 9:00 p.m . -c1., 1. Call to order. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, July 1 O, 2006 7:30 p.m. Engle w ood Ci v ic Center -Council Chambers 1000 Engle w ood Park w ay Engle w ood, CO 80110 r;.~~~ 2. Invocation .~~ 3. Pledge of Allegiance . ~ 4. RollCalL v~ /d.ihud--~fli}j 5. Consideration of M inutes of Pre v ious Session. Minutes from the Regular City Council meeting of June 19, 2006.~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .) a. Dou g Co hn w ill be present to dis c uss the Englewood Day s Car Sho w. 7. Recogniti o n o f Uns c hedul e d Public Comment. (Please limit y our presentation to fi v e minutes. Tim e fo r uns c hedul ed public c omm ent may be limited to 4 5 minutes and if limited shall be cdn:~1l~ ~)iFis_?fzig·)/)()Aflr-110AJ {!.. ~/) VM1U/s, -t!A-e $ii/M ~. &,,e ~A ,e,e;s -(],I~ ~u) 8. Communications, Proclamations, and Appointments. liALlfl /.-0 a. Proclamation declaring t he City of Eng lewood's desire to enter into a formal Sister City 7 1 V ~ rela~the City of Be~e rmany. ~ S' (r. t?, /),. _ Ji /V/fi ): reso lution recom~noe A~~ th e En~ '/> ~d---Housing Authority. ~63c. A resolution appoin t ing Marjorie Becker to th e Code Enforcemen t Advisory Commi tt ee . ~- A resolution reappointing Eric Bertoluzzi to the Cu ltural Arts Commission . Please not : If you have a disability and need auxiliary aids or services, please notify th e City of Englewood (303 -762 -2407 ) at least 48 hours in advance of when services are need d . Thank you . Englewood City Council Agenda July 10, 2006 Page 2 ~!;be. ~~ f. /?JHJII~ g. &.fl~ h. ~1 i. M!:IJj. fju)IJ~I k. ~//;:;__1. /)uJJI--/J,J m. ~/d-n. ~/f&I) o. ~~?, p. 9. o/fd /?-o A resolution reappointing Brian Bleile to the Code Enforcement Advisory Committee. A resolution appointing Brett East to the Keep Englewood Beautiful Commission . A resolution appointing Erik Foster to the Code Enforcement Ad v isory Committee. A resolution appointing Erik Foster to the Liquor Licensing Authority. A resolution reappointing Dooley Gehr to the Code Enforcement Advisory Committee. A resolution reappointing Deborah Guinther to the Alliance for Commerce in Englewood. A resolution reappointing Chr-is Hoagland to the Code Enforcement Advisory Committee. A resolution reappointing Rebecca Laughlin as a Youth Member to the Parks and Recreation Commission . A resolution reappointing Ron Lunders to the Liquor Licensing Authority. A resolution reappointing Janet Moore to the Cultural Arts Commission . A resolution reappointing Krista Niederjohn as a Youth Member to the Parks and Recreation Commission. A resolution reappointing Brian Verbeck to the Alliance for Commerce in Englewood. i. .Council Bill Na 26..: Recommendation from the Littleton/Engle w ood Wastewater Treatment Ptant Supervisory Committee to adopt a Bill for an Ordinan ce granting a utility easement to Qwest Telecommunications Corporation for the installation of a new buried telephone service at 2900 South Platte River Drive (L/E WWTP) and 2800 South Platte River Drive (Englewood Servicenter). STAFF SOURCE: Stewart H. Fonda, Director of Utilities, and Mark Van Nostrand, Senior Project Engineer. b. Approval of Ordinances on Second Reading. i. Counci l Bill No. 7, au th orizing entering an Intergovernmental Agreement between th e South Arapahoe Sanitation District, Southgate Sanitation District, an d the City of Englewood pertaining to reimbursement of overcharged sanitation fees by South Arapahoe Sanitation District to the Southgate Sanitation District Customers. Please not : If you have a disability and n d auxili, ry aids or services, please notify the City of Englewood (303-762-2 40 7) at lea t 48 hours in advance of when services are needed . Thank you . .' . Englewood City Council Agenda Jul y 10, 2006 Page 3 10. 11 . c. Resolutions and Motions. . . Public Hearing Items . ~~ ~ ~~ a. Public Hearing to review and determine sufficiency of the petition (and signatures( 0 requesting formation of the South Broadway Englewood Business Improvement District, determine if the allegations of the organization petition are true , and determine whether the types of services or improvements to be provided by the proposed district are those services or improvements which best satisfy the purposes as set forth in Colorado RevisWlfvA6iLA& 31 -2 5, Part ~/AA) tOhl Bu~ vrr(A, r,;· v Ordinances, Resolutions and Motions. a . b . C. Approval of Ordinances on First Reading. i-)} . i. Council Bill No. 25 -Recommendation from the LittlJgnglewood Supervisory Committee to approve a Bill for an Ordinance authorizing an Intergovernmental Agreement with the U .S. En vi ronmental Protection Agency for the issuance of the Fiscal Year 2006 and subsequent years 2007 and 2008 State and Tribal Assistance Grants for the Phase j _!:_:Pani5(on_ ~roJect. STAFF SOURCE: Stewart H. Fonda, Utilities Director. ~ Approva l of Ordinances on Second Reading . Res9o:and Motions. °ff~Jv~ Re c ommendation from the Human Resources Department to adopt a Resolution to approve the Collective Bargaining Agreement between the Englewood Polic e Bene fi t Association and the City of Englewood for the yea rs 2007 and 20,Q! ~ ~ _ _ STAFF SOURCE: Sue Eaton, Director Human Resources Departmenta l'J.44,tl) tlfrd. ~---0 ii /!J,,t)lt,,Y ~t,-o iii. ~/l~f Recommendation from the Human Resources Department t o adopt a Resolution to approve the Collective Bargaining Agreement between the Englewood Fire Fighters Association and the City of Englewood for the years 2007 and 20.QP~ -_ STAFF SOURCE : Sue Eaton, Director Human Resource s Department.d7)tL.(}d,l) Recommendation from the Safety Services Department to adopt a Resolution affirming the City of Englewood's compliance with recently adopted State legislation entitled "Immigration Status -Cooperation with Federal Officials." STAFF SOURCE: Commander Jeff Sanchez, Department of Safety Servic~ Englewood City Coun ci l Agenda July 10, 2006 Page 4 iv. Recommendation from the Department of Information Technology to approv e, by Motion, an integrated Procurement Agreement with Altiris, Inc. for the purchase and implementation of a Help Desk, Inventory and Network Client Management software application. Funds in the amount of $65 ,000 ha v e been budgeted for this purpose. STAFF SOURCE: Don Ingle, Information Technology Director~ 12 . General Discussion. a. Mayor's Choice. Is>. Council Members' Choice. 13 . City Manager's Report. ap;J?--0 ~~~~ 14. City Attorney 's Report . dlff ~l£i))wo (!AAJO) £. ¥~-{)a. Settlement: Talent, Richard v. City.~ {!.o fU(/N.-'' 1 S. Adjournment. 9 :tl) ~ The following minutes were transmitted to City Council in June 2006. • Board of Adjustment and Appeals meeting of May 10, 2006 . • Code Enforcement Adv isory Comm ittee meeting of April 19, 2006. • Cultural Arts Commission meeting of May 3, 2006. • Liquor Licensing Authority Telephone Poll minutes of April 18, May 1 7, and June 7, 2 006 . • Pa rk s and Re c reation Commission meeting of May 11 , 2006. • Pl anning an d Zonin g Co m mi ssio n meeting of A p r il 18, 2006. • Public Library Board meeting of May 9, 2006. • Transportation Advisory Committee meeting of May 11, 2006. Plea e not : If you have a disability and ne d auxiliary aids or services, please notify the City of Englewood (3 03-762 -2 407) at least 48 hours in advance of when services are needed. Thank you . 1 . Call to order. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, July 1 O, 2006 7:30 p.m. Englew oo d Ci v ic Center -Council Chambers 1000 Englewood Parkw ay Englewood, CO 80110 fl:t~~ 2. Invocation.~~ 3. Pledge of Allegiance . ~ 4 . Roll Call. v~ I ti/hud-(f!A«IJWt1/Jj 5. Consideration of Minutes of Pre vio us Session . Minutes from the Regular City Council meeting of June 19 , 2006.~ 6. Recognition of Scheduled Public Comment. (Please limit y our presentation to ten minutes.) a. Doug Cohn wi ll be present to discuss the Englewood Day s Car Show. 7. Recog nition of Unsch eduled Publi c Comm e nt. (Please limit y our presentation to fi ve minutes . Time for uns chedul ed public co mment ma y be limited to 45 minutes and if limited shall be c1n:~ii ~fe'Fi~,~.)b),V,(-17(),<) C!-. Je/J VAs1t..!6 -t!A--e ~aJ /J.;, .t,8 rA~-~l?..~td 8 . Communications, Proclamations, and Appointments. /J~ /.-0 a. Proclamation declaring the City of Englewood's desire to enter into a formal Sister City "°rt V rela ~he City of Belm, Germany. ~ fl .. .l ~~ 11 1 reso lution recom~l!l/~!ff'{or ~ ,f. t~ ,?/' ~;).._ Housing Authority. ~63 c. ~· A resolution appoin ting Marjorie Be cker to the Code Enforcement Advisory Committee. A resolution reappointing Eric Bertoluzzi to the Cultural Arts Commission . Plea e not : If you h ve < dis abilit and need auxiliary aids or services , please notify th e City of Englewood ( 03 -762-2 40 7) , t I a t 48 hours in advan of when s rvice are need d. Thank you . Englewood City Council Agend a Jul y 10, 2 006 Page 2 ~!§'e. 0,wt~ f. ~~ g. &./Is? h. ~1 i. ~/;(Jj. fju}IJ~! k. ~11;~1. /ju) /F-(/;15 m. liHW n . ~!Ith 0. ~~~p . A resolution reappointing Brian Bleile to the Code Enforcement Adv isory Committee. A resolution appointing Brett East to the Keep Engle w ood Beautiful Commission. A resolution appointing Erik Foster to th e Cod e Enforcem ent Ad v iso ry Committee. A resolution appointing Erik Foster to the Liquor Licensing Authori ty. A resolution reappointing Dooley Gehr to the Code Enforcement Advisory Committee. A resolution reappointing Deborah Guinther to the Alliance for Commerce in Englewood. A resolution reappointing Chr-is Hoagland to the Code Enforc ement Ad visory Committee. A resolution reappointing Rebecca Laughlin as a Youth Member to the Parks and Recreation Commission. A resolution reappointing Ron Lunders to the Liquor Licensing Authori ty. A resolution reappointing Janet M o ore to the Cultural Arts Commission. A resolution reappointing Krista N ie d erjohn as a Youth Member t o the Park s and Rec reation Commission . A resolution reappointing Brian Verbec k to the Alliance for Commerce in Englewood . i. ,C o un ci l Bill No 26.; Reco mm e ndatio n fro m th e Li ttl et o n/En glewo od Wast ewa t er Treatment Pta n t Su p ervisory Com m itt ee t o ad opt a Bill for an Ord ina n ce gra nti ng a utility easement to Qwest Telecommunications Corporation for the installation of a new buried telephone service at 2900 South Platte River Drive (L/E WWTP) and 2800 South Pla tt e River Drive (Englewood Servicenter). STAFF SOURCE : Stewart H. Fonda, Director of Utilities, and Mark Van Nostrand , Senior Project Engineer. b . Approva l of Ordinances on Second Rea d ing. i. Council Bill No. 7, au t horizing entering an Intergovernmental Agreement between the South Arapahoe Sanitation District, Southgate Sanitation District, and the City of Englewood pertaining to reimbursement of overcharged sanitation fees by South Arapahoe Sanitation District to the Southgate Sanitation District Customers . Pl il note : If you have il disability and need auxiliary aid or services, plea (3 03-762 -2407 ) at I ast 48 hours in advanc of wh n s rvice are n Englewood City Council Agenda Jul y 1 0, 2006 Page 3 10. 11 . c. Resolutions and Motions. . ' Public Hearing Items. ~~ ~ ~~ a. Public Hearing to review and determine sufficiency of the petition (and signatures( l requesting formation of the South Broadway Englewood Business Improvement District, determine if the allegations of the organization petition are true , and determine whether the types of services or improvements to be provided by the proposed district are those services or improvements which best satisfy the purposes as set forth in Colorado Revis1~lfvA~itAS 31-25, Part ~IA.A"> WIil Btt1.AJS. Tr(A, rp· v Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. b. C. i. Council Bill No. 25 -Recommendation from the Little Englewood Supervisory Committee to approve a Bill for an Ordinance authorizing an Intergovernmental Agreement with the U.S. Environmental Protection Agency for the issuance of the Fiscal Year 2 006 and subsequent years 2 007 and 2008 State and Tribal Assistance Grants for the Phase j !:~ani5(on_~roject. STAFF SOURCE: Stewart H. Fonda, Utilities Director. ~ Approv al of Ordinances on Second Reading. ResLand Motions. r,~-s~1 Recommendation from the Human Resources Department to adopt a Resolution to approve the Collective Bargaining Agreement between the Englewood Police Benefit Association and the City of Englewood for the years 2007 and 20..Q&: _ _ . _ STAFF SOURCE: Sue Eaton, Director Human Resources Departmenta~ flffd, ti~o ii &ll?tr ~fro ii i /}kJoll//? Recommendation from th e Human Reso urces Department to adopt a Resol ution to approve the Collective Bargaining Agreement between the Englewood Fire Fighters Association and the City of Englewood for the years 200 7 and 20~~ . _ _ STAFF SOURCE: Sue Eaton, Director Human Resources Department.d{~ Recommendation from the Safety Services Department to adopt a Resolution affirming th e City of Englewood 's compliance wi t h recentl y adopted State legislation enti tl ed "Immigration Status -Cooperation with Federal Officials." STAFF SOURCE: Commander Jeff Sanchez, Department of Safety Servic~ Please no te: If yo u have a disa bil ity an d need auxiliary aids or services, pl ease notify th e City of En glewood (3 03 -7 6 2-2 4 0 7) at I as t 48 ho urs in advance of when ervices are needed . Thank you. Englewood City Council Agenda July 10, 2006 Page 4 iv. Recommendation from the Department of Information Technology to approve, by Motion, an integrated Procurement Agreement with Altiris , Inc. for the purchase and implementation of a Help Desk, Inventory and Network Client Management software application. Funds in the amount of $65,000 have been budgeted for~ ...... ·"' this purpose. STAFF SOURCE: Don Ingle, Information Technology Director.a Rf4Al.t/ 12. General Discussion . a. Mayor's Choice. Ii:>. Council Members' Choice. 13. City Manager's Report. dff/ ?-0 ~~ ,,µ,,u_ Hi 14. City Attorney's Report. ~ ~l..ttt)CXJO /?Ai)/ A)[... tf'&-(}a. Settlement: Talent, Richard v. City~ {!.o R./U+l-'' 1 5. Adjoumment .9:m~ Th e following minutes were transmitted to City Council in June 2006. • Board o f Adjustment and Appeals meeting o f May 10, 2006. • Code Enforc ement Advisory Committee meeting of April 19, 2 006 . • Cultural Arts Commission meeting of May 3, 2006 . • Liquor Li ce nsin g Authority Telephon e Poll minutes o f April 18, May 1 7, and June 7, 2 006. • Par ks and Rec reation Commission m ee tin g of May 11 , 2006. • Planning and Zo n in g Commissio n mee t ing of A pril 18, 2006 . • Public Library Board meeting of May 9, 2006. • Transportation Advisory Committee meeting of May 11 , 2006. 0 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Regular Session June 19, 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 , Mccaslin, Woodward, Wolosyn Council Member Oakley Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Services Director Fonda , Utilities Director Gryglewicz, Fin ance and Administrative Services Fire Marshal Greene, Safety Services Director Simpson, Community Development Senior Planner Langon , Community Development Police Commander Sanche z, Safety Serv ices Police Sergeant Watson, Safety Services Fire Division Operations Chief Pattarozzi, Safety Services Fire Battalion Chief Ertle, Safety Services 5 . Consideration of Minu tes of Prev ious Session (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 5, 2006. Mayor Wolosyn asked if there was any discussion . There was none . Vote results : Ayes : Nays : Absent: Mot ion carried . Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward, Tomasso None Council Member Oakley 6 . Recognition of Scheduled Public Comment Englewood City Council June 19, 2006 Page 2 There were no scheduled v is itors . 7 . Recognition of Unscheduled Public Comment (a) T .J . Cassidy of Centenn ial , Colorado , sa id I w ish to comment on Counc il Bill No . 7 , the Southgate/South Arapahoe intergovernmental agreemen t fo r reimbu rsement. He said I am th e ind ividual that brought to light the bill ing errors for the sanitat ion districts . Wh ile I am not an attorney , I have done my best to research the applicable law ... thanks to LexisNexis . Should anyone be interested , I have with me copies of all of the Statutes and annotations I will be referring to . Number 1 ... the Sanitation District billing error was brought to the attention of the Englewood Utilities Department by me on September 26 , 2005 . Now after some 9 months, including the 49 days of revisions , since it was first to be presented to Council, we have a disgraceful and downright insulting document being presented to Council. I think it would have been nice if some attempt had been made to notify and solicit input from the overcharged parties or anyone else prior to now, but instead we were stonewalled . This was even to the extent that it was declared that the public 's business was, in fact, not the publ ic's business and CRS 24-6 -201 did not apply . Would Council be kind enough to instruct the City Attorney to provide me with copies of the minutes of these closed meetings , including the signed statements from the representing attorney and the Chair as per CRS 24-6 -402 (2)(d)(II)? Number 2 ... the 3 organizat ions of Englewood Utilities Department (EUD), Southgate Sanitation District (SSD) and South Arapahoe Sanitat ion District (SASD) have allowed th is fiasco to go on for 12 years and now expect us to have faith in their abil ities to propose a fair, equitable and accurate resolution . I believe what they are proposing in the City Ordinance under consideration is shamelessly self-serving and should be rejected by Council and returned with instructions as to how Council wants it changed , in order to gain their approval. May I suggest that someone take the time to read CRS 24 -10-102 and annotations, and then remove paragraph 8 , as I find it insulting to our intelligence . While you are at it also take out paragraph 6 . Number 3 ... at the Englewood Wate r and Sewer Board meeting of November 8 , 2005 I strongly suggested to the Director of Util ities that A .... they obtain an independent aud itor (CPA) to determine the scope and monetary impact of this problem on each property .... B ... prepare to pay total mischarges plus interest compounded ... such as pr ime rate plus four percent. .. C ... come up w ith a plan to f ind all previous owners/residents that were damaged ... D ... plan to turn over to the State Treasurer any uncla imed funds including interest. Obv iously, I was ignored on all of the above . But I tried . Number 4 ... any reasonable person would question the claim SSD seems to have made on the funds collected and held by SASD. Funds which unquestionably and rightly belong to the overcharged parties . The burden should be on SSD to prove any claim they think they may have on these funds , which clearly they haven't. Furthermore , it should have been South Arapahoe , the original holder of these funds , that should be requ ired to assume the role of trustee per CRS 15-1 .1-105 ... "a trustee shall invest and manage the trust assets solely in the interest of the ben efi c iari es as opposed to act ing for the trustee 's own interest or that of thi rd parties ." Since SASD has alrea dy turned these funds over to SSD, they should be instructed to return them to SASD posthaste . Should SS D pers ist in th is ma tter , they should be info rmed to prov ide a District Court Order releas ing the funds to them . Couldn't one e ven q ues tion as to why they wou ld re q uire any co m pensat io n at all s ince th ey ha ve ma naged to forgo collection for 12 years and suffer no ill effects . Clearly, if they wish to make a claim for their uncollected fees, it should be with the property owners directly . But then again, they are probably familiar with CRS 13-80- 102 , which clearly limits any recovery of unpaid utilities charges due to an error in billing procedure ... which is exactly what we have ... to 2 years, not 12, since the plaintiff knew, or should have kn own by the exercise of reasonable diligence. N um ber 5 ... to g o into any details about Exhibit A is a waste of time. The presentation is unbelievably ba d , un less the in tention was to make it unverifiab le . T here are fact o rs th at have o bvi ously been omitted that make it extremely d ifficu lt, if not impossible, for even a CP A to resolve . A nd t he in terest rates shown are not in accordance with the Colorado law CRS 5-12-102 ... see number 6 belo w . Furthermore, the numbers from SASD did not even agree with the Englewood Utilities numbers on April 17, 2006 . All 3 parties ... City of Englewood, Southgate and SASD ... "have reviewed Exhibit A and consulted their own records and agree that SASD 's calcula tions are accurate and based upon appropriate assumptions and principles ." If this review was done by the same persons responsible for the 84 errors perpetuated for 12 years , I am not convinced anyone can have confidence in the accuracy . There is a definite need to bring in an independent CPA for a complete audit , top to bottom . Number 6 ... the proposed interest to be paid to the injured parties for monies wrongfully collected is not in compliance with CRS 5-12-102 ... Statutory Interest. The interest due is pla in and unambiguous, as well as a matter of equity under the doctrine of unjust enrichment ... Trip v. Cotter Co rporat ion , 701 P.2d 124 ,126 (Colo . App . 1985) ... since no specific rate of interest due the plaintiff or de fen d ant was set forth by e ither party. Accord ingly , pla intiffs are entitled to summary judgment to the statutory Englewood City Council June 19, 2006 Page 3 interest of 8 percent per annum, compounded annually, on the money wrongfully withheld. Someone just might want to look into Moratory Interest, since it has been allowed in Colorado for more than 100 years . Number 7 ... clearly, the proposed disposition of unclaimed funds to SSD {the 5th Whereas on page 1) is contrary to CRS 38 -13 -101 -134 ... the Unclaimed Property Act. I suggest that someone pay close attention to the requirements and also the penalties for non-compliance in CRS 38 -13-127 . Someone might also want to check as to whether a Form B needs to be filed no later than June 30th of th is year . Number 8 ... 1 am very d isappointed , in light of my talks with Mr. Fonda , that there is as yet no detailed plan for the disbursement of funds , other than an obtuse reference to "disbursement of funds in accordance with the approved protocol " ... in 3(e). Has anyone on Counc il any idea just what this means? There is also the question of a plan for locating those due refunds , but have left the area . I am also curious as to whether the names of the payees over the years are available? Are the Englewood Utilities records complete? Number 9 ... can I be assured that these SSD and SASD districts have complied with CRS 29-601-604 mandating an annual audit by an independent certified public accountant, CPA , licensed to practice in Colorado, and that I may obtain a copy of the audits for 2005? Number 10 ... should any of the attorneys be present that I have been told had approved this document...and now, in this latest version, I can see lawyers "fingerprints " many times by the involved utilities directors and others, all I can say is shame on you . Number 11 ... 1 respectfully impeach the Council not to approve this ordinance in haste, but to take their time and question as to whether they have been presented with, not only a fair and equ itab le document , but one that meets the intent of the law. He s~id thank you for your kind attention . Mayor Wolosyn said thank you for your time and as you know , th is item is on the Agenda and there may be some discussion on it at that time . She said it is 11 (a) (i) on the Agenda . Thank you . 8 . Communications, Proclamations and Appointments There were no commun ications , proclamations or appo intments . 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first read ing . (See Agenda Item 11 .) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (i), (ii), (iii) and (iv). (b) Approval of Ord inances on Second Read ing (i) O RDI NAN CE NO . 17, SER IES OF 200 6 (C OUN CIL BILL NO . 20, INT RODU CED BY COUNCIL ME M BER WOODWARD) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW EN FORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. (ii) ORD INAN CE NO. 18, SERIES OF 2006 (CO UNCIL BILL NO . 21, IN TRODUCED BY COUNC IL ME MB ER WOODWARD) A N ORDI NA NCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED AGREEMENT REGARDING PROPERTY ACQU ISITIO N AND CONSTRUCTIO N OF A MAI NTE NANCE TRAIL, BIG DRY CREEK, CITY OF ENGLEWOOD, BETWEEN THE CITY OF ENGLEWOOD, COLORADO A ND THE URBAN DRAINAGE AND THE FLOOD CONTROL DISTRICT . (iii) ORDINANCE NO . 19 , SERIES OF 2006 (COUNCIL BILL NO . 22 , INTRODUCED BY COUNC IL MEMBER WOODWARD) Englewood City Council June 19, 2006 Page 4 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED AGREEMENT REGARDING DESIGN AND CONSTRUCTION OF MAINTENANCE IMPROVEMENTS TO WEST HARVARD GULCH , CITY OF ENGLEWOOD, BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE URBAN DRAINAGE AND THE FLOOD CONTROL DISTRICT. (iv) ORDINANCE NO . 20, SERIES OF 2006 (COUNCIL BILL NO . 23 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD, COLORADO THAT PERTAINS TO FINANCIAL COMMITMENTS RELATED TO THE DESIGN AND CONSTRUCTION OF "SOUTH BROADWAY STREETSCAPE-TUFTS TO BELLEVIEW" PROJECT STE M395-011, IN THE CITY OF ENGLEWOOD. Vote results : Ayes : Nays : Absent : Motion carried . Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodwa rd , Tomasso None Council Member Oakley (c) Resolutions and Motions There were no resolutions or motions submitted for approval. 10. Public Hearing Items No publ ic hearing was scheduled before Counc il. 11 . Ordinances, Resolution and Motions (a) Approval of Ord inances on First Read ing (i ) Director Fond a presen ted a reco mmenda ti on from the Ut ilit ies Department to adopt a bill for an ord inance authorizi ng ente ri ng an Intergovernmental Agreement between the South Arapahoe San itation D istr ict , Southgate Sanita ti on D istrict, and the City of Englewood pertaining to reimbursement of ove rcharged san itat ion fees by Sou th A rapahoe San itat ion Di str ict to the Southgate Sanitation D ist ri ct c ustom ers. He sai d , as it has a lready bee n ment ion ed , th ere wa s an erro r cau sed when som e prop erti es were put on-line, they were placed in the wrong district. This did not make any diffe rence until the districts requested that we start collecting money for them, usually as a percentage of our charges . We would collect them from all of their customers and then reimburse the district. .. those operating funds . This happened in an area where the boundaries of the district were changing to allow gravity flow and 82 errors occurred . We went back and went through and checked all of the addresses in that area and only came up with these 82 . At that point, the two districts ... South Arapahoe Sanitation District, the one who we collected the ex tra money from and turned it over to them from Southgate customers. That board met and the attorneys worke d ou t an agreement whereby the entire principal that was collected will be returned to all of the customers, with the interest tha t South Arapahoe made on the money while they held it. This has been calculate d by an accou nti ng firm an d our accountants have stated that those amounts are available . We were issued a check and we are now in a position to simply administer the repayment of the funds that South Arapahoe has agreed to reimburse . Southgate was a party to all of these discussions and has also approved this arrangement. We are ready to make the reimbursements . The way we will make the reimbursements is to mail notices to all of the affected customers and then we will have them make appointments, they will come in and we will show them the way the interest was calculated and will issue a check . For customers who are not currently at that address ... they 've moved on ... we will send a notice to the last known address and we will also give legal notice in the newspapers . I think this is a fair settlement and I think it is now time to move forward with this, so we can start reimburs ing the customers . Mayor Wolosyn asked if there were any questions for Mr . Fonda . Englewood City Council June 19, 2006 Page 5 Council Member Barrentine said how many homes were involved in th is? Mr . Fonda said 82 . Ms . Barrentine said were we the people who misidentified the billing? Mr . Fonda said we were the ones who located them in the wrong districts . Ms . Barrent ine said okay and then we billed , collected and gave this money ... Mr . Fonda said we bill and collect, for the districts, their operating fees . But , Ms . Barrentine said we are the ones who misidentified these people? Mr . Fonda said yes . Ms . Barrentine sa id okay, is any C ity money involved or was it lost in any part of this transaction? Mr. Fonda said no . Ms . Barrentine sa id are we taking any money to admin ister this reallocation of funds? You are deal ing with 82 different people's accounts ... are we getting any money to do that administration piece? Mr . Fonda sa id no, we are not and we believe that this will not put much of a burden on our staff. Ms . Barrentine said okay. Is there any reason why the accounting piece of th is wouldn't be available to anybody? Mr. Fonda sa id we have put it together and we w ill be showing each customer, as they come in , how we calculated it. We will give them a copy of their particular calculation . So, if you come in from an address in South Arapahoe ... when you come in we will give you a calculation sheet that shows you exactly how your principal and interest was calculated . Ms . Barrentine said do you have any idea how much this administering and dealing with these 82 accounts is going to cost your department? Mr . Fonda said no , I haven't estimated a cost. I would figure that it would be fairly minimal, because we already have the amounts calculated for each property. Ms . Barrentine said who pays for the accounting process to happen? Mr. Fonda said that was done by the South Arapahoe District. .. they simply submitted it to us and one of our accountants verified it. Ms . Barrent ine sa id maybe I didn 't make it very clear , would there be any reason why that information wouldn't be available to somebody ... like this gentleman ... prior to us voting on th is? Mr . Fonda said it is available . Ms . Barrentine sa id okay. Mr . Fonda said I believe it has been shown to him. Ms . Barrentine said okay. Mayor Wolosyn sa id is that everything Laurett? Ms . Barrentine said yes for now . Council Member Moore said Mr . Fonda ... the reasons to move forward on this now is just to resolve this issue and disburse payment. Is there any other reason why, for instance ... we should just allow time for the Water Board to make sure they have a chance to hear all these concerns and reaffirm the decision? Mr . Fonda sa id I have never seen the document that Mr. Cassidy has produced, so I can 't respond, but it has been go ing on a long time and I think we would like to get the payments made back to the customers. It was before the Water and Sewe r Board and Mr. Cass idy d id appear, although all of the issues he just recently brought up tonight , we had not heard . We responded to several of his suggestions by changing the document once already. Counc il Member Barrentine said what harm would there be if there was an additional period of time to address th e concerns he brought up ? Mr. Fonda sa id it would s imply delay payment for poss ibly several months and w e have been work ing on this for qu ite awh ile . Council Member Barrentine said do you know if the City has any lia bility for the piece that w e playe d in misidentifying them? Mr. Fonda said I would have to leave that to Dan's comment...! do not believe so . South Arapahoe was the one who decided what would be paid back and they are the ones who made the decision that it would be principal plus the interest they earned . We are merely administering the funds . Our ordinance probably won't change, unless the other two districts change and this is what they have indicated that they will agree to . Council Member Barrentine said I guess my concern is then, if we are getting in the middle and doing that middle -m an piece of it, if we are in anyway subjugating somebody else 's rights to go ahead and deal with that entity that overcharged them ... that is kind of what I would like to know . If our getting involved in that is mak in g it impossible for them to ... Mr . Fonda said I think they were represented by their District. The Southgate District was a party to the contract. .. the District that they are a member of. Ms . Barrentine said but this dealing in overpayment is an issue between those two entities ... at this point we were just a pass through . Mr. Fonda said that is right and that is all we are in the contract. She said okay and now we are being a m iddle man to go ahead and do that when maybe th is argument is between those two , if they aren't settled yet. .. I'm just confused . City Attorney Brotzman said much like City Council, they have boards that have representatives . They sat down and they have gone over the agreements themselves . They have gone through this very same process where the people that are in the ir District can come and talk to them . We are not taking that away . They have had that Englewood City Council June 19, 2006 Page 6 opportunity. They can go to their respective sanitation district and say , this is fair or this is not fair. Their representatives vote on it , just like City Council votes on behalf of the c itizens of Englewood. Mayor Wolosyn asked if there were any other questions . Council Member Woodward said I have one question that is probably for Dan . This is something that Mr . Cassidy brought up and it has to do with people that are not found and the unclaimed funds ... wouldn't that or why wouldn't that be turned over to the State as unclaimed funds ... like if somebody left money in a safe deposit box or something else?. Is that up to the Districts? Mr. Fonda sa id in this agreement , I believe , it is a year after we make the reimbursements, that it is turned over to the State . Mr. Woodward said okay. Mr. Fonda said that was one of Mr. Cassidy's suggestions that we incorporated, because he was correct on that issue . Council Member Woodward said do you know where that is? City Attorney Brotzman said it is on page 3 of 5, No. 5 : Termination and Reimbursement Program . Mr. Fonda read "The City shall turn over any remaining funds to the State of Colorado in accordance with provisions of Unclaimed Property Act." Mr . Woodward said okay, so that is addressed . Council Member Moore said I just wanted to confirm what I think Laurel! was asking, or a portion of it. .. we are just facilitating the agreement between these other two ent ities . We have that burden only because we are the administrator of the overall district. Director Fonda sa id yes . Mr. Moore said any rights , any disagreements with this agreement. .. our passing this does not stop someone's ability to fight it, or whatever, with their districts? City Attorney Brotzman said correct. Mr. Moore sa id if for some reason those districts wanted to bring th is back up , and make yet another adjustment, then we could go through this process again? Mr. Fonda said yes , if they wanted to change it, we would certainly go along with that. But , Mr. Moore said , as of now, I feel like we are not really a d irect party to this . C ity Attorney Brotzman said that is correct. Mr . Moore said we need to facilitate resolution and it can still be an open matter if the constituents to those districts choose to make it so ... we 're not closing the door on that with this action, we are just carrying forward with the directions that, in essence , they are giving us . City Attorney Brotzman said correct. Mr . Fonda said if the two districts came at a later time and said we want to change this , we could certainly accommodate that. Mr. Moore said thank you . Counc il Member Barrentine said I guess the confusion and my concern is that since it is listed as an intergovernmental agreement , that somehow we are committing that this satisfies this debt. Ci ty Attorney Bro tz man said because the part ies agre ed to it. What they are saying is this is the prop er trans fer and it is the prop er in terest ra te of the tran sfer ... th at the two dist ric ts are actually agreeing that that is true . Th e answer is could you pick a different interest rate, could you use 8 percent, which is sta tutory, w ith o ut an agreement interest rate? Absolutely . Council Member Barrentine said the agreement piece of it...we had nothing to do with it? City Attorney Brotzman said that is right, that is the agreement between the two parties . Ms . Barrentine said we had nothing to do with the agreement piece of it, so then the legal issues that have to do with whether they are entitled to still collect those fees o r not, are still open for people to pursue wi th their individual districts? Mr. Brotzman sai d correct. Ms. Barrentine said ok a y, so w e are ju st fa c ilitating this . W e have not negotiated anything ... w e are not locking anybo dy in to any ag ree m ent. .. w e a re j ust taki ng the money and giving it back? Mr. Brotzman sai d correct. Ms. Barrentine sai d an d do in g th e work to dea l w ith 82 different accounts? Mr . Brotzman said right. Ms. Barrentine said okay . Mayor Wolosyn said is it correct to say that our part of this agreement is the fact that we are the pass-thru person? Mr . Brotzman said yes, we are the pass -thru and that is why we are doing this . Ms . Wolosyn sa id and w are agreeing to enable it. Mr. Brotzman said that is right, we are the billing agents, so that is why we are doing it. Mayor Wolosyn asked if there was any other discussion or questions . There was none . Englewood City Council June 19, 2006 Page 7 COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 7 . COUNCIL BILL NO . 7, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING ENTERING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE SOUTH ARAPAHOE SANITATION DISTRICT, SOUTHGATE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD PERTAINING TO REIMBURSEMENT OF OVER CHARGED SANITATION FEES BY SOUTH ARAPAHOE SANITATION DISTRICT TO THE SOUTHGATE SANITATION DISTRICT CUSTOMERS . Mayor Wolosyn asked if there was any more discussion . City Attorney Brotzman said since there is actually an open records request contained in this document.. .Council is aware that there were no meetings on this agreement. There was no Executive Session . There are no closed meetings that Council had regarding the subject , or with the Water Board . I don't know what happened at the sanitation district meetings . I don 't know how they conduct their meetings , but with our Water Board and the City Council, obviously you have never met on this issue in Executive Session . Council Member Barrentine said and there is no meeting that wouldn 't be available to him that Englewood has held on this issue . Mr. Brotzman said that is correct. Ms . Barrentine said okay. Vote results: Ayes : Nays : Absent: Motion carried . Council Members Barrentine , Mccaslin , Moore , Wolosyn, Woodward, Tomasso None Council Member Oakley (b) Approval of Ordinances on Second Reading (i) Council Bill No . 16, as amended , updating Section 7-1A-4 of the Englewood Municipal Code 2000 pertain ing to the number of animals mainta ined at a household or premises was considered . Mayor Wolosyn said we discussed this last week . This is a bill to change the mix of animals from two dogs and two cats for a total of four to ... keeping the total of four , but changing the maximum of either type of an imal to three . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) • ORDINANCE NO. 21, SERIES OF 2006. ORDINANCE NO. 21, SERIES OF 2006 (COUNCIL BILL NO . 16, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AMENDI NG TITLE 7, CHAPTER 1A, SECTIO N 4 , OF THE EN GLEWOOD MUNI CIPAL CODE 2000 PERTAINING TO TH E NUMB ER OF ANIMALS MAINTAIN ED AT A HOUSEHOLD OR PREMISES . Mayor Wolosyn asked if there was any discussion . Council Member Tomasso said I will be voting no on this . I believe that there are dog owners that are very responsible, there are individuals that are very responsible, there are dogs that have more opportunities than other dogs by going to doggie day care and off-leash parks, yet there are dogs that remain in their yards 24 hours a day ... they bark at anything that moves . If an owner is allowed two dogs that have such activities, there is nothing stopping them from having three dogs . There are dog owners that walk their dogs and pick up and there are dog owners that walk their dogs and don't pick up . I think if you allow more than two animals , you are compounding the problems you have with the bad dog owners . So, I will be voting no against this . Englewood City Council June 19, 2006 Page 8 Mayor Wolosyn asked if there was any other discuss ion . Council Member Mccaslin said but we are actually allowing four pets . You can have two dogs right now and two cats , correct? So you can actually have fou r pets in your household . What we are doing is just chang ing it to three to one . Council Member Barrentine said I will be voting yes for this and the reason for that is that I am for private property rights and I am not willing to punish the majority ... the vast majority ... of people in th is community who are considerate neighbors and good citizens for the few people who have a problem . I th ink this is a good compromise for people who find themselves in a variety of situations and I believe that it is reasonable to vote for this . Mayor Wolosyn asked if there was any other discussion . There was none. Vote results: Ayes : Nays : Absent: Motion carried . Council Members Barrentine , Mccasl in, Moore , Wolosyn, Woodward Council Member Tomasso Council Member Oakley (ii) Council Bill No . 19, approving the South Pennsylvania Street Sen ior Housing Planned Unit Development (PUD) located at South Pennsylvania Street and Highway 285 in the City of Englewood was cons idered . Mayor Wolosyn said we had a Publ ic Hearing on this last meeting , so if anybody needs any more d iscuss ion , Ms . Langon is here to respond . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (ii) -ORDINANCE NO . 22, SERIES OF 2006. ORDINANCE NO. 22 , SERIES OF 2006 (COUNCIL BILL NO . 19 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING THE SOUTH PENNSYLVANIA STREET SENIOR HOU SING PLANN ED UNI T DEV E LOPMEN T (PUD) LOCATED AT SOUTH PENNSYLVANIA STREET AND HI G HWAY 285, IN THE CITY OF E NGL EWOOD , CO LORADO . Mayor Wolosyn asked if there was any d iscuss ion . There was none . Vote resu lts : Ayes : Nays : Absent: Mot ion carried . Counc il Members Barrent ine , Mccasl in , Moore, Wolosyn, Woodward , Toma sso None Counc il Member Oakley (c) Res olut ion s a nd Motions There were no resolut ions o r m ot ion s submitted for approv al. 12 . General Discussion (a) M ayor's Choice (i) Mayor Wolosyn said just a little update . Ken Fellman, Mayor of Arvada, came and spoke to us about H.R. 5252 , Communications, Opportunity , Promotion, and Enhancement Act of 2006 . As you Englewood City Council June 19, 2006 Page 9 know we sent in a letter opposing it. The House voted and it passed with an overwhelming majority , but really this is a non-partisan issue. In the Colorado Delegation, only two people voted against it and those were Diana DeGette and Tom Tancredo, so go figure . But I think that both of them really deserve our commendation for realizing that the long term goal is to open up competition, the cities really aren't turning away competition ... in fact, they are inviting telecommunication companies to make agreements with us ... with all municipalities . And the other thing is that by moving this up to the Federal level , some of the issues Ken explained to us ... really we're taking away the right of our citizens to just come to us and complain if the telecommunication company puts the tower in a place they don't want it. .. they have to go to Washington . The Senate apparently has a friendlier, more amenable bill and we should keep an eye on that. (ii) Mayor Wolosyn said we have a motion to reschedule the July 17, 2006 City Council meeting to July 24, 2006 . We are being asked to do this because of the Sheridan Project and the way it is stacking up. We originally scheduled our July 3•d meeting, moved it to the 1 oth and then we were scheduled to have our meetings back to back with that. With the publication rules, we need two weeks between the meetings, so we need to change that meeting on the 1 ?'h to the 24th to accommodate that. COUNCIL MEMBER McCASLIN MOVED, AND IT WAS SECONDED, TO RESCHEDULE THE JULY 17, 2006 CITY COUNCIL MEETING TO JULY 24, 2006. Vote results: Motion carried . Ayes : Nays: Absent: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso None Council Member Oakley (iii) Mayor Wolosyn said I have one other thing that I would like to ask Council 's support on . The National Brownfields Association contacted me and they are starting a Colorado chapter . I think that it is a one-time thing ... l don't think it is annual, the way they spoke ... there is a one-time fee of $200 .00 for us to join and I think that since we are a City that has Brownfields , that it would be a great conduit for us to get information, as we move toward more redevelopment and helping other people redevelop in our town . Council Member Woodward said I would agree with that , especially realizing that we were one of the first to get a Brownfield loan for the Brent Mayne Field at Centennial Park . So, I think that could be money well spent. Mayor Wolosyn asked for a consensus or if there were any object ions . There were none . (iv) Mayor Wolosyn said I am going to a family reun ion on the 24th. I am leaving on Wednesday. Jim will be chairing the meeting ... we are having an Executive Session/Study Session next week. Jim will be chairing it, but I will be on the phone, as I believe John will. We will be participating, but I can't chair a meeting from a phone. (b) Council Members' Choice (i) Council Member Barrentine : 1. She said on Monday Positively Englewood had their golf tournament. I appreciate the participation on the part of the people from the City. We had a very nice event and raised some money for the Recreation Center for scholarship programs for kids . It was a nice day and it was well run . They did a beautiful job . 2 . She said , on the same note, I wanted to recognize something that Positively Englewood has been involved with ... and Community Development's effort ... on the Englewood Days and Merchants ' Car Show that they are planning for September gth ... they keep adding people . Also, the Englewood Chamber of Commerce 's Taste of Englewood . So we 've got a lot of entities trying to come together and do a nice event and I r13ally appreciate that. I realize th at it is some additional work . Englewood City Council June 19, 2006 Page 10 3. She said also the work on the part of Community Development to really try and explore , and br ing to Council more proactively , a lot mo re diverse and creative ways tha t we can try to bring in investment. .. both in residential and commercial property and I appreciate that. It takes a lot of extra work to try and run those instead of being reactive . 4. She said I had a conversation w ith County Comm issioner Susan Beckman and I know that some of the cities are participating in the Arapahoe County Fa ir. I just wanted to get some information on whether we were doing anything w ith that or how we might be able to participate if we do decide to . (ii) Council Member Mccaslin said I talked to Susan McDonnell, Victim and Witness Services Coordinator and Police Officer Na ncy Peterson and they informed me about some of the things that we can do to help people that are indigent or ill or whatever as far as helping them keep their houses ... and keep them up to Code. So I appreciate their input and just wanted to thank them personally . (iii) Council Member Woodward : 1. He said I am going up to Breckenr idge for the CML Conference tonight, which will go on for the rest of the week. 2. He said I also participated in the Relay for Life over at the Englewood High School on Friday night to Saturday morning . I thought that was pretty successful and I think they certainly appreciate the City's support. Safety Services had a tent over there and had some things that they were doing with the firemen with the kids . think that made for a successful event...in spite of the rain . Mayor Wolosyn said I was there at the beginning in the rain . It was a nice even t. ***** Mayor Wolosyn said I learned at the end of last week that a couple members of our Safety Serv ices Department are ill and on the mend, I hope ... John Coll ins and Jim Ulrich. I would just like to send them our best ... ! am going to send them a card ... but tell them we are think ing about them and miss them . I actually had wondered where John was lately. I was dismayed . 13 . City Manager's Report City Manager Sea rs sa id there were a couple of items scheduled for the Study Session that I would like to go back to if we cou ld . (a) City Manager Sears said first of all I just wanted to menti on to Cou n c il again ... that ICMA is actually paying the air fare for me to go to Germany. It will happen July 1 ih through July 28th . Mike Flaherty will be here during that time . You can never pick the right time to go , as there is too much going on. (b) C ity Manager Sears said one of the th ings I want to ask Council about ... and I provided a lot of info rmation ... is the potential of estab lishing a Sis ter City relationship . There is a proclamati on for Council to consider that on July 10t h. We just ask your supp ort for that. I can deliver that to th e C it y C ou nc il in Belm , Ge rmany and perhaps try to establish a Sister City relationship, if the Council thinks tha t is a po si t ive thing to do . Mayor Wolosyn said I am very amenable to that and if other people in Counc il agree , we can request that . Once agai n , we j ust need a consensus for a proclamation . Council Member Barrentine said I appreciated the in for ma tion you prov ided , thank you very much . Counci l concurred and will consider the proclamation on July 10th . (c) City Mana ge r Sears asked Be n Greene to discu ss the fire ban . Fire Marshall Greene sai d the last t ime I br ough t this to yo u wa s, I belie ve , in 2002 ... the Hayman Fire . And fir e conditions now, as I unders tand them, are much more se vere th an wha t the y w ere d urin g the Hayman fi re . I realize that we are very much an urban community, yet I am very concerned about t he prolifera tion we have Englewood City Council June 19, 2006 Page 11 right now of fire pits and other types of open burning that are going on in people 's back yards . With things as dry as they are ... even in an urban environment like this ... our areas are still very dry. This tags along with wha t Arapahoe and the C ity of Centenn ial have done . I've talked with other fire marshals that are also push ing for fire bans in the ir cities . Part of this includes the fireworks , wh ich are already banned in our City, but I think this reemphasizes the importance of watch ing for those fire issues . We have had about a half a dozen incidents where about the only thing that we have when we have a fire pit that is out of control, or a neighbor complaining about odors coming from a fire pit , is specifically the obnoxious odors. We don't have anything in the Mun icipal Code or in the Fire Code that actually bans these types of fires . So the only th ing we can do is go off complaint and if it is an obnoxious odor, then we can have them extinguish it. So, we are getting ready to adopt a new fire code ... probably in the latter part of the summer or first part of fall ... at wh ich time we will address it. But until then , I would like to put the fire ban in place to spec ifically address all these issues now. They will probably be lifted if we ever get some rain or snow, which I'm hoping we get within the next three months ... but for right now , I would like to put the ban in place. He sa id I am here to address any questions or concerns . Mayor Wolosyn said is that your prerogative or do you need our approval? Mr. Greene said Council 's approval is not required . Mayor Wolosyn asked if there was any discussion . Council Member Moore said just to confirm ... with the fire p its or chimineas ... one of those covers isn 't adequate to exempt it from this ban , is that correct? Mr. Greene said that is correct, it is not. Part of the issues that we have had is we went on a fire pit call. .. l think it was a week ago ... it was 3 o 'clock in the morn ing and it was going at a fairly good cl ip , w ith nobody around . And it was in one of those that were enclosed ... with the grate that is all enclosed ... and it was still a potential issue . And , right now those fire pits are becoming so popular . I mean you can wa lk in to Wal -Mart and buy one ... but the re is still a potentia l of sparks and flames com ing ou t of those . Council Member Mccaslin said I have a question . If you have a barbecue and you use charcoal , is that still illegal? Mr. Greene said what we are looking for is no flames , so if you use charcoal and were actually grilling something, it would probably be approved. But what I am looking at is the open fires where you actually have a fire go ing ... actually hav ing flames lick ing ou t. Because people are using these as a recreational fire and basically it is a bonfire in the ir back yard . Mr. Mccasli n sai d okay. Counc il Member Barrent ine sa id you haven 't seen my so n roast marshma ll ows ... it defin itely is an open flame . He likes them pretty charred up . So , how much wou ld th is affect people j ust do ing barbecu ing ? Mr . Greene sai d barbecu ing is not a probl e m , because most li kely th ey are no t using a n open flame ... they are usi ng a b riq uette o r they are usin g a prop ane fir e or some thing like that. That w o uldn't be a p roble m. Th e one s I'm looking at are the larger fire pits, where they are actually burning wood or things like that, tha t are creating a large flame . Ms . Barrentine said okay. Council Member Woodward said but a pig in a pit , probably no? Mr . Greene said probably no . Mr . Woodward said okay ... especially given the picture that Mike gave us during Study Sess ion, and how it has changed in one week , as far as the fire danger throughout the west, boy , I am sure supportive of a fire ban . Council Member Moore said I told Ben before the meeting that when I told my wife that the chimineas is on the list, she wasn't very happy but since I am term limited , and I don't need her vote , (there was laughter] I will consent to his wise judgment. Thank you . Council Member Barrentine said regard ing the fire ban ... th is isn't an ordinance against those things? Council Member Moore said until the danger subsides . Counc il Member Mccaslin said th is is just temporary. Mayor Wolosyn said thank you Ben . (d) City Manager Sears said I have been working with Chris to maybe do some improvements in some of the communications with Safety Services . There is a lot that Council has on their Agenda, there are a lot of issues that you are looking at, but there are some critical issues that are coming up ... especially as they Englewood City Council June 19, 2006 Page 12 relate to the Facilities Master Plan Study and the Accreditation Report. Both are very important and it is difficult , with where the Safety Services is located and the numbe r of personnel that they have , to really mainta in the best communication with the Counc il. But I have asked Chris to be perhaps a little bit proactive in some of his approach to things, so he has put together a couple of items just for consideration by Council tonight. It is more informational than anything else . Safe ty Services Director Olson sa id we were going to cover this obviously in our last sess ion, so I handed out the document we have there and without getting into too much detail , we are going to try to come up with a little more useable format, where we can get information out to you as to what is happening over in Safety Serv ices . If there have been issues in the past where we failed to do that , then you can put the blame on us . We just did not get the information out that I think, in many ways, we assumed you were receiving . But we are going to try to create a regular format. We will use this for , at least, the major issues that are occurring . You will get some updates that you can be comfortable with . I've got fou r of them here . One of them , of course , is the Pol ice Division Accreditation . The assessors were here . As far as we know , verbally and informally ... we did very well on performance . The formal accreditation will not be approved until the Chiefs of Police Board meets in August, but we are going to have a captain who is one of the assessors ... he is from Boulder ... he will be here on July 191 h to answer your questions and kind of give a general overview of what the process is all about. Right now it looks like we are going to be very successful in ach iev ing the accreditation that we were looking for . The next item up is the Safety Services Fac ilities Master Plan Study . Basically, this has been very informal up to th is point , we have received six RFQ 's ... Request for Qualifications ... they are not formal bids . They are just to see who is out there that might be interested in do ing a study with us . So we w ill keep Council advised as to where the Plan is going , what the timeline is going to be and after we look at all of these, to see what kind of a bid process we are going to go ahead with or the Master Plan Study itself , if that is approved . Next item up is Safety Serv ices Informational Communications Plan . We have talked about that a little bit already. One of the ite ms that we are go ing to try to do aga in is how do we get c itizens invo lved , how do we get Counc il involved , how do we get people to understand more of what Safety Services does and not to feel that we are some sort of a closed environment over there where you can 't be part of what our processes are . There are several National Plans right now in place . One is called Volunteers and Pol ice Services and the other one is called F ire Core . We actually get volunteers to come into your organization and assist with many processes , that possibly , right now , we are paying other people to do , but we look at this as an add-on to our current services . Also, with the Sheridan Development moving ahead and , of course, with the issue that occurred last week with that drum that , theoretically, was a potential explosive issue , we real ize that we are going to have to start working w ith Sheridan Safety Services much more closely . So, we are going to be work ing on developing an Emergency Response Plan with them, because we know we are going to be called in for a variety of things that we expect are going to be show ing up over there during the mitigat ion phase . We w ill keep you appr ised of that as well. And then finall y, the F ire D ivi sion Apparatus Replacement Process . We have two veh icles that we need to replace . Our Co mmitte e, w ithin the Fire Division , worked very hard to come up w ith a reasonable alternative to replace our curren t equipment. We wi ll keep you info rme d of t ha t. W e me t w ith the Cit y Ma nage r and several o ther department heads today, to at least start moving ahead with the process . We will keep you informed when we get to the bid stage ... when we move beyond that as to where we are going to go with it, how we are going to finance it and so on . It is also how it affects our ISO rating and a couple of other issues as well . At least, initially, those are some of the main items that we are working on over there. This memorandum will be expanded as we go along and we will give you updates ... similar to what Public Works does right now, on a lot of their project oriented things tha t are g o ing on . At least that is what I was going to discuss with you and I think unless there are oth er ques tions, tha t is wh at we are tryi ng to cover . Mayor Wolosyn said I would love to have a copy of the scope of the RFQ, you know when you put it out was there a scope of the services required? Direc tor Olson said apparently we use what is called Bid Net. Currently , the City will put it out and we will get it. I haven't seen it actually, but it is whatever documen tation they put on to the web site that goes out there and then anybody can access that and then submit their RFQ's and that is apparently how we got the six back on in. So, we will get that from Don Clarke who actually kind of coordinates that process for us . Mayor Wolosyn said I would like to see what we are asking for , because that eventually may pan out as a bond issue . D irector Olson sa id exactly , we can do that. ) Englewood City Council June 19, 2006 Page 13 Mayor Wolosyn asked if anybody else have any questions . Council Member Barrentine sa id I appreciate your wanting to communicate a little bit with Sheridan on those things . Maybe they don 't have a nice sign w ith a logo like we do , but when they talk about blowing something up in Sheridan and they are showing our light rail station ... ! actually had somebody call me and ask why are they going to blow up something at the light rail station? I think we've got a really nice sign with that logo and it is very attractive. So, maybe when they do that development, they will want to have someth ing that says Sheridan ... so they can show a Sheridan sign . Director Olson said we will work with Sheridan on that. She sa id I'd appreciate that. .. my concern is when they are showing the light rail stat ion and talk ing about blow ing someth ing up . I was actually surprised that somebody called me ; it was only one person, but none the less . appreciate this kind of information com ing too about the things that are going on . Mr. Olson said it will be expanded out to as much as we can get to you . Just as a side note, that incident with the barrel ... we went through a major process of trying to contain that. It turned out , essentially, to be a non -event from what I understand . So, when they finally blew it, basically all they got was a stream of water blasting on up into the roof of that building over there . It turned out to be okay, finally, but we think there are going to be other issues . We are going to be more on top of ... by working with Sheridan to make sure that it is very cooperative with what happens . Ms . Barrentine said I told them I would wait 10 minutes and if it was really something in Englewood blowing up that I would probably hear from you and I would call them back . Since I didn 't hear from you, I was pretty sure that Englewood wasn't blown up . Mr. Olson sa id that is right , thank you . Mayor Wolosyn asked if there were any other questions or comments. Council Member Woodward sa id I was just curious about the two larger p ieces of f ire apparatus ... is one of those a hook and ladder truck? Director Olson sa id one is a ladder truck that we have had now for about 15 plus years and it has just reached the end of its service l ife and it is costing us more to keep it here and maintain it than it is to turn it over and get something more usable . What we are looking at right now is lease arrangements on these apparatus, as opposed to an out-right purchase , which we d id with that ladder truck several years ago ... something that is much m ore cost effective for the City . Council Member Mccaslin said can I ask a question on that Police D ivision Accreditation ... tell me what that is . What does that give us? Director Olson sa id what the accreditat ion process does ... this is the State Accreditation process of the Ch iefs of Pol ice Association of Colorado and you can apply for it. You don 't have to do it , but you have to go through the process where you have assessors that come on out, that are ass igned to your jurisd iction and they go th rough everyth ing . They go through our Procedures Manual and the manual , that you rece ived , was the result of abou t three years of work to bring that manual to a point where we could go ou t and apply for accred itat ion . So , you go through that, then they come out and do an on -site assessment to look at your fac ilities, how you ru n the place a nd so o n. They go back and file the ir report , s ubm it it to t he Board of Directors of the Chiefs of Police Associati o n for either app ro va l o r denial. Then after that, if we get app rov ed, we will have a formal presentation here . It is very nice to have, so a lot of departments really strive to get accredited to show that somebody else from the outside is coming in to look at how you operate ... how you do things . Mr. Mccaslin said thank you . Mayor Wolosyn asked if there were any other comments . There were none. Mayor Wolosyn said thank you very much Chris . We look forward to future things like this ... it helps to stimulate dialog . Thank you . (e) City Manager Sears said I just wanted to tell Council that we did have a very good session with Wipeout Graffiti. We had about seven or eight people from our staff that actually met with these people . They we re very informative and very helpful , especially on surrounding jurisdictions . They actually do have a good product. We will be bring ing that back as part of a report on July 101 h when we talk about graffiti removal. So we did follow up on that. (f) City Man ager Sears said I w ill be at the CML Conference w ith Dan and the Council members for th next several days . M ike will be here , but be gone on Friday . Jerrell will be in charge of the City on Friday. Englewood City Council June 19, 2006 Page 14 Council Member Barrentine said I am sorry, originally I intended to go, but unfortunately the situation at work changed so I wasn't able to ... maybe next year I will be able to go . 14 . City Attorney's Report (a) City Attorney Brotzman said I will be at CML. Nancy Reid will be here and Duggan will be prosecuting . 15. Adjournment SYN MOVED TO ADJOURN . The meeting adjourned at 8 :33 p .m . Doug Cohn Englewood Days Sep.9,2006 July I 0, 2006 The plans for the 2006 car show and celebration are coming along very well. We will have a car-truck-tractor-military vehicle show that day . Included in the activities are a sidewalk sale, booths, live music and the Taste of Englewood food event. Our goal is to have a large exciting but low impact event to showcase our city. The Steering Committee has worked hard to get the parts together, now we need your help. We need your help in these areas noted in Brook Bell 's notes in your packet. I . We need your help with the comer lot on Englewood Parkway and Broadway and the parking lot behind it. We would like to put the monster truck and tractors in that area. We want to bring people across Broadway to shop and attend the Taste. The problem we have is the pending sale to the developer. We have looked for another site as a substitution and have not identified one. The developer will not start construction until after Christmas. Please delay the closing until Monday Sep. 11. The City will own the lots and you can say yes. If not, may we have the phone number of the Centex contact person to ask permission? It seems like it would be a great opportunity for the developers to introduce the project. 2. The notes from the city in your packet indicate we do not have enough room for 500 cars. We reluctantly agree and are scaling back to 300. 300 will fit in the city, Swedish and the Mason lots. I will deliver to the city written permission to use the other parking areas. Also, I will deliver to the city the insurance document from the Gothic with the inclusion of the City as an insured party. Additionally, here are the other areas we need your assistance: I . We would like to borrow/rent the show wagon as a stage for the live music. 2. We need barricades and cones to restrict traffic into the car show areas. The Street Division has indicated they could help us . 3. We would like to rent the Cherrelyn horse car for the day for use as a free shuttle bus around the shows. Public Works indicated it could be done and the cost would be $42/hour. 4. We would like to place an insert ad in the Sep. Citizen news if it can be done and the price is not too high . We would pay for it. 5 . We would like you to consider closing one block of Broadway (3400) from 8 to 3:30 that day. There are two reasons . We are concerned about pedestrian safety during the event and last year the merchants on the west side of Broadway felt left out and want part of the show our their side of the street. An alternative would be to keep open one lane in each direction and cone off the outside lanes and have mid block crossing guards . 6. The Hoodlum Car Club members will provide security and assistance during the show . They will have special shirts to identify themselves. 7 . We would like to use both street banner locations for the two weeks before the event and have you waive the fees . 8. We would like the antique fire truck and ambulance to return and be entered in the how. They were both big hits la t year. This would require ome fire staff. . 9. The Crui e Out Parade at the end of the how will be informal and will not require any extra traffic control officer . We realize our reque ts will cost ome mone and take staff time to co rdinate . D ug ohn , 303 -587-2407, doug cnr m n .com 6a Gary Sears From : Sent: To: Subject: Bob Simpson Thursday , Ju ne 29 , 2006 11 :2 1 AM Brook Bell ; Gary Sears FW: COE commen ts on Englewood Days Here is my response to Mr. Cohn this AM. -----Original Message----- From: Bob Simpson Sent: Thursday, June 29, 2006 11:16 AM To : 'Doug Cohn ' Subject: RE: COE comments on Englewood Days Doug , Good morning. I appreciate your efforts on organizing this event. Your enthusiasm for marketing Eng l ewood is notable . It appears that this event could be a success . I strongly encourage you to coordi n ate with downtown businesses on this project. It will be important for you to coordinate with fellow merchants , in my opinion, in order to make it fully successful. I may not be able to address your questions below at thi s time . As we noted in your ORT response letter , many of these items cannot be answered by staff. They are requests that require staff time and/or city resources. As a result , expenditures of this sort will require City Council authorization . Until you have addressed this event and the expenditure requests with Council, we will not be able to assist you further. Doug, unfortunately, I am leaving for the Independence Day holiday. I will be returning on July 10 . I would suggest, rather than loosing time, that you address your request with Council on July 10 under scheduled visitors portion of the agenda. Have a great holiday. Ro bert Simpson Community Development Director City of Englewood 303 .762 .2346 -----Original Message----- From : Doug Cohn [mailto :dougscnr@MSN.COM] Se nt: Monday , June 26 , 2006 8:23 PM To : Bob Simpson Subject : CO E comments on Englewood Days Bob , greetings . I appreciate all the work the various folks did on the response. I need to clarify a few things . 1. The u se o f the Cherrelyn horse car . We want to rent it to use as a free shuttle that day , not have you provide it for free . We have rented it twice and folks seem to like it . Sorry about my sentence construction. 2 . The use of the Acoma lot and vacant lot. We do not have any back up loc tions . We chose that spot to get some people to the west side of Broadway . Last year, very few folks crossed the street. It would not work o move that part of the show further away--it would break up the continuity o f the event . My thought is : if the City still owned it on Sep. 10 {with a c l o sing on Sep 12), you could say yes. If the closing was earlier you co uld r o v i e me wi h he con tact persons name at Cente x and I would talk with h p rs o n about using the ground since development would not take place i ll 1 er in the year . I hought as well , the ne w guys might find it advantageous to begin he project with signs and pictures {like the Seminary property. wo ul ge grea cheap exposure . to a lot of people {the marketing guy in:si me ). The cruise out (point 6 Comm. Dvl.) will be informal not requiring any closures or special handling. You have a good point with the 60 ton tank on city streets. (point 7, pg. 4) After more conversation with the Army, it is too heavy for the streets. We are working on lighter alternatives. You have on your copy of my map the locations of the 6 potties. Brook got my copy. Parks and Rec. Show wagon. We have been given permission to use it in the past and it is a great stage. If it is for rent, would I talk with Linda Wilks or Gary Hurtburg about it? Public Works: my suggestion about detours was just that. You all know better than me the best route. (One week before our event, the City of Denver is going to close the busiest surface leve l intersection for 4 days) The closing of Broadway is a big undertaking and controversial with the merchants. So far, there is a resounding no among the owners I have talked with. The concern we have is for safety. curbs, we are worried about pedestrian place crossing guards at the mid block peds. With shows on both sides and street safety. An alternative would be to cross walk to stop traffic for the Bob, we need to have more discussions. Our desire is to have a large, exciting but low impact events that will attract numbers of people to our town, who will leave after having some fun. If successful, our business community like it, those with homes for sale will have more prospective buyers, the redevelopers will have new people watching the transformation of our main street and our town will have an improved image in the metro area. That is our goal. Please call me and we can set up an appointment to iron out more of the details. Doug Cohn 303-587-2407 2 MEMORANDUM TO: THROUGH: THROUGH: FROM: DATE: SUBJECT: City Council Gary Sears, City Manager Rick Karun, Director of Public W s Ladd Vostry, Traffic Enginee/j ;i C, {Ji, July 6, 2006 / Englewood Days, Broadway Closure (3400 block) Doug Cohn's letter (copy attached), dated July 10, 2006, suggests, as an alternative to closing Broadway, leaving one lane open (the center lane) in each travel direction. He also suggested providing crossing guards to aid pedestrians crossing Broadway in the middle of the 3400 block. After evaluating Mr. Cohn's suggestions, pedestrian safety remains a concern. A proper separation of vehicular and pedestrian activity must be provided. This separation cannot be provided when moving lanes of traffic are adjacent to event functions, and a mid- block pedestrians crossing is permitted. A physical separation would be imperative in providing pedestrian safety adjacent to through vehicular traffic. Warning Lites provided us with a traffic control plan as well as a cost estimate for the necessary safety separation. They advised us that the proper traffic control for these types of closures is to use Type 4 (concrete) barriers to safely separate vehicular and pedestrian traffic; other governmental agencies concurred. This traffic control option would run approximately $17,000 . The cost for traffic control devices to close Broadway will run in the neighborhood of $2,000 to $3,000. Based on these cost comparisons, a full closure of the 3400 block of S. Broadway appears to be the more feasible budgetary option, although raising additional concerns. If the block is closed, the detour route should be re-evaluated to minimize operational and safety impacts on the detour area. General access to the Broadway business area remains a concern. /lw Attach. Doug Cohn Englewood Days cp. 9,2006 July I 0 , 2006 The plans for the 2006 car show and celebration are coming along very well. We will have a car-truck-tractor-military vehicle show that day . Included in the activities are a sidewalk sale, booths, live music and the Taste of Englewood food event. Our goal is to have a large exciting but low impact event to showcase our city. The Steering Committee has worked hard to get the parts together, now we need your help. We need your help in these areas noted in Brook Bell 's notes in your packet. I. We need your help with the corner lot on Englewood Parkway and Broadway and the parking lot behind it. We would like to put the monster truck and tractors in that area. We want to bring people across Broadway to shop and attend the Taste . The problem we have is the pending sale to the developer. We have looked for another site as a substitution and have not identified one . The developer will not start construction until after Christmas. Please delay the closing until Monday Sep. 11. The City will own the lots and you can say yes. If not, may we have the phone number of the Centex contact person to ask permission? It seems like it would be a great opportunity for the developers to introduce the project. 2 . The notes from the city in your packet indicate we do not have enough room for 500 cars. We reluctantly agree and are scaling back to 300. 300 will fit in the city, Swedish and the Mason lots . I will deliver to the city written permission to use the other parking areas. Also, I will deliver to the city the insurance document from the Gothic with the inclusion of the City as an insured party. Additionally, here are the other areas we need your assistance: I . We would like to borrow/rent the show wagon as a stage for the live music. 2. We need barricades and cones to restrict traffic into the car show areas. The Street Division has indicated they could help us. 3 . We would like to rent the Cherrelyn horse car for the day for use as a free shuttle bus around the shows. Public Works indicated it could be done and the cost would be $42 /hour. 4 . We would like to place an insert ad in the Sep. Citizen news if it can be done and the price is not too high. We would pay for it. 5 . We would like you to consider closing one block of Broadway (3400) from 8 to 3 :30 that da y. There are two reasons. We are concerned about pedestrian safety during the eve nt a nd la st year the merchants on the west s id e of Broad way felt left out and want pa rt o f th e show o ur th e ir s id e of the stre et . An a ltern a ti ve wo uld be to keep o pen o ne lan e in eac h direc ti o n and co ne o ff th e o ut s ide lan es and ha ve mid block c ro ssi ng g ua rd . 6 . T he I loodlum ar lub m e mb e rs w ill pro vide sec uri ty and as s istance durin g the ·hO\ . T hey , ill ha e pecial hirt to identify them se lves . 7. We, o uld lik e to u e both street banner lo cation s for the two weeks before the event a nd have yo u wai ve the fe e . 8 . We , o uld lik e the antique fir e tru c k and ambul a nce to return and be e ntered in th e how. T he , e re bo th bi g hit la t year . Thi wo uld require some fire staff. 9 . T he rui e ut Pa rade at th e e nd o f th e how , ill be in fo rmal and w ill not re qu ire a ny ex tr a traffic contro l o ffi cer . We re ali ze o ur requ e t will co t me m ne y a nd tak e ta ff t ime to coordinate . Do ug C o hn , 303 -5 8 7-24 0 7, d o ug c nr@ m n . m - 6a Gary Sears From: Sent: To: Subject: Bob Simpson Thursday, June 29, 2006 11 :21 AM Brook Bell; Gary Sears FW: COE comments on Englewood Days Here is my response to Mr. Cohn this AM. -----Original Message----- Fr o m: Bo b Simpson Sent: Thursday, June 29, 2 006 11:16 AM To: 'Do ug Cohn' Subje c t: RE: COE comments on Englewood Days Doug, Good morning. I appreciat e your efforts on organizing this e v ent. Your enthus i asm fo r marketing Englewood is notable. It appears that this event could be a success. I strongly encourage you to coordinate with downtown businesses on this project. It will b e important for you to coordinate with fellow merchants, in my opinion, in order to make it fully successful. I may not be able to address your questions below at this time. As we n ot ed in your ORT response letter, many of these items cann o t be answered by staff. The y are re q uests t hat requi re staff time and /o r c ity res o ur ce s. As a result, expe n ditu re s o f this s o rt will require City Council authorization. Until you have addressed this e ve nt and the expenditure requests with Council, we will n o t be able to assis t yo u f u r ther . Do ug, unf o rtunately, I am leaving for the Independence Day holiday. I will be r etu r n ing o n July 1 0. I wo uld suggest, rather than l o osi ng time, that you addr e ss yo ur r eque st with Coun ci l on Ju l y 1 0 unde r s che duled v isit or s p ort i o n of the agen d a . Ha v e a g reat ho l iday. Robert Simps o n Co mm unity Dev el opment Direc t or City of Engl e woo d 303 .762 .23 4 6 -----Or igina l Messag e----- From : Do u g Cohn [ma il t o :do u gscn r@ MSN.COM) Sent: Monday , Jun e 26 , 2006 8 :2 3 PM To : Bob Simpson Subject: COE comments on Englewoo d Days Bob , greetings . I appreciate all the work the various folks did on the response. I need to clarify a few things . 1. The use of the Cherrelyn horse car. We want to rent it to use as a free shuttle that day, not have you provide it for free . We have rented it twice and folks seem to like it . Sorry about my sentence construction. 2 . The use of the Acoma lot and vacant lot. We do not have any back up locations. We c h ose that spot to get some people to the west side of Bro adway. Last year, very few folks crossed the street. It would not work to move that part of the show further away--it would break up the continuity of the event . My thought is: if the City still owned it o n Sep. 10 (with a closing on Sep 12), you could say yes. If the closing was earlie r you could provide me with the contact persons name at Cente x and I would talk with hat person about using the ground since development would not take place ill later in the year. I hough as well, the new guys might find it advantageous to begin s h o wing off he project wit h signs and pictures (like the Seminary property. The y would get great cheap exposure. to a lot of people (the marketing guy insi de me). The cruise out (point 6 Comm. Dvl.) will be inform l not requiring any closures or special handling. You have a good point with the 60 ton tank on cit y streets . (point 7, pg. 4) After more conversation with the Army, it is too heavy for the streets. We are working on lighter alternatives. You have on your copy of my map the locations of the 6 potties. Brook got my copy. Parks and Rec. Show wagon. We have been given permission to use it in the past and it is a great stage. If it is for rent, would I talk with Linda Wilks or Gary Hurtburg about it? Public Works: my suggestion about detours was just that. You all know better than me the best route. (One week before our event , the City of Denver is going to close the busies t surface level intersection for 4 days) The closing of Broadway is a big undertaking and controversial with the merchants. So far, there is a resounding no among the owners I have talked with. The concern we have is for safety. curbs, we are worried about pedes rian place crossing guards at the mid block peds. With shows on both sides and street safety. An alternative would be to c ross walk to stop traffic for the Bob, we need to have more discussions. Our desire is to have a large, e x citi ng but low impact events that will attract numbers of people to our town, who will leave after having some fun. If successful, our business community like it, those with homes for sale will have more prospective buyers , the redevelopers will have new people watching the transformation of our main street and our town will have an improved image in the metro area . That is our goal. Please call me and we c n s e up an appointment to iron out more of the details. Doug Cohn 303 -587-2407 2 MEMORANDUM TO: THROUGH: THROUGH: FROM: DATE: SUBJECT: City Council Gary Sears, City Manager Rick Kahin , Director of Public W s Ladd Vostry, Traffic Engineel~fJi<fJ, July 6, 2006 ; I Englewood Days, Broadway Closure (3400 block) Doug Cohn's letter (copy attached), dated July 10, 2006, suggests, as an alternative to closing Broadway, leaving one lane open (the center lane) in each travel direction. He also suggested providing crossing guards to aid pedestrians crossing Broadway in the middle of the 3400 block. After evaluating Mr. Cohn's suggestions , pedestrian safety remains a con cern. A proper separation of vehicular and pedestrian activity must be provided. Th i~ se r ·ation cannot be provided when moving lanes of traffic are adjacent to event functions , and a mid- block pedestrians crossing is permitted. A physical separation would be imperative in providing pedestrian safety adjacent to through vehicular traffic . Warning Lites provided us with a traffic control plan as well as a cost estimate for the necessary safety separation. They advised us that the proper traffic control for these types of closures is to use Type 4 (concrete) barriers to safely separate vehicular and pedestrian traffic ; other governmental agencies concurred . This traffic control option w ould run approx imately $17 ,000 . The cost for traffic control devices to close Broadway will run in the neighborhood of $2,000 to $3,000. Based on these cost comparisons, a full closure of the 3400 block of S . Broadway appears to be the more feasible budgetary option, although raising additional concerns. If the block is closed, the detour route should be re-eval uated to minimize o p erational an d safety impacts on the d eto ur area . Gener al access to the Broad way business area remains a concern . /lw Attach . PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: JULY 10, 2006 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC NAME ADDRESS TOPIC PROCLAMATION WHEREAS , Sister Cities International provides communities an opportunity to connect with other cities across the nation and the w orld through its Sister Cities program; and WHEREAS , the Sister Cities program prov ides man y benefits to its participants, including: • providing opportunities for city officials and citizens to experience and explore other cultures through long-term community partnerships; • creating an atmosphere in which economic and community de v elopment can be implemented and strengthened; and • stimulating environments through which communities can creati vel y learn , work, and solve problems together through reciprocal cultural, educational, municipal, business, professional, and technical exchanges and projects. WHEREAS, The City of Englewood and the City of Belm, Germany ha v e engaged in an informal "sister city" relationship as a result of an exchange program sponsored b y the International City/County Management Association, through which Belm 's Burgermeister (May or/City Manager), Bernhard Wellman, visited the City of Englewood in 2005 , and Engle w ood's City Manager, Gary Sears , will v isit Belm, German y in Jul y, 2006 ; and WHEREAS , through t hese visits , in the spirit of international good will and collaboration, the two communities have forged a relationship that fosters an exchange of ideas and expertise on a v ariety of issues impacting local governments; and WHEREAS , the City of Englewood would like to formalize its relationship with Belm , G e rman y through Sist er Citi es International; N OW, THEREFORE, I, Olga Wolosy n, May or of the City of Engle w ood, Colorado, he reb y p rocl aim the Ci ty of En glewood 's des ire to e nter into a formal Si ster City re lati o nship w ith th e Ci ty o f Seim , G erman y in an effort to c ontinu e a coll abora t ive association that fosters learning and idea exchanges on matte rs impacting the two jurisdictions. GIVEN under my hand and seal this 10111 day of July, 2006. Olga Wolosyn, Mayo r 8a 1,,._) ( RESOLUTION NO. SERIES OF 2006 A RESOLUTION RECOMMENDING ERNIE ARTERBURN FOR REAPPOINTMENT TO THE HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Housing Authority has a commitment to provide housing to low and moderate income families within the City of Englewood ; and WHEREAS , Ernie Arterburn has served as a member of the Englewood Housing Authority ; and WHEREAS, Ernie Arterburn has applied for reappointment to the Englewood Housing Authority for another term ; and WHEREAS , the Mayor desires to reappoint Ernie Arterburn to the Englewood Housing Authority for a term expiring July I , 2011 ; and WHEREAS, the Englewood City Council supports th e May or's appointment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Ernie Arterburn is hereby reappointed to th e Housing Authority for th e City of Englewood, Colorado. Ernie Arterburn 's term will be effective immediate ly and will e x pire July I , 2011. ADOPTED AND APPROVED this I 0th of Jul y, 2006 . ATTEST: Ol ga Wo losy n, May or Lo ucrishia A . E ll is , City C lerk I, Lo uc r is hi a A . Ell is , C ity C le rk fo r th e C ity o f Eng lewood , Colorad o , h e re by certi fy the a bove is a t ru e co py of Reso lut io n No. __ , Se ri es of 2 006 . Lo ucr ish ia A. E ll is , City C lerk Bb RESOLU T ION NO. SERIES OF 2 006 A RESOLUTION APPOINTING MARJORIE BECKER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71 , Series of 1997; and WHEREAS , Marjorie Becker has applied to serve as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS , the Englewood City Council desires to appoint Marjorie Becker to the Englewood Code Enforcement Advisory Committee ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Marjorie Becker is hereby appointed to the Englewood Code Enforcement Advisory Committee. Marjorie Becker's term will be effective immediately and will expire Jul y I , 2008 . ADOPTED AND APPROVED thi s 10th of Jul y, 2006 . ATTEST: Ol ga Wolosyn , Mayor Loucrishia A . Ellis, City C lerk 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. Lo ucris hia A . Ell is , City C lerk 8c ( RESOLUTION NO. SERIES OF 2006 A RESOLUTION REAPPOINTING ERIC BERTOLUZZI TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 1996 ; and WHEREAS, Eric Bertoluzzi has served as a member of the Englewood Cultural Arts Commission; and WHEREAS, the Englewood City Council desires to reappoint Eric Bertoluzzi to the Englewood Cultural Arts Commission for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Eric Bertoluzzi is hereby reappointed to the Englewood Cultural Arts Commission. Eric Bertoluzzi 's term will be effective immediately and will expire July I , 2009 . ADOPTED AND APPROVED this 10th of July , 2006. ATTEST: Olga Wolosyn , Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A . Ellis , City Clerk for the City of Englewood, Co lorado, hereby certify the above is a true copy of Re so lution No. __ , Series of 2006 . Loucrishia A. Ellis , City Clerk 8d RESOLUTION NO. SERIES OF 2006 A RESOLUTION REAPPOINTING BRIAN BLEILE TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71 , Series of 1997 ; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the neighborhood services of the Department of Safety Services; and WHEREAS, the Code Enforcement Advisory Committee makes recommendations to City Council and to the City Manager or his designee for improvements relating to neighborhood services in the City; and WHEREAS, Brian Bleile has served as a member of the Englewood Code Enforcement Advisory Committee ; and WHEREAS , the Englewood City Council desires to reappoint Brian Bleile to another term . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Brian Bleile is hereby reappointed to the Englewood Code Enforcement Advisory Committee. Brian Bleile 's term will be effective immediately with his term to expire July I , 2008. ADOPTED AND APPROVED this 10th of July , 2006 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Elli s, City C le rk for the City of Englewood, Co lorad o , hereby certify the above is a true copy of Resolution No. __ , Series of 2006. Loucrishia A . Elli s , City C lerk Be RESOLUTION NO. SERIES OF 2006 A RESOLUTION APPOINTING BRETT EAST TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification ; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Brett East has applied to serve as a member of the Keep Englewood Beautiful Commission ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Brett East is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. Brett East's term will be effective immediately and will expire February I , 2008. ADOPTED AND APPROVED this 10th of Jul y, 2006 . ATTEST: Olga Wolosyn , Mayor Loucrishia A . Ellis, City C lerk I , Lo ucrishia A . Ellis , City C lerk for the City of Englewood, Co lorado, hereby certify the above is a true copy of Re solution No. __ , Series of 2006. Loucrishia A. Ellis, City Clerk Bf RESOLUTION NO. SERIES OF 2006 A RESOLUTION APPOINTING ERIK FOSTER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71 , Series of 1997· and WHEREAS, Erik Foster has applied to serve as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council desires to appoint Erik Foster to the Englewood Code Enforcement Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Erik Foster is hereby appointed to the Englewood Code Enforcement Advisory Committee. Erik Foster 's term will be effective immediately and will expire July I , 2007. ADOPTED AND APPROVED this 10th of July , 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 . Elli s, City Clerk - 8g RESOLUTION NO. SERIES OF 2006 A RESOLUTION APPOINTING ERIK FOSTER TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Liquor Licensing Authority has been created and has all powers of the local licensing authority as set forth by the State of Colorado to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, to conduct investigations as required by law, and to suspend or revoke such licenses for cause in the manner provided by law; and WHEREAS, there is a vacancy in the Englewood Liquor Licensing Authority ; and WHEREAS, Erik Foster has applied to serve as a member of the Englewood Liquor Licensing Authority; and WHEREAS, the Englewood City Council desires to appoint Erik Foster to the Englewood Liquor Licensing Authority ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Erik Foster is hereby appointed to the Englewood Liquor Licensing Authority. Erik Foster's term will be effective immediately and will expire July I , 2009. ADOPTED AND APPROVED this I 01h of July , 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 . E lli s , City Clerk 8h RESOLUTION NO. SERIES OF 2006 A RESOLUTION REAPPOINTING DOOLEY GEHR TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71 , Series of 1997 ; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the neighborhood services of the Department of Safety Services; and WHEREAS, the Code Enforcement Advisory Committee makes recommendations to City Council and to the City Manager or his designee for improvements relating to neighborhood services in the City ; and WHEREAS, Dooley Gehr has served as a member of the Englewood Code Enforcement Advisory Committee ; and WHEREAS , the Englewood City Council desires to reappoint Dooley Gehr to another term. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Dooley Gehr is hereby reappointed to the Englewood Code Enforcement Advisory Committee. Dooley Gehr's term will be effective immediately with his term to expire July I, 2008. ADOPTED AND APPROVED this I 0th of July , 2006. ATTEST: Olga Wolosyn , Mayor Loucri hia A. Ellis , City Clerk I, Loucrishia A . Elli s, City C lerk for the City of Englewood , Co lorado , he reby certify the above i a true copy of Re olu ti on No. __ , Series of 2006 . Loucri hia A . Ellis , City Clerk 8i RESOLUTION NO. SERIES OF 2006 A RESOLUTION REAPPOINTING DEBORAH GUINTHER TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Alliance For Commerce In Englewood was established by the Englewood City Council with the passage of Ordinance No. 5, Series of2001; and WHEREAS, the Alliance For Commerce In Englewood advises the Englewood City Council , focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, Deborah Guinther is a current member of Alliance For Commerce In Englewood; and WHEREAS, Deborah Guinther's term expired July I , 2006; and WHEREAS, Deborah Guinther has applied for reappointment to the Alliance For Commerce In Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Deborah Guinther is hereby reappointed to Alliance For Commerce In Englewood . Deborah Guinther's term will be effective immediately and will expire July I , 2009. ADOPTED AND APPROVED this I o•h of July , 2006. ATTEST: Olga Wolosyn , Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A . Elli s, City Clerk for the City of En g lewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2006. Loucri hia A . Ellis , City Clerk 8j RESOLUTION NO. SERIES OF 2006 A RESOLUTION REAPPOINTING CHRIS HOAGLAND TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71, Series of 1997 ; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the neighborhood services of the Department of Safety Services; and WHEREAS, the Code Enforcement Advisory Committee makes recommendations to City Council and to the City Manager or his designee for improvements relating to neighborhood services in the City; and WHEREAS, Chris Hoagland has served as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS , the Englewood City Council desires to reappoint Chris Hoagland to another term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Chris Hoagland is hereby reappointed to the Englewood Code Enforcement Advisory Committee. Chris Hoagland's term will be effective immediately with his term to expire July I , 2008. ADOPTED AND APPROVED this 10th of July , 2006. ATTEST: Olga Wolosyn , Mayor Loucrishia A. Elli City Clerk I, Loucri hia A . Elli , City Clerk for the City of Englewood , Colorado, hereby certify the above i a true copy of Re olution No . __ , Serie of 2006. Loucri hia A . Ellis , City Clerk 8k RESOLUTION NO. SERIES OF 2006 A RESOLUTION REAPPOINTING REBECCA LAUGHLIN AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , Rebecca Laughlin is a current member of the Englewood Parks and Recreation Commission ; and WHEREAS , Rebecca Laughlin 's current term e xpires July 1, 2006 ; and WHEREAS, Rebecca Laughlin has applied for reappointment to the Englewood Parks and Recreation Commission ; and WHEREAS, the Englewood City Council desires to reappoint Rebecca Laughlin to the Englewood Parks and Recreation ComrI]ission ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Rebecca Laughlin is hereby reappointe d as a youth member to the Parks and Recreation Commission. Rebecca Laughlin 's term will be effective immediate ly and will e x pire July I , 2007. ADOPTED AND APPROVED this I 0th of July , 2006. ATTEST: Ol ga Wolosy n, Mayor Loucrishia A . Ellis , City C lerk I, Loucrish ia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a tru e co py of Reso lut io n No. __ , Se r ies of 2006 . Loucrishi a A. E lli s , City C le rk 81 RESOLUTION NO. SERIES OF 2006 A RESOLUTION REAPPOINTING R. L. LUNDERS TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Liquor Licensing Authori ty has been created and ha s all po wers of the local licensing authority as set forth by the State of Colorado to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, to conduct investigations as required by law, and to suspend or revoke such licenses for cause in the manner provided by law; and WHEREAS, R . L. Lunders is a current member of the Englewood Liquor Licensing Authority; and WHEREAS, R. L. Lunders current term expires July I , 2006; and WHEREAS, R. L. Lunders has applied for reappointment to the Englewood Liquor Licensing Authority ; and WHEREAS, the Englewood City Council desires to reappoint R. L. Lunders to the Englewood Liquor Licensing Authority ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . R. L. Lunders is hereby reappointed to the Englewood Liquor Licensing Authority . R .L. Lunders ' term will be effective immediately and will e x pire July I , 2009. ADOPTED AND APPROVED this I O'h of Jul y, 2006. ATTEST: Olga Wolosyn, Mayor Loucrishia A . Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk fo r the City of Englewood , Colorado , hereby certify th e above is a true copy of Resolution No. __ , Series of 2006. Loucri hia A. Ellis , City Clerk 8m RESOLUTION NO. SERIES OF 2006 A RESOLUTION REAPPOINTING JANET MOORE TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood Cultural Arts Commission was establi shed by the Englewood City Council with the passage of Ordinance No . 5, Series of 1996 ; and WHEREAS, Janet Moore has served as a member of the Englewood Cultural Arts Commission ; and WHEREAS , the Englewood City Council desires to reappoint Janet Moore to the Englewood Cultural Arts Commission for another term ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Janet Moore is hereby reappointed to the Englewood Cultural Arts Commission . Janet Moore 's term will be effective immediately and will expire Jul y I , 2009. ADOPTED AND APPROV ED this I 0th of Jul y, 2006. ATTEST: Olga Wolosyn , Ma yor Lo uc ris hia A . E lli s, City C le rk I, Loucrishia A. Elli s , City Clerk fo r the C ity of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2006. Loucrishia A. Ellis, City Clerk 8n RESOLUTION NO. SERIES OF 2006 A RESOLUTION REAPPOINTING BRIAN VERBECK TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Alliance For Commerce In Englewood was established by the Englewood City Council with the passage of Ordinance No. 5, Series of2001; and WHEREAS, the Alliance For Commerce In Englewood advises the Englewood City Council , focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, Brian Verbeck is a current member of Alliance For Commerce In Englewood; and WHEREAS, Brian Verbeck 's term expired July I, 2006 ; and WHEREAS, Brian Verbeck has applied for reappointment to the Alliance For Commerce In Englewood; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Brian Verbeck is hereby reappointed to Alliance For Commerce In Englewood. Brian Verbeck's term will be effective immediately and will expire July I , 2009. ADOPTED AND APPROVED this 10111 of July , 2006. ATTEST: Olga Wolosyn, Mayor Loucrishia A . Elli , City Clerk I, Loucrishia A. El li s , City Clerk for the Ci ty of Eng lewood, Colorado, hereby certify the above is a true copy of Re olution No. __ , Series of 2006 . Loucrishia A. Ellis. City C lerk 8p l ( RESOLUTION NO. SERIES OF 2006 A RESOLUTION REAPPOINTING KRISTA NIEDERJOHN AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Krista Niederjohn is a current member of the Englewood Parks and Recreation Commission; and WHEREAS, Krista Niederjohn 's current term expires July I , 2006; and WHEREAS, Krista Niederjohn has applied for reappointment to the Englewood Parks and Recreation Commission; and WHEREAS, the Englewood City Council desires to reappoint Krista Niederjohn to the Englewood Parks and Recreation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Krista Niederjohn is hereby reappointed as a youth member to the Parks and Recreation Commission. Krista Niederjohn's term will be effective immediately and will expire July I, 2007 . ADOPTED AND APPROVED this I 0th of July, 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 Reso luti on No. __ , Series of 20 06 . Loucrishia A. Ellis , City C lerk ( ~ I • COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 10, 2 006 9 a i Q w est Telecommunications Easem ent for L/E WWTP Initiated By: Staff Source: Littleton/Englewood Wastew ater Treatment Ste w art H . Fonda, Director of Utilities Plant Supervisory Committee Mark Van Nostrand, Senior Project Engineer COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Staff recommends Council approval of a Bill for an Ordinance granting a utility easement to Qwest Telecommunications Corporation (Q w est) for installation of a new buried telephone service at 2 900 South Platte Ri v er Driv e (L/E WWTP) and 2 800 South Platte Ri v er Dri ve (Englewood Servicenter). \..~ BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Early in the construction stage for the Phase 2 Expansion Pro j ect, sta ff contacted Qwest regarding the need to relocat t ·1d/or replace the ov erhead telephone servi c e for both facilities that now tra v erses the east side o f the L/E WWfP. Thi s aerial telephone line is in the w ay o f construction activ ities and is v ery vulnerable to disruption from large equipment and trees . Qwest engineers determined th e best reroute projec t feasible and proposed a new alignment for the telephone lines for both 2 800 and 2 900 South Platte Ri v er Dri v e. Thi s new alignment w ould be the least costly alte rnati ve to prov ide the City w ith a more reliable buried telephone cable in conduit along South Pl atte Rive r Dri ve and in fr o nt o f L/E WWTP. Th e maj o ri ty of th e burie d Q west telephone lin e is locat ed wi th in th e rig ht-of-w ay of South Pl atte Ri ve r Dri ve. FINAN CIAL IMPA CT The contract with Qwest for installation of the new conduit and telephone lines has already been approved in the amount of $26,197. This amount is budgeted for within the Phase 2 Expansion Project. There are no direct costs to t he City to grant the easement to Qwest. LIST OF ATTACHMENTS Cit of Littleton Letter regarding Qwest Telephone Easement at the L/E WWfP Bill for an Ordinance Easement document with attachments Drawings showing easement location Cityo/Llttleton City Attorney 2255 West Berry Avenue Littleton, Colorado 80165 303-795-3 725 FAX 303-795-3818 June 21, 2006 Nancy Reid Assistant City Attorney Englewood City Hall 1000 Englewood Parkway Englewood, Colorado 80110 Re : Qwest Telephone Easement at the Littleton/Englewood Wastewater Treatment Plant Dear Nancy: At the Littleton City Council meeting last night, City Council considered the easement request from Qwest as described in your recent correspondence of June 12, 2006 and had no objection to the City of Englewood granting the easement to Qwest. Please let me know if you need anything further . urs, Larry W . B rkowitz City Attorney ·J ! ;.:; ' .· .,. ( ORDINANCE NO. SERIES OF 2006 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE GRANTING A UTILITY EASEMENT TO QWEST TELECOMMUNICATIONS CORPORATION (QWEST) FOR INSTALLATION OF A BURIED TELEPHONE SERVICE AT 2900 SOUTH PLATTE RIVER DRIVE (LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT) AND 2800 SOUTH PLA TIE RIVER DRIVE (ENGLEWOOD SERVICENTER). WHEREAS, early in the construction stage for the Phase 2 Expansion Project at the Littleton/Englewood Wastewater Treatment Plant, Qwest was contacted regarding the need to relocate and or replace the overhead telephone service for both facilities that now traverses the east side of the LIE WWTP ; and WHEREAS , the aerial telephone line is in the way of construction activities and is very vulnerable to disruption from large equipment and trees; and ; and WHEREAS, Qwest engineers determined the best feasible route and proposed a new alignment for the telephone lines for both 2800 (Englewood Servicenter) and 2900 (LIE WWTP) South Platte River Drive WHEREAS , the majority of the buried Qwest telephone line easement is located within the Right-of-Way of South Platte River Drive and belongs to the City of Englewood; and WHEREAS , the passage of this Ordinance authorizes a utility easement to Qwest Telecommunications Corporation to accommodate the Phase 2 Expansion Project for installation of a buried telephone service at 2900 S. Platte River Drive (LIE WWTP) and 2800 S . Platte River Drive (Englewood Servicenter); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I . The Qwest Telecommunications Utility Easement from the City of Englewood to the Qwest Telecommunications, attached hereto as "Exhibit A ", is hereby accepted and approved by the Eng le wood City Counci I. Section 2. The Mayor is authorized to execute and the City Clerk to attest and sea l the Qwest Telecommunications Utility Easement for and on behalf of the City of nglewood , Co lorado . Introduced , read in full , and passed on first reading on the I O'h day of July , 2006 . -1- Published as a Bill for an Ordinance on the 14th day of July , 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 I 0th day of July , 2006. Loucrishia A . Ellis -2- R ECORDING INFORMATION ABOVE EASEMENT AGREEMENT Government Body The undersigned ("Grantor") for and in cons iderat ion of $10 .00 {Ten Dollars) and other good and valuable consideration, the receipt of which is hereby acknowledged , does hereby grant and convey unto QWEST CORPORATION, a Colorado corporation ("Grantee"), whose address is 1801 California St., Suite 5200, Denver, CO 80202, and its successors, assigns , affiliates, lessees, licensees, and agents, a perpetual non-exclusive easement to construct, modify, add to, maintain , and remove such telecommunications facilities, electrical and gas facilities , and other appurtenances, from time to time, as Grantee may require upon , over, under and across the follow ing described property situated in the County of Arapahoe, State of Colorado , which Grantor owns or in which Grantor has an interest ("Easement Area"), to wit: An easement which is d es cribed in its entirety on EXHIBIT "A" w hich is attached hereto and by this reference made a part hereof, all of which is situated in the NE 1,'4 of Section 33 , Township i ~. Range 68 W, of the 61h P .M. Grantor further conveys to Grantee the right of ingress and egress to and from the Easement Area during all periods of construction, maintenance, installation , reinforcement, repair and removal over and across Grantor's lands with the right to clear and keep cleared all trees and other obstructions as may be necessary for Grantee 's use and enjoyment of the Easement Area. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and pr ivileges herein granted . Grantee shall have no re spons ib ility fo r en vironmental contamination, w hich is e ither pre-exi stin g or not cau se d by Grantee . Grantor reserves the right to occupy, use and cultivate the Easement A rea for a ll purposes not inconsistent with the rights herein granted. Grantor covenants that Grantor is the fee simple owner of the Easement Area or has an interest in the Ease ment Area. Grantor will warrant and defend title to the Easement Area against all claims. Grantor hereby covenants that no excavation, structure or obstruction wi ll be constructed, or permitted on the Easement Area and no change will be made by grading or otherwise that would adversely affect Grantee's use and enjoyment of the Easement Area. The rights , conditions and provisions of this Agreement shall run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns . R/W# _____ _ Page 1 of 2 Initials ____ _ E X H I B I T A RECORDING INFORMATION ABOVE Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arb itration shall be conducted in the county where the Easement Area is situated. Government Easement Attest ___________ _ Loucrishia' A. Ellis City Clerk [CORPORA TE SEAL] STATE OF -------- COUNTY OF ______ _ ) ) ss : ) GRANTOR: CITY OF ENGLEWOOD (Official name of Government Body) By: ____________ _ Name: -,,....,,.------,,..,........,,---------01 g a Wolosyn Title : Mayor T he fo re going instrument was acknowledged before me this ___ day of ______ _ 2006 , by as--------------of ________________________ _ Witness my hand a nd official seal: [NOTARY SEAL) Nota ry Publi c My co m mission ex pires: -------- R/W# Job # C520178 Exchange ENWDOCMA Cou nty ARAPAHOE l/4 cction NE Section R Township 4 S Range 68 W Page 2 of 2 ( UTILITY EASEMENT 3107-UTIL-3.doc 05.26.06 SHEET 1 OF2 A 10.00 FOOT WIDE UTILITY EASEMENT, BEING A PORTION OF LOT 2 OF PLATTE RIVER SUBDIVISION RECORDED AT RECEPTION NO. 85165918, PLAT BOOK 304, PAGES 4 AND 5 OF THE ARAPAHOE COUNTY PUBLIC RECORDS , LOCATED IN THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH P.M, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: ALL BEARINGS CONTAINED HEREIN ARE BASED UPON THE ASSUMPTION THAT THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 33 , BEARS N 88°03'15" W, AND MONUMENTED AS FOLLOWS: -THE NORTH QUARTER CORNER OF SECTION 33 BEING A FOUND 2" BRASS CAP STAMPED C&C OF DENVER. -THE NORTHEAST CORNER OF SECTION 33 BEING A FOUND 3.25" ALUM CAP LS 22571 . COMMENCING AT SAID NORTH QUARTER CORNER OF SECTION 33; THENCE S 34°06'05" E, A DISTANCE OF 1,197.08 FEET TO THE NORTHWEST CORNER OF SAID LOT 2, PLATTE RIVER SUBDIVISION AND THE POINT OF BEGINNING; THENCE S 87°5 8'48" EALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 10 .01 FEET; THENCE S 00°24'12" E ALONG A LINE 10.00 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF SAID LOT 2, A DISTANCE OF 176 .00 FEET; THENCE S 89°35'48" W, A DISTANCE OF 10.00 FEET TO A POINT ON THE WESTERLY LINE OF SAIDLOT2; THENCE N 00°24'12 " W ALONG THE WESTERLY LINE OF SAID LOT 2 , A DISTANCE OF 176 .42 FEET TO THE POINT OF BEGINNING ; CONTAINING 1,762 SQUARE FEET OR 0 .0404 ACRES, MORE OR LESS . I, CHRISTOPHER H. McELVAIN, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. CHRISTOPHER H . McEL VAIN PROFESSIONAL LAND SURVEYOR COLORADO REGISTRA TION NO . 36561 FOR AND ON BEHALF OF JeHN ENGINEERING, INC . 5855 WADSWORTH BYPASS #A -100 ARVADA, CO . 80003 J :\1545\203-107\EXHIBITS\EASEMENTS\3107-UTIL-3 .DOC • X H I • I T A EXHIBIT SHEET 2 OF 2 PQINJ PE CANNfNCQQJ l NORTH 1/4 SEC . .3.3 WITNESS CORNER T4S, R68W, 6TH PM NE COR, W1/2, NE F"O . 2" BRASS CAP, STAMPED BASIS OF BEARINGS 1/4, SEC .3.3 C&C OF DENVER N 881l.3'lS" W 263'4 36 , HS, R6BW, 6TH~PM ---A. NO!~ LINE OF THE NE 1/'4 OF SEC . .3.3 ~08~· AL CAP, LS • ~-1.317.18r----------~----1,.3_17_.1_a __ l\..-L] .. NE COR, W1/2, NE 1/'4, SEC 33 -1, · T'4S, R6BW, 6TH PM o. FAL+S IN RIVER 6=23"47'01" R=761 .96' L=316.29' CB=N 57"47'19 " E CD=314.02' 6=46"18'00" R=323.69' L=261 .57' CB=N 22·44'.49• E CD=254.51' LOT1 NE COR , SEC 33 I T4S, R68W, 6TH PM I FD . 3 .25" AC LS 22571 I I :g I J. I /ij ,J I Ill ,Iii.._ I l wO 31':• I ..,, I j;~ /:: i 1..; l:; I r1' ______ J DETAIL I SCALE : 1" = 40' I :~-----~~--------- PQINJ PE 11£(1NMNQ / I P.0 .8. S 87"58'48" E 10.01' I _____________ _J 1 O' UTILITY EASEMENT SEE DETAIL LOT2 PLATTE RIVER SUBDIVISION 85165918, BOOK 304, PAGES 4 & 5 . O' 200' ~---SCALE 1" -200' NOll:: lHIS IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT. NO MONUMENTS v.t:RE SET FOR lHE PREPARATION 0, lHE ATTACHED LEGAL DESCRIPTION . LOCATION : 10' UTILITY EASEMENT 1,762 S.F. 0 .0404 ACRES ------ . °N . ~ -:..--:.-.. ~ f'l . 8 8 .. z . (/) S 89'35'48" W 10.00' UTILITY EASEMENT JiHN EN GINEERING JI LOCA 'TED IN lliE NORlliEAST QUAR'TER Of' SECTION 33, TO~SHIP 4 SOU'Tli, RANGE 88 WEST OF lliE 61H P .M. ORDINANCE NO. SERI ES OF 2 006 BY AUTHORI T Y COUNCIL BILL NO . 7 rNTROD UCED BY C O UNC IL MEMBER WOODWARD AN ORDINANCE AUTHORIZING ENTERING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE SOUTH ARAPAHOE SANITATION DISTRICT , SOUTHGATE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD PERTAINING TO REIMBURSEMENT OF OVER CHARGED SANITATION FEES BY SOUTH ARAPAHOE SANITATION DISTRICT TO THE SOUTHGATE SANITATION DISTRICT CUSTOMERS . WHEREAS, the City of Englewood Utilities Department has connector agreements with the South Arapahoe Sanitation District and Southgate Sanitation District ; and WHEREAS , as part of those agreements the Ci ty bills customers for the Districts ' annual maintenance fee s along with the City 's treatm e nt fe es and remits the mai'ntenan c e fees to the Districts ; and WHEREAS , sev eral houses on the border betw een the districts w ere incorrectl y des ig nated and billed for South Arapahoe Sanitation Di strict fee s in stead of the Southgate Sanitation Di s trict fees; and WH E REAS , the City of En g le w ood , South Arapah o e Sanitation Di strict and Southgate Sanitation Di strict have reached an a g reement w hereby the charge s collected for South Arapahoe Sanitation Di strict are to be refunded by South Arapahoe Sanitation District to the South g ate Sanitation District custom ers , with interest ; and WH EREAS , South Arapahoe Sanitation Di strict will deposit the fund s w ith the City and the C ity, as the billin g party, w ill administer the refund process; NOW, TH E RE FORE, BE IT ORDAINED BY THE CITY CO UNCIL OF TH E C ITY OF ENGLEWOOD , C OLORADO, AS FOLLOWS : Sect io n I . Th e City Co un c il of th e C ity o f Eng lewood , Colorad o he re by a ut ho ri zes entering into an Intergovernmental Agreement between the South Arapahoe Sanitation District, Southgate Sanitation District and the City of Englewood pertaining to the reimbursement of over charged Sanitation Fees by South Arapahoe Sanitation District to the Southgate Sanitation Distric t customers, attached hereto as Attachment I, a copy of Exhibit A to t he Agree me nt is ava il able in t he Office of the En g lewood City Clerk. Section 2. T he Mayor is a uth o r ize d to execu te a nd th e City C le rk to attest a nd sea l th e Intergovernmental Agreement for and on beha lf of t he City of Eng lewood , Co lorado. Introduced , read in full, and passed on first reading o n the 19 th day of June, 2006. 9 bi Published as a Bill for an Ordinance on the 23rd day of June, 2006. Read by title and passed on final reading on the I 0th da y of Jul y, 2006 . Published by title as Ordinance No._, Series of 2006, on th e 14th day of Jul y, 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 AGREEMENT THIS AGREEMENT entered into with an effective date of April 17 , 2006, by and between the SOUTH ARAPAHOE SANITATION DISTRICT, a Colorado special district (hereinafter "SASD"), the CITY OF ENGLEWOOD, a Colorado municipal corporation (hereinafter the "City"), and SOUTHGATE SANITATION DISTRICT, a Colorado special district (hereinafter "Southgate") ( collectively, the "Parties"). WITNESSETH: WHEREAS, SASD and the City have an arrangement whereby the City bills and collects SASD annual customer service charges, and remits the collected amounts to SASD at specified times throughout the year; and WHEREAS, the City has, from the years 1994 through 2005, inclusive, inadvertently collected SASD service charges from the residential properties listed on the attached Exhibit A (the "Properties") which are not located within SASD's boundaries, and are in fact located within the Southgate Sanitation District ("Southgate"); and WHEREAS, the City has a similar arrangement for the billing and collection of Southgate's annual service charges, and has not billed or collected the Southgate charges from the Properties; and · WHEREAS, Southgate's annual serv,ice charge is considerably less that SASD's service charge because SASD does not have an ad valorem tax and relies on the service charge for its operating revenue, with the result that the owners of the Properties have been substantially overcharged for sewer services during the time above-referenced; and WHEREAS, the Parties wish to resolve this matter so that a) the owners of the Properties are refunded the amounts overcharged, b) Southgate is reimbursed for its uncollected service charges from the Properties, and c) any remaining funds are utilized for the benefit of customers of Southgate; and WHEREAS, SASD has calculated the amount of the refund due the owners of each of the Properties and to Southgate, and in total , including interest based upon the rates earned by SASD on the overcharges during the times in question, which amounts are also included in the attached Exhibit A; and WHEREAS, the City and Southgate have reviewed Exhibit A and consulted their own records and agree that SASD's calculations are accurate and based upon appropriate assumptions and principles . NOW, THEREFORE, in consideration of the facts set forth above and the mutual covenants , terms , and conditions set forth below , the Parties to this Agreement agree as follows: Page 1 of 5 A t t a C h rn e n t 1 1. SASD to Pay Southgate: SASD has delivered a check to Southgate on or about April 18, 2006, in the amount of four thousand, eight hund r ed fifty-eight and ninety-seven one - hundredths dollars ($4 ,858 .97) in full and final settlement of all amount s due Southgate in connection with this matter. 2. SASD to Deposit Funds: SASD has delivered a check to the City on or about April 18, 2006, in the amount of fifty -one thousand, five hundred fifty-seven and twenty-one one hundredths dollars ($51 ,557 .2 1), repr esenting the total amount to be r efunded to the owners of the Properties, incJuding interest thereon through Apr il 17, 2006 (the "Funds"), in trust, to be disbursed by the City in accordance with the terms hereof. 3. City to Implement Reimbursement: SubJect to the terms and conditions set forth in this Agreement, the City shall, at its own sole cost and expense, implement and administer all aspects of the disbursement of the Funds to the owners of the Properties. Such implementation and administration shall include without limitation the following duties and tasks: a. Detem1ination of the correct allocation of the refund due for each of the Properties among the curr ent and former owners thereof. b. Individual, direct notification to all current and past owners of any of the Properties at the last known service and/or billing address of each owner within the time period set forth above that the Funds are available and the procedure and requirements to obtain reimbursement, including appropriate proof of ownership and the initial date of ownership. The City shall have no obligation to search for or otherwise determine the current mailing address of any former owner of any of the Properties . c. Publication of such notice by any reasonable means. It is agreed that publication will be the only means of notification of former owners of any of the Properties, other than mailing to the last known address as above provided. d . Determination of an appropriate reimbursement protocol, including w ithout limitation provision for obtaining a release of claiins for the protection of the City and SAS D pr ior t o the is s uance of an y ch eck or. other d is burs ement of ani F u n d s . Su ch protocol shall be submitted to and approve d by SASD and Southgate prior to implementation. e. Disbursement of Funqs in accordance with the approved protocol. f. Maintenance of accounts showing the disposition of the Funds, and reporting the status of th e accounts to SAS D and Southgate no less often than monthly. g. Keeping SASD and Southgate apprised of any issues and concerns that arise during the implementation of the reimbursement protocol , or in connection with the City 's duties hereunder. Page 2 o f 5 4 . Additional Interest: Immediately upon receipt of the Funds, the City shall deposit and hold the Funds in an interest-bear ing account and a proportionate share of the interest earned thereon shall be added to the amount of each reimbursement check paid pursuant to this Agreement, as of the date of such check. 5. Termination of Reimbursement Program and Disposition of Undistributed Funds: The City shall hold the Funds and reimburse eligible parties pursuant to the approved reimbursement protocol until a date one year from the date of publication of notice as provided in subsection 3 .c . above, after which time the City shall turn over any remaining funds to the State of Colorado in accordance with the provisions of the Unclaimed Prope1ty Act, C.R.S. § 38- 13-101, et seq . 6. Enforcement/RemediesNenue: The terms and conditions of this Agreement may be enforced through judicial action brought in a court of competent jurisdiction. Available remedies include specific performance, although the respective Parties each expressly waive any right to consequential, exemplary or punitive damages against the other Parties individually and collectively. The prevailing party to any judicial action brought shall be entitled to recover reasonable attorney's fees and court costs from the other party. Venue for any judicial action shall be exclusively in District Court for Arapahoe County, Colorado . 7. Settlement of Claims : Through the Parties' performance of the terms set fmth herein, all claims any Party may have against any other Party with respect to the overcharge of the Properties and the fa ilure to collect and remit Southgate's sewer charge are hereby stipulated to be settled, and each Party agrees hereby to release, acquit, and forever di scharge any and all such claims upon full and faithful performance of the terms of this Agreement. 8. Parties' Liabilities: Nothing in this Agreement shall be construed or interpreted as a waiver of any provision of the Colorado Goverrunental Immunity Act, sections 24-10-101 et seq., of the Colorado Revised Statutes. 9. Integration; Amendments: TI1is Agreement is intended as the complete integ ration of all understandings between the Parties. No prior or contemporaneous addition, deletion or other an1endment hereto shall have any force or effect whatsoever, unless embodied h erein in writing . N o subsequent addit ion , deletion, or other amendment h ereto shall have any force or effect unless embo di ed in a written am end atory agreement e·xecuted by the Parties . 10 . T hi rd-Pa rty Benefi ci ary: It is the intent of the Parties that no third party beneficiary interest is created in this Agreement, and specifically that no former or current owner of any of the Properties shall have standing to enforce this Agreement. 11. F inancial Obli gations : Notwith stan di ng the fact that the City's performance obligations will persist through more than one fiscal year, al l of the costs except in cidental bookkeeping and administrative costs are antici p ated to be complete within 2 00 6. This Agreement is not intended to create a multiple-fiscal year direct or ind irect d e bt or financial ob ligation of any Party . Page 3 of 5 12 . No Personal Liability : No elected official, director, officer, agent or employee of the City nor any elected official, director, officer, or agent of SASD or Southgate shall be charged personally or held contractually liable by or to any other party w1der any term or provision of this Agreement or because of any breach thereof or because of its or their execution, approval or attempted execution of this Agreement. 13. Paragraph Headings : The paragraph headings are inserted herein only as a matter of convenience and for reference and in no way are intended to be a part of this Agreement or to define, limit or describe the scope or intent of this Agreement or the particular paragraphs hereof to which they refer. 14. Legal Authority: The persons signing and executing this Agreement on behalf of each of the Parties, do hereby state and affirm that they have been fully authorized to execute this Agreement on behalf of the Party they represent, and to validly and legally bind the Party they represent, to all the terms, performances, and provisions herein set fo1th. · 15. Counterparts: This Agreement may be executed in three (3) counterparts, each of which shall be deemed to be an original, but all of which shall together constitute one and the same document. [The remainder of the page deliberately left blank. Signature block starts on next page.] Page 4 of 5 / ( IN WITNESS WHEREOF, each of the Parties has executed this Agreement to be effective on the date above written. ATTEST: Paul Schwarzweller Title: Secretary ATTEST: By: __________ _ City Clerk -Loucrishia A. Ellis ATTEST: Title: ---------- G :SASD :060206-SASD ENG !GA SOUTH ARAPAHOE SANITATION DISTRICT By : ___________ _ Steven Daldegan President, Board of Directors CITY OF ENGLEWOOD By:------------- Mayor -Olga Wolosyn SOUTHGATE SANITATION DISTRICT By: _________ _ President, Board of Directors Page 5 of 5 0 Ac-......., Hause I Dhwctlon 115040nm n42 s 3uoc,n520 nsz s 115040n110 115040m12 3 15040n723 115040n114 3 1504077a25 315040ffl1' 315DJD77- 315DJll78Jl7 315DJll71411 315112078521 315ZJD771139 ,15Z3Dn141 315Z31177115 31SZJD77ZJ2 315ZJD77- 3 I 5Z311774IIO 3152311m340 31~ 31~5 315Zl08111311 l 1543D770S3 3154311771'& 315431177257 315431177261 3154311774&1 315400711311 --5 -54712 -55371 -11054Jll7 -110- lll330527IIO -31152113 31m3DS3317 -l11D1S4ll5 -- n61 n11 7772 n11 n82 net nm 7831 7141 7852 nm n14 n18 n23 nll n48 8034 8D6l -8093 nos n1& nzs n26 n• 7820 5436 5471 5537 5420 5440 5271 5216 5338 Sl9I 540I 542!1 s s s s s s s s s s s s s s s s s s s s s s s s s s E E E E E E E E E E E StrNI Glencoe Glencoa Glencoe otena,e ------Glencoe Glencoe 0,.- G,- Gr.- Or- 0..- 0..- Or- ~ 0,.- 0..- Hudson -H- Hudsan H- Hvdson Unu Unu Unu ~ ~ ------ ~San-charpc1Soulh ~-F- Poot Dir Cl CL Cl Cl CL Cl Cl CL Way Way w., Way Cl. CL CL Cl CL Cl CL Cl CL CL CL Cl Cl. CL Cl. SL Cr. Cr. Cr. Pl. Pl Cr. Cr. Cr. Cr. Cr . er. s $ 3 .12% 2005 92.311 $ 82.12 S $ s $ s s s S 82.12 $ 124.54 S 82.12 s 82.12 s $ 111 .46 82.12 $ 82.12 S $ 82.12 $ S 82.12 S S 82.12 $ S 82.12 S $ 131 .12 $ $ 85.23 S S 98.37 S $ 11 5.45 $ S 82.12 S $ 82.12 $ S 82.12 $ S 82.12 $ $ 115.45 $ S 85.23 S S 82.12 S $ 150.07 S s s S 82.12 S 1.30'11, 200-4 71 .41 $ 71.41 $ 71.41 S 95 .31 $ 71 .41 $ 72.81 S 95 .31 S 71.41 S 71 .41 $ 71.41 $ 71.41 $ 71.41 $ 71 .41 S 71 .41 $ 71.41 S 71.41 $ 123.34 $ 71.41 $ 71 .41 $ 71 .41 $ 71.41 $ 128.95 $ 71 .41 $ 71 .41 S 118 .70 $ 71.41 $ 71.41 $ SOUTH ARAPAHOE SANITATION DISTRICT Soulhgele Properties Clmged by Englewood 1.10% 1.76'11, 2003 2002 62.58 $ 52.15 S 62 .58 S 52 .15 $ 62.58 S 52.15 S 98.26 S 69.60 S 62.58 $ 52.15 $ 78 .60 $ 52.15 $ 93.35 $ 85.97 S 62.58 $ 52.15 $ 62.58 S 62.58 $ 62 .58 S 73.811 S 13.51 S 117.91 $ 73.&9 S 63.116 S 62.58 S 62.58 $ 62.58 S 78.60 S 62.58 S 98.26 $ 63.116 $ 18.88 S 132.&4 $ 62.58 $ 63.116 S 52.15 S 57.32 $ Sl.22 $ 61 .40 S 111.40 S 811.25 S 115.50 S 68.60 $ n .11 s 52.15 S 52.15 $ 15.87 S 52.15 S n .79 s 52. 15 $ 73.59 S 106.44 S 52. 15 S 52.15 S 3 .95'11, 2001 43.05 S 48.79 $ 36.56 S 48.79 S 37.31 $ 36.56 $ 74.62 $ 36.56 $ 36.56 $ 54.53 S 36.56 $ 43.05 $ 51.66 $ 51.66 S 45.92 S 45.92 $ 63.14 $ 37.31 S 37.31 $ 54 .53 S 36.56 $ 45.92 $ 38.56 $ 43.05 $ 611 .81 $ 36.56 $ 36.56 S Aver-lnlw•I Rales: 6 .06'11, 2000 39.48 $ 43.43 $ 38.48 S 55.n s 52.66 $ 39.48 $ 61 .97 S 39.48 S 39.48 S 39.48 $ 46.46 $ 49.56 $ 48.48 $ 58.117 S 40.33 S 49.56 $ 71 .211 $ 43.43 $ 55.n s 55.n s 46.46 S 40.33 $ 39.48 S 52.66 $ 74.38 $ 38.48 $ 39.48 $ 4 .86% 1999 30.26 $ 30.26 $ 27 .59 S 32.42 $ 311.90 S 32.42 $ 49.72 ~ 27 .59 $ 27 .59 S 27 .59 S 32.42 S 30.26 S 36.75 S 32.42 $ 32.42 $ 36.75 $ 311 .90 S 30.26 S 34.511 S 45.40 $ 27 .59 S 32.42 S 27.59 S 34.511 S 114 .30 S 27.59 S 311 .90 S 5.24% 1991 211.14 $ 311 .90 $ 27.58 S 211 .14 $ 45 .40 $ 32.42 S 32.42 $ 27 .59 S 27.58 S 27.59 S 27.59 S 27.59 $ 27.59 $ 32.42 $ 32.42 S 34.58 $ 34.511 $ 30.26 S 30.26 $ 62.119 S 27 .58 S 32.42 S 27.59 S 30.26 S 27.59 S 27.59 S 27.58 S 5.29'11, 1197 27 .59 S 41.07 $ 32.42 S 211 .14 $ 43.23 S 32.42 S 41 .07 $ 27 .59 S 27.58 S 27 .59 S 27 .59 S 27.59 S 28 .14 $ 211 .14 $ 30.211 S 34 .58 $ 32.42 $ 27 .59 S 51.117 S 45.40 S 34 .511 S 28.14 $ 27 .59 S 30.211 $ 27 .59 S 27 .59 S 36.75 S 5.10% 1HI 25.1111 S 37.95 $ 31 .05 $ 27.60 S 311 .611 $ 21.97 S 27 .liO S 21 .97 S 21.97 S 21 .97 $ 21.97 S 22.43 S 21 .97 S 21 .97 S 34 .50 S 22.43 S 25.1111 $ 21 .97 $ 36.23 S 34.50 S 21 .97 $ 22.43 $ 21 .97 $ 27.60 S 21.97 S 21 .97 $ 21 .17 S 5.54% 1115 29.57 $ 37 .14 S 2!1 .57 S 48.75 $ 29 .57 $ 29.57 $ 41 .78 $ 39 .48 S 2!1 .57 $ 32 .50 $ 30 .18 $ 37 .1 4 $ 2ll .57 $ 41.78 $ 39.46 $ 29 .57 S 30 .18 $ 2!1 .57 $ 29 .57 S 44 .11 $ 21 .97 $ 41.711 $ 27.59 $ 32 .50 $ 29 .57 $ 30 .111 $ 29 .57 $ EXHIBIT A -. ·~){', . ~.1o 1~-1 .~, .··1o1~~ ~ t ~~l~ I .\::, ••~ 37.14 $\h~1 •a1 t !/(, ,: .... 27.59 34.82 29.57 37.14 32.50 ........ :·-··; .Dt.a. /:t:· ':':en $ 82.12 S 71.41 S 13.52 S 1111.liO S 36.56 $ 39.48 S 27.59 S 27 .59 S 27 .58 S 21.97 S 29.57 $ 29.57 ·r;,-~: . &ti . .._., s s s s s s s s s $ s $ 73 .84 S S 73.84 S $ 73.84 $ 61.92 $ 61 .92 $ 61.92 S 53.22 S 52.15 $ 52.15 S 36.58 $ 36.56 $ 36.56 $ 47 .38 $ 47 .311 S 47 .38 S 27.59 S 27.59 $ 27.59 $ 32.42 $ 32.42 $ 27.59 $ 34.511 $ 28.14 $ 27 .59 S 21 .97 S 21 .97 $ 21 .97 $ 29 .57 $ 32.50 S 29 .57 $ $ 128.17 $ 136.11 $ 122.82 $ 66.01 $ 85.53 $ 27.59 $ 28.14 S 27 .59 S 34.50 S 39 .48 $ 53 .39 $ 74.25 $ 611 .05 $ 52.15 $ 36.56 S 47.311 $ 27.59 $ 30.26 $ 211 .14 S 25.111 $ 37 .14 $ 29.57 s s s s s s 74 .25 S 81 .56 $ 75.n s 74.25 S 73.84 S 74 .25 $ 63.20 $ 87.23 S 106.95 $ 61.92 $ n .1a s 63.20 $ 53.22 S 52.15 S 73.&9 S 53.22 S 69.60 $ 57.32 S 36.56 $ 43 .05 S 43.05 S 36.58 S 40.18 $ 63.14 $ Pagel of& 47 .311 $ 63.20 S 55.75 S 52.11 S 74 .36 $ 74.36 $ 27.59 $ 311 .90 S 32.42 $ 27.59 $ 28.14 $ 43.23 $ 27 .59 $ 27 .59 $ 41 .07 $ 32.42 $ 27.59 S 45.40 $ 27 .59 S 30 .26 $ 34 .511 $ 27.59 S 27 .59 S 30.26 $ 21 .97 $ 22.43 $ 31 .05 S 21 .87 $ 21 .97 S 31 .05 $ 29 .57 S 37 .14 $ 44 .11 $ 29 .57 $ 30.18 $ 44 .11 $ 29.57 39.411 30.111 29.57 32.50 29.57 ·,:·:ia6.I' ":·,,,·311· t:.::: lilt.ii· .:;E ''12i1i, ····~· ',:-.:ff :,11,.41 4IB/2D06 -~ ~ "~. -· ! SOUTH ARAPAHOE SANITATION DISTRICT Soulhgale Properties Chatged by Englewood lnle rut Ellffllnga : Ac--· -· • Dlrectlcn Sir-' P...t Dir 1194 1995 199& 1997 1991 19911 2000 2001 2002 2003 2004 2005 2006 31 5040n 421 n 42 s Glencoe Ct 0 .49 2 .17 3.34 4.86 6 .34 7 .42 11.63 9 .49 5 .14 3.85 5 .42 15.65 6.96 :s1 5040n5211 n52 s Olenc:oa Cl 0 .81 3 .35 4.98 7 .34 9 .57 10.85 16.24 12.86 6 .75 4 .87 6 .63 18.47 8.05 315040n110 n s 1 s Glenc:oa Ct 0 .50 2.21 3 .50 5 .31 6.92 7 .91 12.19 9.75 5.20 3 .89 5.46 15.61 s.aa ,1-m12 n n s -Ct 0 .72 3 .40 5 .0II 6 .82 8.40 9 .49 14 .90 12.19 6.59 5.06 7.25 21.02 9.36 31 51M0 77723 7712 s -Ct o ... 9 2 .17 3 .61 &.03 8.43 10 .11 15.82 12.53 6.49 4.71 6 .4-4 18.00 7.1111 :s1 !1MOna ,4 77 1 1 s -Cl 0 .54 2.34 3 .40 4.95 6 .87 7 .91 12.34 9 .115 5.25 4 .01 5.72 16.25 7 .15 31 -77825 n u s -Cl 0 .7 6 3 .34 4.114 6 .90 8 .94 10.54 17 .01 14.28 7.93 5.97 8 .31 23 .40 10.28 31 504077116 7711 s -Ct. 0 .50 2 .411 3 .IIO 5 .25 6 .74 7 .73 11 .96 9.59 5.13 3 .114 5.41 15 .47 6.112 31 50211n.l n111 s -Way 0 .411 2.17 3.24 ... 64 6 .10 7 .11 11 .14 9 .03 07 3.611 5.21 14 .99 6 .63 31 5021171317 7831 s -Way 0 ... 11 2.25 3 .39 ... 111 6 .211 7.28 11 .37 9 .54 5 .31 3 .911 5.511 15.119 7.00 31 5112117M 19 7841 s -Way 0 .7 2 2.119 3 .95 5.-42 6 .111 11.02 12 .119 10.24 5.4-4 4.0.. 5 .65 16.06 7.07 31 5021171521 7852 s -Way o ... 9 2.311 3 .65 5.11 6 .511 7 .65 12.23 10.11 5.51 4.20 5.90 16.611 7.32 31 5Zlll710ll 7703 s Gr.-Ct 0 .411 2.17 3 .24 ... 86 6 .13 7.36 11 .97 10.04 5 .55 4.211 6 .06 17.07 7 .411 :S 15Zlll77 14 1 7714 s Or.-Cl 0 .49 2.51 3 .119 5.37 6 .911 11.22 13.34 11.23 6 .43 5 .22 7 .42 21 .15 9.46 3 15Zlll77115 77111 s ~ Cl 0 .59 2.75 4 .37 6 .29 8 .02 9.22 1 ... 09 11.211 6.10 4 .59 6 .311 17 .118 7.13 31 5Zlll77232 7723 s Or-Cl 0 .76 3 .00 4 .06 5 .74 7 .61 11.911 14.19 11 .51 6 .25 4 .66 6 .39 18.13 1.02 31 5Zlll7738 n:,a s ~ Ct 0 .67 2.75 3 .112 5.62 7 .43 11.86 14 .75 12.611 7.02 5.18 7 .35 21 .55 9 .52 31 5Zlll7741D n• s ~ Ct 0 .59 2.47 3 .53 ... 96 6 .50 7 .64 12.03 9 .73 5.20 3 .119 5.46 15 .61 6.88 3 15Zllll0340 11134 s Gr .. Ct 0 .49 2.17 3.60 6.07 8 .31 9 .51 1<4 .99 12.02 6.26 4 .56 6.26 17 .56 7 .611 31~ ~ s Or.-Ct 0 .49 2.57 4 .33 6.&5 9 .59 11 .82 18.37 14.69 7 .94 5.90 7 .97 21.73 9.31 31 5230IDl45 -s Or .. Ct 0 .34 1.53 2.41 3 .93 5.54 6 .57 10 .64 8 .12 4 .71 3 .62 5 .14 14.81 6.511 :S 15230e930 80l3 s Or.-Ct 0 .63 2.94 4 .32 5 .15 7 .50 8 .72 13.42 10.80 6 .00 4.73 7 .08 20.97 9.29 3 15430no53 nos s Hudoon Ct 0 ... 5 2.00 3 .02 ... 41 5.15 6 .87 10 .83 8 .81 ... n 3 .62 5.15 14.119 6 .61 3 1543077166 7716 s -Cl 0 .59 2 .55 3 .13 5 .51 7.15 11.37 13.41 10.98 6 .02 4.511 6 .31 17 .17 7.72 31543077257 7725 s -Ct 0 .49 2.17 3 .24 4.114 6 .10 1 .49 15.77 13.56 7.73 6 .18 8.77 25 .04 11 .17 3 154307728 7726 s -Ct 0 .63 2.62 3 .69 5 .14 6 .61 7 .62 11 .IO 9 .48 5.0II 3 .11 5.37 14.17 5.IIO 3 154,on<M1 n• s Hudlon ct 0 .54 2.34 3.40 5.06 6 .71 II .OS 12.73 10.12 5.37 4 .00 5.61 15.96 7 .03 3 1540071211 7820 s Hudson Sl 0 .49 2.17 3.24 4.64 6 .10 7 .11 11 .14 9 .03 5.02 3 .99 5 .72 16.23 7 .13 -315 5436 E Unu Cr . 0 .49 2.17 3.24 ... 83 6 .81 7.73 12.19 9 .91 5 .29 3.14 5 .54 14.12 5 .911 3191D54112 5471 E Unu Cr . 0 .49 2.25 3.39 4 .13 6 .43 7 .56 11.97 9 .75 5.21 3 .19 5 .47 14.46 5.92 -71 5537 E Unu Cr . 0 .49 2.17 3 .24 ... 64 6 .10 7 .11 11 .38 8 .35 5 .02 3.77 5.33 14.11 5.78 3l9110S'2U 54211 E .._ Pl 0 .94 3 .11 5.41 7 .35 8.94 9 .90 16.19 14.02 1.05 6 .49 9 .43 24 .98 10.23 319111154.a 5440 E .._ Pl. 0 .411 . 2.311 3 .74 5 .31 6 .611 7 .94 12.47 10 .10 5.37 4 .02 5 .11 14.96 6 .13 3111D1527• 5276 E Mineral Cr. 0 .49 2.17 3 .24 4 .64 6 .10 7 .11 11.31 9 .35 5.03 3.79 5.311 14 .20 5.82 3IIDl52ll3 5211 E ........ Cr . 0 .67 2.95 "-20 5.71 7 .35 11.81 1 ... 18 11.73 6 .17 ... 69 6 .72 17 .63 7.22 WWW7 5331 E -Cr. 0 .50 2.61 4 .27 6.21 8 .27 9 .69 15.16 12.25 6 .60 5.14 728 18 .90 7 .74 ~ 539 E Minenll Cr . 0 .49 2.17 3 .24 4.64 6.23 7 .36 11 .14 9 .77 5.22 3.90 5 ... 9 14.52 5.95 --5409 E -Cr. 0 .54 2.36 3 .43 4.16 6 .32 7 .34 12.52 10 .75 5.85 4.41 6.29 16.4<4 6.74 Jllllll542'1 5429 E -I Cr . 0 .49 2 .57 4.24 6.06 8.11 9 .90 16 .34 13 .114 7 .37 5 .30 7 .17 18.61 7.62 Sauthgale San -dla,god South~ - P-2016 416121106 3 .12% 1.30% ---.., Oirec11on s1r-1 P ool Dir 2005 2004 l&l330SC302 5430 E Mineral Cr. s s 87 .40 s l&l33054l90 5439 E M-.il Cr. $ s 74 .25 $ 381331154404 5440 E Minetal Cr. $ s 75 .77 $ :.9331154492 54-49 E Mineral Cr. s s 74 .25 S 381331154594 5459 E Minetal Cr. s s 99 .114 $ 383311SN08 5460 E -Cr. s s 74.25 S :.m30547118 5479 E Minetal Cr. $ s 93 .22 $ ]NJ3D-5489 E -Cr. s s 74 .25 $ 3U331155010 5501 E -I Cr. s s 74.25 $ l8a3055214 5521 E Mineral Cr. s s 74 .25 S 3a331155418 5541 E Minetal Cr. s s 74 .25 S 3a31055510 5551 E -Cr . s s 74 .25 S :ma:Jll55II I 1 5561 E Minetal Cr . s s 74 .25 S l93l055713 5571 E Mineral Cr . $ s 99 .04 s -15 5581 E Mineral Cr. s s 74 .25 S :a33055817 5591 E Mineral Cr . s s 74.25 $ 31112111542&2 54 2& E Mineral IJI s s 75 .77 s 38l21I0548B3 5416 E Mineral IJI s s 74.25 S -5505 E -IJI s s 74 .25 $ -1 5565 E -IJI $ s 74 .25 s :m211155812 5566 E Mineral IJI s s 74 .25 s -1055279 5527 E -.1 Pl s s 74.25 $ -1055280 5521 E -Pl s s 74.25 $ -10-5558 E -· Pl s s 117 .40 $ --5511 E Mineral Pl s s 74 .25 $ _, 52111 E -Dr. s s 74 .25 S ~ 52315 E -Dr. s s 113.22 S ... 52111 5211 E -Dr. s s 11 .56 $ ~ 5211 E -Dr. s s 104.11 $ -2 5311D E -Dr. s s 74 .25 $ JIIS IOSJIDI 5390 E -Dr. s s 75 .77 S 31151054031 5403 E Nichols Pl. s s 1 1.56 S 31151054144 5414 E Nlcllols Pl. s s 163.14 $ 31151054235 5423 E -pt s $ 74 .25 $ 31151054348 5434 E -Pl. s $ 75 .77 $ 31151054431 5443 E -Pl. s $ 117 .40 $ JN5Hl54530 5453 E -Pl. s s 17.40 $ JN51054541 5454 E -Pl. s $ 112.27 $ 31151054734 5473 E -Pl. s s 74.25 $ -1054745 5474 E Nichols Pl. $ s $ -1054931 5493 E Nict,als Pl. s s 74.25 $ .....,....San_ct,apd_........,_f_ SOUTH ARAPAHOE SANITATION DISTRICT Southgate Properties Charged by Englewood Average lnlorosl Rates: 1.111'11, 1.76% 3.95% 6 .06% 4.Jlll'M, 2003 2002 2001 2000 199 82.113 S 8U8 s 54.53 S 119.25 S 51.17 S 611 .05 $ 57 .32 $ 36.56 $ 47.38 S 27.59 $ 106.95 $ 108.44 S B0.36 s 1114.14 $ 59.37 S 1114.43 S 126.81 s 129.15 S 182.23 S 114.30 S 116.67 $ 61.40 S 43.05 $ 55 .75 $ 32.42 $ 111.92 S 52.15 S 36.56 $ 47 .38 S 27 .59 $ 87.50 s 52.15 S 36.56 S 47.311 $ 27.59 S 61.82 $ 53.22 S 36.56 S 70 .64 S 43.23 S 63.211 $ 77 .79 S 611 .18 $ 70 .64 S 36.75 S 61.92 S 52.15 S 36.56 $ 48.39 S 27 .58 S 6 1.92 $ 52.15 S 36.56 $ 47 .38 S 27 .59 S 6 1.92 $ 139.19 $ 36.56 S 1114 .14 $ 47.55 S 6 1.92 S 57.32 S 36.56 $ 47 .38 $ 27 .59 S 97.23 S 52.15 S 36.56 $ 47 .38 $ 27 .59 $ 72.91 s 65.50 S 43.05 $ 52 .11 $ 30 .2B S 61.92 $ 52.15 $ 36.56 $ 47 .38 $ 27 .59 S 82 .83 S 8U8 s 54 .53 s 70 .64 S 41 .07 S 61.92 $ 52.15 S 36.56 S 47 .38 S 38.90 $ 61 .92 $ 52.15 S 36.56 $ 47 .38 S 27 .59 $ 611 .05 $ 57.32 S 40.18 $ 47 .38 S 27 .59 $ 77 .78 $ 102.35 $ 45.92 $ 70 .64 $ 38.90 S 92 .37 $ 65 .50 $ 48.79 S 63 .20 S 32.42 $ 63.20 $ 53.22 S 315 .56 $ 47 .38 S 27 .59 S 611.0S $ 11.18 S 45.92 $ 68.92 S 36.75 $ 11.92 $ 52.15 $ 61.18 S 11.81 s 49.72 S 61 .92 $ 52 .15 S 36.56 S 48.39 S 21 .14 $ 12.113 $ 73.19 S 48.79 S 63.20 S 36.75 S 63.211 S 111 .40 $ 43.05 $ 63 .211 $ 34.59 $ 87 .50 $ 90.1111 $ 57 .40 S 59.47 S 32.42 $ 63.211 S 15.97 S 74.62 S 92.911 S 41 .07 $ 63.20 S 53.22 S 37.31 s 74.36 S 43.23 $ 82.37 $ 52.15 $ 57 .40 S 100 .42 S 58 .37 $ 115.27 S 111.72 S 77.49 $ 133.12 S 12.111 $ 61.12 $ 57.32 $ 40.18 $ 41 .39 S 43.23 $ 87 .50 S 11 .40 $ 36.56 S 47 .31 $ 27 .58 $ 63 .20 $ 53.22 S 40.18 $ 52 .11 34 .58 $ 72.91 $ 69.60 $ 48.79 $ 5S .75 $ 30.21 $ 136.1 1 $ 15.17 S 63.14 $ 122.75 $ 43.23 $ 111.92 $ 53.22 S 51 .66 $ 66 .92 $ 30 .2& $ $ s s s s 61 .92 $ 52.15 $ 74.62 S S2 .11 s 30.21 $ Page 3 ol6 5.24 .. 5.29% 5.10'M, 1991 1917 1- 47 .55 S 47.55 S 21.117 s 32.42 $ 38.90 $ 21 .117 $ 511.37 S 49.72 S 41 .40 S 49.72 S 49.72 S 29.33 $ 34 .58 S 34.58 S 25.18 $ 27 .59 $ 27.59 S 21 .117 s 30.211 S 34.58 S 25.18 S 27 .59 S 30.21 S 22.43 S 43.23 $ 41.07 S 31.05 $ 21 .14 S 38.80 S 21 .117 s 27 .59 S 27 .59 S 22.43 S 51.87 S 64.85 S 46.58 S 27 .59 $ 27 .58 $ 22.43 S 21 .14 $ 27.59 S 21 .97 s 32.42 S 36.75 S 37.15 S 27 .59 S 27 .59 S 21 .117 $ 21 .14 S 27 .59 S 21 .117 s 27 .59 $ 27 .59 S 24 .15 $ 27 .59 $ 27 .59 S 21 .117 $ 47 .55 S 47 .55 S 25.18 S 30.21 S 38.90 S 27 .ID $ 77 .82 S 73.48 S 19.00 $ 27.59 S 27 .59 S 21 .117 $ 47 .55 S 49.72 $ 315.23 $ 43.23 $ 47.55 S 32.71 S 27 .59 S 32.42 S 24 .15 S 36.75 $ 45.40 S 32.78 $ 21.14 $ 27 .59 $ 31 .05 $ 32.42 S 38.90 $ 32.71 $ 27.59 S 38.90 $ 36.23 $ 34.58 S 36.75 $ 29.33 s 56.20 $ 64.15 S 50.03 s 45.40 S 51 .117 S 22.43 S 43.23 $ 45.40 S 21.87 s 27.58 $ 27 .58 S 25 .• S 34.58 $ 34.58 $ 27.ID S 43.23 $ 21.14 $ 22.43 $ 41 .07 $ 45.40 S 36.23 $ 38.90 S 27 .59 $ 25 .• $ s s $ 34 .58 $ 30.21 S 22 .43 $ 5.54% 1195 51 .07 $ 29.57 $ 60.35 S 41 .78 S 44.11 s 29 .57 S 32.50 $ 32.50 S 4 1.78 $ 37.14 S 29.57 $ 76.ID S 44.11 $ 29.57 S 55.71 $ 29.57 S 29.57 S 34 .82 S 29.57 $ 29.57 $ 34.82 S 92.85 S 30.18 $ 51 .07 S 48.75 S 39.46 S 44.11 S 34.12 S 29.57 S 67.32 $ 44.11 S 53.39 S 29.57 S 60.35 S 41.71 S 37.14 $ 29.57 $ 58.03 $ 51.07 $ $ 44.11 s ·1.aa;. I ..__ .. 3.-,_: ___ /Al!io,d_ .' be ....... :. 1994 ?i.·•sa ~ 29.57 1~t~ftJl:i~ '.~!1'.l!iLi {;;~if: ~i·~~!(~'.~ ~ :! f tE :;~j:;;1. ::: r r:ti }le.'://::: :: ltl i ::::;:; ;·c.:;1::1 $ 'il .,.4t.• .• . 'c'! .-..11 . g~ if Jj. f ,,, :::@:iI 411.75 .J :·/ 45.41 I -' /aiM' ::: l I~:~: ;: . . )!'~; - SOUTH ARAPAHOE SAN ITATION DISTRICT Southgale Properties Charged by E119lawood Interest Earnings: --Houeal Oil'9Ction SlrNI Po.I Dir 1994 1995 1996 1997 1991 1999 2000 2001 2002 2003 20CM 2005 2006 ~ gjO E ......,, Cr . 0 .15 3.17 5."'4 7 .51 10.22 12.22 20 .11 16.56 1 .77 11.43 1 .73 22.63 9.27 JN331154390 54311 E Minaflll Cr . 0.71 1.12 3.39 5.22 6 .31 10 .42 1.69 4 .76 3 .67 5.25 13.92 5.70 -»OSM04 -E _, Cr. 0 .91 4.52 6.12 9 .67 12 .74 15 .11 24 .55 20 .43 10 .99 a.11 10 .53 27 .S7 11.29 lHSJ054.4t2 5441 E Mineral Cr . a.as 3.61 5.1 4 7.50 10 .211 13 .10 25 .09 23.35 12 .95 9.95 13 .59 34.29 14.05 --5459 E Minera l Cr. 0.49 2.57 4 .11 S.S9 7.77 9 .03 14 .30 11.66 8 .22 4 .1111 7.19 19 .CM 1.ao ~ 54111 E M-1 Cr. 0 .49 2.17 3.24 4 .6" 6 .10 7.11 11 .38 9.35 5.02 3.77 5.33 14 .13 5.79 JN331154791 5471 E _, Cr . 0 .49 2.25 3.49 5.21 6.95 a .01 12 .56 10 .16 5.39 4 .15 6.08 16.24 6.65 3Nn0S48IO -E -Cr. 0.49 2.25 3.40 4 .91 6.45 7.S3 13 .52 11.29 5.92 4 .35 6.03 15.52 ua l&l33055010 5501 E -Cr. 0 .63 2.94 4.54 6 .67 UIS 10 .54 16.116 14 .24 7.78 5.67 7.62 19.71 S.07 )HS,055214 5521 E -Cr. 0 .54 2.55 3.SO 5 .56 7.37 8.37 13.06 10 .53 5.58 4 .11 5.75 15 .13 6.20 3H331155-411 554 1 E -Cr. 0 .49 2.17 3.25 •U7 6.13 7.14 11 .41 9.38 5.03 3.71 5.34 14.15 5.79 lRUD55510 5551 E _, Cr. 0 .49 3.47 6.36 9 .71 13.02 14 .96 24 .01 19 .20 10 .32 7 .62 8 .94 25 .36 10.311 3"330SHII 5561 E _, Cr. 0 .49 2.57 4 .02 5 .51 7.00 a.oo 12 .54 10.15 5.43 4.06 5.68 14.98 6.13 :Jlll3055713 SS71 E -.1 Cr. 0 .49 2.17 3.24 4 .64 6.11 7 .14 11 .42 9.31 5.03 3.97 5.97 16.06 6.51 -15 ssa1 E _, Cr. 0 .76 3.73 5.14 1 .16 10.14 11 .24 17 .03 13.46 7.09 5.22 7.1 4 18.53 7.59 :Jlll3055917 5511 E Mineral Cr . 0.50 2.21 3.27 4 .H 6.14 7.15 11 .43 9.39 5.CM 3.7S 5.35 14.16 5.ao 3192t05421i2 5421i E Mir,eQI ln 0 .49 2.17 3.24 4 .6" 8.11 7.47 12 .97 11.27 6.33 4 .118 6.80 17 .74 7.27 --5481 E -ln 0.63 2.75 3.99 5.53 7.02 1.29 13.27 10 .65 5.62 4.15 5.79 15.24 6.24 3lll2I055050 5505 E -ln 0 .49 2.17 3.24 4 .6" li.10 7.11 11 .38 9.35 5.02 3.77 5.33 14.13 5.79 lN2t055e51 5585 E -ln 0.76 3.00 4.14 6.27 1 .15 10 .30 15 .56 12.30 6 .46 4.74 6 .54 17 .07 6.99 mz!IOS5&12 55l5li E -ln 0 .54 2.41 3.12 5 .73 7.61 1 .93 14.82 12.31 6.94 5.35 7.33 19.00 7.71 31131055779 5527 E -Pl 0 .72 4.62 1 .47 12.85 17.21 19 .32 21 .03 21 .31 10 .79 7.67 10 .20 26.01 10.66 lN31055290 5521 E -Pl 0.50 2.22 3.30 4 .72 6.17 7.19 11 .41 9.42 5.08 3.11 5.39 14 .26 5.14 lN31055515 5551 E -Pl 0 .67 3.33 5.29 7 .16 10.57 12.20 11 .93 15.13 8 .03 5.18 7.98 20 .79 1.52 3193105Seal 5581 E -Pl 0 .63 3.14 4.95 7 .34 9.85 11 .70 19.14 16 .03 8.38 5.91 7.89 20.36 1 .34 "954052Gl7 520I E Nictlall Dr. 0.49 2.45 3.12 5.46 7.08 8.09 12.71 10 .29 5.45 4 .CM 5.66 14 .92 6 .11 3ll540S23l2 52» E -Dr . 0.81 3.54 5.22 7 .57 1.87 11 .25 17.S7 14.18 7.54 5.ao 7.79 20 .41 1.36 --5218 E -Dr. 0.49 2.32 3.75 5.45 8.95 1 .13 13.41 11.20 6.01 4 .46 6.21 16.31 6.71 ~ 5218 E -Dr . 0 .11 3.14 4.45 8 .56 1 .53 9.72 15.32 12 .72 7.09 5.43 7 .119 20.37 1 .34 ~ 531111 E -Dr. 0.49 3.22 5.60 7 .91 9.11 11 .07 18 .37 15.14 1 .65 1.27 1.33 21.44 1 .78 -..OS,-5390 E -Dr . 0 .50 2.61 4.23 6 .17 1 .12 9.64 16.00 13 .09 6.76 4.19 1 .119 17 .46 7.15 31951054031 5403 E -Pl. 0 .11 3.IO 6.15 9 .57 12.99 15 .30 24.89 20 .00 10.11 7.17 9 .65 24 .77 10.15 -1054144 5414 E -Pl. 0.71 1.13 3 .78 a .30 S.60 17 .05 15 .11 1 .95 7.20 10 .119 28.81 11.72 -1054235 5423 E -Pl. 0 .94 4.39 6.19 S.34 10 .85 12.52 1S.99 14 .68 7.55 5.41 7.29 IS .91 7.75 -10543411 5434 E -Pl. 0 .49. 2.51 3.98 5.57 7.06 1 .05 12.61 10 .211 5.49 4.26 6 .10 16 .02 1.56 3N51054"43I 5443 E -Pl. 0.49 2.:18 3.7S 5.58 7.44 a .n 13.91 11 .26 5.94 4 .37 8 .14 16.31 6.61 --530 5453 E -Pl. 0 .49 2.17 3.25 4 .61 1.56 a .02 12.91 10.52 5.96 4.52 6 .39 16.91 6.93 -1054541 5454 E -Pl. 0.15 4 .06 1.11 S.71 11 .17 12.71 21 .59 11 .43 9.74 7.36 10.18 29.53 12.10 31951054734 5473 E -Pl. 0 .59 3.07 4.77 6 .42 1.25 9.56 15.27 12.72 6.72 4.85 6.63 17 .29 1.oa 311151054745 5474 E -Pl. 3N51054931 5413 E -Pl. 0 .49 2.57 4.02 5 .58 7.33 1 .56 13.50 11.66 6.42 us 6.40 16 .73 8.15 -.... s., Ac,c,cum ct.a,pd Soulh Arapahoe F-Pege4 ol6 4l6/2IIOI SOUTH ARAPAHOE SANITATION DISTRICT Sau9'plo Pn>pe,-, Ola,vad by Ena--d A_.ln-lR-: 3 .12'11, t .JO'II, 1.1n. 1.7ft 3.95'11, '·°" ,.an. 5.24'11, 5.211'11, 5.111'11, 5.54'11, __ ......... -· Dl<ectlon .... Poot Dir 200 5 -2") 2ll02 ao1 211111 119 1-1117 1-1N5 --· 5494 E -Pl. s s 74.25 S 111.92 S 15.50 S 31.51 S 47 .38 S 27 .51 $ 27 .51 S 27.58 $ 21 .87 $ 30 .18 $ 311 .415 3111al54!1113 54 5& E oi..., Dr. $ $ 122.35 $ 17.23 S 11 .40 S 43.05 S 55.75 S 311.10 $ 31 .• S 34 .58 S 32.78 S 37.14 S 30.11 --758 5475 E °'""' Dr. s $ 75.n s &1 .92 $ 85 .117 $ 31.51 s 122.75 $ 21.14 $ 21.14 $ 43.23 $ 43 .13 $ 51 .07 S 51 .D7 3111-5495 E oi..., Dr. $ $ 74.25 S 13.20 S 52 .15 $ 31.51 $ 41.39 $ 30.26 $ 27 .51 S 30.3 S 27 .111 $ 41.75 S 37.14 2,505.34 $ 6 ,79.35 h ., 16.12 $ 5,SCNl.11 h.11,.m s,.-.46 s2,1».a h.M2.s1 $ ;z.Mm.1111 S 2,285.48 $ 3,112.50 S s-...s.n-dwpclSoull...._...,.F_ P-5afll .wl2IIOI 1-Earnlngo: __ ........ -· DiNctlon -Poat Dir 1914 1995 19N 1197 Ws;™ • E lliclm Pl 0 .67 2.75 3.82 5.28 3197105'15113 5451 E Olan> °'· 0 .50 2.42 3 .95 5.90 31971H475S 5475 E Olan> Dr. 0 .81 4 .00 1 .11 1.77 ,.,.s,e,so 5415 E Olan> °'· 0 .63 3.14 4 .12 1 .59 $ 47 .53 S 222.41 S 340.71 $ .-3.12 _.,.... ---dlarpdSoulh ...,.,.._F_ ' SOUTH ARAPAHOE SANITATION DISTRICT Southgate PR>per1ies Charged by Engll,Wood 1991 1999 2000 2001 11.71 7 .76 12.23 9 .94 7 .89 9.42 15.01 12.15 10.14 11 .77 19.79 111.1111 1 .21 9.23 14.21 11 .37 149.57 759.74 1,211.13 $ 112113.11 Page6cfl 0 2002 21103 2004 2005 211411 5.41 4.09 5.72 15.06 6.17 1.45 4 .92 7.28 19.51 8.02 1 .69 6 .21 1 .35 21 .52 1.12 5.95 4 .37 I .GI 15.19 1.51 531.12 4114. 11 514.17 1,515.71 $ &35.12 8aulhgala 4lll200& City of Englewood AGENDA ITEM 10 (a) l!UBLIC HEARING ROSTER DATE: July 10, 2006 Piili118 ,...111111111 to eufficiency of the petition (and shlJlatur•) of the South Broadway Englewood lualneee Improvement Dlatrlct, d8t8rmlne If the allegatlons of the Ofl8lllzatlon ,-lltlon are true, and determine whether the types of fflllllelte1 ~t111 .. ._ ..... J• • provided by the proposed district are ... _,..,.. .. or Improvements which best satisfy the purposes as set fortli In Colorado Revised Statutes, action 31-25, Part 12. PLEASE PRINT NAME ADDRESS NAME ADDRESS Introduction Good evening, I'm Darren Hollingsworth and I am an economic development coordinator for the City of Englewood The notice of public hearing was published in the June 9th Englewood Harold . The proof of publication is on file with the City Clerk Pursuant to Colorado Revised State Statutes § 31-25 Part 12 , City Council is being asked to conduct this public hearing to determine the following: 1. Review and determine the sufficiency of the petition and signatures requesting formation of the South Broadway Englewood Business Improvement District. Copies of the petitions are available in the City Clerk's office for review. 2. Determine if the allegations of the organization petition are true. A copy of the BID petition form is in the council packet. 3. Determine if the services or improvements to be provided by the proposed district are those services or improvements which best satisfy the purposes set forth in the statutes. A copy of the proposed BID operating plan and copy of the Colorado Revised Statutes § 31 -2 5 Part 12 is in the Council packet. BID PETITION FINDINGS State law requires that the petitions cannot represent less than 50% of the assessed valuation of the proposed district and must represent at least 50% of the area o f the propose d district. • The petitions submitted and accepted to t al 53°/o of t he ass essed va lu e of the district. • The petitions submitted and accepted total 56% of the area in the district. BID FORMATION The ordinance creating the proposed BID will be considered by City Counci l at the July 24 meeting. That concludes my comments. I will be available to respond to any questions. - RECEIVED .James G. Alsum 14000 F,. I Jnvale Pl # 611 Aurora, CO 80014 303 671 911 H CITY OF, ENGLEWOOD, CO JUN 2 6 2006 OFFICE OF June 22, 2006 THE CITY CLER~ To: I .oucrishia A . F.llis MMC City Clerk City of Englewood 1000 Englewood Parkway Englewood, CO 80010 Concerning; "Formation of the South Broadway Englewood Business Improvement District" To whom it may concern; We will be in the Northwest at the time of the public hearing on the above mentioned matter. We are violently opposed to the formation since the Gallager amendment is now in effect. Our raxes are now so much higher than was anticipated and to then have an additional rax imposed is out of the question. Please record this letter in opposition to the formation of this district. Property Address ; 2709 So. Broadway Units A. & B . .James G. Alsum 14000 F.. l,invale Pl# 611 Aurora, CO 80014 303 671 9118 RECEIVED CITY OF. ENGLEWOOD, CO JUN 2 6 2006 OFFICE OF - June 22. 2006 THE CITY CLER~ To : J ,oucrishia A. Ellis MMC City Clerk City of Englewood 1000 Englewood Parkway Englewood , CO 80010 Concerning; "Formation of the South Broadway Englewood Business Improvement District" To whom it may concern ; We will be in the Northwest at the time of the public hearing on the above mentioned matter. We are violently opposed to the formation since the Gallager amendment is now in effect. Our taxes are now so much higher than was anticipated and to then have an additional tax imposed is out of the question. Please record this letter in opposition to the formation of this district. Property Address; 2709 So. Broadway Units A . & B. ~Al~ r??oes~,-~ d~ R.~;,~m- June 22 . 2006 .lames G. Alsum 14000 F,. I ,invale Pl # 611 Aurora, CO 80014 30J 671 91 lR To: T .oucrishia A. Ellis MMC City Clerk City of Englewood I 000 Englewood Parkway Englewood, CO 80010 RECEIVED CITY OF. ENGLEWOOD, CO JUN 2 6 2006 OFFICE OF THE CITY CLERi Concerning; "Formation of the South Broadway Englewood Business Improvement District" To whom it may concern; We will be in the Northwest at the time of the public hearing on the above mentioned matter. We are violently opposed to the formation since the Gallager amendment is now in effect. Our truces are now so much higher than was anticipated and to then have an additional true imposed is out of the question . Please record this letter in opposition to the formation of this district. Property Address; 2709 So. Broadway Units A. & B . Introduction Good evening, I'm Darren Hollingsworth and I am an economic development coordinator for the City of Englewood The notice of public hearing was published in the June 9th Englewood Harold. The proof of publication is on file with the City Clerk Pursuant to Colorado Revised State Statutes § 31 -25 Part 12, City Council is being asked to conduct this public hearing to determine the following: 1. Review and determine the sufficiency of the petition and signatures requesting formation of the South Broadway Englewood Business Improvement District. Copies of the petitions are available in the City Clerk's office for review. 2 . Determine if the allegations of the organization petition are true. A copy of the BID petition form is in the council packet. 3. Determine if the services or improvements to be provided by the proposed district are those services or improvements which best satisfy the purposes set forth in the statutes. A copy of the proposed BID operating plan and copy of the Colorado Revised Statutes § 31 -25 Part 12 is in the Council packet. BID PETITION FINDINGS State law requires that the petitions cannot represent less than 50% of the assessed valuation of the proposed district and must represent at least 50% of the are a o f the proposed district. • The petitions submitted an d accepted tota l 53% of the assesse d va l ue of the district. • The petitions submitted and accepted total 56% of the area in the district. BID FORMATION The ordinance creating the proposed BID will be considered by City Council at the July 24 meeting. That concludes my comments. I will be available to respond to any questions. Introduction Good evening, I'm Darren Hollingsworth and I am an economic development coordinator for the City of Englewood The notice of public hearing was published in the June 9th Englewood Harold. The proof of publication is on file with the City Clerk Pursuant to Colorado Revised State Statutes § 31-25 Part 12 , City Council is being asked to conduct this public hearing to determine the following: 1 . Review and determine the sufficiency of the petition and signatures requesting formation of the South Broadway Englewood Business Improvement District. Copies of the petitions are available in the City Clerk's office for review. 2. Determine if the allegations of the organization pet1t1on are true. A copy of the Bl D petition form is in the council packet. ~ 3. Determine if the services or improvements to be provided by the proposed district are those services or improvements which best satisfy the purposes set forth in the statutes. A copy of the proposed BID operating plan and copy of the Colorado Revised Statutes § 31-25 Part 12 is in the Council packet. BID PETITION FINDINGS State law requires that the petitions cannot represent less than 50°/o of the assessed valuation of the proposed district and must represent at least 50% of th e a rea of the proposed district. • The petitions submi tte d and acce p te d t o t al 53% of the assess ed value o f the district. • The petitions submitted and accepted total 56°/o of the area in the district. BID FORMATION The ordinance creating the proposed BI D w ill be consi d er ed by C ity Co un ci l at the July 24 meeting. That concludes m y co mments. I will be available to respond to any questions. Introduction Good evening, I'm Darren Hollingsworth and I am an economic development coordinator for the City of Englewood The notice of public hearing was published in the June 9th Englewood Harold. The proof of publication is on file with the City Clerk Pursuant to Colorado Revised State Statutes § 31-25 Part 12, City Council is being asked to --onduct this public hearing to determine the following: 1. Review and determine the sufficiency of the petition and signatures requesting formation of the South Broadway Englewood Business Improvement District. Copies of the petitions are available in the City Clerk's office for review. 2. Determine if the allegations of the organization petition are true. A copy of the BID petition form is in the council packet. 3. Determine if the services or improvements to be provided by the proposed district are those services or improvements which best satisfy the purposes set forth in the statutes. A copy of the proposed BID operating plan and copy of the Colorado Revised Statutes § 31 -2 5 Part 12 is in the Council packet. BID PETITION FINDINGS State law requires that the petitions cannot represent less than 50°/o of the assessed valuation of the proposed district and must represent at least 50% of the area of the proposed district. • The petition s sub m itte d and accepte d tot al 53% of t h e ass esse d v alue of the district. • The petitions submitte d and accepted total 56% of the area in the district. BID FORMAT ION The o rdinance crea tin g th e p ropose d BID wi ll be con sid ere d by City Coun ci l at the July 24 meeting. That concludes my comments. I will be available to respond to any questions. PROOF OF PUBLICATION THE ENGLEUJOOO HERALD STATE OF COLORADO COUNTY OF ARAPAHOE ss I, Jeremy S. Bangs, do solemnly swear that I am the Managing Editor of THE ENGLEWOOD HERALD and that same is a weekly newspaper pub· lished in the City of Littleton , in the County . of Arapahoe, State of Colorado , and has a general circulation therein; that said news - paper has been published continuously and uninterruptedly in said County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice; that said newspaper is entered in the Post Office of Littleton, Colorado as Second Class Mail matter and that the said news- paper is a newspaper within the meaning of. the act of the General Assembly of the State of Colorado , approved March 30 , 1923, and entitled "Legal Notices and Advertisements" and other acts relating to the printing and publishing of legal notices and was published in the regular and entire issues of said newspaper, once each week, on the same day of each week , for a period of _L_ consecutive insertions and that the first publication of said notice was in the issue of said newspaper dated ~ CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Englewood , Colorado . has scheduled a Public Hearing at a Regular City Council Meeting on JULY 10, 2006, at 7:30 p.m. in the City Council Chambers of Englewood Civic Center, 1000 Englewood Parkway, to : REVIEW AND DETERMINE SUFACIENCY OF THE PETlTION (AND SIGNATURES) REQUESTING FORMATION OF THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT, DETERMINE IF THE ALLEGATIONS OF THE ORGANIZATION PETITION ARE TRUE AND DETERMINE WHETHER THE TYPES OF SERVICES OR IMPROVEMENTS, TO BE PROVIDED BY THE PROPOSED DISTRICT, ARE THOSE SERVICES OR IMPROVEMENTS WHICH BEST SATISFY THE PURPOSES AS SET FORTH IN COLORADO REVISED STATUTES§ 31-25 Part 12. THEREFORE: NOTICE IS ALSO GIVEN THAT: 1. In accordance with the Colorado Revised Statutes, a petition was submitted to the City Clerk on May 15, 2006, requesting the formation of the South Broadway Englewood Bus!ness Improvement District 2. The boundaries of the proposed South Broadway Englewood Business lmprovemen~lstrlct are: • -Sidewalk power washing Special Projacts • Banners • Gateways • Signage • Public art • Cosmetic improvements • Other projects as appropriate I All lntarestac:I partlN may express opinions In person at the Public Hearing or In j writing to be recelwd by the City Clerk by 5:00 p.m. on July 10, 2006. Anyo'ne wishing to speak at the Publlc Hearing may call the City Clerk's Office ~ 303.782.2405 or 303.782.2407, to schedule their presentation or a slgn:up sheet WIii be avaJlable at the door. 1 By order of the Englewood City Council. Loucrlshla A. Ellis, MMC City Clerk City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 ; l'UIICIIHED: JUNE I, 200I ENGtEWOOD HERALD .:t5°"~ My Canm15Wn E.lpl(es 07/~0CJJ I II PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO COUNTY OF ARAPAHOE ss I, Jeremy S. Bangs, do solemnly swear that I am the Manag ing Editor of THE ENGLEWOOD HERALD and that same is a weekly newspaper pub - lished in the City of Littleton, in the County . of Arapahoe, State of Colorado, and has a general circulation therein ; that said news- paper has been published continuously and uninterruptedly in said County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice · that said newspaper is entered in the Posi Office of Littleton, Colorado as Second Class Mail matter and that the said news- paper is a newspaper within the meaning of. the act of the General Assembly of the State of Colorado, approved March 30, 1923, and entitled "Legal Notices and Advertisements" and other acts relating to the printing and publishing of legal notices . and was published in the regular and entire issues of said newspaper, once each week, on the same day ol each week, for a pe ri od of _L_ consecutive insertions and that the first publication of said notice was in the issue of said newspaper dated last publication of said notice was in e issue of said newspaper dated f -106 CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING Not ice is hereby given that the City Counc il of the City of Englewood , Colorado , has scheduled a Public Hearing at a Regular City Council Meeting on JULY 10, 2006, at 7:30 p.m. in the City Council Ch ambers of Englewood C ivic Center, 1000 Englewood Parkway , to : REVIEW AND DETERMINE SUFACIENCY OF THE PETITION (AND SIGNATURES) REQUESTING FORMATION OF THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT, DETERMINE IF THE ALLEGATIONS OF THE ORGANIZATION PETITION ARE TRUE AND DETERMINE WHETHER THE TYPES OF SERVICES OR IMPROVEMENTS, TO BE PROVIDED BY THE PROPOSED DISTRICT, ARE THOSE SERVICES OR IMPROVEMENTS WHICH BEST SATISFY THE PURPOSES AS SET FORTH IN COLORADO REVISED STATUTES§ 31-25 Part 12. THEREFORE : NOTICE IS ALSO GIVEN THAT: 1. In accordance with the Colorado Revised Statutes, a petition was submitted to the City Clerk on May 15, 2006, requesting the formation of the South Broadway Englewood Bus!ness Improvement District. 2. The boundaries of the proposed South Broadway Englewood Business lmpro~n~ls.trict are: • S idewalk power washing Special ProjllCta • Banners • Gateways • Signage • Public art • Cosmetic improvements • Other projects as appropriate I All ln19restad parUN may express opinions in person at the Public Hearing or In j wrlUng to be recelvsd by the City Clerk by 5:00 p.m. on July 10, 2006. Anyo'ne wishing to speak at the Public Hearing may call the City Clerk's Office ~ 3n3.782.2405 or 303.782.2407, to schedule their presentation or a slgn:Up sheet v. _,. available at the door. E By order of the Englewood City Council. ~ Loucrtshla A. Ellis, MMC City Clerk City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 ; PUBLISHED: JUNE I, 2008 ENGl.fNOOD HERALD ~'Y6 My ComnllSSIOn E.'lplfes 07 /2S/2 D<1J I COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 1 0, 2006 10 a Public Hearing on Proposed South Broadway Englewood Business Improvement District (BID) Initiated By: Staff Source: Community Development Dep artment Darren Hollingsworth, Economic Development Coord inator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Last fall City Council authorized a contract with Progressive Urban Management Associates (PUMA) to study the feasibility of creating a business improvement district in Englewood. RECOMMENDED ACTION Pursuant to Colorado Revised State Statutes § 31 -2 5 Part 12, City Council shall conduct a public hearing to determ ine the following: 1. Re v iew and determine the sufficiency of the petition and signatures requesti ng formation of the South Broadway Englewood Business Improvement District. Copies of the petitions are available in the City Clerk's office for r ev iew. Also attached is a June 2 memorandum from City Clerk Lou Ellis detailing the findings from the petitions as submitted by the merchants . 2. Determine if the allegations of the organization petition ar e true. Attached is a copy of the BID petition form for your review. 3. D etermin e if th e servi ce s or improvements to be provided by the propos ed district ar e th ose servi ce s or improvements which best satisfy th e purposes set forth in the statutes . A copy of t he pro p ose d BID o p erating pl an a nd c opy o f th e C o lorado Revise d Statu tes § 31-25 Part 12 is attached to this Counci l communication for your review. Prior to the organization of the District, City Council may exclude property from the district as allowed by statute or if it deems it to be in the best interest of the District. BID BA CKGROUND AND PURPOSE The South Broadway Englewood Business Improvement District (B ID) is a specia l assessmen t district designed to improve the economic vitali ty and overall commercial appeal of the South Broadway corridor in Englewood. The proposed BID would provide programs to businesses and commercial properties that will include district marketing, promotions, enhanced safety and maintenance. BID services would be in addition to services currently provided by the City of Englewood . The BID can perform the following kinds of functions within the following general categories (final BID programming will be determined by the BID board). Marketing, Promotions and Image Enhancement • Public relations to project a positive image of the South Broadway c orridor • Collaborative advertising among South Broadway businesses • Production and packaging of marketing materials including South Broadway map, directory and web site • Newsletter and other district communications • Market research and stakeholder surveys • Special events including themed, historical events and ongoing events programming Enhanced Safety and Maintenance • Enhanced safety patrols • More effective communication with Englewood Police • Video monitoring • Community and business watch programs • Graffiti cleanup • Sidewalk power washing Special Projects • Banners • Gateways • Signage • Public art • Cosmetic improvements • Other proj ects as appropriate BID PETITION FINDINGS Th e original Busin ess Improve m ent Distric t (BID) petitions were submitted on May 15, 2006. Th ere w ere 9 0 petition sec tions submitted. After th e verification proc ess was c ompleted, 2 7 petitions we re re turn ed for cure. Th e cu re p eri o d en d ed on Jun e 1, 2006, with 22 petitions b eing r esubmitted and one petition submitted for t he firs t time. A f ter t h e ve rification process was completed, 2 petitions have been rejected. Total District assessed value is $11,336,790. Total District land area is 1,096,051 square feet Assessed va lue from petitions submitted and accept ed is $6,058,980. The assesse d va lue from the pe t itions submi tted and accepted to the total District assessed value is 53%. The land/acreage from the petitions submitted and accepted to the tota l District land/acreage is 56%. The law requires that the petitions cannot represent less than 50% of the assessed valuation and has to represent at least 50% of the acreage of the proposed district. The petitions submitted and a cepted appear to meet these requirements . BID FORMATION At the conclusion of this Publi c Hearing, an emergen cy ordinan c e will be developed to propose c reation of a BID . This emergency ordinance will be considered by City Council at the July 2 4 meeting. The emergency ordinance is being requested by the Mr. Rick Kron , th e attorney repre - senting the South Broadway Englewood BID. Were the ordinan ce to run as under the standard t imeframe, the BID would be unable to meet State statutory requirements . Pursuant to section 1-5- 203 of the Uniform Election Code, the business improvement district must certify the ballot content no later than sixty (60) days prior to the November 7, 2 006 general election, whi ch in this case means that the district would need to certify its ballot content on or before September 8, 2006. Under the standard ordinance timeframe, the ord inance would not take effect until September 11, 2006. If Englewood runs this as an emergency ordinance, the South Broadway Englewood BID could avoid any argument that the proposed business improvement district had certified ballot content prior to being a legally created political subdivision of the state. In order for the proposed South Broadway Englewood BID to receive revenues, a majority of qualified electors within the proposed district must vote to approve the special assessment in an election to be held in November 2006. The total proposed budget for the first year of operation (2007} is approximately $1 ')0,000. This $100,000 will be levied as a result of the new BID assessments d istrict and will not be a cost to the City of Englewood . These funds will be used for enhancing services beyond existing City services already provided in the proposed BID. FINANCIAL IMPACT There are no direct increased financial impacts to the City of Englewood associated with creation of the proposed South Broadway Englewood Business Improvement District. LIST OF ATTACHMENTS Co lorado Rev ised State Statute § 31 -25 Part 12 -Busin ess Improv em ent Di stri c t s M emo fro m C ity C le rk , Jun e 2 9 -Peti t io n Fi ndin gs BID Operating Plan BID Petition Form Map showing location of BID Boundary and Exempt Properties Letter from South Broadway Eng lewood BID Steering Committee Source : Colorado Statutes : TITLE 31 GOVERNMENT -MUNICIPAL : POWERS AND FUNCTIONS OF CITIES AND TOWNS : ARTICLE 25 PUBLIC IMPROVEMENTS : PART 12 BUSINESS IMPROVEMENT DISTRICTS PART12 BUSINESS IMPROVEMENT DISTRICTS Law reviews : For article , "Improvement Districts for Colorado Counties, Cities, and Towns ", see 30 Colo . Law . 53 (January 2001 ). 31-25-1202. Legislative declaration. (1) The general assembly declares that the organization of business improvement districts within municipalities of the state, having the purposes and powers provided in this part 12, will serve a public purpose; will promote the health, safety, prosperity, security, and general welfare of the inhabitants thereof, the property owners therein , and all the people of the state ; will promote the continued vitality of commercial business areas within municipalities ; and will be of special benefit to the property within the boundaries of any district created pursuant to th is part 12. (2) The general assembly further declares that the creation of business improvement districts pursuant to this part 12 implements section 18 (1) (d) of article XIV of the state constitution and is essential to the continued economic growth of the state . Source: L. 88: Entire part added, p. 1128, § 1, effective May 6. 31-25-1203. Definitions. As used in this part 12, unless the context otherwise requires: (1) "Board " means the board of directors of a business improvement district. (2) "Commerc ial property" means any taxable real or personal property which is not classified for property tax purposes as either res ident ial or agr icultural. (3) "D istrict" means a bus i ness improvement district formed by a munic ipality pursuant to this part 12 . (4) (a) "Elec tor" means a natural person who is a citizen of the United States and a resident of the State of Colorado, who is e ighteen yea rs of age or older, and who : (I} Makes hi s pri mary dwell ing pl ace in t he d ist rict ; o r (II) Owns taxable real or pe rsona l pro perty wi thin the bounda ri es of the district ; or (Ill) Is the holder of a leasehold interest in taxable real or personal property within the boundaries of the district; or (IV) Is the natural person designated by an owner or lessee of taxable real or personal property in the district which is not a natural person to vote for such owner or lessee. S uch designation must be in w riting an d filed with t he secretary of the district. Only one such person may be designa ted by an ow ner or lessee . (b) Nothing in this subsection (4) shall permit an elector to cast more than one vote . (5) "Improvements" means public improvements, including but not limited to streets, sidewalks, curbs, gutters, pedestrian malls, streetlights, drainage facilities , landscaping, decorative structures, statuaries, fountains, identification signs, traffic safety devices , bicycle paths, off-street parking facilities, benches, rest rooms, information booths, public eeting fac ili ties, and all necessary, incidental, and appurtenant structures and improvements . "Improvements" also ncludes the relocation and Improvement of existing utility lines . (6) "Net effective interest rate" means the net in terest cost of securities divided by the sum of the products derived by multiplying the principal amount of the securities maturing on each maturity date by the number of years from their date to their respective maturities . In all cases , "net effective interest rate" shall be computed without regard to any option of redempt ion prior to the designated maturity dates of the securities. (7) "Net Interest cost" means the total amount of interest to accrue on securities from their date to the ir respective maturities , less the amount of any premium above par, or plus the amount of any discount below par , at which said bonds are being or have been so!d. In all cases , "net interest cost" shall be computed without regard to any option of redemption prior to the designated maturity dates of the securities. (8) "Operating plan" means the operating plan approved by the municipal ity pursuant to section 31-25 -1211 . (9) "Publication" has the same meaning as that set forth in section 32-1-103 (15), C.R.S . (10) "Service area" means the area within the munic ipality which is described in the ordinance creating a district pursuant to this part 12, no less than fifty percent of which area shall have been developed and used as commercial property prior to the adoption of such ordinance and, at the time of the adoption of such ordinance, shall be used primarily as commercial property. Notwithstanding any provision in this subsection (10) to the contrary, the service area may include a location designated by the municipal ity, after public notice and hearing, as a location for new business or commercial development. Property which is not commercial property and which is within the "service area" of a district shall not be subject to the revenue-raising powers of the district until it becomes commercial property and is included within the district's boundaries, as provided in section 31-25-1208 . (11) "Services" means the services described in section 31-25-1212 (1) (f). Source: L. 88: Entire part added, p. 1128, § 1, effective May 6. L. 91: (10) amended, p. 758 , § 1, effective May 20 . Editor's note: Section 9 of chapter 128 , Session Laws of Colorado 1991, provides that section 1 of the act amend ing subsection (10) does not apply to any bus iness improvement district formed prior to May 20, 1991, pursuant to part 12 of article 25 of t itle 31 , unless the board of directors of such district adopts a resolu t ion direct ing that said section 1 applies to such district. 31-25-1204. Authority of governing body. The governing body of every municipal ity is hereby vested with jurisdiction to create and establish one or more districts within the boundaries of the municipality pursuant to the provisions of this part 12 , and such districts shall have all the powers provided in th is part 12 which are authorized by the ord inance creat ing the district , or any amendment to the ordinance , adopted by the governing body. When the approval of the municipality is required by this part 12, such approval shall be given by the governing body or such other board or official of the municipality as may be designated by the c harte r or ordinance s of the mun icipa li ty unless the approval of the mun icipality is expre ssly requ ired by this part 12 . Source : L. 88 : En tire part added , p. 1130 , § 1, effec tive May 6 . ANN OTATION Law reviews. For article, "Economic Development Incentives for Colorado Municipalities", see 19 Colo . Law. 239 (1990). 31 -25 -1205. Organizational procedure. (1) The organization of a district shall be initiated by a petition filed in the office of the clerk of the governing body. (2) The petition shall be signed by persons who own real or personal property in the service area of the proposed district having a valuation for assessment of not less than fifty percent, or such greater amount as the governing body may provide by ordinance, of the valuation for assessment of all real and personal property in the service area of the proposed district and who own at least fifty percent, or such greater amount as the governing body may provide by ordinance , of the acreage in the proposed district. The petition shall set forth: (a ) Th e na me of the proposed d istrict , wh ich shall include a descriptive name and the words "business improvement di tric t"; (b) A general descript ion of the boundaries and service area of the proposed district; (c) A general description of the types of services or improvements or both to be provided by the proposed distr ict ; (d) The names of three persons to represent the pet itioners , who have the power to enter into agreemen ts relating to the organization of the district ; and (e) A request for the organization of the district. (3) The petition shall be accompanied by a bond with security approved by the governing body or a cash deposit sufficient to cover all expenses connected with the proceedings in case the organization of the district is not effected . If at any time during the organ ization proceedings the governing body determines that the bond first executed or the amount of the cash deposited is insufficient in amount, it may require the execution of an additional bond or the deposit of additional cash within a time to be fixed, not less than ten days thereafter , and , upon failure of the petitioners to file or deposit the same, the petition shall be dismissed . Source: L. 88: Entire part added , p. 1130, § 1, effective May 6 . ANNOTATION Valid ity of petitions not dependent upon existence of operating plan and budget so subsequent amendment of operating plan and budget circulated with petitions had no effect. Jensen v. City and County of Denver, 806 P.2d 381 (Colo . 1991) 31-25-1206. Notice of hearing. The governing body, as soon as possible after the filing of the petition, shall f ix by order the place and time, not less ( an twenty days nor more than forty days thereafter , for a hearing thereon . Thereupon, the clerk of the governing body _,,all cause notice by publication to be made of the pendency of the petition, of the service area, boundaries, improvements , and services of the proposed district, and of the time and place of hearing thereon . The clerk shall also cause a copy of said notice to be mailed by first-class mail to each property owner within the service area and boundaries of the proposed district at his last-known address, as disclosed by the tax records of the county or counties in which the municipality is located. No member of the governing body shall be disqualified to perform any duty imposed by th is part 12 by reason of direct or indirect ownership of property with in the serv ice area or boundaries of any proposed distr ict , by reason of relationship to any person who owns property with in the proposed district or service area, or by reason of ownership of or employment by any entity which owns property w ithin the proposed d istrict or serv ice area . Source: L. 88 : En tire pa rt added , p. 1131 , § 1, effective May 6 . L. 91 : Entire section amended , p. 758, § 2 , effective May 20 . Editor's note: Section 9 of chapter 128 , Session Laws of Colorado 1991 , provides that section 2 of the act ame nd ing th is section does not apply to the organization of any proposed district for which a pet ition for organization is filed pr ior to May 20 , 1991 , pursuant to section 31-25-1205. 31 -25 -1207. Hearing -findings -when action barred. (1) On the date fixed for such hearing or at any adjournment thereof, the governing body shall ascertain , from the ta x rolls of the county or counties in which the district is located, the total valuation for assessment of the taxable real a nd personal property in the service area and the classification of taxable property . If it appears that said petiti o n Is not sig ned i n conformity with this part 12 , the governing body sha ll dismiss the petition and adjudge the cost against those exec ut ing th e bond or depositing the cash filed to pay such costs . Noth ing in this section shall prevent the filing of a subseq ue nt pet ition for a s imilar district . (2 ) The findi ngs of th e gove rnin g body upon the question of the genu ineness of the signatures and all matters of fact incidon t to such dete rmina t ion shall be fin al and conclus ive . (3) (D leted by amendment, L. 91 , p. 759 , § 3, effective M a y 2 0, 1991 .) (4) Prior to the organization of the district, the governing body may exclude property from the service area or boundaries of the d istr ict if it deems such exclus ion to be in the best interests of t he dist rict or required by section 31-25 - 1208 . (5) If it appears that an organization petition has been duly signed and presented in conformity with this part 12 , that the allegations of the organization petit ion are true , and that the types of services or improvements to be prov ided by the proposed district are those serv ices or improvements which best sat isfy the purposes set forth in this part 12, the governing body, upon the completion of the hearing, shall, by ordinance , adjudicate all questions of jurisdiction and may , in its sole discretion, declare the d istrict organized , describe the boundaries and serv ice area of the district , and give it the corporate name specified in the petition by wh ich , in all subsequent proceedings, it shall thereafter be known . The district shall be a quasi-municipal corporation and pol it ical subd ivision of the state with all powers and responsibilities thereof. (6) Such ord inance shall finally and conclusively establ ish the regular organization of the district against all persons unless an action, including an act ion for certiorari review , attacking the validity of the district is commenced in a court of competent jurisdiction within sixty days after the effective date of such ordinance . Thereafter, any such action shall be perpetually barred. The organization of sa id district shall no t be directly or collaterally questioned in any suit, action, or proceeding, except as provided in this subsection (6). Source: L. 88 : Entire part added, p. 1131, § 1, effective May 6 . L. 91: Entire section amended, p. 759 , § 3, effective May 20. Editor's note : Section 9 of chapter 128, Session Laws of Colorado 1991, provides that section 3 of the act amending this section does not apply to the organization of any proposed district for which a petition for organization is filed prior to May 20, 1991 , pursuant to section 31-25-1205 . ANNOTATION C ity council compl ied with procedures set forth in this section once percentage of representation based upon petit ion signatures was adjusted to reflect current property owners within proposed business improvement district. Jensen v. City and County of Denver, 806 P.2d 381 (Colo . 1991 ). 31-25-1208. Boundaries -exclusion proviso. (1) The boundaries of a district may consist of contiguous or noncontiguous tracts or parcels of commercial property. No property shall be included within the boundaries of the district which is not commerc ial property. No distr ict may be organi zed wholly or partly with i n an existing district. (2) Notwithstanding any prov ision of th is part 12 to the contrary , no tract of land which is classified for property tax pu rpo ses as residential or agr icultural shall be included in the boundar ies of any district organ iz ed pursuant to this part 12. No pers o na l prop erty wh ic h is si tuated upon re al estate not includ ed i n the boundaries of a d istrict shall be included within such district. If, contrary to the pr ovisions of this section , any such tract, parcel , or personal property is include d in the boundaries of any district , the owners thereof, on petition to the governing body, shall be entitled to have such property excluded from such d istrict free and clear of any contract, obligation , lien , or charge to which it may be liable as a part of such district. (3) If the property tax classification of any tract of land lying within the service area of any district organized under the provisions of th is part 12 has bee n or is c hange d fro m residentia l o r agr icu lt ura l to an y oth er classificati on , such la nds and the personal property thereon shall no longe r be excluded from the boundaries of sa id district and sha ll be su bject to a ll obligat ions , liens , or charges of such district on and after January 1 of the year following such change . Sou rce : L. 88 : Entir e part added, p. 1132, § 1, effective May 6 . ANNOTATION Law reviews . For art icle, "Ec onom ic Development Incent ives for Colorado Mu nici palit ies ", see 19 Colo . Law . 239 (1990). I .... 31-25-1209. Board of directors· duties. (1) (a) Except as otherwise prov ided in this subsection (1 ), t he govern ing body of t he mun icipal ity which creates the ~i strict shall constitute ex officio the board of directors of the distr ict. In such event, the presid ing officer of the govern ing body shall be ex officio the presid ing officer of the board , the clerk of the govern ing body shall be ex offic io the secretary of the board, and the treasurer of the municipality shall be ex officio the treasurer of the board . A quorum of the governing body shall constitute a quorum of the board . (b) The governing body of the municipality may, at any time, prov ide by ordinance for the creation of a board of directors of the district consisting of not fewer than five members . Each member shall be an elector of the district appo inted by the governing body or, if designated by the governing body, by the mayor of the municipality; except that, if possible , no more than one-half of the members of the board may be affil iated with one owner or lessee of taxable real or personal property in the district. Each member shall serve at the pleasure of the mun icipality. Within thirty days after a vacancy occurs , a successor shall be appointed in the same manner as the origina l appointment. With in th irty days after his appointment, except for good cause shown , each member shall appear before an officer authorized to administer oaths and take an oath that he will faithfully perform the duties of his office as requ ired by law and will support the constitution of the United States, the state constitution , and laws made pursuant thereto . A majority of the members shall constitute a quorum of the board . The board shall elect one of its members as presiding officer, one of its members as secretary, and one of its members as treasurer . The office of both secretary and treasurer may be filled by one person . (c) If more than one-half of the property located within the district is also located within an urban renewal area , a downtown development authority, or a general improvement district, the governing body of the municipality may, at any time , provide by ordinance that the govern ing body of the urban renewal authority, downtown development authority, or general improvement district created by the municipality shall const itute ex officio the board of directors of the district. In such event, the officers of such entity shall be ex officio the officers of the board . A quorum of the board of directors of such entity shall constitute a quorum of the board . (d} If the pet it ion i nitiating the organization of the district or any subsequent pet ition signed by persons who own real l • personal property in the service area of the proposed distr ict hav ing a valuation for assessment of not less than fifty ,.,ercent , or such greater amount as the governing body may prov ide by ordinance , of the valuation for assessment of all real and personal property in the service area of the proposed district and who own at least fifty percent, or such greater amount as the governing body may prov ide by ordinance , of the acreage in the proposed district so specifies, the members of the board of the district shall be elected by the electors of the district. If such a petition is approved, the terms of members of the board shall be specified by ordinance of the govern ing body and shall be the same as the terms of directors of special d istr icts pursuant to article 1 of title 32, C .R.S . The initial election for members of the board shall be held within s ixty days after approval of the ordinance organ iz ing the district or the filing of any subsequent pet it ion . All subsequent elections for members of the board shall be on the regular election date spec ified in article 1 of t itle 32 , C.R.S ., for spec ial d istricts . The number of directors , the quorum requ irements , and the oaths of office shall be the sa me as those prov ided for directors of spec ial districts pursuant to article 1 of title 32 , C .R.S . Any vacancy on the bo ard shall be filled in the same manner as prov ided in par agra ph (b} of th is subsect ion (1 }. Until the members of the board are elected a nd qu alified, th e governing body shall se rve as the board of the dist ri ct. Elections pursuant to th is paragraph (d} sha ll be he ld in acco rdance wi th the pr ov isio ns of pa rt 8 of artic le 1 of titl e 32, C .R.S . The cost of any election held pursuant to this paragraph (d} shall be borne by the district. (e} The governing body of the municipality may remove a member of the board of a district or the entire board thereof for inefficiency or neglect of duty or misconduct in office, but only after the member or the board has been given a copy of the charges made by the governing body against such member or such board and has had an opportunity to be heard in person or by counsel before the governing body. In the event of the removal of any member of the board or of the board pursuant to this paragraph (e}, the governing body shall file in the office of the clerk thereof a record of the proceedings , together with the charges made against the member or the board and the findings thereon . (f} Ten percent of the electors of a district may petition the governing body of the municipality for the removal of a member of the board of the district or of the entire board thereof for inefficiency or neglect of duty or misconduct in office , and the governing body may remove the member or the board, but only after the member or the board has been 'ven a cop y of the charges made against such member or such board and has had an opportunity to be heard in ,.,erson or by counsel before the governing body . In the event of the removal of the member or of the board pursuant to th is paragraph (i), the governing body shall file in the office of the cler k thereof a record of the proceedings, together w ith the charges made against the member or the board and the findings thereon . (2) The board shall adopt a seal. The secretary shall keep , in a well -bound book , a record of all proceedings , minutes of meetings , certificates , contracts , and corporate acts of the board, which shall be open to inspection by the electors of the district and other interested parties . The treasure r shall keep permanent records containing accurate accounts of all money received by and disbursed for and on behalf of the district and shall make such annual or other reports to the municipal ity as it may require . All budgets and f inanc ial records of the d istrict , whether governed by a separate board or by the governing body of the mun icipal ity , shall be kept in comp li ance with parts 1 and 5 of art icle 1 of title 29 , C .R.S . (3) Each member of the board of a district or the governing body of the munic ipality or other entity acting ex officio as the board of a district is required to disclose any potential conflicting interest in any transaction of the district pursuant to section 18-8-308, C.R.S . A board member w ith a potential conflicting interest in a district transaction may not participate in the cons iderat ions of and vote on the transaction , may not attempt to influence any of the contracting parties, and may not act directly or indirectly for the board in the inspection, operation, administration, or performance of any contract related to the transaction . Ownership, in and of itself, by a board member of property within the district shall not be cons idered a potential conflicting interest. (4) When the governing body of the municipality establishes a board of directors pursuant to paragraph (b), (c), or (d) of subsection (1) of this section, it may set such conditions, limitations, procedures, duties, and powers under which the board shall conduct its business. Such conditions and limitations may be in the form of a binding contract on both the governing body of the municipality and the board and may include provisions requiring the dissolution of the board after a specified length of time, at which time the governing body of the municipality shall assume all powers and duties of the district, including the payment of any outstanding indebtedness. Source: L. 88: Entire part added , p . 1132, § 1, effective May 6. L. 91: (1 )(b) amended, p. 760 , § 4, effective May 20 . Editor's note: Section 9 of chapter 128, Sess ion Laws of Colorado 1991, provides that section 4 of the act amend i ng subsection (1 }(b} does not apply to any business improvement distr ict formed prior to May 20 , 1991 , pursuant to part 12 of article 25 of title 31 , unless the board of directors of such district adopts a resolution directing that said section 4 appl ies to such district. 31-25-1210. Meetings. Upon notice to each member of the board, the board shall hold meetings , which shall be held in a place to be designated by the board as often as the needs of the district require. The meetings of the board shall be subject to the provisions of part 4 of article 6 of title 24, C .R.S . The board shall act by resolution or motion . Source: L. 88: Entire pa rt added , p. 1134, § 1, effective May 6 . L. 91: Entire section amended , p. 821 , § 7, effective Ju ne 1. 31-25-1211. Approval of actions by municipality. No district created under the provisions of this part 12 shall issue bonds, levy taxes, fees, or assessments or provide improvements or services unless the municipality has approved an operating plan and budget for the district. The operating plan or budget shall specifically identify the services or improvements to be provided by the district, the taxes , fees, or assessments to be imposed by the district, the estimated principal amount of bonds to be issued by the district, and such additional information as the municipality may require. The district shall file an opera t in g plan and its pr opo sed budget for the nex t fiscal year with the clerk of the municipality no later than Se pte mb er 30 of each yea r. All of the business records of the district shall be considered public rec ords , as defined in section 24-72-202 (6), C.R.S ., and sha ll promptly be made available to the municipality upon request. For the purposes of this secti o n, t he business records of the district shall not include the bus iness records of the owners of property in the district. The municipality may require the district to supplement the district's operating plan or budget where necessary . The munici pality shall approve or disapprove the operating plan and budget within thirty days after receipt of such operating plan and budge t and all requested documentation relat in g thereto , but not later than December 5 of the year in which such documen ts are filed . Thereafter , th e services, impro vem ents , and financial arrangements of the dis trict shall conform so far as practicable to the oper ting plan and the budget. The operat in g plan and the budget may , from time to time , be amended by the district with the app roval of the municipality in subs tant iall y the same manner as the process for formulating the operat ing plan nd budg t for e ch year . Any ma ter ial departure from the operating plan and the budget , as or iginall y approved or am nd d from time to time , may be enjoined by an order of the municipa lity filed with the board . ( Source: L. 88: Entire part added, p. 1135 , § 1, effective May 6. L. 91: Entire section amended , p. 760, § 5, effective May 20. 31-25-1212. General powers of district. (1) The district has the following powers, except as limited by the operating plan : (a) To have perpetual existence; (b) To have and use a corporate seal; (c) To sue and be sued and be a party to suits, actions, and proceedings; (d) To enter into contracts and agreements, except as otherwise provided in this part 12, affecting the affairs of the district, including contracts with the United States and any of its agencies or instrumentalities ; (e) To borrow money and incur indebtedness for the purposes of the district and evidence the same by certificates, warrants, notes, and debentures and to issue negotiable bonds in accordance with the provisions of this part 12; (f) To provide any of the following services within the district: (I) Consulting with respect to planning or managing development activities; (II) Maintenance of improvements, by contract, if it is determined to be the most cost-efficient; {Ill) Promotion or marketing of district activity; (IV) Organization, promotion , marketing, and management of public events; (V) Activities in support of business recruitment, management, and development; (VI) Security for businesses and public areas located within the district; (VII) Snow removal or refuse collection, by contract, if it is determined to be the most cost-efficient; (VIII) Prov iding design ass istance ; (g) To acqui re , construct, finance , install , and operate the im provements contemplated by this part 12 and all property, rights, or in terests incidental or appurtenant thereto and to dispose of real and personal property and any interest therein, including leases and easements in connection therewith; {h) To refund any bonds of the district pursuant to article 56 of title 11, C.R.S.; (i) To have the management, control, and supervision of all the business and affairs of the district and of the acquisition, construction, financing, installation, and operation of district im provements and the financing and operation of district services therein; (j) To construct and install improvements across or along any public street, alley, or highway and to construct works across any stream of water or watercourse. The district shall promptly restore any such street or highway to its former sta te of usefulness as nearly as possible and shall not use the same in such manner as completely or unnecessarily to impair the usefulness thereof. The use and occupation of streets, alleys, and highways and the construction or stallation of improvements by any district shall be in accordance with the provisions of all applicable municipal rdinances and state law and with such reasonable rules and regulations as may be prescribed by either the municipality affected or the department of transportation . Plans and specifications of proposed improvements shall be approved by the municipality before construction or installation of improvements is commenced . Plans and specifications of proposed district improvements across or along any street or highway which is part of the state highway system for wh ich the department of transportat ion has Jurisd ict ion shall be approved in wr it ing by the department of transportation before such improvements may be constructed or installed . Such approval by the department of transportat ion , if granted, shall not relieve the district of any responsibility for such improvements . (k) To fix, and from t ime to time increase or decrease , rates , tolls , or charges fo r any services or improvements furnished by the district. The board may pledge such revenue for the payment of any bonds of the district. Until paid, all rates , tolls , or charges shall constitute a perpetual lien on and against the commercial property served within the boundaries of the district, and any such lien on personal property or any such lien on real property may be foreclosed in the same manner as provided in article 20 of title 38, C.R.S ., or article 22 of title 38 , C.R.S ., respectively . The board may shut off or discontinue service for delinquencies in the payment of such rates , tolls , or charges or for delinquencies in the payment of taxes levied pursuant to th is part 12 and shall prescribe and enforce rules and regulations for connect ing with and disconnecting from such serv ices and facilities . (I) To appoint an advisory board of owners of property within the boundaries of the district and provide for the duties and functions thereof; (m) To hire employees or retain agents, engineers, consultants, attorneys , and accountants ; (n) To adopt and amend bylaws not in conflict with the constitution and laws of the state or with the ordinances of the municipality affected for carrying on the business, objects, and affairs of the board and of the district; and (o) To exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this part 12. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 12 . Source: L. 88: Entire part added, p. 1135 , § 1, effective May 6 . L. 91: (1)(j) amended, p. 1070, § 43, effective July 1; (1 )(k) amended , p. 761, § 6, effective May 20 . 31-25-1213. Power to levy taxes. In addition to any other means of providing revenue for a d istrict , the board has the power to levy and collect ad valorem taxes on and against all taxable commercial property, as defined in section 31-25-1203 (2), within the boundaries of the district. Such taxes shall be specified in the petition organizing the district pursuant to section 31 -25- 1205 . If such taxes are not so specified in the petition , then an election prior to the levying of such taxes must be held within the district. Elections held pursuant to this section shall be held in accordance with the provisions of part 8 of article 1 of title 32 , C.R.S. The cost of any election held pursuant to this sect ion shall be borne by the district. Such taxes shall be levied in accordance with the prov isions of part 3 of article 1 of title 29 , C .R.S . Source : L. 88: Ent ire part added , p. 1137 , § 1, effect ive May 6 . ANNOTATION Exclusion of apartments and boarding houses from levy and collection of ad va lorem taxes on taxable commercial property by business improvement district pursuant to this section does not violate uniformity requirement of section 3 (1 )(a) of article X of state constitution as legislature's classification of apartments and boarding houses as residential property is reasonable. Jensen v. City and County of Denver, 806 P.2d 381 (Colo . 1991). 31-25-1214 . Determining and fixing rate of levy . The board shall determine the amount of money necessary to be raised by a lev y on the taxab le property in the district , taking into consideration other sources of revenue of the district, and shall fix a ra te of lev y which, when levied upon every dollar of the valuation for assessmen t of taxable property within the district t og eth er wi t h other revenues , sha ll raise the amount required by the district during the ensuing fiscal yea r to supp ly funds for paying the expenses of organ iza tion and the costs of providing the services of the district and acquiring, constructing, installing, and operating the impr ovements or works of the d istric t and promptly to pay in full when due all interest on and principal of bonds and other obligations of the district. In the event of accruing defaults or deficienc ies , additional levies may be made as prov ided in sec tion 31-25-12 15 . In accordance w ith the time schedule provided in section 39 -5-128 , C .R.S ., the board shall ce rtify to the board of coun ty commissioners of each county in which the district or a port ion thereof lies the rate so fixed 1n order that , at the time and in the manner required by law for the levying of taxes , such board of county commissio ners shall levy such tax upon the valuation for assessment of all taxable property within the district. 31-25-1215. Levies to cover deficiencies . The board , in certifying annual lev ies, shall take into account the matur i ng indebtedness for the current and ensuing ,.ear as prov ided i n its contracts , maturing bonds , and interest on bonds and the deficiencies and defaults of prior years and shall make ample prov isions for the payment thereof. In case the moneys produced from such levies , together with other revenues of the district , are not sufficient to pay punctually the annual installments on its contracts or bonds and interest thereon and to pay defaults and deficiencies , the board , from year to year , shall make such additional levies of taxes as may be necessary for such purposes , and , notwithstanding any lim itations , such taxes shall be levied and shall continue to be levied until the indebtedness of the district is fully paid . Source: L. 88: Entire part added , p . 1137, § 1, effect ive May 6. 31-25-1216 . County officers to levy and collect taxes -lien. It is the duty of the body having authority to levy taxes within such county to levy the taxes certified to it as provided in this part 12. It is the duty of all officials charged with the duty of collecting taxes to collect and enforce such taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected and , when collected, to pay the same to the district ordering its levy and collection . The payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district. All taxes levied under this part 12, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same shall constitute a lien, until paid , on and against the property taxed, and such lien shall be considered the same type of lien as that for all other general taxes. Source: L. 88: Entire part added, p . 1138, § 1, effective May 6. 31-25-1217. Property sold for taxes. The taxes provided for in this part 12 shall be included as a part of general ad valorem taxes and shall be pa id and ( illected accordingly . The sale of propert ies for de li nquencies shall be conducted in the manner provided by the statutes vf this state fo r selling property for nonpayment of other ad valorem taxes . Source: L. 88: Entire part added , p . 1138 , § 1, effective May 6. 31-25-1218. Reserve fund. When any indebtedness has been i ncurred by a distr ict, it is lawful for the board to levy taxes and collect revenue for the purpose of crea t ing a rese rve fund in such amount as t he board may determ ine, which may be used to meet the ob li gations of the dis tr ict for operating c harges and depreciat ion and to provide extensions of and betterments for the improve ment s of the district. Source : L. 88 : Entire part added , p . 1138 , § 1, effective May 6. 3 1-25-1219. Special assessmen ts. (1) In order to defray all or any portion of the costs of the improvements provided by the district , the board may est abl ish s pec ial improvement districts w ithin the boundaries of the distr ict. Such special improvement districts may be es tabl ished whenever in the opinion of the board property in the district will be especially benefited by such improvem e nts . The method of creating spec ial improvement districts, making the improvements , and assessing the co sts th ereof shall be as provided in part 5 of this article ; except that the electors eligible to vote on the question shall be elector s as defined in sectio n 31 -25 -1203 (4) of the district or the special improvement district , as determined by the bo ard , th e boa rd sha ll perfo rm t he dut ies of the govern ing body, the secretary of the district shall perform the duties of the clerk, an d th e im prov emen ts w hich ma y be co nstru c ted shall be the improvements which the district is perm itted to prov ide pursua nt to this part 12 . ( (2) (a) In order to defray all or an y po rti on of the cos ts of prov idi ng se rvices , the board may impose spe ci al assessments wholly or in part upon real prop erty located w ithi n the bo un da ri es of the d is trict. Pr ior to impo si ng a spe cial assessment, the board shall adopt a resolution setting a date, wh ich sh all be not less than twe nty days nor more than forty days after the adoption of the resolution, a time, and a location for a hearing on the ques tion of the imposition of such special assessment and the benefit to be derived by the property upon which such special assessment will be imposed . The resolution shall i nclude a form of notice , wh ich shall describe the property on which the assessment shall be levied , the purposes for wh ich the assessment is to be levied , the proposed method of assessment and the manner of payment thereof, and the right of the owners of the property to be assessed to file a remonstrance pet ition . Thereupon, the board shall give the notice by publication and cause a copy of sa id notice to be ma iled by first-class mail to each owner of the property to be assessed at his last-known address , as disclosed by the tax records of the county or counties in wh ich the district is located . (b) On the date and at the time and place specified in the notice, the board shall conduct a hearing for the purpose of cons ideri ng the desirability of and the need for providing the service and impos ing the assessment therefor and determ ining the special benefits to be received by the properties to be assessed . No assessment shall be imposed if a remonstrance petition objecting to the assessment and signed by the owners of the property wh ich would bear more than one -half of the proposed assessment is filed with the board prior to or at the hearing . After the hearing, the board shall adopt a resolution either approving or disapproving the proposed assessment. The resolution shall apportion the relative benefits to the real properties benefited by the service . Thereafter, the board shall cause to be prepared a local assessment rol l. All assessments shall be due and payable at the time and place specified in the assessing resolution and said assessments shall become delinquent if not paid with thirty days of such due date . (c) The board shall cause to be ma iled by first-class mail to each owner of property specified on the assessment roll a notice of the amount of the assessment, the due date, and a statement that the assessment shall constitute a perpetual lien from the date of mailing of the notice in the amount assessed against each lot or tract of land , and a statement that such lien shall have priority over all other liens except general tax liens . As to any subsequent subdivision of any lot or tract of land assessed , the assessment may be apportioned by the board in such manner, if any, as may be provided in the assessing resolution . If any court of competent jurisdiction sets aside any assessment for irregularity in the proceedings , the board may make a new assessment in accordance with the provisions of this subsection (2). If an assessment is not paid within thirty days after its due date , penalty interest on the amount of the assessment shall accrue at the rate established pursuant to section 5-12-106 (2) and (3), C.R.S ., until the date of sale or payment. (d) The assessments imposed by th is section shall be collected by the officer of the district designated in the as sessment resolution or , by agreement with the municipality, by the municipal treasurer. In the case of a defaul t in the payment of any assessment , the collection officer shall certify to the county treasurer the whole amount of the unpaid assessments . The county treasurer shall advertise and sell all property concerning which such a default has occurred for the payment of the whole of the unpaid assessment , plus penalties and costs of collection. Such advertisement and sale shall be made at the same times , in the same manner, under all the same conditions and penalties , and with the same effect as provided by general law for sales of real estate and default of payment of the general property tax. Source : L. 88 : Ent ire part added , p. 1138 , § 1, effective May 6. L. 96: (1) amended , p . 1770 , § 70 , effective July 1. 31-25-1220. Inclusion or exclusion -petition -notice -hearing. (1) Th e boundaries of any di stri ct organ iz ed under the prov isi on s of th is pa rt 12 may be changed in the manner presc ribed in th is sec tion , bu t th e chang e of bound aries of the dis tr ict shall not im pa ir o r affect its organiza t ion or its rights in or to property or any of its rights or privileges whatsoever, nor shall it affect or impair or discharge any contract, obligation, lien , or charge for or upon which the district might be liable or chargeable had any such change of boundaries not been made . The owners of property proposed to be included or excluded may file with the governing body a petition, in writing, requesting that such property be included in or excluded from the district. The petition shall describe the property owned by the petitioners and shall be verified . The petition shall be accompanied by a deposit of moneys sufficient to pay all costs of the inclusion or exclusion proceedings . The clerk of the governing body shall cause notice of the filing of such petition to be given and publ ished, whic h notice shall state the filing of such petition, the names of the petitioners, descriptions of the propert y sought to be inclu ded or excluded, and the request of said petitioners . (2) Such notice shall inform all persons having objections to appear at the time and place stated in said notice and show cause why the petition should not be granted . The governing body, at the time and place mentioned or at any time to which the hearing may be adjourned, shall proceed to hear the petition and all objections thereto which may be pr sented by any person showing cause why said petition should not be granted . The failure of any interested person to show cause shall be deemed as an assent on his part to the inclusion or exclusion of such property as requested for in the petit ion . If the change of boundaries of the district does not adversely affect the district and if the petition is granted, the governing body shall adopt an ordinance to that effect and file a certified copy of the same with the county clerk and recorder of the county in which the property is located . Thereupon, said property shall be included or excluded from the distric t. -- (3) All property included within or excluded from a district shall thereafter be subject to the levy of taxes for the ayment of its proportionate share of any indebtedness of the district outstanding at the time of inclusion or exclusion . Source: L. 88: Entire part added, p. 1139, § 1, effective May 6 . L. 91: (2) amended, p . 761, § 7, effective May 20. 31-25-1221. Board can issue bonds -form. To carry out the purposes of this part 12, the board, with the approval of the municipality if the board is appointed pursuant to section 31-25-1209 (1) (b) or (1) (c), is hereby authorized to issue bonds of the district. Such bonds shall bear interest at a rate such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate authorized, payable at such times as determined by the board, and shall be due and payable in installments at such times as determined by the board extending not more than twenty years from the date of issuance. The form and terms of said bonds, including provisions for their sale, payment, and redemption, shall be determined by the board . If such bonds are payable from the general ad valorem taxes of the district , such bonds shall not be issued unless first approved at an election held pursuant to section 31-25-1222 . Bonds payable solely from revenues derived from sources other than the district's general ad valorem tax may be issued without an election . If the board so determines, such bonds may be redeemable prior to maturity, with or without payment of a premium, but no premium shall exceed three percent of the principal thereof. The bonds shall be executed in the name of and on behalf of the district and signed by the presiding officer of the board with the seal of the district affixed thereto and attested by the secretary of the board. Such bonds shall be in such denominations as the board shall determine. Interest coupons, if any, shall bear the original or facsimile signature of the presiding officer of the board . Under no circumstances shall any of said bonds be held to be an indebtedness, an obligation, or a liability of the municipality in which the district is located, and bonds issued pursuant to the provisions of this part 12 shall contain a statement to that effect. Source: L. 88: Entire part added , p. 1140, § 1, effective May 6. 31-25-1222. Submission of debt question. (1) When any board determines that the interest of said district and the public interest or necessity demand the acquisition , construction, installation, or completion of any improvements or the provision of any service within the district or the making of any contract with the United States or with any person or corporation to carry out the objects or purposes of said district requiring the creation of an indebtedness, said board shall order the submission to the electors of the proposition of issuing such obligations or bonds or creating other indebtedness at an election held for that purpose. Such election shall be held and conducted and the results thereof declared in the manner provided in part 8 of article 1 of title 32, C .R.S . Any such election may be held , on any date selected by the board, separately or may be consolidated or held concurrently with any other regular or special election. The declaration of public interest or necessity required and the provisions for the holding of such election may be included with in one and the same resolution , which , in add ition to such declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be , the amount of the principal of the indebtedness to be incurred therefor, and the maximum net effective interest rate to be pa id o n such indebtedness. (2) Such resolution shall also fix the date upon which such election shall be held and the manner of haloing the same and the method of voting for or against the incurring of the proposed indebtedness or the making of the proposed contract. Such resolution shall appoint a designated election official and provide for the duties thereof. (3) (Deleted by amendment, L. 96 , p. 1771, § 71, effective July 1, 1996.) Source: L. 88 : Entire part ad ded , p. 1141, § 1, effective May 6 . L. 96: (2) and (3) amended, p. 1771 , § 71, effective July 1. 31-25-1223 . Effect -subsequent elections. If any such proposition is approved at such election in the manner required by part 8 of article 1 of title 32, C.R.S., ,e district is authorized to incur such indebtedness or obligation , enter into such contract, or issue anc .. sell such bonds of the district, as the case may be, all for the purposes and objects specified in the propos ition submitted, in the amount so provided, and at a rate of interest such that the maximum net effective interest rate specified in the proposal is not exceeded . The bonds may be sold at public or private sale , as determined by the board to be in the best interests of the district. Submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent elections called for such purpose. Source: L. 88: Entire part added , p. 1141 , § 1, effective May 6. 31-25-1224. Confirmation of contract proceedings . (1) In its d iscretion, the board may file a petition at any time in the district court in and for any county in which the district is located , praying for a jud icial examination and determination of any power conferred , or of any secur ities issued or merely authorized to be issued, or of any taxes, assessments , or service charges levied or otherwise made or contracted to be levied or otherwise made, or of any other act , proceed ing , or contract of the district, whether or not such act, proceeding, or contract has been taken or executed, including proposed contracts for any improvement, proposed securities of the district to defray wholly or in part the cost of the proj ect, and the proposed acquisit ion, improvement, equipment, maintenance , operation, or disposal of any property pertaining thereto (or any combinat ion thereof). (2) Such petition shall: (a) Set forth the facts whereon the validity of such power, securities , taxes, assessments , charges , act, proceeding, or contract is founded ; and (b) Be verified by the presiding officer of the district. (3) Such action shall be in the nature of a proceeding in rem , and jurisdiction of all parties interested may be had by publication and posting , as provided in this part 12. (4) Notice of the f iling of the pet it ion shall be given by the clerk of the court , under the seal thereof, stating in br ief outline the contents of the petition and showing where a full copy of any proceeding or contract therein mentioned may be exam ined. (5) The notice shall be served : (a) By publ ication at least once a week for five consecutive weeks by f ive weekly i nsert ions in a newspaper of general circulation in the municipality in which the district is located ; (b) By posting in the office of the district at least thirty days pr ior to the date fixed in the notice for the hearing on the pet it ion . (6) J uris d iction shall be complete after such publicat ion and posting . (7) Any owner of property within the boundaries of the district or any other person interested in the procee d ing or contract or proposed proceeding or proposed contract or in the premises may appear and move to dismiss or answer the petition no less than five days prior to the date fixed for the hearing or within such further time as may be allowed by the court. The petition shall be taken as confessed by all persons who fail so to appear. (8) The petition and notice shall be sufficient to give the court jurisdiction, and, upon hearing , the court shall examine into and determine all matters and things affecting t he question su bmi tt ed, sha ll make such findings with reference th ereto , an d shall render such judgment and decree thereon as the case warrants . (9) Costs may be divided or apportioned among any contesting parties in the discretion of the trial court. ( 1 O) Review of the judgment of the court may be had as in other similar cases; except that such review shall be app lied for within thirty days after the time of the rendition of such judgment or within such additional time as may be allowe d by the court w ithin th irt y days . (11) The Colorado rules of civil procedure shall govern in matters of pleading and practice where not otherwise sp cified in this part 12 . (12) The court shall disregard any error, irregularity , or omission which does not affect the substantial rights of the parties . (13) All cases in which there may arise a question of the validity of any matter provided for under this section shall be advanced as a matter of immediate public interest and concern and shall be heard at the earliest practicable moment. Source: L. 88: Entire part added , p. 1141 , § 1, effective May 6. 31-25-1225. Dissolution procedure. Any district organized pursuant to this part 12 may be dissolved after notice is given, publication is made, and a hearing is held in the manner prescribed by sections 31-25-1206 and 31-25-1207. The dissolution of the district may be initiated by filing in the office of the clerk of the governing body either a petition signed by the persons described in section 31-25-1205 (2) or, in the case of a district which has not filed an operating plan and budget as required by section 31-25-1211 for two years, a resolution of the governing body . After hearing any protests against or objections to dissolution and if the governing body determines that it is for the best interests of all concerned to dissolve the district, it shall so provide by an effective ordinance, a certified copy of which shall be filed in the office of the county clerk and recorder in each of the counties in which the district or any part thereof is located. Upon such filing, the dissolution shall be complete . However, no district shall be dissolved until it has satisfied or paid in full all of its outstanding indebtedness, obligations, and liabilities or until funds are on deposit and available therefor. Notwithstanding any other provision of this section, upon petition of persons who own real or personal property in the service area of the proposed district having a valuation for assessment of not less than fifty percent, or such greater amount as the governing body may provide by ordinance, of the valuation for assessment of all real and personal property in the service area of the proposed district and who own at least fifty percent, or such greater amount as the governing body may provide by ordinance, of the acreage in the proposed district, the district shall be prohibited from incurring any new or increased financial obligations , shall impose its existing taxes, fees, and assessments solely to meet any existing financial obligations , and shall be dissolved as soon as the district has no outstanding financial obligations . Source: L. 88 : Entire part added , p . 1143, § 1, effective May 6. L. 91: Entire section amended , p. 762, § 8, effective May 20 . 31-25-1226. Correction of faulty notices. In any case that a notice is provided for in this part 12 i n which the govern ing body finds for any reason that due notice was not given , the governing body shall not thereby lose jurisdiction , and the proceeding in question shall not thereby be void or be abated ; but the governing body, in that case , shall order due not ice given and shall continue the proceed ing until such time as notice is properly given and thereupon shall proceed as though not ice had been properly given in the first instance . Source: L. 88 : Ent ire part ad ded , p . 1143 , § 1, effecti ve May 6. 31 -25-1227 . Department of transportation and municipal iurisdiction unimpa i red . Nothing in this part 12 shall affect or impair the control and jurisdiction which the department of transportation has over streets and highways which are part of the state highway system or which a municipality has over a ll pr op erty within its boundaries . All powers granted by this part 12 shall be su bject to such control and jurisdiction . Sourc e: L. 88 : Entire part added, p. 1143, § 1, effective Ma y 6. L. 91 : Entire section amended, p. 1070 , § 44 , effective July 1. 31-25-1228 . Method not exclusive. Nothing in this part 12 shall repeal or affect any other law or any part thereof, it being intended that this part 12 shall ,Jrovide a separate method of accomplishing its objects and not an exclusive one . Source: L. 88 : Entire part added, p . 1143, § 1, effective May 6 . MEMORANDUM TO: Dan Brotzman, City Attorney FROM: Loucrishia Ellis, City Clef DATE: June 29, 2006 SUBJECT: BID PETITION · FINDINGS On May 15, 2006 the South a.roadway Englewood BID Steering Committee turned in a petition to the City Clerk. In all, the Clerk received 90 petition sections, with 27 petition sections returned to the steering committee for cure. At the end of the cure period, 22 petition sections were resubmitted and 1 new petition section was submitted. The total acreage being proposed for the district is 1,096,051 square feet (25.2 acres), with a valuation of $11,336,790.00. The law requires that the petition cannot represent less than 50% of the assessed valuation and must represent at least 50% of the acreage of the proposed district. The petition appears to represent 56% of the total acreage and 53% of the total assessed valuation. The petition appears to be in the form (with content) as required by State law. CRS § 31-25-1205 (3) states that the petitions must be accompanied by a bond with security approved by City Council or a cash deposit sufficient to cover all expenses connected with proceedings in case the organization of the district is not effected. The Director of Finance and Administrative Services has determined that a cash deposit of $250 .00 is sufficient to cover all expenses connected with the proceedings, if the district is not effected . The City Clerk received the deposit of $250.00 on May 15 , 2006 . cc: Director Gryglewicz, Finance and Administrative Services Director Simpson, Community Development Economic Development Coordinator Hollingsworth I. SUMMARY SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT OPERATING PLAN AND BUDGET The South Broadway Englewood Business Improvement District (BID) is a special assessment district designed to improve the economic vitality and overall commercial appeal of the South Broadway corridor in Englewood. The BID will provide programming and benefits to businesses and commercial properties that will include marketing, promotions, enhanced safety and maintenance. BID services will be in addition to services currently provided by the City of Englewood . BIDs help improve image, increase sales, occupancies and property values and attract new customers and businesses in commercial districts and downtowns throughout Colorado and the country. Here are the main characteristics of the South Broadway Englewood BID : Name : Proposed Boundaries : BID Programs : South Broadway Englewood Business Improvement District (BID). The proposed South Broadway Englewood BID boundary generally encompasses the commercial properties facing the South Broadway corridor from Yale to Highway 285 . A map of the BID boundary is attached for reference. The BID can perform the following kinds of functions within the following general categories (final BID programming will be determined by the BID board): Marketing, Promotions and Image Enhancement: • P ublic re lati ons to p roject a positive image of the South Broadway corridor • Collaborative advertising among South Broadway businesses • Production and packaging of marketing materials including South Broadway map, directory and web site • News letter and other district communications • Market research & stakeholder surveys • Special Events including themed, historical events and ongoing events programming Budget: Special Assessments: Methodology: Assessment: Enhanced Safety & Maintenance • Enhanced safety patrols • More effective communication with Police • Video monitoring • Community and business watch programs • Graffiti cleanup • Sidewalk power washing Special Projects • Banners • Gateways • Signage • Public art • Cosmetic improvements • Other projects as appropriate Total proposed budget for the first year of operation (2007) will be approximately $100,000. Funding for BID services will be raised through a special assessment that will be based upon a combination of commercial land area and first floor commercial building square footage. In order to allocate the costs of the services and improvements to be furnished by the BID in a way that most closely reflects its benefits, the BID will collect a special assessment based upon commercial land area and first floor square footage . There are approximately 1.1 million square feet of commercial land and about 440,000 square feet of commercial first floor building within the proposed BID boundaries. Per Colorado state law, any property that is within the BID boundary and is classified for assessment by the county assessor as residential or agricultural is not subject to the revenue raising powers of the BID and therefore will not be assessed by the BID. Below is a table outlining the assessment based on square foot of lot and square foot of building: Rate per SF of lot .029 Rate per SF of first floor .152 building 2 Term: City Services: District Formation: Financial Approval: Governance: Dissolution: A term of ten (10) years is recommended for the South Broadway Englewood BID. A base level of services agreement between the BID and the City of Englewood will outline the City's current level of services in the BID area, as the City will maintain its existing services . BID services will be in addition to any City services currently provided downtown. The formation of a BID in Colorado requires submission of petitions from owners of real and personal property representing more than 50% of total acreage and assessed value within the district, a public hearing and a City Council ordinance forming the BID. In order to allow for a BID assessment, a majority of qualified electors within the proposed district who actually vote must approve the assessment in an election to be held in November 2006. The BID will be managed by a Board of Directors consisting of five (5) to seven (7) members, all of whom shall be voting members and BID ratepayers. One additional seat (in addition to the 5-7 voting members) shall be reserved for an ex-officio member that shall be a . representative of the City of Englewood. The board will determine annual BID priorities and oversee ongoing management of BID programs. The board shall consist of a majority of real property owners, shall equitably represent geographic areas of the BID and a variety of size and type of property and businesses. A slate of board nominees shall be submitted by a nominating committee to City Council for approval. City Council may, at its discretion, decline to appoint the slate of nominees but if it does so it shall return the entire slate to the nominating committee which shall submit another slate of nominees for consideration by City Council. The BID may be dissolved if property owners representing more than 50% of total acreage and assessed value within the District submit petitions to dissolve it , or if the BID fails to submit an operating budget to City Council for two successive years . 3 II. WHY FORM A BID? There are several reasons why now is the right time to form a Business Improvement District along the South Broadway corridor in Englewood: • Increase Sales, Occupancies and Property Values: More than 1,000 BIDs have been formed throughout North America and are acknowledged as a critical ingredient in commercial area revitalization. BIDs are proven to work by funding improvements and services that enhance the overall vitality of a business district. Success is measured by higher occupancies, sales and property values. Nationally, the BID renewal rate is 99%. • Strengthen the South Broadway Corridor's Competitiveness in the Regional Marketplace: The BID supports a results-oriented set of programs that will produce both short-term and long-term tangible improvements. These improvements and services will help accelerate efforts to attract and retain consumers, visitors, new businesses and investment to South Broadway. • Create a Reliable Source of Funding for South Broadway: A BID will provide a reliable, multi-year source of funding to ensure these programs can continue to showcase and benefit the South Broadway corridor. • Leverage Positive Changes along the South Broadway corridor: There are exciting changes in Englewood-with new businesses and investment creating an eclectic and exciting business mix. The BID will help to ensure that the benefits of the new investment and energy will be spread throughout the South Broadway corridor. • Broaden Private Sector Control and Accountability: The South Broadway Englewood BID will be governed by a board of district property and business owners. Annual BID work plans and budgets will be developed by the board, ensuring that the BID will be directly accountable to those who pay an assessment. New programs will be subject to private sector performance standards and controls. • Create a Unified Voice for the South Broadway Corridor in Englewood: A BID will help broaden the foundation for developing a viable and unified private sector voice for the South Broadway corridor. A BID will unify and enhance the current merchant association efforts, and act as an advocate for the healthy growth and development of the entire BID area. l ( Ill. PROCESS TO CREATE THE BID OPERATING PLAN The Plan for creating a BID along South Broadway in Englewood is the result of a community process in which more than 100 Englewood area property and business owners have participated between the fall of 2005 and the spring of 2006. The City of Englewood, at the behest of a group of merchant and property owners, retained the consulting firm of Progressive Urban Management Associates (P .U.M.A.) to help determine the feasibility of forming a BID . Key steps of the process included : • BID Steering Committee : To guide the consultant team and test the viability of the BID concept, a Steering Committee composed of district property owners and business owners was created . Steering Committee members include : Ted Vasilas, Jon Cook, Doug Cohn, Beth Minnick, Bob Voth, Rick Reese, Brian Verbeck, Steve Schalk and Bob Laughlin. • One-On-One Meetings with Key Property Owners: A series of one- on -one meetings were held with business and property owners in the BID study area to determine their willingness to support a BID . • Stakeholder Focus Groups : To involve property and business owners in the design and development of the plan, two stakeholder focus groups were held in November, 2005 . The focus groups included a survey designed to assess service priorities and whether there was an appetite to support various BID improvements and activities . • Direct Mail Survey: A direct mail survey was sent to property owners with in the Englewood BID study area in November, 2005 . Fifty-five (55) surveys were returned providing additional input for the design of the BID work plan. • Plan Review Workshops/Final Plan : The draft BID work plan and budget were reviewed by the BID Steering Committee and then pre sente d to prop e rty and business owners in two workshops held in early February, 2006 . In put f rom t he works hops a nd Steeri ng Committee led to the completion of the final plan . Top c ommunity priorities that emerged from nearly 100 surveys co'm pleted by participants in o ne-on-o ne meetings a nd focus g ro u ps and respon de nts to t he mai l su rvey incl uded : • Marketing, Promotions & Image En ha nce m e nt • Enhanced Maintenance • Enhanced Safety 5 IV. SOUTH BROADWAY ENGLEWOOD BID OPERATING PLAN As determined by area property and business owners, the top priorities for improvements and activities within the BID study area include: • Marketing and promotions to increase the South Broadway corridor's image as a destination and increase the consumer draw to the corridor. • Enhanced maintenance and safety programs to address nuisance crimes to create a more attractive, safe and appealing area . The following narrative provides recommendations for the first operating year of the BID. The Board may amend program activities in subsequent years within the general categories authorized by state law and in the approved annual operating plan and budget. Final programs and budgets will be subject to the annual review and approval of the BID Board of Directors. BID PROGRAMS Marketing and Promotions: Initiatives are recommended to enhance the overall image and marketability of the South Broadway corridor to attract a wide array of consumers and promote South Broadway shops, restaurants , night clubs and other attractions. The BID Board of Directors will set annual priorities for marketing projects. Options include : • Public relations to raise regional awareness of the South Broadway corridor and its unique restaurants, shops, and attractions . • Map and Directory to help consumers find their way around the corridor and to locate specific venues . • Collaborative Marketing among the various merchants and vendors along the corridor in order to leverage marketing funds a nd resou rces . • S outh Broadway web site that maintains current information on area businesses, special events and contact information for South Broadway Englewood BID personnel and services • Ma r ket research to better understand who is shopping along the corri do r a nd wh at sho ps, se rvi ces, resta urants a nd events are gaini ng the bigg es t con s um er d raw. • Communications inclu di ng t he publicatio n of a periodic newsletter a nd a nnual sta keho lder su rveys to det erm ine the overall satisfact ion with and effectiveness of BID programs . • Sp ecial Events that bring focus and attention to the corridor are encouraged to continue and expand. 6 Enhanced Maintenance and Safety Programs are recommended to improve the overall image, safety and appeal of the South Broadway corridor including: • Enhanced safety patrols • More effective communication with Police • Video monitoring • Community and business watch programs • Graffiti cleanup • Sidewalk power washing Special Projects to enhance the sense of place and esthetic quality of the South Broadway corridor include: • Banners • Gateways • Signage • Public art • Cosmetic improvements V. BID BUDGET The proposed annual BID budget is approximately $100,000, to be raised through a combination of special assessment on commercial lot and building (first floor only) located within the boundaries of the BID. The budget includes provisions for defraying the costs of collecting the special assessments and other expenses normally associated with special assessment processes. Bonds: The BID shall be authorized to issue bonds at the discretion of, and in such amounts as may be determined by, the BID Board of Directors, and subject further to the approval of a majority of BID electors at an election called for the purpose of authorizing such bonds. Fees and Charges: Although the current budget and operating plan do not contemplate imposing rates and charges for services furnished or performed , the BID shall be authorized to impose and collect reasonable fees and charges for specific services as determined by the BID Board of Directors. There are no plans to impose any additional fees and charges beyond the annual BID assessment at this time . 7 VI. ASSESSMENT METHODOLOGY Under Colorado statutes, Business Improvement Districts can generate revenues through several methods, including charges for services rendered by the district, fees, taxes, special assessments , or a combination of any of these. In order to allocate the costs of the services to be furnished by the BID in a way that most closely reflects the benefits conferred upon the businesses and commercial properties in the BID , the BID shall be authorized to determine , impose and collect special assessments based upon both commercial lot and first floor commercial building square footage. · The special assessment methodology is intended to equitably address the intended benefits to South Broadway based upon real property characteristics to achieve the following: BID services will improve overall image and marketability of properties throughout the entire area of the BID, leading to increased occupancies and values. Land square footage is utilized as an assessment variable to distribute the anticipated benefit to property resulting from these services . One-third of the projected BID budget is allocated to land. First floor building square footage is assessed at a higher rate than land. The first floor of real property is expected to benefit from image enhancement activities that increase occupancies and sales , particularly from retail related uses. Two-thirds of the projected BID budget is allocated to the first floor of real property. Second floor and higher building square footage is omitted from the special assessment because these spaces do not provide the same level of economic return as first floor spaces and are less likely to be occupied by retail related uses. The following assessment rates apply to South Broadway Englewood p roperties based upon a database that has been assembled by the City of Eng lew ood utilizing data su pp lied by t he A rapa hoe County A ssessor and G IS technology. Estimated assessment rates on real property for the first operating year of the BID are : Per sq . ft . of Lot Per sq.ft. of main floor of bui ldi nq South Broadway $.029 $.152 Commercial Properties Annual Adju stments : In order to provide adequate funding for the costs of providing its services and improvements in the future , the BID shall be authoriz ed to increase the rates of assessment set forth above not more than fi ve percent (5 %) each year, on a cumulative basis . The assessment will be collected by the Englewood City Treasurer pursuant to an agreement to be entered into by between the BID and Treasurer's Office. VII. BID GOVERNANCE AND PROGRAM MANAGEMENT Governance: The BID will be managed by a Board of Directors consisting of five (5) to seven (7) members, all of whom shall be voting members and BID ratepayers. One additional seat (in addition to the 5-7 voting members) shall be reserved for an ex-officio member who shall be a representative of the City of Englewood. The board will determine annual BID priorities and oversee ongoing management of BID programs. The board shall consist of a majority of real property owners, shall equitably represent geographic areas of the BID and a variety of size and type of property and businesses. A slate of board nominees shall be submitted by a nominating committee to City Council for approval. City Council may, at its discretion, decline to appoint the slate of nominees but if it does so it shall return the entire slate to the nominating committee which shall submit another slate of nominees for consideration by City Council. The BID board will have the following responsibilities : • Prepare and file the annual BID budget in accordance with state legal requirements and ensure compliance with other state laws. • Provide direction and coordination in carrying out BID funded improvements and services. Program Management: In order to manage and implement BID programs, the BID Board of Directors may engage professional staff support in a variety of ways, including: • Employing marketing and events, maintenance or security professionals as full or part-time staff members • Contracting for specific services with private firms The board will make final decisions regarding the operation and daily management of BID services upon its formation. VIII . CITY SERVICES A base level of services agreement between the BID and the City of Englewood will outline the City's current level of services along the South Broadway corridor. BID services will be in addition to any City services currently provided in the BID boundary. 9 IX. TERM The BID will sunset ten years after it begins operations in 2007 (at the end of 2016), unless extended beyond such term by petitions meeting the requirements of state law for organization of a new business improvement district, and such extension is approved by the City Council. 10 ( SAMPLE FIRST YEAR BID OPERATING BUDGET -2007- Revenue BID Assessments Interest, sponsorships Other income Total Expenditures Marketing Options include : • Public relations • Marketing materials (web site , map , directory) • Market research $100,000 $10,000 $110,000 $50,000 • BID ratepayer communications (newsletter blast faxes, emails) • Special events Maintenance & Safety $25,000 Options include: • Enhanced safety patrols • Video monitoring • Community and business watch programs • Graffiti cleanup • Sidewalk maintenance , power washing Special Projects Opti on s Include : • Banners • Gateways • Signage • Public art • Cosmetic improvements Total Expenditure s Operating Reserve (5%) Capital Reserve (5%) Tot al Rese rves TOTAL $25,000 $100 ,000 $5,000 $5,000 $10 ,000 $110,000 11 ( PETITION FOR THE ORGANIZATION OF THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT (BID) The undersigned persons, owners of taxable real or pe rsonal property in the service area of the proposed South Broadway Englewood Business Improvement District or "BID", hereby petition the Mayor and the , '+y Council of Englewood ("City Council") for the organization of said district in accordance with the provisions of the "Business Improvement District Act," Part 12 of Article 25 of Title 31 , Colorado Revised Statutes . In support of this petition, pet itioners state : 1) The name of the proposed district shall be the South Broadway Eng lewood Business Improvement District ("BID" or "proposed district"). 2) The service area of the BID will consist of the area along the South Broadway Corridor in Englewood that encompasses both sides of South Broadway from Yale Avenue on the north to Highway 285 on the south. A map of the proposed BID boundary is attached for reference. The boundaries of the BID include all properties within the service area perimeter which are classified as commercial property as defined in the Business Improvement District Act, Section 31-25-1203(2), C.R.S. 3) The services and improvements to be provided include any services and improvements authorized by the Business Improvement District Act together with all duties and functions authorized by said Act. The initial services and improvements to be furnished by the proposed district include Marketing Services (including public relations , packaged marketing materials, market research and special events), Enhanced Safety and Maintenance Programs (including video monitoring, enhanced patrols, community and business watch programs , graffiti cleanup power wash ing and other services as needed) and Special Projects (including banners, gateways, signage , public art and cosmetic improvements). 4) The services , facilities , and improvements to be provided by the BID are no t intended to du p li cate or su pplant the ser vices, fa cili ti es an d improvem e nt s provided by the City of Englewood within the proposed district boundaries . The BID is being created to provide enhanced and otherwise unavailable services and improvements within its boundaries . 5) The initial services and improvements to be provided by the BID are proposed to be funded by a special assessment on commercia l land and first floo r building square footage. By law, any property that is w ithin the BI D boundary that is classified by the county assessor for property tax purposes as residential or agricultural is not subject to the revenue raising powers of the BID and will not be assessed by the BID. The special assessment shall be calculated based upon land square footage at a rate of $0 .029 per square foot of commercial land and $0 .152 per square foot of first floor of commercial bu il d ing w ith in the BID boundary. The spec ial assessment will be collected by the Englewood City Treasurer or other appropriate entity in a timely fashion in order for BID programs to be funded and operational beginning as early as January 2007 . In order to provid e adequate funding for the costs of providing its services and improvements in the future, the BID shall be authorized, following the special ass ess ment pro ce ss and hearing required by statute, to increase the rates of as se ssment se t forth above by not more than five percent (5%) each year, on a cumul ativ e basis. The BID may utili ze oth er revenue sources authorized by law in the future, including rates, fees, charg es, or differing forms of special assessments as provided by law . 6) Three per son s who repres ent the petitioners and who have power to enter into agre ements relating to the organization of the BID: Ted Vasilas Ted 's Clothiers 34 76 S . Broadway Englewood, CO 80113 Beth Minnick Hawthorn Botanical Company 3440 S . Broadway Engl ewood, CO 80113 Jon Cook Auto Dealer Lending , LLC 1664 S. Broadway Denver, CO 80210 7) T h is petition is signed by persons owning real or personal property in the se rv ice area of the proposed district having a valuation for assessment of not les s than fifty percent of the total valuation for assessment of real and pe rsonal property in the service area as shown on the tax rolls of the County of Arapahoe and by persons owning at least fifty percent of the acreage in the proposed district. 8 ) This petition is filed with a bond or a cash deposit in an amount sufficient, as dete rmin ed by City Counc il, to cover all municipal expenses connected with o rga ni za tion al proceed ings in case the organization of the proposed district is not effec ted. If at any time during the organizational process City Council de termines tha t the amoun t of the initial bond or cash deposit is not s uffi ci ent to cover such costs, it may require the execution of an ad diti o nal bond or the deposit of additional cash, in an amount determined by City Council. Petitioners acknowledge that failure to file such additional bond or deposit within the time fixed, which shall not be less than ten days, will result in dismissal of the petition . WHEREFORE, petitioners respectfu lly requ est the Ci ty Cou n cil to ap prove the org ni za tion of the South Broadwa y Engle wood Business Improvement District, to pprove the Operating Plan and Budget for the sai d proposed dis trict submitted with this P titian, to pprove the slate of the initial five to seven members of the board of directors of the proposed district, and to take such other and further actions as may be necessary to effectuate the organization of said district in accordance with the laws of the State of Colorado and the BID Operating Plan and Budget. [end of text-signatures on following sheets] SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT PETITION WARNING- IT IS AGAINST THE LAW: For anyone to sign this petition with any name other than one's own or to knowingly sign one's name more than once for the same measure or to knowingly sign the petition when not el igible to do so . DO NOT SIGN THIS PETITION UNLESS YOU (OR THE ENTITIY YOU ARE SIGNING FOR) OWN REAL OR PERSONAL PROPERTY IN THE PROPOSED DISTRICT. Do not sign this petition unless you have read or have had read to you the petition i n its entirety and understand its meaning. · Printed Name of Property Owner/Petitioner: Authorized Signature: Date of Signature:. __________________ _ Street address and/or description of taxable property located in the proposed South Broadway Englewood Business Improvement District represented by the above signature: Street address : Englewood, County of Arapahoe, State of Colorado. Real property _____ Personal property ____ _ Your signature must be witnessed by a Notary Public unless you sign in front of a Petition Circulator Notarization: STATE OF COLORADO COUNTY OF ARAPAHOE } } ss . The foregoing petition signature was subscribed or acknowledged before me this ___ day of _______ , 2006 by as ________ _ (name) (title, if applicable) of ________________ _ (name of entity owning property, if applicable) Notary Public My commission expires:. ________________ _ - AFFIDAVIT OF AUTHORITY Required if record title to property is held by a Corporation, Partnership, LLC, LLP or any other entity that is not a natural person If property owner of record is a Corporation or Limited Liability Company (LLC), complete the following affidavit: I, (print name) do solemnly swear or affirm that I hold the following office with , the record owner of the property within the service area of the proposed South Broadway Englewood Business Improvement District represented by and described on the foregoing Petition, that I signed the Petition for the formation of said district on behalf of the owner of said property, and that I am authorized to sign the Petition on behalf of the said owner. Date: ___________ _ Signature: ___________________ _ Office Held: _________________________________ _ If property owner of record is a Partnership or Limited Liability Partnership (LLP), complete the following affidavit: I, (print name) do solemnly swear or affirm that I am a general partner in the partnership which is the record owner of the property within the service area of the proposed South Broadway Englewood Business Improvement District represented by and described on the foregoing Petition, that I signed the Petition for the formation of said district on behalf of the said owner, and that I am authorized to sign the Petition on behalf of the said owner. Date:____________ Signature : ___________________ _ Office Held : _____________ _ Your signature must be notarized by a Notary Public unless you sign this petition before a petition circulator. Notarization: STATE OF COLORADO COUNTY OF ARAPAHOE } } ss. The foregoing affidavit was subscribed and affirmed, or sworn to, before me This ______ day of ______ , 2006, Notary Public SEAL My commission expires : ______________ _ ( ( AFFIDAVIT OF CIRCULATOR STATE OF COLORADO } COUNTY OF ARAPAHOE } ss . The undersigned, being a citizen of the U.S . and first duly sworn upon oath, hereby affirms and states : I have read and understand the laws governing the circulation of petitions; I circulated the foregoing Petition section for the organization for the South Broadway Englewood Business Improvement District; each signature on said Petition section was affixed in my presence; each signature on said Petition section is the signature of the person whose name it purports to be; I was eighteen years of age or older at the time the Petition was circulated for signature and signed by the petitioners; I have not paid and will not in the future pay and I believe that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to affix the signer's signature to the Petition; and I reside at the address set forth below. STATE OF COLORADO COUNTY OF ARAPAHOE Signature of Petition Circulator Please Print: } } ss. Date of signature Name of Circulator: _________________________ _ Residence Address: _________________________ _ Telephone number: _______________ _ The foregoing affidavit was subscribed and affirmed, or sworn to , before me in this ___ day of ________ , 2006 . Notary Public SEAL My commission expires: ________________ _ D INSTRUCTIONS TO PETITION CIRCULATOR PETITION FOR THE ORGANIZATION OF THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT ANYONE who is a U.S. citizen and is eighteen years of age or older may act as a Petition Circulator The responsibility of the Circulator is simply to affirm that the signature(s) on page 3 and/or page 4 of the Petition packet was affixed in your presence and that the signature is, to the best of your knowledge and belief, the signature of the person whose name it purports to be. The Petition Circulator is required to complete the AFFIDAVIT OF CIRCULATOR of the Petition packet and have it notarized. A properly witnessed and notarized AFFIDAVIT OF CIRCULATOR must accompany the Petition packet. The date of the notarization the Affidavit of Circulator must be the same or later date than the date of the signatures that were witnessed by the circulator. Special Note to Corporations, LLCs, Partnerships, and LLPs re AFFIDAVIT OF AUTHORITY: Persons who are signing the Petition as the representative of a Corporation or Limited Liability Company are required to complete the top section of the supplementary form titled AFFIDAVIT OF AUTHORITY, which accompanies the Petition packet. This form requires notarization unless signed in the presence of a Petition Circulator. Persons signing on behalf of a Partnership or Limited Liability Partnership should also complete the supplemental AFFIDAVIT OF AUTHORITY form, using the center section pertaining to Partnerships and LLPs. As noted previously, this form requires notarization unless it is signed in front of a Petition Circulator. IMPORTANT --PLEASE NOTE: • DO NOT take petition apart. • DO NOT remove the staple (it will invalidate the petition). • You cannot add sheets to this petition. • Please make sure all information is complete . • Petitioners must print and sign their legal name. • Please make sure petitions are signed in ink. • You may use abbreviations that reasonably identify the property. • All petitions must be handed in to the Englewood City Clerk at the same time. Deadline for submitting petitions to the Englewood City Clerk is May 15, 2006 by 5:00 p.m. Petitions should be submitted to the Office of the Englewood City Clerk, 1000 Englewood Parkway, 3rd floor. Propo s ed South Broadway Englewood Business Improvement District · 0 Proposed BID Boundary O Commercial @ Exem pt ~~ ~ ~ 0 600 1,200 1,800 0 Fe t March 2006 SOUTH BROADWAY ENGLEWOOD Business Improvement District Dear Mayor Wolosyn and City Council : Thank you for your continued support of the initiative to create the South Broadway Englewood BID . We have had a tremendous success in gathering petitions in support for the proposed business improvement district. Many merchants are encouraged that the BID is forming and we request your continued support of our efforts as we move through this process in forming the BID . Please know that there is a great deal of support from a number of Englewood merchants and property owners for this BID effort. We are encouraged by the comments that we are hearing and this energy will yield positive outcomes for our community as we look to create an even better business environment in Englewood . We often hear that "Englewood is a community that has such great potential." We believe that the efforts of the proposed South Broadway Englewood BID will help unlock Englewood's vast potential and spur additional business involvement in our community. We want to reiterate our interest in working with the City of Englewood to create a great shopping environment in our community. Thank you for your continued support. Sincerely , ~~~ l)g~j,fu/) South Broadway Englewood BID steering committee ORDINANCE NO . SERIES OF 2006 DRAFT BY AUTHORITY COUNCIL BILL NO. 29 INTRODUCED BY COUN C IL MEMBER ~~~~~~ A BILL FOR AN ORDINANCE ESTABLISHING TH E SOUTH BROADWAY ENG L EWOOD BUSIN ESS IMPROV EMENT DISTRICT AND DECLARING AN EMERGENCY . WHEREAS, on May 15 , 2006, the City Clerk received a petition ("Petition") requesting that the Englewood City Council establish a business improvement district to be known as the South Broadway Englewood Bu s iness Improvement District along South Broadway from the 2700 Block through the 3500 Block, in the City of Englewood , Colorado pursuant to 31-25-120 I, et s eq., C .R .S.; and WHEREAS, the petition was accompanied by the required cash deposit and a proposed 2007 oP.erating plan and budget (the Operating Plan); and WHEREAS , the City Clerk presented the Petition and Operating Plan to the Englewood City Council at a regular meeting held July I 0 , 2006 at which time the City Council held a public hearing on the petition ; and WH EREAS , the C ity Clerk has cau sed required not ice of said publi c hearing to be published a nd mailed by first class mail to all property owners within the proposed South Broadway Englewood Bu s iness Improvement District (the "District"); and WH EREAS , the Englewood City Council held the public hearing on July I 0 , 2006 , at which time the petitioners and other interested parties appeared and were given opportunity to be heard ; and WHER EAS , the evidence prese nted at the public hearing demonstrates that all conditions imposed by state law for the organi zation of a business improvement district exist in this case and s upport th e o rg ani z ation o f the Di stri ct; NOW, TH ER E FOR E, BE IT ORDAIN E D BY TH E C ITY COUNC IL OF TH E C ITY OF ENGLEWOO D , COLORADO, AS FOLLO W S: Section I. An emergency is hereby declared requiring immediate passage of this Ordinance for the reason that under Section 1-5-203 of the Uniform E lection Code, the Bid must certify the ballot content no lat er than sixty days prior to the November 7, 2006 General Election. Accord in gly, C ity Co un cil fin d s a nd determines th at a n e me rge n cy exists a nd t hat passage of t he with in Bill for O rdin a nce is n ecessary fo r t h e imm e di ate preserv ation o f publ ic p ro perty, hea lth , peace a nd safety an d s ha ll become effective immed iate ly upo n fi na l passage an d p ub lis hed with in seven days of fina l passage. Section 2 . T h e above a nd foregoing recita ls are incorporated herein by reference a nd a re adopted as findings and determinations of the Eng lewbod City Cou ncil. The Eng lewood City ouncil further finds and determines as follows : A . The Petition i in the form and content required by state law. l B . The total valuation for assessment of the taxable real and personal property in the service area, according to the records of the Arapahoe County Assessor, is $11 ,33 6,790 . C. The signatures 011 the Petition are genuine, and represent ownership of real and personal property in the service area having a valuation for assessment of $6,058,980, which is more than fifty percent of the total valuation. D. The acreage in the proposed District is 25.2 acres. E. The signatures 011 the Petition represent ownership of 14. I acres, which is more than fifty percent of the total acreage of the District. F. All other allegations of the Petition are true. G. The types of services or improvements to be provided by the proposed District are those services or improvements, which best satisfy the purposes of Part 12 of Article 25, Title 31 C.R.S. H. Not less than fifty percent of the service area has , before the passage of this Ordinance, been developed and used as commercial property, and at the present time the service area is used primarily as commercial property. None of the property within the boundaries of the District is classified other than as commercial property, and none of such property is within any other existing business improvement istrict. I. All of the property within the boundaries of the District is within the corporate limits of the City of Englewood, Colorado. Section 3. Based on the above findings, the Englewood City Council declares the District organized under the corporate name of the South Broadway Englewood Business Improvement District , with the boundaries and service area specified is attached hereto and incorporated herein by reference. The District shall have all powers conferred by statute upon business improvement di st ricts to furnish the services and facilities enumerated in the Operating Plan for 2007, which Operating Plan is also hereby approved . Section 4. The Board of Directors of the District shall consist of seve n electors of the District appo int ed by the Eng lewood City Counci l as more fully set forth through a Reso lution . The initial terms so appointed shall commence on the effective date of this Ordinance and extend until the dates specified in the Resolution . Upon the expiration of the initial terms , s uccessors shall be appointed for terms of three years . The City Council shall appoint per so ns to fill new terms and vacancies from slates of nominees submitted to City Council by the District Board of Directors. City Council may , in its discretion, decline to appoint the slate of nominees . If it doe s so, the entire slate shall be returned to the District Board of Directors who sha ll submit another slate of nominees for consideration by City Council. Slates submitted by the District Board of Directors shall be composed of persons who are th en electors of the District and whose appointment will result in a Board of Directors whose composition is consistent with the standard s et forth in the Operating Plan currently in effect . cc t ion 5. The Ma yor i authorized to execute and the ity lerk to attest and sea l for a nd on behalf of the ity of Engl ewoo d, olorado . 2 A Public Hea r ing was held on the I 0111 day of July , 2006. Introduced , read in full , and passed on first reading as an emergency ordinance on the 24th day of July, 2006 . Published as an emergency Bill for an Ordinance on the 28th day of July , 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 an emergency Bill for an Ordinance, introduced, read in full , and passed on first reading on the 24th day of July , 2006. Loucri shia A . Ellis COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 10, 2006 11 a i Federal Grant for the L/E WWTP Phase 2 Expansion Project Initiated By: Staff Source: Littleton/Englewood Supervisory Committee Stewart H. Fonda, Utilities Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Approval of the Planning and Capacity Assessment Study and the Phase 2 Pre-design Final Report. • Approval of the Brown and Caldwell Engineering Contract for the design of the Phase 2 Expansion Project improvements at the Littleton /Englewood Waste w ater Treatment Plant and approval of the Brown and Caldwell contract amendment for construction management services during construction . • Approva l by Ordinance of two (2) Intergove rnmental Agreements w ith the Colorado Water Resour ces and Po w er Deve lopment Authority (CWRPDA) for the issuance of Water Re ve nue and Water Pollution Control Re v ol ving Fund bonds for the Phase 2 Expansion Project. • Approval by Ordinance No. 40, Series of 2004 (Council Bill No. 38 ), of an Intergovernmental Agreement with the U .S. En vironmental Protection Agency (USEPA) for the issuance of a 2004 State and Tribal Assistance Grant (ST AG ) for the Phase 2 Expansion Proje ct. RECOMMENDED ACTION Staff recommends that Council approve a Bill for an Ordinance authorizing an Intergovernmental Agreement with the U .S. Environmental Protection Agency for the issuance of the Fiscal Year 2006 and subsequent years 2007 and 2008 State and Tribal Assistance Grants for the Phase 2 Expansion Project. We also recommend that Stewart H. Fonda, Director of Utilities be given the authorization to sign for the City with regard to this Intergovernmental Agreement. BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED The Littleton /Englewood WWTP has a current treatment capacity of 36.3 million ga ll ons per da y (mgd) and 63,000 pounds per day of organic matter. Two primary factors have been identified that \ ill require expansion of th e present facility : 1) higher than anticipated population growth in the facility's s rvice area and; 2) the regulatory requirement to remove nitrate from the plant effluent. These two factors and the need for expansion were presented to both Littleton and Englewood City Councils at a Study Session in November 1999. A planning and capacity assessment project was authorized as a result of the Study Session and Brown and Caldwell completed the project at the end of 2000. The results of the project were presented to both Councils at a Study Session in February 2001. Brown and Caldwell recommended increasing plant capacity to a nominal 50 mgd and discussed the need for nitrate removal that will result from the ongoing nitrate Total Maximum Daily Load (TMDL) study. The TMDL was completed by the Water Quality Control Division and was approved by the EPA as of June 4, 2004. A pre-design project was completed to identify specific plant components needed to expand the facility to the recommended capacity and include de-nitrification (nitrate removal) systems. The pre-design project also included the identification of the regulatory work required to obtain approval from the Water Quality Control Div ision and the Denv er Regional Council of Governments, the 208 planning agency in the Denver area. As part of the pre-design project, a preliminary estimate of project costs was developed. The findings and recommendations of the Pre-design Project have been completed along with the engineering design stage of the Phase 2 project. The final drawings and specifications were made available to prequalified general contractors and subcontractors in order to obtain competitive bids for the project. Final bids were recei v ed by the City on May 2 5, 2004. Construction of the Phase 2 Expansion Project began on August 10, 2004. The EPA first notified the City in a letter dated May 12, 2004 that the Littleton /Engle w ood Wastewater Treatment Plant Phase 2 Project was awarded a $1 ,000,000 grant in 2004. The proceeds to the City were $964,300. The grant funds were part of the EPA 's Fiscal Year 2004 Appropriations Act. Recently, EPA has notified the City in a letter dated May 22, 2 006 that the Phase 2 Project has been awarded a $500,000 grant in 2006. The proceeds to the City will be $477,900. The grant funds are part of the EPA 's Fiscal Year 2006 Appropriations Act. The City may be eligible for additional ST AG special project grants in subsequent years. An application has been prepared for an Intergov ernmental Agreement {Application for Federal Assistance) for the issuance of said grant amount of $500,000 and other amounts that may be granted in subsequent ye ars 2007 and 2008. The grant funds require a 45% local match in expenditures for the project. The grant funds will be equally di v ided for Phas e 2 capital ex penses for the City of Englewood and the City of Littleton . FINANCIAL IMPACT The cost of the Phase 2 Project is es tim ated to be $113,750,000, and is a capital cost that will be sp lit 50/50 with th e City of Littleton. Funds to continue the project are included in the 2006 budget. Grant funds will be used to pa y for a portion of the total capital expenditures. The required matching funds are available from the Sewer Reserve Account projec t expenditures and /or portions of th e loan proceeds . LIST OF ATTACHMENTS Bill for an Ordinance IGA for th e issuan of grant funds b the U .S. EPA for the L/E WWTP Phase 2 Expansion Projec t. ORDINANCE NO . SERIES OF 2006 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED ST A TES ENVIRONMENT AL PROTECTION AGENCY (EPA) AND THE CITY OF ENGLEWOOD, COLORADO, FOR THE ISSUANCE OF FISCAL YEARS 2006 , 2007 AND 2008 STATE AND TRIBAL ASSISTANCE GRANTS (STAG) FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PHASE 2 EXPANSION PROJECT. WHEREAS , previously City Council approved the Brown and Caldwell Engineering Contract for the design of the Phase 2 Expansion Project improvements at the Linleton/Englewood Wastewater Treatment Plant and also approved the Brown and Caldwell contract amendment for construction management services during construction ; and WHEREAS , City Council also approved by Ordinance two Intergovernmental Agreements with the Colorado Water Resources and Power Development Authority for the iss uance of Water Revenue and Water Pollution Control Revolving Fund bonds for the Phase 2 Expansion Project ; and WHEREAS , City Council approved an IGA with the U.S. Environmental Protection Agency for the issuance of a 2004 State and Tribal Assistance Grant for the Phase 2 Expansion Project with the passage of Ordinance No. 40, Series of 2004; and WHEREAS , the treatment capacity of the LIE WWTP needed expansion due to higher than anticipated population growth in the facility 's service area and the re g ulatory requirement to remove nitrate from the plant effluent; and WHEREAS , the Pre-design Project was completed along with the engineering design stage of the Pha se 2 project: and the final drawings and s pecifications were made available to prequalified general contractors and subcontractors in order to obtain competitive bid s for the project ; and WHEREA , the U.S. EPA notified the City that the Littleton /Englewood Wa stewater Treatment Plant Phase 2 Project was qualified for a $1 ,000,000 grant in 2004 wit h net fund to the Cities for $964,300 grant in 200 4, sa id grant funds being part of the PA 's Fi cal Year 2004 Appropriations Act. ) la' WHEREAS , the U.S. EPA notified the City in May 2006 that the Phase 2 Project ha been awarded a $500 ,000 gra nt in 2006, with the proceeds to the City being $4 77,900 ; and -1- WHEREAS, the grant funds are part of the EPA 's Fiscal Year 2006 Appropriations Act and the City may be eligible for an additional ST AG special project grants in subsequent years, for which an application has been prepared for an IGA (Application for Federal Assistance) for the issuance of said grant amount of $500 ,000 and other amounts that may be granted in s ubsequent years 2007 and 2008 ; and WHEREAS , the grant funds will be equally di v ided for Phase 2 capital e xpenses for Englewood and Littleton and matching funds will be equally di v ided between the cities of Littleton and Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The City Council of the City of Englew ood , Colorado, hereby authorizes the City to apply for and accept the Intergovernmental Agreement, titled "Application for Federal Assistance", between the U.S . Environmental Protection Agency and the City of Englewood for the issuance of fiscal years 2006, 2007 and 2008 , State and Tribal Assistance Grants (STAG) for Littleton /Englewood Wastewater Treatment Plant Phase 2 Expansion Project, attached hereto as Exhibit A Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Agreement for and on behalf of the City of Englewood , Colorado . Section 3. The Director of th e Littleton /En g lewood Wastew ater Treatment Plant is hereby authori zed to further e xtend thi s Intergo vernmental Ag reem e nt between Littleton / Englewood Wastewater Treatment Plant and the U.S. En v ironmental Protection A g ency for five additional one year period s . Section 4 . Pursuant to Article V , Section 40, of the Englewood Home Rule Charter, the City Council has determined that this Ordinance shall be published without exhibits because of it s size. A copy of those e xhibits are a vailable in the Office of the Englewood City Clerk. Introduc e d , read in full , and pa ssed on fir st readin g on the I 0th da y of Jul y, 2 006 . Publi she d a s a Bill for a n Ordinan ce o n th e 14th day of Jul y , 2 006 . Olga Wolosyn , Mayor ATTEST : Loucris h ia A. E ll is City Clerk I, Loucrishia A. Ellis, City C lerk of the City of Eng lewood, Colorado, hereby certif tha t the a bove a nd foregoing is a true cop of a Bill for an Ordinance, introduced, read in full. and pa ed on first read ing on th e I 0th day of July , 2006. Loucrishia A . Elli -2- # ( Ci of utt7eton Cityuf Englewood L/E WWTP JAMD •·•'Wtm c;,,a,· RAH n nMAIIIIC.0.1 Cffl'Mo\fllAtll Littleton/Englewood Wastewater Treatment Plant EPA APPLICATION KIT FOR FEDERAL ASSISTANCE ENGLEWOOD , CO C O N T E N T S Application for Federal Assistance Original Signature (Standard Form 424) Application for Federal Assistance Section B -Budget Categories (Federal & Non-Federal Share) Project Work Plan CWSRF Benefits Assessment Object Class Categories Detail Breakdown Semi-Annual Performance Report Authorization to Sign UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 Ref: 8P-W-TF Mayor Olga Wolosyn City of Englewood l 000 Englewood Parkway Englewood , CO 80 I I 0 Dear Mayor Wolosyn: 999 18TH STREET-SUITE 300 DENVER, CO 80202-2466 Phone 800-227-8917 http://www.epa.gov/region08 May 22, 2006 Re: Wastewater Treatment Plant Improvements Cities of Englewood and Littleton CO As you are aware, the U.S. Environmental Protection Agency's (EPA) Fiscal Year 2006 (FY06) Appropriations Act provided $477,900 to the Cities of Englewood and Littleton for the above-referenced project. I am enclosing the following documents for your information and/or action : 1. EPA Application Package . To be completed and submitted for funding. Additionally, the applicant MUST provide his/her State with a completed copy . 2. FY06 Special Projects Guidelines . 3. National Environmental Policy Act (NEPA) Guidance . To aid in preparing and providing required information to assess the environmental impacts of a project. Please see the enclosed "NEPA Instructions for Special Appropriations Projects ," then contact Dana Allen at 303-312-6870, to discuss preparation of environmental information and document revie w. 4. Semi-annual Performance Report (SPR) Template. The applicant must prov ide the State and EPA wit h the completed SPR as a minimum reporting requirement. Please note that EPA may stop payments if SPRs are not promptly submitted to both tbe State and EPA . The following are additional aids for, as well as responses to, recurring comments from past grant recipients whi le comp leting the application package: -Box I , TYp'E OF SUBMISSION: select Non-Construction -Bo x I 0, CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: enter 66-606 , and TITLE (Name of Program): enter Special Purpose ( -Box 16, IS APPLICANT SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS?, states' specifications are as follows : Colorado , Montana and South Dakota . There are no single points of contact. The applicant must submit a completed copy of the application to his/her regional planning agency where the project is located. Please see reference materials in the application kit; North Dakota and Utah. The applicant must submit a completed copy of the application to his/her single point of contact for inter-governmental review; Wyoming. The applicant is required to contact the reviewing agency and inquire whether the review is necessary -Contract Specification Language (or "boiler plate"). Please contact your State to obtain a copy of its state revolving fund boiler plate, which can also be used for ST AG projects to avoid redundancy of documentation. This boiler plate must be incorporated into all project specifications -Minority Business Enterprise/Women Business Enterprise (MBE/WBE) participation. The grantee and sub-grantee will take all necessary affirmative steps to guarantee that minority firms, women's business enterprises, and labor surplus area firms are used whenever possible . There will be a specific grant condition in all grant award documents pertaining to this issue. Please ensure that these requirements are clearly stated in the specifications documents . Contact Marshell Pullman at 303-312-6499 with any questions concerning MBE/WBE issues -Project Workplan. Y our application must include the project workplan, which shall contain the following : a) a detailed description of the project b) the project location and latitude/longitude (Guidelines , page 9), along with a map c) the detailed project costs summaries d) the project timeline ·e) Outputs and Outcomes (Guidelines , page 14 ): please ensure that outputs , to the maximum extent possible, and outcomes, are appropriatel y addressed, and f) CWSRF Benefits Assessment -Core Measures for Projects : (Guidelines, Atchmt 6). The format can be used to measure project "outcom e s." Thi s document mu st be subm itted a s an attachm e nt. The Colorado Department of Public Health and Environment (CDPHE) will play a major role in managing your project on behalf of EPA . Please contact Carolyn Hermann at 303-692- 3551 to arrange the post-award project activities . · App licatio ns with insufficient work pl ans w ill not be pro cessed result ing in s ub stantial delays in awardi n g grants. 2 ~· To expedite the award process, please plan to submit your application as soon as possible. You can do this by one of two ways : hardcopy (enclosed) or electronically. Should you choose .Jbe electronic method, you must first register at: http://www.grants.gov (see the 'GET started' attachment for registration information). If you have any questions regarding administrative requirements, contact Joyce Brame at 303-312-6367 or brame.joyce@epa.gov; regarding technical requirements, contact me at 303-312-600 l or suchomel.bruce@epa.gov. Congratulations and thank you in advance for your cooperation . Enclosures cc: States ' Contacts : Carolyn Hermann, CDPHE 3 ~~ ,,,q.,.L'G,,.---c;~....., Bruce Suchomel Project Officer APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED Versioo 7 /03 Applicant ldentifter 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STAT£ State Application Identifier App!!catlon Pre-application -·s.--Constructlon r::J Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 1iftr --··----- • 5. APPLICANT INFORMATION L,gsl Name: Oraanlzatlonill Unit: City of Englewood Department Littl<>t-on /r;'nniou,..,nrl tJ~~t-=•-•"lf-o,-Tro-af-m<>rtt Organlzalional DUNS: 07-57 5 _:0133 Division: Plant '"'A,..d_d_re_1""'1"'": ---------------------~ Name and telephone number of person to be contacted on matters Street: lnvolvlna this aoollcatlon (alve area code) 1000 Englewood parkway Prefix: . Mr. First Name: Mark City: Englewood County: Arapahoe State: co Zip Code 80110 Country: USA 6. EMPLOYER IDENTIFICATION NUMBER (EIN): nn-11111111111111 B. TYPE OF APPLICATION: 1J New )fl Continuation lf Revision, enter appropriate letter(s) in box(es) ID Revision See back of form for description of letters.) D D Other (specify) 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: ~ra-iti~~ rlTLE (Name of Program): Special Purpose 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): City of Englewood, Arapahoe County 13. PROPOSED PROJECT 15. ESTIMATED FUNDING : a . Federal IS ~ Middle Name A. last Name Van Nostrand Suffix: P.E. Email: mvannostrand~enolewoodQOV.or£ Phone Number (glYe -code) Fax Number (give.,.. code)° 303-762-2657 303-762-2620 7. TYPE OF APPLICANT: (See back of form for Application Types) lather (specify) C 9. NAME OF FEDERAi. AGENCY: EPA Region _8 11 . DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Littleton/Englewood Wastewater Treatment Plant Phase 2 Exp·ansion Project 14. CONGRESSIONAL DISTRICTS OF: a. Applicant lb . Project n~~rri~~ 1 District 1 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE lnDna:D n:.n , , 11111 THIS PREAPPLICATION/APPLICATION WAS MADE 1 ,5oo .ooo · b . Applicant IS ... a. Yes .,. AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 ~-,-....,,....--,------4=----------<..:;...;;;....::;,..,~:...:....,...----1 PROCESS FOR REVIEW ON c . State (Loan) IS ... 11)? /)/)/) 1)1)1) DATE: May 12, 2 003 · d . Local IS ~ 111 c;,1)1) 1)1)1) e. Other IS .. b . No. 11] PROGRAM IS NOT COVERE D BY E. 0 . 12372 1-----------b--------.LI.L~I.UL&lolll.UL--,...--~ CJ ~!~~:~ HAS NOT BE EN SELECTED BY STATE f. Program Income IS w 17. IS T HE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g . TOTAL IS 114 , 000, 000 "" 0 Yes If "Yes" a ttach an explanation . )d No 18. T O THE B E ST OF MY KNOWLEDGE AND B ELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICAT ION ARE TRUE AND CORRECT. THE POCUM E NT HAS BEEN DU L Y AUTHORIZED BY T HE GOVE RNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ~TTA C HE D AS SURANCES IF .THE ASSISTANCE IS AWARDED. Prefix Mr. jFirst N ame Stewart Last Name Fonda ~-Title Director of Utilities & L/E WWTP 5ignature of Authorized Representative r-revious Ed11ioo Usable Authorized for Local Reproduction Middle Name Suffix . T ele~ Number (91w ••• coda) 3 03-762-2641 la . Date Signed Stenderct Form 424 (Rav .9-2003) Prnc:ribacl by 0MB Clrculer A•102 Grant Program Function or Activity (a) BUDGET INFORMATION -.• -Construction Pr~grains OMBApprovalt-.. _.f8.0044 ·. ~~. · · ~, :~ ~:~~ ·:::=·: ;:~~:tf:~lt~J~~TJ!t)~F~t~;1 u~~~-M--Y0~~~j~~~~~iiM±~J~?-~::Ht~r~1t~·~1]~~t~~;~:~JJ..t~~r{i:tn~::.~.~}~;~~·!~~tI!;t:~~~~::0~.~~-::·:;:: Catalog of Federal . . · Domestic Assistance Estimated Unobllgated Funds New or Revised Budget Number Federal Non-Federal Federal · Non-Federal Total (b) (c) (d) (e) Jf)_ Co) 1. Spec ial 66-606 1$ 1$ IS soo,ooo IS30,ooo;ooo IS 30,soo,000.00 "··---~- 2. 0.00 3. 0.00 4 . 0.00 5 . Totals $ 0 .00 .s _ ·0.001$. 500 , 00 0.00 .s 30 , 000, 00 0.00 1$ 30,500, 00 0.00 :.:·::::_:~~::i·:•·-~_:=::i;1:·::~_~i~lSECtlOffS:~jQ®Et:Cfl1£.QU.81E~1¥ll~~~:f·D~f~mf.1T~~~~~~=t~·~~tt;-~~~~~~:~~t~!~~£~~1:t~~t.-~:~l~~!-Siti :{t?.t:~#.~£-f~i~:~~~~:.::::: 6 . Object Class Categories GRANT PROGRAM; FUNCTION OR ACTIVITY Total !5l 0.00 {1) Special 2) (3) ill a . Personnel $ Purpose $ S IS IS b. Fringe Benefits 0.00 - c . Travel 0.00 - d . Equipment 0.00 - e . Supplies 0.00 - f. Contractual 3 ,000,000 0 .00 - 0.00 -g . Construction 27 ,0 00,000 h . Other 0.00 - I. Total Direct Charges (sum of 6a-6h) 30 , 000 , 00 0.00 0 .00 0 .00 0.00 0 .00 - j . Indirect Charges . 0.00 - k. TOTALS (sum of 6i and 6j) $ 30 ,ooo ;oo o.oo I$ 0.00 ,$ 0 .00 ,$ 0.00 ,$ 0 .00 ~ ... : ~ ·:; :~ ~ ~ ... -.~· · ~ · ~;: :· ~-~:· ~-::-~~ ~ ~~ ~} ?~~ ~::: :··.~ :~_rt-t.~:~~i~'. ~~t~~~:;.¥.:?;;~~~~~J1 ~Rr~i:~~f d¥.¥'~4i~/ t~~~~-;\~~~j~~~l!:~tg&¥~~1:~tti~\~~~?tli~E~?r£~&t~t~iiG1f ]~U~~~~~~r~E~~-r~~11;:.~-~~~~~~erI£~f ;£~;:~~r)J.;~.~1t~F@ 7 .Programlncome $ $ $ Authorized for Local Reproduction PffflOUI Eclllon Usable $ $ 0 .00 Slandard Form 424A (Rev. 7-97) Prescribed by 0MB Circular A-102 . -,j: ,::;,,.,,_;:,;•·: '-\~.,},:::(·::;,_ ,,/+:::;~; :-·:.;::b;r~:::/.;,,,,~s~~:i'IAN: r.':'~·:llnw.s:i::na:Da:i ~'Ri;.~'m .lR~l\:SE:,;~;::.i/i'.:\".':.:O\j } .;::\/'. ·:/.: ;.-· ·.· :·.: "-· .;. : ·.:· /\' .:·::;; :;;,:::~::_', ,,/,. "' ! ,,r!\ .. ::.··, :~:=>~:· ;··;:.,i!,i: ·,:;k::·i·:=~:;;.; ··f .':.:-:·;~;:;::::;·_::::·':~:::..::;_:~::.:1."'1i-ll-:',,;,iJ)l:l.,.,,~::'-1'-:"'!'· 1!1~1'11.":"J, ... ~ .. ~~-:•a.•-.--:-• ... "!'11!".-----···· .... ···-· •....... (a) Grant Program (b) Applicant (c) State (d) Other Sources (e) TOTALS 8. Special Purpose $ 30 , 000 , 000 $ 0 $ 0 $ 30,000 ,00 0.00 9 . 0.00 10. .o.oo 11 . 0 .00 12. TOTAL (sum oflines 8-11) $ 30, ooo. oo o.oo IS 0.001$ o.oo I$ 30, ooo, oo o.oo ·:~-~1'.f0~~t~i1::~1ttA:::G;j~t%~;~~~\~~:~'s'.'J~'.:;;~,:1fil'::,t t;;~t~~~~{e:i;~JJ ~~~~~P'i~f~~~s~~~;~~s~~~~~~~;.ib\~,:;;;::: ,::~::";\;:;/;::~:~_--,. ,.· ,,,, ~:::::;?~~:, · ,:~· · ,: ·· I Total for 1st Year I 1st Quarter I 2nd Quarter I 3rd Quarter 4th Quarter 13. Federal FY 2006 $ 477,900.001s 477,900 $ ~ $ $ 14. Non-Federal 30,000, 00 0.00 7,500,000 7,500,000 7,500,000 7,500,000 15. TOTAL (sum oflines 13 and 14) $ 30,477, 90 0.00 $ 7,977,900.00 $· 7,500 ,00 0 .00 $ 7,500 ,00 0 .00 $ :~,:·+:i;;;;?.:~:f~;:~li~i:Ji,)~/1]~t~i~~~;i ~~o:9.9~~,~te~i,o(~e.o~~L ~uti~~;r~~~~t~J91iij~~~)t~~:~:P~Q~~sri i:::}:;:_. (a) Grant Program FUTURE FUNDING PERIODS Years (b) First (c) Second (d) Third · I (e) Fourth 16. Special Purpose I$ 964,300 Is 477,900 Is· 1,000;000 ISl,000,000· 17. 18 . 19. 20. TOTAL (sum oflines 16-19) $ 964 , 30 o.oo IS 477,90 o.oo IS 1,000,00 o.oo IS 1,000,000.00 '.~~f~i~t~J~~·:~~~ji~f]l~~~;:j:;:J,:tl:i;![\'.:;1tJ1rtJ:Jj[J~'ifi:;:1:JJf~~~~N~:~H\~~'.~1:~e:~~l~~,~,~ij ~:~~:;:;;;\i\[;';~:}j_;~\i1:::;;;~(;'.~:: (:;:_::::;:\::;:'.c/:;:~i:;:::;~:~'.:';;:;;:·;, · 21. Direct UlargeS: None 122. Indirect Charges: None 23. Remarb: Authorized for Local Reproduction Standard Form-424A (Rev •. 7-97) Page 2 WORKPLAN for the Littleton/Englewood Wastewater Treatment Plant PHASE 2 EXPANSION PROJECT June 4, 2004 Amended June 1, 2006 NEED FOR PROJECT Regulatory Compliance --Water Quality Issues Section 303(d) of the federal Clean Water Act requires states to identify water bodies or stream segments where existing effluent limitations are not stringent enough to implement applicable water quality standards. Water quality limited segments currently identified in Colorado are included on the States 1998 issued 303(d) list. The Littleton/Englewood Wastewater Treatment Plant (UE WWTP) discharges into Segment 14 of the South Platte River. This segment of the river runs from Bowles A venue to the Burlington Ditch Headgate at the north end. Segment 14 of the South Platte River is already classified for several beneficial uses, including: • Aquatic Life Warm Water 1 • Recreation 1 (formerly 2) • Water Supply (City of Thornton) •· Agricultural Uses The State has conducted several assessments and studies (including predictive modeling) to ascertain what levels of treatment may be required to protect the above listed beneficial uses and to meet water quality standards on water quality limited segments . As a result, the State has reduced the number of fecal coliforms allowed in the plants discharge to help achieve the Recreation 1 classification. The State has also conducted a Total Maximum Daily Load study to determine what nitrogen loadings from various sources will be allowed into this river segment. The primary inorganic nitrogen sources in Segment 14 have been identified as point discharges from wastewater treatment plants (Centennial, UE, and Glendale). Therefore the State will require a reduction in nitrate being discharged by the UE WWTP and the other treatment plants into the river. These requirements will require installation of a new treatment process (denitrification) to allow the plant to meet the proposed new limits . Future water quality issues that are being tracked and monitored are for constituents discharged at the plant including but not limited to phosphorus, additional nitrogen reductions, metals (mercury, copper, ilver, iron), sulfate , and lindane. Also a wide array of drugs (antibiotics, prescription drugs , steroids and hormones) are now just being monitored and found in our waterways, most at very low concentration . It i not yet known the fate of these drugs and what potential impacts on water quality or quatic life there may be. Many of these constituents, if limits are included in the UE WWTP discharge permit, will require additional levels of treatment. 1 Capacity Addition The plants current rating is 36.3 million gallons per day (mgd) and 69,000 pounds per day (ppd) of organic loading (BOD 5). Average daily flows in 2003 were 22 .4 mgd. The organic loading is also a crucial part of the plants "capacity" rating . The average daily organic loading during 2003 was 48,800 ppd . Maximum month flow was 24.6 mgd in April 2003 and maximum month loading was 53,000 ppd in January 2003. For reference, a maximum month flow of 31.7 mgd occurred in May 1999 and a maximum month loading of 60,900 ppd was recorded in November 1999. The Phase 2 expansion will increase the plants rated capacity to 50 mgd and 93,825 ppd of organic loading. This rating is projected to provide sufficient treatment capacity for the service area for the next 20 years. Infrastructure Modernization In 1997 an annual infrastructure project replacement fund was created in the budget. This amount was determined to be from $1,000,000 to $2,000,000 per year and is to be used to replace and repair the existing infrastructure at the plant including buildings , roofs, pumps, process equipment, roadways, electrical and controls, and underground piping. Much of the infrastructure of the plant is over 30 years old. The Phase 2 project incorporates a majority of the infrastructure work that would have been required over the next 3 to 4 years . Discharge Permit and Compliance Schedules The plants newly revised COPS discharge pennit was issued in April 2001. The pennit will expire on April 30, 2006. This permit has been administratively extended by the Colorado Department of Public Health and Environment (CDPHE) until a new permit can be issued. Operation under the plants previous discharge permit has also been administratively extended by the Health Department in the past. Two important discharge limits were changed in the April 2001 issued permit: • fecal coliforms in the discharge must be reduced from 600 # per 100 ml to 490 # per 100 ml based on a 7-day geometric mean , and • stricter total inorganic nitrogen (TIN) limits would be imposed based on the nitrate TMDL study . The stricter TIN limits are to be imposed in the permit 57 month s after EP As approval of the TMDL. The TMDL has been finalized and the revised TlN limits will be imposed by April 2009 . This pennit incorporates several compliance sched ul es . Each co mplian ce sc hedul e sets fo rth a task and a deadli ne for the task to be co mp leted by the permi ttee. Tw o of the mo st signifi cant co mp li ance sc hed ul es are: • construction of new disinfection facilities (c hlori ne co ntact tanks) by Fe bru ary l, 2004 (completed), an d • construction of new nitrate -removal (denitrification) facilities on or before 53 mo nths after EPA acceptance of the nitrate TMDL for Segment 14 of th e South Pl atte River (under con struction ). 2 Planning and Permitting The planning and permitting process for this expansion and upgrade began when the State listed Segment 14 of the South Platte River as impaired in the late 1990s. Numerous meetings have been held with the Colorado Department of Public Health and Environment (CDPHE) as they started and conducted the Total Maximum Daily Load study for nitrogen on Segment 14. Plant staff as well as Brown & Caldwell environmental engineers and scientists have completed much of the work used by the CDPHE in their study. Compliance schedules were negotiated with the CDPHE to ensure adequate and appropriate amounts of time were available to meet these important requirements. A multi-stakeholder water quality group was formed to deal with the many complex issues that need to be resolved for the South Platte River. The South Platte River Coalition for Urban River Evaluation (S.P. CURE) has gained widespread support over the years with active participation by I.JE WWTP. PROJECT WORK SCOPE The Phase 2 Expansion Project includes the construction of the following major items: • Pretreatment improvements including new grit removal system, • Two new primary clarifiers and pump station expansion, • One new trickling filter and pump station improvements, • One new solids contact tank and blower improvements, • Two new secondary clarifiers and pump station improvements, • Replacement of nitrifying trickling filter media, • New denitrification filter system and pump station improvements, • New non-potable water pumping station, • New sodium bisulfite storage building, • New anaerobic digester and digester building expansion, • New dissolved air flotation tank, • New biosolids truck bay and storage hopper, • Odor control improvements, • Heating, ventilation and air conditioning improvements, • Electrical and controls, • Landscaping, • Yard piping and miscellaneous appurtenances. PROJECT SCHEDULE A project schedule is attached. It is anticipated that construction activities will take 48 months. 3 PERFORMANCE CAPABILITY The lJE WWTP (acting through the City of Englewood) has managed and implemented two major expansion projects within the past 12 years . The 1992 Phase lA project was for $26,000,000 worth of expansion and infrastructure improvements. The 1998 Phase lB project was for $18,000,000 worth of expansion and upgrade improvements. Both projects were managed by lJE WWTP and the firm of Brown & Caldwell and resulted in the projects being completed within the scheduled time and with change order percentages of less than 5%. The 1992 Phase lA project received recognition from the American Consulting Engineer Council of Colorado in 1994 with the Engineering Excellence Honor Award. The plant has also received many local and national awards from EPA for excellence in various programs . A complete list of the awards received by the plant is available on the plant's website: www .englewoodgov.org/wwtp PROJECT FUNDING AND COSTS A combination of funding sources will be used to generate the estimated $114,000,000 project cost. The sources are City Sewer Fund Reserves, State Revolving Loan (SRLF), and Water Revenue Bonds from the Colorado Water Resources and Power Development Authority (CWRPDA). Based on a loan application from each city the CWRPDA recently approved the issuance of a loan package to each city in the amount of $5 IM. A majority of the loan will be from the SRLF (20 year) and the remainder will be shorter term (10 year) revenue bonds . The SRLF did not have the capacity to loan the entire requested amount to the cities. The bonds were issued by the CWRPDA in early May 2004. STAG Grant A federal grant program exists for an annual earmark for identified water and wastewater projects. These grants are typically in the range of several hundred thousand to several million dollars . There is a 45% local match required along with other administrative requirements. The EPA Region 8 office will administer this grant. For 2004 (FY2004) the grant amount was $1,000,000 for the UE WWTP Phase 2 Project and was requested through the office of Senator Ben Nighthorse Campbell . A request has been made for a Fiscal Year 2006 grant and this has been approved in the amount of $500,000. Project Cos ts The table below shows the estimated project costs broken down by major categories. ITEM PROJECT EST. ($M) June 1, 2006 E ng;ineering 8.1 Con struc tion 87 .1 Con stru ction Mana2ement 12 .3 Contingen cy 6.5 TOTAL 11 4.0 4 EXPECTED OUTPUTS FROM PROJECT As stated above the Phase 2 project will provide 13. 7 mgd of additional treatment capacity to serve additional population within the service area. The project will provide additional treatment capability to reduce total inorganic nitrogen and fecal coliforms being discharged to the South Platte River to help meet water quality criteria. Infrastructure improvements will ensure timely rehabilitation and or/ replacement of equipment and structures that has become obsolete or worn out. Of the total estimated project cost of $114M, approximately 51 % of this cost will go towards capacity expansion, 28% to regulatory compliance (additional treatment), and 21 % to infrastructure improvements. Outputs and Outcomes The EPA now requires additional detail related to Outputs and Outcomes in support of EPA 's 2003 Strategic Plan. This is a result of EPA Order 5700.7, ''Environmental Results Under Assistance Agreements." The most applicable section of the 2003 Strategic Plan as it applies to this grant and project is contained under Goal 2: Clean and Safe Water. This project (Phase 2 Expansion Project) supports Goal 2 (Clean and Safe Water), Objective 2.1: Protect Human Health, and Objective 2.2: Protect Water Quality. The overall goal of the project is to increase treatment capacity, reduce the amount of total inorganic nitrogen and fecal coliforms in the discharge, and to maintain the wastewater infrastructure to ensure sustainability and the longest useful life possible. Outputs have been determined as listed below: •!• Provide additional treatment capacity of 13.7 mgd (additional population equivalents of 137,000 based on 100 gpcd/person) to service the growing south metropolitan Denver service area. •!• Reduce the number of fecal coliforms discharged to the South Platte River to improve water quality and water recreation potential. •!• Reduce the total inorganic nitrogen discharged to the South Platte River to improve water quality based on a TMDL to protect downstream raw water supply for drinking water. •!• Maintain and replace buildings, roofs, piping, and other plant equipment so that the maximum useful life of the facility is achieved and that the infrastructure is reliable. Out.comes that are expected are listed below: •!• The plant's new treatment capacity will service the designated urban growth area for the next 20 years. •!• Overall water quality of Segment I 4 of the South Platte River will continue to improve and be monitored to gage this improvement. •!• Infrastructure investment will result in a reliable and well maintained treatment facility with the ability t.o keep user rates and charges at or below that charged by comparably sized facilities and systems. 5 BIDDING PROCESS Prequaliffcatlon of Contractors A process to prequalify contractors was completed in January and February 2004. General Contractors, Electrical Subcontractors, and Instrumentation/Control Subcontractors were invited to submit prequalification statements. Minimum criteria were set for each type of contractor. Based on a review of prequalification statements received and meeting the criteria requirements resulted in the following general contractors and major subcontractors being prequalified to bid the project: • General Contractors: i. PCUGamey Construction, Louviers, Colorado ii. Archer-Western / Stanek Constructors, Golden, Colorado m. Western-Summit Constructors, Denver, Colorado • Electrical Subcontractors: i. Eckstine Electric, Platteville, Colorado ii. Ludvik Electrical, Lakewood, Colorado iii. McDade-Woodcock Electric, Albuquerque, New Mexico iv. Sturgeon Electric, Henderson, Colorado • Instrumentation/control system Subcontractors: i. Amwest Controls Inc., Brighton, Colorado u. Wunderlich-Malec Environmental, , Minnetonka, Minnesota iii. ICS -Instrumentation Control Systems, Plymouth, Minnesota iv. CMC -Control Manufacturing Co., Napa, California v. UCEC-Utility Control & Equip. Corp., Arvada, Colorado Bidding Status The Project Manual consisting of the contract documents, technical specifications, and drawings is now being reviewed by the contractors to prepare their bids. Bids were received on May 25, 2004 at 2:00 pm at the Administration Building of the LIE WWTP. The total base bid results are as follows: Contractor Western-Summit Constructors Archer-Western/Stanek Construction PCUGamey Construction Contract Award Bid Amount $87,186,000 $89,985,000 $100,918,564 It is anticipated that a City Council Agenda item will be presented in mid-July to request approval of a Notice of Award to the lowestresponsive bidder. A Notice of Award was given to Western Summit Constructors and they began the project on August 10, 2004 . 6 TARGETS AND MILESTONES The following targets and milestone dates are listed below: Item State Site Application Environmental Assessment FONSI Phase 2 Design Complete Construction Bid Period Notice of Award to Contractor Notice to Proceed Construction 50% Complete Start up and testing of Denitrification Facility Project Substantial Completion Project Final Completion End of Compliance Schedule For New Facilities REQUIRED REPORTING Target Date {actual date) January 2004 (May 2004) January 2004 (May 2004) March 2004 (June 2004) February 2004 (March 2004) March to May 2004 (May 25, 2004 bids opened) July 2004 (July 20, 2004) August 2004 (August 10, 2004) June], 2006 July 2007 June 2008 August 2008 April 2009 Reports will be required of the general contractor, reviewed by the construction manager, and then forwarded to the UE WWTP project management staff. UE WWTP will then ensure that all documents are forwarded to the City of Englewood Finance Department for submittal with any pay applications . The reports include, but are not limited to, monthly pay application requests, quarterly status reports, and MBE/WBE participation reports. ACCOMPLISHMENT OF ACTIVITIES The project will be implemented through the Project Management Division of the UE WWTP. The Project Management Division is overseen by the Plant Manager and by the Director of Utilities. The Project Management Division utilizes the resources of staff, outside consultants and contractors to ensure the completion of the Phase 2 project. The Phase 2 project is identified in the City annual budget for 2004 and is shown in the 5-year Capital Improvements Plan . The Project Management Division has to report on a monthly basis on project status, budget, and schedule to the Supervisory Committee. 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It w111 in:Jude lir;i(s tc the C£nlimc.Hs and OIITo\ so11 .tces Usu n;;s 101111d C'n the followlr,11 pages. ·niuc dia'scrlbe th\! data 1e 1uested an'i EP4 's ·i:,aM to agg re~atG the 1nformat1M for a+ pr::ijects. • O:lmplet~ rn~a sure, O, 1, i, 31 and i ror c11ch lndlrldual project !It thr. tlrno of loan ex.ccutk>n; ii s n,;ile loan ,nz,y finance m.ulUpl<! ,m,Je<..'ts . • 1, ~. end 3b e re l>pUor \cll for IIOt'll)olrlt ooun:e ~ro;ects. Pi ~ase Include .cla ,Uy1ng or-:J cchcr comments whcrn 11pl)lfCBble . CWSRF core Ben etlts Mgas:ir:ts O. B,utc; proje,;t l11(ormeUon (complete for •!I project~} !{. a. ?1v Ject na011J~t! 2. E rp~11f,o,a-L;-lf/tf4,, 16,JkwHJ Project tfacldng ,; ,,. l>Oi, 1 Mdltlonal trad(f'l9 It_ Ooes this proJe(t".s specinc loadlngs red uct:kms allcw th ~ system tll addres~: Ctihasce pr:>Jecu O phase # r o n glMI ptoJ!'!l;t ,: ) b. Pertnt: Type, Cpps Numt,er Co-00,2. Cf'l'l iln EXlsUng THD L alloc;aU,111? ~ a proJocted .TMDL al location? C a watershed rr.ani,gemem i:;ian? C Pl/A 0 Wat erbo:,y 10#/1'.-dlgit HUC So&d/. /Jl«t(e Kiv~,. othw 1ocauon intonnatJon:Aaf $1• .yo ~°'1.3, (W" S?.f' 4 · c. CWSRF loan am ou nt to the project$. bO., 0001 0 00 /C ConttibuUon co p1·otcctloll or re$lP@tion of dcsi9m1Led uses and outcomes In the affected watettlod\'· d . To tal CWW loM ffllOQT!t $_ '° /!:L Execution date S: Of' Int~ rate {Onal) 3, 81 o/o Ropaymen:: pe.md ~ yrs •· NIMS ateoortes for tl'.a pro~. --CZ2. Cu de all r~ll'~ calegorfes U1at 11ti,ly tc the project. Fer ll 110,,polnt ,ource P."CJect, enter tl\Cl su~·categor;. I l1 DIA 1118 IVA lVB V VI X IIH•S-=vtl -__ 1. • User p.,.,..latlon served by the: :,n:Jm /9'0, 000 ~ tFelltment facillty(les) .3bO.uOO • i l, • Volume ot wash!witter trecated/processcd PrOject .L3. 7 mga I treatment faciflty{les} 3, • ,3 lll!id l . Improvement or ma intenance of wal6r q\Jallty. P, Oon this proi.ct c:ontrlcut'l tc (dmk one) water qt;alrty 1m11mvEJ11ent1)(' r.e itmrD water q1.:a tlly matn terance.l' O "'b . CJll~s tlilil p.roJe ct allow the system lo (chcc.'< one) ad;leve ~mpi:&'lte7 l( nelthe;--O maintain comp liance70 c. 19 U•e ;iffecteil sulfaa ~t.er){ or r,roundwl!ter O: ror.@llc,1 stand,r:d, O ~ ll.l.Ll.:i.!~ 0 or oo; ;mcuc Q Di Mark 11H opplic.ible bc.xc.s With a ../. for lite designated uses, specif;,· one pnmary use that difves the water quollty gc;gls of the project, if ~pp liCilblt, P•p,tmary 0:-othcr. lf the pmJect: does not pm\llde any 1 .. arer quaNI)-or p ullliC health benefits, but only lmprove.s lnfraitructure simply dle::k this bc>C. O Designated usos J>rote.ttlon Ratoratlon Drinking Water S\JPP!v Pli!'I' oo ·Jl-0 t>O Sheilii.i;, hi!tvestlng tfO Q.[J ·:to oo Cold water Dsh.i!}'. i!b oo !10 -OQ Worm Wl!ter fish~ p.[j oii"' PO <>o Frlmarv conta ::t recreation PM QQ •·8 OQ ~econdarv amt~ct ,e-:reatlon PIJ OM ! Pt} on i Agtlcu ,tt.11:i, _ --P-tJ . Pti ' PO Qd i c u,~, ~ ·v1 ~3se spi£:ci(·, P [1 l)Q P [j ()c'-. ! uu,~r -p1 ~.a~e ·5::t-ee1fy PIJ ti [] P.[l o r-. ·-=-------r--- i~est(r.-alton Other UIH and outcome$ . ?rotect1011 Other J}ubllc: health .M.,.. -· ..J Wi!ter reuse/reo;clln_g .M CJ Groundwater. [)_!'Otecuan 0 er- GlfK t .; 1!!_1'.!!J~c of.l!.!C if..-;:-; -~ ~:ht!, -,.111eas,_:; ~t,,'!1:ifv :..1 +- ,.. __ ··--· ---·--·-----... -~ .. --_ .. __ ------~----..-------. -----... -··--~ !Repgnin9 lnlormallo!lt PeJIOR fl fl ~g ;;t thb fotl'li _ f\3 rn e/lv.J J'.,. ;+'.:,sf-r,u, _ l'l ~nne tt3d3.'7_~2, 2..t,S7 Ag ency_(",i';, t)'J-Eye~"/ ~ Oilte c.om;,lel.£!d F 3/-0~' OBJECT CLASS CATEGORIES DETAIL BREAKDOWN [Note: Please indicate any pre-award costs .with an star(*)) [Federal share plus **Match share] a. PERSONNEL Position -Recipient Staff Only Total Personnel Cost b. Frini!e Benefits .. Bast · Rate Total Fringe Benefits Cost c. Travel In-State Purpose Out-State Destination x · Purpose Destination I Total Travel Cost Estimated Hour (FI'Es) ,' Salary (Hourly Rate) No.Days No. Staff Miles Rate No. No. Per Lodeln1 Staff Days Diem Page 1 of 3 Amount Cost Cost ........... . .. . . -~ . Reviled: 11AM Cost of $5 000 or more useful life of 1 ear or ·more Item -Purcbue. Numbe r Cost Per Unit Total Item-Lease Total Equlpmen·t Cost ·' .. --·. ,:: . .• ·.,j... ··•····· •.... e. s unnlies List supplies by groups (Offlc~ Labriratofy;·etc.) Cost Total Supplies Cost r. Contractual .FY 2006 Only List each planned contract or type of service to be procured. Cost Construction.Management Services (Brown & Caldwell) 3,000,000 . Con s truction Services (Western Summit Constructo'rs) 21 ,ooo·,ooo · Consultants Hourly Rate Daily Rate + f. ntal Contractual Cost $30,000,000 Page 2 of 3 !; Other· (Oneratine ltem1 Cost .. Sample Sll/br. @$120 BIA I· Other· In-KJad Volunteen Donated S ce . · Sil hr. En11Deei' $550/mon 12 moos 550/mon Owned b Tribe $1,440 $6~ Item/Service Market Value · Use Calculations . Source Total Total In-Kind Total Other b. Total Direct Cost (1 thr~ueh e) (Include Match Funds) 30,000,000 i. Indirect Cost: (Rate: •,4) J. Total Proposed Costs: 30,000,000 Federal Percentage: J , 59 % Recipient Percent11e: 98, 41 •.4 Page 3 of 3 --~- . i / Post-FY04 Projects Special Appropriations Act Project . Semi-annual Performance Report Report No. ( 1 ), Date: (June 1, 2006) (Reporting due dates: March 30 111 and September 30 111 (Federal Fiscal Year)) City of Littleton Grgt@e:City of· Englewood · State:coiorado Grant Number: XP -98867701-0 Award Date: 5-22-06 Grant Amount: $ 4 7 7 , 900 Total Protect Cost: $ 114 , 000, 000 Date FONSI/CE Issued: 6-01-04 Date Protect Approved: 7-20-04 Construction Start Date: 8-10-04 lnspectfon(s} Datels): N/ A Amount Paid To Pate: $ 6 2M ConStructlon % Completed To Date: 50% Budget & Protect Period: 2004 -2008NPDES Number: co-0032999 SDWIS Number: Ladtude (d!#mal format}:. 39. 67° Longitude (decimal format): 10.s .0° Protect Descripdon: (brief ... ) Addition of 13 mgd of treatment capacity, new denitrification system using deep bed sand filters, infrastructure repairs and replacement to buildings , equipment and piping . Protect Status: A comparison of actual accomplishments to the oblectlve established for the period: (I.e., quantify the project "outputs", (see 40 CFR §31.40, and Guidelines on "outputs")) Reasons for slippage if established obtectlves were not met: Comments: Prepared by: Mark Van Nostrand .t);ume: 303/762- E-maU: mvannostrand@englewoodgov.org 2657 lfl: 303/762-2620 This report J1UU1 be submitted via e-mail, as an attacrunent file, to: EPA'• Protest Qfllcer yd the State file : Tel11)la1C . Semi-annual PerfOffl'IIIICe Report .doc COUNCIL COMMUNICATION Date Agenda Item Subject July 10 , 2006 Federal Grant for the UE WWTP Phase 2 Expansion Project INITIATED BY STAFF SOURCE Littleton/Englewood Supervisory Committee Stewart H. Fonda, Utilities Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Approval of the Planning and Capacity Assessment Study and the Phase 2 Pre-design Final Report . Approval of the Brown and Caldwell Engineering Contract for the design of the Phase 2 Expans ion Project improvements at the Littleton/Englewood Wastewater Treatment Plant and approval of the Brown and Caldwell contract amendment for construction management services during construction. Approval by Ordinance of two (2) Intergovernmental Agreements with the Colorado Water Resources and Power Development Authority (CWRPDA) for the issuance of Water Revenue and Water Pollution Control Revolving Fund bonds for the Phase 2 Expansion Project. Approval by Ordinance No . 40, Series of 2004 (Council Bill No. 38), of an Intergovernmental Agreement with the U .S. Environmental Protection Agency (USEPA) for the issuance of a 2004 State and Tribal Assistance Grant (STAG) for the Phase 2 Expansion Project. RECOMMENDED ACTION We recommend Council approve by Ordinance an Intergovernmental Agreement with the U.S. Environmental Protection Agency for the issuance of the Fiscal Year 2006 and subsequent years 2007 and 2008 the State and Tribal Assistance Grants for the Phase 2 Expansion Project. We also recommend that Mr. Stewart H . Fonda , Director of Utilities be given the authorization to sign for the City with regard to this Intergovernmental Agreement. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Littleton/Englewood WWTP has a current treatment capac ity of 36 .3 million gallons per day (mgd) and 63 ,000 pounds per day of organic matter. Two primary factors have been identified that will require expans ion of the present fac il ity : 1) higher than ant icipated populat ion growth in the fac ili ty's service area and ; 2) the regulatory requirement to remove nitra te from the plant effluen t. These two fa cto rs an d the need for expans ion we re presented to both Littleto n and Englewood City Councils at a study session in November 1999. A planning and capacity assessment project was authorized as a result of the study session and Brown and Caldwell completed the project at the end of 2000. The results of the project were presented to both councils at a study session in February 2001 . Brown and Caldwell recommended increasing plant capacity to a nominal 50 mgd and discu ssed t he need fo r nitrate remova l that will res ult from the ongoing ni trate Total Maximum Daily Load (TMD L) stu dy. T he T MDL was comp leted by t he W ater Qu ality Co ntrol Di vision earlier this year an d was a pp roved by the EPA as of Ju ne 4, 2004 . A pre -design project was completed to ident ify specific plant components needed to expand the facility to the recommended capacity and include de-nitrification (nitrate removal) systems. The pre-design project also included the identification of the regulatory work required to obtain approval from the Water Quality Control Division and the Denver Regional Council of Governments, the 208 planning agency in the Denver area. As part of the pre -design project , a preliminary estimate of project costs was developed . The findings and recommendations of the Pre-design Project have been completed along with the engineering design stage of the Phase 2 project. The final drawings and specifications have been made available to prequalified general contractors and subcontractors in order to obtain competitive bids for the project. Final bids were received by the City on May 25, 2004. Construction of the Phase 2 Expansion Project began on August 10, 2004 . The EPA first notified the City in a letter dated May 12, 2004 that the Littleton/Englewood Wastewater Treatment Plant Phase 2 Project was awarded a $1,000,000 grant in 2004 . The proceeds to the City were $964,300. The grant funds were part of the EPA's Fiscal Year 2004 Appropriations Act. Recently, EPA has notified the City in a letter dated May 22, 2006 that the Phase 2 Project has been awarded a $500,000 grant in 2006 . The proceeds to the City will be $477 ,900 . The grant funds are part of the EPA's Fiscal Year 2006 Appropriations Act. The City may be eligible for additional STAG special project grants in subsequent years . An application has been prepared for an Intergovernmental Agreement (Application for Federal Assistance) for the issuance of said grant amount of $500,000 and other amounts that may be granted in subsequent years 2007 and 2008. The grant funds require a 45% local match in expenditures for the project. The grant funds will be equally divided for Phase 2 capital expenses for the City of Englewood and the City of Littleton . FINANCIAL IMPACT The cost of the Phase 2 Project is estimated to be $113,750,000, is a capital cost and will be split 50/50 with the City of Littleton. Funds to continue the project are included in the 2006 budget. Grant funds will be used to pay for a portion of the total capital expenditures. The required matching funds are available from the Sewer Reserve Account project expenditures and/or portions of the loan proceeds. LIST OF ATTACHMENTS Intergovernmental Agreement for the issuance of grant funds by the U .S. EPA for the LIE WWTP Phase 2 Expansion Project. COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 10, 2006 11 Ci Collectiv e Bargaining Agreement Between the City and the EPBA for 200 7 and 2008 Initiated By: Staff Source: Human Resources Department Sue Eaton , Direc tor of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Bargaining Agreement with the Engle w ood Police Benefit Association w as approved by Council for 2005 and 2006. RECOMMENDED ACTION Staff requests Council adopt a Resolution to approve the Collecti ve Bargain ing Agreement between the Engle w ood Poli c e Benefit Associat ion and the Ci ty of Engle w ood for the ye ar s 2 00 7 and 2008. The contract cov ers approx imatel y 55 employe es . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Ci ty o f Engle w ood and the Englewood Poli ce Benefit Association entered into negotiations in May of 2006 in accordan ce w ith the City of Engle w ood Charter. The members of the Engle w ood Poli ce Benefit Asso cia tion dul y ratified , by a major ity v ote, the Collecti v e Barga i ning Agreement. Th e sig nifican t c han ge s to th e co ntract ar e as follo w s: 1. A 1.8% in c rease on 2006 w ag es wi ll b e gra nte d on Janua ry 1, 200 7. 2. A market adj ustm e nt, base d on th e salary survey t o b e c ondu c t ed in th e thi rd qu arte r of 2006, will be made on January 1, 2007 in addition to #1 above. 3. A market adjustment, based on the salary survey to be conducted in the third quarter of 2007, will be made on January 1, 2008. FINANCIAL IMPACT The impact of the salary increase mentioned in #1 above will be approximately $63,000 for 2007 (salaries, Medicare and pension). The impact of the salary increases dependant on the 2006 and 2007 salary surveys {#2 and #3 above) is not known at this time. Each 1 % increase to wages (including Medicare and pension) will cost approximately $35 ,400. LIST OF ATTACHMENTS EPBA Collective Bargaining Agreement for 2007 and 2008 RESOLUTION NO. SERIES OF 2006 A RESOLUTION AUTHORIZING THE PROVISIONS OF THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE YEARS 2007-2008. WHEREAS, the City Council of the City of Englewood, Colorado authorized the "The Collective Bargaining Contract Between the Englewood Police Benefit Association and the City of Englewood for the Years 2004 Through 2006"; by the passage of Resolution No. 35 , Series 2006;and J}tl WHEREAS , the City Council of the City of Englewood authorized "The Collective Bargaining Agreement" with the Englewood Police Benefit Association for the years 2004-2005 by the passage of Resolution No. 74, Series of 2003 ; and WHEREAS , "The Collective Bargaining Agreement" which was authorized by Resolution No. 74 , Series of2003 included a provision for the negotiation of 2005 salaries and health /dental insurance in 2004; and WHEREAS , the City of Englewood and the Englewood Police Benefit Association entered into negotiations in May, 2006 in accordance with the Englewood City Home Rule Charter; and WHEREAS , the members of the Englewood Police Benefit Association duly ratified, by a majority vote, the Collective Bargaining Agreement; and WHEREAS , the significant changes to the contract are : I. A I .8% increase on 2006 wages will be granted on January I , 2007. 2 . A market adjustment, based on the salary survey to be conducted in the third quarter of 2006, will be made on January I , 2007 in addition to No. I above . 3. A market adjustment , based on the salary s urvey to be conducted in the third quarter of2007 will be made on January I , 2 008. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I . The City Counci l of the City of Englewood , Co lorado hereby a pp roves the changes to the Collective Bargaining Contract between the Eng lewood Police Benefit Association and the City of Englewood for the Years 2007 -200 8, attached hereto as Exhibit A . Section 2 . The Mayor and the City Clerk are hereby authorized to sign and attest the Collective Bargaining Contract between the Englewood Police Benefit Association and the City of Englewood, Colorado . ADOPTED AND APPROVED this 10th of July , 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 CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION FOR THE YEARS 2007 -2008 1his reproduction of the 2007-2008 Contract has been prepared bythe Human Resources Department for distribution to all covered Police officers so that everyone will be aware of the rights and benefits contained herein. I! X M I a I T INDEX PAGE ARTICJ.E 1 DlJRATION OF OONIRACT ............................................................................ 2 ARTICJ.E 2 RECX)(;NITION ..................................................................................................... 3 ARTICJ.E 3 E?viPLOYEE RIGI-ffS ........................................................................................... 4 ARTICJ.E 4 SENIORI1Y ............................................................................................................. 5 ARTICJ.E 5 HOURS OF WORK. ............................................................................................... 6 ARTICJ.E 6 BIDDING PROCEDURES FOR SHIFT ASSIGNMENf ............................ 8 ARTICJ.E 7 SPEClAL ASSIGNivIBNf ..................................................................................... 9 ARTICJ.E 8 LAYOFF .................................................................................................................. 10 ARTICl.E 9 OOw>ENSATION ............................................................................................... 11 (__ ARTICJ.E 10 ~RITPAY ........................................................................................................... 12 ARTICJ.E 11 OVER111v1E WORK. ............................................................................................ 13 ARTICJ.E 12 CALL BACX. .......................................................................................................... 14 ARTICJ.E 13 STANDBY .............................................................................................................. 15 ARTICJ.E 14 ACTINGPAY ........................................................................................................ 16 ARTIQ..E 15 Q..OTI-IlNG ALLOW.AN(E .............................................................................. 17 ARTICJ.E 16 ANNUAL LEA VE ................................................................................................ 18 ARTICl.E 17 HOLIDAYS ............................................................................................................ 20 ARTIQ..E 18 ADWNIS1RATIVE LEA VE ............................................................................. 21 ARTICJ.E 19 WLITARY LEA VE .............................................................................................. 22 ARTIQ..E 20 FUNERAL LEA VE .............................................................................................. 23 ARTICl.E 21 JURY DUIY ........................................................................................................... 24 ARTIC1E 22 ARTIC1E 23 ARTIC1E 24 ARTia.E 25 ARTIC1E26 ARTIC1E 27 ARTIC1E 28 ARTIC1E 29 ARTIC1E 30 ARTIC1E 31 ARTIC1E 32 ARTIC1E 33 ARTIC1E 34 ARTIC1E 35 ARTIC1E 36 LEAVES OF ABSENCE (WI1HOlIT PAY) .................................................. 25 PERSONAL IBA VE ............................................................................................ 26 SHORT 1ERM DISABI1.11Y ( SID) ............................................................... 27 WORKERS' COMPENSATION ....................................................................... 29 INSlJRANCE ......................................................................................................... 30 RETIREE HEAL1HINSURANCE ASSISTANCE ...................................... 31 PENSION I RETIREMENT PLANS .............................................................. 32 RlJLES AND REGUI..ATIONS ......................................................................... 33 TIJITION REIMBURSEMENT/DEGREE Aa-IIEVEMENf ................. 34 RECDGNITION DUES DEDUCTION .......................................................................................... 35 ASSCXIATION ACTIVITIES ........................................................................... 36 LETIBR OF OORRECTIVE ACTION .......................................................... 37 DISOPUNARY ACTION ................................................................................. 38 GRIEVANCE PRcx::::EDlJRE ............................................................................ 39 EXG . .lJSIVENESS OF CX)NJRACf ............................................................... 41 ii CONTRACT BETWEEN THE CITY OF ENGLEWOOD ANDTHE ENGLEWOOD POLICE BENEFIT ASSOCIATION This Contract entered into by the Gty of Englewood, Colorado, and the Englewood Police Benefit .Association has as its purpose the promotion of harmonious relations between the Gty of Englewood and its employees, a fair and peaceful procedure for the resolution of differences; the establishment of rates of pay and hours of work, and other conditions of employment mutually agreed upon. Except where limited by express provisions elsewhere in this Contract, nothing in this Contract shall be construed to restrict, limit or impair the rights, powers and authority of the Gty as granted to it by constitutional provision, statute, ordinance, charter or special act, the exclusive power, duty and rights to; A. Detennine the overall mission of the Gty as a unit of government. B. To maintain and improve the efficiency and effectiveness of Gty operations. C. To detennine the services to be rendered, the operations to be performed, the technology to be utilized, or the matters to be budgeted. D. To e ennine the overall methods , processes, means, job classifications or persoru1el by which Gty operations are to be conducted. E. To direct, supervise, hire , promote, transfer, assign, schedule, retain or lay-off employees. F. To suspend, discipline, discharge , and demote for cause, all full-time permanent classified employees. G. To relieve employees from duties because of lack of work or funds , or under conditions where the Gty de te rmines cont inued work would be inefficient or nonproductive . H To take whatever other actions may be necessary to cany out the wishes of the public not otherwise specified herein or limited by a collective bargaining contract. I. To take any and all actions to carry out the mission of the Gty in cases of eme rg ency. J. Nothing co ntaine d herein sha ll precl ude the Gtyfrom conferring with its employees fo r purposes of developing po licies to effectuate or impleme nt any of the above enwnerate d rig hts. ARTia.E 1. DURATION OF CONTRACT A This C.Ontract shall take effect on January 1, 2007 and shall continue in force to and including December 31, 2008. B. This C.Ontract, or any part of it, may be terminated or renegotiated at anytime bymurual consent of both parties. C If any article or section of this Contract should be held invalid by operation of law or the District Court, or if compliance with or enforcement of any article or section should be restrained by such District Court, the remainder of this Contract shall not be affected thereby and this Contract shall remain in full force and effect, and the parties shall promptly negotiate for the purpose of attempting to arrive at a mutually satisfactory replacement of such article or section. D. The parties agree and understand that provisions relating to employees covered bythis C.Ontract shall in no way displace or modify present or future statutory or case law of the State of C.Olorado. E. The parties acknowledge that during negotiations which resulted in this C.Ontract had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for negotiation discussions and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in this C.Ontract. 2 ARTICLE 2. RE<X>GNITION The Gty recognizes the Englewood Police Benefit Association as the employee organization cenified by the Gty of Englewood as the exclusive representative for sworn Police employees within the following bargaining unit: Included: Excluded: All full-time , classified sworn police officers below the rank of Sergeant of the Gty Police Division. (See Gty Clwter, Article XV. 137:2 (b),(c) @www.englewoo~v.ofi/ finance/ code -intro.htm) All others. 3 ARTIO.E 3. EMPLOYEE RIGHfS 1. A full-time classified employee who is not a confidential employee, a managerial employee, or a supervisor shall have the right: A To form, join, support or participate in , or to refrain from forming, joining, supporting, or participating in any employee organization or its lawful activities. B. Bargain collectively through their certified employee representative. C No employee shall be interfered with, restrained, coerced or discriminated against because of the exercise of these rights nor shall the right of an individual employee to discuss employment concerns with the Gty be infringed upon. 2. The Gty and the Englewood Police Benefit Association mutually agree that a fair and impartial investigation of officers is deemed appropriate and necessary. A written policy has been developed and included in the operations manual specifically addressing the issue of administrative and criminal investigations and employee rights. No changes will be made in this policy without prior consultation and review with association representative{s). ARTIQE 4. SENIORI1Y For the pwposes of this C.Ontract, seniority shall be determined first by length of continuous full-time service with the Gty Police Division according to rank and second by length of continuous full-time seivice with the Gty Police Division from the first date of hire, provided the employee successfully completed a probationary period In cases where two or more employees have the same hire date, the badge number as issued by the Division shall establish priority of position on the seniority list. Employees shall not continue to accrue seniority while laid off, and senioritywill terminate when an employee has been laid off for a period of twelve (12) months or more. After an employee successfully completes the probationary period, their name shall appear on the seniority list as of the first date of hire. The seniority of an employee shall terminate under any of the following conditions: • When a laid off employee fails to give notice of the employee's intent to return to work within seven (7) calendar days after the Gty has sent, to the employee's last known address on file with the Gty, a certified letter requesting the employee's return to work. • When the employee gives notice but fails to return to work within seven (7) calendar days after the aforesaid letter has been sent to the employee. • When the employee's employment with the Gty is terminated for any reason. • When an employee is on leave of absence as provided under Article 22, Leaves of Absence {Without Pay). • If an employee is absent for three (3) consecutive regularlyscheduled working days without notifying the Director of Safety Services or immediate supervisor prior to such three (3) days' absence without good cause as determined by the Director of Safety Services. • Failure to return to work after expiration of a formal leave of absence. • An employee rehired but whose absence from Gtyemployment was less than eighteen (18) months will have their prior accrued seniority with the retirement plan restored. • An employee rehired, but whose absence from Gtyemployment was less than twelve (12) months will have their prior accrued seniority restored with regard to all other Gty benefits. 5 ARTiaE 5. HOURS OF WORK The Police Division shall observe office and working hours necessary for the efficient transaction of their respective services. A Work Week B. A work week is a regular recurring period of 168 hours in the form of seven consecutive 24-hour periods. The workweek need not be the same as the calendar week The workweek may begin on any day of the week and any hour of the day and need not be the same for all employees. Work Schedule 1. The work schedule forofficers, including roll call and meal periods, shall consist of five (5) eight (8) hour work days; four (4) ten (10) hour work days; or other work schedule as determined by the Director of Safety Services. 2. Any change in an officer's bid or assigned schedule (starting time, quitting time, scheduled days off) will be made in accordance with paragraph C except schedule changes may be made without notice if the affected officer agrees . The City agrees to re vi ew with Association representatives issues and concerns regarding th e method and possible compensation associated with schedule changes . C Changing Work Schedules D. E. The work schedule may be changed by the Director of Safety Services provided a minimum five (5) days advance notice is given. Work schedules may be changed without advance notice in the case of emergencies as determined by the Director of Safety Services . When an employee's work schedule is changed for purposes of training, special instruction, etc ., the supervisor shall make a reasonable effort to accommodate the emplo ye e's interests concerning the scheduled change. Staffing The need for an appropriate level of staffing is recognized by the City for the purpose of efficiency and safety. The Police Division will address this issue in division policy. Mea l Periods Officers shall be granted a pai d meal period of thirty (30) minutes for each eight (8) hour work shift. Employees working a ten (10) hour work shift shall be all owed a paid forty-five (45) minute meal period. An employee mayconduct persona l business during the me~l period. The meal period shall be authorized and contro lled bythe employee's supervtsor. 6 F. Rest Periods Employees shall be granted a paid rest period not to exceed fifteen (15) minutes during approximately the first one-half of the employee's regular work day and an additional fifteen ( 15) minutes rest break approximately in the second one-half of the work day. Rest periods shall be authorized and controlled by the employee's supervisor. 7 ARTIQE 6. BIDDING PROCEDURES FOR SI-IlFf ASSIGNMENT A Seniority applicable to the seniority bid process will be determined in accordance with the total length of continuous employment as a Police Officer with the Gty of Englewood. Prior City employment in other than a Police Officer capacity will not apply toward seniority. Probationary employees will not be included in the bid process. Bidding for Watches and Days Off B. The seniority bid system will be applicable to personnel assigned to the Uniform Patrol Bureau only, and will not be authorized in any other bureau or special assignment. The Uniform Patrol Bureau commander will develop and post a schedule prior to each year for a twelve-month period A patrol officer in the Uniform Patrol Bureau will bid once each year in November for assignments within four (4) three (3) month intervals . There will be a total of five (5) non-biddable positions which shall consist of two (2) non- biddable positions on Watch I and three (3) non-biddable positions on Watch II, provided that any new position(s) added to the Uniform Patrol Bureau after January 1, 1997, shall be non-biddable positions, up to a maximum of nine (9) non-biddable positions in the bureau. The bidding process will begin with the most senior Police Office r bidding the positions of their choice . In the descending order of seniority, each remaining Police Officer will have choice of the remaining biddable positions. All spe cialized positions such as crime prevention officer, traffic officer, etc. will not be open to bid. The specialized assignments along with any no-bid positions on a watch, will be in addition to the biddable position on each watch. Officers may request non-biddable positions and an attempt will be made to accommodate them, but such positions will be assigned at the discretion of the Uniform Patrol Bureau commander. If an emplo yee fails to submit a bid in accordance with the bidding procedure, the employee will re linquish the opportunity to bid by se niority, and will be assigned at the discretion of the Uniform Pat ro l Bure au commander. An employee in anther assignment, who is reassigned to the Uniform Patrol Bureau will occupy the position vacated bythe employee they are replacing. If other positions are available, the employee ma y request assignment to such positions, but may only be assigned at the discretion of the Patrol Division commander. The officer will then be allowed to bid at the next bid process. It is further understood that sho uld a schedul e change for unforesee n emergency circ umsta nces arise, officers may be assigned by the Uniform Patro l Bureau comman der from one shift to the other to handle whatever emergency situation exists during the duration of the emergency. 8 l ARTIG.E 7. SPEGAL ASSIGNMENT The Division will maintain a written process for selection and service including perfonnance of employees for special assignments in the Police Operations Manual. The Director of Safety Services will consult with the Association regarding any future changes to the selection process. 9 ARTia..E 8. LAYOFF Whenever there is lack of work, lack of funds, or under conditions where the Gty determines continued work would be inefficient or non-productive the appointing authority shall designate the positions in which the la}Off is to be made. The order of la}Off shall be determined by the Gty Manager on the basis of the quality and length of service provided by the employees in the affected areas. Quality of work will include the employee's total employment record. This record includes annual performance evaluations, commendations, disciplinary actions, education, training, etc . Any employees who have not yet achieved permanent or regular status or who have less than twelve ( 12) months of full.time employment with the Gty shall be laid off first, regardless of performance. Permanent employees who are laid off have the right to be reemployed as a police officer, in inverse order of la}Off, provided that such recall occurs within eighteen (18) months of la}Off and the employee continues to meet the qualifications for that position. Laid off employees will stay on the recall list for eighteen (18) months. In the event the quality and length of service are equal, seniority shall prevail The recall list shall terminate after eighteen {18) months. If financial conditions warrant and at the discretion of the Director of Safety Services, an employee, recalled from la}Off to a classification lower than that held at the time of the layoff, may be moved up to the highest classification previously held at an accelerated pace. Employees shall not continue to accrue service credit, including seniority, or be eligible for any Gty benefits during la}Off, In the event of a layoff, affected employees will be given as much advance notice as possible. 10 ARTIQE 9. CDMPENSATION On January 1, 2007 the rate schedule is as shown below. Police Officer V Police Officer IV Police Officer III Police Officer II Police Officer I Regular Straight Tune Hourly Rate $21.28 $22.63 $24.89 $27 .37 $30.11 B. The schedule in "A." above will be further adjusted on January 1, 2007 to reflect the 2007 "market median" as determined by the 2006 SalarySwvey. The "market median"·will be based upon the 2007 median wage of either the top rate for the highest ranking police officer or maximum of the salary range for top ranking police officer (if the jurisdiction uses ranges vs. a flat rate) at: Arvada, Aurora, Boulder, Commerce City, Denver, Greenwood Village, Lakewood, Littleton, Longmont and Thornton. The swvey will be conducted in the 4th quaner of 2006 by the Human Resources Department, with the concurrence of the EPBA The City and the EPBA will meet by November 1, 2006 to approve the swveyand finalize the revised salary table for 2007. C The schedule in "A." above w ill be further adjus ted on January 1, 2008 to reflect the 2008 "market median" as determined by the 2007 Salary Swvey. The "market median" w ill be based upon the 2008 median wage of either the top rate for the highest ranking police officer or maximum of the salary range for top ranking police officer (if the jurisdiction uses ranges vs. a flat rate) at: Arvada, Aurora, Boulder, Commerce City, Denver, Greenwood Village, Lakewood, Littleton, Longmont and Thornton. The survey will be conducted in the 4th quarter of 2007 by the Human Resources Department, with the concurrence of the EPBA The City and the EPBA will meet by November 1, 2007 to approve the swveyand finalize the revised salary table for 2008 . dass Increase The wage increase provided for Police Officer 4th Oass through 1st dass shall no t be considered automatic, but rather based upon meritorious service. Said class increase may be granted or denied to any individual Police Officer upon recommendation of the Director of Safety Services and with the approval of the City Manager or designee upon written notice to such individual Police Officer. The date in which the class increase is approved shall determine the new class anniversary date. 11 ARTIO..E 10. MERITPAY A. Each Police Officer I shall be eligible for merit pay in an amount determined by the Director of Safety Services, up to a total of $625. for2002 and upto a total of $750. for 2003. B. Such merit pay shall be awarded in the exercise of the Director's discretion, based upon specific written objective and subjective perlonnance criteria developed bythe Director and made available to employees. C. Eligible employees who believe they meet the criteria for such an award shall submit applications to the Merit Pay Review Committee on or before thiny (30) days prior to the employee's employment anniversaiy date. The Committee shall make a recommendation to the Director regarding the amount of the merit pay, if any, to be awarded to the employee. The amount recommended shall not exceed the amount set forth in Paragraph A, above. The Director shall promptly consider and make a determination as to each such recommendation. 12 _____ ... ARTIQE 11. OVERTIME WORK A Employees covered bythis C.Ontract shall be compensated at time and one-half (11/2) the employee's regular hourly rate of pay for all assigned hours worked over and above their regular DAILY work schedule . B. Overtime shall not be pyramided, compounded or paid twice for the same hours worked. C The Gtyretains the right to assign overtime work to any employee qualified to perform the work. D. Overtime available during a given watch shall be offered on a voluntary basis to officers working the preceding or succeeding watch, as appropriate, in order of seniority. If no officer accepts, the least senior officer may be required to work the overtime, an accommodation may be authorized, or the Gty may, at its discretion, call any officer in to work the overtime. E . Employees who have worked overtime hours maytake time off in lieu of overtime pay upon mutual agreement between the employee and the employee's supervisor. If there is no mutual agreement, the employee shall be paid Such time off shall be taken during the pay period in which it was earned and shall be paid in accordance with section A above. If the employee is unable to take such time off as a result of emergency or unforeseen circumstances, the employee will be compensated at the overtime rate of pay for such time. F. Employees required to attend firearms qualification on their off-duty time will be guaranteed two (2) hours overtime pay if they successfully qualify during such attendance. Employees required to attend firearms qualification on their off-duty time and who fail to qualifywill be compensated for time actually spent in attendance at the qualification facility at their regular rate of pay unless payable as overtime pursuant to this Article. 13 ARTICLE 12. CALL BACX A An employee on off-duty status who is called back to duty shall be credited with a minimum of two (2) hours of pay at the rate of one and one-half ( 1 1/ 2) the employee's regular hourly wage rate. B. An employee called back to work during the first two {2) hours prior to the start of their regular shift shall be paid at the overtime rate for all hours actually worked up to the starting time of their regular shift. C Should any employee be required to testify before any court or divisional administrative hearing as a result of his/her official duties with the City, the time spent by such employee in providing such testimony shall be considered to be work time. If such appearance for testimony is at a time when the employee would otherwise be off duty, the employee shall be paid as provided under Section A above. The employee shall pay to the City all witness fees, and other compensation paid to the employee in conjunction with so testifying excluding mileage fees. An employee who is called for witness duty shall present to their supervisor the original summons or subpoena from the court or at the conclusion of such duty, shall provide a signed statement from the clerk of the court, or other evidence indicating the amount of time his/her person was required. D. When an employee is subpoenaed as a witness in private litigation to testify, not in his/her official capacity but as an individual, the time absent by reasons thereof shall be taken as any accrued leave or leave without pay, if all accrued leave is exhausted. 14 AR'TICLE13. STANDBY Employees assigned to stanclbydutyshall be credited with two and one-half (2 ~) hours of pay at the overtime rate of pay for each twenty-four (24) hour period, during which they are on standby. Employees assigned to standby for less than a twentya-four (24) hour continuous period shall be credited with one (1) hour of pay at the overtime rate for each such assignment. 15 - ARTIOE 14. ACTING PAY See City of Englewood Administrative Policy #1, "Acting Pay" for discussion of acting pay for positions not covered by this contract. (Administrative Policy Manual can be found on the (L:) Drive (Everyone drive) in the HR folder on the Gty network). 16 c . --~---------=---- ARTIQ.E 15 . QOTiiINGALl..OWANCE A The Gty shall furnish, or reimburse the cost of unif onns, including leather gear, insignias, shoes and clothing, required while on duty, and shall pay all costs of maintenance, repair and cleaning thereof, provided that reimbursement of such costs shall not be required if approval of the Division Cliief is not obtained in advance. All employees assigned to non-uniform positions for a period of thirty (30) days or more and not required to be in uniform during work, shall re r.eive a monthly clothing allowance of $100. This allowance will be payable in a $1200. lump sumonJai • .....uy 1 of each year but shall be prorated for employees beginning and terminating employment or the assignment to a non-uniform position during the year. The employee shall be responsible for all lost or stolen items identified above, or damage to the same, as a result of 1HE EMPLOYEE 'S negligence or deliberate act. B. The Gtywill provide on a replacement basis a high quality bullet proof vest (flack jacket). Replacement shall be made once every five (5) years, or at such earlier time as the City is notified of any event or condition rendering such a vest unsafe for its intended purpose. In the event of specialized or customized vests, the Gty will pay the same dollar amount for the Gty issued and authorized vest with the employee paying the differences in cost. 17 ARTIQ..E 16. ANNUAL LEA VE Employees shall earn annual leave at the following rates. Length of Service 0-4 years 5-9 years 10-19 years 20 and above The earning limits for annual leave shall be as follows: Length of Service 0-4 years 5-9 years 10-19 years 20 and above Hours per Year 96 120 160 170 192 240 320 360 A Annual leave shall not be granted to any employee until after completion of six (6) months consecutive service with the City. B. The schedule for use of annual leave shall be determined by the needs of the department. Annual leave shall be taken at a time convenient to and approved bythe Director of Safety Services . (See City of Englewood Administrative Policy 30, "Annual Leav e", for further details .) Annual Leave Pay The rate of annual leave pay shall be the employee's regular straight time hourl y rate of pay for th e e mployee 's regular jo b . Annual leave sh all b e allowed o nly to the t o tal h o urly am o unt accumulated during the pay period in which th e leave is taken . Work During Annual Leave If after the employee has begun their annual leave and the City requires the employee to work during the scheduled annual leave period, the employee shall be compensated as follows: A The employee shall be paid for all hours worke d at the ovenime rate. B. The employee shall not be charged with annual leave for the number of hours worked. 18 There shall be a one-week minimum on use of annual leave time, unless otherwise authorized by the Director of Safety Services or his/her designated representative. (Exception: If all personal leave has been exhausted and the employee is ill or injured, annual leave may be substituted for personal leave, and will serve as the elimination shift in order to access Short Term Disability. In this instance the employee must notify his/her supervisor one hour prior to the start of his/her shift.) The maximum use of annual leave shall be no greater than the amount accumulated by the employee during the pay period in which the leave is taken, and in no event shall the annual leave exceed four ( 4} consecutive weeks unless otherwise authorized by the Director of Safety Services. Annual Leave Pay Upon Separation Any employee who is separated from the service of the City, i.e., retirement, termination (if employee has completed six (6) months of continuous service with the Ci~, or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation at the employee's regular hourly wage rate. Annual leave is not to be used to extend an employee's date of separation. Biddin~forAnnualLeave Each officer will bid one annual leave, by seniority, for the year's period, January 1 through December 31. Additional annual leave periods will be granted, on a first requested basis, only after all seniority-bid annual leaves have been scheduled. The bidding process for annual leave will take place in November as scheduled by the Uniform Patrol Bureau commander after completion of all bidding for watches and days off. Annual leaves are expected to be scheduled in good faith by each employee and shall specifythe exact dates desired. In the Uniform Patrol Bureau, not more than four ( 4) officers per wat ch will be scheduled for annual or holiday leave at the same time, unless approved by the Director of Safety Services ordesignee . Within the Investigative Servic es Bureau , not mo re than two (2) officers will be scheduled for annua l leave or holiday leave at any one time unless approved by the Director of Safety Services . Annual leave will be administered at the discretion of the Director of Safety Services ordesignee for personnel assigned to any other Bureau(s). 19 ARTICLE 17. HOLIDAYS A Officers assigned to the Uniform Patrol Bureau shall be scheduled for one hundred (100) hours of holiday time with pay at the discretion of the Director of Safety Services or designee. Holidays will be bid after all annual leave has been bid by seniority, with annual leave taking precedent over holidays. The bid time for holidays is the same time as annual leave according to the bid schedule, except that any holidays not scheduled or used by August 1 of that year may be assigned. B. Officers assigned to the Investigative Seivices Bureau will be granted ninety-six (96) hours of time off on the regularly obseived Gty holidays. If a holiday falls on one of their regularly scheduled days off, these employees will be given an alternate day off. These officers may also be granted a "floating holiday" option. They may be allowed to exchange any of the below listed holidays for any other day in the year he/ she is normally scheduled to work. Scheduling will be made with the approval of the Director of Safety Seivices or designee. Presidents ' Day · Veterans Day Friday after Thanksgiving Martin Luther King Day Labor Day :Memorial Day Ou-istmas Eve New Year's Eve C. If after the employee has begun their holiday and the City requires the employee to work during the scheduled holiday period, the employe e shall be compensated as follows : 1. The employee shall be paid for all hours worked at the overtime rate. 2. The employee shall not be charged with holiday time for the number of hours worked. D. Upon mutual agreement of the employee and the Director of SafetySeivices or designee , a maximum of fifty (50) hours of holiday time may be cashed out for pay, in lieu of time off. At the emp loyee's optio n, ten (10) hour s of holid ay shall be gu arant eed to be ca shed out for employees wo rking te n (10) hour shifts and eight (8) hours of holiday time shall be guaranteed to be cashed out for pay, in lieu of t im e off, for emplo ye es workin g eight (8) hour shifts . The rate of pay shall be at the employee's regular hourlywage. E. In the Uniform Patrol Bureau, not more than four (4) officers per watc h will be scheduled for annual or holiday leave at the same time, unless approved by the Director of Safety Seivices or designee. Within the Invest igative Seivices Bureau, not more than two (2) officers will be scheduled for ann ual or holiday leave at th e same time, unless ap p rove d by the D irecto r o f Safety Services or designee . F. Holiday leave will be administered at the discretion of the Director of Safety Seivices or designee for personnel assigned to any other Bureau(s). .. 20 ARTia.E 18. AO:MINISlRATIVE LEAVE Administrative leave with pay may be granted an employee at the discretion of the Director of Safety Services or designee. 1his leave is used when circumstances require in the best interests of the Gty and/ or employee that the employee should temporarily be relieved from duty. 21 ARTIQ..E 19. MILITARYLEAVE See City of Englewood Administrative Policy #35, "Military Leave". 22 ARTIQE 20. RJNERALLEAVE The Director of Safety Services shall grant leave with payto an employee to attend the funeral of a member of the employee's family. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exceed seven (7) calendar days. For the purpose of this section, "employee's family'' shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse. 23 ARTIO..E 21. JURY DUIY See Gty of Englewood Administrative Policy #34, "Jury Duty and Witness Service". 24 ARTICLE 22. LEAVES OF ABSENCE (WI1HOUf PAY) See City of Englewood Administrative Policy #38, "Unpaid Leaves of Absence". 25 ARTICE 23. PERSONAL LEA VE All employees covered by this Contract on an eight (8) hour work day shall be granted 48 personal leave hours with pay and those on a ten ( 10) hour work day shall be granted 50 personal leave hours with pay which an employee is entitled to use for the following purposes: A Employee's own illness/injury B. Illness/injury of employee 's family C. To attend to personal business For any employee who has not used the 48 or 50 personal leave hours ending October 31 of each year or any portion thereof, the Gty will compensate said employee for the unused time at the employee's wage rate to be paid during the month of November of that year. Personal leave time shall not exceed the 48 or 50 hours as designated above nor shall it be accumulated or carried over from one year to the next. Personal leave shall be scheduled and administered W1der the direction of the Director of Safety Services for personal business. In the event of illness/injwy in which personal leave is requested, the employee shall notify their supervisor or other person designated by the supervisor at least one (1) hour prior to their scheduled reporting time. Personal leave shall be prorated for employees beginning and terminating employment with the Gty during the November 1 -October 31 time period. 26 ARTICU: 24. SHORT TERM DISABIL11Y (STD) A Definition Upon completion of 90 days of service, STD leave is granted for non-service connected injuries (except as described below in section D.,2.,b.) or illnesses of an employee which prevents the employee from performing his/her duties as a Gty employee. B. Provision The Gtyagrees to provide SID leave with payforemployees absent as a result of illness/injwy as follows: c.. 91 days-4 years 5-9 years 10+ years Accumulation and Restoration 347 hours 520 hours 693 hours SID leave shall not be accumulative except that on January 1 of each year, the Gty shall restore 100% of the number of hours previouslyused byan employee as follows: 91 days-4 years 5-9 years 10+ years up to a maximum of 17 4 hours up to a maximum of 260 hours up to a maximum of 347 hours Such restoration shall continue each year until such time as the employee accrues the maximum number of hours for which he or she is eligible under Article 2 4 .B. D. Utilization 1. Upon completion of 90 days of service, authorization for STD leave with pay shall only be granted after the first shift of disability. The first shift of disability will be paid with the employee's accumulated leave time in the following order: personal leave, annual leave, holiday leave. After all accrued leaves have been exhausted, the first shift of disability will be leave without pay. 2. Authorization for SID shall only be granted for the following reasons: a. Personal illness or injwy not service connected, including maternity related disability. b. Service connected injury or illness only after the ninety days described in Article 25, Workers ' Compensation, has been exhausted. 27 E. Sick Leave Option All sick leave accrued by pennanent employees prior to January 1, 1980 shall vest with the employee, and may be used in the following manner: 1. After the 693 hours as described above have been used unless the employee is entitled to retirement as a result of disability. 2. By cashing in all accrued sick leave accumulated under the previous plan upon normal or disability retirement from the City at the rate of one hour's pay for each two hours of accrued sick leave or one hour's pay for each four hours upon separation from the City. 3. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate of four(4) hours sick leave for one (1) hour pay, not to exceed a conversion of more than 400 hours each year. F. Reporting of SID The employee or a member of the employee's household shall notify the employee's supetvisor at least one ( 1) hour prior to the employee's scheduled reponing time. No STD leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee's work schedule unless circumstances beyond the control of the employee would not permit. G. Verification of Disability If absence from work is three (3) days or more, a medical release must be provided to the employee's supervisor, who will forward it to Human Resources for possible Family and :Medical Leave qualification. If the Director of Safety Services requires a physician's statement of disability in addition to the one mentioned above, the Gty shall bear reasonable and necessary costs required to obtain such physician's statement. H Abuse of SID An employee who makes a false claim for SID leave shall be subject to disciplinary action. 28 ARTICLE 25 . WORKERS' COMPENSATION A Foranyon-the-job injurywhichcauses anyemployee to be absent from work as a result of such injury, the Oty shall pay to such employee his/her full wages from the first day of his/her absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability wages under workers' compensation. After exhaustion of the ninety (90) days if the employee is still disabled, he/ she can utilize leave under the provisions of Anicle 24. The Oty reserves the right to require any employee on injury or disability leave to submit to an examination(s) by Go/appointed physician(s) at the Oty's expense or under the provision of workers' compensation or the retirement/ pension provisions as provided under State Statute. B. All injuries that occur during working hours shall be reported to the employee's supervisor within 24 hours of the injury or before the employee leaves their depanment of employment unless circumstances beyond the control of the employee would not permit. C. During the term of this Agreement, the City shall pay one-half (1/2) of the state- mandated contnbution for death and disability pursuant to § 31-31-811( 4), CRS., for officers hired after January 1, 1997. 29 ARTiciE 26 . INSURANCE A :MEDICAL The City will pay ninety percent (90%) of the premium cost for "employee only" coverage, eightr-tive percent (85%) of the premium cost for "employee plus one" coverage and eighty percent (80%) of"family" coverage for medical insurance. Employees will pay 10%, 15% or 20% of the premium cost. B. DENTAL The City will pay ninety percent (90%) of the premium cost for "employee only" coverage, eightr-five percent (85%) of the premium cost for "employee plus one" coverage and eighty percent (80%) of "family" coverage for dental insurance. Employees will pay 10%, 15% or 20% of the premium cost. C UFE Term life insurance will be provided bythe Gtyforemployees covered bythis C.Ontract in an amount equal to one year's salary as specified in Anicle 9 .A or B, C.Ompensation, whichever applies, not to exceed $50,000 . D. Any dispute concerning the interpretation or application of benefits provided under the health or dental plans shall be subject to the plan appeal process. It is expressly understood that this anicle is a non-grievable item under this Contract. 30 , ARTIQ..E 27 . RETIREE HEAL1HINSURANCE ASSISTANCE It is understood and agreed by both panies that any refenal to health insurance for retirees or future retirees is not to be construed as a pan of this C.Ontract. The Gty agrees to pay the retiree $75.00 per month for employees who retired on or before December 31, 1994; and $100 .00 per month for employees who retire on or after Januaiy 1, 1995. 31 ARTia.E 28 . PENSION/RETIREMENf PLANS The pension plan description for employees covered by this C.Ontract is set forth in Title 3, Oiapter 5 of the Englewood Municipal C.Ode . Additionally, the plan document for the Gty of Englewood Police Pension Plan (ICMA Retirement C.Orporation Prototype Money Purchase Plan and Trust) is available for inspection in the Depanment of Finance and Administrative Services. 32 ( ( ARTia..E 29. RULES AND REGUIATIONS A Except as limited bythe express terms of this Contract, the City retains the right to promulgate reasonable rules, regulations, policies, procedures and directives. Said rules, regulations, policies, and procedures and directives which are an alleged violation of this Contract shall be subject to the grievance procedure. B. The City agrees to meet and confer in a timely manner with the Association concerning the formulation of changes of rules and regulations, policies, procedures and directives. 33 ARTIQ..E 30. TIJITION REIMBURSEMENf/OEGREE AOiIEVEMENf RECOGNITION See Gty of Englewood Administrative Policy #29, "Tuiti on Reimbursement/Degree Achievement Recognition". ARTIQE 31. DUES DEDUCilON A The City agrees to deduct the Association dues once each pay period from the pay of those employees who individually request in writing that such deductions be made, subject to the garnishment laws of the State of C.Olorado. The amounts to be deducted shall be cenified to the City Director of Human Resources by the Treasurer of the Association, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revocable during the term of the Contract, upon a thirty {30) day written notice by the employee to the City Finance and Administrative Services Director. B. If no wages are paid an authorized employee on the last pay period of a given pay period, deduction for that pay period will be made from any wages which may be paid to him/her on the next succeeding final monthlyGtypayperiod. It is expresslyunderstood that the City assumes no liability and shall not be liable for the collection or payment to the Association of any dues during any time that an employee is not actuallyworking for the City and actuallyon the payroll of the Gty. In the event of error on the check-off list, the City will not be responsible to make adjustments, until notified by the Treasurer of the Association. C The Association shall indemnify and hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Anicle. D. Oianges in the dues amount to be deducted shall be limited to two (2) changes each year, and provided a thiny (30) day written notice is provided the City Director of Human Resources. E. Should the change in the deduction amount or method require a computer programming change, the Association shall be responsible for that cost of such change or changes, at $30 per hour with a four ( 4) hours maximum. Payment from the Association shall be made to the City Director of Human Resources within ten (10) days of receipt of billing. 1 35 - ARTiaE 32. ASSCXJATION ACTIVITIES The Gty agrees that during working hours on the Gty premises and without loss of pay, Association representatives may be allowed to: attend Association-management meetings; attend negotiation sessions; post Association notices on Gty designated bulletin boards; solicit Association memberships during employee's non-work time; and represent employees on grievances and disciplinary matters provided the work load permits as determined by the Director of Safety Services or designated representative and requires no overtime pay. 36 ARTia.E 33. LE TIER OF CORRECI1VE ACTION A Opa.l Corrective Action -Whenever grounds for corrective action exists and the supeivisor determines that the incident, action or behavior of the employee is such that more severe action is not immediately necessary, the supervisor should orally communicate to the employee the supeivisor's observation of the problem and off er assistance in correcting the situation. When an oral corrective action is given, the supervisor should ensure that the employee's departmental personnel file is documented to show the date of the corrective action and the nature of the corrective action. The employee should be advised that the corrective action will be documented in the employee's departmental file. Examples of reasons that may result in an oral corrective action are listed under City of Englewood Admini strative Policy Manual, Policy #25, "Corrective and Disciplinary Action", and the Police Operation Manual, 3.1, "Code of Conduct" and 3 .2, "Discipline". B. Written Cprrective Action -When the supervisor determines that a written corrective action is appropriate and necessary, the corrective action shall be addressed to the employee and shall include the violation; the specific behavior and the dates of the behavior (when appropriate) that support the charge; the warning that continuance of this behavior will result in disciplinary action; and an offer of assistance in correcting the behavior. A signed copy of the corrective action by the supeivisor shall be included in the employee's official personnel file in the Human Resources Department, and the employee shall have the opportunity to submit written comments in response to the corrective action to be included in the file. After a period of one (1) year from the date of the filing of the written corrective action, the employee's current and regular supervisor shall review said letter and provide a follow-up letter indicating the status of the written corrective action. Examples of reasons that may result in a written corrective action are listed under City of Englewood Administrative Policy Manual, Policy #25, "Corrective and Disciplinary Action", and the Police Operation Manual, 3.1, "Code of Conduct" and 3.2, "Discipline". C The employee retains the right to request an administrative review of the written corrective action. The Director of Safety Seivices shall develop this administrative review-procedure which shall at a minimum consist of a board with equal representation of command staff to be selected by the Dire ctor of Safety Services, and Association members to be selected by the employee. 1his boa rd sha ll be adv isory to the D irect or of Safe ty Se ivices , and its findings shall be pla ced in the employee's personnel file. 1his Article shall not be grieva ble und er this C.ontract. If this proce dure is not observed, at the request of the Association a meeting maybe held between the Department, the Gty Manager's office and the Association to address this issue. 37 ARTia..E 34. DISQPLINARY ACTION Disciplinary actions are those personnel actions administered against an employee for an offensive act or poor job performance, which actions adversely affect the current pay, current status, or tenure of the employee. 1. Disciplinary action penalties include suspension, demotion, and discharge of an employee. 2. Disciplinary action may be administered concurrently with corrective actions. 3. Reasons for disciplinary action are defined under City of Englewood Administrative Policy Manual, Policy #25, "Corrective and Disciplinary Action" and the Police Operations Manual: 3.1, "Code of Conduct" and 3.2, "Discipline". An employee shall be allowed at his/her discretion one (1) Association representative to be present during predisciplinarymeetings. This provision shall applyonlywhen an employee desires the assistance of an Association representative and onlywhen the employee believes that disciplinary action as defined above may be taken against the employee. 38 ARTICLE 35. GRIEVANCE PROCEDURE A grievance is defined as an alleged violation concerning the interpretation or application of a specific provision of this C.Ontract. The employee and the Association shall be required to follow the procedure as set out below. If the employee/ Association is unable to settle the grievance or dispute orally and informally through his/her immediate supervisor within seven (7) calendar days of the date of the occurrence of the grievance, or the employee's knowledge of it, the employee may within the succeeding seven (7) calendar days file a written grievance with his/her supervisor. The supervisor shall attempt to resolve the matter and shall respond in writing to the employee within seven (7) calendar days. An Association or general grievance shall be presented directly by the President of EPBA or his designee to the Director of Safety Services. If the grievance still remains unresolved, it shall be presented by the employee to the Division duef in writing within seven (7) calendar days following receipt of the supervisor's response. The Division Ouef shall respond in writing within seven (7) calendar days . If the grievance still remains unresolved, it shall be presented by the employee to the Director of Safety Services in writing within seven (7) calendar days following receipt of the Division duef's response. The Director of Safety Services shall respond in writing within seven (7) calendar days. If the grievance still remains unresolved, it shall be presented by the emplo ye e to the Gty Manager in writing within se ven (7) calendar days following receipt of the Dire ctor of Safety Services ' respons e. The Gty Manager or his/her designated representative shall respond in writing wi thin fourt ee n (14) cal endar days . If the grievance is still unresolved, the employee within founeen (14) ca lendar days after the reply of the Gty Manager or his/her designated representative, may by written notice request the matter be heard by an arbi tra to r. If within five days of the reques t for arbitration the Association an d the Gty cannot mutua ll y agree on an impanial arbitra tor, a re qu es t will be fil ed with th e American Arbitrat ion Association for a pane l of seven arbi trators to be se nt to th e parties. The arbitrator shall be selected bya method of alternative striking of names from the pane l, with the first strike detennined by a coin flip. The final name left on the panel shall be the arbitrator. The arbitrator sha ll be requested to issue a de cision within thiny (30) days after conclusion of testimony and argument. 39 Each party shall be responsible for compensation to its own representatives and witnesses. The fees of the arbitrator shall be shared equally by the Association and the City. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record and makes copies available to the arbitrator. If the other party wishes to have a copy of the transcript, it shall share equally all costs of the transcript. Failure byan employee or the Association to complywith anytime limitation shall constitute a settlement of the grievance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. At the employee's option, the employer may be allowed additional time to respond. Authority of Arbitrator The arbitrator shall have no power to add to or subtract from or change the tenns of this Contract. The written decision of the arbitrator shall be final and binding upon the panies. The arbitrator shall limit his/her decision strictly to the grievance submitted which has been properly processed through the grievance procedure outlined. Processing Grievance During Working Hours Grievances may be investigated and processed bythe employee and one ( 1) on-duty Association representative at the employee's request during working hours within reasonable time limits without loss of pay provided notice is given and the work load permits . 40 ARTIQ.E 36. EXCLUSIVENESS OF (X)NJRACT The utyand the Association agree that the terms and provisions herein contained constitute the entire Contract between the parties and supersede all previous communications, representatives or agreements, either verbal or written, between the parties with respect to the subject matter herein. The uty and the Association agree that all negotiable items have been discussed during the negotiations leading to this Contract and, therefore, agree that negotiations will not be reopened on any item during the life of this Contract except by mutual agreement of the parties. IN WI1NESS WHEREOF, the parties have caused this Contract to be signed by their respective representatives, and their signatures placed thereon, on this __ day of July, 2006 at Englewood, Colorado. QTY OF ENGLEWOOD ENGLEWOOD POLlCE BENEFIT ASSOOATION Mayor ATTEST: GtyOerk utyManager COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 10, 2006 11 C ii Collective Bargaining Agreement Between the City and the EFFA for 2007 and 2008 Initiated By: Staff Source: Human Resources Department Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Bargaining Agreement with the Englewood Fire Fighters Association was approved by Council for 2005 and 2006. RECOMMENDED ACTION Staff requests Council adopt a resolution to approve the Collecti ve Bargaining Agreement between the Englewood Fire Fighters Association and the City of Engle w ood for the years 2007 and 2008. The contract covers approximatel y 46 employees . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Engle w ood and the Englewood Fire Fighters Association entered into negotiations in May of 2006 in accordance w ith the City of Engle w ood Charter. The members of the Engle w ood Fire Fighters Association dul y ratified , by a majority vote, the Collecti ve Bargaining Agreement. Th e significant changes to th e c ontract are as follow s: 1. A 2.65% in c rease on 2006 w age s w ill b e grant ed o n Janu ary 1, 2007. 2. A m ark et adj ustm ent, base d o n th e sa lary sur vey to be con du c ted in th e thi rd qu art er of 2006, wi ll be ma de on January 1, 2007 in addition to #1 above. 3. A market adjustment, based on the salary survey to be conducted in the third quarter of 2007, will be made on January 1, 2008. 4. The emp loyer contribution to heal th/dental premiums will no longer be 85% for all levels of coverage. Th e City wi ll con t ribute 90%, 85% or 80% depending on coverage level. 5. The City will add 8 hours of holiday pay /time to the current 7'2. hours. FINANCIAL IMPACT The impact of the salary increase mentioned in #1 above will be approximately $79,000 for 2007 ( laries , Medicare and pension). The impact of the salary increases dependant on the 2006 and 2007 salary surveys (#2 and #3 above) is not known at this time. Each 1 % increase to wages (including Medicare and pension) will cost approximately $29,600. LIST OF ATTACHMENTS EFFA Collective Bargaining Agreement for 2007 and 2008. RESOLUTION NO. SERIES OF 2006 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO. 1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 2007 AND 2008. WHEREAS, the Englewood City Council authorized the Collective Bargaining Contract between the Englewood Firefighters Local No. 1736 and the City of Englewood for the years 2005 through 2006, by the passage of Resolution No . 34, Series of 2006 ; and WHEREAS, the Englewood City Council authorized the Collective Bargaining Contract between the Englewood Firefighters Local No . 1736 and the City of Englewood for the years 2003 and 2004, by the passage of Resolution 52 , Series of 2000 ; and WHEREAS, the Englewood City Council authorized the Collective Bargaining Contract between the Englewood Firefighters Local No. 1736 and the City of Englewood for the years 1999 and 2000, by the passage of Resolution I 07, Series of 1998 ; and WHEREAS, the City of Englewood and the Englewood Firefighters Local No. I 736 entered into negotiations in May, 2006 in accordance with the Englewood City Home Rule Charter; and WHEREAS, the members of the Englewood Firefighters Local No . 1736 duly ratified , by a majority of the members , the Collective Bargaining Contract; and WHEREAS , changes to the Contract are as follows : (I) Employees covered by the Contract wi II receive a 2.65% increase on 2006 base wage rate effective January I , 2007; (2) A market adjustment , based on the salary survey to be conducted in the third quarter of 2006, will be made on January I , 2007 in addition to No. I , above ; (3) A market adjustment, based on the salary survey to be conducted in the third quarter of2007 will be made on January I , 2008 ; ( 4) The employer contribution to health/dental premiums will no longer be 85 % for all leve ls of covera ge. The City w ill contri bute 90%, 85 % or 80% depending on coverage level; and (5) The City will add 8 hours of holiday pay/time to the current 72 hours ; NOW, T HER EFO R E, BE IT RESOLV ED BY THE CITY COUNC IL OF THE C ITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I . Th e City Co un ci l of the City of Eng lewood , Co lorado hereby approves the Co ll ecti ve Bargaining Contract between th e Englewood Firefighters Local No . 1736 and th e City of Eng lewood for the Years 2007 and 200 8, attached hereto as Exhi bit A. Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest the Collective Bargaining Contract between the Englewood Firefighters Local No. 1736 and the City of Englewood , Colorado, for the Years 2007 and 2008. ADOPTED AND APPROVED this I 0th of July, 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 COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL 1736 l AND THE CITY OF ENGLEWOOD FOR THE YEARS 2007 AND 2008 - I! X H I a I T A 0 INDEX ARTICLE 1 RECOGNITION Page 3 ARTICLE 2 EMPLOYEE RIGHTS Page4 ARTICLE 3 BULLETIN BOARDS Page5 ARTICLE 4 DUES DEDUCTION Page6 ARTICLE 5 RULES AND REGULATIONS Page 7 ARTICLE 6 DURATION OF CONTRACT Page 8 ARTICLE 7 HOURS OF WORK Page9 ARTICLE 8 COMPENSATION Page 10 ARTICLE 9 OVERTIME Page 12 ARTICLE 10 ACTING PAY Page 14 ARTICLE 11 ANNUAL LEAVE Page 15 ARTICLE 12 PERSONAL LEA VE Page 16 ARTICLE 13 SHORT TERM DISABILITY -STD Page 17 ARTICLE 14 WORKERS ' COMPENSATION Page 19 ARTICLE 15 M ILITARY LEA V E Page 20 A RTICLE 16 FUNERAL LEA VE Page 2 1 ARTICLE 17 JURY DUTY AND WITNESS SERVICE Page 22 ARTICLE 18 HOLIDAYS Page 23 ARTICLE 19 VOTING LEA VE P age 24 ARTICLE 20 TRADING TIME P age 25 ARTICLE 21 UNPAID LEAVES OF ABSENCE Page 26 INDEX (CONTINUED) ARTICLE 22 UNIFORMS Page 27 ARTICLE 23 MILEAGE REIMBURSEMENT Page 28 ARTICLE 24 INSURANCE Page 29 ARTICLE 25 LIFE INSURANCE Page 30 ARTICLE 26 RETIREE HEALTH INSURANCE REIMBURSEMENT Page 31 ARTICLE 27 LAYOFF Page 32 ARTICLE 28 TUITION REIMBURSEMENT/DEGREE ACHIEVEMENT RECOGNITION Page 33 ARTICLE 29 SETTLEMENT OF DISPUTES Page 34 ARTICLE 30 SUPPLIES Page 37 ARTICLE 31 DRUG TESTING AND PHYSICAL FITNESS Page38 ARTICLE 32 DEATH AND DISABILITY ASSESSMENT Page 39 ARTICLE 33 EXCLUSIVENESS OF CONTRACT Page40 COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL #1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 2007 AND 2008 This contract is entered into by and between the City of Englewood (hereinafter referred to as the "City") and the Englewood Firefighters (hereinafter referred to as the "Union"). It is the purpose of this contract to achieve and maintain harmonious relations between the City and the Union; to provide for equitable and peaceful adjustment of differences which may arise, and to establish proper standards of wages, hours and other conditions of employment. ., Except where limited by express provisions elsewhere in this contract, nothing in this contract shall be construed to restrict, limit, or impair, the rights, powers and authority of the City as granted to it under the laws of the United States, the State of Colorado and the City's Charter and Municipal Code. The rights, powers, and authority include, but are not limited to, the following: A. The determination of Fire Division policy including the right to manage the affairs of the Fire Division in all respects . B. The right to assign working hours, including overtime. C. The right to establish, modify or change work schedules, manning of apparatus, amount of apparatus in the main or reserve fleet , etc. D . The right to direct the members of the Fire Division including the right to hire, promote, transfer or discipline or discharge for cause, any firefighter within the Fire Division. E. The table of organization of the Fire Division including the right to organize and reorganize the Fire Division in any manner it chooses, including the size of the Fire Division and the determination of job classification and ranks based upon duties assigned. F. The determination of the safety, health and property protection measure for the Fire Division. - G. The allocation and assignment of work to all firefighters within the Fire Division. H. The determination of policy affecting the selection or training of firefighters. I. The scheduling of operations and the determination of the number and duration ofhours of assigned duty per week. J. The establishment, discontinuance, modification and enforcement of Fire Division rules, regulations and orders. K. The transfer of work from one position to another within the Fire Division. L. The introduction of new, improved or different methods and techniques of operation of the Fire Division or a change in the existing methods and techniques. M. The placing of service, maintenance or other work with outside contractors or other agencies of the City. N. The determination of the number of ranks and the number of firefighters within each rank. 0. The determination of the amount of supervision necessary. 2 ( ARTICLE 1 . RECOGNITiON The City recognized the Union as the organization certified pursuant to the Charter of the City of Englewood, as the sole and exclusive collective bargaining agent for all full-time classified Englewood Firefighters including Firefighter, Driver-Operator-Engineer, Firemedic and Lieutenants. The City agrees that it will not decertify or withdraw recognition of the Union as a result of any member of the bargaining unit serving temporarily in an acting capacity in a position outside of the bargaining unit. 3 -·- ARTICLE 2. EMPLOYEE RIGHTS See Article XV, "Englewood Employee Relations and Career Service System Act-1981" of the Home Rule Charter of the City of Englewood. Exhibit I. See related City Of Englewood Policies: • # 6 Equal Employment Opportunity/Harassment • #47 Violence In The Workplace 4 Exhibit II Exhibit III ( ARTICLE 3. BULLETIN BOARDS/UNION ACTNITY A. The City agrees to provide space in the fire station for Union bulletin boards that shall be properly maintained by the Union. They are to be used for the following notices: 1. Union meetings. 2. Union elections. 3. Reports of Union committees . 4 . Rulings of policies of the International Union. 5 . Recreational or social affairs of the Union. B. The Union agrees that there shall be no other general distribution or posting by the Union or employees upon City property, provided, however, the Director of Safety Services may permit other material not provided for above at his/her discretion to be posted or distributed. The material posted shall not contain anything reflecting derogatorily upon the City, any of its employees, or any other organization of City employees. The City agrees that during working hours on City premises and without loss of pay, Union members may be allowed to: attend Union and/or management meetings, post Union notices, solicit Union membership during employee's non-work time, and one on-duty representative will be allowed to assist an employee on grievances, or appeals, provided advance notice is given to the Director and the work load permits. The City shall provide relief for Union negotiators who are on duty during scheduled negotiating sessions. 5 D ARTICLE 4. DUES DEDUCTION A. The City agrees to deduct the Union dues from each bi-weekly paycheck of those employees who individually request in writing that such deductions be made, subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be certified to the City Director of Human Resources by the Treasurer of the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revocable during the term of the Contract, upon a thirty (30) day written notice by the employee to the City Director of Human Resources. B. It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the Union of any dues during any time that an employee is not actually working for the City and actually on the payroll of the City. In the event of error on the checkoff list, the City will not be responsible to make adjustments, until notified by the Treasurer of the Union. C. The Union shall indemnify and hold the City harmless against any and all claims, suit, orders or judgment brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. D. Changes in the dues amount to be deducted shall be limited to two (2) changes each year and provided a thirty (30) day written notice is provided to the City Director of Human Resources. E. Should the change in the deduction amount or method require a computer programming change, the Union shall be responsible for the cost of such change or changes, at $30.00 per hour with a four (4) hour maximum. Payment from the Union shall be made to the City Director of Finance and Administrative Services within ten (10) days of receipt of billing. 6 ARTICLE 5. RULES AND REGULATIONS A. Except as limited by the express terms of this contract, the City retains the right to promulgate reasonable rules, regulations, policies, procedures and directives. Said rules, regulations, policies, procedures and directives which are an alleged violation of this contract shall be subject to the grievance procedure. B. The City agrees to consult with the Union concerning the formulation of changes of rules and regulations, policies, procedures and directives . 7 - ARTICLE 6. DURA TJON OF CONTRACT A. This contract shall take effect on January I, 2007 and shall continue in force to and including December 31, 2008. B. This contract, or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or section of this contract should be held invalid by operation oflaw or the District Court, or if compliance with or enforcement of any article or section should be restrained by such District Court, the remainder of this contract shall remain in full force and effect, and the parties shall promptly meet and confer for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. The parties agree and understand that provisions relating to employees covered by this contract shall in no way displace or modify present or future statutory case law of the State of Colorado. E. The parties acknowledge that during negotiations which resulted in this contract, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for meetings and to confer and have discussions and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in this contract. 8 ., ARTICLE 7 . HOURS OF WORK A. For those employees assigned to shift work, the work schedule shall normally consist of any average of seventy-two (72) hours of work in nine (9) consecutive days, reoccurring work cycles based on a twenty-four (24) hour alternating basis of Berkley system. B. Employees assigned to non-shift work shall normally be scheduled for an average of at least forty ( 40) hours of work in seven (7) consecutive day reoccurring work cycles. C . It is specifically understood and agreed that nothing herein shall be construed as guaranteeing employees a minimum or maximum number of hours per day or per week. D. The schedule may be changed by the Director of Safety Services provided a minimum nine (9) days advance notice is given. Work schedules may be changed without advance notice in the case of emergencies as determined by the Director of Safety Services. 9 - ARTICLE 8. COMPENSATION A. On January 1, 2007 the rate schedule is as shown below. Firefighter (probationary) Firefighter III Firefighter II Firefighter I Firemedic III Firemedic II Firemedic I Driver/Operator/Engineer Lieutenant Regular Straight Time Hourly Rate $14.83 $16.89 $18 .57 $20.44 $19.41 $21.41 $23.57 $22.46 $24.72 B. The schedule in "A." abov e will be further adjusted on January 1, 2007 to reflect the 2007 "m ar ket medi an " as d etermined b y the 2006 Salary Survey. The "market median" will b e b ase d upon the 2007 median wage of the top grade Firefighters at: Aurora, Boulder, Denver, Littleton, South Metro, West Metro and Westminster. The SUIVe y will be conducted in the 4th quarter of 2006 by the Human Re sources Department, with the concurrence of the EFF A The Gty and the EFF A will me et by No ve mb er 1, 2006 to approve the surve y and fin alize the re vised salary table for 2007 . C The finalized 2007 schedule mentioned in "B." above will be adjusted on January 1, 2008 to re flect th e 200 8 "market median" as determined b y the 2007 Salary Survey. The "market median" will be based upon the 2008 media n wage of the to p gra de Firefight ers at: Au ro ra , Bo ulder, De nver, Litt leton, So uth Metro, West Me tro and West min ster. The survey will be co nducte d in the 4 th quarte r of 2007 by th e Human Reso urces D epartment, wit h th e co ncurren ce of the EFF A Th e Gty and the EFFA will meet by Nove mbe r 1, 2007 to ap prove the survey an d fin alize the rev ise d sa lary ta ble for 2008. 10 D. The pay rates identified in Section A. are calculated to provide 10% separation between each rank from Firefighter III through the rank of Lieutenant. The benchmark for this calculation is Firefighter I. FIREMEDICS I. In addition to their regular hourly wage rate, qualified employees holding a rank of Firefighter (FFI, FFII, FFIIJ) who are assigned and authorized by the Director of Safety Services to perform on a regular basis Firemedic duties shall receive a 15% wage increase over and above the affected employees' hourly rate, which shall be considered pensionable wages. 2. In addition to their regular hourly wage rate, qualified employees holding the position of Driver-Operator-Engineer (D-0-E) who maintain a current paramedic certification (EMT-P) shall receive a 5% wage increase over and above the affected employees' regular hourly rate, which shall be considered pensionable wages. Any D-0-E who is EMT-P certified and is assigned as a Firemedic shall receive an hourly rate for actual hours worked commensurate with the position ofFiremedic I. E. The methodology used in determining the hourly, premium/overtime and annual compensation is contained in Appendix A. F. In addition to their regular hourly wage rate, shift fire investigators assigned and authorized by the Director of Safety Services will receive: • $.41 per hour (which shall be considered pensionable wages) and • shall be eligible for discretionary Merit Pay ofup to $600 each year, payable as set forth in Paragraph G (2). G. ( 1) Each employee appointed by the Director of Safety Services to one of the following assignments shall be eligible for Merit Pay in an amount determined by the Director, up to a total of$1,200.00 each year: Hazardous Materials Team Leader/Instructor Technical Rescue Team Leader Safety Education Team Leader Child Passenger Safety Team Leader Fire Investigation Team Leader Honor Guard Team Leader SW AT Medic Team Leader Wild Land Fire Team Leader Characterization Team Leader or other assignments as determined by the Director of Safety Services after consultation with the Union. (2) Such Merit Pay shall be awarded in the exercise of the Director's discretion, based upon specific performance criteria developed by the Director and made available to employees. Merit Pay shall be determined and paid semi-annually, no later than June 1 and December l each year. 11 ARTICLE 9. OVERTIME A. Standard Overtime. I . Upon determination that the reporting of assigned personnel to the duty shift is below the City established level, the call to off-duty personnel for overtime will be made. 2. Non-exempt employees covered by this contract working in positions other than their actual rank are counted in acting capacity. In the event requirements necessitate positions be filled with actual rank , personnel of said rank will be ordered in. 3. Non-exempt employees covered by this contract shall receive overtime compensation for work performed over and above the assigned work schedule. Any overtime compensation for training shall be pursuant to the provisions of the Fair Labor Standards Act. All overtime compensation shall be calculated at time and one-half(! Y2 ) of the employee 's regular wage rate, or acting wage rate, whichever is higher. 4. The method used to select Firefighters to work overtime situations will be contained in procedures published by the Director of Safety Services. The procedures will provide a fair and equitable distribution of overtime among bargaining unit employees. The procedure will contain a selection process whereby an eligible individual will not forfeit his/her position in the selection process if: less than a twelve- hour block of time is worked; if the employee is sick or on annual leave; or if this would require the employee to work seventy-two (72) consecutive hours, or more. Refusal for sickness will be accepted only if the employee was absent the last duty day due to illness or short term disability leave. Annual leave is the period of time from the end of the last day worked until the employee returns to duty. However, if an employee is on annual leave, he/she has the option to work on any but his/her own shift . 5. If no off-duty personnel wish to work, the Shift Commander will order in the first person he/she contacts following the normal rotation . If the overtime person is not at the assigned station by the beginning of the shift, the person held over from the previous shift shall be given overtime in quarter(~) hour increments. 6 . If at any time during the shift the absent personnel return s to duty, the officer in charge will reli eve the person who c ame in to work that ove rtim e position . Th e person working th e overt ime will b e p ai d a minimum of two (2) hours worked. If more than two (2) hours are worked , his/her time will be computed to the nearest next half (Yi ) hour. 7. No one other than the Director of Safety Services , the on-duty Sh ift Commander, or acti ng Sh ift Command er, Un io n representat ive , at the request of th e emplo yee, wi th th e em pl oyee and m a nagement perso nn el present , sh all h av e access to or r eview th e overt im e records . An y person not fo ll owing thi s pol icy or fo und tam peri ng wi th th e fi le wi ll be subject to d isci plin ary action by th e Direc tor of Safety Services . 12 ( B. Emergency Overtime. 1. Emergency overtime is defined as a multi-alarm situation or disaster where more than normal manning is required and must be authorized by the Director of Safety Services. 2. When non-exempt employees covered by this contract work overtime on an emergency call back basis, that overtime shall be computed on a forty ( 40) hour duty week wage basis. C. Combined Overtime. 1. When a non-exempt employee covered by this contract is working a standard overtime shift and responds to an emergency with other employees called in on emergency overtime, he/she will be compensated on the emergency overtime basis during the period of that emergency. 13 - ARTICLE 10. ACTING PAY The following acting positions assigned and authorized by the Director of Safety Services or the Director's designated representative will be compensated at full pay. The employee becomes eligible for acting position compensation immediately upon assumption ofresponsibility of the position. Acting assignments will be made according to the following procedure: Acting D .O.E. First Priority -Eligibility List Second Priority-Personnel with DOE Check Off List Third Priority -Discretion of Shift Commander Acting Lieutenant First Priority -Eligibility List Second Priority -Personnel with Lt. Check Off List Third Priority -,Discretion of Shift Commander 14 ( ARTICLE 11. ANNUAL LEA VE A. schedule: Shift work employees shall be entitled to annual leav e according to the following Hourly Accumulation Per Month 0-4 years continuous service 13 hours (through 48 months) 5-9 years continuous service 15 10-14 years continuous service 19 15-19 years continuous service 21 20+ years continuous service 23 Hourly Accumulation Per Pay Period 6 hours 6 .92 8.77 9 .69 10.62 Annual Total Hours 156 180 228 252 276 Shifts 6.5 7.5 9.5 10.5 11.5 Annual leave shall not be granted to any employee until he/she has been in the employ of the City for at least six months. B. The maximum accumulation of annual leave shall be two (2) times the employee's normal annual leave accumulation. C. Method of Selection -The selection for use of annual leave shall be by seniority. The first round of selection begins by those employees with greatest seniority choosing first and those with less seniority choosing last. The second round of selection will begin with those having less seniority choosing first and those with more seniority choosing last. D . Use -The schedule for use of annual leave shall h e ' rmined by the needs of the Department. Annual leave shall be taken at a time convenient to and ap !_J rov ed by the Director of Safety Services. When an employee has scheduled annual leave through the n o rmal method of selection and is subsequently transferred to another shift, the City shall accommodate said employee's original annual leave selection when not to do so would result in financial loss due to cancellation of travel arrangements . E. Annual Leave Pay -The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay for the employee's regular job and charged on a working hour basis , excluding regular days off. Annual leave shall be allowed only to the total hourly amount accumulated up to and duri ng the p ay period in which the leave is taken . F. Minimum Usage -There shall be a one (1) shift minimum use of annual leave time for shift workers with the following exception: If an employee covered under this contract has used all of the personal leave provided to him/her for the year, the employee may use annual leave ofless than one (1) shift as approved and authorized by the Director of Safety Services or the D irector's designated representative. G. Annual Leave Pay Upon Separation -Any employee wh o is separated from the service of the City, i.e., retirement, termination (if employee has com pleted 6 month s of co ntin uou s service with the City) or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation. 15 .... ARTICLE 12. PERSONAL LEAVE All shift work employees covered by this contract shall be granted ninety-six (96) hours of personal leave with pay which an employee is entitled to use for the following purposes: A. Employee's own illness/injury B. Illness/injury of employee 's family C . To attend to personal business. For any employee who has not used the ninety-six (96) hours of personal leave, the City will compensate said employee for the unused time at the employee's regular wage rate to be paid according to the prevailing payroll schedule. Personal leave time shall not exceed ninety-six (96) hours nor shall it be accumulated or carried over from one year to the next. In the event of illness/injury in which personal leave is requested, the employee shall notify his/her supervisor at least one ( 1) hour prior to the employee's scheduled reporting time. Those employees with balances in the "Compensatory Time Bank" as of January 1 , 2001 may exhaust their balances, but no further transfers into the banks will be allowed. 16 ( ARTICLE 13 . SHORT TERM DISABILITY (STD) A. Definition -Short term disability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from performing his/her duties as a City employee. B. Provision -During the life of this contract, the City agrees to provide short term disability leave with pay for employees absent as a result of illness/injury at the rate of one hundred percent (100%) of the employee's regular wage up to nine hundred sixty (960) working hours, {one hundred twenty ( 120) days/forty ( 40) shifts .} C. Short term disability leave shall not be accumulative except that on January 1 of each year, the City shall restore one hundred percent (100%) of the number of hours/days/shifts used by an employee during the preceding year up to a maximum of 480 hours, sixty (60) days or twenty (20) shifts . D. Utilization. 1. Authorization for short term disability leave with pay shall only be granted after the first shift/day of disability. 2 . Authorization for short term disability shall be granted for the illness or injury of the employee not service connected, including maternity related disability. (See related City Of Englewood Policy# 31 "Family And Medical Leave Policy" -Exhibit IV) E. Sick Leave Option -All sick leave accrued by employees prior to January 1, 1980, shall vest with the employee, and may be used in the following manner: 1. After the hours/days/shifts described above have been used, unless the employee is entitled to retirement as a result of disability. 2. By cas hing in all accrued sick le av e accumulated under the previous plan upon normal r etirement from the City at the rate of one (1) hour's pay for each two (2) hours of accrued sick leave at the employee's regul ar rate or one (1) h o ur's pay for each four ( 4) hours upon separation from the City. 3. By cashing in accrued sick leave under the previous plan , once each year at the conversion rate of four (4) hours sick leave for one (1) hour pay, not to exceed a conversion of more than fo ur hundred ( 400) hours each year. F. Reporting of Short Term Disab ility -T h e empl oyee or a memb er of th e employee's household sh all notify the employee's Shift Commander at l east thirty (30) minutes prior to the employee's sched uled reporting time. The empl oyee's Shift Command er may waive the reporting requirement depending upon the circumstances surrounding th e short term disability. 17 G. Verification of Disability-If absence from work is in excess of three (3) consecutive work days/shifts or more, a medical release must be provided by the employee. If the City requires the employee to seek a second opinion, the City will bear the cost of the second examination . H . Abuse of Short Term Disability -Abuse of short term disability occurs when an employee misrepresents the actual reason for requesting short term disability or when an employee uses short term disability leave for unauthorized purposes. An employee who makes a false claim for short term disability leave shall be subject to disciplinary action, up to and including termination. 18 ARTICLE 14. WORKERS' COMPENSATION A. For any work related injury/illness which causes any employee to be absent from work, the City shall pay employee his/her full wages from the first day of his/her absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under Workers' Compensation. The City reserves the right to require any employee on injury or disability leave to submit to an examinations by City-appointed physicians at the City's expense or under the provision of workers' compensations or the retirement/pension provision as provided under State statute . B. All injuries that occur during working hours shall be reported to the employee's supervisor within twenty-four (24) hours of the injury or before the employee leaves their department of employment unless circumstances beyond the control of the employee would not permit. 19 - AR TI CLE 15. MILITARY LEA VE Military Leave will be granted per the City of Englewood Administrative Policy Manual, #35 "Military Leave Policy" -Exhibit V. 20 ARTICLE 16 . FUNERAL LEAVE The Director of Safety Services shall grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days/shifts granted shall be governed by the circumstances of the case, but shall be at least one (1) day/shift and in no event shall they exceed three (3) of the employee's regularly assigned days/shifts. For the purposes of this section "employee's family" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse. At the discretion of the Operations Chief or designee, annual leave or personal leave may be utilized to attend the funeral of people that are not included in the list above. Leave for this purpose may be granted outside of the normal leave policies of the Fire Division. 21 - ARTICLE 17. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or as a witness in his/her official capacity in obedience to a subpoena or direction by legal authority. He/she shall be entitled to the difference between his/her regular compensation and the fees received for jury duty or as a witness . When he/she is subpoenaed as a witness in private litigation to testify, not in his/her official capacity but as an individual, the time absent by reason thereof shall be taken as accrued leave or leave without pay. See City Of Englewood Administrative Policy Manual, #34 "Jury Duty And Witness Service" -Exhibit VI. 22 ARTICLE 18. HOLIDAYS A. (1) Shift work employees covered by this contract will be eligible for eighty (80) hours of holiday time-off or pay. (2) The payment for holidays will be made in November of each year based on the employee's regular straight time hourly wage rate. Employees must notify the Department by October 1 of each year, of their intention ofreceiving holiday pay in lieu of time off. (3) Holiday pay for terminating and new hire employees will be determined on a monthly pro rata basis. (Example: If an employee retires on April 30, the employee is eligible on a monthly pro rata basis for six (6) months or one-half (Vl) of the eighty (80) hours holiday benefit.) B. Forty ( 40) hour employees will not be eligible to receive a holiday pay cashout, but shall receive the days off on the twelve (12) officially recognized City holidays provided the employee has actually worked or had approved paid leave on the day immediately prior to and following a holiday unless otherwise approved by the Director of Safety Services. A shift work employee who is assigned to a forty ( 40) hour assignment during the course of the year will be paid the pro rata holiday pay cashout in November for the period that he was on shift work. 23 .. ARTICLE 19. VOTING LEAVE Voting Leave will be granted per the City Of Englewood Administrative Policy Manual, #39 "Voting Leave" -Exhibit VII. 24 ( ( ARTICLE 20. TRADING TIME A. Employees may be permitted to secure another Firefighter of equal rank and qualifications to substitute for them subject to the approval of their Shift Commander. The employee substituting shall be responsible to work the scheduled shift and any absence shall be charged against that employee. Any request for substitutes shall be signed by both Firefighters and approval of the Shift Commander shall also be in writing. B. Trading time shall be governed by the following criteria: I. The trading of time is done voluntarily by the employees participating in the trade. 2. The reason for trading time is due to the employee's desire or need not because of Fire Division operations. 3. If a trade request is denied by a Shift Commander, the Shift Commander shall provide a written statement to the requesting employee with the reason for denial of the request. 25 - ARTICLE 21. UNPAID LEAVES OF ABSENCE Unpaid leaves of absence may be granted per the City Of Englewood Administrative Policy Manual, #38 "Unpaid Leave of Absence" -Exhibit VIII. 26 ( ARTICLE 22. UNIFORMS A. (1) If an employee is required to wear a uniform and/or safety equipment, the employee shall wear the uniform and/or safety equipment only as authorized or required by the division work rules. All employees shall maintain a presentable appearance while on duty. The employee is responsible for any damage to the uniform or safety equipment by negligence or deliberate act. The City will be responsible for providing all uniforms and safety equipment. (2) The Division on a replacement basis will bear the cost ofreplacement uniforms. The new replacement uniform will meet or exceed National Fire Protection Association (NFP A) standards. B The Division will authorize and require specific shoes and will provide a footwear reimbursement of fifty percent (50%) of the cost of authorized footwear up to a maximum of $130.00 per year. C. Physical fitness sweatshirts, sweatpants, and running shorts will be provided by the Fire Department for employees engaged in the Division's physical fitness program. pie above clothing will be provided according to an as-needed basis, determined by the Director of Safety Services. D. Cleaning -The City will be responsible for providing cleaning for all uniforms and/or safety equipment. 27 ARTICLE 23. MILEAGE REIMBURSEMENT A Firefighter who is specifically authorized by the Director of Safety Services to operate his/her personally owned automobile in conduct of City business shall be paid mileage in accordance with the City of Englewood Administrative Policy Manual, #49, "Travel Reimbursement". 28 (_ ( ARTICLE 24. INSURANCE A. MEDICAL The City will pay ninety percent (90%) of the premium cost for single coverage for medical insurance. Employees will pay ten percent (10%) of the premium cost for single coverage for medical insurance. The City will pay eighty-five percent (85%) of the premium cost for "employee plus one" coverage for medical insurance. Employees will pay fifteen percent (15%) of the premium cost for "employee plus one" coverage for medical insurance. The City will pay eighty percent (80%) of the premium cost for "family" coverage for medical insurance. Employees will pay twenty percent (20%) of the premium cost for "family" coverage for medical insurance. B. DENTAL The City will pay ninety percent (90%) of the premiwn cost for single coverage for dental insurance. Employees will pay ten percent (10%) of the premium cost for single coverage for dental insurance. The City will pay eighty-five percent (85%) of the premium cost for "employee plus one" coverage for dental insurance. Employees will pay fifteen percent (15%) of the premium cost for "employee plus one" coverage for dental insurance. The City will pay eighty percent (80%) of the premium cost for "family" coverage for dental insurance. Employees will pay twenty percent (20%) of the premium cost for "family" coverage for dental insurance. C. It is understood and agreed that should the premium costs for either of the City's insurances be reduced during the life of this contract, the City and employees will equally share in the premium rate reduction . D. Any dispute concerning the interpretation or application ofbenefits provided under the health or dental plans shall be subject to the plan appeal process . It is expressly understood that this article is a non-griev able item under this contract. 29 - ARTICLE 25. LIFE INSURANCE Term life insurance will be provided by the City for employees covered by this contract in the amount of one time his/her annual salary. The minimum benefit is $35 ,000 and the maximum benefit is $50,000 . Upon retirement, the employee may convert the life insurance per the life insurance plan conversion agreement in place at the time of his/her retirement. 30 ( ARTICLE 26. RETIREE HEALTH INSURANCE REIMBURSEMENT The City agrees to allow retirees and future retirees a conversion privilege to the health insurance conversion plan available through the City. For employees who retired on or before December 31, 1995, the City agrees to pay fifty percent ( 50%) of the cost of coverage of the health insurance conversion plan or other plan selected by the retiree up to a maximum of $75 .00 per month for the employee and including the employee's dependents . For employees who retired on or after January 1, 1996, the City agrees to pay fifty percent (50%) of the cost of coverage of the health insurance conversion plan or other plan selected by the retiree up to a maximum of $100.00 per month. It is the intention of the City to phase out this provision. 31 - D ARTICLE 27. LAYOFF Whenever there is lack of work, lack of funds, or other legitimate reasons requiring reductions in the number of employees, the appointing authority shall designate the positions in which the layoff is to be made. Upon such determination, the required number of employees in the affected position shall be placed on a layoff list or transferred by the appointing authority, each in order of his/her relative length and quality of service as shown by the personnel records. Employees on layoff shall be recalled in the order of seniority provided that those recalled have the demonstrated ability and same qualifications to perform the available work as determined by the City. Any employee in a higher rank, iflaid off, may transfer to the previous lower rank. The layoff list shall terminate after eighteen ( 18) months. 32 ARTICLE 28. TUITION REIMBURSEMENT/DEGREE ACHIEVEMENT RECOGNITION Tuition will be reimbursed per the City of Englewood Administrative Policy Manual, #29 "Tuition Reimbursement/Degree Achievement Recognition" -Exhibit IX. 33 ARTICLE 29. SEITLEMENT OF DISPUTES A grievance is defined as an alleged violation of a specific provision of this contract. The employee and the Association shall be required to follow the procedure as set out below: If an employee is unable to settle the grievance or dispute orally and informally through his/her shift commander within five (5) business days of the date of the occurrence of the grievance, or the employee's knowledge of it, the employee may, within the succeeding five (5) business days, file a written grievance with his/her supervisor. The shift commander shall attempt to adjust the matter and shall respond in writing to the employee within five (5) business days. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the Division Chief within five (5) business days following receipt of the Shift Commander's response. The Division Chief shall respond in writing to the employee within five (5) business days. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the Director of Safety Services and the Human Resources Director within five (5) business days following receipt of the Division Chiefs response. The Director of Safety Services and the Human Resources Director will meet, investigate, and discuss the grievance. The Director of Safety Services shall respond in writing to the employee within five (5) business days. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (5) business days following receipt of the response of the Director of Safety Services. The City Manager or his/her designated representative shall respond in writing within ten (10) business days. If the grievance is still unsettled, the Association, within ten ( 10) business days after receipt of the answer by the City Manager or his/her designated representative , may by written notice request the matter be submitted to either mediation or arbitration . (a) Mediation . (1) If mediation is requested , the parties will attempt to mutually agree upon a mediator. If within five (5) days of the request for mediation the Association and the City cannot mutually agree on the mediator, a request will be filed with the American Arbitration Association for a panel of seven (7) mediators to be sent to the parties . (2) The mediator will be selected by a method of alternative striking of names from 34 ( ( the panel, with the first strike determined by a coin flip. The final name left on the panel will be the mediator. The mediator will convene a meeting of the parties as soon as possible and attempt to develop a settlement of the grievance which is acceptable to both parties. Any such settlement will be in writing and will be dated and signed by representatives of the Association and the City and by the mediator. The terms of any such settlement will be implemented by both parties. If a settlement is not reached through the mediation process, the mediator will notify both parties in writing that the mediation process has concluded. Such notice concludes the grievance procedure. (3) The fees of the mediator shall be borne equally by the Association and the City. (b) Arbitration. (1) If the Association requests arbitration, the parties will attempt to choose a mutually agreeable arbitrator. If within five days of the request for arbitration the Association and the City cannot mutually agree on an impartial arbitrator, a request will be filed with the American Arbitration Association for a panel of seven arbitrators to be sent to the parties. The arbitrator shall be selected by a method of alternative striking of names from the panel, with the first strike determined by a coin flip. The final name left on the panel shall be the arbitrator. The arbitrator shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argument. (2) Each party shall be responsible for compensation to its own representatives and witnesses . The fees of the arbitrator shall be borne equally by the Association and the City. (3) If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available to the arbitrator. If the other party wishes to have a copy of the transcript it shall share all costs for the transcript. Authority of Arbitrator. The arbitrator shall have no power to add to or subtract from or change the terms of this Contract. The written decision of the arbitrator shall be final and binding upon the parties. The arbitrator shall limit his decision strictly to the grievance submitted which has been properly processed through the gri evance procedure outl ined . Time Limits Failure by an employee to comply with any time limitation shall constitute a settlement of the grievance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. 35 ... Grievance Option It is agreed that should the appeal procedure as provided under 138:3 of the City Charter or applicable City policy provisions be utilized, recourse to the grievance procedure included in this Article shall be waived. Processing Grievance During Work Hours Grievances may be investigated and processed by the employee during working hours within reasonable time limits without loss of pay provided notice is given and the work load permits. The employee shall be allowed to attend hearings while on duty. Oral and Written Corrective Action Oral Corrective Action --Whenever grounds for corrective action exist and the supervisor determines that the incident, action or behavior of the employee is such that more severe action is not immediately necessary, the supervisor should orally communicate to the employee the supervisor's observation of the problem and offer assistance in correcting the situation. When an oral corrective action is given, the supervisor should ensure that the supervisor's log is documented to show date of the corrective action and the nature of the corrective action. The employee should be advised that the corrective action will be documented in the supervisor's log. Written Corrective Action --When the supervisor determines that a written corrective action is appropriate and necessary, the corrective action shall be addressed to the employee and shall include the violation; the specific behavior and the dates of the behavior (when appropriate) that support the charge; the warning that continuance of this behavior will result in disciplinary action; and an offer of assistance in correcting the behavior. A signed copy of the corrective action by the supervisor shall be included in the employee's official personnel file in the Human Resources Department, and the employee shall have the opportunity to submit written comments in response to the corrective action to be included in the file. If an employee disagrees with the letter of corrective action, the employee, within seven (7) calendar days, may request a review of the written corrective action by the Human Resources Director. 36 - ARTICLE 30. SUPPLIES A. The City will provide and maintain supplies and equipment for the normal operation of the Fire Division. These include: 1. Laundry: linens and cleaning of same. 2. All kitchen appliances and utensils, and repair and/or replacement of same. 3. Private phone in each station and maintenance and/or repair of same. 4. Maintenance ofT.V.s and recorders. 5. Items of hygiene (soap, toilet paper, etc.). A. The provisions of this Article will be under the control of the Director of Safety Services. Individual abuse to be dealt with on an individual basis. D 37 ARTICLE 31 . DRUG TESTING AND PHYSICAL FITNESS Drug testing and physical fitness are permissive subjects of negotiations. The City agrees consistent with Article 5 of the Collective Bargaining Agreement to consult with the Union regarding the formation of any drug testing policy or physical fitness program . In addition, it is not the City's intention to institute random drug testing now or in the foreseeable future. 38 ( ( ARTICLE 32. DEATH AND DISABILITY ASSESSMENT For firefighters hired on or after January l, 1997, the contribution required by§ 31-31-811(4), C.R.S., shall be assessed equally against the City and such firefighter so that fifty percent (50%) of the contribution required by the state shall be assessed against the firefighter and fifty percent (50%) shall be assessed against the City. 39 - ARTICLE 33 . EXCLUSIVENESS OF CONTRACT The City and the Union agree that the terms and provisions herein contained constitute the entire contract between the parties and supersede all previous communications, representations or agreements, either verbal or written, between the parties with respect to the subject matter herein. The City and the Union agree that all negotiable items have been discussed during the negotiations leading to this contract and, therefore, agree that negotiations will not be reopened on any item during the life of this contract, except by mutual consent of the parties. IN WITNESS WHEREOF, the parties have caused this contract to be signed by their respective representatives and their signatures placed thereon, on this day of July, 2006 at Englewood, Colorado. ENGLEWOOD FIRE FIGHTERS LOCAL#1736 President 40 CITY OF ENGLEWOOD Mayor Attest: City Clerk City Manager COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 10, 2006 11 C iii Reporting Requirements Pertaining to Illegal Immigrants Initiated By: Staff Source: Department of Safety Services Commander Jeff Sanchez COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous action on this particular issue . RECOMMENDED ACTION Staff seeks Council support for a Resolution affirming that the Englewood Department of Safety Services will comply with recently adopted State legislation entitled "Immigration Status - Cooperation with Federal Officials ." BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Newly adopted Colorado legislation (Senate Bill 06-090} creates a new Article 29 in Title 29 of the Colorado State Statutes entitled "Immigration Status -Cooperation with Federal Officials." The bill , which was designed to prohibit "sanctuary policies ," calls for local governments to cooperate with federal officials in matters relating to illegal immigrants. Specifically, the measure calls for Peace Officers who have probable cause to believe an arrestee is not legally present in the United States to report said arrestee to the United States Immigration and Customs Enforcement Office. The legislation w as signed into law on May 1, 2 006, and the Safety Services Department has drafted a formal policy so that all Englewood Police O ffice rs are aware of the legislat ion . The attached resolution provides official notification of the requirements of the legislation, and affirmation that the City will comply with them . FINANCIAL IMPACT There is no financial impact associated with this ac t ion. LIST OF ATTACHMENTS Resolution - ( RESOLUTION NO. SERIES OF 2006 l /ilii A RESOLUTION PROVIDING NOTICE TO PEACE OFFICERS OF THE DUTY TO COOPERATE WITH ST A TE AND FEDERAL OFFICIALS IN THE ENFORCEMENT OF STATE AND FEDERAL LAWS REGARDING IMMIGRATION . WHEREAS , the Colorado State Legislature adopted Senate Bill 06-090 pertaining to Colorado Revised Statutes Article 29, Title 29, Chapter IO I -"Immigration Status -Cooperation With Federal Officials" which went into effect May I , 2006; and WHEREAS , 29-29-101 C.R .S. states "A Peace Officer who has probable cause that an arrestee for a criminal offense is not legally present in the United States shall report such arrestee to the United States Immigration and Customs Enforcement Office if the arrestee is not held at a detention facility. If the arrestee is held at a detention facility and the County Sheriff reasonably believes that the arrestee is not legally present in the United States, the Sheriff shall report such arrestee to the Federal Immigration and customs Enforcement Office ." WHEREAS, the City Council of the City of Englewood , Colorado hereby provides notice to the Englewood Safety Services Department of the duty to cooperate with State and Federal officials with regards to enforcement of State and Federal laws regarding immigration: and WHEREAS , the City of Englewood Safety Services Department shall provide written notice to the Colorado General Assembly annuall y, on or before March I st of each year , regarding the number of reports made to the United States Immigration and Customs Enforcement Office pursuant to Article 29-29-10 I C.R.S .; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section I . The City Council of the City of Englewood, Colorado hereby affirms that the Englewood Safety Services Department shall cooperate with State and Federal officials in the enforcement of State and Federal Laws regarding immigration . Section 2. The City of Englewood through its Safety Services Department, shall provide writt e n notice to the Co lorado General Assembl y annuall y , on or befo re March I st of each year, regarding the number of reports made to the United States Immigration and Customs Enforcement Office purs uantto Article 29-29 -10 I C .R.S . ADOPTED AND APPROVED this I O'h of July , 2006. ATTEST: Ol ga Wolosyn, Mayor Loucri hia A. Ellis , City C lerk - 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: July 10, 2006 11 C iv Procurement Agreement with Altiris, Inc. -Help Desk, Inventory and Network Client Management 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 number of automation projects to improve organizational efficiency, effectiveness and to reduce the exposures of several 20+ year old systems throughout the city. • A key element of the plan was the procurement of a Help Desk, Inventory and Network Client Management computer application for the IT Department to automate manual processes. Due to the intensity of other projects to replace business systems in other city departments, this project has been deferred since originally conceived. • In the 2006 MYCP, carry-over funds in the amount of $65,000 have been set aside for this project, fully covering the contract costs and allowing an 8% project contingency. RECOMMENDED ACTION It is recommended that Council approve, by Motion, an integrated Procurement Agreement with Altiris, Inc. of Delaware for the purchase and implementation of a Help Desk, Inventory and Network Client Management software application. Adequate funding specifically budgeted for this purpose is included in the MYCP as noted above. The attached contract was negotiated with the participation of our City Attorney's Office, our outside technology attorney Terry Maher of Baird Holm LLP, and has been reviewed and approved for Council consideration by the City Manager. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The primary purpose of this application procurement and implementation is to automate several key IT Departm ent fun c tions . Over th e past fi ve years, th e City and the IT Department have devoted significant reso urces to the implem en tation or replacement of numerous automated data processing and t eleco mmunication syst ems in th e City. However, to date, the IT Depar tm ent's own business processes are among the most "m anual " in th e organization. The proposed system includ es the following key co mpon ents intended to improve th e efficie n cy and effec tive n ess of IT operations: • H elp D es k Appli ca tion : We es tim ate th at the IT Department fields between 8,500-9,500 us er support requests annually. This module will se rv e as both an end -user and IT staff- facing app li ca ti on for the submission and tracking of trouble tickets. Using a web browser- based applica t ion, all City computer users will be able to submit service requests on-line noting important details that are often lost in verbal or e-mail communications. Our departm ent staff will also use the help desk system to log telephone and "drive-by" requests . We anticipate that this module will greatly improv e our responsiveness and accuracy in resolving user technical issues, while providing imp ortant statistics we currently lack for performance measur ement. • Software and Hardware Inventory Application : Our department currently sp e nds a great deal of manual effort inventorying and updating spreadsheets noting our latest c omputer hardware and software assets . This new inventory application -which integrates with the Help Desk application -will use automated tools to inventory network conn ected PCs and peripherals noting the software versions installed and hardware demographics. The software inventory feature is particularly important to us since the City must adhere to a number of legal commitments with software vendors to ensure we are not exceeding our licensing limits. • Network Client Management: Each day, we receive a number of software security and "bug" patches from our wide array of software vendors . Examples include patches from Microsoft to address security vulnerabilities in their software . With nearly 450 network connected devices throughout the organization, the installation and validation of these patches can be very labor intensive . The Network Client Management module provides automated tools to "push" and validate software patches to our network workstations. It also provides reports noting vulnerabilities in patch levels on a unit by unit basis . Because our enterprise security strategy is only as strong as our weakest network connected devices, this module will improve not only our efficiency but our overall security levels . Using a survey of other Colorado cities and c ounties, we reviewed several different product options. Based on our desired system capabilities, we narrowed the field to three vendors : Altiris (our recommended product), Heat Software and Remedy by BMC Software. In addition to finding Altiris to be better designed for our IT-specific and end-user needs (based on metri cs such as ease of use , module features/functions, reporting, etc.), the competing product costs were into the six- figures and beyond our budget. A second look at lower-priced alternatives found these solutions lacking in the module capabilities of Altiris. Based on a combination of cost (including initial capital c ost and ongoing O&M), fun ctional fit, technical fit and business partner fit, we narrowed the se lection to Altiris . FINANCIAL IMPACT Targeted funding in the amount of $65,000 is included in the Information Tec hnology MYCP budget to undertake this project, with the contractual costs of the project summarized as follow: Products and Service -Software Module Licenses -Implementation, Training and Support Total 1 '1 Year Annual Support O&M (2006 · 2007) included in the above costs* Contract Cost $ 42,192.65 $ 17,888.95 $ 60,08 1.60 $ 1,050.00 Rather th an purchasing a more costly maintenance agreement, we will be eva luating th e option of purchasing a $1,050 package of five "S upport In ciden ts " during the first year of post- ac ep tan e opera tion of th e ystem . ( It is hoped that the remaining $4,918.40 from the project budget can be retained as an 8% contingency for unanticipated implementation (e .g. additional training) or software license needs. LIST OF ATTACHMENTS Procurement Agreement with Altiris, Inc. )' altiris· Customer Services Agreement This Customer Services Agreement ("Agreement") is entered into by and between Alt ir is, Inc., a Delaware corporation with offices at 588 West 400 South, Lindon , Utah 84042 ("Altiris") and the undersigned customer of Altiris ("Customer"), and consists of this signature page, the following Terms and Conditions, and each Statement of Work (if any) entered into hereunder (together referred to as the" Agreement"). Altiris : Aitiris, Inc . 588 West 400 South Lindon, Utah 84042 Tel.: (801) 805-2708 Fax : (801) 805-1111 Attn: Customer Service Customer: City of Englewood, Colorado _______ _ Address: IN WITNESS WHEREOF, Altiris and Customer each represent that it has read, understands and agrees to be bound by this Agreement and that it has caused it to be signed by its authorized representative . Altiris, Inc . Customer Signature Signature Print Name Print Name Title Title Date Date Pogo I - ) altiris· .. I. Services. This Agreemenl sets forth the term s and conditions under which Ahiris will provide the services ("Services") described in the then--current Ahiris Customer Services OfTerinKJ Overview ("Services Overview"), which is made pa rt of th is Agreement. Alliri s reserves the right to change the Servi ces Overview from time to ti me in order to, c~11ong other things , comply wilh apJJlicabl e laws, regulations, and tariffs . Any such changes will supersede and replace All earlier ve rs ions of the Services Overview and will become effective upon written notice to the Customer. 2. Statementl of Work. If Customer requests Services d1at require • Statement of Work (SOW) (see Services Overview for details), Customer and Altiris will implement such Services through a SOW under thi s Agreement Each SOW will be deemed to incorpor11te the tenns and condilions of this Agreement, unle11 lhe SOW explicitly 1t11le1 otherwise. Each SOW will become effecii ve and binding u1,on the parties only upon execution by authorized representalives of both pRrt ie,. Each SOW must reference this Ayreement and be identified by numerical sequence and must contain at least the following terms : Each Statement of Work shall (i) specify the scope of work, (ii) provide • description of deliverablOJ under the Statement of Work, (iii) describe the responsibilities of Ahiris, (iv) describe ,my acceptance and testing procedureJ for the deliverables, (v) provide die compensation and payment schedule, (vi) describe the responsibilities of the Customer, (vii) set forth the names of the Project Mana11ers for each party, and (viii) include any special tenns applying under such Staternent of Work. In the event of uiy connict between lhi , Agreement and a SOW, the terms of the SOW will govern but only with respect to the subject manor of that particular SOW. Chan11e1 to the scope of the Services in any Statement of Work may be made only in • writing signed by authorized representatives ofbod1 parries. a . Acceptance. Upon final completion and delive,y of any Services that are implemented through • SOW, Customer will have thirty (30) dll)II in which to notify Altiris if the Services fail to comply w ith the applicable SOW. If Altiris is not notified of any proble1111 within such period, the Services will be deemed accepted by Customer. b. Notice of Delay•. Altiris agrees to promptly notify Customer of any factor. occurrence, or event coming to its attention that may affect Altiris' ability to meet the requirements of the Statement of Work. or that is likely to occuion any material delay in completion of the performance of the services under a Statement of Work. c. ObliaadoM . Alriri, shall perfonn the Services necessuy to complete all projects outlined in a Statement of Work in • timely and profe11ion1l manner consistent with the specifications set forth in the Statement of Work, and in accordance with industry standards . In connection with the performance of any Services pursuant to this Agreement: i. Altiris llll'OCI that employees and independent conlrllcton d11t perfonn Services Wtder this Agreement are under a written obligation to Alriris requiring the maintenance of all Confidential lnfonnation. ii. Altiris shall require employees providina Services at a Customer location to comply with applicable Custoiner security and ufety regulations and policies. Each employee providing Services may be required to undergo • legally acceptable and reasonable backsround investi1ation condueted by Ahiris or its authorized representatives, including. but not lim ited to a criminal records and fingerprint check . Alriris shall promptly replace any employee found to be unacceptable to Cu stomer, in its di scretion, on the basis of the results of a backgro und investigation . iii . Altiris shall pro vi de for and pay the compe11111ion of employees and shall pay all taxes, contributions, and benefit, (such 111, but not li mited to, workers' com 1>ensati<Mt benefits) which 111 eanployu is required to . pay relating 10 lhe ernployment of employees. Cu1lomer shall not be liable to Ahiris or to any employee for Ahiris' failure to perform its compensation , benefit. or tax oblig,uions. Altiris sha ll indemnify, defend and hold Customer h11nnleu from and against 1111 such taxes, conb'ibution, and benefits and will comply with all associated governmental regulations, including the fil ing of all necessary reports and return s. iv . Alt iris shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or re1ulation for the perfonn1111ce of the Services under the Aureement. Ahiris shall 11lso cornply with the provisions of all 11pplic11ble laws in perfonning the Services under the Agreement At its own expense and at no coat to Customer, Altiris shall m11ke ,my ch11nge , alteration or modification thAt may be necessary to comply with any applicable laws that Altiris failed to comply with at lhe tinte of perform11nce of the Services. b. Project Manaeers. In each Statement or Work, Customer and Ahiris each will de signate one person to act IS that party 's initial "Projecl Manager." Tite Project Managers will be responsible for day • to•day communications between the parties regarding the subject manor of that Statement of Work . Each Project Manager will be responsible for (i) monitoring the schedules and progress of work according to the Statement of Work; (ii) receiving and submitting requests for infonnation and assistance; (iii) receiving, and submitting deliverables: (iv) cooper1ting with the other Project M1nager and the other party; and (v) providing timely decision, and approvals. including approval or disapproval of delivenbles or ch•nge requests on behalf of each party. 3. Term/ Termination, This Agreement will become effective on the date last signed below (the "Effective Date") and will remain in effect for • period of one year from the first day of the month following the Effective Date (the '"Initial Term") unless earlier terminated as provided in Section 12. This Agreement will automatically renew for successive aMual periods unless either party terminates the Agreement in accordance with this Section 3. Either party may terminate thi s Aarec:ment for any or no reuon at the end of the Initial Term or any successive annual period by giving the other party written notice 1t least 30 day s before the end of the Initial Term or any successive aMual period. Upon tennination of thi1 Agreement, any SOW then in effect will continue in accordance with its terms, in which event thi s Agreement will also continue in effect with respect to such SOW until its tennination. Termination of this Agreement and/or any SOW will not affect any pre-tennination oblil)lltion of either puty under this Apeement and/or such SOW, 111d any such termination i1 without prejudice to the enforcement of any un-discharged obligatioos existing at the time of termination . 4. , .... L Amount and Payment TcrmL Customer shall pay Altiris or its authorized reseller die applicable fees specified in the then·current Altiris price list, quote from an authoriz.od reseller, or applicable SOW, md must submit • valid purchue order for any pun:hase to Altiris or its authorized reseller. n,e provision of Services is always subject to payment by Customer of the appropriate fees (if 1111)') for the Services, and fee s will be due within 30 days froen dte date of invoice, unless a different payment tenn is specified in an sow . b. Expe nses. Altiris shall be rei mburse d only for expenses which are expre11ly provided for in • SOW or wh ich have been approved in advance in writin1 by Customer, provided altiris· Alliris h11 furnished such documcn1a1ion for au1horiud expenses as Cu1101ner may reasonably request. c. Tuu. Customer is nol subject to taxation . No fcdenl or other taxes (excise, lu.:ury, transportalion, u le s, etc.) shall be included in quoted prices. Custo,ncr shall not be obli11ted to pay or reimburse Alliris for any taxes attributable to the 11le of any Services which arc imposed on or measured by net or gro11 income, ctpiral, net worth, franchise, privilege, any other tues, or 11seumcnt1, nor any of 1he foregoing imposed on or payoble by Alliri1 . Upon written notific11ion by Customer and subsequent verification by Altiris, Ahiris shall reimburse or credit, 11 applicable, Customer in I tirncly manner, for any and all t11ee1 erroneously 1,aid by Cuslomcr. Customer shall provide Ahiris with, and Alliri1 shall 11ccept in good failh , re~le, direct l•Y, or other exemption cenificates, as applicable. d . Audits. Alliri1 ,hall provide such eonployees an d independent auditors and inspectors II Customer may designate with re1110nable access to 111 sites from which Service, ore performed for lhe purposes of performing audils or inspections of Ahiri1' operations and compli1nce with d1i1 Agreement. Altiri1 shall provide such auditors and inspectors any reasonable aui1t1nce that they may require. Such oudits sholl be co11ducled in such • way 10 1ho1 the Services or services to any other customer of Altiris are not impocled adversely. 5, Ucensed Produce. Altiri1 will provide Services only for sollwore product, published by Altiris. volidly licensed lo Cullom.. ond unoltered, ond listed on lhc lhen-eumonl Altiri1 price list If an Altiri, product or venion i, removed from the price list, Al1iri1 will continue to provide Services for such product or venion in 1ccordance with Altiri1' 1hen-eunen1 end-of-support life policy, which i, ottoched by reference II Exhibit A. Altiri, moy modify such policy 11 ony lime without advance notice to Customer provided that any such ch1nae that moteriolly diminishes Customer's level of s upport will opply only lo Service, purchued or Statements of Work written after the revision.I are published. 6. Software Deliverablu. Cu11omor'1 use of ony bus fixes, polches, service packs or olher ooftwaro provided by Altiri, to Customer in lhe course of providina lhe Services (colleclively, the "Sollwore Deliverables") lholl be in occordance wilh lhe 1am, of lhe end user license aareemenl ("EULA") between Alliris ond Customer. Altiris reserves all rishll not expreuly sronled in d1i1 Section 6 . 7. Ownership. THIS AGREEMENT IS NOT A WORK-FOR- HIRE AGREEMENT. Altiri1 (and/or ill licensor,) re11in1 on an exclusive b11i1 for illelf oil riahts. tide ond interost in and lo any inlellectuol property developed, delivenod and/or used by Altiri, in lhe performonce of Services under lhi1 Aareemenl Al1iri1 hereby arants lo Customer a non-exclusive, unlimiled, worldwide, poid-up, royol1y-free, irro.ocoble and perpetuol license ond risht to use, copy, and modify lhe Deliverables (defined below) if ony in lhe SOW under lhi1 Aareemon~ ond lhe ideu, know-how 1111d proce1se1 embodied therein. All olher righll in such mlleriols and reloted inlellectuol property rishll shall remain in and/or are auianed 10 Altiri1. For the purposes of this Agreemen~ "Deliwrables" sholl mean, reports, written 1nateri1l1, 111essment1 and evaluations which contain information specifically tailored to Customer but docs not include any templates, form1ttina or other pre.exisrina copyrightable m11erial that Altiri1 may use in ih other cng1se111ent1 11 a base from which to build the Delivenbles. I . Confodcnliollly. a . Confidential Information-Except as otherwise provided in this Asrccmcnt, .. Conlidcnrial lnfonnation" means (i) any infonnation disclosed by Altiri1 , in any fonn, regarding 1>re-relcase pioduclS, access numbers and/or passwords proYidcd herew1dcr, and (ii) any other information that the disclosing party ("Discloser") desires to protect ayainst unrestricted d isc losure by the receiving party ("Recipient") and that (A) if disclosed in tangible or electronic form, is marked 11 "confidential" or (8) if disclosed orally or visually, is dcsiyn1tcd orally at the time of disclosure H "confiden1ial." Subject lo the provisi ons ind exceptions set forth in the Colorado Open Records Acl, CRS Seclion 24-72-101 et 1eq., (if opplicoble), lhe Recipienl will maintain the confidentiality of 1he Discloser's Confidential Information witl1 at least the ume degree of care that it uses to procect its own confidential information, but no less th11n a reasonable degree of care. Subjecl to the provisions and exceptions set forth in the Colorado Open Records Ac~ CRS Seclion 24-72-101 el. seq ., (if opplicable), lhe Recipient will not disclose any of the Discloser's Confidenti11l lnformalion to any employees or third parties except for the employees of lhe Reci11ient. its parents and subsidiaries, who have I need to know and who ay,ree to maintain the confidentiality of such information . These confiden1i11ity obligations shall survive for three (J) years after terminalion of this Agreement. b. ~. Confidential lnfonnation will not include any infonnarion that (i) is rightfully in the public domain without any breach by the Recipient, but only from the date it entered tl1e public domain, (ii) is rightfully received by Recipient &om a third party wilhoul ony oblisolion of confidenliolity, (iii) is rightfully known 10 1he Recipient without any obligation of confidentiality prior to its receipt from lhe Discloser, (iv) is independendy developed by lhe Recipienl's employ= wilhoul use of the Discloser's Confidcnlial lnformalion, (v) i, made senenlly ovailoble to lhird porties by lhe Discloser wilhoul rettrictions on disclosure, or (vi) constitutes technical feedback from Customer related to Alliris software and services. c. BahlJaala. Notwithstanding anything in this Aareement to the conlra,y, lhe Recipienl will be free to use Residuals (as defined below) for any purpose, includins wilhoul limillrion , use in developmenl, monufocrure, morketing ond/or Nie of ill producll ond services; pn111ided1 that the foregoing right does not represent or otherwise gnnt any license under any of the Di1cloaer '1 copyrights or patents. The term "Residuals" means infonn1tion that is retained in the unaided memory of one or more of the Recipient's employees who hove had IICCOII to lhe Discloser's Confidenriol lnformotion pursuonl to lhis Asreemenl An employee', memory i, "unoided" if the employee ho, not delibenlely memorized Confidenliol Information for the purpose of retaining and later using or disclosina it d. Cuatomcc Jo{grm1tiPO• Customer 1nnt1 to Altlru the risht lo use technicol informolion oblained in the courK of providins Services lo Cus1omer solely for purposes of problem reoolubon, in1emal 1roubleshootina. product functionalil)I enhancemenll and fixe1, ond 1echnical information documenll (such II while popen), pr<Jvlded that Ahiri1 will not identify Customer or publish any of Customer', Confidential lnformllion in ony such document,. 9. Customer Obll1atlons. a. lnfecm1ti1n Ir1nder. Customer may acce11 electronic on-line services 10 transfer doll 10 Ahiris electronicolly and/or moy authorize an AJtiris support engineer to 1cce11 Customer's computing environment via electronic means for the purpose of troubleshooting or ocquirina doll pertinenl 10 1he 1roubleshootins procou. CullOmer sholl not submit electronically or otherwise give Altiris access to any documonls, file,, prosroms, or other dalo (collec1ively, "Customer Dall") 1ho1 are or are allesed to be confidenlial or proprielory to any lhird porty, unleu Customer first obloin, oll necesNry licenses, contents, and penniuions to do so. Customer will indenu,ify and hold Altiri1 honnleu from ony ond all liability, dorna11e1 , cosl1 ond expense, includiny settletnent amounts 111d reasonable 1Uomeys' fees , arising out of Customer's submi11ion of Customer Data or Altiris' reasonable use of any Customer Data to which Altiris hu been aiveu 1cce11 under 1hi1 Asreemenl CUSTOMER ACKNOWLEDGES THAT CUSTOMER DATA MAY BE ALTERED OR DAMAGED IN THE COURSE . OF ALTIRIS .. rROVIDING SERVICES, .. WHETHER Poge} I altiris- ONSITE OR VIA REMOTE CONNECTION OR OTH ERWISE, AND CUSTOMER AGREES TO TAKE ANY AND ALL APPROPRIATE MEASURES TO ISOLATE AND BACK UP THE NECESSARY SYSTEMS ACCORDINGLY. b. Soflware Alterations. Customer shall not mike, attempt to make, or cause 10 be made any repairs , lixes or alterations lo any Altiris sorrw1re product or SoOware Deliverables unless approved in 11dvance and in writing by Alt iris. c. Customer A11i1tancc1 Customer will cooperate with and assist Altiris in the perfonm,nce or the Services and will fulfill its responsibilities AS set forth in each SOW, as applicab le, and will provide the resources necessary for Altiris' performance or Services 11s specified in lhe 1pplicable SOW. ID. LIMITED WARRANTY. Ahiris wnrnnls lhnl lhe Services will be (a) provided in I professional 1111d workmanlike manner (b) performed in accordance with , and shall not violate any applicable laws or reuulalious of Rny applicable jurisdiclion. THIS LIMITED WARRANTY JS EXCLUSIVE AND JS IN LIEU OF ALL OTllER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES AND DELIVERABLES PROVIDED UNDER THIS AGREEMENT, AND AS TO THE RESULTS THAT MAY BE OBTAINED THEREFROM, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF GOOD TITLE AND NON-INFRINGEMENT. ALTIRIS SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY THIRD PARTY VENDORS, DEVELOPERS, OR CONSULTANTS UNLESS SUCH THIRD PARTY SERVICES OR PRODUCTS ARE PROVIDED UNDER A WRITTEN AGREEMENT WITH ALTIRIS. 11, LIMITATION OF LIABILITY. a. lJ.mUa!lm. THE TOTAL LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT, SHALL IN NO EVENT EXCEED THE SUM OF $250,000 OR THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO ALTIRIS FOR SERVICES HEREUNDER, WHICHEVER JS GREATER, EXCEPT (I) FOR CUSTOMER'S INFRINGEMENT UPON OR OTHER VIOLATION OF ALTIRJS ' INTELLECTUAL PROPERTY RIGHTS IN OR TO ALTIRIS ' SOFTWARE DELIVERABLES OR ALTIRIS' INTELLECTUAL PROPERTY, (II) WHERE EITHER PARTY HAS ENGAGED IN WILLFUL MISCONDUCT OR ACTED WITH GROSS NEGLIGENCE, (III) WHERE EITHER PARTY HAS BREACHED IT'S CONFIDENTIALITY OBLIGATIONS, AND (JV) ALTIRJS ' OBLIGATION TO PAY JUDGMENTS OR SETTLEMENTS FOR CLAIMS MADE BY THIRD PARTIES (WHICH SHALL BE LIMITED TO NO MORE THAN F IVE HUNDRED THOUSAND DOLLARS ($500,000) OR THE TOTAL AMOUNT PAID BY CUSTOMER TO ALTIRIS, WHICHEVER IS GREATER) AND DIRECT DEFENSE COSTS UNDER SECTION 13 WHICH SHALL NOT BE LIMITEDSO LONG AS ALTIRIS CONTROLS THE DEFENSE IN AC CORDANCE WITH THE TERMS OF THAT SECTION. b. EulUlion gf Cerl1i n D1m11g . TO T HE MAXIMUM EXTENT PERMITTED BY APPLIC ABLE LAW, IN NO EVENT SHALL E ITHER PARTY, ITS SUBSIDIARIES, OR THEIR RESPECTIVE SUPPLIERS BE LIABLE UNDER T HIS AGREEMENT FOR ANY IN C ID ENTAL, CONSEQUENTIAL, IN DIRECT, S PEC IAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR OTHER PECUNIARY LOSS), REGARDLESS OF THE NATURE OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT (I) WHERE A PARTv' HAS BREACHED · IT'S CONFIDENTIALITY OBLIGATIONS, AND (II) FOR CUSTOMER'S INFRINGEMENT UPON OR OTliER VIOLATION OF AL TIRJS' INTELLECTUAL PROPERTY RIGHTS IN OR TO ALTIRJS ' SOFTWARE DELIVERABLES OR ALTIRIS' INTELLECTUAL PROPERTY . 11. Termination. 1. Material Breach. In addition to the tcnnination rights set forth in Scclion 3, without limiting any available rights or remedies, either party may terminate this Agreement upon written notice to 1hc other party if the other party is in m111cri1l breach of 11 ny oblig11 tion he reunder, which breach is not cured within 30 days after written not ice of such breach . b. Convenience. Either r ,ufy may 11 any time and wi1hout cause tcnninatc thi s Agreement and/or any Statement of Work by giving thiny (30) d11ys wrillen notice of tcnnination to lhe other Party. Upon termination of this Ai;rccmcnt, any SOW then in effect will continue in accordance with its tenns, in which event lhi s Agreement will also continue in effect with respect to such SOW until its tcnnination. Termination of this Agreement and/or any SOW will not affect any pre-tcnnination obligation of either party under this Agreement and/or such SOW, and 11ny such termination is without prejudice to the enforcement of any un- discharged obligations existing at the time of termination. c. Bankruptcy. Except II otherwise provided by law, either party may terminate this Agreement by wrillen notice to the other party if one of the parties (i) commences a voluntary proceeding under any Federal or state bankruptcy, itl501vency or reorganization law, or (ii) hu such a proceeding filed against it and fails to have such proceeding stayed or vacated within thirty (JO) days, or (iii) upon lhe end of any such Slay, fails to have such involuntary proceeding vacated within ten (10) business daya thereafter, or (iv) admits the material allegarions of any petition in bankruplcy filed •u1inS1 i~ or (v) is adjudged hRnkrup~ or (vi) makes a general u aignment for the benefit of its creditors, or if 1 receiver is appointed for all or a substantial portion of such party's assets and is nol dischlllrged within ten (10) business days after the appointment of the receiver. d. TABOR. The parties understand and acknowledge thal each party is subjed 10 Article X, § 20 of lhe Colorado Constitution ("TABOR"). The parties do nol inlend lo violate the term s and requiremenll of TABOR by the execution of this Asreement. It is under1tood and agreed that this AKreement does not create a multi -fiscal year direct or indirect debt or obligation within the meanina of TABOR and, notwilhslanding mylhins in lhis Aureemenl 10 lhe contrary, all payment oblis1tion1 of Customer are expre11ly dependent and conditioned upon the continuins availability of fw,ds beyond lhe term of Cuslomer's cuncnt fiscal period endina upon the next succeedina Decemb• 31 . Financial obli1arions of Customer payable after the current fi1t1l year are contingenl upon funds for thal purpose beina opproprialed, budseled, and olherwise mode available in accordance wid1 the rules, regulations, and resolutions of CuSlomer and applicable Jaw. Upon lhe fa ilure to appropriale s uch funds, this Agreement 1hal1 be deemed tenninated. e. Return of Property, Upon termination of th.ii Agreement, bolh partie s •sree to return 10 lhe olher all property (includins any Confidential Information, 11 defined in Section I) or the other party that it may have in il s possession or control. Posc4 altiris .. 13. A.ltiril Indemnity • Intellectual Property. In the event th11t the Sortwarc Deliverables infringe any U.S. copyriuhl, p111en1 or trademark of II third party not affiliated with Customer, Altfri s shall defend, C ustomer against any claim of such infringement and shall pay any monc11ry judgments, 1Homey1' fees, 1111d costs awarded to the third party for such infringement. or any settlement of such claim 10 which Alliris has agreed, provided 11111 (i) Customer promptly gives notice 10 Altiris of the claim against Cuslomer allcying such infringement, (ii) Customer allows Altiris to solely control the defense and settlement of such claim, including any litigation, arbitration, mediation and settlement negotiations, (iii) Customer reasonably cooperates with All iris in connection wilh Che defense and settlement of such claim and Altiris re imburses Cuslomer for expenses incurred as a result of such cooperation, and (iv) if requested by Altiris, Customer ceases all use of the infringing Software Deliverables and retums them to Alt iris . If Customer is enjoined from continued use of any infringing Software Deliverables or if Customer ceases use of any Software Deliverables al the request of Altiris under (iv) above, then Ahiris shall (at its option and ex1x:11se) (a) obtain a license or right for Customer to continue use of the infringing Soflware Deliverables, (b) modify the infringing Software Deliverables to eliminate the infringement (while having the same or additional functio1~lity and comparable or improved performance characteristics) and provide such modified Software Deliverables to Customer. or (c) provide substitute non-infringing software to Customer (such substitute software will for purposes of this Agreement replace 111d then constitute "Software Deliverables'' under this Agreement). Altiris shall have no obligation or liability if tl1e infringement is based upon or the claim arises from (I) any altered, changed or modified form of the Software Deliverables not made by Altiris or authorized in writing by Altiris, or (2) the use of the Software Deliverables in combination with anything not provided by Altiris or authorized in writing by Altiris, or (l) the use of the Software Deliverables other than u described by Ahiris in wrinen instructions or in any Alriris-authorized training, or (4) the use of the Software Deliverables outside the scope of the licensed use, or (5) ony specifications or n:quirements of Customer. AL TIRJS ' LIABILITY UNDER THIS SECTION 13 IS SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 11 ABOVE. THIS SECTION STA TES THE ENTIRE AND EXCLUSIVE OBLIGATION OF ALTIRIS REGARDING ANY CLAIM OF INFRINGEMENT OR OTHER VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. 14. Personal Injury and Property D1m11e. Each Puty is liable for personal injury, death, or property damage allegedly caused by the nesligence or willful misconduct of its own employees or agent, relatins to this Asreement. Liability under this Section will be reduced proponionally to the extent that any act or omission of the other Party, or its employees or agents, contributed to such Liability. LIABILITY UNDER THIS SECTION WILL BE LIMITED IN ACCORDANCE WITH SECTION 11. For purposes of thi s Section, "property damage" docs not include any damage to or Ion of files , data, information or any other intongible property of each Party. 15. ln1urance, During the tenn of this AQreement, Ahiris will maintain (i) Commerc ial General Liabil ity insurance with a minimum limit of St ,000 ,000 per occurrence and $2,000,000 annual aggregate th at includes coverage for Products / Completed Operations, (ii) Errors and Omissions insurance wi th a minimum limit of Sl,000,000 per occunence and $2,000,000 1mnual IHSregate, and (iii) Workers Compensa tion insurance with covcraHe meeting the statutory limits. C ustomer shall l>e named as additional in sured s on all such polic ies, as a pplica ble. Upon request, Ahiris will furn ish C usto mer with cerlHica tes of insurance and/o r oth er a ppropriate d ocume ntalion evideucinu the requi red covcr11ge . 16. Subcontract. Alt iris may subconlract any po11 io11 of the Servic es, including on-site o r implementation servi ces, to a third p1 1ty contracto r without lhc 1>rior consent ofCustomcr,i m wh/cd tlu,t Altiris retnain s folly responsible to Cu stomer for the delivery of such Services 11 sci forth in this Agreement Any such subcontractor will for 111 11urposcs be deemed to be an inde1>endent contractor of Altiri s and not 1n employee, agent, or parh,cr of Ahir is. 17. Force Majeure. Ne id1er party will be liable to the other because of any delay or failure of pcrfonnance lo dte extent such delay or failure rises out of causes beyond the reasonable control and without lhe fault or negligence of such party. 18. Independent Contractor. The parties Are indepcndcnl contr1c 1ors, and Ahiri a shRII be responsible for 1my and 11,ll social security, unemploymenl , worker 's compensation and other withholding taxes for any Rnd all of ils employees. 19. Gover nmental Immunity. Customer, its officers, and employees, are relyi111 on , and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other righls, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-10 I ct seq ., RS from time to time amended, or otherwise available to Customer, its officers, or employees. 20, Miscellaneous. (a) Governing Law. This Agreement will be governed by the laws of the State of Colorado (excluding laws Hoveming connicts of law). (b) Entire Al!reement, This Agreement constitutes the entire agreement between Customer and Altiris wid1 respect to its subject maller, and supcncdes any prior agreement or conununication between the parties with respect then:to, whether written or orol. (c) Sevenblllty, If any provision or portion of this Agreement shall be held by • court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provision or portions shall remain in full force and effect. (d) Jll!!lll!!& Effect/A11ienmcnt, This Agreement is binding upon the parries ' respective representatives, successors, and assigns, but Customer shall not assign this Agreement, or any rights hereunder, without the prior written consent of Altiris. (e) Modlficationa/Amcndmentl Except for Altiris' right to revise the Services Overview and price list u well as Altiris' end-of-support life policy (u described in Secrions I, 4 and 5 above), the As=ment may be modified only in writina signed by authorized representatives of both Customer and Altiris. In particular, the terms of I purchue order will not modify the Agreement unle11 the parties agree otherwise in wriring. (I)~. Sections 4, 6, 7, 8, 9.1., JO, 11 and any other provision which by its nature survives termination of the Aareement will so survive . (&) l!.21i.m, Any norice provided pursuant to tl1i1 Agreement shall be in writina to the parties 11 the addresses sot forth below and shall be deemed given (I) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postaae prepaid, certified mail, relum receipt requested or (J) one (I) day after deposit with a n1tion1lly- recoanized ovemiaht courier, specifyina ovemiaht priority delivery. Either party may change its addreu for purposes of thi1 Aarecment at 111y time by giving written notice of such chanae to the other party hereto. (h) Media Releases. Except for any aMouncement intended solely for internal distribution by Alriris or any disclosure required by lepl, accounting, or regulatory requirements beyond the reasonable control of Alriris, all media release s, public announcemenu, or public disclosures (including, Uut not limited to , promotiona l or marketing materi11I) by Altiris or its employees or •Hcnts rclari nH to this Agreement or it, subject matter, or includ ina the name, trade muk, or symbol o f Customer, shall be coordi1111ted w ith and ap proved in writing by Custo mer pr ior to the release dtereo f. Altiris shall not re 1uesent directly or ind irectly that 11ny Service, provided by · Altiris to Customer hu been 1p11roved or Poge 5 . •· '• j,' altiris .. endorsed by Cuslomcr or incl ud e lhe name, rradc mark. or symbol of Customer on I list or Ahiris' customers without Customer's express written consent. roge 6 · Wtiris~ Altiris , Inc . Page 7 Wtiris~ Incorporated by Reference Altiris , Inc . Exhibit A End of Life Policy Page 8 ( Altiris Product End-of-Life Support Policy This Altiris Product E nd of Life Support Policy ("EO L Policy") describes the level and duration of support that Altiris provides for di scontinued software product versions . As a convenience to its customers, Altiris offers three categories of support for purposes of this EOL Poli cy : (I) Engineering Support, (2) Technical Support , and (3) Technical Information Support, as more particularly described below . Altiris offers all three categories of support for all current Altiris software product versions. To qualify for Engineering Support, a customer must (i) be a current subscriber to Altiris ' Annual Upgrade Protection program, and (ii) have purchased a current Altiris Support Services offering. To qualify for Technical Support, a customer must have purchased a current Altiris Support Services offering. For a list of discontinued Altiris products and their respective End of Life support status, go to http://www.altiris .com/Support/Online/ProductEOL.aspx. Definitions "Update" means a fix or compilation of fixes (e.g. service packs) released by Altiris to correct operational defects (program bugs) in an Altiris software product. "Upgrade" means any new version of an Altiris software product that bears the same product name, including version changes evidenced by a number change immediately to the right or the left of the decimal (such as Product X 6 .0 to 6 .1 or Product X 6.0 to 7 .0). Any question as to whether a product is an Upgrade or a new product will be resolved by reference to Altiris' positioning of the product to its end user customers generally . "Severity" is a numerical designator for the business impact of a technical issue or incident as reasonably determined by Altiris . For purposes of this EOL Policy, the different severity levels are defined as follows : Severity I : System down, unable to do business. A vital business process is severely affected and there is no procedural workaround. A fix or work around is required immediately. Severity 2 : A vital business process is impeded. Business performance is sub-standard but is acceptable for a short time. Severity 3: M edium busin ess impact. Work-around in place. Fix is scheduled. Intermittent issue. General how- to q uestions and/or techniques. Documenta tion e rrors . Severity 4: E nhancement requests. Functional ity requested in fu ture re lease. Except as noted below in the Section "EXCEPTIONS TO THE FOREGOING SUPPORT LEVELS", Altiris generally provides the following levels of support for discontinued software product versions. E ngin eering Support (Bug f ixes) For Severity 1 and Severity 2 incidents, Altiris will u se commerc ia ll y reasonab le effort s to allocate engineering resources to provide Updates in response to inci den ts reported b y a customer for a software produc t version for a period of one year after ( 1) an Upgrade of s uch p rod uct version is generall y re leased, or (2) A lti ris discontinues delivering such product to its customers generall y. For example, if a customer p urchases lice nses for product version 6 .0, the customer may obtain Updates for Severity 1 and Severity 2 in ci de nts for one year afler a new Upgrade ( e .g., 6 .1) is generally released, afler w hich time Updates will no longer be p rovided for the 6 .0 version . Alti ri s EOL Policy (042606) If an Update to a current version of Altiris software or an Upgrade contains a bug fix that resolves an issue in a discontinued version of Altiris software, such bug fix may not be provided separately for such discontinued version of Altiris software. Availability of such a bug fix for a discontinued version of Altiris software is at Altiris' sole discretion. Bug fixes for Severity 3 and Severity 4 incidents will be made in current versions only . E11/ranceme11ts/Feature Requests Altiris welcomes product enhancement requests from its customers, which requests should be communicated to Altiris Support Services. Requested enhancements will be prioritized based on various business and technical considerations such as the number of requests received relating to a particular issue and the nature of the enhancement. As a general policy, enhancements will be included in Upgrades, not Updates. On occasion, enhancements may affect or be the solution to fix a bug, in which case they may be included within an Update . Technical Support (Phone Support/Work-aroundsl/foowledgebase) Altiris will offer telephone support, work-arounds, and knowledgebase articles for a product version for a period of two years after (1) an Upgrade to that product version is generally released, or (2) Altiris discontinues delivering such product to its customers generally. For example, if a customer purchases licenses for product version 6.0, the customer may obtain technical support for two years after a new version (e.g., 6.1) is generally released, at which time technical support will no longer be available for the 6.0 version. Technical Information Support (Online Forum/ Knowledgehase) Altiris offers onJine forums where Altiris software users can communicate with other Altiris software users regarding any version of any Altiris software product. Customers may post questions to others on the onJine forums regarding discontinued versions of Altiris software ; however, Altiris Support Services will often archive discussions or questions regarding products that are more than two versions old. While Altiris monitors the forums from time to time, these are public forums and Altiris is not responsible for any information posted by another party. Altiris may also provide knowledgebase articles and other information for discontinued software product versions on the Altiris web site . Technical Information Support is a service that Altiris offers free of charge to its customers. Altiris reserves the right to stop offering Technical Information Support in its sole discretion at any time . EXCEPTIONS TO THE FOREGOING SUPPORT LEVELS For the software products listed below, the foregoing support levels as described in this EOL Policy do not apply. The duration and level of support for discontinued versions of such software products are as listed below. Packaeing and Development Products Engineering Support: Engineering Support as first defined above in this EOL Policy is provided for only the current version of the software product. Technical Support: Technical Support is provided for the current version and the two most recent versions of the soflware product, except for Wise Installation System for which Technical Support is provided for only the current version. In order to receive Technical Suppmt for a supported version of the software product, such product must be updated to include the latest minor release . (For purposes of the preceding sentence, a ''minor release means a x.x.x version of the software product.) The software products covered by this exception for Packaging and Development products include: • Wise Package Studio • Wise for Windows Installer • Wise In stallation System Altiris EOL Policy (042606) Security Management Products Engineering Support: Engineering support as first defined above in this EOL Policy is provided for only the current version of the software product. Technical Support: Technical support is provided for only the current version plus the two most recent versions of the software product. The software products covered by this exception for Security Management products include : • SecurityExpressions for Clients • SecurityExpressions for Servers • AuditExpress . For avoidance of doubt, a version of Security Management Products may include two decimal points (e .g ., 3.4.1 , or 4 .3.2). Thus, if the current version of Security Management Product is numbered 3.4.3 , the versions supported under Technical Support could be 3.4.3 , 3.4.2 , and 3.4.l. Web Transaction Monitoring Products Engineering Support: For Severity l incidents, Altiris will use commercially reasonable efforts to allocate engineering resources to provide Updates in response to incidents reported by a customer for a software product version for a period of one year after (l) an Upgrade of that product version is generally released, or (2) Altiris discontinues delivering such product to its customers generally. Technical Support: Altiris will offer telephone support and work-arounds for a product version for a period of one year after (1) an Upgrade to that product version is generally released, or (2) Altiris discontinues delivering such product to its customers generally. This exception for Web Transaction Monitoring products applies to the following products : • Web Transaction Suite • Weblnsight Server • Weblnsight for User Transactions • Weblnsight for Synthetic Transactions • Weblnsight Composer • WebLens Patch Management Technical Support: Technical Support is provided for all Engineering Supported versions of Patch Management Solution. Once a v ersion has reached the Engineering EOL, Technical Support will support the EOL v ersi on for one month thereafte r, and th en will only support upgrade s to the latest Engineering Supported version . The software products covered by this exception for Patch M anagement include: • Patch Management Solution • Dell Patch Management Solution ALTIRI S RESERVES THE RI GHT TO CHANGE THIS E O L POLIC Y AT ANY TIME IN ITS SOLE DI SCRETION. RETURN TO THIS SITE PERI ODICALLY T O REVIEW ANY SUCH CHANGES . Altiris EOL Policy (042606) Altiris Consulting Statement of Work City of Englewood • Implementation -Client Management Suite Level 1 & Help Desk Solution Statement of Work #: City of Englewood_lMPl Document Date : April 19, 2006 Revision : 2 - Altiris Consulting Created on April 19, 2006 ·siiie.me~i ·ar"wo·r·k ·i ·city of ·E~·gie~a~d ~iMi>'t° · · · · · · · · · ·· · · · · · · · · · · · · · · · .. · · · · · · · · · · · · .... · · · · · · .. · ·P~ge · 2· Notice Copyright© 2006 Altiris, Inc . All rights reserved. No part of thi s document may be reproduced , stored in a retrieval system , or transmitted i n any form or by any means , electronic, mechanical, photocopying, recording, scann i ng , or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission of Altiris, Inc. through letter or previously executed agreement detailing such perm ission . Altiris, Inc. 588 West 400 South Lindon.UT 84042 Phone :(801)226-8500 Fax : (801) 226-8506 BootWorks U.S. Patent No . 5,764 ,5 93 . Rap iDeploy U.S. Patent No . 6,144,992 . Alt ir is, BootWorks, Inventory Sol ut ion , PC Tran splant, Rap i Deploy, and Rapidlnstall are reg i stered trademarks of Altiri s, Inc. i n the Uni t ed St ate s. Carb on Co py is a registere d trademark license d t o Altiris, Inc. in the Un ited Stat es an d a registere d trade mark of Al tiris, Inc . In other countries . Microsoft, Windows, and the Windows logo are trademarks, or registered trademarks of Microsoft Corporation in the United States and /or other countries . Other brands and names are the property of their respective owners . Information in this document is subject t o change witho ut n otice . For the latest do cumentation, visit www .altiris.com ........................................................................................................................ C) 2006 Alllrls, Inc . All Rights Ru,rv,d. Copying or Distribu tion Proh ibit,d. CONFIDENTIAL, TERMS SUIUECT TO NON -DISCLOSURE AGREEMENT AND/OR CONFIDENTIALITY CLAUSES WITHIN MAffiR AGREEMENT v al ti ris· Altiris Consulting Created on April 1 9, 2006 ·siiie~ent ·of°w~·r·k ·ii:· city oi'i~·gie;,.:,ao,CiMi,r · .. · · .. · · · · · · · · · · · · · .. · · · .. · .. · · · · · ...... · · .. · · · .... ·Pige· 3· Table of Contents Statement of Work ................................................................................................................ 4 1. Executive Summary ..................................................................................................... 5 2. Project Scope and Assumptions ................................................................................... 5 3. Customer Responsibilities ........................................................................................... 9 4. Altiris Responsibilities ................................................................................................. 9 S. Change Control ......................................................................................................... 10 6. Proposed Schedule .................................................................................................... 10 7. Price ......................................................................................................................... 10 8. Cancellation Policy .................................................................................................... 11 9. Terms and Conditions ............................................................................................... 11 Signature Page ................................................................................................................... 13 Appendix A -Acknowledgement of Completion .................................................................. 1 S Appendix B -Change Control ............................................................................................. 16 Appendix C: Altlrls Travel and Expense Polley ..................................................................... 1 7 Appendix D: Definitions ..................................................................................................... 1 8 Appendix E: Pricing Information .......................................................................................... 19 Appendix F: Incident Support .............................................................................................. 20 Appendix G: E-Learnlng Information ................................................................................... 21 ...................................................................................................................... C> 2006 "'"' os , Inc . "" R ghts Ro servod . Co pyi ng or Dist ri bution Prohib itod . CONF1DENTl4l. TUMS SU.,ECT TO NOIH>ISCLOSURE AGREEMENT AND /Oil CONFIDENTIAUTY CLAUSES WI THlil MASTER "CREEMENT alti ris · Altiris Consulting Created on April 19, 2006 ·siaie.~e~i·orw~·r·k°ii:·cii:vorE;;g;~~;;oci~iMi>·r ···· .. ·············· ................................. Page·4 Statement of Work Contact Information Altlrls, Inc. City of Englewood 588 West 400 South 1000 Englewood Pkwy . Lindon, Utah 84042 Englewood, CO 80110 Tel.: (801) 805-2708 Fax : (801) 406-0201 Primary Project Location 1000 Englewood Pkwy . Englewood, CO 80110 Alttrts Consulting Contacts SOW Author Ematt Address Phone number(s) Doland White dwhite@altiris .com 310-373-3111 Resource Planner Ematl Address Phone number(s) Soni Ketterling sketterling@altiris.com Customer Project Contact Project Contact Ematl Address Phone number(s) Don Ingle dingli:@i:ngli:woodgQv.Qrg 303 -762-2388 Signature Authority Ematl Address Phone number(s) Sales Contacts Altlrls Rep Ematl Address Phone number(s) Roarke Mace rma!;;i:~altiris .!;om (801) 734-7731 Valerent -Partner Rep Ematl Address Phone number(s) Chad Perniciaro ~erniciaro@vali:ri:nt.!;om (713) 795 -2820 O 2006 Altlri,, Inc . All Righl5 Ruerved, Copying or Dlmlbuelon Prohlboted . CONFIDENT1Al, TEAMS SU.,ECT TO NON -DISCLOSURE ACIIEEMENT AND/Oil CONFIDENTIAUlY CLAUSES WITHIN MASTf.l AGREEMENT Fax number (801) 406-0201 Fax number (801) 406-0201 Fax number Fax number Fax number Fax number (713) 795 -2 401 altiris· ( Altiris Consulting Created on April 19, 2006 ·siaie.meni ·ar'w,,~k ·it': ·city ofE~·gie~ooei~i,:..;P·1· · · · · · · · · .. · · .. · · · · .... · · · .. · · · · .. · · · · · · ...... ·· .. ·····Page· s· 1. Executive Summary The purpose of this Statement of Work ("SOW ") is to provide City of Englewood, ("Customer") with consulting services in planning and deploying the Altiris Client Management Suite Level 1 and Help desk. Altiris will provide a consulting team with the appropriate skills for Ten (1 0) business days . 2. Project Scope and Assumptions The objective of Altiris under this Statement of Work ("SOW") is to provide ("Customer") with assistance in getting started using Altiris solutions. Altiris will send an Altiris consultant with the appropriate skills to a single Customer site for 1 0 business days for planning, configuration, consulting and knowledge transfer on the Altiris solutions included in this project. The primary objectives of this project are to conduct an assessment of Customer's business and technical requirements, design a solution that meets those needs, and pilot the solution to a limited subset of production computers. This is a time-based engagement. Altiris will make commercially reasonable efforts to perform the services set forth below, at a price specified in a purchase order accepted by Altiris. PHASE I -Assessment / Planning These activities include : • Assess the existing network infrastructure • Assign team members and targeted roles on engagement • Discuss existing customer business and technical requirements : • Discuss the user (node) count, network topology, server operating systems in use, name resolution capabilities, OS and software standards, hardware standards and determine if software prerequisites are in place, if appropriate • Discuss desktop (client) management infrastructure and systems management policies • Discuss reporting requirements and deployment methods ........................................................................................................................ C) 200 Altor ls, Inc . All Rights Reurved Copying or Olsrrlbut on Proh blled . CON FI DENTIA L, TEAM S SUll)ECT TO NON -DI SCl.OSUltE ACltEEMENT AND /OIi CON FIDENTIAUTY CLAUSES WI THIN MASTEll ACllUMENT altiris· Altiris Consulting Created on April 19, 2006 ·srai~·~e~r ·orwo·r·k ·;,: ·city "c;i ·E~·giewoacijMr,1· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ······· .. Page· 6 • Discuss high-level Altiris architecture and overall requirements for client management and Help Desk • Assess the Customer's current inventory process and/or requirements, collection frequency and collected data • Define Package Server requirements (if appropriate), including number and location of Package Servers, hardware and software requirements, Package Server Agent configuration, and deployment method Phase II -Test and Pilot These activities include: • Work with customer team to set up non-production design lab, representative of the production environment, to perform testing of the technical design and implementation plans. Perform testing and adjust designs if necessary, based on results • Install and configure Altiris servers on production server machines. Deploy client agents to pilot computers . Review reports and confirm that design configuration works successfully. Evaluate data collected during Pilot and identify configuration changes for Production Deployment • Develop Production Deployment Strategy, including production deployment schedule, processes for future deployment of Altiris Agent, and criteria for proceeding with production deployment Phase Ill -Deployment / Configuration These activities include: • Implement Deployment Production Strategy • Deployment o f Altiris agents to "reachable " production computers • Installation of the Notification Server and Dep l oyment Server in production environment • Setup and Configuration of Patch Management for c l ients • Setu p an d Co n fi gurati on of Software Delivery Solution fo r cl ients • Se t u p an d Config u ratio n of Standar d Help Des k Solu ti on • Setup and Config u ration of Inventory So l ution for clients O 2006 Alllrlt, Inc . All Rlghu RtSfrvtd . Copying or Dlm l butlon Proh ibited , CONFIDENTIAL. TERMS SUIUECT TO NON -DISCLOSURE ACltf.EMENT AND/OR C0NFID£NTIAUTY CLAUSES WITHIN MASTER AGREEMENT ~· altiris· ( ( Altiris Consulting Created on April 19, 2006 ·si.iie·,;.;eiii ·orw~·~tii:'citv oi ·E~·gie~ooei~iMi,1· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·· · · · ········Page· i • Demonstrate Image creation with Deployment Solution • Demonstrate Wise Packing Solution / Wise lnstallTailor • Best Practices review of Altiris Notification Server including : • Software Delivery Solution • Associated Altiris agents (i.e.; Software Delivery Solution Agent, Task Synchronization Agent) • Creation of software packages • Creation and management of collections • Policies (tasks) • Recommendations and best practices regarding NSClient configuration setting including : • bandwidth throttling • Refresh interval • Recommendations and best practices regarding Software Delivery Solution, including : • Package Server placement • Bandwidth throttling • Blackout periods • Recommendations and best practices regarding Inventory Solution, including : • Inventory collection frequency • Recommendations and best practices regarding Patch Management Solution, including : • Adding custom switches to patch • Chaining multiple patches into single package • Issues around patch dependencies • Notification policies related to patch management • Package Servers and the role t hey play i n a complete patch management infrastructure • Recommendations and best practices regarding Carbon Copy Solution • Rec o mmendations and best practices regarding A pplication Manage men t Soluti on • Con fi gu re t he followi ng help de sk item s w ith Customer staff m embers • Create Tickets fro m Quic k Inci d ents • Link Tickets 0 2006 Allirls , Inc . All Rights Ruernd . Copying or Olllr lbutlon Proh blted. CON FI DENTIA L, TERMS SU.,ECT TO NON -D1SCLOSU1l£ AGIIEEMEHT /ltHD /0,. CONFIOENTIAUlY CLAUSES WITHIN MASTER AGllEEMENT : , alt i ris· Altiris Consulting Created on April 19, 2006 ·siaie·,;.;e~t ·orw~·r·k .it':. city "c;fE~·9ie~~od~iMF11· .••••••••••••••••••••••••••••••••••••••.•••••••.••••• ·Page· s • Create Ticket Free Form • Populate Contact data in the Ticket • Utilize Worker Report • Establish Notification Rules • Configure Workers • Categories • Routing Rules • Email templates • Reports • Helpdesk Activity, Trend Analysis Knowledge Transfer Altiris will provide as much hands-on knowledge transfer as possible during the implementation of this solution. This knowledge transfer will occur during the course of the engagement as procedures are decided upon and implemented. Altiris encourages our clients to learn through hands -on experience; however, at no time shall knowledge transfer efforts impede the progress of the current work effort. After Altiris consultant has implement the outlined configurations, Altiris will give the client's designated representative an opportunity to configure the remaining options under Altiris supervision. Completion This time-based engagement will be deemed complete when Altiris has delivered 1 0 days of labor. Altiris will make commercially reasonable efforts to complete the activities described in the Project Scope and Assumptions section as limited by the assumptions described in the same section and Customer's performance of responsibilities pursuant to the Customer's Responsibilit ies section below. Customer will be responsible for acknowledging delivery of the specified labor by signing the attached Appendix A : Acknowledgement of Completion at the conclusion of the engagement. If Altiris is not notified of any problems with the work within 20 days of the completion of the engagement, the services will be deemed accepted. C) 2006 Alriri,, Inc. All Rlghrs Reserved . Copying or Distrlbullon Prohibited . CONFIDENTIAL, TERMS su-,ECT TO NON -DISCLOSURE ACRE™ENT AND/OR CONFIDENTIALITY CLAUSES WITHIN MASTER ACREEMENT :~; al ti ris · ( Altiris Consulting Created on April 19, 2006 ·siai~-~e~.: ·~rwo·(k ·;/·city ai"E~·gie~o~djivii;1· · · · · · · · · · · · · · · · · · · · · · · · · · · ·· · · · · · · · · · · · · · · · · · · · · · · · · · ·,;ag,· 9 Exclusions Customizations (as defined in Appendix D) are excluded from the project scope and tasks unless they are explicitly defined as activities listed under section 2 (Project Scope and Assumptions) above or listed in Appendix B (Change Control). Customizations that are explicitly listed as project activities must be acknowledged as such, signed, and dated in Appendix A (Acknowledgement of Completion). Once signed and dated, customizations will be subject to a 30 d v acceptance period, during which the customer can fully test the custom lz tlon In their environment. Unless the customer notifies Altiris during the 30 -day acceptance period that the customization is unacceptable, acceptance Is lmpl d. For further detail on customizations, please read Appendix D. 3. Customer Responsibilities Customer shall cooperate with and assist Altiris in the performance of the s rv and will provide the following resources necessary for Altiris' performanc e hereunder as specified in this SOW : 1 . Customer will appoint and make available a project manager d gn t d t work with the Altiris consultant for all aspects related to the compl t n f Services and who will have authority to act on behalf of Custom r . 2. Customer will provide access to staff resources (dedicat d or p rt t m required by this project. 3. Customer shall ensure that adequate workspace is av II bl where services will be provided by Altiris. It is highly d Ir bl th t th Altiris consultant have access to the internet, wheth r by t I n hn direct network access, to access services and utilitl ntl I I th success of the engagement . 4. Altiris Responsibilities • Altiris will ensure that Altiris staff assigned to th is ng m nt , reasonably knowledgeable in the Altiris products i n lud d In th l W. 4 . Altiris will ensure project issues are brought to th Customer Project Manager in a timely manner to n ur Um ly r lut n with minimal impact to the project timeline . ...................................................................................... ................. ............ . () 2006 Alt lrh, Inc . All Rights Ruerved . Copying or Distribution Proh ibited . CONFIDENTIAL, TERMS SUIUECT TO NON -DISCLOSURE AGREEMENT AND/Olt C0Nf1Df.NTIAU1'V C MASTER AGREEMENT altiris· Altiris Consulting Created on April 19, 2006 ·state·~~~t ·~f wo·r·k ·;;: ·city oi'E~·9i~~~ocLi Mi>1 · ................................................... r>~i/i .i a· 5. Change Control Changes to this SOW shall bec om e effect ive only upon written agreement between Altiris and Customer as indi cated by signature on the Change Control form i n Appendix B. Changes to the SOW may require additional resources from Altiris . Additional labor, if required, may be purchased at then -current Altiris or reseller published rates as described i n the Alti ris Customer Service offering description. Scheduling for additional labor is subject to Altiris staff availability. 6. Proposed Schedule The proposed start and end dates listed below are estimates. Project start and end dates can be confirmed only after a signed copy of this SOW, along with a copy of a purchase order, are submitted to Altiris, as described in the Section "Instructions on Contract Process ." Unless otherwise agreed upon by the parties, Altiris require; three weeks' lead t i me to start a project. Once confirmed, changes to the scheduling of a project phase will be subject to terms of the Cancellation Policy described in Section 8: Cancellation Policy . The consulting services included in this project must be utilized in contiguous segments no less than five (5) consecutive business days, spanning one week . Required Signing Date : At least three weeks prior to commencement of services Proposed Project Start Date : TBD -- Proposed Project End Date : TBD ----- A "day " i s defined as eight (8) hours of work conducted between 8am and 5pm in the local time zones . The work schedule may be adjusted by mutual agreement to accommodate Cu stomer work hours or special circumstances . 7 . Pr ic e This is a time and materials engagement. Customer is responsible for issuing a purchase order for both the labor, as specified on the Signature Page, and the estimate d expenses (listed at the end of t his section) no later than 10 (ten) business da ys pri o r t o t h e start of the engagement. Altiris wi ll not exceed the labor cost as specified in t he Customer's Purchase Order without Customer's written approval. Upon Customer receiving written C> 2006 Altlrls, Inc . All Rights Reserved . Copying or Dmrlbu1 lon Prohlblltd . CONFIDENTIAL, TERMS SU.,ECT TO NON -04SCLOSUIIE ACIIEEMENT ANO /Oil CONFIOENTIAUTV CLAUSES WITHIN MASTER ACREEMENT altiris· ( Altlrls Consultlng Created on April 19, 2006 ·siat,.me~i ·or \Aio.,..k ·it':· citv oi'En'gie~~o,GMi>·1· .. · · · · · · .. · .. · .. · · · · .. · · .. · · · · · · · · .... · · · · ·· .. · .. · .. Page ·ii· notice from Altiris that the activities cannot be completed within the specified cost, the Customer will have the option to provide additional funds to complete the remaining activities or prioritize Altiris' remaining efforts and terminate the project when funds have been expended. The price for the labor included in this SOW is as stated in the Altiris or reseller price quotation for Altiris Consulting. Expenses Travel and expenses will be billed to the customer as actuals within 45 (forty- five) days of the project's completion . The per-diem rate for this project is set at USD $50. For further details on allowable expenses, please refer to Appendix C of this document. [!su;ated expenses for this projecC[s2,ooo per week ______ J 8. Cancellation Policy Customer acknowledges that cancellation of this engagement may cause Altiris to incur non-refundable travel expenses and other costs. Accordingly, if Customer cancels this engagement less than 10 business days, but more than 3 business days prior to the start date of this engagement, Customer shall pay Altiris the fees equivalent to one day of services under this engagement or $2,500, whichever is less. If Customer cancels this engagement less than 3 business days prior to the start date of this engagement, Customer shall pay Altiris all fees due for this engagement as if it had been fully performed or $12,500, whichever is less. Such cancellation shall be in writing and shall be effective when received by Altiris. 9. Terms and Conditions This SOW defines services to be provided by Altiris for Customer and is governed by the terms and conditions hereof and any previously executed Master Software License Agreement or Customer Services Agreement by and between Altiris and Customer (and if the parties have not previously executed either a Master Software License Agreement or Customer Service Agreement, by the terms of Altiris' standard Customer Services Agreement, copies of which can be obtained online at www.altiris.com or by contacting Altiris' Legal Department), which C 200 Alum, Inc All Right, Reurved. Copying or Distribution Prohibited . CONFIDENTIAL. TEAMS SU.,ECT TO NON -DISCLOSURE AGREEMENT ANO/OR CONFIDENTIALITY CLAUS ES WITHIN MASTER AGREEMENT :· ·, alti ris· Altiris Consulting Created on April 19, 2006 ·state.me~t ·orw~·~k ·i ·city ai ·E~·gie~oo~UMr;1· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·· · · · · · · · · · · · · · · · · · · Pag~ ·i =2 Master Software License Agreement or Customer Services Agreement is hereby incorporated herein by reference. This SOW and any Master Software License Agreement or Customer Services Agreement incorporated herein by reference set forth the entire understanding and agreement between the parties relating to the subject matter and may be amended only in writing signed by both parties. Any terms of any purchase order or other document submitted by Customer that are in addition to, different from, or inconsistent with, the terms and conditions of this SOW and any Master Software License Agreement or Customer Services Agreement incorporated herein by reference, are not binding on Altiris and are ineffective. REMAINDER OF PAGE INTENTIONALLY BLANK SIGNATURE PAGE FOLLOWS C) 200 Altirls , Inc . All Rlghu Reserved . Co py ing or Olslrlbutlon Prohlblled . CONFIDENTIAL. TEii.MS SU.,ECT TO NON •OtSCLOSUltf ACltfEMENT ANO/Oil CONFIDENTIALITY CLAUSES WITHIN MASTER ACREEMENT :; a lt i r i s· Altlrls Consulting Created on April 19, 2006 ·sia1e·ni,iii ·orw,,r·1c ·it': ·c1iv ofE,igiewoo,:CiMi>·1 · · · · · · · · · · · · · .. · · .. · .. · · · · · .... · · · · · .. · · · .. · ........ Page .. i3. Signature Page By signing below, Customer acknowledges that this project is based on time and materials and agrees to the provisions of this Statement of Work. This Statement of Work Is only valid if signed within 45 (forty-five) days of its creation date. City of Englewood Signature: Name: Title : Labor : 1 O Days (based on the SKUs specified in the Purchase Order) Purchase Order No.: ALTIRIS Digitally signed by Doland Signature: White ------------------1R""e~a2<s~o""n..---i.-t-l~am11~, app1 ovil ,g this document Name : Bi ll Holzendorf Date : 2006 .06 .28 15 :33 :52 -------------------~0~1=·0=-0=·,---- Title: Direct or of Altiris Worldwide Consu lting Date : 2006 Altlrl,, Inc . All Righ i, Rutrvtd. Copying or Dlllrl butlon Prohibited . CONFIDEN TIA L. TEAMS SU.,ECT TO NON -DISCLOSURE AGREEMENT AND /OR CONFIDENTIALITY CLAUSES WITHIN MASTEA AGUEMENT a ltir i s· Altiris Consulting Created on April 19, 2006 ·siaie-~eiii ·orw~·~k ·i ·city ofE~·g;e;~~~fiMr'1· · · · · · · · ·· · · · · · .. · · · · · · · · · · · ·· · · · · · · · · · · · · · · · · ·······Page ·14· Instructions on Contract Process Please print out 2 (two) copies of the Statement of Work, sign and send with a copy of your purchase order to: Altiris Consulting Resource Planner 588 West 400 South Lindon, UT 84042 To expedite the scheduling of your engagement, fax a copy of the signed signature page and purchase order to Altiris Consulting at (801) 406-0201. If you have any questions regarding the project as outlined in this Statement of Work, please contact the Altiris Consulting Contact listed on page 4 of this document. ······················································································································ C 2006 Alt irls, Inc . All Rights Reserved . Copying or Distri bution Proh ibited . CONFIDENTIAL, TERMS SUIUECT TO NON -DISCLOSURE AGREEMENT AND/Oil CONFIDENTIAUlY CLAUSES WITHIN MASTER AGREEMENT ·~, a It i r is· , (_ Altiris Consulting Created on April 19, 2006 ·siaie.meni ·~rw~·r·k ·i ·city oi'En.gie;;;~ci~iMr,r · · · · · · · .. · · · · .. · · · · · · · · · · .. · ·· · · · .. · · · · .. · · · · · .. · · · i>~ge ·1 s· Appendix A -Acknowledgement of Completion Customer: SOW#: City of Englewood DRAFT Project Start Date: TBD Project End Date: TBD SOW Revision #: SOW Date: March 14, 2006 Additional Comments: I acknowledge that Altiris has delivered the 1 O days of consulting labor as noted on the signature page towards completion of the above activities. Customer Signature---------------------------------Date -------------- Printed Legal Name ----------------------------------Title -------------- ...................................................................................................................... C, 2006 Alllrls, Inc . All Rights Reserved . Copying or Distribution Prohibited . CONFIDENTIAL, TERMS SU.,ECT TO NON-01SCLOSU1t£ ACltEEMENT AN O/OR CONFIDENTIALITY CLAUSES WITHIN MASTEll ACltEEMENT alti ris · Altiris Consulting Created on April 19, 2006 ·siiie.meni ·~f \y,;,:k ·i ·city or ·E~·gie~;;od ~iMP.i · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · i>~9~ ·16 Appendix B -Change Control Modifications to this SOW become effective upon signature by both Customer and Altiris. Any changes to this section must follow the process outlined under "Instructions on Contract Process." --·----·-----------~-------------------·- Revision Description of Change No . Customer Altiris Date 1-----·-----------·------------·•--------1--------------1 ------·--------·----·---------+----·-----4--------+----f ----·--------·-·----------------------------1 -·------1-----------------~-------+----------+----I C) 2006 Altlrh, Inc . All Rights Reserved . Copying or Distribution Prohlbi!ed . CONFIDENTIAL, TERMS SUll)ECT TO NON -DISCLOSURE ACREEMENT AND/OR CONFIDENTIALITY CLAUSES WITHIN MASTER ACREEMENT ( ( Altirls Consulting Created on April 19, 2006 ·siaie.me~i ofw~·..-k ·it: ·c1i;,; ofErigie~ooci~iMi,i .. · · · · · · · · · ·· · · · · · · · · · · · · · · ·· · · · · · · · · · · · · · · · · · · · · · · ·P~ge ·17 Appendix C: Altiris Travel and Expense Policy Customer will only be responsible for reasonable expenses such as travel, lodging, and meals in accordance with Altiris' travel and expenses policy. Altiris will invoice separately for labor and expense fees, including expenses at actual cost and as outlined below. Altlris' Polley towards Transportation is as follows: • The expense for authorized air travel will be reimbursed at cost. Altiris attempts , when feasible, to book the flight at least two (2) weeks in advance. Air Travel expense will be reimbursed for coach fare only. • The expense for authorized rental car and other transportation fees (train, taxi, subway) will be reimbursed at actual cost. Customer will not be responsible for, nor reimburse , any type of insurance on the rental car. Altiris' Policy towards Meals Is as follows: Altiris follows a per-diem rate for meal expenses, based on location . These per- d iem rates are based on the 2004 Corporate Travel Index, and the individual rate to be used is identified within the statement of work. Customer does not reimburse the following: • Customer will not be responsible for reimbursement of any personal goods (cigarettes, magazines, newspapers and toiletries); nor personal entertainment (theater, movies, sports events, including movies on flights and/or hotels). • Customer will not be responsible for alcoholic beverages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' ....................................................... . O 2006 Altirls , Inc . All R ghu Reserved . Copying or Distribution Proh ibited . CONFIDENTIAL, TUMS SUIUECT TO NON -DISCLOSURE ACltEEMtNT AND /OR CONFID£NTIAUlY CLAUSES WITHIN MASTER ACltEEMENT :, al t iris· Altiris Consulting Created on April 1 9, 2006 'si~i~·~e~t ·or'w~·r·k 'i ·city oi ·E~·gie~~~iGMi>·1 ................................................. · · · i>a9e ·1 a· Appendix D: Definitions Customization A customization is defined as a change to an Altiris product's currently released and supported functionality and feature set. A customization does not include the installation or configuration of any Altiris product using the currently supported user interface and tools . ...................................................................................................................... Cl 2006 Allirls , Inc . All Rights Ruerved. Copying or Distribution Prohibited . CONFIDENTIAL, TERMS su-,ECT TO NON -DISCLOSURE AGREEMENT AND/OR CONFIDENTIALITY CLAUSES WITHIN MASTER AGREEMENT , ·-, alt i ris · Altiris Consulting Created on April 19, 2006 ·stat~·me~t 'ar'wi;r·k .i. City ~i ·E~·g ie~ood~iMi1i .................................................... i,~9e 'i g Appendix E: Pricing Information Valerent Quotation: COE-031906 Qty Part No. Description Per Unit Amount 400 41701-01 Client Management Suite -Level 1 $ 55 .20 $ 22 ,080 .00 1 46201-01 Service and Asset Management Suite -Level 2 $ 6 ,695.85 $ 6,695 .85 8 46301 -01 Service and Asset Management Suite -Level 3 (Helpdesk) $ 1,677.10 $ 13,416.80 33001-01 Altiris Consulting 10-Day-SMB Package $ 16,000.00 $ 16,000.00 32801-01 eLearning Subscription -1 User (1 Year) $ 838 .95 $ 838 .95 1 30200-09 Incident Support Pack -5 Incidents $ 1,050.00 $ 1,050 .00 Subtotal $ 60,081 .60 Tax $ TOTAL $ 60,081.60 Pricing in this section is provided by Valerent Inc., an Altiris Platinum Partner. Altiris does not sell Altiris products directly to end user customers . Cl 2006 Alt rls , Inc . All Rig hts Reserved . Copylr19 or Distribution Prohibited. CONFIDENTIAi.. TOMS SUIUECT TO NON -OISCLOSUU ACltUMENT AND /Oil CONflDENTIAUTY CLAUSES WITHIN MASTEll AGll£EMENT altiris· Altiris Consulting Created on April 19 , 2006 ·siaie-~eni ·af°w,;r·k ·it: ·cii:v ofEn.gie;,.:.;;~;fiMi>1· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·······Page ·20 Appendix F: Incident Support Designed specifically for software installations in smaller organizations, Incident Support provides the convenience of working directly with an Altiris Support Engineer, but without the cost of a Premium or Enterprise contract . This offering allows you to access the knowledge of support engineers by telephone and email without a long-term contract commitment. Incident support is available on an as -needed basis during the standard hours of operation of your local Altiris Support Center. Incidents are available in five-packs or as a single incident (directly through Altiris only). What is an incident? An incident is defined as the reasonable resolution of one support issue that cannot be divided into sub -problems regardless of the amount of effort required to resolve the issue. If an issue consists of multiple problems, a separate incident will be required to resolve each problem . The Support Engineer will reasonably define what constitutes an incident. Incidents used for support issues resulting from a defect in Altiris software, or incidents used to request product enhancements will be credited back to your account. Cl 2006 Ah ir l s, Inc. All Rights Reserved . Copy ing or Distribution Proh ibited . CONFIDENTIAL. TERMS SU.,ECT TO NON -DISCLOSURE AGREEMENT AND/OR CONFIDENTIALITY CLAUSES WITHIN MASTER AGREEMENT altiris· Altiris Consulting Created on April 19 , 2006 ·siate.ment ·arwo·r·k ·i ·city ofE;igie~oocijMi,t · · · · · · · · · · · · · · · · · · · · · · · · · · · .. · · · · · · · · · · · · · · · · · · · · · · P~ge ·ii' Appendix G: E-Learning Information Altiris offers an array of online training courses covering the effective installation and use of Altiris software solutions through the Altiris Learning Center. There is an online course for virtually every software solution Altiris offers. Online training is a perfect complement to typical instructor-led training and your organization will likely benefit from both types of training . Access to this powerful online training system is available through an annual subscription, which provides you with these benefits: • Unlimited, anytime-access to the entire library of courses • Access to all new courses, assessments , and interactive examples as they are released during the subscription period • Self-paced learning experience • Status monitoring with your own personal students reports • Assessments to challenge what you have learned • Repeated viewing for knowledge enhancement and skill sharpening • Training opportunities for users who might not otherwise receive training C) 2006 Altlrl s, Inc . All Right, Rutrvtd . Copying or Dlstrlbu!lon Prohibited . CONFIDENTIAL, TERMS SU.,ECT TO NON -DISCLOSURE ACltEEMENT AND/Oil CONFIDENTIALITY CLAUSES WITHIN MASTER AGREEMENT alti ris· (. ADDENDUM TO END USER LICENSE AGREEMENT This Addendum ("Addendum") is entered into on this __ day of , 200_ ("Effective Date"), by and between Altiris, Inc . ("Altiris") and The City of Englewood, Colorado, a municipal corporation formed under the laws of the State of Colorado ("Customer, You or Your"), in order to modify the Altiris End User License Agreement (the "EULA"), a copy of which is attached hereto as Exhibit A . I. LICENSED USE of SOFTWARE. For avoidance of doubt, your use of the Software shall be governed by the terms and conditions set forth in the EULA (as amended by this Addendum), a copy of which is attached hereto as Exhibit A and is incorporated herein by this reference. 2. AMENDMENTS. The EULA is further amended and supplemented as follows: (a) Section 3 of the EULA is amended by deleting (ii) and replacing it with the following: "Customer may make two (2) archival copies of the Software, plus as many copies of both the client and server components of the Software as are necessary and proper under the normal back-up procedures which are utilized by Customer." (b) It is further amended by adding the following sentences: "Customer may also use and copy the Documentation, if any, but only as reasonably necessary to facilitate the licensed use of Software and so long as all required proprietary markings are retained on all duplicated copies." Section IO is deleted and replaced with the following Section 10 "Warranties" as stated below: "(a) Software. If (a) the Software does not substantially conform to its specifications in the Documentation, the physical media accompanying the Software is defective, or if you are dissatisfied with the Software for any reason, and (b) if the Software (including all accompanying media, Documentation, packaging, and materials) is returned by you within thirty (30) days of first receipt, then your license fee for the Software will be refunded to you . Upon return, this EULA shall terminate and you must immediately cease all use of the Software and remove and erase or cause to be removed and erased all copies of any Software from all computers and storage media and devices within your possession or control or the possession or control of authorized users under Section 2 of this EULA. At Altiris' request, you will certify in writing to Altiris that you have complied with this Section . In the event that the Software is licensed to you for evaluation or demonstration purposes , there shall be no refund because such licenses are free. In the event you purchase a license to the Software durin g or after an e valuation license for such Software, then Altiris sha ll have no obligation to refund any licen se fee s paid by you for the licen se to the Software (i.e., the 30 day evaluation period is your thi11y day limited warranty period). THIS LIMITED WARRANTY SHALL NOT APPLY TO SOFTWARE UPDATES AND UPGRADES; ALL UPDATES AND UPGRADES ARE LICENSED "AS IS," WITHOUT WARRANTY OF ANY KIND. (b) Right to License. Altiris represents an d warrants that (i) it either owns or has the right to license the Software or Documentation in accordance with this Agreement, and (ii) thi s Agreement does not vio late any agreemen t existing between Altiris and any other person or ent ity. (c) Viruses. Altiris represents and warrants that it sha ll use commercially reasonable efforts to screen the Software for viruses before delivery of the Software. ln the event that the Software is discovered within ninety day s (90 days) of delivery to have contained a virus upon delivery of the Software , A lt iris shall (at its expense and option) either (a) use commerciall y reasonable efforts to remove the virus from the Software or (b) re place the Software with software (having the same or substantially the same functionality) that is virus-free . Altiris s hall have no obligation under this warranty to remove any viruses that were not introduced by the Software. T is sha ll be your so le remedy with respect to viruses under this Agreement. (d) The Software does not contain any (i) software locks or disabling devices that cause the Software to become inoperable (this shall not apply to non-perpetual license types including evaluation, beta or other types indicated in Schedule A) or (ii) contain any Trojan Horse, worm or other software routine designed to disable, erase or otherwise harm any such Software, Customer's hardware or data, or to permit unauthorized access to Customer's hardware or data, or to perform any similar actions . The foregoing Section 2(d) shall not apply to Software functionality which downloads AUP if Customer is not paying for AUP provided that such functionality does not impair Customer's license rights hereunder. If a disabling device that is introduced by the Software causes the Software to be inoperable, then Altiris shall, at its expense, cause the Software to become operable. This shall be Customer's sole remedy under this Section 2(d). Altiris shall have no obligation under this warranty to cause the Software to become operable if the Software was rendered inoperable by a disabling device that was not introduced by Altiris. (c) Section 18 is deleted and replaced with the following: "The Customer may not be subject to taxation. No federal or other taxes (excise, luxury, transportation , sales, etc .) shall be included in quoted prices so long as Customer can show proof of exemption. If Customer can show proof of exemption, it shall not be obligated to pay or reimburse Altiris for any taxes attributable to the sale of any Software 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 imposect'on or payable by Altiris ." ( d) Section 19 is deleted and replaced with the following: "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 STATE 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, COLORADO" (e) Section 27 is added as follows: "Altiris acknowledges that the grant of license is made, and the EULA is entered into, in contemplation of the applicability of §365(n) of the U.S. Bankruptcy Code." 3. Additional Terms. The following terms are added to the EULA . (a) Altiris Indemnity -Intellectual Property. In the event that Software infringes any U .S. copyright, patent or trademark of a third party not affiliated with Customer, Altiris shall defend Customer against any claim of such infringement and shall pay any monetary judgments, attorneys' fees, and costs awarded to the third party for s uch infringement, or any settlement of such claim to which Altiris has agreed, provided that (i) Customer promptly gives written notice to Altiris of the claim against Customer alleging such infringement, (ii) Customer allows Altiris to control the defense and settlement of such claim , including any litigation, arbitration, mediation and settlement negotiations, (iii) Customer reasonably cooperates with Altiris in connection with the defense an d settlement of s uch claim, and (iv) if requested by Altiris , Customer ceases all use of the infringing Software and returns it to Altiris . If Customer is enjoined from continued use of any infringing Software or if Customer ceases use of any Software at the request of Altiris under (iv) above, then Altiris shall (at its option and expe nse) (a) obtain a licen se or right for Customer to continue use of the infringing Software, (b) modify th e infringing oflware to e liminate the infringement (while having the sa me or additional functionality and comparable or improved perfonnance characteristics) and provide s uch modified Software to C ustomer, (c) 2 ( provide substitute non-infringing software to Custom er (such substitute software will for purposes of this Agreement replace and then constitute "Software" under this Agreement), or (d) refund to Customer that portion of the license fees paid under this Agreement that can reasonably be allocated to the infringing Software, reduced by 25% for each year that it has been used by Customer. Altiris shall have no obligation or liability if the infringement is based upon or the claim arises from (I) any altered , changed or modified fonn of the Software not made by Altiris or authorized in writing by Altiris , or (2) the use of the Software in combination with anything not provided by Altiris or authorized in writing by Altiris , or (3) the use of the Software other than as described by Altiris in the Documentation or other written instructions or in any Altiris - authorized training, or (4) the use of the Software outside the scope of the licensed use , or (5) any specifications or requirements of Customer, or (6) use of a superseded version of the Software if infringement would have been avoided by using a subsequently released version of the Software . AL TIRIS' LIABILITY UNDER THIS SECTION IS SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH IN THE EULA (EXCEPT THAT ALTIRIS WILL NOT LIMIT ITS PAYMENT OF DEFENSE COSTS , EXPERT WITNESS FEES , OR DAMAGES AWARDED TO THE THIRD PARTY CLAIMING INFRINGEMENT IN ACCORDANCE WITH THIS SECTION). THIS SECTION ST A TES THE ENTIRE AND EXCLUSIVE OBLIGATION OF ALTIRIS REGARDING ANY CLAIM OF INFRINGEMENT OR OTHER VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS . (b) Governmental Immunity. Customer, its officers, and employees, are relying on, and do not waive or intend to waive by any provision of the EULA, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S . 24-10-101 et seq., as from time to time amended , or otherwise available to Customer, its officers , or employees . (c) Confidential Information. Altiris and Customer may disclose and/or exchange information, including Confidential lnfonnation, as necessary for purposes of this Agreement. Except as otherwise provided in this Agreement, "Confidential Information" means (i) any non-public business, technical, personnel , and/or financial information of either Party , and (ii) any other information that the disclosing Party ("Discloser") des ires to protect aga inst unrestricted disclosure by the receiv ing Party ("Recipient") that (a) if disclosed in tangible or electronic form , is marked as "confidential" or (b) if disclosed orally or visually, is designated orally as "confidential" at the time of disclosure or within a reasonable period of time thereafter. Subject to the requirements of the Colorado Open Records Act, CRS Section 24-72-10 I et. seq., the Recipient will maintain the confidentiality of the Discloser's Confidential Information with at least the same degree of care that it uses to protect its own confidential information, but no less than a reasonable degree of care. Subject to the requirements of the Colorado Open Records Act, CRS Section 24-72-10 I et. seq ., the Recipient will not disclose any of the Discloser's Confidential lnfonnation to any employees or third parties except for (I) the employees of th e Recipient who have a need to know and who have agreed in writing to maintain the confidentiality of s uch information, and (2) Recipient's third party outsourcers who have agreed in writing to maint ain th e confidentiality of such information . Th es e confid entiality obli gation s shall survive for three (3) yea rs aft er ex piration or t ermination of this A greem ent ; provided, that the ex piration of such obligations shall not affec t any oth er res tr icti on s on th e Reci p ie nt , includin g without limitation , any restri ction s under patent or co pyright laws. (i) Exce ptio ns. Confidential Information will not include any information that is (i) rightfully in the public domain without any breach by the Recipient , but only from the date it entered the public domai n, (ii) rightfully received by Recipient from a third party without any obligation of confidentiality, (iii) rightfully known to the Recipient without any obligation of confidentiality prior to its receipt from the Disc loser, (iv) independently deve loped by t he Recipient 's em p loyees wit hout use of the Discloser's Confide ntia l In fo rm atio n, (v) made genera ll y availab le to third parties by th e Discloser wit hout restrictio ns on disclos ure, (vi) requi red (on advice of counsel) to be disclosed under applica bl e laws , ru les or regu lations (inc ludi ng, witho ut limi tat io n, federal and state sec urities laws , ru les and regu lations), provided th at Recipient gives reasonab le prior notice to Discloser of such duty to di sc lo se, or (vii) technica l feedback from Customer re lated to the Software. (d) Media Releases . Except for any announcement intended solely for internal distribution by Altiris or any disclosure required by lega l, accounting, or regulatory requirements beyond the reasonable control of Altiris, all media releases, public announcement , or public disclosures (including, but not limited to, promotional or marketing material) by Altiris or it empt yee or agents relating to the EULA or its ubject matter, or including 3 the name, trade mark, or symbol of Customer, shall be coordinated with and approved in writ ing by Customer prior to the release thereof. Altiris shall not represent directly or indirectly that any Software or service provided by Altiris to Customer has been approved or endorsed by Customer or include the name, trade mark , or symbol of Customer on a list of Altiris ' customers without Customer's express written consent. (e) Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that the EULA does not grant to Altiris an exclusive right to provide to Customer any or all of the Software and services and shall not prevent Customer from developing or acquiring from other suppliers computer software programs or services similar to the Software and services . Altiris agrees that acquisitions by Customer pursuant to the EULA shall neither restrict the right of Customer to cease acquiring nor require Customer to continue any level of such acquisitions . Estimates or forecasts furnished by Customer to Altiris prior to or during the term of the EULA shall not constitute commitments. (f) Node Replacement. If Customer decommissions a Node (e.g., returns a leased Computer to the lessor at the end of a lease term, transfers a Node to a third party as part of divestiture, or otherwise ceases all use of a Node) and Customer desires to use the Software on a different Node in lieu thereof (the "Replacement Node"), Customer may do so provided that Customer (i) removes and erases the Software from such decommissioned Node before using the Software on the Replacement Node, and (ii) does not use the Software in excess of the licensed number of Nodes or otherwise in violation of this Agreement, except that the foregoing provision shall not apply to Software used to migrate computers, such as Deployment Solution, in the case where the Replacement Node already existed within the Customer's organization at the time of such decommissioning. (g) Authorized Users. Authorized Users under this EULA shall include Customer 's independent contractors. CONTINUANCE. Except as expressly amended and supplemented by this Addendum, the terms and conditions of the EULA are in effect and unchanged . If there is any conflict between the terms of the EULA and this Addendum , the terms of th is Addendum will govern . 4 C IN WITNESS WHEREOF, Altiris and Customer acknowledge that each of the provisions of the EULA, as modified by this Addendum, were expressly agreed to and have each caused this Addendum to be signed and delivered by its duly authorized officer or representative as of the Effective Date. DATED this ___ day of April, 2006 . CITY OF ENGLEWOOD, COLORADO By : _____________ _ Title :------------------- ATTEST: City Clerk APPROVED AS TO FORM: City Attorney AL TIRIS, INC. By :. ___________ _ Title : _____________ _ 5 - ( EXHIBIT A COPY OF AL TIRIS END USER LICENSE AGREEMENT DOCS/708689.1 .. - - ,. altiris· Altiris End User License Agreement This Altiris End User License Agreement ("EULA") is a legal agreement between you and Altiris, Inc . (" Altiris") for the licensing of software products from Altiris . BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT INST ALL OR USE THE SOFTWARE. PROMPTLY RETURN THE SOFTWARE IN AN UNDAMAGED CONDITION TO YOUR SUPPLIER WITHIN 30 DAYS OF YOUR FIRST RECEIPT OF THE SOFTWARE, AND YOUR LICENSE FEE WILL BE REFUNDED. I . SOFTWARE AND DOCUMENTATION . "S oftware " means the computer programs accompanying or provided under this EULA, together with the associated media and corresponding Documentation. "Documentation" means the end user manual and other documentation (including print and online), if any, provided to you with the Software . 2. LICENSE GRANT . Provided you comply with all terms and conditions of this EULA, Altiris grants you a non-exclusive , non-transferable license to use the Software in accordance with the License Type licensed by you . The Software is licensed solely for internal use within your organization; any other use, including for third parties or for commercial purposes , is expressly prohibited . A "Fulfillment Confirmation" in the form of a product or package label or a confirmation e-mail will be sent to you and will identify the Software licensed to you under this EULA and the License Type . This license is perpetual unless expressly stated otherwise in this EULA or in the Fulfillment Confirmation . Software de signated as "for clients" may not be used on a Server . "Server" means a computing device whose primary function is to provide se rvices to another computing device ( e.g., domain services, printing se rvices , email se rvice s, terminal services, application services , web ho sting, etc .). 3. COPIES . You may make copies of the Software provided that any such copy : (i) is created as an esse ntial step in the utilization of the Software as licensed under this EULA, or (ii) is only for archival purposes to back-up the Software . All trademark, copyright and proprietary rights notices must be faithfully reproduced and included by you on such copies . You may not make any other copie s of the Software . 4. OTHER RESTRICTIONS . Altiris reserves all rights not expressly granted to you . Without limiting the generality of the foregoing , you shall not: (i) disassemble , de-compile , reverse engineer , or otherwise attempt to reconstruct or discover the source of thi s Software , except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation , or (ii) modify or create de rivative works ba se d upon th e Software , or (iii) commercially distribute, sublicense, resell or otherwise transfer thi s Software , or (iv) rent , lease , lend , or use the Software for commercial timesharing or bureau use, or (v) or allow a third part y to co py , access or us e the Software ; or (vi) disclo se the results of any benchmark test of the Software to a third party without th e prio r writt en ap prov a l of Altiris . 5. OWNERSHIP . All title and intellectual property in and to the Software (including all copies of the Software made by you) are owned by Altiris and its licensor(s), if any . The Software is protected by copyright law and international treaty provisions . The Software is licensed to you , not sold. 6. EVALUATI ON LICENSE . This Section applies to you if the Software is licensed to you for evaluation or demonstration purposes . You are permitted to use the Software for evaluation or demonstration purposes only . The Softwa re may co nta in an automatic disabling mecha nism . Your rig ht to use the Software is limited in accordance with th e terms und er which you re ceived the Software. If no period of use is s pecified , then yo ur right to use th e Softwa re shall terminate thirty (30) days from receipt of the Software, at which time you must return or de stroy the Software . 7. ACTIVATION KEY . The use of the Software may require an "activation key" from Altiris or its authorized reseller. The activation key may be a printab le digital key , a non -pri ntable file , or any other mechanism used by Altiri s for li ce nse activation purpose s. You agree that you will not attempt to "hack," "c rack " or otherwise override this activation key . 8. UPDATES . Except as otherwise expressly provided herein , this EUL A will govern any Software updates and upgrades that may be pro vi ded to you in accordance with Altiris ' then-current maintenance and support policie s (including Altiri s' Annual Upgrade l·U LA Ge neral the (12 003) !, . , . .. al ti ris ·· Protection program or "AUP " program), unless s uch upd ates and upgrade s are provided under se parate li cense agre ement. You may u se such updates or upgrades only in conjunction with your then-exi sting Software . The Software and all update s and upgrad es are licen sed as a s ingle product and such upd ate s and upgrades may not be separated from the Software to exceed the scope of your o riginal licen s e. Any other software that may be pro vid ed w ith the Software that is associated with a separate end-u se r licen se agreement is licen sed to you under the terms of that separate I icense agree ment. 9. LIMITED WARRANTY . lf(a) th e Software does not sub stantially conform to its s pecifications in th e Docum entation , the phys ical media ac companying the Software is defective, or if you are di ssati sfied with the Software for any reason , and (b) if the Software (including all accompanying media, Documentation , packaging and materi a ls) is return ed by you within thirty (30) days of first receipt, then your license fe e for the Software will be refunded to you . Upon return , thi s EULA shall termin ate and you must immediately cease all use of the Software and re move and erase all copi e s of any Software from all computers and storage media and d e vices within your possession or control. At Altiris ' request, you will certify in writing to Altiris that you have complied with thi s Sect ion . In the event that the Software is license d to you for evaluation or demonstration purposes, there shall be no refund bec ause s uch licenses are free . In the event you purchase a license to the Software during or after an evaluation license for such Software, then Altiris shall have no obligation to refund any license fees paid by you for the lic e nse to th e Software (i.e., th e 30 day ev a luation period is your thirty day limited warranty period). THIS LIMITED WARRANTY SHALL NOT APPLY TO SOFTWARE UPDATES AND UPGRADES; ALL UPDATES AND UPGRADES ARE LIC ENSED "AS IS ," WITHOUT WARRANTY OF ANY KIND . I 0 . NO OTHER WARRANTIES. EXCEPT AS EXP RES SLY WARRANTED ABOVE IN SECTION 9, THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND , WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY EXPRESS WARRANTY MADE OUTSIDE OF THIS EULA IS EXCLUDED AND SUPERCEDED. ALTIRIS DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT IT JS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. Some jurisdictions do not allow certain di sclaimers and limitation of warranties, so some of these may not apply to you . 11. NON-ALTIRIS PRODUCTS . ALTIRIS DOES NOT WARRANT NON-ALTIRIS PRODUCT S. ANY SU C H PRODUCTS ARE PROVIDED ON AN "AS -IS " BASIS . ANY WARRANTY SERVICE FOR NON-AL TIRIS PRODUCTS WILL BE PROVIDED BY TH E PRODUCT MANUFACTURER IN ACCORDANCE WITH ANY APPLICABLE MANUFACTURER 'S WARRANTY . 12. EXCLUSION OF CERTAIN DAMAGES. ALTIRIS SHALL NOT IN ANY CASE BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CON S EQUENTIAL LOSS OR DAMAGE OF ANY KIND , INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REV ENUE, BUSINESS, OR DATA OR COSTS OF COVER, REGARDLESS OF THE FORM OF ACTION AND EV EN IF AL TIRIS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. Some jurisdictions do no t allow certain exclu s ion s or limitations of li a bility, so s ome of the se may not apply to you . 13 . LIMITATION OF LIABILITY. TH E AGGREGATE LIABILI TY OF AL TIRIS ARISING FROM OR RELATING TO T HIS EULA OR USE O F THE SOFTWARE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER CONTRACT, WARRANT Y, TORT AND/OR OTHERWIS E) SHALL NOT EXCEED T HE AMOUNT O F ALL LI CENSE FEE S PAID BY YOU FOR THE SOFTWARE LICENSE(S) GRANTED HEREUN DER. 14 . SOLE REM EDY AN D ALL OCATI ON OF RI SK. YOUR SOLE AND EXCLUSIVE REMEDY AND AL TIRIS ' SOLE AND EXCLUS IVE LIABILITY ARE SET FORTH IN TH IS EULA. This EULA defines a mutually agreed-upon allocation ofrisk. 15 . NOTICE. THE SOFTWARE IS NOT INTENDED OR LICENSED FOR USE IN ANY HAZARDOUS OR HIGH RISK A TIV ITY . 16 . NO SU PPORT . Except as expressly required by applicable law, noth ing in this EULA e nti tl es you to any support , main tenance or new version s of the Software. You may con tact Alt ir is to de term ine th e avai labi lity of support, mai nt enance and new versions of the Software, and the fee s, terms and conditions tha t wou ld apply . 17 . TAXES. In the eve nt that any withholding, sa le s or use taxe s or other taxes or government fee s, assessments or charges arc payable because of thi s EULA, or any licen se oft he Software, or beca use of any paym ent by you, then you s ha ll pay s uch taxes, fees , assessme nt s and c harges in addition to all other payments. HII A Gcncrnl lJ c (12300 ) ( '· I altiris· 18 . GOVERNING LAW AND ATTORNEYS' FEES. This EULA shall be governed by the laws of the state ofUtah and the United States of America without giving effect to conflict or choice of law principles, and any litigation between the parties arising under this EULA shall be conducted exclusively in Utah state courts or the federal district courts within Utah . The parties agree to exclude application of the "United Nations Convention on Contracts for the International Sale of Goods " to this EULA. If you acquired the Software in a country outside the United States then that country's local law s may apply . In any action or suit to enforce any right or remedy under this EULA or to interpret any provision of this EULA, the prevailing party will be entitled to recover its costs , including reasonable attorneys ' fees . 19 . SEVERABILITY. If any provision in this EULA is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited , or altered , as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this EULA shall remain in effect. 20 . TERM AND TERMINATION. This EULA is effective until terminated . You may terminate this EULA by uninstalling and returning the Software to Altiris along with all Documentation and original media. The licenses granted herein shall automatically terminate without notice if you fail to comply with any material provision of this EULA. In such event, you must immediately uninstall and return the Software, including all Documentation and original media, to Altiris . This shall not limit or affect any remedy available to Altiris for your breach of this EULA. 21 . U.S. GOVERNMENT END USERS. The Software is provided with Restricted Rights . Use, duplication, or disclosure by the United States Government is subject to restrictions applicable to commercial computer software as set forth in the Federal Mquisition Regulations (FAR) §52 .227-14 (Jun 1987) Alternate Ill (June 1987), FAR§ 52 .227-19 (June 1987), or DFARS § 252 .227-7013 (b )(3) (Nov 1995) or applicable successor provisions . Manufacturer is Altiris, Inc ., 588 West 400 South, Lindon , Utah 84042 . 22 . EXPORT LAWS. Regardless of any disclosure made by you to Altiris regarding an ultimate destination of the Software , you shall not export, re-export or disclose ( directly or indirectly) any Software , or any portion thereof, to any country in violation of U.S. export laws or regulations or any other law, regulation or government order . It is your responsibility to comply with the United States government requirements as they may be amended from time to time . 23. CONSTRUCTION. No rule of strict construction shall apply against or in favor of either party in the construction and interpretation of this EULA . 24 . ASSIGNMENT. You may not assign , sublicense or transfer this EULA, the Software, or any rights or obligations hereunder without prior written consent of Altiris . Any such attempted assignment, sublicense, or transfer will be null and void . Altiris may terminate this EULA in the event of any such attempted assignment, sub license , or transfer . 25 . ENTIRE AGREEMENT. This EULA sets forth the entire understanding and agreement between the parties relating to its subject matter and may be amended only in a writing signed by both parties. ANY TERMS AND CONDITIONS OF ANY PURCHASE ORD ER OR OTHER DOCUMENT SUBMIITED BY YOU IN CONNECTION WITH THE SOFTWARE THAT IS IN ADDITION TO , DIFF ERE NT FROM OR INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS EULA ARE NOT BINDING ON AL TIRIS AND ARE IN EFFE CTIVE . NO VENDOR , DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED BY AL TIRIS TO MODIFY THIS EULA OR TO MAKE ANY WARRANTY , REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN , OR IN ADDITION TO, THE WARRANTIES , REPRESENTATIONS OR PROMISES EXPRESSLY SET FORTH IN THIS EULA. Copyright (c) 1998 -2004 Altiris , Inc . All rights reserved . FlJLA ,enml Use ( 12 00 ) altiris· LICENSE TYPES The License Type purchased by you determines the license rights granted to you under this EULA . The License Type will be specified in the Fulfillment Confirmation provided to you . Evaluation License -An Evaluation License is a limited license that provides you an opportunity to try the Software before buying a full license . A temporary activation key will be issued to you for this license specifying the number of licensed nodes or concurrent users, and the evaluation period . The Software may only be used for evaluation purposes and not for commercial use. The Software is licensed to you only for the specified evaluation period , which will begin on the date that the Software is first downloaded by or delivered to you . If no period of use is specified , then your right to use the Software shall terminate thirty (30) days from receipt of the Software, at which time you must return or destroy the Software . Not for Resale Demonstration {"NFR") License -An NFR License is a special , limited evaluation license that is provided to, and solely for use by, authorized Altiris channel and OEM partners to assist in demonstrating the Software to prospective customers. Altiris reserves the right to terminate this license at any time and at its sole discretion. Additionally, in the event the partner relationship with Altiris expires or is terminated, or the partner no longer uses the license as intended , the NFR License will immediately terminate. Node License --Under the terms of a Node License, you may use the Software to manage an aggregate number of Nodes within your organization not to exceed the sum of your licensed nodal count. A "Node" is any asset under management by the Software. An asset is: (a) a physical device such as a computer, PDA, or se rver, (b) a virtual device, such as an operating environment that may be running concurrently with another operating environment on a single physical device (e.g., VMware•, Virtual PC., Virtual Server•), or (c) an object stored by the Software in a database, such object representing a physical or virtual asset for which data is being tracked or managed by the Software (e.g., printer, copier, etc.). Concurrent User License --Under the terms of a Concurrent User License, you may distribute and install internally within your organization an unrestricted number of copies of the Software, provided the number of users accessing or using the Software simultaneously does not exceed your licensed user count. Individuals solely using the "My Helpdcsk Console" or any "self-help" functionality in the Software shall not count against your licensed user count. Connector License --Under the terms of a Connector License, you may distribute and install internally within your organization an unrestricted number of copies of the Software. FULA General Use { 123003) t.oO 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session July 10, 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~~ 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn. 4. Roll Call Present: Albsent: None A quorum was present. Council Members To,.,masso, Moor Barrentin~e Oakley, M~~::~J)~ ... Woodward, Wolosyn 5 . Also present: City Manager Sears ~ ~ -• 11»v City Attorney Brotzman,,/ / ~ ~ . Deputy City Manager Flaherty ~ City Clerk Ellis ./ ~~a ~ Deputy City Clerk Bush ./ / ~: Director Olson, Safety Services / Director Gryglewicz , Finance and Administrative Services Director Fonda, Utilities V""' Economic Development Coordinator Hollingsworth, Community Development Director Eaton, Human Resources ~ Commander Sanchez, Safety Services V Director Ingle, Information Technology ~ Consideration of Minutes of Previous S~!~ioJ ,,...,-~ (a) COUNCIL MEMBER Ul..Q~~ WAS SECONDED, +er~ THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 19, 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 6 . Recognition of Scheduled Public Comment (a ) Doug Cohn will be present to discuss the Englewood Days Car Show. - 'Englewood City Council~,...., t.fJ /uc, July10,~ lt7V~ L Page 2 (!JJ 3-()SJ 5 nt.fUuotv S-, l~ The plans for the 2006 car show and celebration are coming along very well. We will have a car/truck/tractor/military vehicle show that day . Included in the activities are a sidewalk sale , booths, live mus ic and the Taste of Englewood food event. Our goal is to have a large , exciting , but low impact event to showcase our City . The Steering Committee has wo rked hard to get the parts together, now we need your help . We need your help in these areas noted in Brook Bell's notes in your packet. We need your help with the corner lot on Englewood Parkway and Broadway and the parking lot behind it. We would like to put the monster truck and tractors in that area . We want to bring people across Broadway to shop and attend the Taste . The problem we have is the pending sale to the developer. We have looked for another site as a substitution and have not identified one . The developer will not start construction until after Christmas. Please delay the closing until Monday, September 11 1 h The City will own the lots and can say yes . If not, may we have the phone number of the Centex contact person to ask permission? It seems like it would be a great opportunity for the developers to introduce the project. The notes from the City, in your packet , indicate we do not have enough room for 500 cars . We reluctantly agree and are scaling back to 300 . 300 will fit in the City , Swedish and the Mason lots . I will deliver to the City , written permission to use the other parking areas . Also , I will deliver to the City the insurance document from the Gothic with the inclusion of the City as an insured party. Additionally, here are the other areas we need your assistance with. We would like to borrow/rent the show wa on as a sta e for the live music . We need barricades and cones to restrict ra 1c into the care s ow areas . The Street Division has indicatedihey could help us . We would ljke to rent the Cherrelyn horse car for the day for use as a free shuttle bus around the shows . Public Works indicated it could be done and the cost would be $42 .00 an hour. We would like to place an insert ad in the September Citizen news , if it can be done and the price is not too high . We would pay for it. We would like you to consider closing one block of Broadway , the 3400 block, from 8:00 to 3:30 that day. There are two reasons . We are concerned about pedestrian safety during the event and last year the merchants on the west side of Broadway felt left out and want part of the show on their side of the street. An alternative would be to keep open one lane in each direction and cone off the outside lanes and have mid-block crossing guards . The Hoodlum Car Club members will provide security and ass istance durin the show . They will have specials I s o I en I y themselves . We wou I e to use o s ree anner locations for the two weeks before the event ana nave you waive the fees . We would like the antique fire truck and ambulance to return and be entered 1n the show . Ihey were both big hits last year . This would require some fire staff. The Cruise Out Parade at the end of the show will be informal and will not require any extra traffic control officers . We realize our request will cost some money and take staff time to coordinate . (a) A proclamatio n decla r ing the City of Englewood 's desire to ente r into a formal Sister City relati o nship w ith the City of Be lm , Germa ny was con si dere d. 'W COUNCIL MEMBER ~~ND IT WAS S ECONDED,;(;~ PROCLAMATION DECLARING THE CITY OF ENGLEWOOD 'S DESIRE TO ENTER INTO A FORMAL SISTER CITY RELATIONSHIP WITH THE CITY OF BELM , GERMANY. Ayes : Cou ncil Membe rs Barrentine , Mc c aslin, Moo re, Wo losyn, W ood ward , Tomasso , Oakley Na ys : None Moti on carried . (b) RESOLUTIO N NO._, SERIES OF 2006 0 A RESOLUTION RECOMMENDING ERNIE ARTERBURN FOR REAPPOINTMENT TO THE HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . l) Englewood City Council July 10, 2006 r x~ (c) RESOLUTION NO ._, SERIES OF 2006 ~ A RESOLUTION APPOINTING MARJORIE BECKER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO . (d) RESOLUTION NO. _, SERIES OF 2006 lA/) A RESOLUTION REAPPOINTING ERIC BERTOLUZZI TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . ifJ!;S'itt/7 (e) RESOLUTION NO ._, SERIES OF 2006 A RESOLUTION REAPPOINTING BRIAN BLEILE TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO. fty}?;EtJ I (f) RESOLUTION NO . _, SERIES OF 2006 1\0 /1 A RESOLUTION APPOINTING BRETT EAST TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE ) \ CITY OF ENGLEWOOD, COLORADO. ./tf;? S'i!-J 1 (g) RESOLUT ION NO ._, SERIES OF 2006 \5 A RESOLUTION APPOINTING ERIK FOSTER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE '\ FOR THE CITY OF ENGLEWOOD , COLORADO. (h) RESOLUTION NO ._, SERIES OF 2006 fl 0 A RESOLUTION APPOINTING ERIK FOSTER TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY I\ f\ FOR THE CITY OF ENGLEWOOD, COLORADO. '{ (i) A resolution reappointing Dooley Gehr to the Code Enforcement Advisory Comm ittee was /) ~ considered . RESOLUTION NO . • SERIES OF 2006 A RESOLUTION REAPPOINTING DOOLEY GEHR TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . 0) RE SO LUTI ON NO ._. S E RI ES OF 2006 ~ i A RESOLUTION REAPPOINTING DEBORAH GUINTHER TO THE ALLIANCE FOR COMMERCE IN IY t) ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO/ (k) RESOL UTION NO ._. SE RI ES OF 2006 A R ESOLUT ION R EAPPOIN T IN G C HRIS HOAGLAN D TO THE CODE EN FOR CEM ENT A DVIS ORY C OMMITTEE FOR T H E CITY OF E NGLEWOOD , COLORADO . ~5~ ( (I) RESO L UT ION N O ._, SERIES OF 2006 A RESOLUTION R EA P POI NTI NG REBECCA LAUGHLIN AS A YOUTH MEMBER OF THE PARKS AND RECREATION COM MISSION FOR THE CITY OF E NGLEWOOD , COLORADO . (m) RESOLUTION NO ._. SERIES OF 2006 Englewood City Council July 10, 2006 Page4 A RESOLUTION REAPPOINTING R. L. LUNDERS TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . ~z}J1 (n) RESOLUTION NO . _, SERIES OF 2006 A RESOLUTION REAPPOINTING JANET MOORE TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO. '(tt;?) ~J (o) RESOLUTION NO ._, SERIES OF 2006 /\0 A RESOLUTION REAPPOINTING KRISTA NIEDERJOHN AS A YOUTH MEMBER OF THE PARKS AND /') L RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . ~ / (p) RESOLUTION NO ._, SERIES OF 2006 /YI ( !"I A RESOLUTION REAPPOINTING BRIAN VERBECK TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD f l I 'f (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None io' 9 . ConsentAgenda w fuJJM w COUNCIL MEMBER woo~VED, AND IT WAS SECONDED, TO APP~bVEVCO~SENT AGENDA ITEMS 9 (a) (i) and 9 (b) (i). & --0 /) A01IYl V cl (a) Approval of Ordinances on First Reading v~, I - (i) COUNCIL BILL NO. 26, INTRODUCED BY COUNCIL MEMBER __ A BILL FOR AN ORDINANCE GRANTING A UTILITY EASEMENT TO QWEST TELECOMMUNICATIONS CORPORATION (QWEST) FOR INSTALLATION OF A BURIED TELEPHONE SERVICE AT 2900 SOUTH PLATTE RIVER DRIVE (LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT) AND 2800 SOUTH PLATTE RIVER DRIVE (ENGLEWOOD SERVICENTER). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO ._, SERIES OF 2006 (COUNCIL BILL NO . 7, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING ENTERING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE SOUTH ARAPAHOE SANITATION DISTRICT, SOUTHGATE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD PERTAINING TO REIMBURSEMENT OF OVER CHARGED SANITATION FEES BY SOUTH ARAPAHOE SANITATION DISTRICT TO THE SOUTHGATE SANITATION DISTRICT CUSTOMERS . Vote results : Mot ion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays: None (c) Resolutions and Motions \ Englewood City Council July 10, 2006 Page 5 There were no additional resolutions or motions submitted for approval. (See Agenda Item 11.) 10 . Public Hearing Items (a) Mayor Wolosyn said this is a Public Hearing to review and determine sufficiency of the petition (and signatures) requesting formation of the South Broadway Englewood Business Improvement District, determine if the allegations of the organization petition are true, and determine whether the types of services or improvements to be provided by the proposed district are those services or improvements which best satisfy the purposes as set forth in Colorado wd Statutes, Section 31-25, Part 12 . z,.._j COUNCIL MEMBER ~VED, AND IT WAS SECONDED ,%-~c HEARING TO REVIEW AND DETERMINE SUFFICIENCY OF THE PETITION (AND SIGNATURES) REQUESTING FORMATION OF THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT, DETERMINE IF THE ALLEGATIONS OF THE ORGANIZATION PETITION ARE TRUE, AND DETERMINE WHETHER THE TYPES OF SERVICES OR IMPROVEMENTS TO BE PROVIDED BY THE PROPOSED DISTRICT ARE THOSE SERVICES OR IMPROVEMENTS WHICH BEST SATISFY THE PURPOSES AS SET FORTH IN COLORADO REVISED STATUTES, SECTION 31-25, PART 12. b----D app1 V cL Vote results: Ayes: Council Members Barrent ine , Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None Motion carried and the public hearing opened . All witnesses were duly sworn . is 1 Economic Development Coordinator Hollingsworth said Mayor Wolosyn asked if there was anyone else who wanted to speak during the Public Hearing . Tt:lere i.At.i&.no_ 113'7 Arm. -r61) v /'Q11_,ks t:H1"7 s ~ '1 10?-.\ Torn ~u..~s 1, '1t'layor Wolosyn asked if Council had any more questions for . There were none . COUNCIL MEMBE~efE~~1YAs SECO~~ THE~LIC HEARING TO b -0 \\~i REVIEW AND DETERMINE SUFFICIENCY OF THE PETITION (AND SIGNATURES) REQUESTING Cl,pfJ J FORMATION OF THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT, DETERMINE IF THE ALLEGATIONS OF THE ORGANIZATION PETITION ARE TRUE , AND DETERMINE WHETHER THE TYPES OF SERVICES OR IMPROVEMENTS TO BE PROVIDED BY THE PROPOSED DISTRICT ARE THOSE SERVICES OR IMPROVEMENTS WHICH BEST SATISFY THE PURPOSES AS SET FORTH IN COLORADO REVISED STATUTES, SECTION 31-25, PART 12 . PLANNED UNIT DEVELOPMENT. Vote results : Ayes : Council Members Barrentine, Mccasl in, Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : Non e Motion carried and the public hearing closed . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading ) Englewood City Council July 10, 2006 Page6 (i) Director Fonda presented a recommendation from the Englewood Supervisory Committee to approve a Bill for an Ordinance authorizing an Intergovernmental Agreement with the U.S. Environmental Protection Agency for the issuance of the Fiscal Year 2006 and subsequent years 2007 and 2008 State and Tribal Assistance Grants for the Phase 2 Expansion Project. · \ r.ouNCIL MEMBER@_~ AND IT WAS SECONDETttf~,ro~E AGM ITEM 11 (a) (i) -. ~ j '{VD1eouNc1LB1LLNo.2s. h---O ~o~ COUNCIL BILL NO . 25, INTRODUCED BY COUNCIL MEMBER __ _ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNTIED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) AND THE CITY OF ENGLEWOOD, COLORADO, FOR THE ISSUANCE OF FISCAL YEARS 2006, 2007 AND 2008 STATE AND TRIBAL ASSISTANCE GRANTS (STAG) FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PHASE 2 EXPANSION PROJECT. Vote results: Motion carried. (b) Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None 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 (i) Director Eaton presented a recommendation from the Human Resources Department to /)QJ. ~ adopt a Resolution to approve the Collective Bargaining Agreement between the Englewood Police Benefit \ f, D Association and the City of Englewood for the years 2007 and 2008. z,._J '1\~ COUNCIL MEMBER1b~D IT WAS SECONDED, TO AP/;.~DA ITEM 11 (c) (i) - \ '.I RESOLUTION NO._. &--Q ~VJ 1)2,,'"v RESOLUTION NO ._, SERIES OF 2006 A RESOLUTION AUTHORIZING THE PROVISIONS OF THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE YEARS 2007-2008 . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn, Woodward , Tomasso, Oakley Nays : None (ii) Director Eaton presented a recommendation from the Human Resources Department to adopt a Resolution to approve the Collective Barga ining Agreement between the Englewood Fire Fighters Association and the City of Englewood for the years 2007 and 2008 . ~, ,,/ , , r: J . _J /( nM 11 N'YD UJ I) w,u;"tJ./t.(,11. l, ~ .... .(:<;" COUNCIL MEMBER ibbVl:D, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (c) (II) - \ ~ RESOLUTION NO.-· h--o rf.f'IX v d RESOLUTION NO ._, SERIES OF 2006 Englewood City Council July 10, 2006 Page7 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO . 1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 2007 AND 2008. Vote results: Motion carried. Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None \ % (iii) \ -:,i~ommander Sanchez presented a recommendation from the Safety Services Department to adopt a Resolution affirming the City of Englewood's compliance with recen~ ado~ted State legislation entitled "Immigration ~;a~u.A-Cooperation with Federal Officials ." ~ t;,(M q O , ffl~ COUNCIL MEMBER@..br1W~~ND IT WAS SECONDED, ;[R~ ~DA ITEM 11 (c) (iv) - t"lv RESOLUTION NO._. h---o ~VJ RESOLUTION NO. _, SERIES OF 2006 A RESOLUTION PROVIDING NOTICE TO PEACE OFFICERS OF THE DUTY TO COOPERATE WITH STATE AND FEDERAL OFFICIALS IN THE ENFORCEMENT OF STATE AND FEDERAL LAWS REGARDING IMMIGRATION . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn , Woodward, Tomasso, Oakley Nays : None \ L\S60 Director Ingle presented a Recommendation from the Department of Information Technology to approve, by Motion, an integrated Procurement Agreement with Altiris, Inc. for the ~d ~entation of a Help Desk, Inventory and Network Client Management software application . --- -of $65,000 have been budgeted for this purpose. ? ... ,,/ COUNCIL MEMBE~ ~ND IT WAS SECONDED, TO AP~~A rfEPX'11 (c) (iii) -AN INTEGRATED PROCUREMENT AGREEMENT WITH AL TIRIS, INC. FOR THE PURCHASE AND IMPLEMENTATION OF A HELP DESK, INVENTORY AND NETWORK CLIENT MANAGEMENT SOFTWARE - OF $65,000 HAVE BEEN BUDGETED FOR THIS PURPOSE . Vote results : (p-0 If J, Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , ~ Ayes : Tomasso, Oakley Nays : None Motion carried . General Discussion (a) Mayor's Choice (b) (i) Council Member , Englewood City Council / .U £2,t/'l,,UJ July 10, 200& ') 4-t ( -!)Jo O ~ ,..__ r ------ Page 8 o-,Li~ .,JL-., . ~~r;:~u :;).~0 (ii) Council Member (Y) (!,,~lv,,.._, .- -z._..'1...(o lo (iii) Council Member {}\..ob<{'.,.., -M~ -z., '"2.-~ 7 (iv) Council Member ~ , µ+J..-( ~ -z:i~ g (v) Council Member Lt>'Y~ .. ,-:).·'1-'°0 M~ , / IA~ ~<SV\.. 7//j"' ~ah;{,'~ 2/l-fR7 (vi) Council Member WD ~CVld · ---0 ff()U~~ ~hi ~~ 13 . City Manager's Report &b 5-pt:<.M -tt ~IA/1/.),.L., -·1. ' .L!>IP fffl/AAL-(fk..... w.~-01$0>1 ~T ~'1 City Manager Sears 0 ~!,}f ;;;;~~io:!et: Ce~-/ #A~ --; /i ~ ~ 14 . City Attorney's Report t::'\ "ttm ~ -to JI.A.-f)~ f)a.,-i; a ~ '!i" \2:/ €1 n..Q..-,.z..UA-<. ::> (JA. r 6"\ oLo tJ../tk., (a) City Attorney Brotzman ...... Settlement: Talent, Richard v. City. l;:/ ~ . ~ ,r '?.?-.\1 couNCIL MEMBER!D~~~No 1T wAs sEQ[tM~ho APPROVE sE -~~E~T OF T.:;NT, P~ J.,/ RICHARD V. CITY. lo ....-o ~ ~ <td'f /1r1J.jJ e:hf ~ Vote results: © CC--tltfu..l..S -J1;1~ Ayes : Council Members Barrentine , Mccaslin , Moore , Wolo ~oodwari. Tomasso, Oakley wffaklb; <" /J1.JUA--• Nays : None fr;,,;I--fl\Q f?'.. ~ S Motion carr ied . ~(f-d 15 . Adjournment MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned . q ,l)~.m. City Clerk °'~- !'$/--~ g5{-~ + l~'<-(;)ff#D~ -~ (g/~C/) -~~ ~ /~~~/!Jl&; !11~, cf) --~ - ')JI~~ ~ AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, July 10, 2006 7:30 p.m. Engle w ood Ci v ic Center -Council Chamb ers 1000 Engle wood Park w ay Engle w ood, CO 80110 1. Call to order.f; ~ 2 . 3. Pledge of Allegiance. 4. RollCall. ft~//~(~) 5. Considerati o n of Minutes of Pre v ious Ses sion. m :0 Minutes fr om the Regula, City Coundl meeting of June 19, 2006. ~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .) ~,-a. Dou g Co hn w ill b e present to discuss the Engle w ood Da ys Car Sh ow. 7. Recognitio n of U nsc hedul ed Publi c C o mment. (Please limit your pr ese ntation to fi v e minutes. Tim ~ fo r un sc hedul ed p~blic ~omm ent ma y b e limited t~~J~ if limited shall b e ..-. _. J coa_t'.;nt2>2n~,~fcr s~,tL;K ~AIM!OIJ ?!-: 1ff) t/;t:;.; l-~ -f!M Yr(1'.U ,B oM, .J-,44yc1 r;. -U I!.. 8/oaJ 1munica tions, Proclamations, and Appointmen ts. /Y ..111:::J.d ~a.-o Proclamation declaring the City of Eng lewood's desire t o enter in t a formal Sis t "',Vt I{ ' relationship wi th the City of Be lm Germany. _ ~ !J (J-_. -f> / -UW2"5t ;' t:::1-b . A reso lutii n recommending Ernie Ar terburn for reappointment to the Englewood ~ Housing Authority. A resolu tion appointing Marjorie B cker to the Code Enforcemen t Ad isory Commi tt ee. A r olution reappointing Eri c B rtoluzzi to the Cultural Arts Commi sion . - Englewood City Coun c il Agenda July 1 0 , 2006 Pag e 2 ~ .. ~fbf. ~~g. ~~h. ~SCLi. /lAei ff}__ j . /dJoJr JL. k. , ~JJ{f;L I. -~~3 m. ;1r;//-~n. RM~JZ: A resolution reappointing Br ian Bleil e to the Code Enfor c ement Ad v iso ry Co mmittee. A resolution appointing Br ett East to the Keep Englewood Beautiful Commission . A resolution appointing Erik Foster to the Code Enforcement Adv iso ry Committee. A resolut ion appointing Erik Foster to the Liquor Licensing Authority. A resolution reappo inting Dooley Gehr to the Code Enforcement Ad v iso ry Committee. A resolution reappointing Deborah Guinther to th e Alliance for Commerce in Englewood. A resolution reappointing Chris Hoagland to the Code Enforcement Ad v isory Committee. A resolution reappointing Re,becca Laughlin as a Youth Member to the Parks and Recreation Commission . A resolution reappointing Ron Lunders to th e Liquor Li c ensing Authority. A resoluti o n r eapp o inting Janet Moore to th e C u ltural Arts Commission . A resolution reapp o inting Krista Ni ederj o hn as a Youth M ember t o the Park s and Rec rea tion Comm ission . A resolution reappointing Brian Verbec k to th e All ian c e for Comm erce in En gle w ood. {?JJffel-J!t_ p. dul°!,;',trd a Ite ms.~ ~ ~ 1' -rr ~-Approva l of Or~in ances o n First Rea d ing. i. Counc il Bill No , 26 -Recommenda t ion from t h e Li ttl eton/Eng lewood Was t ewat er Treatment Plant Supervisory Committee to adopt a Bill for an Ordinance granting a utility easement to Qwest Telecommunications Corporation for the installation of a new buried telephone service at 2900 South Platte River Drive (L/E WWfP) and .'.!800 South Platte River Drive (Englewood Servicenter). STAFF SOURCE : Stewart H. Fonda , Dire ct or of Utilit ies, and Mark Van No strand , Senior Pro ject E • • ngmeer. b. Approva l of Ordinances on Second Reading. Council Bill No. 7, authorizing entering an Intergovernmental Agreement between the South Arapahoe Sanitation District, Southgate Sanitation District, and the City of Englewood pertaining to reimbursement of overcharged sanitation fees by South Arapahoe Sanitation District to the Southgate Sanitation Distri c t Customers. Englewood City Council Agenda Jul y 1 0 , 2006 Page 3 10. 11 . C. a. Public Hearing to review and determine sufficiency of the petition (and signatures) requesting formation of the South Broadway Englewood Business Improv ement District, determine if the allegations of the organization petition are true, and determine whether the types of services or improv ements to be provided by the proposed district are those services or improvements which best satisfy the pur. oses as s t forth in Colorado r/pi~m, Section 31-2 5, Part 12. :mA ~ -/!~'? Ordinances, Resolutions and Moefons. a. Approval of Ordinances on First Reading . , 1!)~ Council Bill No. 25 · Recommendation from the Little Englewood Supervisory b . C. Agreement with the U.S. En v ironmental Protection Agenc y for the issuance of the F~cal Year 2006 and subsequent y ears 200 7 and 2008 State and Tribal Assistance Grants for the Phas e 2 i ~p~sionf~<?j~t.,. STAFF SOURCE : Stewart H. Fonda , Utilities Director. V0"7£tU~~ A~of Ordinances on Se cond Reading. Resolutions and Motions. 1'l.~ ~ Rec ommendation fr om the Human Resour ce s D epa rtm e nt to adopt a Resolutio n ~ P~ to approv e the Coll ecti v e Bar gaining Agr eement b etwee n the Engle w ood Poli c e jJ_ ~/~nefi t As socia tion and th e C ity of Engl ewood fo r th e yea rs 2 00 7 and 2~.-i _-rif'\ ~ ~ r sf AFF SOURCE: Sue Eaton, Director Human Resources Departme~ ~~ ~ecommendation from the Human Resources Department to adopt a Resolution to approve the Collecti ve Bargaining Agreement between the Englewood Fire Fighters Association and the City of Englewood for the yea rs 2007 and 2%. ,./ ~ A"77"1 ~ AFF SO U RCE: Sue Eaton, Director H uma n Resources Departmentl,# y~ iii. Re co mmendation from the Safety Servic~ Department to adopt a Resolution ,j/:. affirming the City of Englewood's compliance with recently adopted State 1f:-/ /) / . . Asislation entitled "Immigration Status -Cooperation with Federal Officials." ~ 7 ~TAFF SO U RCE: Co mm and er Jeff Sa nchez, D epa rtm ent of Safe t Se rv ic s. IYff Pl J . Englewood City Council Agenda July 10, 2006 Page 4 iv. Recommendation from the Department of Information Technology to approve, by Motion, an integrated Procurement Agreement with Altiris , Inc. for the purchase and implementation of a Hel'p Desk, Inventory and Network Client Management J'-4) software application. Funds in the amount of $65,000 have been budgeted for l.0-\...../ this purpose. STAFF SOURCE: Don Ingle, Information Technology Direct~~ 12. General Discussion. a. Mayor's Choice. • b. Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. ~~LJfttlement: Talent, Richard v. City~ l~J{nment /;~y The following minutes were transmitted to City Council in June 2006. • Board of Adjustment and Appeals meeting of May 10, 2006. • Code Enforcement Advisory Committee meeting of April 19, 2006. • Cultural Arts Commission meeting of May 3 , 2006. • Liquor Licensing Authority Telephone Poll minutes of April 18, May 17, and June 7, 2006. • Parks and Recreation Commission meeting of May 11, 2006. • Planning and Zoning Commission meeting of April 18, 2006. • Public Library Board meeting of May 9, 2006 . • Transportation Advisory Committee meeting of May 11 , 2006 . Pl ea notify the City of Englewood ded . Thank you . 4. Roll call and ---=(L1r--_present 5 . COUNCIL • M eting working notes Members : Tomasso ~ Moore _.... A.,. Barrentine ~ Oakley v Mccaslin ~ Woodward v Mayor Wolosyn _ ___._/ __ absent ~