HomeMy WebLinkAbout2005-04-18 (Regular) Meeting Agenda Packet.I
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Regular City Council Meeting
April 18, 2005
Ordinance II -r<: yf. 15, 16, 17, 18, 19
Resolution II 44, 45, 46, 47, 48, 49, 50, 51, 52, 53
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I. CaleeOnler
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
April 18, 2005
The regular mectina o f the Englewood City Council was called to order by Mayor Garrett at 7 :35 p .m.
2 .
The invocation was given by Council Member Barrentine .
3. Pledae ol AlkplKe
The Pledge of Allegiance was led by Mayor Garrett .
4. Roll Call
Present:
Absent :
A qllOfUm was present.
Also present
Council Members Tomasso. Moore, Barrentine, Garrett, Bradshaw,
Wolosyn, Woodward
None
Assistant City Manager Aaherty
City Attorney Brotzman
City Clerk Ellis
Records Management Clerk Kelly, Finance & Administrative Services
Director Olson. Safety Services
Battalion Chief Petau, Safely Services
Police Lieutenant Sanchez, Safety Services
Housing Finance Specialist Grimmett. Community Development
Director Fonda, Utilities
Director Simpson. Community Development
S. Consideration or M lnutes of Previous Session
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 4, 2005,
Mayor Garrett asked if th ere we re correcti ons or c ha nges.
Counc il Me mber Woodward said I have o ne change o n page 9, lhe last sentence ... ''the Task Force voted 4 to 6", I
be li eve that sho uld ha ve been "4 to 2". If I sa id "4 to 6" I apologize.
Counc il Me mber Bradshaw sai d th at's ri ght .
Counc il. by conse nsus. acce pted the c hange.
Vote results:
Ayes:
Nays :
Abstai n:
Counci l Me mbers Barrent ine . Bradsha w, Garrett , W o losyn .
Woodward , T omasso
No ne
Council Member Moore
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Englewood City Council
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Motion carried and the minutes were approved as corrected.
6. Recognition of Scheduled Publk Comment
There were no scheduled visitors.
7. Recognition of Unsc:heduled Pubic Co-Ill
(a) Gerald West, 2890 South Qaden. said I am back about the same thins ... the concrc1e . You asked
those guys to negotiate with me ... he came out 10 the house and he dicllllcd. he told me what I was l(lin1 IO do ... no
negotiation. He said he won't negotiate. The house down on the comer of Corona and Balcs ... Harry ~. he
threatened him the same way he threatened me. by licnina the property. suin1 and then doina some work and lhcn
sending it down for Arapahoe County 10 collect it on the taus. Harry had that done ... he paid. and I wa• every one
of you to come down there and take a look 11 the new concre&c . There has only been one snow IIOffll since. Tab a
look at the gouges in there. That is what I'm talking aboul . Why hould the individuals in Enalcwood have IO pey
for these operators that tear it up? That' the employer' responsibility. isn't it? Then. my ncipl,or IIUd mc ... hc
said what kind of scam is Englewood got l(lina. and I said. what do you -John'! .lolln said well I called down
there, I wanted to get a legitimaie contractor. one that is licensed. bonded and everythins, by lhc S.. of Colorado.
to come out and repair my drain. because when he drives OUI, that dni111 in hi driveway and Iliac• ~ OUl if
he hits that. He talked to Larry Nimmo and Larry Nimmo wouldn'11ive him the name or a COlllnlCtor ... said he had
to do it. .. it had to come through Larry Nimmo. He had to do the buildin1 and everythina. Now 1r you have been in
construction ... that is just a nest for kickbacks and gratuitic • wha&cver you wa•. And that is exactly 'Whal it is. And
I think it is about time 10 stan lookin1 11 some or the employees here in Enalcwood ... ..,ai• this 11raipee-i oua.
because I don't think the individual re ident here should pay for the lousy wort thal I beina done. Tila& is what I've
got 10 say.
Mayor Garrell said thank you very much.
Mayor Garrell said to Assistant Cuy Manaaer Flaheny. if you could check on which Cllllployee -IO speat widl
Mr. West. check that corner and then SCI b•ck to c-11. we would appreciMe it.
In response 10 Council Member Bradshaw . Mr . Wesi saad llley pu1 the new cOIICJ:Clr 10 11 the IOlllhwes& ~ or
Bates and Corona . The drain is on Qaden trttt.
8. CownkatloM.Prw.......__.AH•hS •
(a) A proclamauo n de,;lanna the -.eek of May I dvoup May 8. 200S O.ys o r Remellll,rancc in
memory o f the vic um o f the Holoc-was Oft$1dered.
CO NCIL MEMBER BRA OSHA W MO\'f.D, AND IT W OED. TO APl'IIO\'I A
PROCLAMATION DECLARING THE UK Of Y I THIIOUGH MAY I. JN9 DAYS Of
REMEMBRANCE IN MEMORY Of TH \'ICTI Of THI HOLOCAUST.
Ma)or Garr u ~ed ,f 1herc -.a any d , i&IOII. T here,. none
\lot~ rtlUhs:
)C C'.-11 1111,cn Banetil1•. Moore , Bndlllaw, Gama. Wok.ya.
W oodlo ilrd. T
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Englewood City CouncU
April 18, 2005
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COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 9 (b) (I) and (II).
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO. 13, SERIES OF 2005 (COUNCIL BILL NO. 8, INTRODUCED BY
COUNCIL MEMBER BRADSHAW)
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF THREE
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2005 BETWEEN THE
ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO.
(ii) ORDINANCE NO. 14, SERIES OF 2005 (COUNCIL BILL NO. 9. INTRODUCED BY
COUNCIL MEMBER BRADSHAW)
AN ORDINANCE APPROVING A TEMPORARY CONSTRUCTION EASEMENT AND A CITY DITCH
CROSSING LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO, AND
MICHAEL P. DRYER FOR THE INSTALLATION OF A FENCE ENCROACHING INTO THE CITY OF
ENGLEWOOD'S EASEMENT AT 4901 SOUTH LIPAN DRIVE .
Vote results:
Ayes: Council Members Barrcnunc . MooR. Bradshaw. Garren , Wolosyn.
Woodward, Tomasso
Nays : None
Motion carried.
(c) Resolutions and Motions
There were no additional resolutions or motions 5Ubmincd for appo ... al . (Sec Aacnda hem 11 .)
10. Public Hearing Items
No public hearing was scheduled before Council.
11 . Ordinances, Resolution ud Modea
(a) Approval o f Ord,nanc~ on F1m Radin&
(i) Housing pecmh Gnmmca prCieftlCd a m:ommcnda1ion from the Community
Development Department 10 approve a 8111 fo, an Onltnancc aulhonzin& the execution of an Intergovernmental
Agreement with Arapahoe Commuru1y Collcac fo, thc Alea Career and Technical School for the school year ·
2005/2006 lo construct a singlc-fam1I ~nee at 2 50 Soulh Zuni Slrffl.
Coun c il Member Brad shaw asked "'hi.h loc I tlll ., M Gnmmctt said this is going to be one of the two newly
c reated lots that arc 10 the north of the Ulill"I le of thc propcny and it is p>ing to be the more northern of the two
lots ... that address is 2350 and the other loc 23(,0. ..,!heh we wtll do the following year. So we arc requesting that
Council enter int o another asr«mm1 ,o •e ('lVI ulend our partnership with Arapahoe Community College and their
Building Trades Program to ha,c anochcr le fur them IO be able to build bcgiMing with this next school
yea r ... start ing ro ughl y ,n Aua~mbcr _ and then complctina by next May 2006. for a site that we will
build there . 11 will, 1yp1 all • ~ • nsle :am1I home ht.c "'e have done in the past . We already have a design that
has been picked out and "'C c .,. v t.1n "" 1n:alwn1 that design now.
Council Member Brad.>ha"' \;lid lhne "' qunlKlll u to .,.here the designs come from ... now that's also a hiah
school tudcnt I Gnmmett wiJ eu..11) T1ad1taonally there I another class that I believe is oot of their
arch11ec1unl dra101ftl •Ill on the number of students that arc in that class, they arc aiven the project
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Englewood City Council
April 18, 200S
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of developing a home that roughly meets our parameters of 1200 to 1400 square feet, three bedroom, two bath with
a two-car garage. And then they design this on their own ... creating their own floor plans . Then there is a review
that is held by Steve Ozburn of our staff, plus Sherri Wylie who is the general contractor that we hire on the site,
plus a couple of other teachers. They review those plans and then one is selected as the winner. Then we bring all
the plans back Lo our dcparlrnent and the staff in Community Development also reviews those plans to concur or Lo
request changes and modifications in the plans before they arc finalized. But so far we've usually approved the
winning floor plan . So it should be nice . They arc all unique . They arc all different. The students get a great
opportunity to see their original designs built . So hopefully, it also sends them on to a budding architectural career.
Council Member Bradshaw said thank you for answering that.
Mayor Garrett asked if there were any other questions for Ms. Grimmett . There were none.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (I)· COUNCIL BILL NO. 10.
COUNCIL BILL NO. IO, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
ARAPAHOE COMMUNITY COLLEGFJAREA CAREER AND TECHNICAL SCHOOL AND THE CITY OF
ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2350 SOUTH
ZUNI STREET, ENGLEWOOD, COLORADO.
Mayor Garrett asked if there was any discussion. There was none.
Vote results:
Motion carried .
Ayes:
Nays :
Council Members Barrentine. Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
(ii) Housing Specialist Grimmett presented a recommendation from the Community
Development Department to approve a bill for an ordinance authorizing the sale of 2377 West Wesley Avenue in
Englewood. Ms. Grimmett said 2377 West Wesley is the project that wc are completing this year, so wc are
requesti ng Council's authorization so we can sell that property and be able to market it and then wc can return the
funds back into our Fund 46 and begin construction of next years project .
Council Member Bradshaw sai d what price range ... do you have any idea? Ms. Grimmett said I am still working on
trying to find out exactly what our total costs are going to be. There are still some expenses that we have, but it will
probably be somewhere in the 225 to 250 thousand dollar range .. .I am guessing. That should cover our costs and
probably would be around the top of the market for that neighborhood for a new home .
Coun cil Member Bradshaw said it is an outstanding home. If you haven't had a chance, drive up to Zuni, take a
right on Wesley and it is the seco nd house o n the north side. It is outstanding.
Ms . Grimmell said we will also be hosting an Open House, which you should all receive invitations to . The students
will be doing an open house. I believe it is May 11"' in the afternoon where they will traditionally have their
familie s co me and e veryone will be invited to tour the final completed home ... so. a couple more weeks.
Mayor Garren said I want to concur with Bev. For a smaller house, it is quite unique. It is really remarkable what
those stude nt s have done.
Ms. Grimmen said that too was a student drawn floor plan .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (II). COUNCIL BILL NO. 11.
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Enclewood City CouncU
April 18, 2005
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COUNCIL BILL NO. 11, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 2377
WEST WESLEY A VENUE PURSUANT TO THE lNTERGOVERNMENT AL AGREEMENT BETWEEN THE
CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL
SCHOOL.
Mayor Garrett asked if there was any discussion. There was none .
Voteraulta:
Motion carried.
Ayes :
Nays:
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
(iii) Director Fonda presented a recommendation from the Utilities Department to approve the
lniergovemmental Agn:cment (IGA) betw.::::: :!::! City of Englewood and the Arapahoe County School District No .
I for the MS4 Stormwaier Permit. Mr. Fonda said the City of Englewood has to have an MS4 Stormwatcr Permit
covering all of its boundaries and the School District also has to have one, but if we take them under our permit. that
really helps them out in that they don't have to go through all of the things that you have to go through in setting up
conditions of the permit. Some of the things that are required under our permit. .. the school district can help us with,
so we reached this intergovernmental agn:cment whereby we will be the perminee and they will, within their district
boundaries, be responsible for what they have to do as far as stormwater requirements, but they will be able to come
under our permit and not have to deal directly with the State.
Mayor Garrett asked if there were any questions for Mr. Fonda. There were none.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (ill) -COUNCIL BILL NO. 12.
COUNCIL BILL NO. 12, INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF ENGLEWOOD, COLORADO AND ARAPAHOE COUNTY SCHOOL DISTRICT NO. I FOR A MS4
STORMWATER PERMIT.
Mayor Garrett asked if there was any discussion . There was none.
Vote results:
Motion carried .
Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wol05yn,
Woodward, Tomasso
Nays : None
(b) Approval of Ordinances on Second Reading
There were no addi1ior.al items submitted for approval on second reading. (See Agenda Item 9 -Consent A,enda.)
(c) Resolutions and Motions
(i) Director Simpson presented a recommendation from the Community Developmmt
Department to approve, by motion, two contracts for professional services with Developmmt ~ PartMn IO
I) analyze primary jobs and business clusters , and 2) analyze the retail IOClor in Enatewood. The propoeed COftll'ICU
are in the amount of $69,900.00. He said the information preacnted to you U>nipa has beea diacuued with you in
Study Sess ion on March 14• and, appropriately . we also had ii forwarded to lhe ACE Comminee for review on
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Englewood City Council
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April 7"'. In that Committee, it was reviewed and supported to proceed with the work. The bollom line on this is
that, consistent with the Economic Development Strategy that was passed earlier this year, there is a whole series of
action and work tasks that need to be completed. Probably the primary task of Economic Development today, and
one of the most important tasks, is provision of information. The goal of these two contracts is to help improve the
ability for Englewood to respond to the business and development community. First in the retail sector, which, as
you know, is most important to provision of services in this community, we are going to be taking a strong look at
those business areas where we are missing retail businesses and seeing if we can figure out ways to heller meet those
missing voids ... for example, women's soft goods retailers. That would be an area where there is an obvious need in
our local economy. Two, is the business industry clusters. This is an important area because. from our standpoint,
trying to figure out areas where business to business industries can be greater supported increases jobs and increases
the ability for those people to be able to spend money, either through business or in their households in this
community. An example in this area ... when the Sports Authority moved into this community we were able to start
seeing other employers, vendors of Sports Authority like Niki, Adidas, all moving in . We also see other areas
where there is an important business to business sector going on and that is in the medical community. And, we saw
some of that occurring when we saw the opening of the Elati medical facility earlier this year. So, those are the kind
of areas that we are looking to try to figure out more industry clusters and try to work towards moving towards
gelling that going. I think that Economic Development really is a business of value added. Our job is to provide
value added services to the businesses and if we are able to go out and do the work for them, that makes their
decisions much quicker and much more effective. So , I am requesting that you approve these two contracts.
Mayo r Garrett asked if there were any questions for Mr. Simpson. There were none.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (c) (I) • TWO CONTRACTS FOR PROFESSIONAL SERVICES WITH DEVELOPMENT RESEARCH
PARTNERS TO 1) ANALYZE PRIMARY JOBS AND BUSINESS CLUSTERS, AND 2) ANALYZE THE
RETAIL SECTOR IN ENGLEWOOD IN THE AMOUNT OF $69,900.00.
Motion carried.
Ayes: Council Members Barrentine, Moore, Bradshaw, Garrell, Wolosyn,
Woodward, Tomasso
Nays: None
12 . General Discussion
(a) Mayor's Choice
Mayor Garrett did not have any matters to bring before Council.
(b) Council Member · Choice
(i) Council Member Barrentine:
l . She said I wanted to follow up on the Community Development piece, but I wanted to congratulate the
Kallas brothers for their purchase of the property that Fratclli's used to have. Their pl"OjlCrty has been open for a
long time. They are o ne of the top four or five, depending on what review you read, restaurants in Colorado for
either the category of steakhouse or 5280 did a suburban restaurant . his nice to have that kind of energy and
investment here in Englewood and for them to take on that property is really exciting. They arc looking at opening.
hopefull y. in August. They have already come and are starting the process for their liquor license . I'm sure we will
be getting a report o n how you are working with them and what kind of assistance you are giving them. So wc can
turn what truly is a blighted area into something that is productive and viable again . So congratulations go out to
them again . They have taken o n a lo t of work with that property.
2 . She said I also wanted to thank the Code Enforccmen1 Board for their hard work and in comina to City
Council and prescn1ing their unanimous decision to request a moratonum on the trailer section of the inoperable
ve hicle. It was said that "e were going to be studying that at the next Study Sn tOn. I asswnc that wc will put
.omethmg on for the next Cny Council meeting . .o then "c can have some input or liOfllC decisions will be made on
"'her her we arc go, ng 10 proceed wtth th a1
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Englewood City Coundl
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3 . She said I wanted 10 thank some City staff that have been working with Positively Englewood . We had a
meeting on a Thursday and on the next day we were able to have a meeting and put together all the necessary
process . That allowed us to go ahead and open a bank account and work with the City on the fund raising project
that we arc doing to establish a scholarship program for the Recreation Center, so that youth 18 and under can go
ahead and access our wonderful Parks and Recreation Department and programs. Steve Dazzio, with accounting,
did a wonderful job and of course, Jerrell Black, Gary Hultberg and Bob Spada. I just wanted to say thank you and
they worked very well with Positively Englewood's treasurer ... Anna Marie. I also wanted to say that we are
looking to do another smaller vrojcct and I want to thank Jon Cook for taking the time to explore getting a bicycle
donated so that we could go ahead and do some program with the July 4 111 festivities in Belleview Park. I am
working with Nancy Peterson on that and she is very excited about some of the ideas. We are trying to look at some
future things and I am very excited about everybody in that group. I am very happy to be associated with it.
(ii) Council Member Bradshaw:
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE RELAY FOR
LIFE SPONSORSHIP AND AlITHORIZA TION OF USE OF CITY LOGO IN PUBUCA TIONS.
Mayor Garrett asked if there was any discussion . There was none.
Vote results:
Ayes :
Nays :
Motion carried.
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
(Clerk's note: this was listed as item number 12 (b) (i) on the Agenda.]
(iii) Council Member Tomasso said I had a conversation with Stephanie Steinberg the other
day about Englewood supporting the Colorado Clean Indoor Air Act. I would like to bring that forward and suggest
that we support this legislation.
Mayor Garrell said this is the legislation that would ban smoking in most public facilities, is that correct? This had
been raised and wc passed it out to Council for our consideration ... whether wc want to cncouragc, basically, the
legislature to pass that legislation.
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO SUPPORT THE CLEAN
INDOOR AIR ACT.
Ma yor Garrett asked if there was any discussion .
Council Member Barrentine said I have some concerns about the agenda that some of these groups have . This is a
legal product. We have a lot of concerns going on with the tobacco money and on buying and doina those things.
While I don 't smoke and I don't suppon anybody smoking. it is a legal product and ii is inappropriate for us to, or at
least for me . 10 take a stand •llal way . I think that is an individual's choice.
Mayor Garrett asked if there was any other discussion .
Mayo r Garrett said I will also say that, at least on my behalf, I will be voting against this. Not because I smoke .. .I
prelly much don '1 want lo go 10 any place that <locs have smoking, but I like the sort of freedom that people can
make the choice on whether they want their establishment to be smoking or not. I use the Dublincr u an eumplc of
one that has chosen to be nonsmoking, so I have gone there quite a few times. There are others that have smotina
and I do n't frequent those pl aca. So that i my personal choice .
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Council Member Wolosyn said I would vote for it and it is more about second hand smoke that affects people who
work in establishments like that. If there was a way for that not to be a hazard, I would approve people being
allowed to smoke in a place that allows it by there own choice, but there arc others involved.
Council Member Woodward said I will support it as a smoker that is continuously working to stop smoking. I have
been working on it all year, so I believe it is something that is an important item. Having managed office buildings
for a number of years, it is very obvious throughout the metro area when buildings went nonsmoking, how the
odors, the smells and people's reactions to that changed in a very positive way. So, I am a strong supporter of this .
Council Member Bradshaw said I will be voting in favor of it also.
Mayor Garrett asked if there was any more discussion. There was none.
Vote results:
Motion carried.
Ayes:
Nays:
Council Members Moore, Bradshaw, Wolosyn, Woodward, Tomasso
Council Members Barrentine. Garrett
In response to Mayor Garrett, Assistant City Manager Aahcrty said they are requesting a resolution. Would you like
us to bring this back at the next Council meeting? Mayor Garrett said yes.
(iv) Council Member Woodward:
I. He said on April s• a few of us went to Aood Middle School's Technology Student Association Air Aight
2005. The teacher, Tony Raymond, and the kids over there had put together a flight simulation program and had
built a flight simulator that you could sit in ... like in a cockpit. It was pretty impressive. I just want to ackno,.•lcdge
them and wish them the best of luck in their accomplishment.
2 . He said I wanted to mention that last Wednesday I had the opportunity to spend the whole day with Bev
and Olga doing some work for Habitat for Humanity on our Englewood property that is being remodeled. It was a
very rewarding experience and I think. for myself. I know that I intend to do it again . I was really impressed with
Habitat for Humanity, what they had there and the way they do things.
3. He said last night Bev and I attended the Metro Mayors and Commissioners Awards banquet recognizing
and awarding the youth in the nine-county area for overcoming personal adversity and experiencing positive
changes in their lives. That was one banquet that was very. very moving, for myself and for many others ... to hear
and to meet some of these young people that have gone through some things and their accomplishments was very.
very impressive.
4 . He said I just want to let everybody know that the Englewood High School Boys Golf Program is putting
on a to urnament o n April 30• to allow them to continue the golf program over at the High School next school year
in the Fall. Entry is $65 .00 per person, which is pretty cheap for a golf tournament. If people would like additional
information, please contact Gary Bird over at the High School .
(v) Council Member Wolosyn:
I. She said I just wanted to say that the Library came to the Cultural Arts Commission to see if they could use
I percent fund s to buy a sc ulpture . And . as we usually do in these situations. we partnered with the Cultural Arts
and Library ... each giving half to purchase thi s $6,000.00 sculpture by a local sculptor named Ghcorghe Stanc5Cu .
2 . She said I meant to ask thi s last week . Did the Library reschedule their au•.hors ? Mr. Flaherty said
yes ... Sunday. May 22"". • ••••
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Englewood City Council
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Mayor Garrett said the person who was here from the Rocky Mountain Housing Development Corporation ... what
they are seeking is a letter, which does not necessarily require a vote ... just a letter of ackoowledgcment that we are
in suppon of that project. Docs Council want .to discuss that this evening or would you rather wait until next week?
Council Member Bradshaw said lets discuss it now. I personally was worried when we did the House of Hope and I
am really glad that we did, but I think that ended up being a foot in the door for other programs. I appreciate and I
respect the job this group is doing. We also have Englewood Housing Development Corporation in our City. But
my concern is, that area, particularly up by Sinclair ... we'vc tried to zone it so that we can keep kids in the school
system and it just turns into rentals and duplexes and things like that. While I think that this is probably a really
good program, I just don't think we need any more low income housing in Englewood. I just think that sends the
wrong message. So, I am not in favor of it.
Mayor Garrett said arc there any other thoughts?
Council Member Wolosyn said I guess I will throw this out, because I have those concerns too, bw I was
wondcring ... when I listened to her ... is this property going to be low income no matter what and we would have a
relationship with people who might have some leverage to make sure it stays in good shape? I wasn't quite sure. It
seemed to me that there were five places there that they have to be accountable for having affordable housing. Mr.
Garrett said I thought she clearly said that their goal is to make sure there is affordable housing, using up to 60'1, of
the median income in the City. I think the five units ... at least that was the impression I got Laurett ... arc a throw
away because they clearly will meet that with most of the population.
Council Barrentine said it was my understanding that the units arc the price the units are and it matters not who is
renting them, except for five units. It doesn't matter what the income is of the other people who are renting them.
Her assertion was that nobody of a higher income would want to live there, so I don't know. But no, there was no
income requirement. I thought she made that very clear that except for the five units, they are not going to make an
income requirement. The kind of services and programs that they are providing, I assume would have some impact
on attracting some people, I don't know.
Council Member Bradshaw said my concern is that with the number of Section 8 units we have all along Belleview.
that we arc doing more than our share in that quadnmt of our City. I really, really think that some other city might
take this burden from us. I do think that Englewood steps up to the plate on everything. I think that when House of
Hope came. I was pretty resistant to that. but I thought. boy it is better than those guys that are drunk peeing on
everybody's doorstep up there where the House of Hope is now. So I thought that that wu an improvement to the
community. This I don't sec as that . There arc way too many Section S's in the Carmel and Golden Nugget
apartments up there . And I think it is creating some issues and I have stated those before.
Council Member Wolosyn said I know it is just not the CDBG Grant money. I feel that even though it is a
5013C ... in a way. it is just a development company and I think maybe those CDBG Block Grant funds could go to
projects that had a broader good in a community ... so I am just reluctant ...
Council Member Barrentine said is there a possibility that we can get additional information? Since there seems to
be some di scussion that we could go ahead and do that at the Study Session next time ... I would just like some more
information. I believe that the only reason that she had to come 10 us was because Arapahoe Coun1y made a
requirement that they have buy-i n from us. which I believe is some assurance to them that they have buy-in from the
community. And that is what I am concerned about. If there is an opportunity for us to discuss thi , I would like
some more information.
Counci l Member Bradshaw said she didn ·1 seem willing to go talk to the community.
Council Member Barrentine said I was a little concerned. and I am urc it is uue. that a lot ofthinp ... jllll because
they arc not required by law docsn 't mean that they arc not a good idea. And that seemed to be the concept ~
rapahoc Count y was going after. was that there be buy-in from the community in order to have this money
transfer. And that is all thar I would want to nplore.
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Englewood City CouncU
AprU 18, 2005
Page 10
Mayor Garrett said what form of information would you like for us to have available? Ms. Barrentine said some of
the questions that have been brought up here about the amount of housing and what the neighbors in the area think
about it being designated. because what she presented is a little bit different than what it seems to be designating
itself as. There seems to be some conflicting information in the blue sheet ... while we were handed everything al the
time and I am not pretending that I was able to scope everything out of the five or six pages she handed us, but there
seemed to be some conflicting information in that. And, I don't know whether that refers to the previous properties
or what they intend to do here.
Mr. Woodward said this 1s a non-profit purchasing ... docs this also take the property off our tax rolls? This is a
question I guess I failed to ask. Ms. Bradshaw said yes, doesn't it? City Attorney Brotzman said no. non-profit is
taxed. Ms. Bradshaw said at the same rate?
Council Member Wolosyn said I had heard about this initially ... that it would be rehabbing a property in our City
and it is not really . She said it is not rehab.
Ms. Bradshaw said, again, it is the opponunity. We have a property that seems to fit their needs, but docs it meet
the needs of our residents in that area? I don't know. My other concern is that is also the same area where they
have tried to put in halfway houses and all this other stuff ... right by a middle school and Pat Bailey can remember
that one. Her kids were there and there was one property that kept turning into a halfway house for non-violent
offenders ... at that time they were rapists and drug dealers. And that was pretty scary. And we voted that down to
protect that neighborhood. That whole Acoma strip, panicularly from Tufts south, has just son of been forgotten by
the City. That is why !just thought, let's not hit them again. It was my gut reaction to that.
Mayor Garren said Mr. Simpson do you have any clarity on what you might want to bring back to Council next
week?
Mr. Simpson said what I might do is make a suggestion that we go ahead and hold an area meeting with residents.
Make it a requirement for her to hold a meeting. We will be there to listen and undentand. She could hold an area
meeting or do you want her to just contact individuals and let us know that she contacted them? Which would be
bencr?
Council Member Barrentine said after reading through this information and the services they provide, one of the
questions I have is that it looked like something like a social services outlet. Now when she did the presentation and
s he said there is no income requirement. that it is affordable housing regardless of who is living there, except for the
five units. I got a much different picture and I was much more positive about it . So if they could address some of
that. Mr. Simpson said okay. She said and then I don't know how you think it would be best to contact that area.
How would that area best be contacted?
Mr. Simpson said do you want her 10 contact area residents? We often times will hold a neighborhood meeting for a
rezoning, but in other instances. we just si mply have an applicant go and talk to area homeowners within a ccnain
radius of the propcny. We could have that donr..
Mayor Garren said a different example would be Oxford. when we were doing the lnlffic calming. Director
Simpson said exactly.
Mayor Garren said it would seem best to contact that area surrounding that propcny. Plus, Ms. Bradshaw said. the
churc h and the fire station and just two other sides. Mr. Simpson said is that okay or do you want an actual
neighborhood meeting? Ms Barrentine said l think it should be a piece of ii. Ms. Bradshaw Yid I think the
neighbors need to be contacted , particularly on Acoma and Bannock.
Mr. Simpson said l agree. l think it is a good idea 10 have the neighbors contacted. havin& her do that and ,cuing a
sense of what it is about.
Ms. Barrenti ne said I am not against affordable housing. but the way that it has been prescnled ... 1t also looks like
they are tryin 10 get a certain populauon mo. "'hich arc not 1n conjunction with cxh other, so I jllSI wondered.
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Enclewood City Council
April 18, 2005
P-.11
0
Mr. Simpson said wc need to get clarity on that. Maybe what wc will do is hold an area neighborhood meeting. We
will contact residents and that way we can also attend. I think it would be valuable if wc were there to hear. Ms.
Bradshaw said to see what they think and what they see as the future of that neighborhood ... that would be
invaluable. Mr. Simpson said and then I think it would also give you adequate time to read the information that was
passed out tonight and evaluate that, because none of us have seen that. That will be good to read that. Ms.
Bradshaw said there seems to be a move along Acoma and Bannock in that area ... 4600-4700-4800, that there is a
101 more owner occupied now than there was before. It used to be rental and it seems like people are buying homes
there. I think the character ... it is not going to change a lot, but I think we have to honor that.
Mr. Simpson said we will hold the neighborhood meeting and as a result this will delay this coming back 10 you and
she indicated to me tonight that she has 90 days in which to make a decision. So, wc will move along on the
meeting so that you can get the information and then what wc will do is we will come back and make sure that we
address the income issues, issues from neighbors and address the issue of tax . Ms. Bradshaw said the other thing is I
think she said the realtor contacted her. Mr. Simpson said yes .
Council Member Wolosyn said I think I am pretty clear on what CDBG grants are. I think of them as grants that
help communities shape themselves al that level and fine tune a community, but I would like to know a little more
about HOME funds. Mr. Simpson said okay.
Council Member Barrentine said only with the understanding that in order lo get part of her funding she has to have
our buy-in. Mr. Simpson said right. Ms. Barrentine said that doesn't stop any private investor from coming in,
buying that property and .. .like this gentleman who apparently owns it now ... fixing it up, turning it into something
that was better than when he gol ii or tum it into low income without Arapahoe County funding. I don't know, but
they did ask for our buy-in.
Mr. Simpson said wc need to understand more . I'll follow-up . It will be probably at least 30 days .
•••••
Mayor Garrett said I just would like to also make note that we are happy that Fratelli's is now going to be turned
into good hands. There are a couple others ... at least one in particular ... a nice restaurant in town that is struggling
because there are not enough patrons coming in . I actually have a bad reputation where I work, because they say
"you won't leave the neighborhood to go to lunch will your' I tend to try to keep people fairly close to En&lcwood
when we go out and do things. So for those who can, if you can stay in the neighborhood that would be helpful and
help a couple of restaurants. We have always tried to encourage restaurants to come to Englewood. Ms. Bradshaw
said right and now we have some premier ones and one of them is really struggling.
13 . City Manqer's Rrport
(a) Assistant City Manager Flaherty said Colorado Preservation Inc . has sent invitations to all of you
regarding an Open House at the Skerritt House on Wednesday night from 5 :30 to 7 :30. I happened by there a couple
of week s ago on Saturday and was pecking in the windows and the Executive Director of CPI happened to be there
and invited me in . They have done a tremendous job of restoring .
•••••
Council Member Barrentine said I wanted to add just one more thing that I forgot . I want to thank the Arapahoe
Philharmonic . We attended their c hildren's concert on April 6•. My son's school did IIOI participate in that,
although I.hen: were a n awful lot of schools that did. I took him out of school and we wclll over there . We know a
couple o f people who play and we just were amazed at how many kids enjoyed that . If you try to keep that many
c hildren. that age qu1c1 ... ,1 WIIS imprcs 1ve that they stood enthralled with what those guy were doina for that long,
because I thought there would be havoc . But they did a beautiful Job and I was very impressed with the first
c hildren ·s concert I have attended.
14 City Attorwy's Rrport
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Eqlewood City Council
April IS. 2005
Pqel2
(a) City Attorney Brotzman said I do have a request for a motion to settle Shoop vs.
Welboumc/Kunst/City of Englewood. At this time the City of Englewood has actually been dismissed from this
case. This is a case against two individual police officers, at the present time. I need to make it clear that City staff
and the administration have looked into this and we believe that the officers acted appropriately in this case . In fact.
Mr. Shoop did plead guilty to resisting arrest. With that in mind. there is a minimal chance of a finding of liability.
The problem is the damages that Mr. Shoop has medically, either from this incident or from other incidents, are
rather significant. The other factor that plays heavily in this cue is that the cost to settle this matter is $20,000.00.
My request is for a motion to settle it for $20,000.00. Currently, to even act to trial is $50,000.00. This is a
nuisance settlement. I don't like nuisance settlements, but it is the most cost effective way of resolving this matter
for the City.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE CITY
ATTORNEY TO SETTLE THE SHOOP VS WELBOURNE, KUNST AND THE CITY OF ENGLEWOOD
CASE FOR Sl0,000.08.
Mayor Garrett asked if there was any discussion.
Council Member Barrentine said I want to say that I believe. with what Dan said. that with everything that wu
presented that the officers acted professionally and do an ellcellent job for this community. And while this llticks in
my craw. I will support our Safety Services Dim:tor Clvis Olton and our City Aaorney Dan Broczman . They have
the best inlercsts of this City and our financial responsibilities as well , so I will be vocing for it.
Mayor Garrett asked if there was anyone who wished to speak .
Council Member Woodward said I just wan&ed to make one commen1. As I undenWld it Dan. there is no admission
of guilt with this and there is no effect to the officers. Mr. Broczman said correct. Mr. Woodward said oby then I
support it.
Vote.--lb:
Ayes:
Nays:
Motion carried.
15 . Adjollnaeat
Council Members Barrenaine. Moore. Bradshaw. Gama. Woloayn.
Woodward. Tornuso
Nooe
ARRETT MOVED TO ADJOURN. The meeting adjourned a& 8 :20 p.m.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, APRIL 18, 2005
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
2.
1. Call to order. '7 :3{; ~
Invocation.~
Pledge of Allegiance.~ 3.
4 . Rollcan . lU/ '7 ~
(J
... ,
5. Consideration of Minutes of Previous Session. •
~W-~=:~·~·~~~·~~~ ;,iu ~-· ~ ~-SllaJL.P ~MJ "VIJIE.IJ '4-tt,;,. '!(110r 1, ·, ·
6. Recognitioi< of Scheduled Public Comment. (Please limit your presentation IO ten minutes.) -~to;)
ff
7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes . Time for
unscheduled public comment may be limited lo 45 minutes and if limited shal be continued to General
Discu,srion .) ,. I h ... ' tJ.; t;UAUJ "fi~r-~~
8. Communications, ProclamaliC\ns, and Appointments.
!l.lFtciJ/ ~.11 Prodamation declaring the week of May 1 through May 8, 2005 as Days of Remembrance in ~VI 'J-u memory of the victims of the Holocaust.~
9. Consent Agenda Items.
a. Appro~dinances on First Reading.
Please note: If you ha, e a disability and need ~ary aids °' sefVices, pie-nolify lhe City of Eflllewood
(303 -762 -2407 ) at least 48 hours In advance of when services are needed. Thank
'
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(J.
Englewood City Council Agenda
April 18, 200 5
Page 2
'J-V ~iJ.t}rnirflJi{/r':t%;$~()E-A6Ul{),1--/7%,11$ 76-;;,;i tlppt/ i. Council Bill No. 8 authorizing the execution of three Intergovernmental Subgrantee
)I",.,./ ~ J 2 Agreements for the 2005 Arapahoe County Community Development Block Grant
{I (vl "'ft/ .:..J Program between the Arapahoe Board of County Commissioners and the City of
Englewood.
C.
ii. Council Bill No. 9 approving a license Agreement and Temporary Construction
Easement to install a fence and maintain a portion of the City Ditch at 4901 South Lipan
Drive.
Re~and Motions.
10. Public Hefrs. (No Public Hearing Scheduled.)
11 . Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
i. Council Bill No. 10 -Recommendation from the Community Development Department
•
/lpfJ'l-()
lo approve a Bill for an Ordinance authorizing the execution of an Intergovernmental
Agreement with Arapahoe Community College for the Area Career and Technical
School for the school year 2005/2006 to construct a single-family residence at 2350 ,0(. ~ ~ .
South Zuni Street. STAFF SOURCE: Janet Grimmett, Housing finance Specialist. K)~
ii. Council Bill No. 11 -Recommendation from the Convnunity Development Department
lo approve a BillTor an Ordinance authorizing the sale of 2377 West Wesley Pi~u}~n ~ ... r-' ~ ?-D Englewood. STAFF SOURCE: Janet Grimmett, Housing Rnance Specialist~
iii. Council Bill No. 12 -Recommendation from the Utililies Department to approve the
f) ,n1ergovernmentaf Agreement (IGA) between the City of Englewood and the Arapahoe
(}4) ·rO County School District No. 1 for the MS4 Stonn Water Permit. STAFF SOURCE: -n Stewart H. Fonda, Director of Utilities.~
b. Approval of Ordinances on Second Reading.
c. Resol~s and Motions.
i. Recommendation from the Community Development Department to approve, by
f7 JI motioj, two contracts for professional services with Development Research Partners lo
· 1-v l) ana yze primary jobs and business clusters, and 2) analyze the retail sector in
Englewood. The proposed contr1;;....arJ1".. ~e amount of $69,900. STAFF SOURCE:
Mark Graham, Senior Planner. vv ~
Please note : If you have a disability and need awoliMy aids Of services, please notify the City of Englewood
(303 -762-2407) at least 48 hours in advilllCe of when services are needed . Thanlc
'
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• Engl ewood City Council Ag enda
• April 1 8, 2005
Page 3
12. General Discussion :
a. Mayor's Choice.
b . Council Member's Choice.
O{JfJr/ 'J-D i. Relay For Life sponsorship and authorization of use of City logo in publications.~ftu,;--
13 . City Manager's Report. AAP, S-.2..-10!>1~ !NfJl'I-/J JV ~IWJU 7J/E.. t
(AJA-Y!. :l'Mb:lif!AJF-1 ~,fllPt} 'U;,1tl,) /Al/)8t!)f_A/t lll:r"
tJpfd J/-oCi1};j/f}/i!!J!1UJVW rP ~ t'HE.. ~tt;o /Is ~£. k.luf3r
15. Adjournment. 'i)::q} r--, "";:~;~~':otl:-~~ -~
The following minutes were transmitted to City Council between April 2 and April 15, 2005 :
• Cultural Arts Commission meeting of March 2, 2005.
• Planning and Zoning Commission meeting of March 22, 2005.
Please no te , If ou have a disability and need auxiliary aids°' servicN, pleue nollfy the Cily ol EiiaiNood
(303 -76 2-2 407) at least 48 hours In advance ol when services are needed. Thanli
'
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
April 4, 200S
I. Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:37 p.m.
2 . Invocation
The invocation was gi ven b y Council Member Barrentine.
3. Pledge of A lleglance
The Pledge of Allegiance was led by Mayor Garrett.
4 . Roll Call
Present :
Absent :
A quorum was present.
Also present:
Council Members Tomasso, Barrentine, Garrett, Bradshaw,
Wolosyn, Woodward
Council Member Moore
City Manager Scan
City Attorney Broczman
Assistant City Manager Aahcny
Director Gryglewicz, Finance and Administrative Services
City Clerk Ellis
Director Olson, Safety Services
Division Chief Vandcrmce, Safety Services
Fire Battalion Chief Schocnbein, Safety Services
Director Fonda, Utilities
Sa
Senior Project Engineer Van Nostrand, Littleton/Englewood Wastewater
T reatmcnt Plant
Open Space Manager Lee, Parks and Recreati on
5. Consideration of Minutes of Previous Session
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 21, 2005.
Ma yor Garre tt a ked if the re any comments. questio ns or corrections. There were none .
Vote results:
Ayes :
Nays :
Abse nt :
Motion carried .
Council Members Barrentine, Bradshaw, Garrett. Wolosyn.
Woodward. Tomasso
None
Council Member Moore
6 . Recognition of Scheduled Public Co-I
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Eqlewood City Council
April 4, 2005
Pagel
(a) Debby Pool , 1431 East Cornell Avenue said I am here tonight to talk to you on behalf of the
ho meowners of Arapahoe Acres . I was very pleased to hear the discussion in Study Session that it appears there is
serious consideration to selling the property. At the time that the house was donated to the City, in the early 1990's,
the homeowners in our area were very deeply concerned about the basic issue of the City owning this single family
home of that value. We think, still today, that there is a very serious public policy issue in that area. And, I hope
that you, the members of Parks and Recreation Commission and your legal and houaing advisers will examine this
issue carefully, because I think thi s issue of the City owning property like that is a very serious one. I hope that you
will take it seriously. As you heard from Ray, sales in the area arc good. You should be able to achieve, if you do
sell, a fund that then could be given to Parks and Recreation projects. I don't think that should be an issue in this.
We do appreciate that the City did stop the renovation that was occurring. The City staff has been very, very
responsive to us in raising our concerns and listening to us. We really appreciate that very much. We certainly will
be involved in talking with the Parks and Recreation Commission people. Again, if you can help us on this whole
legal issue of whether a City should be owning this kind of property, that would be very helpful. I think it is a very
complex issue, but also a very important one for you to consider. The City has been very good to Arapahoe Acres.
We have appreciated the support that you have given us ... rnost recently the money to help us renovate our street
signs. I hope you have been by and seen them. They arc very handsome nwkers and we do appreciate the help that
you have given us with that and your endorsement of the recent grant and other projects. We look forward to
working with you. If there is anyway we can help you with the decision on this house, we would really like to hear
from you. We hope you will not hesitate to call. She asked if there were any questions or comments. There were
none. She said thank you, I appreciate your listening.
Mayor Garrett th anked Ms. Pool .
7 . Recognition or Unscheduled Public: Comment
a) Greg Kainer said I am President of Englewood Unleashed and I have spoken to you folks before.
I am here tonight to speak to you about some of the controveny about site selection and funding for off-leash dog
parks in Englewood. What I wanted to bring back to light is the Task Force, for which I have high regard . There
arc several members of the Task Force here tonight. I have, in my J1015C11ion, the executive summary of Off-Leash
Task Force. It was on the City web site . I wanted to just go over real quickly some of the issues that I think arc
important. Because what we lwve found is that there has definitely been a pattern that bas been established through
the past two sites ... Centennial and now Belleview. One is, it seems when we acquire land that bas not been
currently used it comes with a price. So, I think we arc going to have to accept the fact that multi-use green space
might have to be g iven up, if you don't want any additional c05ts or there will be environmental impact studies,
water studies. etc . that arc probably going to come with unused land. Boch pieces that we have looked at, in a
serious way. have proven that out. To get back to the Task Force ... it was established in December of 2003 and I
think there were at least seven mcctings ... members might correct me if I'm wrong. I know since we've worked on
11 . it has been a true labor of love. I can imagine what the Task Force rnemben went through in the process of their
seven o r so meetings to come up with this criteria for selection of a site: first one was a neighborhood buffer and I
think Bellev,ew addresses that ; playground separation, I think Belleview addresses that; picnic shelter. athletic field
separation. I think Belleview addresses that; not a natural arca ... that is somewhat debatable, because further down in
thee ecuuve summary it said that it was selected ... Belleview was pan of the nature area, was in the three sites that
,. ere selc tcd , so II is somewhat ambiguous there; off-street parking, I believe Belleview addresses that; potable
,. ater. that ,s to be determined through irrigation. but I think it is accessible; positive drainage. ' would like to think
1ha1 the rca ,;1 we have gone through the efforts of the studies and the City and COIDIIIUDity debate about having Ille
tud,es. we will addre that i sue. I mean that is the purpose of that and I dlink it is in the hands of professionals
that can give u that detenrunation. It is not isolated. The community bas accepted that u a security issue they
reJccted the other locations ... CenteMial for that very reason. It was a security iuue and it was about u isolated as
11 omc af you 11,ould look at a map . It 1s ADA accessible and II is within the one to three acres preferable u far as
the saze . That addresses the three group that actually uses a dog park. You've Sot lhc walken dial actually Just
l'alk around the pen meter of the park ... you 've gOI the social people who stand there and talk to their neapbon and
let their dog play and then you've got the people that come in and do notbin1 but interact with thcar dop and
e,er asc their d g '"'hile the) arc there and then they leave. The three distinct poupa tbal use the park. And there
, bade available. And. depending on how you looked at the Celllellnial locallOD. depcnckns on the area, 11 as
qucsuonable. I ,.ould like to thank that we an stick with the Task Force ~n. 11nce they spent a ,ood
amount of tome sclccung three ates . I would hke to a.id ,at the C ustu111111e, wbich wu the third 111e tbal I hawea't
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Englewood City Council
April 4, 2005
Page3
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discussed tonight, was basically rejecterl by most members of the Task Force. It wasn 't rejectcd by the corrununity
dog owners. but it was rejecterl by the Task Force because of several issues. I am sure they will speak to that later.
From a practical standpoint, I think that we should really stay on track and move forward . I know the dog
community really would like us to stay on track and move forward . It appears that with the studies coming up, if
I'm not mistaken, the flood plain analysis study will take four to six weeks, which will put us, with the approval
tonight, into the middle of May. After that, if that proves to be feasible, we have a water study, and I might be
wrong, but I think that it was a four to six week time period on that, which would put us up to about the end of July.
And then it would come back to Council again. With all of these check and balances, with all of these hoops, with
all of this community input, with all of the Task Force recommendations, with all of the Parks and Recreation
Commission recommendations and now we arc hearing the latest obstacle, which happens to be FEMA. I am
wondering how many more surprises and obstacles that we arc going to run into in this process since we have been
going over this with a fine-tooth comb. I mean, it is on everybody's radar. I think everybody here now is probably
more professionally aware of the requirements of a dog park than they were a year ago. I know that I am. He said
just to close, I never really knew, from a practical standpoint on a personal basis, what the term meant, but now I do
and it is ... fish or cut bait. We are at that point. .. fish or cut bait. Thank you.
b) Kim Love, 1959 South Clarkson Street said I have a little bit prepared and I felt compelled to say
something relevant to Ms. Barrentine' s comments in the Study Session about taxpayers and tax use funds. I believe
the Open Space Funds were designed specifically for acquiring parks and in this case, we arc talking about an off-
leash park. I don't see any difference because as off-leash users, we arc all taxpayers. On any given day, there arc
50 to 75 users in the parks that arc also taxpayers and they suppon Englewood businesses. I know I do, for example,
shop for all of my food items at Englewood businesses. so we arc all taxpayers. I don't see that as any different than
any other taxpayer who uses the park. The example I think of that is a great deal of open space money. Englewood
has obtained open space money for the use of baseball fields, which is only used for part of the year and these
people are all taxpayers, but there is only a fraction of the year that those baseball parks arc used . They are no less
of a taxpayer, as users of that park, than we are and we use it all year round ... even in a snow storm. Greg and I have
been there in a snow storm with our dogs because they enjoy the snow and we use the park all year round regardless
of the weather. So, this is a good use; of open space funds and for the studies needed to get to that point. So, I don't
sec anything wrong with using taxpayer money, in this case open space funds, for this type of use. Ow community
is very spirit oriented and we did a little bit of a cost analysis for creating an off-leash park. As you know, we have
talkerl about using Belleview Park and also using, in the past, Centennial Park and we know there is a big difference
in terms of co~!. At Belleview Park for example, we arc estimating at about $40,000.00 in costs plus of course,
whatever it takes for the studies. We feel it is really unobtainable to get Centennial because , as you know. Parks and
Recreation has put a price on thal of S 186,000.00. So it seems to me it would be very prudent to use Belleview
Park. which has amenities already ... ii is already there, has land available. It makes sense to use it, not only from a
taxpayer's point o f view, but also ii would be very easy to set up, in comparison to Centennial. So, you know, there
is a big cost savi ngs there and is also very prudent. If you amonized what the parks would cost over the next ten
years and including what Englewood Unleashed as an organization can bring in to the City through donations. we
arc talking about , not including the s tudies. about $40,000.00 over ten years is. which is about $4,000.00 a year over
ten years . That is so meth ing that is very easily attainable for us and we may be able to raise a good portion of those
funds and more . So. your contributio n becomes a very practical thing for the City to support especial I y when you
have a group like Englewood Unleashed who bring in donations and funds and we have also been very successful
doing that e pccially since we got our 501-3C. Some of the users around the country that arc very spirit oriented,
that already have dog parl:s .. .I am just going to give you a few examples from a list of senral hundred. One is in
Kento n County Kentuck y ... they estimated that a dog park would estimate at about $50,000.00 so we are right in the
ball park there . There is one in Burlington. Ohio that has a four acre dog park that cost $50,SOO.OO and again we are
right in 1he ball park there . There is one in Santa Maria. California which is only $28,000.00. Again, these are all
used wnh e ith er the open s pace funds or City money. Raleigh. North Carolina has an off-leash park that they
esumated 10 be about $75.000.00 ... the final cost . In Lafayette, Indiana they estimate it will be about
S 100.000.00 ... the final cost for their dog park. And in Chapel Hills there arc four 18 to 63 thousand square fOOI
parks ranging on cost. ca h. fr o m S 12 ,000.00 to $43,000.00 each. So four parks. even at that rate , we are still in the
ball parl.. and being cry reasonable of what it is costing. I don't like 10 make fun of Boulder . because I don't live
there. but Bo ulder. of oursc. has dog parks and they estimated that the y spent about SS9,000.00 on !hear dos park . I
make fun of them because we always call Boulder. 28 sq~ males MIITOUnded by reality. But they are very
commumty oriented and a lot of people hav~ dop and UK the off-leash par hke Englewood does and 1h1111 a very
good ,me trncnt on 1he communlly and its c111zcns. I will wrap up b) y ,ng to the C u y Council that I th1nlt this 1s
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not only a good investment, it is a prudent use of tax funds. We as users, arc also taxpayers and we would like to be
able to use it and be able to give the City some contribution as well . As an organization, we participate with the
community and the off-leash users to use this park and create good amenities for everything else. Thank you for
your time .
c) Nikki Fcrarri-Kennedy, 3303 South Corona Street, said I just want to reiterate that our
org::.r,,~tion, and the community that our organization represents, wants this project to be a two-way street. This is
not simply us coming to you and asking for money and we are going to take it. We want to give back to our City
and to our community ... so I am going to address some ways that we arc proposing to do that with the creation of
this dog park . I know that money is an issue and it is a concern and we can address that issue. Our organization has
had ongoing discussions of imposing an annual fee for users of the dog park, thus recouping some of the costs for
the City on an annual basis. We arc have 501 -3C status, which will, and has already, helped in the two weeks, I
think , that it has been since we 've had that status. We have already secured a $1,500.00 donation just in that two
week period . There is a donation as far as turf from ACC that we arc working on negotiating with them on, for turf
at the dog park . The other issue that I wanted to address was the possibility of a tradeoff. We arc willing to
maintain the area you designate to us and also give us a section of a similar area that we can help you guys improve
at the same time ... that you are not allocating to us, but we are helping you to improve . We arc willing to do that. I
am going to say that, personally. I won't commit the committee to it. And then the other main issue that I know is a
concern bro ught up repeatedly in Study Scssion ... the waste and therefore why the studies arc being conducted. I am
not sure if any of you are familiar with how Denver docs their park system. They have a red, yellow, green light
system where it is posted in the park. If the park is in the green status, it means that maintenance and clean up is
great, you arc on top of it, you are doing everything you need to do. Y cllow is brought up when you arc on the
borderline and the park is about to be closed because maintenance and waste is more than it should be . And, red
means the park is closed until it is cleaned up by the people that use it and it stays closed until it is cleaned. So wc
arc proposing that if the City wants control over whether this park stays open for waste concerns. that is one way to
address that concern. I just want to say that the main contribution that our organization can bring is increasing the
number of safe and socialized dogs in our community. Everyone knows that it is the socialized dogs that don't
create problems, it is the animals that arc not socialized that wc have conflicts with . Tavis Hanna, who is our
outreach committee chair. has made some great progress with working with an obedience trainer to secure some
classes and we want to start doing that for our members, starting in May I think. after our next newsletter comes out.
So that way we can conduct obedience training for our members, which means off-leash dog obedience training . I
thi~ that will help improve the number of socialized and safe animals that we have in our community. And we
hope . in the future, to get dogs trained and ccnified to go to hospices. and schools and hospitals where a dog can
have a great impact on someone's day. I was thinking about it and if every project that the City Council put funds
toward could have a return. that would be a deal . It is not reality, but I think our members would agree tha t this is a
proj ect that can give bac k ... there are rcturns ... thcre are monetary returns and there arc returns for our community.
Yo u know, we are just aski ng fo r a c hance to prove it, because we believe in it. we arc excited about it and we hope
yo u guys are . That is all I ha ve to say and I am sorry if I am boring some members of Council.
d) Anita Halic k, 782 East Amherst Place. said I am here to tell you that safe, clean water is a basic
human nght and I am sad and appalled that I had to come here tonight and ask my elected Council to vote to save
my water. I am a member of the original Off-Leash Task Force and last Tuesday I was asked to sit and listen and
have people educate me as to why the City s hould consider movi ng the Task Force's recommendation from a
landfill s ue to a fl ood plain floodway si te that is adjacent to our water purification system. I listened first as a Task
Force member and then as a ci tizen and o nly one conclusion can be made . Arc we really going to dascuss spending
S5 0.000.00 fo r a fe el good study that mi gh t give us low percentage rates that might contaminate our water. Is that
an o ka y thing to discuss ? Is it reall y even wonh discussing ... putting our people in jeopardy? As a health care
profess ional. we give o ur patie nts odds for negative outcomes and bravo to the medical community for being able to
reduce mos1 negative o utcome s to a very low percentage . That negative outcome however will only affect one
person ... the patient Your vo te is goi ng to affect thousands and thousands of people ... not only 1n Englewood. but
also the commumucs that we serve with o ur water. And, have we asked them 1f tlu is 1<>1111 to be okay for them?
Please do not vote to spend o ur tax d ollar for studae that ma produce low negauve OUICOIIICS on water
contamanauo n. T ha C u y and our urroundmg Cllacs deserve to know that En&lc'"-ood ,..,II not &amble ,..,th our bu1
human nghts . L:is1 year th i Co uncil cornnu 1oncd a Task Force. We met for seven moolhs and IOC wen, instructed
to ,·o te. We voted and ga ve our rccommendauons. If the Ce ntennial Si te is not a wtable 1tc due 10 dollan. then
ho-. can -.c JU 11fy 10 o ur c 1t1zens a Ile -.here we arc walhng to possibly comprormse our 10'atC1'? I cannot Kl'Cpt
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that Englewood has been reduced to a City who values money over human rights. Again, I ask myself and you
before you vote. arc we really going to discuss that spending $50,000.00 on studies for feel good percentages on
water contamination is an okay thing to discuss? If our society docs not think clean, safe water is a basic right. then
we should all sign our living wills tonight and say God help us all . Good night.
e) Linda Counterman, 2975 South Pennsylvania Street, said I was an original commissioned Task
Force member for the Off-Leash Dog Park and I am again surprised that I am standing here before you asking you
not to vote, at least for the Belleview natural area, to be considered as an off-leash dog park area. I feel that the
money would be a waste of time and energy only for a negative outcornc ... to be told that we shouldn't use this area
because it compromises our water. Compromising water is not an option. Englewood citizens have the right to have
safe, clean drinking water without additional debris or cost to clean the water. Belleview nature area was an original
compromise, but that was before anything was discussed with the original commissioned Task Force that this was
on a flood plain ... that it was only a block and a half away from the intake area of our water plant. There arc going
to be several costly studies that need to be done before we could even move forward with this. I would say that, that
money could be spent a whole lot wiser and/or if you arc going to waste the money on a bunch of studies that we
may end up saying no to, because we arc on a flood plain, contaminating our water ... jl1!.1 hand it to them .. .lct them
have it. .. 50, 60, 70, 80, JOO thousand ... give it to them. Let them find another place. Englewood is a gorgeous
city ... old, maximized growth, not a whole lot of places to go. We have green space that is nice for the kids and I
agree that there is a need for a dog park. I am not here to say that there is not a need for an off-leash dog park. I am
here to say that the Belleview natural area and compromising our water is not an option. I propose to Oty Council
that we commission a Task Force again ... possibly finding a compromise area of available green space that all of us
might find suitable. I know in the past I have said no. I know, you know, there has got to be something to make
everyone happy. There has got to be. But, I am not going to compromise my water or waste the City's money by
doing studies. How much is it going to cost? And is Englewood going to sit still for this? What about the people
that we ask to take additional measures to make sure that their waste upstream was not contaminating the Platte
because we use it'i' Because that water ends up in our water source in our plant. What about them? You think that
they are not going to come back to you and say why arc you putting a dog park on that flood plain? I think that we
can be fair to everyone. Don't compromise my water. Thank you.
f) Shannon Sturgen, 2431 South Tejon Street, said some of the COllCClllS about the water I want to
address a little bit. I knew that Highlands RallCh has had stuff in the paper about their water contamination plant
which obvious! y affects us, because it is water coming down the stream. There is an off-leash dog park that has a
stream running through it in a green belt that dogs can get into that goes into the Platte River. Nobody has ever had
any problems with that. You know there has never been a problem about a study or anything like that. I am talking
about this because the treatment plant is right there. What about last Fall when there was water contamination from
the Chatfield Reservoir water ... with disease? We didn't have anything to say about that either because it was
already way before us. but that water still affects us . There is always going to be some kind of contamination going
o n in the water whether it is going to be the runoff from oil or antifreeze. Because I have seen my neighbors'
anti freeze leaking out of the driveway into the sewers and into the gutters and stuff. So, there is always going to be
some kind of contamination. We take steps with the purification plant to make su.-c that that water is safe. There
are civil cngmeers. who can make sure that our water is safe . Everybody is entided to safe water. That is why there
i, a purificati o n plant . That's why they arc there to make sure that the water is safe for all ofus to drink. Thank
yo u.
g ) Pamala Sampson, 1801 East Girard Place, Unit 112, said I am not here to talk about a dog park or
the water. I am here to talk about diversity in Englewood. I have been here in this city a year and in that year I've
had real problems kecpmg my money in this communtty ... as far as things that people of color may need. I am here
to ask for help in helping me and people that I know that are of color in this community ... 10 help us keep our
funding in thi s community. I am a commissioner in this community and I feel that it is very important that I keep
my dollars here and that I keep my time and effort here, but I am finding, on a regular basis. I cannot find clothes. I
annot get m y clothes clean, I cannot find hair care products. My daughter was off on Spring brea1t for two weeks
nd there was nothing for her to do here, because a lot of the things were either closed or closin& down or not open
during th1 ume . . 1f the City Council has any information to help me, to help not only myself but the other
people 11,ho II k me af I know where they can find things 10 tht community .. .! would appreciate some infonnalion
o n that I've canvassed thi s area as much as possible ... even up to Littleton and I have not found anythtn& that will
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assist me in keeping my dollars here ... my recreation dollars, as well as my personal needs dollars, in this
community. I really would appreciate if you would help me . Thank you so much for listening.
Mayor Garrett said thank you very much.
8 . Communications, Proclamations and Appointments
(a) An e-mail from Maria Fraietta announcing her resignation from the Planning and Zoning
Commission was considered.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT THE
RFSIGNA TION OF MARIA FRAIE'IT A FROM THE PLANNING AND ZONING COMMISSION.
Mayor Garrett asked if there were any comments.
Council Member Wolosyn said I have a question. Do we have an alternate in place for that? After discussion it was
determined that the alternate position was vacant.
Council Member Bradshaw said so what we will do is just declare that we have two openings on Planning and
Zoning Commission for our June interviews.
Vote results:
Ayes:
Nays:
Absent:
Motion carried.
Council Members Barrentine, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
Council Member Moore
(b) A proclamation declaring April 1s• as Arbor Day in Englewood was considered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING APRIL 15111 AS ARBOR DAY IN ENGLEWOOD.
Ayes : Council Members Bancntinc. Bradshaw, Garren, Wolosyn.
Woodward, Tomasso
ays : None
Absent.: Council Member Moore
Motion earned.
Mayor Garrell id we were named 2004 Tree City USA, which we have made for several consecutive years now.
May r Garrett prcsemed the proclamatio'> to Open Space Manager Dave Lee.
Mr. Lee said thanl you very muc h. I would also hke to invite Council to the Arbor Day activitie , the first of which
i on atwda), pnl 16* to be held at the Golf Course Maintenance facility at 9 :00 a .m. Boy Scout Troop#l72
will be pl mmg 15 or 20 srnal trees to be raised ih our tree nursery and from there they will be planacd both at the
Golf Cowse and parks.. On either April 26° or 21• we have an activ11y planned with ClaytOn Elementary School.
l larv Tcuelbaum from Tree Climbing Colorado .. ,11 be g1vmg a tree chmbing dcmonsua&ion for srudcnts there. It
has not been f,nahzcd yet . but I .. ,u update you further when the time becomes available . Thank you.
9 ConwnlA~nda
CO NCIL MEMBER BRADSHAW MOVF.D. AND IT \\AS SECONDED, TO APPROVE CO ENT
GEN DA ITEM 9 (a) (I~ Iii). 9 (b)(I) AND 9 (t)(I) ... (Ii).
I l ppro,JI o Ordma ~ n F,m Readlna
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(i) COUNCIL BILL NO . 8, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXEClITION OF THREE
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2005 BEfWEEN THE
ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD , COLORADO .
(ii ) COUNCIL BILL NO . 9 , INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE APPROVING A TEMPORARY CONSTRUCTION EASEMENT AND A CITY
DITCH CROSSING LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND
MICHAEL P . DRYER FOR THE INSTALLATION OF A FENCE ENCROAClDNG INTO THE CITY OF
ENGLEWOOD'S EASEMENT AT 4901 SOlITH LIPAN DRIVE .
(b) Approval of Ordinances on Second Ruding
(i) ORDINANCE NO . 12 . SERIES OF 2005 (COUNCil. BILL NO . 7, INTRODUCED BY
COUNCil. MEMBER BRADSHAW)
AN ORDINANCE APPROVING SUPPLEMENT NO . 160TOTHE SOUTHGATE SANITATION DISTRICT
CONNECTOR 'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES .
(c) Resolutions and Motions
(i) Agreements with Xcel Energy for construction of upgraded elec:tricaJ transmission lines
and the reserve capacity of 4,000 KW on each electtical feeder for dual electric service to the Linleum/Englewood
Wastewater Treatment Plant in the amount ofSI 13 ,337 .00.
(ii) Contract with Av-Tech, Inc . for the purchase and installation of equipment rcquin,d for
the police vehicles. in the amount of $71 ,344 .24 .
Vote results:
Ayes :
Na ys :
Al?5e nt :
Motion carried .
10. Public Heariaa lte-
Council M mnben Barrentine. Bradshaw, Garren, Wolosyn.
Woodward. TollllSIO
None
Council Member Moore
No p ub lic hearing was sc heduled before Council.
11 . Ord inances, Resolution and Motions
(a) Approval of Ordi nances o n First Readi ng
There were no additional ite ms s ubmitted for approval .on first read ing. (See Agenda Item 9 • Consent Agenda.)
(b) Approval of Ord inances o n Second Readin g
There were no add111onal items s ubm itlcd for approval on second reading . (See Agenda Item 9 • Consent Aacada-)
(c) Re so lutions and Motions
There we re no addmon~I rcsoluuons or mouons submitted for approval . (See Agenda Item 9 • C:C-111 Agenda.)
12 . ~ral Distussioa
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Englewood City Council
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(a) Mayor's Choice
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Mayor Garrett did not have any matters to bring before Council.
(b) Council Members' Choice
(i) Council Member Barrentine:
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I. She said,[ wanted to say that the stuff for the Golf Tournament by Positively Englewood is going really
well . We arc having another meeting this Thursday. We have come up with a brochure and formats. We only have
144 spaces available for golfers so we also made available another spot so that people could go ahead and participate
if they didn 't want to golf. So, we are looking forward to that. We've got several people signed up already, but now
that we have brochures we can get moving .
2 . She said I wanted to again voice my concern. In Study Session we were approached to go ahead and
approve thi s study. I think that those votes should be done in open Council regardless of whether the perception is
that that money has bc~n set aside already for a function or not. Spending this kind of money ... 17 to 38 thousand
dollars on a study in a flood plain ... should be something that is voted on in a City Council Meeting and DOI in Study
Session. I have a concern about the way that this was handled before. Before there was even any money involved,
there was a huge conce rn on the part of the community about having an off-leash park of any kind, let alo ne the
potential of this kind of s tudy money in a flood plain where we will need FEMA 's approval eventually to put
a nything in there anyway, and looking at anywhere from 50 to 100 thousand dollars when we are all done. It was
unfortunate last time, I was running as a candidate when all of this came about and it was unfortunate that on both
sides it became a personal anac k issue and I bope that it doesn't go that way this time . I want IO tell you, sincerely,
that I am dealing with thi s as an issue. I hear from an awful lot of people ... they are tupayers IOO . It is not ever that
I said it is a waste of money, but that it is not a prudent way to spend taxpayer money when the potential of success
o n the outcome is very low in having this go through . I do disagree with spending the money on the study. I
disagreed fro m the begi nning on s pending any City money on having an off-leash park and I think that we have
gotten reall y far away from that. But like I said. I am dealing with the issue and I am dealing with a lot o f people
wh o are taxpayers and constituents as well who contact me and they have to be heard . And that is how they are
being heard is through me. And a lso like I said , to voice my concern, that I want those things taken out of Study
Session and bro ught in to vote here .
(ii) Council Member Bradshaw :
1. She said to correct one of the people who spoke to us e arlier. I be lieve it was either An.ill or Linda. the
intake fo r our wa ter supply is a mile from Belleview Part.. And. there is a lot of stuff in bet,.-ecn there. including
some automobile grave yards and numerous things and "''C haven't even begun to calculate that. So. 1f anything,
maybe we should do a larger tudy on ,.ha, does so by our intake I really thiruc.. as stewards ofthi C11y.1ha111 is
our responsibility. both as a fiduciary and a c1112en. we all drink the same water too. IJUSI don't understand why
we have a red herring coming up "'hen that I n I ue that we will be addressing and we arc addressing with
englneenng. And. I wanted to make that tatcmcnt
2 . She said speakmg of h1 ton al structures, what are we going to do with the depot? Just thought I would
throw that o ut there. It ha been 111mg there a lot1& umc and nothing bas happened. Originally II was goin& to be
used as a sales office for the General Iron development . I just th ink t hat. again. it is C u y o wned land and probably
we need 10 make that me type of rneth1ng or sell 1110 someone. b«ause I real ly don't want to be deali ng wi th
berng a land owner That I not our .)Ob .
Council !ember Wok n ,d I JUSI h:nc a quesuon. The land II itS on, I th ink. is park land? Aren't they son of
,,.,, d1S11nc1 things we moved the depot to ton? M . Bradshaw wd no . Mayor Garrett said there are four lots
1 Br.kl,b;i" 1d. Of"111n;ill> the Hous1ns 111bor11) o"'-ned those and we boupt them frol:l the Housm& Authoruy.
"h1,h didn't put them on the 11., r IIJUSI mo,·cd them from one noo-taubk cnllly IO another . I really
ha•c "I"' 1cm uh u o"'"'"I propcn Council ltmber Wo }n s.;a,d I bad assumed that"' p.11\ land. Ltncb,
,m C"oun.:11 !ember B r:Mhb:t"' 1d be 1h1 1n or me "'.a). mcthm todo ,.,th the dcpol
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3 . She said there is an interesting event occurring up by where I live. It is on the southwest comer of
Chenango and Delaware. There arc signs all over this yard that this person is auctioning off their house this
weekend. Now, judging from the condition of that yard, it might not be a bad idea, but there is an auction and
people arc free to go through and view the house on Saturday and Sunday. It is a whitc house on a corner that sits
diagonally across from Sinclair. I just thought that was intcresting. I didn't know we had that many house auctions
in Englewood ... so if any of you are intcrcsled. that is a good event.
4 . She said I cannot give Don Ingle enough credit for all the things he has done for this City. That
presentation of our web site tonight was phenomenal. So, if you could convey to Don and Leigh Ann how
impressive it was. Council Member Woodward said they do an incredible job. Ms . Bradshaw said they really,
really do. I know we have pushed Information Technology to the end with Permits Plus and some of these other
things, but boy is that slick how that works. So, if you would just convey that. City Manager Sears said it will
really make a difference. Ms. Bradshaw said you bet. Thank you.
(iii) Council Member Tomasso said I missed a lot of excitcment this last week by being out of
town. I was here a week ago Saturday and I stopped by the fire at 3067 South Acoma. In tallcing with the
firefighters, when they arrived they thought it was a single family house ... they just thought it was an awfully large
house. I guess the smoke obscured the seven mail boxes on the front of the house, since it was billowing out the
front. They went in to discover six apartments, walls in the basement that bad no permits, five foot eight ceilings in
the basement and a whole apartment building. Fonunatcly, everyone got out alive and safe and sound . But these
landlords that arc misusing our City arc endangering the lives of our firefighters, as well as the people they rent to in
basement apartments. I understand this particular landlord is taking his appeal to the Board of Adjustment and
Appeals to rebuild his illegal basement walls between bedrooms. And, I think the City should really look into this
issue and prevent this from happening. It is basically why we need to regisler thesc Wldlords and to maintain
minimum standards in our housing for the people who live in this City and work here. I would also like to thank
them for putting out the fire in the trailer park the night before. They have bcco busy and doing a really good job.
(iv) Council Member Woodward said I would just like to stan by acknowledging and
thanking Englewood Unleashed for the work that you have done over almost the past year now. And I just want to
address ... as I mentioned in the Task Force meeting ... that I believe what wc arc doing is correct in that we arc doing
the study to find out if the water is being affccled, if the flood plain will be affcctcd, if it can be mitigated and I think
that is the responsible way of handling this. I believe that Linda had brought up the point about us going back and
looking for other land or trying to find other land that may be available, putting togctbcr another Task Force ... I
think we explored all of that with the Task Force. And, I guess I would invitc. at this point. if citizens really believe
that there is land out there that is City owned ... which was one of the crilaia that City Council bad set up for us .. .if
there is land out there that citizens can identify that is adequate for an off-leash dog park. to bring it forward. I don't
know of anything and I have been involved with this since 2001 when wc put everybody on-leash except for the five
parks. So, in any event, Lauren ... just so .. .I can publicly say I am in support of doing the studies and I voced to do
them . Thank you.
Council Member Barrentine said I wanted to add that the reason that we went to the Task Force again was because I
requested that originally we were given information that the Task Force was in agreement with Belleview. When
you sat on that commission. before you got on City Council. you came with that Task Force, participated as a
member of the Englewood Parks and Recreation and it came back that Belleview Park, of the three parks that you
were looking at, was not one of the ones that you would recommend ... it was Centennial Park. I asked for the Task
Force to meet again and wa s very surprised when I found out that there were people who were representing the other
side that had been put on that Task Force before , who voled no. when I was originally told that there was absolutcly
no objection to this . So, I still have those concerns and the reason that I asked for the Task Force to meet again, I
think were valid .
Council Member Woodward said I just also want to make the point that the Parks and Rccrcatio~C ·'
unanimously made the rccommcnda110n that City Council move forward . The Task Force voted , ~
forward and City Coun ii now has voted . I bchcve ll was 6 to I to move forward . J
(v) Council Mcmoo Wolosyn :
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I . She said I would like to say that I am sorry to see Lauri Dannemilier go. I congratulate her, but I'm also
sorry to sec someone who was always professional, creative, direct and knowledgeable in everything she did in this
City. I know that in working with the Commissions that have worked on projects with her ... from ACE to Cultural
Arts .. .I have always heard such high regard spoken by members of the community towards Lauri.
2. She said I want to thank the members of the dog force . I think you are exemplary of a group that is trying
to work within the confines of City government in a positive way and I appreciate thaL
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Mayor Garren said I do want 10 make one comment. On Wednesday of last week a couple of us .. .I know Bev was
tbere and so was Olga ... we got to sec the dedication of the Habitat for Humanity home as they started the
renovation. At least from my perspective, they were smart enough not to give me a hammer, so I did not injure
myself or others when I was there. But it is a wonderful project. It was a great family that we got to meet and see
what great things they are going to be doing there. And then it happened that Bev was able to get us into the AVS
home next door that was built. It was dramatic. I can tell you that I was amazed at how nice that home is designed
on the inside and what they did to that beautiful home that now will be sold. So, it is wonderful to see sort of an
investmcm going in up on the hill and hopefully that neighborhood will start changing and looking a lot better. If
you get a chance, go see it. It was really funny that they were quite shy about speaking, but they did .in excellent job
when the family was asked to speak. So we have new residenls coming to Englewood. It should be ready in aboul
two or three months. ls what they are projecting? Ms. Bradshaw said about the middle of June . Mr. Garreu said
they are gutting the whole inside. There were some interesting nooks and crannies in the old design that sbould be
changed . So anyway, if you get a chance, drive by up on Wesley and just take a look at what they are doing. I
know a couple of Council Members are going to go swing those hammers. Ms. Bradshaw said for comic relief, if
you want to come by on the n•. Olga and I are working on the bouae together ... maybc not together but ... Ms .
Wolosyn said they might keep us apart . Mr. Bradshaw said they better keep us apart. Mr. ClarTett said they will be
supervised.
13 . City Manqer's Report
City Manager Sears did not have any matters to bring before Council.
14 . City Attorney's Report
City Attorney Brotzman did not have any matters 10 bring before Council.
MAYOR GARRETT MOVED TO ADJOURN. The meeting adjourned at 8 :30 p .m.
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Fra nk Gryglewicz, D irector o f Finance and Adrninisttative Services
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
DATE:Ap,1118,2005
PLl!ME UIIT YOUR PRl!lllffATION TO Five...,.,. I
PLEASE PRINT
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WHEREAS , <h< Hol~=::: L:,:~~::,y,~ ,-utioo md~ ~
annihilation of European Jewry by Nazi Germany and its collaborators between 1933
and 1945 ; and
WHEREAS, Jews were the primary victims -six million were murdered, and millions
of others targeted for destruction or decimation for racial, ethnic, religious or national
reasons under Nazi tyranny; and
WHEREAS, the history of the Holocaust offers an opportunity to reflect on the
moral responsibilities of individuals , societies and governments; and
WHEREAS, we the people of the City of Englewood, Colorado should always
remember the terrible events of the Holocaust and remain vigilant against hatred, persecution
and tyranny ; and
WHEREAS , we the people of the City of Englewood, Colorado should actively
rededicate ourselves to the principles of individual freedom in a just society ; and
WHEREAS , the Days of Remembrance have been set aside for the people of the City
of Englewood to remember the victims of the Holocaust as well as to reflect on the need for
respect of all peoples ; and
WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980)
the United States Holocaust Memorial Council designates Days of Remembrance for the
Victims of the Holocaust to be commemorated this year from Sunday May 1 through Sunday
May 8, 2005 . The Day of Remembrance, Yom Hashoah, is May 6'b .
NOW THEREFORE, I, Douglas Garren, Mayor of the City of Englewood, Colorado,
hereby proclaim the week of Sunday. May 1st tbrougb Sunday, May 8th, 2005 as
DAYS OF REMEMBRANCE
in memory of the victims of the Holocaust and in honor of the survivors, as well as the
rescuers and liberators and funher proclaim that we, as citizens of the City of Englewood,
C<>lorado should strive 10 overcome intolerance and indifference through learning and
remembrance .
GIVEN under my band and seai this 18rn day of April, 2005 .
Douglas Garrett. Mayor
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C
ORDINANCE NO.
SERIES OF 2005
BY AUTHORITY
COUNCIL BILL NO. 8
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF
THREE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR
THE YEAR 200S BETWEEN THE ARAPAHOE BOARD OF COUNTY
COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City Council of the City of Englewood approved the
execution of an Intergovernmental Agreement between the City of Englewood and
Arapahoe County by passage of Ordinance No. 39, Series of 1994, covering the
City's participation in the Arapahoe County CDBG Entitlement Program as extended
by Amendment No. 3, for funding years 2004 through 2006; and
WHEREAS, the Englewood City Council passed Resolution 91, Series of
2004, supporting Housing and Community Development that authorized submitting
an application for 2005 CDBG funding; and
WHEREAS, the project by the City of Englewood known as the "Housing
Rehabilitation Project" has been categorized as a rehabilitation activity; and
WHEREAS, the proj~t by '!ie , City o( Englewood known as the "House of
Hope Staffing" has been catego~zed as' a public service activity; and
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. WHEREAS, the project by the City of 1Et1glewood known as the "Homeowner
Fix-Up Project" bas been categdriz'ed as a bo~ing rehabilitation project for low-
income owner-occupied homes w,\thin designated neighborhoods in the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, THAT :
Section I. The Subgrantee Agreement for the 2005 Arapahoe County
Community Development Block Grant-Housing Rehabilitation Project, attached
hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council.
Section 2. The Subgrantee Agreement for the 2005 Arapahoe County
Community Development Block Grarit -House of Hope Project, attached hereto as
Exhibit B, is hereby accepted and · approved by the Englewood City Council.
Section 3. The Subgran~ee Agreement fo! the 200S Arapahoe County
Community Development Block Grant -Homeowner Fix-Up Project, attached
hereby as Ex hibit C, is hereby , acc~pt~d and ~PP~:Ved by the Englewood City Council.
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,. Section 4. The Mayor and City Clerk are hereby aut!iorized to sign and attest
said Agreements for and on behalf of the City of Englewood, Colorado.
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Section 5. The C ity Manager shall be authorized to further extend and/or
amend the subgrantee agreements for the 200S Arapahoe County Community
Development Block Grant Program as needed .
Introduced, read in full, and passed on first reading on the 4th day of April, 200S .
Published as a Bill for an Ordinance on the 8th day of April, 2005.
Read by title and passed on final reading on the 18th day of April, 200S.
Published by title as Ordinance No. __, Series of 200S, on the 22nd day of April,
200S .
ATTEST: Douglas Garrett, Mayor
Loucrishia A. Ellis, City Clerk
l, 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 2005.
Loucrishia A. Ellia
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SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOUSING REHABILITATION
PROJECT NUMBER: ENHS 519
This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe,
State of Colorado, for the Community Development Block Grant Program in the Community Services
Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the
SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project.
L PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974, as amended,
and of the Community Development Block Grant (CDBG) Program under this Title is the development of
viable urban communities, by providing decent housing. a suitable living environment and expanding
economic opportunities, principally for low and moderate income persons.
The project by the SubGrantee known as the Housing Rehabilitation Project (Project) has been categorized
as a Single Family Housing Rehabilitation project and the SubGrantee will maintain documentation with
the national objective of Low/Moderate Income Housing activities.
The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed"
from the County .
D. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the scope of the work to be completed:
The SubGrantee will utilize CDBG t\mding to provide low interest loans and/or grants to income eligible
homeowners for health and safety related home improvements. Typical improvements may include (but
are not necessarily limited to) plumbing, electrical systems, roofs , and HV AC work.
A. Payment
It is expressly agreed and wxlerstood that the total amount to be paid by the County under this
contract shall not exceed $132,500.00. Drawdowns for the payment of eligiole expenses shall be
made against the line item budgets specified in the Project Budget and in accordance with
performance cri teria established in Section 11-C . The parties expressly recognize that the
SubGrantee is to be paid with CDBG funds received from the federal govc:mment, and that the
obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds..
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In the event that said funds, or any part thereof, arc, or become, unavailable, then the County may
immediately terminate or amend this agreement To the extent C.R.S. § 29-1-110 is applicable, any
financial obligation of the County to the SubGrantee beyond the current fiscal year is also
contingent upon adequate funds being appropriated, budgeted and otherwise available .
Any Project funds not expended and drawn from the County by the deadline identified in Section ll.
C. 3 . below shall revert to the County and be utili7.ed for other purposes.
B. Timeline
All Project activities will be completed by May 31, 2006 unless this Agreement is modified by
mutual agreement of the County and SubGrantee.
C. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, the criteria
listed below arc to be met during the execution of the Project.
D.
1. Quantifiable Goals:
The SubGrantee will provide ten home improvement loans or grants to income eligible
Englewood homeowners. All improvements funded under this grant are to be
performed in compliance with applicable local or industry codes and Slandards .
2. Community Impact:
Affordable housing -stability and housing quality
3. Quarterly Performance Standards:
June 30, 2005:
September 30, 2005 :
December 31, 2005 :
March 31, 2006 :
May 31, 2006 :
Reporting Requirements
No requirements established
Market program, interview potential clients
Provide five rehabilitation loans/grants
Provide five rehabilitation loans/grants
Complete all renovations funded by project
Submit final drawdown and completion report to County
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1. Project reports will be due within one month following the end of each calendar year
quarter (March 31, June 30, September 30, December 31) until the Project is completed.
2. The official annual audit and/or Financial Statements for the SubGrantce in which both
revenues and expenditures for the CDBG Projects described herein are detailed are due
annually.
E. Labor Standards (Davis-Bacon)
It is determined that:
Project activities do not require compliance with federal labor standards.
F. Environmental Review
Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that
this Agreement does not constitute a commitment of funds or site approval, and that such
commitment of funds or approval may occur only upon satisfactory completion of environmental
review and receipt by Arapahoe County of a release of funds from the U.S. Department of Housing
and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any
funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or
cancel the project based on the results of a subsequent environmental review.
G. Uniform Relocation Act (URA)
Project activities do not require compliance with the Uniform Relocation _Act
H. Lead Based Paint
The maximum CDBG investment per house renovated under this project may not exceed $24,999. This
amount includes any CDBG funding used for project based administrative expenses. The SubGnmtee will
comply with all other County, state and federal policies, guidelines and requirements related to
minimizing lead hazards in residential properties, including 24 CFR Part 35 and Colorado
Regulation Nwnber 19.
m. RESPONSIBILITIES OF THE SUBGRANTEE
A. Federal Compliance
The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all
provisions of the grant agreements received from the U.S . Department of Housing and Urban
Development (HUD) by the County. These include but are not limited to compliance with the
provisions of the Housing and Community Development Act of 1974 and all tules, regulations,
guidelines and circulars promulgated by the various federal departments, agencies, adminislrations
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and commissions relating to the CDBG Program . A listing of some of the applicable laws and
regulations are as follows:
I. 24 CFR Part 570;
2. 24 CFR Parts 84 and 85;
3. Title VI of the Civil Rights Act of 1964;
4. Title VIII of the Civil Rights Act of 1968;
5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974;
6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and
Executive Order 11063;
7. Section 504 of the Rehabilitation Act of 1973;
8. Asbestos guidelines established in CPD Notice 90-44;
9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39;
10. Equal employment opportunity and minority business enterprise regulations established
in 24 CFR part 570 .904;
11. Section 3 of the Housing and Urban Development Act of 1968;
12. Non-discrimination in employment, established by Executive Order 11246;
13 . Lead Based paint regulations established in 24 CFR Parts 35 and 570 .608;
14 . Audit requirements established in 0MB Circular A-133; and
15 . Cost principles established in 0MB Circulars A-87 and A-122 .
Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the
SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or
apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any entity
registered in the Lists of Parties Excluded From Fedcnll Procurement or Nonprocurement .
Programs .
B. Non-Appropriadoas Clause
The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG
monies for funding, a non-appropriation clause that will protect itself and the County from any
liability or responsibility or any suit which might result from the discontinuance of CDBG funding
for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the
extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and
the federal statutes control rather than the provisions of Section 24-91-103 .6, C.R.S . with regard to
any public work projects .
C . Expenditure Restrictions
All CDBG funds that are appro ved by HUD for expenditure under the County's grant agreement,
including those that are identified for the SubGrantee's Projects and activities, shall be allocated to
the spec ific projects and activities described and listed in the grant agreements. The allocated funds
shall be used and expended only for the projects and activities for which the funds arc identified.
D. Agreement Changes
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No projects or activities, nor the amount allocated therefor, may be changed without approval by
the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if
required. Changes must be requested in writing and may not begin until a modification to this
Agreement is fully executed.
E. Direct Project Supervision and Administntion
The SubGrantee shall be responsible for the direct supervision and administration of its respective
projects or activities. This task shall be accomplished through the use of the SubGrantee's staff,
agency and employees. The SubGrantec shall be responsible for any injwy to persons or damage to
property resulting from the negligent acts or errors and omissions of its staff, agents and employees.
Because the SubGrantee is responsible for the direct supervision and administration of its projects
or activities, the County shall not be liable or responsible for cost overruns by the SubGrantec on
any projects or activities. The Cowity shall have no duty or obligation to provide any additional
funding to the SuuGuw~ if its projects or activities cannot be completed with the funds allocated
by the County to the SubGrantee . Any cost overruns shall be the sole responsibility of the
SubGrantce.
1. The SubGrantce agrees that all funds allocated to it for approved projects or activities
shall be used solely for the purposes approved by the County. Said funds shall not be
used for any non-approved purposes.
2. The SubGrantee agrees that the funds allocated for any approved projects or activities
shall be sufficient to complete said projects or activities without any additional CDBG
funding .
F. Indemnity
To the. extent allowed by law, the SubGrantce shall indemnify and hold harmless the County and its
elected and appointed officials, officers, employees and agents from and against any and all losses,
damages, liabilities, claims, suits, actions or costs, including attorneys fees, made, ~ or
incurred as a result of any damage or alleged damage to person or property occasioned by the acts
or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising
out of or in any way connected with the Project or the performance of this contract.
G. Bonding and Insurance
If the SubGrantee's projects involve construction activities, any Contractor it uses for said activities
shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by
such Contractor, the kinds and minimum amounts of insurance as follows:
1. Comprehensive General Liability: In the amount of not less than $1 ,000,000 combined
single limit Coverage to include :
a Premises Operations
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b. Products/Completed Operations
c. Broad Form Contractual Liability
d. Independent Contractors
e. Broad Form Property Damage
f. Employees as Additional Insured
g. Personal Injury
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h. Arapahoe County and the SubGrantec as Additional Named Insured
i. Waiver of Subrogation
Comprehensive Automobile Liability: In the amount of not less than $1,000,000
combined single limit for bodily injury and property damage. Coverage to .include:
a. Arapahoe County and the SubGrantec as additional Named Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation : The Contractor shall secure and
maintain employer's liability and Worker's Compensation Insurance that will protect
it against any and all claims resulting from injuries to and death of workers engaged
in work under any contract funded pursuant to this agreement Coverage to include
Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance shall be subject to
the following stipulations:
a. Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the SubGrantce; it being the intent of the parties that the insurance
policies so effected shall protect the parties and be primary coverage for any
and all losses covered by the described insurance.
b. The clause entitled "Other Insurance Provisions" contained in any policy
including Arapahoe County as an additional named insured shall not apply
to Arapahoe County or the SubGrantec .
c. The insurance companies issuing the policy or policies shall have no
recourse against Arapahoe Co1mty or the SubGrantee for payment of any
premiums due or for any assessments wxler any form of any policy.
d. Any and all deductibles contained in any insurance policy shall be assumed
by and at the sole risk of the Contractor.
5. Certificate of Insurance : The Contractor shall not commence work Wider any
contract funded pursuant to this Agreement until he has submitted to the
SubGrantee, received approval thereof, certificates of insurance showing that be has
complied with the foregoing insurance requirements. The SubGrantee shall also
6.
· submit a copy of the Contractor's certificates of insurance to the County.
Notwithstanding the provisions contained in this paragraph (H) set forth
hercinabove, the County reserves the right to modify or waive said provisions for
projects or activities for which these provisions would prove prohibitive. The
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SubGrantee understands, however, that the decision to waive or modify those
provisions is fully within the discretion of the County.
In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all
projects exceeding the simplified acquisition threshold:
1. A bid guarantee from each bidder equivalent to 5% of the bid price;
2. A performance bond on the part of the contractor for 100"/o of the contract price; and
3. A payment bond on the part of the contractor for 100% of the contract price.
H. Records
The SubGrantee shall maintain a complete set of books and records documenting its use ofCDBG
funds and its supervision and administration of the Project Records are to include documentation
verifying Project eligibility and national objective compliance, as well as financial and other
administrative aspects involved in performing the Project The SubGrantee shall provide full
access to these books and records to the County, the Secretary of HUD or his designee, the Office
of Inspector General, and the General Accounting Office so that compliance with Federal laws and
regulations may be confinned. The SubGrantee further agrees to provide to the Cowtty upon
request. a copy of any audit reports pertaining to the SubGrantee's financial operations during the
term of this Agreement. All records pertaining to the Project are to be maintained for a minimum
of five years following close-out of the Project
I. Reporting
The SubGrantee shall file all reports and other information necessary to comply with applicable
Federal laws and regulations as required by the County and HUD. This shall include providing to
the County the information necessary to complete annual Performance Reports in a timely fashion.
J. Timeliness
The SubGrantee shall comply with the quarterly performance standards established in Section ll-C
of this Agreement The SubGrantee understands that faillft to comply with the established
standards may lead to a cancellation of the Project and a loss of all unexpended funds.
K. Reimbursement for Expenses
The SubGrantee agrees that before the County can distribute any CDBG funds to it. the SubGrantee
must submit to the Cowtty's Housing and Community Development Services Division
documentation in the form required by that Division which properly and fully identifies the amount
which the SubGrantcc is requesting at that time. The County shall have tea (10) working days to
review the request . Upon approval of the request, th :: County will distribute the requested funds to
the SubGrantee as soon as possible .
L. Program Income
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All program income directly derived from the Arapahoe County Community Development Block
Grant Program received by the SubGrantee will be retained by the SubGrantee and will be
dispersed for its approved CDBG Project activities before additional CDBG funds are requested
from the County . Following completion of the SubGrantee's Arapahoe CoWlty CDBG Projects, all
program income directly generated from the use ofCDBG funds will be remitted to the County.
M. Real Property
Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with
the scope and goals identified in Sections I and II of this Agreement. Should the property in
question be sold or otherwise disposed of, or the approved property usage discontinued, the
SubGrantee shall adhere to the requirements of24 CFR Parts 84 or 85 (as applicable) regarding the
use and disposition of real property.
N. State and County Law Compliance
All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State
statutes and County ordinances, resolutions, rules, and regulations .
0. Subcontncts
If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement
shall apply to any subcontract.
P. Suspension or Termination
This Agreement may be suspended or terminated by the County if the SubGrantee materially fails
to comply with any term of this Agreement This Agreement may also be terminated for
convenience by mutual agreement of the Co1mty and the SubGrantee.
Q. In the event that the Unit of General Local Government should withdraw from the Coimty's
"Urban County" designation, this Agreement shall terminate as of the termination dale of the
County's CDBG grant Agreement with HUD.
R. The SubGrantce certifies that to the best of its knowledge and belief.
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of my Federal loan, the
entering into of any cooperative agreement, and the extmsion, continuation,
renewal , amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement; and,
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2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying,• in accordance with its instructions.
S. Disallowanc1:
If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the
SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantee shall reimburse the County to the full extent of the disallowance.
IV. RESPONSfflILITIES OF THE COUNTY
A. Administrative Control
The Parties recognize and unrl...stand that the County will be the governmental entity required to
execute all grant agreements received from HUD pursuant to the County's requests for CDBG
funds. Accordingly, the SubGrantee agrees that as to its projects or activities performed or
conducted under any CDBG agreement, the County shall have the necessary administrative control
required to meet HUD requirements.
8. Performance and Compliance Monitoring
The County's administrative obligations to the SubGrantce pumwit to paragraph A above shall be
limited to the performance of the administrative tasks necessary to make COBO funds available to
the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the various
projects funded with CDBG monies to monitor compliance with applicable Federal laws and
regulations.
C. Reporting to HUD
The County will be responsible for seeing that all necessary reports and infonnatioo required of the
County are filed with HUD and other applicable Federal agencies in a timely fashion.
V. EXTENT OF THE AGREEMENT
This agreement, including any documents attached as exhibits which arc hereby incorporaled herein
by reference, represents the entire and integrated agreement betw=l the County and SubGrantee
and supercedes all prior negotiations, representations or agrccmcnts, either written or oral. Any
amendments to this agreement must be in writing and signed by both the County and SubGrantee.
If any portion of this agreement is found by a court of competent jurisdiction to be void arwJ/or
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unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of
full force and effect.
In Witness Whereof, the Parties have caused this Agreement to be duly exec:uled this -----day
of 2005.
SubGrantee: City of Englewood
Signature -Douglas Garrett, !!ayor
:-tayor
Title
Board of County Commissioners
Arapahoe Co1mty, Colorado
Rita A. Pollock on behalf of the Board of County Commissioners
Pursuant to Resolution #040483
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ATTEST:
Loucrishia A. Ellis
City Clerk
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PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
,..... Actltlllll S.......T•C-11 CHG,_. CMll' ... C...-..
(apedlJ IIJ ..... , Acll,lly
~-·_;,_;_ .. $50,000 S7)00 sa.,oo
~ ....... S:W,000 Sl25.000 s·oo.ooo
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TOTAL: $275,000 $332,500 SIG,500
SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOUSE OF HOPE STAFFING
PROJECT NUMBER: CMPS 527
This Agreement is made by and between the · Board of County Commissioners of the County of Arapahoe,
State of Colorado, for the Community Development Block Grant Program in the Community Services
Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the
SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project
L PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974, as amended.
and of the Community Development Block Grant (CDBG) Program under this Title is the development of
viable urban communities, by providing decent housing. a suitable living environment and expanding
economic opportunities, principally for low and moderate income persons.
The project by the SubGrantee known as the House of Hope Staffing Project (Project) has been categorized
as a Public Services project and the SubGrantee will maintain documentation with the national objective of
\ Limited Clientcle activities.
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The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed"
from the County.
II. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the scope of the work to be completed:
The SubGrantee will utilize CDBG funding to provide staffing at the House of Hope, which provides long
term shelter and supportive services for homeless families.
A. Payment
It is expressly agreed and Wlderstood that the total amount to be paid by the County under this
contract shall not exceed $35, •. 00. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in the Project Budget and in accordance with
performance criteria established in Section 11-C. The parties c:xpressly recognize that the
SubGrantee is to be paid with CDBG funds received from the federal government, and that the
obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds.
In the event that said funds, or any part thereof, are, or become, 1m11vailable, then the County may
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immediately tenninate or amend this agreement To the extent C.R.S. § 29-l-l lO is applicable, any
financial obligation of the County to the SubGrantee beyond the current fiscal year is also
contingent upon adequate funds bein~ appropriated. budgeted and otherwise available.
Any Project funds not expended and drawn from the Cowity by the deadline identified in Section
II . C. 3. below shall revert to the County and be utilized for other purposes.
B. TimeUne
All Project activities will be completed by May 31, 2006 unless this Agreement is modified by
mutual agreement of the Cowity and SubGrantee.
C. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, the criteria
listed below are to be met during the execution of the Project.
l. Quantifiable Goals:
The SubGrantee will utiliz.e CDBG funds for the continued employment of one and
three quarter full time staff at the House of Hope (3301 South Grant Street, Englewood).
Staff members will be employed by Family Tree, which provides staffing and services
at the facility. By maintaining the one and four tenths positions, the SubGrantee will
provide services for a minimum of 7 homeless families per month for the duration of the
grant period. A total of 140 unique persons will be served by the Project
The SubGrantee may not charge fees or accept donations for services provided under
this grant.
2. Community Impact :
Homelessness -crisis management and ability to transition through the continuum of
care
3. Quarterly Performance Standards :
June 30, 2005 :
September 30 , 2005 :
December 31 , 200 5:
Provide services to 7 families
20 unique persons served
Provide services to 7 families each month
20 unique persons served
Provide services to 7 families each month
20 unique persons served
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March 31 , 2006:
May 31, 2006:
D. Reporting Requirements
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Provide services to 7 families each month
50 Wlique persons served
Provide services to 7 families each month
30 Wlique persons served
Submit final drawdown and completion report to County
1. Project reports will be due within one month following the end of each calendar year
quarter (March 31, June 30, September 30, December 31) until the Project is completed.
2. The official annual audit and/or Financial Statements for the SubGrantee in which both
revenues and expenditures for the CDBG Projects described herein are detailed are due
annually.
E. Labor Standards (Davis-Bacon)
It is determined that:
Project activities do not require compliance with federal labor standards.
F. Environmental Review ,,..
'--Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that
this Agreement does not constitute a commitment of funds or site approval. and that such
commitment of funds or approval may occur only upon satisfactory completion of environmental
review and receipt by Arapahoe County of a release of funds from the U.S. Depal1ment of Housing
and Urban Development wtdcr 24 CFR Part 58. The parties further agree that the provision of any
funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or
cancel the project based on the results of a subsequent environmental review.
G. Uniform Relocation Act (URA)
Project activities do not require compliance with the Uniform Relocation Act.
m. RFSPONSIBILITIF.S OF THE SUBGRANTEE
A. Federal Compliance
The SubGrantcc shall comply with all applicable federal laws, regulations and requin:mcnts. and all
provisions of the grant agreements received tiom the U.S. Depm1mcnl of Housma and Urban
Development (HUD) by the County. These include but are not limited to compliance with the
provisions of the Housing and Commllllity Development Act of 1974 and all rules, reguladons,
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guidelines and circulars promulgated by the various federal departments, agencies, administrations
and commissions relating to the COBO Program. A listing of some of the applicable laws and
regulations are as follows:
l. 24 CFR Part 570;
2. 24 CFR Parts 84 and 85;
3. Title VI of the Civil Rights Act of 1964;
4. Title vm of the Civil Rights Act of 1968;
5. Sections I 04(b) and I 09 of the Housing and Community Development Act of 1974;
6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and
Executive Order 11063;
7. Section 504 of the Rehabilitation Act of 1973;
8. Asbestos guidelines established in CPD Notice 90-44;
9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39;
10. Equal employment opportunity and minority busines! enterprise regulations established
in 24 CFR part 570.904;
11. Section 3 of the Housing and Urban Development Act of 1968;
12. Non-discrimination in employment, established by Executive Order 11246;
13. Lead Based paint regulations established in 24 CFR Parts 35 and 570.608;
14. Audit requirements established in 0MB Circular A-133; and
15. Cost principles established in 0MB Circulars A-87 and A-122.
Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the
SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or
apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any entity
registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement
Programs.
B. Non-Appropriations Clause
The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG
monies for funding, a non-appropriation clause that will protect itself and the Co1mty , tiom any
liability or responsibility or any suit which might result liom the discontinuance of CDBG funding
for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the
extent there is a conflict the funding provisions of this Sub0rantee Agreement, the federal grant and
the federal statutes control rather than the provisions of Section 24-91-103.6, C.R.S. with regard to
any public work projects .
C. Expenditure Restrictions
All COBO funds that are approved by HUD for expenditure under the County's grant aareemcnt,
including those that are identified for the SubGrantee's Projects and activities, shall be alloc:ared to
the specific projects and activities described and listed in the grant agreements. The allocated !i.mds
shall be used and expended only for the projects and activities for which the funds arc identified.
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D. Agreement Changes
No projects or activities, nor the amount allocated therefor, may be changed without approval by
the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if
required. Changes must be requested in writing and may not begin until a modification to this
Agreement is fully executed.
E. Direct Project Supervision and Administration ..
The SubGrantee shall be responsible for the direct supervision and administration of its respective
projects or activities. This task shall be accomplished through the use of the SubGrantee's staff,
agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to
property resulting from the negligent acts or errors and omissions of its staff: agents and employees.
Because the SubGrantee is responsible for the direct supervision and administration of its projects
or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on
any projects or activities. The County shall have no duty or obligation to provide any additional
funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated
by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the
SubGrantee.
F.
I. The SubGrantee agrees that all funds allocated to it for approved projects or activities
shall be used solely for the purposes approved by the County. Said funds shall not be
used for any non-approved purposes.
2. The SubGrantee agrees that the funds allocated for any approved projects or activities
shall be sufficient to complete said projects or activities without any additional CDBG
funding.
Indemnity
To the extent allowed by law, the SubGrantee shall indemnify and hold harmless the County and its
elected and appointed officials, officers, employees and agents from and against any and all losses,
damages, liabilities, claims, suits, actions or costs, including attorneys fees, made, asserted or
incurred as a result of any damage or alleged damage to person or property occasioned by the acts
or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising
out of or in any way connected with the Project or the performance of this contract..
G. Bondin& and lnsunnce
If the SubGrantce's projects involve construction activities, any Contractor it uses for said activities
shall be required to provide and mainlain, until final acceptance by the SubGrantec of all wodt by
such Contractor, the 1cinds and minimum amounts of insurance as follows:
I. Comprehensive General Liability : In the amount of not less than $1,000,000 combined
single limit. Coverage to include :
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Premises Operations
Products/Completed Operations
Broad Fonn Contractual Liability
Independent Contractors
Broad Fonn Property Damage
Employees as Additional Insured
Personal Injury
Arapahoe County and the SubGrantee as Additional Named Insured
Waiver of Subrogation
2. Comprehensive Automobile Liability: In the amount of not less than $1,000,000
combined single limit for bodily injury and property damage. Coverage to include:
a. Arapahoe County and the SubGrantee as additional Named Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation: The Contractor shall secure and
maintain employer's liability and Worker's Compensation Insurance that will protect
it against any and all claims resulting from injuries to and death of workers engaged
in work under any contract fimded pursuant to this agreement Coverage to include
Waiver of Subrogation .
4. All referenced insurance policies and/or certificates of insurance shall be subject to
the following stipulations:
a. Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the SubGrantee; it being the intent of the parties that the insurance
policies so effected shall protect the parties and be primary coverage for any
and all losses covered by the described insurance.
b. The clause entitled "Other Insurance Provisions" contained in any policy
including Arapahoe County as an additional named insured shall not apply
to Arapahoe County or the SubGrantee.
c. The insurance companies issuing the policy or policies shall have no
recourse against Arapahoe County or the SubGrantee for payment of any
premiums due or for any assessments under any form of any policy.
d. Any and all deductibles contained in any insurance policy shall be asswned
by and at the sole risk of the Contractor.
5. Certificate of Insurance : The Contractor shall not commence work under any
contract funded pursuant to this Agreement 1U1til be has submitted to the
SubGrantee , received approval thereof, certificates of insurance showing that be has
complied with the fo~going insurance requirements. The SubGrantee shall also
submit a copy of the Contractor's certificates of insurance to the County.
6 . Notwithstanding the provisions contained in this paragraph (H) set forth
hereinabove, the County reserves the right to modify or waive said provisions for
projects or activities for which these provisions would prove prohibitive. The
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SubGrantee understands, however, that the decision to waive or modify those
provisions is fully within the discretion of the County .
In accordance with 24 CFR parts 84 and 85 , the following bonding requirements shall apply to all
projects exceeding the simplified acquisition threshold :
l.
2.
3 .
A bid guarantee from each bidder equivalent to 5% of the bid price;
A performance bond on the part of the contractor for IOOo/o of the contract price; and
A payment bond on the part of the contractor for lOOo/o of the contract price.
H. Records
The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG
funds and its supervision and administration of the Project Records are to include documentation
verifying Project eligibility and national objective compliance, as well as financial and other
administrative aspects involved in performing the Project. The SubGrantee shall provide full
access to these books and records to the County, the Secretary of HUD or his dcsignee, the Office
of Inspector General, and the General Accounting Office so that compliance with Federal laws and
regulations may be confirmed. The SubGrantce further agrees to provide to the County upon
request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the
term of this Agreement All records pertaining to the Project are to be maintained for a minimwn
of five years following close-out of the Project
I. Repomog
The SubGrantee shall file all reports and other infonnation necessary to comply with applicable
Federal laws and regulations as required by the County and HUD . This shall include providing to
the County the information necessary to complete annual Performance Reports in a timely fashion.
J. Timeliness
The SubGrantee shall comply with the quarterly perfonnance standards established in Section ll-C
of this Agreement The SubGrantee Wlderstands that failure to comply with the established
standards may lead to a cancellation of the Project and a loss of all unexpended funds.
K. Reimbunement for Expenses
The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee
must submit to the County's Housing and Community Development Services Division
documentation in the form required by that Division which properly and fully identifies the amount
which the SubGrantee is requesting at that time. The County shall have ten (10) working days to
review the request . Upon approval of the request, the County will distribute the requested funds to
the SubGrantee as soon as possible .
L. Program Income
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All program income directly derived from the Arapahoe County Community Development Block
Grant Program received by the SubGrantcc will be retained by the SubGrantec and will be
dispersed for its approved CDBG Project activities before additional CDBG funds are requested
from the County. Following completion of the SubGrantec's Arapahoe CoWlty CDBG Projects, all
program income directly generated from the use of CDBG funds will be remitted to the CoWlty.
M. Real Property
Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with
the scope and goals identified in Sections I and ll of this Agrcemcot. Should the property in
question be sold or otherwise disposed of, or the approved property usage discontinued, the
SubGrantec shall adhere to the rcquimnents of24 CFR Parts 84 or 85 (as applicable) regarding the
use and disposition of real property.
N. State and County Law Compliance
All responsibilities of the SubGrantec enumerated herein shall be subject to applicable State
statutes and CoWlty onfuwtccs. resolutions, rules, and regulations.
0. Subcontracts
If subcontracts are used on the Project, the SubGrantcc agrees that the provisions of this Agreement
shall apply to any subcontract.
P. Suspension or Termination
This Agreement may be suspended or terminated by the CoWlty if the SubGrantec materially fails
to comply with any term of this Agrccmcnt. This Agreement may also be terminated for
convenience by mutual agreement of the County and the SubGrantcc.
Q. In the event that the Unit of General Local Government should withdraw from the County's
"Urban County" designation, this Agrccmcnt shall tmninatc as of the termination date of the
County's CDBG grant Agrccmcnt with HUD .
R. The SubGrantcc certifies that to the best of its knowledge and belief:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to intlucnce an officer or employee of
any agency , a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awardina of any Federal
contract, the malcing of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation,
renewal , amendment, or modification of any Federal contract, grant. loan, or
cooperative agreement; and,
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2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Fonn-LLL,
"Disclosure Form to Repon Lobbying," in accordance with its instructions.
S. DisaUowance
If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the
SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantee shall reimburse the County to the full extent of the disallowance.
IV. RESPONSIBILITIES OF THE COUNTY
V.
A. Administrative Control
The Parties recognize and understand that the County will be the governmental entity required to
execute all grant agreements received from HUD pmsuant to the County's requests for CDBG
fimds. Accordingly, the SubGrantee agrees that as to its projects or activities perfonned or
conducted under any CDBG agreement, the COIDlty shall have the necessary administrative control
required to meet HUD requirements.
B. Performance and Co,mpliance MoaitoriDc
The County's administrative obligations to the SubGrantce pursuant to paragraph A above shall be
limited to the performance of the administtalive tasks necessary to make CDBG funds available to
the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the various
projects funded with CDBG monies to monitor compliance with applicable Federal laws and
regulations.
C. Reporting to HUD
The County will be responsible for seeing that all necessary reports and informanon required of the
, County are filed with HUD and other applic:ible Federal agencies in a timely fashion.
EXTENT OF THE AGREEMENT
This agreement, including any docwnents attached as exhibits which are hereby incorporated herein
by reference , represents the entire and integrated agreement between the County and SubGrmtee
and supercedes all prior negotiations, representations or agrcements, either written or oral. AJ1y
amendments to this agreement must be in writing and signed by both the County and SubGrmtee .
If an y portion of this agreement is fowld by a court of competent jurisdiction to be void and/or
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w1enforccable, it is the intent of the parties that the remaining portions of this agreement shall be of
full force and effect.
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In Witness Whereof, the Parties have caused this Agreement to be duly executed this-----day
C of _____________ 2oos.
SubGrantee: City of Englewood
Signature-Douglas Garrett ATTEST:
(
:(ayor
Tide
Board of County Commissioners
Arapahoe County, Colorado
Rita A. Pollock on behalf of the Board of COWlty Commissioners
Pursuant to Resolution #040483
11
Loucrishia A. Ellis
City Clerk
PROJECT BUDGET
COLUMN A COLUMN.B COLUMNC COLUMND
Pnjecl Acllwlllol llllaallll Tani C• el CNG,._. Olllor r..c...-. __.,,., ....... , AclhtlJ
,..__. SJOS.<406 m.ooo S25S,406
' TOTAL: SJOS.406 135.000 S25S,<406
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SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOMEOWNER FIX-UP
PROJECT NUMBER: ENHS 520
This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe,
State of Colorado, for the Community Development Block Grant Program in the Community Services
Department (hereinafter referred to as the County) and the City of Englewood (bercinafter referred to as the
SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project.
I. PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974, as amended,
and of the Community Development Block Grant (CDBG) Program under this Title is the development of
viable urban communities, by providing decent housing. a sui1able living environment and expanding
economic opportunities, principally for low and moderate income persons.
The project by the SubGrantec known as the Homeowner Fix-up Project (Project) bas been categorized as a
Housing Rehabilitation project and the SubGrantee will maintain documcntalion with the national
objective of Low/Moderate Income Housing activities.
The SubGrantec may proc~ to incur costs for the Project upon receipt of an official "Notice to Proceed"
from the County.
Il. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the scope oftbc work to be completed:
The SubGrantec will utiliz.e CDBG funding to provide grants to income eligible homeowners for exterior
home improvements . The intent of the project is both to improve the Englewood's existing housing stock,
as well as improve the visual appearance of deteriorated ocigbborhoods. Typical improvements may
include (but arc not necessarily limited to) paint, siding. windows, roofs, and xcriscaping.
A. Payment
It is expressly agreed and understood that the total amoWtt to be paid by the County under this
contract shall not exceed $33,250.00. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in the Project Budget and in accordancc with
performance criteria established in Section 11-C. The panics expressly recopize that the
SubGrantec is to be paid with CDBG funds received from the federal government. and that the
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obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds.
In the event that said funds, or any part thereof, are, or become, unavailable, then the County may
inunediately terminate or amend this agreement To the extent C.RS. § 29-1-110 is applicable, any
financial obligation of the County to the SubGrantee beyond the current fiscal year is also
contingent upon adequate funds being appropriated, budgeted and otherwise available.
Any Project funds not expended and drawn from the County by the deadline identified in Section
II. C. 3. below shall revert to the County and be utilized for other purposes.
B. TimeUne
All Project activities will be completed by May 31, 2006 unless this Agreement is modified by
mutual agreement of the County and SubGrantee.
C. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, the aiteria
listed below are to be met dming the execution of the Project.
1. Quantifiable Goals:
The SubGrantee will provide grants to renovate the exterior of seven owner occupied
homes. Grants are not to exceed $4,000 each, and will require a 200/o match from each
homeowner.
All improvements completed under this grant are to be performed in compliance with
applicable local or indu.sny codes and standards.
2. Community Impact:
Affordable housing -stability and housing quality
3. Quarterly Perfonnance Standards:
June 30, 2005 :
September 30, 2005 :
December 31, 2005 :
March 31 , 2006 :
May 31 , 2006 :
Hire intern to perform project
Program marketing
Provide one renovation grant
Provide two renovation grants
Provide two renovation armts
Provide two renovation pats
Complete all renovalions funded by project
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Submit final drawdown and completion report to County
Reporting Requirements
1. Project reports will be due within one month following the end of each calendar year
quarter (March 31, June 30, September 30, December 31) until the Project is completed.
2. The official annual audit and/or Financial Statements for the SubGrantee in which both
revenues and expenditures for the CDBG Projects described herein are detailed are due
annually.
Labor Standards (Davis-Bacon)
It is determined that:
Project activities do not require compliance with federal labor standards.
F. Environmental Review
Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that
this Agreement docs not constitute a commitment of funds or site approval, and that such
commitment of funds or approval may occur only upon satisfactory completion of environmental
review and receipt by Arapahoe County ofa release of funds from the U.S. Depar1mcnt of Housing
and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any
fimds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or
cancel the project based on the results of a subsequent environmental review.
G. Uniform Relocation Act (URA)
Project activities do not require compliance with the Uniform Relocation Act.
H. Lead Based Paiat
The SubGrantcc will comply with County policies and all state and federal regulations and
guidelines related to minimizing lead hazards in residential properties, including 24 CFR Part 35
and Colorado Regulation Number 19.
m. RESPONSIBILITIES OF THE SUBGRANTEE
A. Federal Compliance
The SubGrantcc shall comply with all applicable federal laws, replations and rcquiremcnts, and all
provisions of the grant agreements received from the U.S. Depaalmeul of Housina and Urbm
Development (HUD) by the County. These include but are not limit.eel to compliana, wi1b the
provisions of the Housing and Community Development Act of 1974 and all Nies, leplllions.
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guidelines and circulars promulgated by the various federal departments, agencies, administrations
and commissions relating to the CDBG Program. A listing of some of the applicable laws and
regulations are as follows:
I. 24 CFR Part 570 ;
2. 24 CFR Parts 84 and 85 ;
3. Title VI of the Civil Rights Act of 1964;
4. Title VIII of the Civil Rights Act of 1968;
S. Sections 104(b) and 109 of the Housing and Community Development Act of 1974;
6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and
Executive Order 11063;
7. Section 504 of the Rehabilitation Act of 1973;
8. Asbestos guidelines established in CPD Notice 90-44;
9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39;
10. Equal employment opportunity and minority business enterprise regulations established
in 24 CFR part 570.904;
11. Section 3 of the Housing and Urban Development Act of 1968;
12. Non~on in employment, established by Executive Order 11246;
13. Lead Based paint regulations established in 24 CFR Parts 35 and 570.608;
14. Audit requirements established in 0MB Circular A-133; and
IS. Cost principles established in 0MB Circulars A-87 and A-122 .
Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the
SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or
apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any entity
registered in the Lists of Parties Excluded From Federal Procurement or Nonprocunment
Programs .
B. Non-Appropriations Clause
The SubGrantee agrees that it will include in every contract it enters, which relics upon CDBG
monies for funding, a non-appropriation clause that will protect itself and the County fiom any
liability or responsibility or any suit which might result from the discontinmnce of COBO funding
for any reason . Because this SubGrantee Agreement involves funds from a federal grant, to the
extent there is a conflict the funding provisions of this Sub0rantee Agreement, the federal grant and
the federal statutes control rather than the provisions of Section 24-91-103 .6, C.R.S . with regard to
any public work projects .
C. Expenditure Restrictions
All CDBG funds that are approved by HUD for expenditure under the County's grant ~
including those that are identified for the Sub0rantee's Projects and activities, shall be allocaled to
the specific projects and activities described and listed in the grant agreements. The allocated funds
shall be used and expended only for the projects and activities for wbicli the funds are identified.
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D. Agreement Changes
No projects or activities, nor the amowtt allocated therefor, may be changed without approval by
the Cowity and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if
required. Changes must be requested in writing and may not begin Wltil a modification to this
Agreement is fully executed.
E. Direct Project Supervision and Administration
The SubGrantee shall be responsible for the direct supervision and administration of its respective
projects or activities. This task shall be accomplished through the use of the SubGrantee's staff,
agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to
property resulting from the negligent acts or errors and omissions of its staff, agents and employees.
Because the SubGrantee is responsible for the direct supervision and administration of its projects
or activities, the Cowtty shall not be liable or responsible for cost ovemms by the SubGrantee on
any projects or activities. The County shall have no duty or obligation to provide any additional
funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated
by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the
SubGrantc:.
F.
I . The SubGrantee agrees that all funds allocated to it for approved projects or activities
shall be used solely for the purposes approved by the County. Said funds shall not be
used for any non-approved purposes.
2. The SubGrantee agrees that the funds allocated for any approved projects or activities
shall be sufficient to complete said projects or activities without any additional CDBG
funding .
Indemnity
To the extent allowed by law, the SubGrantee shall indemnify and hold harmless the County and its
ele-:ted and appointed officials, officers, employees and agents from and against any and all losses,
damages, liabilities, claims, suits, actions or costs, including altomeys fees, made, asserted or
incWTed as a result of any damage or alleged damage to person or property oc:casioncd by the acts
or omissions of SubGrantee, its officers, employees, agents, contracton or subcontractors. arising
out of or in any way connected with the Project or the performance of this contract.
G. Bondinc and lmuruce
If the SubGrantee's projects involve construction activities, any Contnctor it uses for said activities
shall be required to provide and maintain, until final accepeance by the Sub0nmtee of all work by
such Conl1"3Ctor, the kinds and minimum amounts of insurance as follows:
I . Comprehensive General Liability: In the amount of not less than $1,000,000 combined
single limit Coverage to include :
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a. Premises Operations
b. Products/Completed Operations
c. Broad Form Contractual Liability
d. Independent Contractors
e. Broad Form Property Damage
f. Employees as Additional Insured
g. Personal Injury
h. Arapahoe County and the SubGrantee as Additional Named Insured
i. Waiver of Subrogation
Comprehensive Automobile Liability: In the amount of not less than $1,000,000
combined single limit for bodily injury and property damage. Coverage to include:
a. Arapahoe County and the SubGrantee as additional Named Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation: The Contractor shall secure and
maintain employer's liability and Worker's Compensation Insurance that will protect
it against any and all claims resulting from injuries to and death of workers engaged
in work under any contract funded pursuant to this agreement Coverage to include
Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance shall be subject to
the following stipulations:
a. Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the SubGrantec; it being the intent of the parties that the insurance
policies so effected shall protect the parties and be primary coverage for any
and all losses covered by the described insurance.
b. The clause entitled "Other Insurance Provisions" contained in any policy
including Arapahoe Co1mty as an additional named insured shall not apply
to Arapahoe Cowity or the SubGrantee.
c. The insurance companies issuing the policy or policies shall have no
recourse against Arapahoe Cowity or the SubGrantce for payment of any
prcmiwns due or for any assessments under any form of any policy.
d. Any and all deductibles contained in any insurance policy shall be asswned
by and at the sole risk of the Contractor.
5. Certificate of Insurance : The Contractor shall not commence work under any
contract funded pursuant to this Agreement until he bas submitted to the
SubGrantee, received approval thereof, certificates of insurance showing that he bas
complied with the foregoing insurance requirements. The SubGrantee shall also
submit a copy of the Contractor's certificaJCS of insurance to the County.
6 . Notwithstanding the provisions contained in this paragraph (H) set forth
hereinabove, the County reserv~ the right to modify or waive said provisions for
projects or activiti es for which these provisions would prove prohibitive. The
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SubGrantee Wldcrstands, however, that the decision to waive or modify those
provisions is fully within the discretion of the County.
In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all
projects exceeding the simplified acquisition threshold:
1.
2.
3.
A bid guarantee from each bidder equivalent to 5% of the bid price;
A performance bond on the part of the contractor for 100°/o of the contract price; and
A payment bond on the part of the contractor for l 00°/o of the contract price.
H. Records
The SubGrantee shall maintain a complete set of books and records docwnenting its use of CDBG
funds and its supervision and adminislration of the Project. Records are to include documentation
verifying Project eligibility and national objective compliance, as well as financial and other
administrative aspects involved in perfonning the Project. The SubGrantee shall provide full
access to these books and records to the County, the Secretary of HUD or his designee, the Office
of Inspector General, and the General Accounting Office so that compliance with Federal laws and
regulations may be confinned. The SubGrantee further agrees to provide to the County upon
request, a copy of any audit reports penaining to the SubGrantce's financial operations during the
term of this Agreement All records penaining to the Project arc to be maintained for a minimum
of five years following close-out of the Project.
I. Reporting
The SubGrantee shall file all reports and other information necessary to comply with applicable
Federal laws and regulations as required by the County and HUD. This sball include providing to
the County the information necessary to complete annual Performance Reports in a timely fashion.
J. Timelines.1
The SubGrantee shall comply with the quarterly performance standards established in Section 11-C
of this Agreement The SubGrantee understands that failure to comply with the established
standards may lead to a cancellation of the Project and a loss of all unexpended funds.
K. Reimbunement for Expeues
The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee
must submit to the Collllty's Housing and Community Development Services Division
documentation in the fonn required by that Division which properly and fully identifies the amount
which the SubGrantee is requesting at that time. The County shall have ten ( 10) working days to
review the request. Upon approval of the request, the County will distribute the requested funds to
the SubGrantee as soon as possible .
L. Program Income
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All program income directly derived from the Arapahoe County Community Development Block
Grant Program received by the SubGrantee will be retained by the SubGrantee and will be
dispersed for its approved CDBG Project activities before additional CDBG funds are requested
from the County. Following completion of the SubGrantec's Arapahoe Cowtty CDBG Projects, all
program income directly generated from the use ofCDBG funds will be remitted to the Cowtty.
M. Real Property
Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with
the scope and goals identified in Sections I and II of this Agreement Should the property in
question be sold or otherwise disposed of, or the approved property usage discontinued, the
SubGrantee shall adhere to the requirements of24 CFR Parts 84 or 85 (as applicable) regarding the
use and disposition of real property .
N. State and County Law Compliance
All responsibilities of the SubGrantec enumerated herein shall be subject to applicable State
statutes and County ordinances, resolutions, rules, and regulations.
O. Subcontncts
If subcontracts arc used on the Project, the SubGrantee agrees that the provisions of this Agrccmcnt
shall apply to any subcontract
P. Suspension or Termiaadon
This Agreement may be suspended or tcnninatcd by the C0wtty if the SubGrantec materially fails
to comply with any term of this Agrccmcnt This Agreement may also be terminated for
convenience by mutual agreement of the Cowtty and the SubGrantec.
Q. In the event that the Unit of General Local Government should withdraw from the County's
"Urban County" designation, this Agrccmcnt shall terminalc as of the termination elate of the
County's CDBG grant Agreement with HUD.
R. The SubGrantee certifies that to the best of its knowledge and belief:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to intlucnce an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in conncction with the awardina of any Fcdcral
contract, the making of any Federal anm. the IDlkina of my Fcdcral loan, the
entering into of any cooperative agreement, and the extension, conlinuaaion,
renewal , amendment, or modificalion of any Federal contract, pant, loan. or
cooperative agreement; and.
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2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of l...,ngress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Fonn-LLL,
"Disclosure Fonn to Report Lobbying." in accordance with its instructions.
S. Disallowance
If it is determined by HUD or other federal agency that the expenditure. in whole or in part, for the
SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantcc shall rcimbW"SC the County to the full extent of the disallowancc.
IV. RESPONSIBILITIES OF THE COUNTY
A. Administrative Control
The Parties recognize and understand that the County will be 1hc govcmmcntal entity required to
execute all grant agrcem~ts received from HUD pursuant to the County's requests for CDBG
funds. Accordingly, the SubGrantec agrees that as to its projects or activities performed or
conducted under any CDBG agrccmcnt, the County shall have the necessary administrative control
required to meet HUD requirements.
B. Performance aad Compliance Monitorinc
The County's administrative obligations to the SubGrantcc pursuant to paragraph A above shall be
limited to the pcrfonnance of the 3dministrative tasks necessary to make CDBG funds available to
the SubGrantcc and to provide a Monitoring Specialist whose job it will be to monitor the various
projects funded with CDBG monies to monitor compliance with applicable Federal laws and
regulations.
C. Reporting to BUD
The County will be responsible for seeing that all necessary reports and information required of the
County arc filed with HUD and other applicable Federal agencies in a timely fashion.
V. EXTENT OF THE AGREEMENT
This agreement, including any documents attached ~ exhibits which are bcn:by incorporated bcn:in
by reference, rcprcscnts the entire and integrated aarecmcnt between the County and SubGraalee
and supen:cdcs all prior negotiations, repn:sentalions or apcmen1S, either written or oral. Any
amendments to this agreement must be in writing and signed by both the County and SubGraalee .
If any portion of this agreement is fowv:t by a court of competent jurisdiction to be void and/or
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unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of
full force and effect.
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In Witness Whereof, the Parties have caused this Agrccmcnt to be duly executed this -----day
of ___________ ___, 2005.
SubGrantec: City of Englewood
Signature -i)ouglas Garrett
Mayor
Title
BOl!f(l of County Commissioners
Anpahoc County, Colorado
Rita A. Pollock on behalf of the Board of County Commiaioners
Pursuant to Resolution #040483
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ATTEST:
Loucrishia A. Ellis
City Clerk
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PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
Pnjld Aalollla ........ T ... C..11 CNGhMI a.. ...... c....... (~.., .. ...., MIMIJ
-.1111ry.,... 14,2$0 14,2$0 so
l'lajlcl I . • alw ..,-$3,000 Sl,000 SZ.000
Oral ...... $35,000 m.ooo $7,000
TOTAL: SG,250 SJl.250 •.oao
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ORDINANCE NO.
SERIES OF 2<J9S .
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BY AUTHORITY
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COUNCIL BILL NO. 9
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE APPROVINC/A TEMPORARY CONSTRUCTION EASEMENT
AND A CITY DITCH CROSSING LlCENSE AGREEMENT BETWEEN THE CITY
OF ENGLEWOOD, COLORADO, AND MICHAEL P. DRYER FOR THE
INSTALLATION OF A FENCE ENCROACHING INTO THE CITY OF
ENGLEWOOD'S EASEMENT AT 4901 SOUTH LIPAN DRIVE.
WHEREAS, Michael P. Dryer submitted a City Ditch Crossing License Agreement
and a Temporary Construction Easement in order to install and maintain a 133' of 6'
cedar fence within the City of Englewood's easement along the City Ditch at 4901
South Lipan Drive; and
WHEREAS, Michael Dryer desires to construct the 6' fence in order to provide an
enclosed yard for privacy; and ·
WHEREAS, the License Agreement will aUo~ Michael Dryer to install and
maintain a fence in the existing City Ditch case~ent for improved appearance and to
minimize maintenance and safi:ty concerns on his property; and
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WHEREAS, Michael Dryer assumes full and strict liability for any and all damages
of every nature to persons or property caused by the point or points where the
Licensee performs any work in connection with this License; and
WHEREAS, the City reserves the right to make full use of the property necessary
to the operation of the City Ditch; and
WHEREAS, the City retains all rights tQ operate, maintain, install, repair, remove
or relocate any of its facilities located within the City's Right-of-Way; and
WHEREAS, the Englewood Water and Sewer Board recommended Council
approval by Ordinance of the License Agreement to maintain that ponion of City
Ditch at their March IS, 2005 meeting.
NOW, THEREFORE, BE IT ORDAINED1BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT : '
Section 1 ·. The City Council for the City of Englewood, Colorado, hereby -
approves the City Ditch Crossing License Agreement and the Temporary
Construction Easement between the City of Englewood and Michael P. Dryer for the
installation of a fence encroaching into the City of Englewood's Easement and to
maintain such portion of the City Ditch located at 4901 South Lipan Drive, attached
hereto as Exhibits A and 8 .
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Sectjop 2 The Chairman of the Englewood Water and Sewer Board and Director
of Utilities are hereby authorized to sign said City Ditch Crossing License Agreement
and Temporary Construction Easement at 4901 South Lipan Drive.
Introduced, read in full, and passed on tint reading on the 4'~ day of April, 200S.
Published as a Bill for an Ordinance on the 8th day of April, 200S .
Read by title and passed on final reading on the 18th day of April, 200S .
Published by title as Ordinance No. _, Series of 200S, on the 22nd day of April, 200S.
ATTEST: Douglas Garrett, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of EnaJewood, Colorado, hereby
certify that the above and foregoing is a true copy of the Ordinance passed oa final
readina and published by title u Ordinance No. __, Series of 200S.
Loucrisbia A. Ellis
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IJCENSE · CITY PITCH CROSSING AGREEMENT
THIS LICENSE AGREEMENT, made and entered into u ofthia day of
_____ _. 19_ by and between the CITY OF ENGLEWOOD, a municipal d,o;z::;r ,t~r;z· herein referred to aa "City", and
herein referred to u "Licenaee•.
WITNESSETH: The City without any warranty of ita title or interes; whatsoever, hereby
authorizes Lic~nsee, its successor, i , to install a fzac.11 t:'ll°d2S:t;;6~
otf.,!~~~~ ~igitch. described as a ~~!:Ud situated in the_
Township Range cf the
___________________ .P .M., County of Arapahoe, State of
Colorado described as follows :
l'~-r I w/1,&-/.l~R. s~
The above-described parcel contains (2 .. -{c,J/ Ae-t~ 5 more orlcu
1. Any construction contemplated or performed under t!:us License shall comply with and
conform to standards formulated by the Director of Utilities of the City and such comtruction
shall be performed and completed accordin( tp the plans, conaiating of one sheet. a copy of
which is attached hereto and made a part hereof.
2 . The Licensee shall notify the City's Director of Utilities at least three (3) daya ~ to tha
time of co mmencement of the construction of, or any repain made to, LiceDNe 's ~d
______________________ so that the City may , in ita
discretion, inspect such operations.
3 . Within thirty (30) days from the date of the commencement of conatruction of said~C:
the Licensee s hall complete such construction. place and maintain permanent. vi.lible
'markers, of a type and at such locationaas dtai!Pl8ted by the City'• Director of Utilities,
referring to the centerline of the installation and ahall clear the aouinc area of all
construction debris and restore the area to ita previoua condition u naar u may be
reasonable. In the event the plani.nt of the centarline marken and the clearinc and
rest oration of the crossing area ii not completed within the time speciflad. the City may
complete the work at the sole expenae of the Lice-.
4 . The City shall have the nsht to maintain, inltall. npari, NmOft or ralocata the City
Ditch or any other of its facilities or inatallatioaa within the City's ricbta-of-way, at any tilu
and in such manner as the City dHma necnu,y ar CODftment. The City NNJ'\198 the
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exclusive right to control all easements and installations. In the event the /ii::,utt;J;?
---------should interfere with any future use of the City's righta-of-way by the
City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove
its installations so as not to interfere with any such use.
5. Any repair or replacement of any City installation made n~, jD the opinion of the
City's Director of Utilities because of the construction of the ~A/ C:
--------------------------or other appurtenant
installation thereof, shall be made at the sole expense of the Licensee.
6. The stipulation and conditions of this License shall be incorporated into contract
specifications if the construction herein authorized is to be done on a contract basis.
7. The rights and privileges granted in this License shall be subject to prior agreements,
licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole
responsibility to determine the existence of said documents or conflictinc uses or
installations.
8. The Licensee shall contact and fully cooperate with the City"s personnel and the
construction shall be completed without interference with any lawful, usual or ordinary flow
of water through the City Ditch. Licensee shall assume all risks incident to the possible
presence of such waters, or of storm waters, or of surface waters in the City Ditch.
9 . All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the
original ground line in layers not to excee six (6) inches loose measure to a compaction of
ninety percent (90%) Standard Proctor Maximum Density.
10 . Licensee, by acceptance of this License , expr4essly assumes full and sµ-ict liability for
any and all damages of every nature to person or property caused by water from the ditch
leaking through the ditch banks or pipeline at the point or points where the Licensee
performs any work in connection with the crossing provided by this License. The Licensee
assumes all responsibility for maintenance of the installation.
11. Licensee shall indemnify and save harmless the City, its officers and employees,
against any and all claims, damagtes, acctio~~uses of action and expenses to which it
or they may be subjected by reason of said -~-=='-"''4,__.r..__._~.__ __________ _
being within and across and under the premises of the City or by reason of any work done or
omission made by Licensee , its agents or employees, in connection with the construction,
replacement, maintenance or repair of 3aid installation.
12. It is expressly agreed that in case of Licensee's breach of any of the within promises , the
City may, at its option. have specific performance thereof, or sue for damages resulting from
such breach.
13. Upon abandonment of any right or privilege herein granted. the richt of Licensee to that
extent shall terminate, but its obligation to indemniCY and save harmlesa the City, ita
officers and employees, shall not terminate in any event.
In granting the above authonzation, the City reserves the richt to make full uae of the
property involved as may be necesaary or convenient in the operation of the water worlu
plant and system under the control of the City.
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In granting the above authorization, the City reserves the right to make full use of the
property involved as may be necessary or convenient in the operation of the water works
plant and system UDder control of the City.
IN WITNESS WHEREOF this instrument bas been executed as of the day and
year first above written.
CITY OF ENGLEWOOD
By.-------------~ Stewart H. Fonda
Director of Utilities
City of Englewood
The undersigned officer of ______________ bas read the
foregoing License and agrees for an on behalf of said _______________________ tbatnwill
accept and will abide by all the terms and conditions thereof:
LICENSEE: -~a
By.------------~
Title:-------------
Notary: .
;(;r,~ «,r& tu.1LLJ
My commission expires:
Address : ___________ _ 4-J§'-01
Phone : ___________ _
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155.22
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C:' r_t_ ~•;f H z ASPHALT PAD
APPROXIMATE CENTERLINE OF CIT~ OITCH--48• PIPE
LICENSE AGREEMENT FOR CITY DITCH
4901 S. LIPAN DRIVE, ENGLEWOOD, CO.
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TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construfaio~ent (the Temporary Easement) is entered into
this_ day of , 2~ :iTi'dbetwcen the City of Englewood. Colorado, a
municipal corporation of the state of Colorado, acting by the through its W au:r and Sewet
Board (Grantor) and 8<~ ..... z-1--,,,"!~f-.a~~r-,~y.-.::_&1 _____ (_Gran_te_e-).---
WHER.EAS, The City of Englewood owns a right-of-way for the City Ditch, a carriet
ditch (City Ditch ROW) which is located as described on Exhibit A.
~~..,~~r'-....£o~;c.,..,g,.. desires to install a fe1/c:? ¢'AlcJo'1;7~ t,, AJ'
-"""'-....:~~--:11~..1.-~+:----:-------within the City Ditch ROW
NOW, THEREFORE . In consideration of the murual covenants of the parties,
more particularly hereinafter set forth. the adequacy and sufficiency of which are hereby
acknowledged. it is agreed as follows:
1. Temp=='°n\=ri~nE~~t Englewood (as ~cantor) hereby ~ts
tot!!~~-[. t!... /l~~J~ (as Grantee), ns successors, assigns,
contractors, and sub...:onttactors, a non~xclusive temporary constrUCtion
e:isement through. ~over_• under and 3Cl'OSS the City Ditch ROW for the
installation of a .rt::Y'./ c...e ........ ~-='-"---------
-------,....,..-~-----------Pursuant to a
license agreement (the Project).
2. Term offasement. The Project will begin no sooner than 'f-//-c;,.f and
will be completed no later than //-I-of . Completion of the Project
will be deemed to have occurred upon inspection and approval of the Project
by Grantor and this Temporary Easement will be deemed to have terminated
upon such completion.
3. Access . Grantee shall have the temporary non-exclusive right to enter the
City Ditch ROW for any reasonable purpose necessary or prudent for the
construction of the Project subject to the following restrictions: 1) normal
working hours shall be consistent with COOT construction hours, Monday
through Friday and 2) the opctation of c:quipment and be:lvy trucks will be
permitted on the Englewood City Ditch ROW only during normal working
hours .
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4. Restoration. Upon completion of the Project, Grantee will perform such
resmration and regrading as is ncccssary or prudent to restore the surface area
of the City Ditch ROW to its original condition.
s. Indemnjfication. c,aneac;te me aecnc pexmittcd e, me la .. .,•*' ,-;;:J
aga&ai~frh• ilillce efCele!M8, hereby agrees to be liable and bold
harmless the City of Englewood, its employees. tenana, and guests 1iom any
and all claims, causes of action, and liability which may occur u a result of
the negligent or wrongful acts of Grantee in the construction of the Project,
including the cost of defending against such claims.
6. l.il!illir!-Grantee hereby aclcnowlcdgcs that it understands that there is water
flow in the City Ditch from April I to :Sovcmbcr I of each ye:Jt and that it
will assume liability for any damage to adjoining property caused by water
flow resulting from damage to the City Ditch caused by the Grantee 's
construction activities .
7. Insurance. Grantee shall maintain in full force and effect a valid policy of
insurance for the Project in the amount of 5600 ,000 .00 property coverage and
5600,000 .00 liability coverage. Grantee further 3gl'eCS that all its employees,
contractors l!ld sub-concractors working on :he Project shall be covered by
adequate Workers Compensation insurance.
8. Assjgnment. This Temporary Construction E3sement is assignable only with
the written permission of Englewood, which permission will not
unre:isonably withheld. conditioned or delayed.
IN \vlTNESS WHEREOF, the parties hereto have :xecutcd this temporary
construction Easeme:it on the date and day first written above.
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In granting the above authorization, the City reserves the right to make full use of the
property involved as may be necessary or convenient in the operation of the water works
plant and system under control of the City.
IN WITNESS WHEREOF this instrument bas been executed as of the day and
year first above written.
CITY OF ENGLEWOOD
Stewart ij. Fonda
Director of Utilities
City of Englewood
Chairman
Englewood Water and Sewer Board
The undersigned officer of ___ d:~----------hu read the
foregoing License and agrees ..Ji~oii behalf of said
_ac_c_cp_t_an_d_w_i_ll_ab_id_c_b_y_all~~""""e"""tcnns-1---and--,.-co-ndi-,-.ti-ons-therco--f.------tbat it will
LICENSEE: _
~~ Notary:
By. ____________ _ ixJn,;{441 i 41dfJ
Title:------------My c:omrnivioo expires:
Address: 4(?c1 /;&,, L1~et'!'
e~~4@~~
Phone : ,2L'J 3: ?,4!-/f2(
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C' 'I' ~'1:f '" z ASPHALT PAO
APPROXIMATE CENTERLINE OF CITY DITCH--48" PIPE
LICENSE AGREEMENT FOR CITY DITCH
4901 S. LIPAN DRIVE, ENGLEWOOD, CO.
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 18, 2005 11 a i Intergovernmental Agreement between
the City of Englewood and Arapahoe
Community College
Initiated By: Staff Source:
Community Development Janet Grimmett, Housing Finance Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council has passed various Ordinances since 2002 authorizing agreements with Arapahoe
Community College for the Area Career and Technical School to build single-family residences
at various locations within the City of Englewood.
RECOMMENDED ACTION
The Community Development Department recommends that City Council approve a Bill
for an Ordinance authorizing the execution of an Intergovernmental Agreement (IGA) with
Arapahoe Community College for the Area Career and Technical School for the school
year of 2005/2006 to build one single-family residence at 2350 South Zuni Street, one of
the sites created through the resubdivision of land surrounding 2399 West Wesley Avenue.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood first became involved with the Arapahoe Community College and
the Area Career and Technical School (ACTS) during 1985 when the principal of
Colorado's Finest Alternative High School contacted City staff for assistance in expanding
the building trades program.
The ACTS program serves Arapahoe Community College and five school districts including
Englewood. Every student is exposed to all of the building trade>s (i.e. framing, drywall,
masonry, electrical, plumbing, HVAC, etc.). They learn to appreciate how each trade
affects the other. Students are of all ages (men and women alike) and come from all
backgrounds .
City staff will act in the role of the developer providing construction funds from the
Housing Rehabilitation Fund (Fund 46). A site contractor will be hired to coordinate the
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day-to-day bu ilding activities with the ACTS instructor and students . The house will be sold
after completion of the project and the proceeds returned to Fund 46 .
Community Development staff will finalize the design of the house that the students will
build during the school year. Attention will be given to selecting a design that supports a
good quality level of materials, a design which is appropriate for the neighborhood and
community and, finally, a product that is marketable within the neighborhood.
The site for the 2005/2006 school year will be one of the lots created through the
resubdivision of land surrounding 2399 West Wesley Avenue. The land is already owned
by the City, purchased with funds from the Housing Rehabilitation Fund.
FINANCIAL IMPACT
The existing employees in Community Development are available to administer the project
and their salaries and benefits are part of the City's contribution.
LIST OF ATTACHMENTS
Bill for an Ordinance.
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ORDINANCE NO.
SERIES OF 2005
BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 10
INTRODUCED BY COUNCIL
MEMBER~~~~~-
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND
TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD PERTAINING TO
THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2350 SOUTH ZUNI
STREET, ENGLEWOOD, COLORADO.
WHEREAS, the City Council of the City of Englewood has committed to reviewing
options for housing and developing a strategy to enhance diverse housing options in the
community; and
WHEREAS, the City of Englewood became involved with Arapahoe Community
College Area Career and Technical School (ACTS) during 1985 when the principal of
Colorado's Finest Alternative High School contacted the City for assistance in
expanding the building trades program; and
WHEREAS, the ACTS program was able to offer a two year Comprehensive
Building Trades program for high school students and adults to have a "hands-on"
experience in building a home from the ground up throughout the school year; and
WHEREAS, City will act in the role of the developer by providing construction
funds from the Housing Rehabilitation Fund and a site contractor will be hired to
coordinate the day-to-day building activities with the ACTS instructor and students; and
WHEREAS, the site, with house, will be sold after completion of the project and the
proceeds will be returned to the Housing Rehabilitation Fund;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Section I. The City Council of the City of Englewood, Colorado hereby
authorizes the Intergovernmental Agreement between the Arapahoe Community
College/ Area Career and Technical School and the City of Englewood, a copy of
which is marked as "Exhibit A" and attached hereto.
Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest
said Intergovernmental Agreement on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 18th day of April, 2005 .
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Published as a Bill for an Ordinance on the 22nd day of April, 200S .
Douglas Garrett, 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 18th day of April, 200S.
Loucrishia A . Ellis
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AGREEMENT
This Agreement, made this __ day of 2005, is between the
CITY Of ENGLEWOOD, COLORADO (the City), and the ARAPAHOE COMMUNITY
COLLEGE/AREA CAREER AND TECHNICAL SCHOOL (ACC/ACTS) of 5900 South Santa
Fe Drive-#AD 427, P. 0 . Box 9002, Littleton, Colorado 80160-9002.
WHEREAS, the City desires to assist the students in the ACC/ ACTS program to gain
experience for their Comprehensive Building Trades ACTS classes; and
WHEREAS, ACC/ACTS desires to provide practical on-the-job experience to Student
Laborers regularly enrolled in its Comprehensive Building Trades classes;
NOW, THEREFORE, in consideration of the mutual promises made herein the parties
agree as follows :
ARTICLE I -DUTIES
A. ACC/ACTS :
1. ACC /ACTS shall provide student laborers to perform construction jobs related to
the construction of a dwelling located at 2350 South Zuni Street (the "Project''),
according to the plans and specifications to be provided by the City . ACC/ACTS
shall provide work crews in separate classes.
2. ACC/ACTS shall instruct the Student Laborers in the construction trades' skills,
which they will need in order to perform their tasks in the construction of the
dwelling . ACC / ACTS makes no representations that the Student Laborers will be
skilled in the tasks they are asked to perform by the City . (See attached Task List
outlining responsibilities of the City and ACC/ACTS.
3. ACC/ACTS shall make available at the constniction site for use by the Student
Laborers in construction of the dwellin1, band and power tools, except those
mentioned in Article l-B. 3, as ACC/ACTS shall deem adequate in quality and
quantity . To the extent t.hat other equipment is needed for the Project and is
available without cost to ACC / ACTS, ACC/ ACTS shall provide the equipmenL All
other equipment shall be the responsibility of the City .
4. Transportation will be the responsibility of the student laborers and/or school
districts where applicable and provided.
8 . THE CITY :
1. The City shall manage and supervise the construction Project. The City shall
obtain all permits, licenses, inspections and certificates, blueprints and utilities
{temporary service).
2. The City shall pay the costs of all materials used on the Project, for all
subcontraetors other than ACC/ ACTS and 311 other costs associated with the
Proj ect, e:tcept those which are to be paid by ACC/ ACTS u set forth in this
Agreement .
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3. The City shall provide each Student Laborer with the following tools or acceptable
substitute: Tool Belt -Atchison A427-SP, Framing Hammer Stanley -Sl649, Tape
Measure -25' 33-425, Safety glasses UVEX S 129, Combination Square Stanley
46222, Chalk Line -Stanley 47-051, Utility Knife -Stanley 10-299, Hard Hat-
OSHA approved. The City shall not be responsible for the replacement of any
tools, which are lost or stolen. If the Student Laborer completes the coune, he or
she shall be allowed to keep any of the tools remaining in his or her possession.
4. The City shall contribute $30 .00 per Student Laborer toward the cost of jackets for
each Student Laborer.
5. The City shall have the right to object to the involvement or prevent the future
involvement of any Student Laborer in the Project for failure to adhere to
instruetions of the City or its agents, violation of safety rules, and conduct which
may be harmful to the City, any of its officers, directors, agents or invitees or to
any other Student Laborer, or conduct which would constitute a misdemeanor or
felony . Every effort will be made to see completion of the Project within one
school year.
6 . The City shall require that subcontractors, other than ACC /ACTS, shall take
reasonable time to explain the work they are performing. It is expressly agreed
that these explanations are merely incidental to the work to be performed by such
subcontractors and are to interfere :is little as practicable with the subcontractors'
other duties .
ARTICLE II LIABILITY
A. ACC/ACTS through the Consortium Districts shall maintain, at the District Member's
sole cost, adequate Workers' Compensation Insurance coverage for the Student
Laborers, during all times during which Student Laborers are working on the Project.
ACTS Consortium Districts shall provide evidence of insurance upon the expiration and
renewal of any term of insurance or upon any change in Workers' Compensation
Insurance coverage to ACTS Consortium Districts. '
B. The City will not bold ACC / ACTS responsib'ie for products and completion insurance
coverage.
C. The City shall maintain liability coverage for the Project.
D. ACC /ACTS shall provide an acceptable waiver of liability for each Student Laborer.
E . All personal property belonging ACC / ACTS or the Student Laborers that is in or on the
Project shall be there at the risk of ACC /ACTS . The City, its agents, directors or
employees shall not be liable for :my damage thereto, unless such damage was caused
directly by the City, its agents, directors or employees. The City shall not be
responsible for providing security for a personal property left on the job site by
ACC/ACTS or the Student Laborers .
ARTICLE m -TERMINATION
A . Either party may terminate this Apeement at any time upon 30 days written notice
mailed or delivered to the :lddress set forth above . The parties apee that prior to
termination of this Agreement by this provision, the parties shall meet or attempt to
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meet to resolve any dispute. Either pany may, for any reason whatsoever, terminate
this Agreement after any such meeting or attempted meeting pursuant to this
provision. Neither party shall be liable to the other for any actual or perceived lack of
good faith in attempting to resolve any dispute in accordance with this provision.
8. In the event of termination, the panics shall have no funher obligation whatever under
this Agreement and the Student Laborers may keep any tool belts and tools, which have
been, supplied them.
C. This Agreement may also be terminated if an acceptable site is not provided by the
City by a date mutually acceptable to the parties.
ARTICLE IV -EOUAL OPPORTUNITY
ACC/ ACTS shall adhere to all federal, state and local statutes, ordinances and regulations
including, but not limited to, equal opportunities and civil rights laws.
ARTICLE V -w AIYER
No waiver of any provision of this Agreement shall be construed to be a waiver of any
subsequent breach of the same or any other provision of this Agreement.
ARTICLE YJ -INTEGRATION
Any and all prior agreements between the parties hereto with respect to the subject matter of
this Agreement are hereby canceled and terminated. No amendments to this Agreement shall
be made other than by a written amendment signed by all the parties.
ARTICLE YJI -ATTORNEYS' FEES
In the event of any action or proceeding brought by either party against the other under this
Agreement the prevailing pany shall be entitled to recover all expenses incurred therefore,
including but not limited to, reasonable attorneys' fees.
ARTICLE YIII -GOVER..!>iING LAW
This Agreement is made and entered into in the State of Colorado, and shall in all ways be
governed and construed by the law of such State.
ARTICLE IX -INDE.'<ING
All indexing set forth in the margin of this Agreement arc intended for convenience only and
shall not control or affect the meaning, construction or effect of this Agreement or of any
of the provisions thereof.
ARTICLE X -SEVERABILIIY
If any provision of this Agreement is adjudicated invalid or against public policy for my
reason by a court of competent jurisdiction, it is specific3.lly intended tbal ach ad nay
provision not so invalidated shall remain in full force and effect.
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ARTICLE XI -HEJRS suCCFSSQRS AND ASSIGNS
This Agreement shall inure to the benefit of and constitute a binding obligation upon the
conll'ICring parties and their respective heirs, successon and assigns.
ARAPAHOE COMMUNITY COLLEGF.I
AR.EA CAREER AND TECHNICAL SCHOOL
8y: __.....fLl~& ........ &~.,,·---
Carol O'Brien, ACTS Director
ARAPAHOE COMMUNITY COLLEGE
ARAPAHOE COMMUNITY COLLEGE
By~
CITY OF ENGLEWOOD
By : --------------Douglas Garrett, Mayor
ATTEST :
Loucrisbia A. Ellis, City Clerk
Date: '--14.,.0 )'.
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CITY OF ENGUWOQQ
Temp Service set
All legals and land permits
Contractor License to Excavation
Foundation
Underground Plumbing
Trass order
Exterior (siding)
Gutters
Garage OH door
HVAC
Rough plumbing
Rough electrical
Insulation
Drywall fmish/texture
Painting interior & exterior
Ceramic tile
Concrete drive/walk
Cabinets & tops
Finish plumbing
Finish electrical
Floor coverinp
Sprinklers/landscape
Provide a boom truck if needed
• This task list can be adjusted by
require an adjustment
TASICLIST*
ACC/ACTS CAllSD AND
UCRNICAL KBQOL
Back brace roamdarioa
Floor tnmina/subftoor
Wall~
RoofTnm/Scick build
Roof sbmbin1 dry in
Sbiaps (3 tab)
Window/Exterior doon
ffanadrywall
All lnaerior doors
Clolec shelves
Cue Base aim
Window sills
Medicine cabinels
Towel ban .I T.P.
Hlnlwllw
Sec appliances .(no built in oven)
•ial apeemaa oldie (2) panics sllould scMduliaa
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 18, 2005 11 a ii Ordinance to Authorize the Sale of
2377 West Wesley Avenue
Initiated By: Staff Source:
Community Development Department Janet Grimmett, Housing Finance Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved Ordinance 83, Series 2000 acquiring 2399 West Wesley Avenue . This property
was also approved for resubdivision into four sites. 23 77 West Wesley Avenue is one of the
created sites.
Council approved Ordinance 27, Series 2004 authorizing an lntergovemmenQI Agreement (IGA)
with the Arapahoe Community College for the Area Career and Techniul School to build one
single.family residence.
RECOMMENDED ACTION
The Community Development Department recommends that City Council ~ove a BiU for an
Ordinance authorizing the sale of 2377 West Wesley Avenue .
BACKGROUND, ANALYSIS, AND ALTERNATIVES 1DfN11flf0
The Arapahoe Community College Area Career and Technic• School (ACTS) is completing the
construction of a single.family house at 2377 West Wesley AVffl\le. The house is intended to be
sold upon completion of construction. The house is schNtuled for completion by the end of May
2005 . The initial sale price will be based on a mart.et aflMYSis to be obtained at the completion of
constru c tion . The sale price will cover the costs of land acquisition, construction, and realtor's fee .
All proceeds from the sale will be returned to the Housing Rehabihution Fund (Fund 46).
In the event that interest is expressed in the property by any City of Englewood employee, their
family members, or any business in which a City employee has a financial interest, the issue will be
brought back to City Council for final approval of the sale .
FINANCIAL IMPACT
Fund 46 covers all cos ts of development. Th re is no other financial impact to the City.
LIST OF ATTACHMENTS
Bill for an Ordinance.
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ORDINANCE NO.
SERIES OF 2005
BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 11
INTRODUCED BY COUNCIL
MEMBER ------
AN ORDINANCE Atrl'HORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 2377
WEST WESLEY AVENUE PURSUANT TO TIIE INTERGOVERNMENTAL AGREEMENT
BE.TWBl!N THE CITY OF ENGLEWOOD AND ARAPAHOB OOMMUNITY COLLEGE/AREA
CAREER AND TECHNICAL SCHOOL.
WHEREAS, the City of Englewood and Arapahoe Community College/Alea Career and
Technical School (ACTS) became involved in a two-year Comprehensive Building Trades program
for high school stude;,ii ;..,.! ...!' .. ::s to have a "hands-on" experience in building a home from the
ground up throughout the school year; and
WHEREAS, the City acted as developer by providing construction funds from the Housing
Rehabilitation Fund and a site contractor was hired to coordinate the day-to-day building activities
with the ACTS instructor and students; and
WHEREAS, the house was built at 2377 West Wesley Avenue per Ordinance No. 27, Series of
2004, with the proceeds of any sale to be returned to the Housing Rehabilitation Fund; and
WHEREAS, the house at 2377 West Wesley is nearing completion and ready for sale in the near
future .
NOW, TIIEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~. City Council hereby authorizes the sale of 2377 West Wesley Avenue in the ACTS
Program, which property is legally described as follows :
Lot 2, Southlawn Gardens Annex, Filing No . 4
County of Arapahoe, State of Colorado.
~. The Mayor and City Clerk arc authorized to sign and attest all papen necessary to
complete this sale .
Introduced, read in full, and passed on first reading on the 18th day of April, 2005.
Published as a Bill for an Ordinance on the 22nd day of April, 2005 .
Douglas Garrett, Mayor
ATTEST :
Loucrishia A . Ellis , City Clerk
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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 18th day of April, 2005.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 18, 2005 11 a iii Phase II Stormwater Permit with the
Englewood School District
Initiated By: Staff Source:
Utilities Department Stewart H . Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The original Stormwater Fund was established in February, 1993 to provide system maintenance,
NPDES permitting, plan reviews and field locates, but did not provide for major capital
improvements and rehabilitation.
RECOMMENDED ACTION
The Utilities Department recommends that City Council adopt a Bill for an Ordinance approving an
Intergovernmental Agreement (IGA) with City of Englewood and Arapahoe County School District
No. 1 for the MS4 Stormwater Permit.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood has drafted an application to the Colorado Water Quality Control Division
for approval of a Phase II Stormwater Permit The Arapahoe County School District No. 1,
Englewood Schools has been classified as a #nonstandard municipality# for the purposes of
obtaining a MS4 Permit In lieu of developing its own program and obtaining a separate Phase II
Stormwater Permit, the Englewood School District would like to participate with the City of
Englewood to be covered under Englewood's Stormwater Application and Permit
The City of Englewood is willing to include the School District's property with the City's application,
upon the condition that the School District sign an IGA for development, implementation and
enforceme nt of Englewood's Municipal Stormwater Program within Englewood's and the School
Distri ct 's boundaries.
The IGA includes provisions for Englewood to assume permitting responsibility, including applicable
portions of the six minimum measures for non-jurisdictional municipalities. The District shall be
so l ely res po nsible for addressing any resulting enforcement measure directed at the City by the
Division. If th e discharges originate from a property other than those owned by the district, then
the City shall be solely responsib\P, for addressing the Division's enforcement measures .
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FINANCIAL IMPACT
None.
LIST OF AlTACHMENTS
Bill for an Ordinance.
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ORDINANCE NO.
SERIES OF 2005
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A BILL FOR
COUNCIL BILL NO . 12
INTRODUCED BY COUNCIL
MEMBER ------
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ARAPAHOE COUNY
SCHOOL DISTRICT NO. I FOR A MS4 STORMW ATER PERMIT.
WHEREAS, the Stonnwater Fund was established in 1993 to provide system
maintenance, NPDES permitting, plan reviews and field locates but did not provide for
major capital improvements and rehabilitation; and
WHEREAS, the City has drafted an application to the Colorado Water Quality
Control Division for approval of a MS4 Stormwater Permit; and
WHEREAS, the Arapahoe County School District No. I, Englewood Schools bas
been classified as a "nonstandard municipality" for the purpose of obtaining a MS4
Permit; and
WHEREAS, in lieu of developing the School District's own program and obtaining a
separate MS4 Stormwater Permit, the School District would like to participate with the
City and be covered under the City's Stormwatcr Application and permit; and
WHEREAS, the City is willing to include the School District's property with the
City's application, upon the condition that the School District sign an
intergovernmental agreement for development, implementation and enforcement of
Englewood's Municipal Stormwater Program within Englewood's and the School
District's boundaries; and
WHEREAS, the passage of this Ordinance will authorize a intergovernmental
agreement between the City and the Englewood School District for the MS4
Stormwater Permit ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Section I . The Intergovernmental Agreement between Arapahoe County School
District I and the City of Englewood, Colorado for the School District to be covered
under Eng lewood's stormwater application and MS4 Stormwater Permit, attached as
"Exhibit A', is hereby accepted and approved by the Englewood City Council.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal
the Agreement for and on behalf of the City of Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 18th day of April, 200S .
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Published as a Bill for an Ordinance on the 22nd day of April, 2005 .
ATTEST :
Douglas Garrett, Mayor
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 18th day of April, 2005.
Loucrishia A. Ellis
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INTERGOVERNMENTAL AGREEMENT
CITY OF ENGLEWOOD AND
ARAPAHOE COUNTY SCHOOL DISTRICT NO. I
THIS INTERGOVERNMENTAL AGREEMENT ("Contractj, is entered into this
__ day of 2004, by and between the CITY OF ENGLEWOOD, whose
address is 1000 Englewood Parkway, Englewood, Colorado 80ll0 ("City"), and
ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1, whose address is 4101 S.
Bannock Street, Englewood, Colorado 80110 ("District"). The City and the District
are jointly referred to as the "Parties" in this Contract.
RECITALS
A. WHEREAS, the City has finalized its application to the Colorado Water
Quality Control Division ("Division") for approval of a Colorado Discharge Permit
System ("COPS") Stormwater Management Program ;
B. WHEREAS, the Division classified the City as a standard Municipal Separate
Stormwater Sewer System ("MS4").
C. WHEREAS, the Div i sion assigned COPS Permit No. COR-090056 to the City
("City's MS4 permit");
D. WHEREAS, the Division classified the District as a nonst:mdard municipality
for permit purposes;
E. \VHEREAS, the City's MS4 permit boundary includes properties owned by the
District;
F. WHEREAS, the City is held responsible by the Division for all of the City's
MS4 permit requirements; regardless of the agency which is performing the
implementat ion;
-G. '""WHEREAS, the District wishes to be covered by the City's MS4 permit rather
than obtaining its own permit;
H. WHEREAS, the City agrees to allow the District to be included in its MS4
Permit under certain conditions;
I. WHEREAS, the City will be responsible for ensuring that the District complies
with its MS4 permit requirements; and
J. WHEREAS, the City and the District seek to define their obligations under the
City's MS4 permit by entering into this interaovenunental aareemenL
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TERMS OF CONTRACT
NOW, THEREFORE , IT IS AGREED by and between the City and the District that:
L GENERAL. The City and the District wiH have common and individual
program obligations under the City's MS4 permit. The City will develop common
program obligations and provide these to the District. The District will be responsible
for implementing these programs on property owned by the District within the
District's boundaries. The District's individual program obligations will be developed
and implemented by the District on behalf of the City to comply with the permit.
2. RESPONSIBILITY FOR DISCHARGES. If the Division initiates an
enforcement action against the City for a violation of the City's MS4 permit and the
discharges originate from a property or properties o n1ted b' tile District, then the
District shall be solely responsible for addressing any resulting enforcement measures
directed at the City by the Division. If the discharges originate from a property or
properties other than those owned by the District, then the City shall be solely
responsible for addressing the Division's enforcement ~easures.
3. MINIMUM CONTROL MEASURES . The District and the City shall be
responsible for implementing six (6) minimum control measures ("MCM") as
described below.
a. MCM 1 Public Education and Outreach .
i. The District asserts th'at the Division has agreed to consider· the
District's one-time distribution of its template materials to the District's
teachers as compliance with MCML
ii. The District shall post on its website the Division's template
materials and City 's general stormwater program information.
m . Every year on or before February 1st, the District shall provide the
City with a report that details the District's status of integrating the
Div ision·s template materials into the curriculum and of posting the
Di vision's template materials and the City 's general stormwater program
information on the District's website . The City shall incorporate the
District's report into its annual report due to the Division every year in
March.
b. MCM2 Public Partjcjpatjon/Invo)vcmcnt. The City shall solely develop
and implement a Public Participation and Involvement Program . The District
has no obligations related to MCM2 .
C. MCM3 micit Discharge Detection and Elimination.
i. The City shall develop an Illicit Dischar1e Detection and
Eli mination Program that shall be followed within the City's MS4 permit
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boundary. The District shall implement this Program on properties
owned by the District.
ii. The City shall provide the District with training materials for the
Illicit Discharge Detection and Elimination Program. The District shall
train its employees, primarily the District's maintenance employees, to
monitor for and to report illicit discharges.
111. The District shall monitor for and report illicit discharges as
required by the Program.
MCM4 Construction Sjte Stormwater Runoff Control.
i. The City shall develop and implement a Construction Site
Stormwater Runoff Control Program.
ii. Construction: When the District has a qualifying construction
project, construction plan review and construction inspection will be
performed by the District or under contract with the District for
compliance with City ordinances/regulations and for proper installation
and maintenance of construction best management practices (BMPs).
The site plan reviews shall be performed under the direct supervision of
a Professional Engineer registered in the State of Colorado to determine
if the proposed plans are adequate and follow the requirements of the
City 's permit.
iii . MCM5 Post-Construction Stormwater Management .
iv . Post Construction: On qualifying District projects, permanent
operation and maintenance procedures will be developed and
implemented by the District or under contract with the District for any
post-construction BMPs constructed as a requirement of the City's Post-
Construction Program.
e. MCM6 Pollution Prevention/Good Housekeepjng. The City shall
develop an in-house training program for City and District employees to
educate them about the impacts associated with illegal discharges and improper
disposal of waste from municipal operations. The City shall conduct the
training program for its employees, and the District shall conduct the training
program for its employees.
4. DISCRIMINATION. The Parties agree not to refuse to hire, to discharge, to
promote, to demote or to discriminate in any maner of compensation, performance,
services or otherwise against any qualified person solely because of race, creed, sex,
color, national origin or ancestry .
5 . AMENDI\ICENTS . This Contract may not be modified, amended or otherwise
altered unless mutually agreed in writin& by both Pmies.
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6. AGENCY. For all purposes of this Contract, the City, shall not be an agent or
representative of the District, and the District shall not be an agent or representative
of the City.
7. ASSIGNMENTS . No party hereto shall assign or transfer its rights and
obligations under this Contract without the written consent of the other party. This
Contract shalt-be binding upon the Parties and/or their successors and assigns, if
proper written consent to assign or to transfer has been obtained.
8. NOTICES. All notices and communications required or permitted by the
Contract shall be mailed or delivered to the City at the following address:
City of Englewood
i ul)O Englewood Parkway
Englewood, Colorado 80110
All notices and communications required or permitted by the Contract shall be mailed
or delivered to the District at the following address :
Arapahoe County School District No. l
4101 S. Bannock Street
Englewood, Colorado 80110
9. RIGHTS OF THIRD PARTIES . Nothing herein shall be construed as creating
any personal liability on the part of any officer or agent of any public body, which
may be party hereto, nor shall it be construed as giving any rights or benefits to
anyone other than the District and the City.
10. GOVER.."HNG LAW. This Contract shall be governed by the laws of the State
of Colorado.
11. SEVERABILITY . If any word, phrase or provision of this Contract is declared
by a court of competent jurisdiction to be invalid, void or unenforceable, then such
word, phrase or provision shall be deemed to be severable . All other provisions of
this Contract shall remain fully enforceable, and this Contract shall be inferpreted in
all respects as if such provision were omitted.
12. PARAGRAPH CAPTIONS . The paragraph captions are set forth only for
convenience and reference . They are not intended in any way to define, limit, or
describe the scope or intent of this Contract.
13 . TERl\illNATION . Either party may terminate this Agreement with one year's
notice to the other.
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IN WITNESS WHEREOF, the Parties have executed this Contract.
CITY OF ENGLEWOOD
ATTEST: Douglas Garrett, Mayor
Loucrishia A. Ellis, City Clerk
ARAPAHOE COUNTY SCHOOL
D TRICT NO. I
~~ ' kei Miller ;-secretary
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COUNCIL COMMUNICATION
Date:
April 18, 2005
Initiated By:
Agenda Item:
11 Ci
Community Development
SUBJECT:
Economic Development Data
Staff Source:
Mark Graham, Senior Planner
PREVIOUS COUNCIL ACTION/ COUNCIL GOALS
• City Council was presented and discussed this Economic Development information at the
March 14, 2005 study session .
• City Council approved Englewood's Economic Development Plan in February 2005.
• ACE , the Alliance for Commerce in Englewood appointed by City Council, reviewed and
endorsed the Economic Development Plan to City Council.
• City Council approved the Englewood Comprehensive Plan in June 2003, which includes a
Business and Employment element.
• City Council supports Economic Development efforts that help to retain businesses, assist
with business expansion and recruit businesses that provide employment, goods, services
and tax base .
RECOMMENDED ACTION
The Community Development Department recommends that City Council approve,' by motion, two
con tracts for professional services with Development Research Partners (DRP) to 1) analyze the
retail sector in Englewood (Void Analysis Contract), and 2) analyze primary jobs and industry
clusters (Business Clusters Contract). The proposed contracts are for an aggregate of $69,900. The
scope of work will be completed within one year.
BACKGROUND AND ANALYSIS
The Community D eve lopment Department provides current local business information to
businesses and developers with goals for retaining existing businesses, assisting with business
expansion, and for recruiting new businesses. This is critical information to our processes, similar to
what is pro ided in other cities, like Littleton's Economic Development Gardening Program. DRP is
a local economic development firm that will also develop information that will help focus business
recruiting effo rts on primary jobs, those that by definition bring new resources into the City. The
firs t phase of their work will determine the supply chains for the largest Industry clusters in
Englewood and help to determine the potential for increasing local supplier roles. DRP will also
identify primary employers in Englewood and potential primary employers that may be recruited to
create th e typically higher wage jobs found with primary employers .
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A second contract will focus on the local retail sector. Data will be prepared that demonstrates the
local demand for goods and services to businesses. This work will include demand from residents
and workers as well as the business to business demands for goods and services.
FINANCIAL IMPACT
The funds for the proposed professional services were budgeted and approved in the 2005 City of
Englewood Budget for the Community Development Department.
ATTACHMENTS
Contract for Professional Services with Development Research Partners.
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City of Englewood, Colorado
Contract for Professional Services
THIS CONTRACT and agreement, made and entered into this 18th day of April, 2005
by and between the City of Englewood, a home rule municipal corporation of the State
of Colorado, hereinafter referred to as the "Oty", party of the first part, and
Development Research Partners, Inc., hereinafter referred to as the "Consultant",
party of the second part, for the following:
PROJECT: Void Analysis
WHEREAS, a proposal pursuant to said project has been received by the City of
Englewood and reviewed by the Director of Community Development; and
WHEREAS, the Contract has been awarded to the above named Consultant by the City
and said Consultant is now willing and able to perform all of said work in accordance
with his proposal.
NOW THEREFORE, in consideration of the compensation to be paid to the Contractor,
the mutual agreements hereinafter contained are subject the terms hereinafter stated:
A. Contract Documents: It is agreed by the parties hereto that the following list
of instruments, drawings and documents which are attached hereto, bound
herewith or incorporated herein by reference constitute and shall be referred to
either as the Contract Documents or the Contract and all of said instruments,
drawings, and documents taken together as a whole constitute the Contract
between the parties hereto and they are as fully a part of this agreement as if
they were set out verbatim and in full herein:
• Scope of Services (attached as Scope of work for Professional
Services to Conduct a Vold Analysis, dated January 18, 2005)
• Contract (this Instrument)
B. City Obligations/Confidentiality: Toe City shall provide Consultant with
reports and such other data as may be available to the City and reasonably
required by Consultant to perform hereunder. No project information shall be
disclosed by Consultant to third parties without prior written consent of the City
or pursuant to a lawful Court Order directing such disclosure. All documents
provided by the Oty to Consultant shall be returned to the 0ty. Consultant is
authorized by the City to retain copies of such data and materials at Consultant's
expense.
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Contract for Professional Services
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C. Scope of Services: The Consultant agrees to and shall furnish all labor, tools,
supplies, equipment, materials and everything necessary for and required to do,
perform and complete all the work described, drawn, set forth, shown and
Included In attached Scope of Services.
D. Indemnlficatjon: The Consultant agrees to Indemnify and hold harmless the
City, and its officers and Its employees, from and against all liability, claims,
demands, and expenses, Including court costs and attorney fees, on account of
any injury, loss, or damage, which arise out of or are In any manner connected
with the work to be performed under this Agreement, If such injury, loss, or
damage Is caused In whole or In part by the negligent act of omission, error,
professional error, mistake, accident, or other fault of the Consultant, any
subcontractor of the Consultant, or any officer, employee, or agent of the
Consultant. The obligations of this Section D shall not apply to damages which
the Oty shall become liable by final judgment to pay a third party as the result of
the negligent act or omission, error, professional error, mistake, accident, or
other fault of the City of Englewood.
E. Terms of Performance: The Consultant agrees to undertake the performance
of the work under this Amendment to Contract within ten (10) days from being
notified to commence work by the Director of Community Development and
agrees to fully complete said work within the time frame detailed in the attached
Scope of Services, plus such extension or extensions of time, requested in
writing, as may be granted by the Director of Community Development.
F. Ownership of Work Product: Upon payment to Consultant pursuant to this
Agreement, all work, drawings, designs, plans, reports, computer programs (non-
proprietary), computer input and output, analyses, maps, or any other materials
developed for this project are and shall be the sole and exclusive property of the
City. However, any reuse of the documents by the City without prior written
authorization by Consultant other than for the specific Intended purpose of this
Agreement will be at the Oty's sole risk. The Consultant will provide the City
with a ten (10) day written notice prior to disposal of project documents it has
retained during which time the City may take physical possession of same at the
storage site.
G. Terms of payment: The City agrees to pay the Consultant for the
performance of all the work required under this contract, and the Consultant
agrees to accept as his full and only compensation therefore, such sum or sums
of money as may be proper in accordance with the price or prices set forth in the
Consultant's fee schedule hereto attached and made a part hereof, the total cost
thereof not to exceed Thirty five thousand four hundred dollars
($35,400).
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Contract for Professional Services 3
H. Appropriation of Funds: At present, $35,400 has been appropriated for the
project. Notwithstanding anything contained In this Agreement to the contrary,
in the event no funds or insufficient funds are appropriated and budgeted by the
governing body or are otherwise unavailable by any means whatsoever in any
following fiscal period, the City may terminate this contract. If this contract is
terminated due to Insufficient funding, the Consultant will only be required to
complete and deliver that prorated portion of the Scope of Work completed with
the available funds. In this situation, delivery of the prorated portion of the
Scope of Work will constitute completion of the Scope of Work and fulfillment of
this agreement by Consultant.
The City shall immediately notify Development Research Partners, Inc. or its
assignee of such occurrence In the event of such termination. All work
accomplish.,d b·; the Consultant prior to the date of such termination shall be
recorded and tangible work documents shall be transferred to and become the
sole property of the City prior to payment for services rendered.
I. Contract Binding: It is agreed that this Contract shall be binding on and inure
to the benefit of the parties hereto, their heirs, executors, administrator, assigns,
and successors.
J. Laws to be Observed: The Consultant shall be cognizant of all Federal and
State laws and local ordinances and regulations which in any manner affect those
engaged or employed in the work or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any
jurisdiction or authority over the same, and shall at all times observe and comply
with all such existing laws, ordinances, regulations, and decrees, and shall
protect and Indemnify the City against any claim or liability arising solely from or
based solely on the violations of any such law, ordinance, regulation, order or
decree, whether by Itself, its subconsultants, agents or employees.
K. Termination and Assignment of Contract: The Consultant warrants that it has
not employed or retained any company or person, other than a bona fide
employee working solely for It, to solicit or secure this contract, and that it has
not paid or agreed to pay any company or person, other than bona fide
employees working solely for the Consultant, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this contract. For · breach or violation of this
warranty, the City will have the right to annul this contract without liability, or, in
its discretion to deduct from the contract price or consideration, or otherwise
recover the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee. It is the Intent hereunder to secure the personal services of
the Consultant, in manner aforesaid, and this contract shall not be assigned,
sublet or transferred without the consent, in writing of the City.
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Contract for Professional Services 4
L. Termination: This Agreement may be canceled by either party providing
thirty (30) day notice to the other party. If this contract Is terminated under this
clause, the Consultant will only be required to complete and deliver that prorated
portion of the Scope of Work completed to the termination date. In this
situation, delivery of the prorated portion of the Scope of Work will constitute
completion of the Scope of Work and fulfillment of this agreement by Consultant.
M. Inspections. Reviews and Audits: During all phases of the work and services
to be provided hereunder the Consultant agrees to establish a working office at a
place agreeable to the City, and permit duly authorized agents and employees of
the City to enter the Consultant's offices for the purpose of inspections, reviews
and audits during the normal working hours. Reviews may also be accomplished
at meetings that are arranged at mutually agreeable times and places.
Consultant and its subconsultants shall maintain all books, documents, papers,
accounting records and other evidence pertaining to cost incurred and shall make
such materials available at their respective offices at all reasonable times during
the contract period and for three years from the date of final payment under the
contract, for inspection by the City, or any authorized representatives of the City,
and copies thereof shall be furnished if requested.
N. Disputes: Except as otherwise provided in this contract, any dispute
concerning a question of fact arising under this contract which Is not disposed of
by agreement, and which is clearly within the Intent of the Scope of Work, will be
decided by the Community Development Director for the City of Englewood. The
decision of the Community Development Director will be final and conclusive
unless, v,.,ithin 30 days after the date of receipt of a copy of such written
decision, the Consultant mails or otherwise furnishes to the City a written appeal
add~ to the Community Development Director of the City of Englewood. In
connection with any appeal proceeding under this clause, the Consultant shall be
afforded an opportunity to be heard and to offer evidence in support of its
appeal. The Community Development Director shall have 30 days to respond to
Consultants appeal. If the dispute Is not adequately resolved after responding to
the appeal, the City and Consultant may unilaterally terminate this agreement
without further notice. Pending final decision of a dispute hereunder, the
Consultant shall proceed diligently with the performance of the contract in
accordance with the Scope of Work attached herein. If this contract is
term inated under this clause, the Consultant will only be required to complete
and deliver that prorated portion of the Scope of Work completed to the
term ination date. In this situation, delivery of the prorated portion of the Scope
of Work will constitute completion of the Scope of Work and fulfillment of this
ag ree ment by Consultant.
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Contract for Professional Services 5
This disputes clause does not preclude mislderatlon of questions of law In
connections with decisions provided for In Paragraph above. Nothing In this
contract, however, shall be construed as making ftnal the decision of any
administrative offlclal, representative, or board on a question of law.
IN WITNESS WHEREOF, the parties have caused these piesents to be signed personally
or by their duly authorized officers or agents and their seals affixed and duly attested
the day and year first above written.
This Contract is executed In 2 counterparts.
CITY OF ENGLEWOOD
By ___________ _
Community Development Director
Party of the Arst Part
Consultant: Development Research Partners, Inc.
By (sign)
-:J es-j ( P. s-.· f.,q-.., t~>-\
Party d the Second Part
5,a.r.,Ay., (..r {),,,-(.,r-A-
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Development Research Partners
January 18, 2005
Mr. Mark Graham, AICP
Community Development Office
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110-2373
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Re : Scope of work for Professional Services to Conduct a Vold Analysis
Dear Mr. Graham:
This agreement sets out the general terms under which Development Research Partners (DRP)
will provide consulting services to the City of Englewood, Community Development Office
(COO).
The work proposed herein is intended to further Englewood's efforts to strengthen the
competitive position of the City. Englewood's Business and Employment Strategic Plan
specifically seeks to attract new businesses and employment, expand the market for business
services, retailing, and entertainment opportunities. The work to be completed by DRP will
support strategic plan elements that include creating a balanced mix of businesses that
complement each other.
SCOPE OF WORK
DRP will conduct an in-depth void analysis of missing businesses and untapped markets that
would serve to complement existing businesses In Englewood's key corridors and activity nodes
("sub-areas"). It is DRP's intent to develop a database and analytical model from which COO
can quickly access and evaluate trade area data for Englewood as needed for various business
development efforts. To this end, DRP will conduct the following activities.
Consumer Analysis
To identify opportunities to grow Englewood's consumer goods and service businesses DRP
will:
1. Est imate Local Demand Patterns using an income-density approach:
1.1. coo will provide us Census Bureau demographic data, at the block group level, for a
5-mile radius from the center of Englewood. DRP will provide a list of demographic
data points to be provided .
1.2 . DRP will create "Consumer Profiles" of Englewood's consumer households (by sub-
area, to be determined) that describe demographic characteristics useful in estimating
consumption patterns: renters vs. homeowners: household income cohoft; Latino origin;
race ; occupation; and household size.
101 84 W Belleview Ave• Suite 100. Littleton . Colorado 80127 • 303-991-0070. FAX 303-991-0075
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1. 3. DRP will use Consumer Profiles and US Dept. al Labor Consumer Expenditure Survey
data to estimate local household expenditure patterns for goods and services by retail
category, by sub-area (to be determined).
2 . Evaluate Englewood retail capture rates:
2. 1. DRP will evaluate Englewood 's Internal Finance Department retail sales tax collection
data to identify retail sales activity actually occurring in Englewood by household retail
category and by sub-area (as data availability allows).
2 .2. DRP will evaluate regional retail sales data (CO Dept. al Revenue and/or U.S.
Economic Census) to benchmark the cummt year's regional leakage and capture
patterns aaoss municipalities in the greater metro Denver market relative to
Englewood.
3. Identify market opportunities in Englewood:
3.1. DRP wiU evaluate local Englewood household demand by retail category (1 .3 above)
relative to actual local retail sales in that retail category (2.1 above) to detennine how
well the Englewood market Is served.
3.2. Evaluate local Englewood household demand by retail ~tegory (1.3 above) to regional
benchmarks (2.2 above) to determine if there are market segments that are under-or
over-represented in Englewood .
3.3. Evaluate market niche opportunities:
3.3.1. Identify retail categories that are perfonring above expectations (retail capture)
and evaluate possible market support or rtd(s to this position.
3.3 .2. Identify retail categories that are performlug below expectations (retail leakage)
and evaluate possible market opportunities due to this position.
3.3.3. Estimate retail square foot supported by potantial market niche opportunities
Strategic Business Development Outlook
To help Englewood present a strategic pic:tunt al nwket ~ to grow existing
businesses and attract new consumer~~ ID the City ORP wiU:
4 . Work cooperatively with Englewood GIS staff ID graphicall'y aNte a cunent "Demographic
Baseline· (2005 estimates based on 2000 U.S. Cenl&a data) tor Englewood's household
consumption illustrating Individual demographic poc:kels wilt*' • market radius.
4 .1. Research demographic data (population, number houtehaldl, household income level)
for the 5-mile radius trade araa origlnalng at ..._..., and Broadway, at the census
block group level . Unless data resub indall a bellr c:allgoilzatlun. Income data wil
be classified as: Less than $40,000, $40,000 ID $80,000, $80,000 to $80,000 and
grealer than $80,000.
City ol C. .... wood, JMeM,y 11, JOOS: v., ~ loll
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4 .2. Work with Englewood GIS staff to produce GIS compatible data sets and maps.
Evaluate present anticipated changes to the demographic baseline.
5 .1 . DRP will interview city officials in Englewood and in surrounding communities to identify
imminent and reasonably anticipated residential development projects that could
influence retail demographics into the foreseeable future. DRP will use these interviews
to gather data on development type, number of new homes being created and
anticipated income levels of new residents .
5.2. The demographic impacts of these imminent residential development projects will be
incorporated into the GIS data sets and used to graphically illustrate estimated total
market potential in 2010 for demographic pockets within the radius.
DRP will evaluate anticipated changes to the retail baseline, incorporating impacts of
imminent development projects on Englewood retail opportunities.
6 .1. DRP will interview city officials in Englewood and in surrounding communities to identify
imminent and reasonably anticipated retail development projects that could influence
the supply of retail square footage into the foreseeable future . DRP will use these
interviews to gather data on development type, square footage being created and
anticipated tenancy.
6 .2 . The demographic impacts of these imminent retail development projects will be
incorporated into the retail capture analysis (3.3 above).
6 .3 . DRP will work cooperatively with Englewood GIS staff to produce a "moder graphical
interpretation of baseline data and anticipated changes .
Evaluate business-to-business linkages for Englewood businesses to evaluate supply gaps
and potential business development and networking opportunities in Englewood .
7 .1. Up to 6 Prominent Englewood industries (4-digit SIC or NAICS equivalent) will be
identified.
7 .2 . Brief narrative descriptions of buyer-supplier links for these prominent industries will be
developed from secondary data resources.
7 .3 . DRP and the City of Englewood will jointly develop a "15-minute survey" instrument with
which to conduct face-to-face interviews with local Englewood businesses representing
prominent industries. The intent of these interviews will be to identify inputs, purchasing
methods, local versus outside vendors, distribution channels, and markets.
7 .4 . DRP will evaluate industry and interview data regarding potential business development
and networking opportunities within Englewood .
City of Englewood, January 11, 2005: Vold Analysis 3of5
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Public Meetings
To inform Englewood's business community on findings and promote business growth
opportunities, DRP will:
8. Participate in a public meeting with the Alliance for Commerce in Englewood (ACE).
SCHEDULE of FEES & DELIVERABLES
Work products will be in a memo format except for the Marketing Database Module (Task 6)
which will be mutually determined by DRP and Englewood. Specific delivery times are
estimates and may be subject to data availability and unforeseen situations beyond DRP's
control. Work products to be delivered and the anticipated time schedule are illustrated below.
The proposed tasks can be completed in the following phases:
Consumer Analysis
Purpose: To build a reliable database of business activity occurring in Englewood; to
understand consumer demand generated by Englewood Housenolds and the
surrounding area; and to identify retail capture, leakage, and niche opportunities.
Item Work Product
Task 1 Household Consumer Profiles
Task 2,3 Market O unities Evaluation
Strategic Business Development Outlook
Anticipated
Interval from Start
45days
90da
$4,000
$9,100
Purpose: To project the impact of new residential and commercial development projects
on consumer demand, capture, and leakage; amHo understand business-to-business
relationships amongst Englewood's business community.
Item Work Pr~usi Anticipated .E!!!
Interval from Start
Task 4 Demographic Baseline Map 120 days $2,000
Task 5 Demographic Projections Map 150 days $6,000
Task Retail Projections Impact Report 180 days $4,000
Task 7 Local Business Links R rt 210 da $10,000
Public Meetings
Purpose : To inform Englewood's business community on findings and promote business
growth opportunities.
Item Work Product
Task 8 Public Meeti
!TOTAL
Anticipated
1nt,rva1 trom Start
180 da
City of Englewood, January 11, 2005: Vold Analysla
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$300
$35,400
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Final reports will be developed and submitted after all research is completed, specific date to be
mutually determined at that time . Tasks under this proposal will be billed at the flat rate
indicated for each task and due upon delivery of the associated work product. While unlikely,
cost variances may be incurred by DRP; CDO's approval shall be obtained for any increase in
fees that exceed the original estimate by ten percent (10%) or more. Fee adjustments will be
established per DRP's hourly rates of $65.00 and $100.00 per hour for Research Analyst and
Principal, respectively.
Expenses: DRP's fees for professional services include ordinary operating costs and overhead .
Long distance calls will be billed to the Client. With prior approval only, the Client will reimburse
DRP for other extraordinary expenses Incurred In the execution of this agreement. DRP will
notify the Client prior to incurring such extraordinary expenses.
ADDmQNAL SCOPE
There are research and work products related to the specific Scope of Work described herein,
which are not included in the Scope of Work . Additional professional services above and
beyond the Scope of Work herein may be negotiated at any point during the course of this
contract . Specific needs, deliverables, and fees will be mutually determined by DRP and COO,
and may include :
Sub-contract for consumer surveys to more specifically determine consumer expenditure
habits and retail trends specific to Englewood; and/or
Participate in business Forums and additional public meetings; and/or
Work COOl)f!ratively with Community Development staff to identify factors impacting market
opportunities such as property Inventory, access and transit orientation issues, setting and
infrastructure concerns, market segmentation and regional competition, public service
issues, regulatory and tax structure impacts, or other Influences; and/or
• Packaging content for marketing collateral which could include graphics, analysis, and
descriptive information, formatted to Integrate into other marketing materials to be used by
the City or its assigns; and/or
Othe r profess ional services related to the Scope of Work contained herein .
CONFIDENTIALITY
DRP , its perso nnel and any subcontractors associated with this engagement agree to review
and si gn , as they deem appropriate, confidentiality agreements that may be necessary to
comp lete the assignment.
City ol Eltfl/ewood, JMtUMy 11. 2005: Vold Analysla 1Jol5
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City of Englewood, Colorado
Contract for Professional Services
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THIS CONTRACT and agreement, made and entered into this 18th day of April, 2005
by and between the Oty of Englewood, a home rule municipal corporation of the State
of Colorado, hereinafter referred to as the "City'', party of the first part, and
Development Research Partners, Inc., hereinafter referred to as the "Consultant",
party of the second part, for the following:
PROJECT: Business Clusters
WHEREAS, a proposal pursuant to said project has been received by the Oty of
Englewood and reviewed by the Director of Community Development; and
WHEREAS, the Contract has been awarded to the above named Consultant by the Oty
and said Consultant is now willing and able to perform all of said work in accordance
with his proposal.
NOW THEREFORE, in consideration of the compensation to be paid to the Contractor,
the mutual agreements hereinafter contained are subject the terms hereinafter stated:
A. Contract Documents: It is agreed by the parties hereto that the following 11st
of instruments, drawings and documents which are attached hereto, bound
herewith or incorporated herein by reference constitute and shall be referred to
either as the Contract Documents or the Contract and all of said instruments,
drawings, and documents taken together as a whole constitute the Contract
between the parties hereto and they are as fully a part of this agreement as if
they were set out verbatim and in full herein:
• Scope of Services ( attached as Scope of work for Professional
Services to Conduct an Industry Clusters Analysis, dated
February 4, 2005)
• Contract (this instrument)
B. City Obligations/Confidentiality: The City shall provide Consultant with
reports and such other data as may be available to the Oty and reasonably
required by Consultant to perform hereunder. No project information shall be
disclosed by Consultant to third parties without prior written consent of the Oty
or pursuant to a lawful Court Order directing such disclosure. All documents
provided by the City to Consultant shall be returned to the Oty. Consultant is
authorized by the City to retain copies of such data and materials at Consultant's
expense.
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Contract for Professional Services 2
C. Scope of Services: Toe Consultant agrees to and shall furnish all labor, tools,
supplies, equipment, materials and everything necessary for and required to do,
perform and complete all the work described, drawn, set forth, shown and
included in attached Scope of Services.
D. Indemnjficatjon: Toe Consultant agrees to indemnify and hold harmless the
City, and its officers and its employees, from and against all liability, daims,
demands, and expenses, induding court costs and attorney fees, on account of
any injury, loss, or damage, which arise out of or are in any manner connected
with the work to be performed under this Agreement, if such injury, loss, or
damage is caused in whole or in part by the negligent act of omission, error,
professional error, mistake, accident, or other fault of the Consultant, any
subcontractor of the Consultant, or any officer, employee, or agent of the
Consultant. The obligations of this Section D shall not apply to damages which
the City shall become liable by final judgment to pay a third party as the result of
the negligent act or omission, error, professional error, mistake, accident, or
other fault of the City of Englewood.
E. Terms of Performance: Toe Consultant agrees to undertake the performance
of the work under this Amendment to Contract within ten {10) days from being
notified to commence work by the Director of Community Development and
agrees to fully complete said work within the time frame detailed in the attached
Scope of Services, plus such extension or extensions of time, requested in
writing, as may be granted by the Director of Community Development.
F. Ownership of Work Product: Upon payment to Consultant pursuant to this
Agreement, all work, drawings, designs, plans, reports, computer programs (non-
proprietary), computer input and output, analyses, maps, or any other materials
developed for this project are and shall be the sole and exduslve, property of the
City. However, any reuse of the documents by the Qty without prior written
authorization by Consultant other than for the specific intended purpose of this
Agreement will be at the City's sole risk. The Consultant will provide the Qty
with a ten (10) day written notice prior to disposal of project documents it has
retained during which time the City may take physical possession of same at the
storage site.
G. Terms of Payment: The City agrees to pay the Consultant for the
performance of all the work required under this contract, and the Consultant
agrees to accept as his full and only compensation therefore, such sum or sums
of money as may be proper in accordance with the price or prices set forth In the
Consultant's fee schedule hereto attached and made a part hereof, the total cost
thereof not to exceed Thirty four thousand five hundred dollars
($34,500).
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H. Appropriation of Funds: At present, $34,500 has been appropriated for the
project. Notwithstanding anything contained in this Agreement to the contrary,
in the event no funds or insufficient funds are appropriated and budgeted by the
governing body or are otherwise unavailable by any means whatsoever in any
following fiscal period, the City may terminate this contract. If this contract is
terminated due to insufficient funding, the Consultant will only be required to
complete and deliver that prorated portion of the Scope of Work completed with
the available funds . In this situation, delivery of the prorated portion of the
Scope of Work will constitute completion of the Scope of Work and fulfillment of
this agreement by Consultant.
The City shall immediately notify Development Research Partners, Inc. or its
assignee of such occurrence in the event. of such termination. All work
accomplished by the Consultant prior to the date of such termination shall be
recorded and tangible work documents shall be transferred to and become the
sole property of the City prior to payment for services rende!"~.
I. Contract Binding: It is agreed that this Contract shall be binding on and inure
to the benefit of the parties hereto, their heirs, executors, administrator, assigns,
and successors.
J. Laws to be Observed: The Consultant shall be cognizant of all Federal and
State laws and local ordinances and regulations which in any manner affect those
engaged or employed in the work or .which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any
jurisdiction or authority over the same, and shall at all times observe and comply
with all such existing laws, ordinances, regulations, and decrees, and shall
protect and indemnify the City against any claim or liability arising solely from or
based solely on the violations of any such law, ordinance, regulation, order or
decree, whether by itself, its subconsultants, agents or employees.
K. Termination and Assignment of Contract: The Consultant warrants that it has
not employed or retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this contract, and that it has
not paid or agreed to pay any company or person, other than bona fide .
employees working solely for the Consultant, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this contract. For breach or violation of this
warranty, the City will have the right to annul this contract without liability, or, in
its discretion to deduct from the contract price or consideration, or otherwise
recover the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee. It is the intent hereunder to secure the personal services of
the Consultant, in manner aforesaid, and this contract shall not be assigned,
sublet or transferred without the consent, in writing of the Oty.
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L. Termination: This Agreement may be canceled by either party providing
thirty (30) day notice to the other party. If this contract is terminated under this
clause, the Consultant will only be required to complete and deliver that prorated
portion of the Scope of Work completed to the termination date. In this
situation, delivery of the prorated portion of the Scope of Work will constitute
completion of t he Scope of Work and fulfillment of this agreement by Consultant.
M. Inspections. Reviews and Audits: During all phases of the work and services
to be provided hereunder the Consultant agrees to establish a working office at a
place agreeable to the City, and permit duly authorized agents and employees of
the City to enter the Consultant's offices for the purpose of inspections, reviews
and audits during the normal working hours. Reviews may also be accomplished
at meetings that are arranged at mutually agreeable times and places.
Consultant and its subconsultants shall maintain all books, documents, papers,
accounting records and other evidence pertaining to cost incurred and shall make
such materials available at their respective offices at all reasonable times during
the contract period and for three years from the date of final payment under the
contract, for inspection by the City, or any authorized representatives of the City,
and copies thereof shall be furnished if requested.
N. Disputes: Except as otherwise provided in this contract, any dispute
concerning a question of fact arising under this contract which is not disposed of
by agreement, and which is clearly within the intent of the Scope of Work, will be
decided by the Community Development Director for the City of Englewood. The
decision of the Community Development Director will be final and conclusive
unless, within 30 days after the date of receipt of a copy of such written
decision, the Consultant mails or otherwise furnishes to the City a written appeal
addressed to the Community Development Director of the City of Englewood. In
connection with any appeal proceeding under this clause, the Consultant shall be
afforded an opportunity to be heard and to offer evidence in support of Its
appeal. The Community Development Director shall have 30 days to respond to
Consultants appeal. If the dispute is not adequately resolved after responding to
the appeal, the City and Consultant may unilaterally terminate this agreement
without further notice . Pending final decision of a 'dispute heteunder, the
Consultant shall proceed diligently with the performance of the contract in
accordance with the Scope of Work attached herein. If this contract is
term inated under this clause, the Consultant will only be required to complete
and deliver that prorated portion of the Scope of Work completed to the
termination date. In this situation, delivery of the prorated portion of the Scope
of Work will constitute completion of the Scope of Work and fulfillment of this
agreement by Consultant.
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Contract for Professional Services 5
This disputes dause does not preclude consideration of questions of law In
connections with decisions provided for In Paragraph above. Nothing In this
contract, however, shall be construed as making flnal the decision of any
administrative official, representative, or board on a question of law.
IN WITNESS WHEREOF, the parties have caused these presents to be signed personally
or by their duly authorized officers or agents and their seals affixed and duly attested
the day and year first above written.
This Contract Is executed In 2 counterparts.
CITY OF ENGLEWOOD
By-------------Community Development Director
Party of the Rrst Part
Consultant: Development Research Partners, Inc.
By (sign} ~ !}.,J,,(1/t:--
(Print Name a Tltle) &~ D. /tt1v~~.·~ ~ _
Party of the Second Part S-< , .. .J,.,y .,..,..
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Development Research Partners
February 4, 2005
Mr. Mark Graham . AICP
Community Development Office
City of Englewood
1000 Englewood Parkway
Englewood , CO 80110-2373
Via Email : mgraham@englewoodgov.org
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Re : Scope of Work for Professional Services to Conduct an Industry Cluster Analysis
Dear Mr. Graham:
This agreement sets out the general terms under which Development Research Partners (DRP)
will provide consulting services to the City of Englewood, Community Development Office
(COO).
The work proposed herein is intended to further Englewood's efforts to strengthen the
competitive position of the City. Englewood's Business and Employment Strategic Plan
specifically seeks to attract new businesses and employment, expand the market for business
services. retailing, and entertainment opportunities . The work to be completed by DRP will
support strategic plan elements that include creating a balanced mix of businesses that
complement each other .
. SCOPE OF WORK
This industry cluster study can be used in support of achieving Goal 1 outlined in the Business
and Employment Strategic Plan Element: "Provide an economically viable environment that
builds and maintains a diverse base of businesses .·
A major step in developing a region's economic development strategy focuses on what types of
industries to target for growth and retention. Industry targets may be chosen to meet varying
community goals ranging from diversifying the economic base to increasing the average wage
to utilizing natural and labor resources more fully . A community's economic development efforts
should focus on those industries in which the community has some clear competitive
advantages . Further, industries selected need to be acceptable economically , environmentally ,
and socially to the community .
This proposed study is based on the concept of industry clusters . Industry clusters are
geographic concentrations of interconnected companies and institutions in a particular field .
Ideally, clusters also include the institutions and professional organizations that provide
research assistance and support to the industry.
The identification , description and targeting of industry clusters operating in the City of
Englewood or identified for attraction to the City of Englewood will be accomplished through the
completion of the following tasks .
10184 W Belleview Ave• Suite 100 • Littleton, Colorado 80127 • 303-991-0070. FAX 303-991-0075
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Development Research Partners
Industry Cluster Research
The City of Englewood Industry cluster study will encompass the base research needed to
understand and develop the industry cluster analysis. Brief Industry cluster profiles, business
interviews and an examination of Englewood's comparative advantage will be completed as
detailed:
1. Identify Key Industry Clusters currently or potentially operating in the City of Englewood.
1.1. Research Industry Classifications -Employment concentration (industry employment as
a share of total employment) will be used to determine industry cluster strength . DRP
will examine the 2004 employment concentration of each 4-digit Standard Industrial
Classification (SIC) industry in the City of Englewood as defined by zip codes 80110
and 80113. The employment concentration in each SIC industry will then be compared
to the national and metro Denver concentration for the industry to determine if the City
of Englewood has relative national or regional strength.
1.2 . Aggregate Clusters -The 4-digit SIC industries with strong employment concentrations
will be aggregated, along wim additional relevant industries, to define strong industry
clusters that either exist or have the potential to exist in the City of Englewood . Each
industry cluster will be defined by a set of 4-digit SIC codes and corresponding North
American Industry Classification System (NAICS) codes. It is anticipated that this
analysis will result in the identification of 5 to 10 "candidate" industry clusters .
1.3 . Candidate Industry Cluster Growth Trends -Using a variety of national industry outlook
sources, the long-term growth trends for each candidate industry cluster. While the
identification of existing Industry clusters is important from a retention standpoint, it is
understood that the COO is particularly interested in focusing on those industry clusters
that offer long-term growth potential.
1.4 . Prioritization of Candidate Clusters -DRP will wor1t with the COO to select a maximum
of six key industry clusters from the candidate industry clusters identified in 1.3 above in
which to focus continuing research efforts . The selection of these clusters will be made
based on such criteria as which industry clusters best meet the City's economic
development goals, long-term growth potential, retention versus attraction goals, and
the like .
1.5 . Key Industry Cluster Profiles -DRP will provide a brief cluster profile for each of the key
Industry clusters . These profiles will include total employment, employment growth, total
number of businesses, business growth and a list of major Englewood companies
included in each cluster. Basic wage information for typical occupations in each cluster
will also be provided. National and metro Denver employment and business totals and
growth rates will be developed as a point of comparison .
2 . Identify Locational Factors for each Key Industry Cluster.
City of Englewood, February 4. ~: lnduat,y Cluaw Analy8ls
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2.1. Business Interviews -DRP will conduct up to four interviews/focused discussions with
major Englewood businesses in each of the key industry clusters to determine what
factors influence location decisions in each key industry cluster. Access to light rail, low
real estate costs, availability of skilled workers, transportation access, and central
location are examples of locational factors that could contribute to a businesses
decision to locate in the City of Englewood. DRP will work with the Alliance for
Commerce in Englewood (ACE) to develop a list of representative businesses and
business contacts for the interviews.
2.2. Real Estate Interviews -Real estate professionals involved in leasing and renting
business space in the City of Englewood can provide unique insight into what type of
businesses are attracted to available space . Up to five interviews with real estate
professionals will be conducted to more thoroughly understand what types of
businesses are attracted to the City of Englewood and why.
2.3 . Site Selection Research-The information from the interviews will be supplemented
with additional site selection research to establish the list of locational factors for each
key industry cluster. It is important to realize that the locational factors will likely vary by
industry.
3 . Identify Englewood's Competitive Advantages .
3 .1. Industry Cluster Hot Spots -What communities is Englewood likely to compete against
for expansions or relocations of cluster companies? DRP will identify up to six regional
or national competitive locations for each key industry cluster.
3.2 . Englewood's Competitive Position: Comparative data related to the locational factors (2
above) and the competitive communities (3.1 above) will be collected in order to assess
Englewood's ability to effectively compete for key industry duster businesses . For
example, if real estate costs are determined to be a decision factor in locating a
business in Englewood, lease rates for the appropriate space will be compared in
Englewood and the competitive communities to identify Englewood's advantages or
disadvantages.
Business Attraction and Retention Strategies
4 . Develop Strategies for Attracting and Retaining Key Industry Cluster Businesses.
Depending upon the results of the research, the following types of strategies may be
developed :
4 .1. Marketing Opportunities • DRP will review marketing opportunities rebted to each key
industry cluster to provide recommendations for the COO to retain and attract industry
cluster businesses .
4 .2. Coordinate with Retail Void Analysis Study -Under a separate scope of work, ORP ia
preparing a retail void analysis for the COO . As part of the retail void analysis. ORP will
examine the buyer-supplier links of the key industry dusters. In coordination with the
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retail void analysis buyer-supplier information, DRP will examine and recommend
opportunities for industry cluster development related to vertical industry cluster
linkages.
4.3 . Regional Industry Clusters -The Metro Denver Economic Development Corp. has
developed extensive industry cluster studies and marketing programs to support strong
industry clusters in metro Denver. DRP will make recommendations to the CDO about
how to benefit from the regional industry cluster efforts. A discussion of how the City of
Englewood industry clusters relate to the metro Denver industry clusters will be
included.
4.4. Real Estate Opportunities -The City of Englewood has developed information about
real estate opportunities available in the City of Englewood. Recommendations
regarding how an industry cluster may be able to benefit from the real estate
opportunities will be made .
4 .5 . Business Programs -Targeted business programs may be recommended to encourage
industry cluster businesses to locate in the City of Englewood . DRP will review business
program examples and make recommendations for business program development in
the City of Englewood.
4.6 . Follow-On Ideas -Working relationships with local businesses, leasing agents,
commercial brokers and others will be important to developing moment'Jm for industry
cluster development. Continued contact, consensus building, and/or focus groups could
be utilized to maintain interest in business attraction and retention. DRP will provide
basic recommendations for continued work with the business community .
SCHEDULE of FEES & DELIVERABLES
Meetings and Pr ... ntatlons
In an effort to contain pro;ect costs , Development Research Partners recommends conducting
most data and report reviews and discussions via email and telephone. Still, we feel that three
personal meetings/site visits are needed, as described below. The structure and timing of these
meetings will be finalized in conjunction with the COO .
Meeting 1: As part ofTask 1.4, DRP will meet with the COO to review the candidate industry
clusters and select a maximum of six key industry clusters in which to focus continuing
research efforts.
Meeting 2: A mid-point meeting to review findings to date and confirm next steps.
Meeting 3: Final presentation of industry cluster analysis . ..
Profeulonal Repo,t
A professional report summarizing the research and recorrmendation will be prov ided to the
COO for review and comment. We will provide one original, reproducible copy of the report and
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Development Bnffn.h PartnwJ
one electronic copy of the report. Reproduction and dissemination of the final reports will be the
CDO's responsibility.
Tlmellne and Faes
Specific delivery times are estimates and may be subject to data availability and unforeseen
situations beyond DRP's control. Research to be completed and the anticipated time schedule
are illustrated below.
!!!!!! Desc[!rzi!on Fees
Task 1 $9000
Task2 Iden $5,000
Task3 $14,500
Task4 Business Attraction and 180days $6,000
Retention Strat les
TOTAL $34 500
Final reports will be developed and submitted after all research is completed, specific date to be
mutually detemiined at that time. Tasks under this proposal wiR be billed at the flat rate
indicated for each task and due upon completion of each task. While unlikely, cost variances
may be incurred by DRP; CDO's approval shall be obtained for any increase in fees that exceed
the original estimate by ten percent (10%) or more. Fee adjustments will be established per
DRP's hourly rates of $65.00 and $100.00 per hour for Research Analyst and Principal,
respectively.
Expenses: DRP's fees for professional services include ordinary operating costs and overhead.
Long distance calls will be billed to the Client With prior approval only, the Client will reimburse
DRP for other extraordinary expenses incurred in the execution ol this agreement. ORP will
notify the Client prior to incurring such extraordinary expenses.
ADDITIONAL SCOPE
There are research and worl< products related to the specific Scope ol Work described herein,
which are not induded in the Scope of Work. Additional professional services above and
beyond the Scope of Work herein may be negotiated at any point during the course of this
contract. Specific needs, deliverables, and fees will be mutualy determined by DRP and COO ,
and may include:
• Participate in business Forums and additional public meetings; and/or
• Packaging content for marl<eting collateral which could include graphics . analysis, and
descriptive information, formatted to integrate into other ma,t(etlng materials lo be used by
the City or its assigns; and/or
Other professional services related to the Scope ol Work contained herein .
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CONFIDENTIALITY
DRP, its personnel and any subcontradors a.ssociated with this engagement agree to review
and sign, as they deem appropriate, confidentiality agreements that may be necessary to
complete the assignment.
Plf,elotl
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can to order f) :c(k
ln,ocation hi~
Pledge of All:;lance
Roll call
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5.
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DAY, APRIL 18, 2005
7:30 P.M.
od Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Call to order.1 .'i:;f; ~
In vocation. ~
Pledge of Allegiance. ~
4. Roll Call. at! '7 ~
5. co,oo~,tion of Mf,ula of ,.,,,,o,,. """""· ~~ VI
(ll~'"'it1~"J;~~~L/tU." 6.lf/ R=gn;~ Publfc C="""t ("""~ in;t -!'a~tation lo "" mioo"'.)
7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for
unscheduled public comment may be limited to 45 minu~s. a~'!,,i! li~shaH be continued to General '3:>~ Disc~ss1)W4lD 1')~ __ s~ <:,l'MW.QJ
8. ~Z:.unica tion s, Proclamations, and Ap pointments.
a . Proclama tion declaring the week o f May 1 ~h~o ug~ Mal 8 , 2~ays of Remembrance in tlffJ. FJ,t}e mory o f th e vi c tims of the Holocaust. ~·
9 . Consen t Agenda Items.
a . Approva l of Ordinances on Fi rst Rea ing.
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Pleas rtC/,te : If you have a disa bdity a nd need auxiliary aids Of services, please notify the City of Enalewood
(303-762·2 407) at least 43 hours in advance of when services are needed. Thank ou.
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Englewood City Council Ag enda ., ~
AprillS,2005 , • ~ i1?~~,.,aa.z t:::~:::..... .
oJi/t ~i. Council Bill No. 8 authorizing the execution of three Intergovernmental Subgrantee
Agreements for the 2005 Arapahoe County Community Development Block Grant
Program between the Arapahoe Board of County Commissioners and the City of
Englewood.
Council Bill No. 9 approving a License Agreement and Temporary Construction
Easement to install a fence and maintain a portion of the City Ditch at 4901 South Lipan
Drive.
c. Resolutions and Motions.
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10. Public 7s, (No Public Hearing Scheduled .)
11. Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
Council Bill No. 10 -Recommendation from the Community Development Department
to approve a B1il for an Ordinance authorizing the execution of an Intergovernmental
Agreement with Arapahoe Community College for the Area Career and Technical
School for the school year 2005/2006 to construct a single-family residence al 2350 ·
South Zuni Street. STAFF SOURCE: Janet Gri~mett, Housing Finance Spemlltt. ~
· ii. Council Bill No. 11 -Recommendation from the Community Development Department
~ -to approve a Bui for aii Ordinance authorizing the sale of 23 77 West Wesley A~u~ in~ . . ./
1'1)glewood. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist J1~
iii. Council Bill No. 12 -Recommendation from the Utilities Department to approve the
Intergovernmental Agreement (IGA) between the City of Englewood and the Arapahoe 11'>(0;:: ~ounty School District No. 1 for the MS4 Storr, ~~-P_ermit. STAF~ SOURCE:
lf w a /'lfitewart H. Fonda, Director of Utilities. llf.T~
b. App~f Ordinances on Second Reading.
c. Res olutions and Motions.
i. Recom1 tion from the Community Development Department to approve, by
~UV}
./ motio two ootra c l s for professional services with Development Research Partners to
&() 1) ana e primary jobs and business dusters, and 2) analyze the retail sector in ov Englewood . The proposed con1r~~r1~ :mount of~900. STAFF SOURCE:
~ ~-'tf Graham, Senior Planner. l/U ?fAJ.,,Y ~
Please note: If you have a disability and need auxiliary aids or services, ple;;ase notify the City of Englewood
(303 -762-2407) al least 48 hours in advance of when services Me needed. Thank
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Englewood City Council Agenda
April 1 8, 2005
Page3
12 . General Discussion :
a . Mayor's Choice.
/T~,... Cf}r;;/Jernber's Choice. i tJt)
m~y For Life sponsorship and authorization of use of City logo in publications~
13 . City Manager's Re rt .
Please note : If you have a disability and need auxiliary aids or services, ple.ise notify the City of Englewood
(303-7 62-2407) at least 48 hours in advance cf when services Me needed . To.nk
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