HomeMy WebLinkAbout2004-04-05 (Regular) Meeting Agenda PacketRegular City Council Meeting
April 5, 2004
Ordinance fl ~~ /,21, 22, 23, 24, 25
Re solu<ionl 7' /,o, 51, 52, 53, 54, 55
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
April S, 2004
I. Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Garren at 7 :54 p .m.
Mayor Garren said I apologiu ... we arc running a linlc bit late because our Study Session ran longer.
2 . Invocation
The invocation was given by Council Member Barrentine.
3. PledgeofAUealance
The Pledge of Allegiance was led by Mayor Garrett .
4. Roll Call
Present :
Absent :
A quorum was present.
Also present :
5. Minutes
Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw,
Wolosyn, Yurchick
None
City Manager Scars
City Attorney Brotzman
Assistant City Manager Flaheny
City Clerk Ellis
Director Olson, Safety Services
Housing.Finance Specialist Grimmett, Community Development
Director Gryglewicz, Finance and Administrative Services
Director Fonda, Utilities
Director Ross, Public Works
Open Space Manager Lee, Parks and Recreation
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 15, 2004.
Mayor Garre tt asked is there was any di sc ussion or corrections. There was none.
Vote results:
Ayes :
Na ys:
Motio n carried .
6. Scheduled Visitors
T he re we re no sc hedul ed visi to rs.
Council Members Barrentine. Moore. Bradshaw, Garrett. Wolosyn .
Yurc hick, Tomasso
None
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7 . Unscheduled Visitors
There were no unscheduled visilors .
8. Communications, Proclamations and Appointments
(a) A proclamation declaring the week of April 18, 2004 through April 25, 2004 as Days of
Remembrance for Victims of the Holocaust was considered .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING THE WEEK OF APRIL 18, 2004 THROUGH APRIL 25, 2004 AS DAYS
OF REMEMBRANCE FOR VICTIMS OF THE HOLOCAUST.
Motion carried.
Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
Nays : None
(b) A proclamation recognizing April 16, 2004 as Arbor Day was considered.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION RECOGNIZING APRIL 16, 2004 AS ARBOR DAY.
Motion carried .
Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
Nays: None
9. Public Hearing
No public hearing was scheduled before Council.
10. Consent Agenda
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 10 (a) (I) AND 10 (b) (I), (II) and (Ill).
(a) Approval o f Ordinances on First Reading
(i) COUNCIL BILL NO. 6, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF WESTMINSTER, COLORADO AND THE CITY OF ENGLEWOOD, (:OLORADO FOR AN
EXCHANGE OF THE CITY OF ENGLEWOOD 'S ROTOMJLLING SERVICES TO THE CITY OF
WESTMINSTER IN RETURN FOR THE SERVICES OF THE CITY OF WESTMINSTER STREET STRIPING
MACHINE .
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO. 18. SERlES OF 2004 (COUNCIL BILL NO . 14, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING AN ENCROACHMENT INTO THE CITY OF ENGLEWOOD'S RIGHT-OF-
W A Y FOR STABILIZATION AND REHABILITATION OF THE THOMAS SKERRITT HOUSE 3560 SOUTH
BANNOCK STREET. ENGLEWOOD. COLORADO.
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(ii) ORDINANCE NO . 19, SERIES OF 2004 (COUNCIL BILL NO. 16, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING AN lNTERGOVERNMENT AL AGREEMENT PERTAINING TO
INFORMATION TECHNOLOGY PROCUREMENT AND SUPPORT SERVICES BETWEEN CHERRY HILLS
VILLAGE AND THE CITY OF ENGLEWOOD.
(iii) ORDINANCE NO. 20, SERIES OF 2004 (COUNCIL BILL NO. 17. INTRODUCED
BY COUNCIL MEMBER WOLOSYN)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT (URBAN AREA SECURITY
INITIATIVE) BETWEEN THE CITY OF DENVER, COLORADO AND THE CITY OF ENGLEWOOD,
COLORADO .
Mayor Garrett asked if there was any discussion. There was none.
Vote results:
Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn.
Yurchick, Tomasso
Nays: None
Motion carried.
(c) Resolutions and Motions
There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 -Regular Agenda.)
11 . ReauJar Aaenda
(a) Approval of Ordinances on First Reading
(i) Housing Finance Specialist Grimmett presented a recommendation from the Community
Development Department to adopt a bill for an ordinance approving four Intergovernmental Subgralllee Agreements
with Arapahoe County for 2004 C'.ommunity Development Block Grant funding . She said lut December Council
approved our application and all of our projects were funded. We are now requesting approval so we can get
underway with, hopefully, funds being released June 111• All four projects were funded for a total ofSIS0,000.00 in
Block Grant Funds .
Mayor Garrett asked if there were 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. 19.
COUNCIL BILL NO . 19, lNTRODUCED BY COUNCIL MEMBER BRADSHAW
A BlLL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF FOUR
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 20CM BETWEEN THE
ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO.
Mayor Garrett asked if there was any discU5Sion . There wu none .
Vote results:
Ayes : Council Members Barrentine. Moore , Bradshaw, Garrett. Wolosyn.
Yurchick . Tomasso
Nay : None
Mouon carried .
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(ii) Director Gryglewicz presented a recommendation from the Department of Finance and
Administrative Services to adopt a bill for an emergency ordinance reaffirming the establishment of the Sewer
Utility Enterprise. He said this is really a formality that came about with the passage of Tabor, to reaffirm the
Enterprise status of the Sewer Utility Enterprise. This is being done as an emergency to coincide with the next bill
for an ordinance authorizing intergovernmental agreements.
Mayor Garrett asked if there were any questions . There were none .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (ll) -COUNCIL BILL NO. 21.
COUNCIL BILL NO. 21 , INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, REAFFIRMING THE
ESTABLISHMENT OF ITS SEWER UTILITY ENTERPRISE; PRESCRIBING DETAILS IN CONNECTION
THEREWITH; AND DECLARING AN EMERGENCY.
Mayor Garrett asked if there was any discussion . There was none.
Vote results:
Motion carried .
Ayes :
Nays :
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
None
(iii) Director Gryglewicz presented a recommendation from the Littleton/Englewood
Wastewater Treatment Plant Supervisory Commillee to adopl a bill for an emergency ordinance authorizing two
Intergovernmental Agreements with the Colorado Water RC50Urces and Power Development Authority for the
issuance of Water Revenue and Water Pollution Control Revolving Fund bonds for the Phase 2 Expansion Project.
He said these two intergo vernmental agreements are for a loan from the Revolving Fund from the Authority and it
states in here that that is for $33,000,000.00. That is a liule bit higher than we actually anticipa!e taking. We are
looking at $30,000,000.00 and $21,000,000.00 from the Bonds. This is going to fund the SI 10,000,000.00 total
project cost. Those are being split SQ.ISO by Littleton and Englewood. This is being done as an emergency to take
advantage o f interest rates and to have funding for the actual bids as they come in.
Mayo r Garrett as ked if there were any questions for Mr. Gryglcwicz . There were none .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (Ill) -COUNCIL Bl LL NO. 20.
CO UNC IL BILL NO. 20 . INTRODUCED BY COUNC IL MEMB ER BRADSHAW
A BILL FOR AN ORDINANCE OF T HE CITY OF ENGLEWOOD, COLORADO, APPROVING LOANS TO B E
MADE TO T HE C ITY BY THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT
AUTHORIT Y FOR THE PURPOSE OF RNANC ING ADVANCED TREATMENT UPGRADES TO, AND THE
CONSTRUCTION OF IMPROVEMENTS IN CREASING THE TREATMENT CAPACITY OF, THE CITY 'S
JOINT WAST EWATER TRE ATMENT PLANT; AUTHORIZING THE FORM AND EXECutlON O F LOAN
AG RE EME NTS AND BONDS T O DOCUMENT THE LOANS ; PROVIDING FOR PAYMENT OF THE BONDS
FROM REVENUES OF T HE C IT Y'S S ANITARY SEWER SYSTEM ; PRESCRIBING DETAILS IN
CO N NECT ION THEREWI T H ; AND D ECLARING AN EMERGENC Y.
Mayo r Garrett as ked if there wa s any d isc ussion. T here was none .
Vote results:
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Motion carried.
Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick , Tomasso
Nays: None
(iv) Director Fonda presented a recommendation from the Utilities Department to adopt a bill
for an ordinance approving an agreement for realignment of Brown Ditch in Columbine Valley Estates along
Watson Lane. He said the property owner at Watson Lane wants to make a very slight adjustment in the ditch
alignment. It is not a ditch that we use, but one where we are retaining the right-of-way in case we should ever need
to use it. There is a fairly high probability that we won't, but we are retaining the right-of-way and we have
determined that this slight movement will not affect our potential future uses of the ditch and therefore we
recommend passage.
Mayor Garrett asked if there were questions for Mr. Fonda. There were none.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (Iv) -COUNCIL BILL NO. 15.
COUNCIL BILL NO. 15, INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZING AN "AGREEMENT FOR REALIGNMENT OF BROWN
DITCH IN COLUMBINE VALLEY ESTATES" BETWEEN THE OWNERS OF CERTAIN PROPERTIES
ALONG THE RIGHT-OF-WAY AND THE CITY OF ENGLEWOOD, COLORADO.
Mayor Garrett asked if there was any discussion. There was none .
Vote results:
Motion carried.
Ayes: Council Members Barrentine, Moore. Bradshaw, Garrett, Wol06yn,
Yurchick, Tomasso
Nays : None
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for approval on second reading. (See Agenda Item 10 -Consent Agenda.)
(c). Resolutions and Motions
(i) Director Gryglewicz presented a recommendation from the Department of Finance and
Administrative Services to adopt a resolution declaring the intent of the City of Englewood to reimbune itself with
proceeds of a future borrowing for capital outlays related to the Phase ll expansion of the Littleton/Englewood
Wastewater Treatment Plant . He said this resolution is being done more as a formality, just to ensure that if the City
does reimburse itself from its own funds expended for the Phase II Project, that we are in compliance with
regulations . We are not actually intending to do this, but I am doing it just to cover ourselves in case it does come
up.
Mayor Garrett asked if there were any questions . There were none .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
1 l (c) (I) -RESOLUTION NO. 41, SERIES OF 2004.
RESOLUTION NO. 48. SERIES OF 2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. DECLARING
ITS OFFICIAL INTENT TO REIMBURSE ITSELF WITH THE PROCEEDS OF A AJTURE BORROWING
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FOR CAPITAL OUTLAYS RELATED TO THE PHASE IJ EXPANSION OF THE LITILETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT .
Mayor Garrett asked if there wa s any discussion . There was none.
Vote results:
Motion carried .
Ayes :
Nays :
Council Members Barrentine, Moore, Bradshaw. Garrett, \\'olosyn,
Yurchick, Tomasso
None
(ii) Director Ross presented a recommendation from the Department of Public Works to
adopt a resolution supporting Six Year Reauthorization of the Transportation Equity Act for the 21" Century (TEA-
21) regarding TEA-21 Funding. He said I am here tonight to ask you to consider passing a resolution that would
indicate your support for the Senate version of the TEA-21 Funding. This measure has been discussed and debated
for about a year in the Congress. The President has come out and said that he would support a transportation bill of
256 billion dollars . The United States Senate voted 78 to 20 against that, saying that no, it needs to be closer to 318
billion dollars. The Department of Transportation completed a study of the conditions and in asscssing the
performance of our highways and transit they. actually. have come out in favor of 375 billion dollars. The House,
just Friday, passed their version of the same bill and they came in al 293 billion dollars. So, the Senate version goes
the farthest toward addressing the needs. That is why the Colorado Municipal League and the National League of
Cities have asked their member cities to show their support. so when the House and the Senate get together to
discuss this in committee and try to come up with a compromise bill, hopefully, they will take resolutions from
agencies such as Englewood into consideration. Mr. Ross said if you have any questions, I will be happy to try to
address them.
Mayor Garrett asked if there were questions for Mr . Ross .
Council Member Wolosyn said only to compliment you on the packet item . It was informative and I liked it .
Mayor Garren said what's the purpose and where will this resolution go and how will it be used? Mr . Ross said it
will be forwarded to our Congressional delegation. We will also send a copy to the Colorado Municipal League so
they will know that our Congressional people have received it. It will carry whatever weight our Congressional
people will give it.
Mayor Garrett said what docs it mean to Englewood? Mr. Ross said every two years we apply for transportation
improvement money . In the last couple of years we have received almost $2,000,000.00 worth of projects through
thi s process. This yea r we are in the process of getting money for a traffic signal at Kenyon and Broadway out of
the Safety Fund and we are also in the process of getting money for the Broadway Strccucapc, when we improve
the medians along South Broadway. Obviously . if thi s gets held up a nd there is no money there. then these projects
will have to be held back until those monies become available. So. we miss this window of opportunity. given the
current constructio n cli ma te and the favorable bids that we are receiving and who knows what else.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (c) (11) -R~LUTION NO. 49, SERIES OF 281M.
RESOLUTION NO . 49, SERI ES OF 2004
A RESOLUTIO UPPORTI NG THE REAUTHORIZATION OF FEDERAL TRANSPORTATION
PROGRAMS AND POLICIES NECESSARY TO IMPROVE OUR NATION'S MOBILITY AND URGING
CONGRESS TO PA SA S IX-YEAR SURFACE TRANSPORTATION REAUTHORIZATION Bll.L IN TnE
AMOUNT OF NO LESS THAN $318 BILLION DOLLARS .
Mayo r Garren a led 1f there was any d1scusston. There wu none .
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Vote results:
Ayes:
Nays:
Council Members Barrentine, Moore, Bradshaw, Garren, Wolosyn,
Yurchick, Tomasso
None
Motion carried.
12. General Discussion
(a) Mayor's Choice
(i) Mayor Garrett said on May 8111 we will have our tour of Pirate's Cove. I think some of
the pools will be full, so for those of you who would like to jump in, feel free.
(ii) Mayor Garrett said I will not be meeting with Gary Scars this Wednesday, as next
Monday night we will be meeting over at the Wastewater Treatment facility with the City of Littleton. It is a joint
meeting so that will be the agenda for next week.
(iii) Mayor Garrett said also it appears I could be testifying tomorrow on House Bill 1396.
That is the bill on disproportionate fee . I will deal specifically with the issue, if Englewood was the precipitous to it,
we didn't have a reason to be the precipitous to it. If it turns our we are not, I probably won't be testifying, but we
haven't gotten clarity on that. We have tried to do that through several phone calls, but haven't gotten that clarity.
So that will be tomorrow.
(b) Council Members' Choice
(i) Council Member Tomasso said I am curious. I read the paper on Sunday about the
drought, the continued drought. and wondered if it went on for anodler three years what the water situation would
be, worse case scenario, in three years, in relation to Englewood and our water rights. And I wondered if Stu Fonda
has a plan, a worse case scenario worked out.
Director Fonda said I noticed that the article indicated if Lake Powell continues to fall for several years, then the
State engineer at that time would then try to get a State wide plan. And at that point, I don't, quite frankly, know
what the impact on us would be. If it was strictly the trans-mountain diversions, we have many senior rights on the
east slope. It might affect our ability to provide as much high priced water to Highlands Ranch that we lease. I do
not know, he said. barring that there is also a drought simultaneously on the east side, that we would be in a
mandatory restriction capacity at that point . However, I will tell you that I am concerned about it. I am noc in a
panicky mode, but it is something that I think we will certainly look into. If Lake Powell keeps dropping, I think
there will be plenty of time to do that type of analysis, because the State will start a procedure and there will be all
kinds of public meetings and so forth which we attend and sec what sort of things they come up with. Quite frankly,
I don 't know, given the doctrine of prior appropriations, how they would cur people back, other than in their
seniority and we arc fairly senior on most of our rights . So right now, I would say ii would be unpredictable at this
point. but we would probably be in as good a position as anybody on the front range.
(ii) Council Member Yurchick said I just wanted to thank Tom Vandcrmec and Chris Olson
for talking to the liquor store owner up there on Evans and Tcjon and explaining why, even though he had a license
number, that there were no arrests in his robbery. He caught me the other day and he is extremely happy with the
response .
(iii) Council Member Wolosyn:
I . She said I am serving on the Swedish Centennial Committee. The main project of that Committee is a
project called Shots for Tots to promote childhood immunization. They are going to have two clinics ... one at the
Inter-Faith offices and another at a day care learning center in Littleton. As pan of the promotion. they wan1 to
place a banner for a couple of weeks . They are noc sure whether it will be in July or September. They are trying to
decide. but L111lcton has agreed to let them hana thi s banner free of charae and I was hopina that our City Council
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would agree to the same. As I understand it , it is a policy decision. I have a letter here respectfully requesting that.
Mr. Garren asked about the dates. City Manager Sears said we actually received the application today, but I don't
remember what the date was . Ms . Wolosyn said I think it will be in the summer. Ms. Wolosyn said they understand
that if there is someone else in line, they may have to shift. Mr. Garren said they are willing to shift? Ms. Wolosyn
said right, the issue here is can we waive the fee. Mr. Yurchick said how much is the fee? Ms. Wolosyn said
$150.00.
2. She said we had our big Back to Bach Concert and it was a success. I want to thank staff for all of the
support. It always feels good to bring people in from all over the metro area and we received a lot of compliments
for the City during that night. I appreciate Council's support through Aid to Other Agencies for this event and also
to staff in general. Amy Doe does a wonderful job, she said. Also, the previous night, the Young Sinfonia met here.
They also performed and we had another good concert and received a lot of compliments. I heard people saying
they ate at the Patriot and Loyalist Pub and then came up for the concert.
3. She said the Art Show that the Englewood Arts puts on with MOA just ended and we sold $7,600.00 worth
of art so we will be putting some money back into the General Fund. Several members of Council congratulated
her.
(iv) Council Member Bradshaw:
I. She said I think we have a new day labor business in Ray's district on South Broadway. I thought they
couldn't go in. Mr . Tomasso said I looked at that and tried to decide if it was a rehab center, because the people I
saw standing outside did not look like security guards. Ms. Bradshaw said it is on the west side of Broadway and it
is north of Eastman. Mr. Tomasso said it is that building complex where New Balance is on the north end and it is
on the south end. They are looking for security folks for $8 to SI I an hour. It is hard to tell if it is a labor hall or
just what is going on. I crossed the street and there were a bunch of people standing out in front smoking cigarettes.
I walked by it once and the group was a little further south and it looked like a methadone clinic. Ms. Bradshaw said
there is a methadone clinic there too. I would like to make this a Council Request and have staff look into it.
2. She said I would also make a Council Request for information on the number of car businesses going in on
Broadway now. City Manager Scars said as of the end of the moratorium? She said yes, as of the end of the
1110Jratorium .
13 . City Manager's Report
(a) City Manager Sears said just a reminder about this Saturday. There will be coffee and rolls from
8:00 a .m. to 8 :25 a .m. in the Community Room. We arc working through the presentation with each of the staff and
we will have the information to the Council Thursday. Based on goals, strategy and focus. we will look at what the
staff. in particular, felt they perhaps had to let go during this last year and set priorities going into this next year. We
wi ll try to tee up some issues for the Council to maximize the time that we have and try to get feedback from the
Council for the staff. Frank will have a report and is actually prepared to give last montn 's financial report . We will
probably s tart the meeting o ff with the March report to give yo u the best idea where we are, from a budget
viewpoi nt. We need direction from the Council. Council has asked that we don't do the Pirate's Cove walk-through
o n Saturday afternoon . That we "ait until May 8111• So we will probably end after lunch with a wrap-up session by
City Council. and. again . we are looking for direction from Council on your priorities. as you hear where staff is on
the i s ue s that we will be looking at. We will also spend some time on our Capital Projects Fund, which has been
somewhat drained and we need some direction . We arc hoping the money starts coming back into that fund .
Ms . Bradshaw said I have a request, could we have an urn from Mile High Coffee, please? Mr. Sears said
abso lutel y . Mr. Yurc hi ck sa id I have another request. I would like to have a working lunch and do our rap up
through lunch.
(b l C uy ~ana ger Sears said next Mo nday evening we meet at 5:30 p .m .. with the City o f Linlct0n. at
the W ste"ater Treatment Plant. After brief introductions. the focus will. primarily. be on all the Was1ewaccr
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Treatment Plant achievements, Stale water issues and where we are with some litigation issues, but primarily it is to
let the Council know U1C status of where we are going with this major expansion of the sewer plant .
City Manager Scars said it is going to be kind of a busy couple of weeks. On the 19*, wc have planned for a tour of
the Elati MainlCnancc Facility with RTD. Pauletta will be meeting us there, along with, hopefully, the staff.
City Manager Scars said wc arc sending out notices of the District meeting being held on the 26* at Cbcrrelyn
School.
14. City Attoraey'1 Report
(a) City Attorney Brotzman said 1 am going to be taking a rather unexpccled vacation starting this
Wednesday afternoon to Boston to watch the Frozen Four . Thank you Council, for your indulgence in allowing me
to go watch my college hockey ICam play .
IS . A~
RRETT MOVF.1> TO ADJOURN. The meeting adjourned at 8:20 p.m.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, APRIL 5, 2004
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
1. Call to order. '7 :5'/~
Invocation. ~ 2.
3. Pledge of Allegiance. ~
4. Roll Call . dJ/ 'l ~
5. Minutes.
0
an-rJ 'J-()a . Minutes from the Regular City Council meeting of March 15, 2004. ~
6. Scheduled Visitors. (Please limit your presentation to ten minutes.)
ff
7. Unscheduled Visitors. (Please limit your presentation to five minutes.) g
8 . Communications, Proclamations, and Appointments .
A proclama ti
'I-/QIU()Ftf.PA.ll-/f't4111/l#ti/ HAIL;,.~•
· , as Days of Remembrance for Victims of the
Holocaust. WH."e,f.""1.,J..-
9. Public Hearing. (No Public Hearing Scheduled )
~
Pleast' note: If you have a disability and need auxiliary aids or services, please notify the City of Enstewoc,d (303·
762-2 405) at least 48 hours in advance of when services are needed. ~ you.
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10. Consent A~JliJ· ~,,.,, /) ,..;.,,,. .LL). /J,i~r_A_L,.,I A~ /n!AfS lu?:11/ 'l-0 N,4/JYIAI() mvv.E-: 1v ffr~£tVe. LU '!V~~ . . . .. v-r jV a. Approval of Ordinances on First Reading. 'C) '-') /0 t,.,1_; / I i-lJ 1
i. Council Bill No. 6 -Recommendation from the Department of Public Works to
ac:lopt a bill for an ordinance approving an Intergovernmental Agreement wi(h
the City of Westminster for equipment sharing. STAFF SOURCE: Ken Ross,
Director of Public Works .
b. Approval of Ordinances on Second Reading.
(/7.d, I-IP i.
t;d/1 )7 ii.
~1-XJ iii.
Council Bill No. 14, approving an Encroachment Agreement at 3560 S. Bannock
Street, the Skerritt House.
Council Bill No. 16, approving an Intergovernmental Agreement with the City of
Cherry Hills Village to provide Information Technology Procurement and
Support Services.
Council Bill No. 1 7, approving an Intergovernmental Agreement with the City
and County of Denver's Department of Safety regarding the Urban Area Security
Initiative.
c. Resolutions and Motions.
IY
11. Regular Agenda.
a. Approval of Ordinances on First Reading.
i.
Offd'l-o
ii.
&pfd?-o
i ii.
Ofpl'l-{)
Council Bill No. ] 9 -Recommendation from the Community Development
Department to adopt a bill for an ordinance approving four Intergovernmental
Subgrantee Agreements with Arapahoe County for 2004 Community
Development Block ~~ ~ndi9g. S~F SOURCE: Janet Grimmett, Housing
Finance Specialist l(J.~
Counci l Bill N o . 21 -Recommendation from the Department of Finance and
Aclminist rati v e Service s to adopt a bill for an emergency ordinan ce reaffirming
t he establishment of the Sewer tility Enterprise . STAFF SOURCE: Frank
Gryglewicz, Finance Director.~,p,~t,,J.~.--
Council Bill No. 20 -Recommendation from the Littleton/Englewood
W as tewater Treatment Plant Superv i sory Committee to adopt a bill for an
emerge ncy o rdinance authorizing two (2) Intergovernmental Agreements with the
Co lora do W ater Resources an d Power Development Authority for the issuance of
Wa ter Reve nu e and Water Pollut ion Control Revolvi ng Fund bonds for the Phase 2
E pansio n Project. STAFF SOURCE: Stewvt H. Fonda, Director of~.~ _
Frank Gryglewicz, Director of Finance and Administrative Semcfl./~
Pl a e not : If ou have a di bthty and need auXlli.iry atds Of services. please nolify the City of En glewood
(303-762 -NOS) a t least 48 hours in advance of when services are net!ded. Thank
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Englewood City Co un cil Agenda
Apri l 5, 2004
Page 3
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iv. Council Bill No. 15 -Recommendation from the Utilities Department to adopt a
bill for an ordinance approving an agreement for realignment of Brown Ditch in
Columbine Valley Estates along Watson Lane. STAFF SOURCE: Stewart H.
Fonda, Director of Utilities. ~
Approval of Ordinances on Second Reading.
2-'
Resolutions and Motions.
i. Recommendation from the Department of Finance and Administrative Services
to adopt a resolution declaring the intent of the City of Englewood to reimburse
itself with proceeds of a future borrowing for capital outlays related to the Phase
II expansion of the Littleton/Englewood Wastewatiy_;~~ef!';nt Plant STAFF
SOURCE: Frank Gryglewicz, Finance Diffi.1or. ~
Recommendation from the Department of Public Works to adopt a resolution
supporting Six Year Reauthorization of the Transportation Equity Act for the 21"
Century (TEA-21) regarding 2-21 ~un91ng . STAFF SOURCE: Ken Ross,
Director of Public Worb. /(f}J..,/ .. -4,/,J,Ur--
12 . General Discussion .
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report.
Adjournment. <g'.'j..() ~
Th e following minutes were transmitted to City Council between March 12 and April 1, 2004 :
• Englewood Transportation Advisory Committee meeting of February 12, 2004
• Englewood Code Enforcement Advisory Committee meeting of February 18, 2004
• Engl ewood Liquor Licensing Authority meeting of March 3, 2004
Pl eas e note : If you have a di sability and need auxiliary aids or services, please notify the City of Englewood
(3 0 3-762 -2405) at least 48 hours in advance of when services are n~. Thank ou .
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Ses&lon
March J 5, 2004
I . CaU to Order
The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :30 p.m .
2 . Invocation
The invocation was given by Council Member Barrentine .
3. Pledce of Al.lepanc:e
The Pledge of Allegiance was led by Mayor Garrett.
4. RoUCaU
Present:
Absent:
A quorum was present.
Also present:
5. Minutes
Council Members Tomuso, Moore, Barrentine, Garrett. Bradshaw,
Wolosyn, Yurchick
None
City Manager Sean
City Attorney Brotzman
Assistant City Manager Aahcrty
Deputy City Clerk White
Director Ingle, Information Technology
Director Olson, Safety Services
Director Ross, Public Works
Director Gryglewicz, Finance & Administrative Services
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO
APPROVE THE MI NUT~ OF THE REGULAR CITY COUNCIL MEETING OF MARCH 1, 2004.
Mayor Garrell asked if there was any discussion or corrections.
Council Member Bradshaw said Ruth Steel 's name was spelled wrong. There is no "e" at the end of Steel.
Mayor Garrett thanked Ms. Bradshaw.
Vote results:
Ayes :
Nay s:
Motion carried.
6. Scheduled Visitors
There were no scheduled visitors .
Council Members Barrentine , Moore , Bradshaw. Garrett, Wolo&yn,
Yurchick, Tomasso
None
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Englewood City Council
March 15, 2004
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7 . Unscheduled Visitors
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(a) Richard K . Brown, 2170 W. Warren Avenue, said, in January we moved into our home and
there have been numerous situations with loud music coming from cars. I confronted a nei ghbor, trying to be
civil, and the person pulled a knife on me. to later find out he is a gang member. We have been in
commun ication with Englewood Housing because he was staying in a house he was not supposed to be living in.
He has since left . I have noticed other gang members in the area. When I went for a walk one night, I was
accosted and was followed for six blocks before I could get to the Shell Station, at Evans. This issue needs to be
brought to City Council's aucntion, that is why I am here tonight. I don't know what else to do.
Mayor Garren thanked Mr. Brown for bringing that to Council . He said Director Olson is our Director of Safety
Services. I don't know whether you have had an opportunity to contact the Safely Services Department and
work with them but they arc usually very responsive to those types of issues .
Mr . Brown said we have talked to the Community Relations Officer and she suggested to get a community watch
going ... Council Member Bradshaw said Neighborhood Watch ... he said yes. Neighborhood Watch, thank you.
Mr . Brown stated. since we arc so new in the neighborhood, it is kind of hard to figure out our neighbors. I had
another incident with the children of a neighbor, about their loud music . They live next door to my uncle, and he
said they are calm, reasonable people. so I went to talk to them. They corralled me in the street, wanting to
attack me . I don't know how old these kids arc, but I am assuming they arc over eighteen.
Mr. Brown said my dad was raised in the home I bought from my Grandma. I had been lead to believe that it is
a civil neighborhood. but am coming to find out it is not. He said there isn't a sense o'f community there. I don't
know if it is because it is bordering Denver on multiple sides, since it is just a lillle island of Englewood, or
what. I really don't know. My lady and I feel like our hands are tied. She has a hard time walking out in the
street af1er dark. That is not a neighborhood to me .
Mayor Garrett said thank you for bringing it to our anention. We will make a note of that address.
8. Communications, Proclanmtloas and Appolntmenta
There were no communications, proclamations, or appointments .
9 Publk Hearing
No public hearing was scheduled before Council.
10. Consent Agenda
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 10 (a) (I), 10 (b) (I) AND 10 (c) (I).
(a) Approval of Ordinances on First Reading
(i) COUNClL BILL NO . 16. INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
PERTAINING TO INFORMATION TECHNOLOGY PROCUREMENT AND SUPPORT SERVICES
BETWEEN CHERRY HILLS VILLAGE AND THE CITY OF ENGLEWOOD.
(b) Approval of Ordinances on Second Reading
(i) ORDINA CE NO . 13. SERLES OF 2004 (COUNCIL BILL NO. I, INTRODUCED
BY O 'ClL MEMBER BRADSHAW)
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Englewood City Council
March 15, 2004
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AN ORDINANCE AUTHORIZING ACCEPTANCE OF A TRANSPORTATION/UTILITY EASEMENT
ALONG SOUTH BANNOCK STREET BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND
DILLON REAL EST ATE COMPANY, INC.
(c) Resolutions and Motions
(i) APPROVAL TO AWARD A CONTRACT TO RN CIVU.. CONSTRUCTION IN THE
AMOUNT OF $201.173 .00 FOR TANK REPAIRS TO THE TWO CLARKSON STREET 3-MllllON-GALLON
RESERVOIRS .
Vote results:
Ayes:
Nays:
Motion carried.
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
None
11 . Regular Agenda
(a) Approval of Ordinances on First Reading
(i) Director Olson presented a recommendation from the Depanmcnt of Safety Services
to adopt a bill for an ordinance approving an lntcrgovcmmcntal Agreement with the City and County of
Denver's Department of Safety regarding the Urban Arca Security Initiative. He said this is an item we
discussed in Study Session and by approving this, it allows us to supply needed information to the Federal
government for the Department of Homeland Security and ultimately to free up the funds for the City of
Englewood, specifically for 2003, for the general overhaul to our radio communication systems and public
safety. So, I am requesting the approval of this ordinance.
Mayor Garrett asked if there were any questions for Director Olson. There were none .
Mayor Garrett said there is a request by Council Member Bradshaw, as well as the City Manager. to thank you
for your efforts on behalf of the City of Englewood and all that you have done for us. Thank you.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (I)· COUNCIL BILL N0.17.
COUNCIL BILL NO. 17. INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BlLL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT (URBAN
AREA SECURITY INITIATIVE) BETWEEN THE CITY OF DENVER. COLORADO AND THE CITY OF
ENGLEWOOD. COLORADO.
Ma yor Garrett asked if there wa s any discussion . There was none.
Vote results:
Motion carried .
Ayes:
Nays:
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
None
(ii) Director Ross presented a recommendation from the Dcpanrnent of Public Works to
ado pt a bill for an o rdinance approving an Encroachment Agreement at 3560 S . Bannock Strcct. the Skerrilt
Hou se . He said the original house was built in 1864 and the propeny in question was plated in 1926. Mr . Ross
said the ho use wa there before the: right -of-way but when it was dedicated, a portion of the hou5C was in the
So uth Bannock Street right -of-way. The: o wner wishes to stabilize and rehabililale dus buildina. It hu been
damaged o ver umc due to the clement and neglect, so, the front of the building encroaches illlO the City ript-
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Englewood City Council
March IS, 2004
Page4
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of-way and only City Council can approve this encroachment agreement. Mr. Ross said I am here before you
tonight asking you to do that.
Mayor Garrett asked if there were any questions for Director Ross. There were none .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (Ii) • COUNCIL BILL NO. 14.
COUNCIL BILL NO. 14, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING AN ENCROACHMENT INTO THE CITY OF
ENGLEWOOD'S RJGHT-OF-W A Y FOR STABILIZATION AND REHABILITATION OF THE THOMAS
SKERRITT HOUSE 3560 SOUTH BANNOCK STREET. ENGLEWOOD, COLORADO.
Mayor Garrett asked if there was any discussion. There was none.
Vote results:
Motion carried.
Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
Nays : None
(b) Approval of Ordinances on Second Reading
(i) Council Bill No. JO, amending sections of the Englewood Municipal Code pertaining
to Outdoor Storage in Residential, Business, and Industrial Zoned Districts was considered.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (b) (I) -ORDINANCE NO. 14.
ORDINANCE NO. 14, SERIES OF 2004 (COUNCIL BILL NO . 10, INTRODUCED BY COUNCIL MEMBER
WOLOSYN)
AN ORDINANCE AUTHORIZING AMENDING TITLE 15, CHAPTER 7, OF THE ENGLEWOOD
MUNICIPAL CODE 2000 BY THE ADDITION OF A NEW SECTION 4, RELATING TO OlITDOOR
STORAGE IN RESIDENTIAL, BUSINESS AND INDUSTRIAL ZONED DISTRICTS IN THE CITY OF
ENGLEWOOD .
Ma yo r Garrett asked if there was any disc ussion . There was none .
Vote results:
Moti o n ca rr ied .
Ayes:
Na ys :
Council Members Barrentine, Moore , Bradshaw, Garrett, Wolosyn ,
Yurchick , Tomasso
None
(ii ) Council Bi ll No . I I. amending sections of the Englewood Municipal Code pertaining
to Ino perabl e Vehicle s. Off-Road Vehicles , and Trailers was considered .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (b) (Ii) -ORDINANCE NO. IS.
ORDI NAN CE NO . I 5. SERIES OF 2004 (COUNCIL BILL NO . I I. INTRODUCED BY COUNCIL MEMBER
WOLO SYN )
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Englewood City Council
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AN ORDINANCE AMENDING TITLE 15. CHAPTER I, SECTION 2, DEFINITIONS; TmE 15 , CHAPTER
9 , SECTION I , PERTAINING TO INOPERABLE MOTOR VEHlCLES; AND ADDING A NEW TITLE 15,
CHAPTER 9. SECTION 2, PERTAINING TO OFF-ROAD (ORV) VEHICLES AND TRAILERS, OF THE
ENGLEWOOD MUNICIPAL CODE 2000.
Mayor Garrett asked if there was any discussion. There was none .
Vote results:
Motion carried .
Ayes : Council Members Barrentine, Moore, Bradshaw, Garren, Wolosyn,
Yurchick. Tomasso
Nays : None
(iii) Council Bill 12, amending sections of the Englewood Municipal Code pertaining to
gopcds/motorized scooters was considered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (b) (111) -ORDINANCE NO. 16.
ORDINANCE NO . 16, SERIES OF 2004 (COUNCIL BILL NO . 12, INTRODUCED BY COUNCIL MEMBER
BRADSHAW )
AN ORDINANCE AMENDING TITLE 11 , CHAPTER I, SECTION I, SUBSECTION B, WITH THE
INSERTION OF A NEW PART 4 AND 6, AND WITH THE ADDITION OF A NEW SUBSECTION C TO
TITLE 11 , CHAPTER I, SECTION I, UNDER DEFINITIONS PERTAINING TO GOPEDS/MOTOR1ZED
SCOOTERS OF THE ENGLEWOOD MUNICIPAL CODE 2000.
Ma yo r Garrett asked if there was any discussion. There was none.
Vote results:
Motio n carried .
Aye s:
Nays :
Council Members Barrentine, Bradshaw , Moore . Garrett, Yurchick ,
Tomasso
Council Member Wolosyn
(iv ) Council Bill 13 , amending the Englewood Municipal Code by adding a new
sub ectio n to the Model Traffic Code regarding helmet requirements for operators of gopcds/motorizcd scooters
was co nsi dered .
C OUNC IL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
IT EM 11 (b ) (Iv)-ORDINANCE NO. 17.
ORDINANCE NO . 17. SERLES OF 2004 (COUNCIL BILL NO . 13. INTRODUCED BY COUNCIL MEMBER
BRADSHAW )
AN ORDINANCE AMENDING TmE 11. CHAPTER I. SECTION I. SUBSECTION B OF THE
ENG LEWOOD MUNICIPAL CODE 2000, BY THE INS ERTION OF A NEW PARAGRAPH 7, WHICH
ADDS A NEW SUBSECTION (d ) TO SECTION 220( I). OF THE MODEL TRAFFIC CODE 1995 ,
PERTAINING TO HELMETS REQUIRED FOR PERSONS WITHOUT A DRIVERS LICENSE WHrLE
RIDING GOPE DS/MOTORIZE D SCOOTERS .
Ma yor Garrett asked if there was any di sc w sion. There was none .
Vote results :
Aye,: Council Members Barrentine , Bradshaw. Moore . Gam:11 , Wolosyn.
Yurch1cl, Tomasso
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Englewood City Council
March ts, 2004
Page6
Nays:
Motion carried .
None
(c) Resolutions and Motions
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{i) Director Gryglewicz presented a recommendation from the Dcpanrnent of Finance
and Administrative Services to adopt a resolution approving a transfer of funds from the Surplus and Deficiency
Fund and the CRpital Equipment Replacement Fund. and supplemental appropriations for Art in Public Places
{One-Percent for Arts) and the Library Services Depanmcnt. He said this resolution transfers $20,862.00 from
the Surplus and Deficiency Fund to the General Fund . These funds are not required by Chaner to be held in that
fund so we are moving them to the General Fund for general use . The transfer from the Capital Equipment
Replacement Fund is $12,000.00 so the total transfer to the General Fund is $32,862.00. You are also making a
supplemental appropriation for the Library of S 12,000.00 and a separate one percent for the Arts, in the amount
of $5.525.00. It is a requirement of a resolution passed a few years ago and it was not included in the 2004
budget, but will be in future budgets .
Mayor Garrett asked if there were any questions for Mr. Gryglewicz. There were none.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (c) {I) -RESOLUTION NO. 46, SERIES OF 2004.
RESOUITION NO. 46, SERIES OF 2004
A RESOLUTION APPROVING THE TRANSFER AND SUPPLEMENT AL APPROPRIATIONS OF FUNDS
TOTHE2004 BUDGET.
Mayor Garrett asked if there was any.discussion. There was none.
Vot~ ttSUlts:
Motion carried.
Ayes:
Nays :
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick. Tomasso
None
(ii) Director Ross presented a recommendation from the Depanmcnt of Public Works to
adopt a resolution authorizing negotiation of a contract with Bituminous Asphalt Scaling Specialists {BASS) in
an amount not to exceed $395.000 for the 2004 micro surfaci ng program. He said each year our Street
Maintenance Division reviews 119 miles of the streets of the City of Englewood and evaluates which streets
need maintenance effons. The design life of an asphalt road is 20 years and in order to coax those 20 years of
life out of o ur roads in Colorado, with the tough freeze-thaw cycle, studded soow tires, challenging and
constantl y changing s ubs urface conditions , trucks and buses, we need to perform resurfacing treatments
period1cally . BASS has sa tisfactorily panicipated in a pannership type of arrangement with the City for the last
thincen years to construct our micro surfacing program. Mr. Ross said we have placed over 2.67 million square
yard, of our design product, which ,s about 142 miles of roadway . We believe the recommended course of
ac tion represents s uperi or value to our citizens So, I ask that you allow us to again do this in 2004.
Mayor Garrett asl..ed if there were any questions for Mr. Ross. There were none.
CO CIL MEMBER BRADSIIA W MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (c) (Ii) -RESOLUTION NO. 47, SERIES OF 2004.
RE OLITT ION O 47 . ERi OF2004
RE OL 10 AUTII RI ZING TIIE NEGOTIATION AND AW ARD OF A CONTRACT FOR
E GLEWOOD' 2~ 11CRO-RFACING PROGRAM INSTEAD OF THE PETITIVE BID
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Englewood City Council
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PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3-1 OF THE
ENGLEWOOD MUNICIPAL CODE 2000 .
Mayor Garrell asked if there was any discussion. There was none.
Vote results:
Ayes:
Nays:
Motion carried.
12 . General Discussion
(a) Mayor's Choice
Council Members Barrentine, Bradshaw, Moore, Garrett. Wolosyn,
Yurchick, Tomasso
None
Mayor Garrett did not have any matters to bring before Council.
(b) Council Members' Choice
(i) Council Member Barrentine:
I . She said I want to thank Community Development Senior Planner Mark Graham and Director Mary
Roberts with Littleton Community Development, for their presentation I attended on Tuesday.
2 . She said I want to thank Code Enforcement Sergeant Sanchez for taking me on a tour in the City. We
then spent about two hours, mostly, in District One. I was very impressed by the amount of contact he has with
the community and the efforts he has made up there.
3 . She said I want to thank Officer O'Connor for taking me on a ride-along on Friday night. l learned an
awful lot and appreciate him taking the time .
(ii ) Council Member Yurchick:
1. He said I would like to talk to Sue and probably go to part of the CML Conference this year . I will
come back with some numbers next Council meeting.
2 . He said I wo uld like to acknowledge a couple of Director Olson's officers. We had a break in this
wee kend at my bus iness. Officer Castillo was the investigating officer and very enthusiastic about her job. I
would like to tha nk O ffice r Saldi var for coming out and taking fingerprints .
13 . City 'Manager 's Report
Ci ty M anager Sears d id no t have any matters to bring before Council.
14 . City Attorney's Report
City Ano rney Brotz ma n d id not have an y ma ilers to bring before Council .
I S. Adjournment
ADJOURN . The meeting adjourned at 7 :45 p .m.
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WHEREAS, th, Ho!~~~:: :L~kM,:~~: ~•k=b, ~=Wioo 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 of the
Victims of the Holocaust to be commemorated this year from Sunday April 18 through
Sunday April 25, 2004. The Day of Remembrance, Yom Hashoah, is April 18'h.
NOW THEREFORE, I, Douglas Garrett, Mayor of the City . of Englewood, Colorado,
hereby proclaim the week of Sunday, April 18th through Sunday, April 25th, 2004 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 further proclaim that we, as citizens of the City of Englewood ,
Colorado should strive to overcome intolerance and indifference through learning and
remembrance .
GIVEN under my hand and seal this 5lll day of April, 2004 .
Douglas Garrett, Mayor
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PROCLAMATION
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WHEREAS, in ~72 J. Sterling Morton proposed to the Nebraska Board of Agriculture
that a special day i set aside for the planting of trees; and
WHEREAS, Arbor Day is now observed throughout the United States and the world; and
WHEREAS , trees can reduce the erosion of our precious topsoil by wind and water, cut
heating and cooling costs, moderate the temperature, clean the air, produce oxygen and
provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes , fuel for
our fires and countless other wood products; and
WHEREAS, trees in the City of Englewood increase property values, enhance the
economic vitality of business areas, and beautify our community; and
WHEREAS, trees are a source of joy and spiritual renewal ; and
WHEREAS, the City of Englewood, Colorado has been recognized for 19 consecutive
years as a Tree City USA by The National Arbor Day Foundation and desires to continue its
tree-planting ways; and
WHEREAS, the State of Colorado celebrates Arbor Day on the third Friday in April;
NOW THEREFORE, I, Douglas Garrett, Mayor of the City of Englewood, Colorado, hereby
recognize
ARBOR DAY
in the City of Englewood, Colorado, and I urge all Englewood citizens to support efforts to
care for our trees and woodlands and 10 support our City's community forestry program .
Further, I urge all Englewood citizens to plant trees to gladden the hearts and promote the
well-being of present and future generations.
GIVEN under my hand and seal this 5th day of April, 2004 .
Douglas Gurm. Mayor
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
Intergovernmental Agreement (IGA)
April 5, 2004 10 a i with City of Westminster for
Equipment SharinR
Initiated By: I Staff Source:
Public Works Ken Ross Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
No previous City Council action has been taken .
RECOMMENDED ACTION
Approval of a Bill for an Ordinance to enter into an agreement with the City of Westminster to
formalize an Equipment Sharing arrangement
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Approximately fifteen years ago, while attending an American Public Works Association (APWA)
meeting. the streets managers for the Cities of Englewood and Westminster recognized that each
had equipment that was useful to the other, i.e., Englewood was in need of a street striping
machine, while Westminster was in need of a rotomil machine. They recognized that. by sharing
their equipment, they could accomplish their needs without purchasing another piece of
equipment
Each year, W estminster provides the equipment and manpower to stripe Englewood's streets in the
sp ring . In return, Englewood provides the rotomil machine and an operator to rotomil
Westminster's streets that their crews plan to overlay during that summer. This arrangement,
typically, equates to about 5 days of equipment sharing each year.
Th is arrangement has been working well since the late 1980s. Westminster's City Council has
requested that th e two cities enter into a formal agreement to stipulate supervision, control,
insurance, maintenance, and transportation issues . The City Attorney for Westminster has provided
the attached Intergove rnmental Agreement (IGA), which has been reviewed by our staff and our
City Attorney.
FINANCIAL IMPACT
This arra ngeme nt saves th e City of Englewood from having to own and maintain a $200,000 striping
machine, o r from having to advertise and bid out our street striping program each year.
LIST OF ATTACHMENTS
Proposed Ordinance
Proposed IGA
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ORDINANCE NO .
SERIES OF 2004
BY AUTHORITY
INTRODUCED BY COUNCIL
MEMBER ------
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF WESTMINSTER, COLORADO AND THE CITY OF
ENGLEWOOD, COLORADO FOR AN EXCHANGE OF THE CITY OF
ENGLEWOOD'S ROTOMILLING SERVICES TO THE CITY OF WESTMINSTER IN
RETURN FOR THE SERVICES OF THE CITY OF WESTMINSTER STREET
STRIPING MACHINE
WHEREAS , the City of Englewood owns, operates and maintains a rotomilling
machine utilized to remove the asphalt or concrete surface from roadways for the
purpose of overlaying new asphalt or concrete; and
WHEREAS, the City of Westminster owns, operates and maintains a street striping
machine; and
WHEREAS , the City of Englewood bas been providing rotomilling services to the
City of Westminster in exchange for paint striping services by the City of Westminster
for the past 15 years without a formal agreement; and
WHEREAS, both cities recognized that by sharing their equipment, they could
accomplish their needs witliout purchasing another piece of equipment; and
WHEREAS, this agreement provides the City of Westminster with rotomilling
services by the City of Englewood in exchange for the City of Westminster's striping
services for Englewood's streets; and
WHEREAS, the citizens of both the City of Englewood and the City of
Westminster benefit from such an agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I. The Intergovernmental Agreement, attached hereto as "Exhibit A," is
hereby accep ted and approved by the Englewood City Council.
Section 2 . The Mayor is autbo{ized 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 5th day of April , 2004 .
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Published as a Bill for an Ordinance on the 9th day of April, 2004 .
ATTEST : Douglas Garrett, Mayor
Loucrisbia A. Ellis, City Clerk
I, Loucrisbia 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 5th day of April, 2004.
Loucrisbia A. Ellis
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INTERGOVERNMENTAL .AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT, dated this 15th day of
March , 200L , is made and entered into by and between the CITY OF
ENGLEWOOD, a municipal corporation ("Englewood"), and the CITY OF
WESTMINSTER, a municipal corporation ('Westminster").
WHEREAS, pursuant to C.R.S . § 29-1-203, C.R.S., as amended,
governmental entities may cooperate or contract with one another to provide any
function, service or facility lawfully authorized to each, and
WHEREAS. the each City owns machinery and employs operators for the
purpose of maintaining its streets,
and
WHEREAS. Englewood wishes to loan its milling machine to Westminster and
Westminster wishes to loan its striping machine to Englewood.
NOW THEREFORE , the Cities agree to exchange the use of the machines
according to the temis of this Agreement:
1 . Each City shall loan its machinery to the other City upon request of its
Street Operations Manager or other official designated by the City, for a period not to
exceed five (5) days per calendar year.
2 . The machinery loaned by each City shall be operated by employees of the
lending City at all times .
3. The employees shall remain under the supervision and control of the
lending C ity even when working in the other City, and the lending City shall re~ain
solely responsible for the employees· pay. benefits, and discipline.
4. The lending City shall be responsible for any insurance of its machinery
and its tra nsportation , and shall be responsible for repair and maintenance of its
machinery.
5. . Transportation to and from one City to the other will be arranged between
the Street Operation Managers of the two Cities, with the lending City to have final
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control if there is any conflict. •
6 . This Agreement shall commence with the calendar year of 2004 and shall
remain in effect until either City notifies the other of its desire to terminate the
Agreement upon thirty (30) days notice .
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IN WITNESS WHEREOF, the Cities here have executed this Agreement to be
effective as of the date first above written.
CITY OF WESTMINSTER
ATTEST:
APPROVED AS TO FORM:
Sharon Widener, Assistant City Attorney
CITY OF ENGLEWOOD
Douglas Garrett, Mayor
ATTEST :
Loucrisha A . Ellis, City Clerk
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BY AUTHORITY
SERIES OF 2004
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COUNCIL BILL NO. 14
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING AN ENCROACHMENT INTO THE CITY OF
ENGLEWOOD'S RIGHT-OF-WAY FOR STABILIZATION AND
REHABILITATION OF THE THOMAS SKERRITT HOUSE 3560 SOUTH
BANNOCK STREET, ENGLEWOOD, COLORADO.
WHEREAS, the Owner of the Skerritt House located at 3560 South Bannock Street
has requested an encroachment into the City's Right-Of-Way for purposes of
stabilization and rehabilitation of the house on the property; and
WHEREAS, the Owner requests approval of the encroachment as described in Exhibit
A, by the Englewood City Council pursuant to 11-3-4(0) EMC;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT :
Section 1. The City Council finds sufficient cause to approve the encroachment into
the City's Right-of-Way, subject to the conditions set forth in the Encroachment Permit
And Indemnity Agreement attached as Exhibit A.
Introduced, read in full, and passed on first reading on the I S'b day of March, 2004.
Published as a Bill for an Ordinance on the 19th day of March, 2004.
Read by title and passed on final reading on the 5th day of April, 2004.
Published by title as Ordinance No. _, Series of 2004, on the 9th day of April,
2004.
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 the Ordinance passed on final
reading and published by title as Ordinance No. __, Series of 2004.
Loucrisbia A . Ellis
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E:"IICROACHME:,,iT PERMIT AND lNDE:\'INITY AGREEMENT
THIS AGREEMENT, made this day of March, 2004, between
the City of Englewood, Colorado, a municipal corporation, and Colorado reservation
Incorporated, the owner of a certain parcel of real property legally described as: l nts 16 and 17
of Skcrritts Addition Filing No. 3 Subdivision
and commonly known as: 3560 South Bannock Street
The City of Englewood, Colorado, hereby grants to said owner of the property at the above
described location permission to:
Stabilize and rehabilitate the Thomas Skerritt House, which is to entail installing a perimeter
drainage system, removing and replacing portions of the private entry sidewalk, installing
new downspouts and gutters, installing new asphalt shingle roof. installing a new crawl
space ventilation grille. and rehabilitating wood windows, scraping, priming and painting the
wood siding, and where needed performing epoxy repairs, and replacing entire siding boards
where needed on the west side of the Thomas Skerritt House, which construction and
stabilization will encroach approximately two feet \:!') into the South Bannock Street right·
of-way .
The aforesaid property owner and his heirs and assigns understands and agrees dw:
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That the property owner/contractor shall obtain all necessary permits and satisfy all
conditions required for the proposed construction. rehabilitation and stabilization of the
Thomas Skerrin House.
All maintenance of the Thomas Skerrin House and improvements is the responsibility of
the property owner.' And that all normal maintenance on the Thomas Skerritt House and
improvements can be done without permits to do work in the public right-of-way, except
when public improvements need to be disturbed. or the public way occupied in such a
way as to necessitate detouring cars or pedestrians around the work area.
That if the City determines at :my time that the improvements arc not being maintained in
a good and sound state of repair. then the City will provide written notice that these
concerns must be Jddressed in accordance with 11,e Secretary· of the Interior ·s Standards
for Rt!habilitation. The City Manager may give written notice to the owner that
maintenance must be performed or repairs made within a specified period of time. not
less than nmety l 90) days. unless the maintenance in question presents a safety concern to
the general public in which a shorter period may be determined tbr compliance. If such
repairs or maintenance arc not performed within the stated time. the City Manager may
order such repairs or maintenance to be performed by the City and the expenses
connected therewith shall be a lien upon the property adjacent to the improvements until
the cost thereof is fully paid. If the assessment is not ;,aid within thirty (30) days
thereafter, the: City shall certify such assessment to the County Treasurer who shall place
the same upon the t.i., list for ;urrcnt year. to oe collected in the :111me manner JS other
ia.,es .ln! colk :ted. wuh a ten percent l lOO'ri) penalty thereon to Jctt:1y collecnon costs.
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4. That said property owner(s) are estopped to deny the right of the City of Englewood,
Colorado, to revo ke the Encroachment Permit or to deny the property rights of said City.
5. That said the property owner(s) agrees to reimburse and indemnify the City of
Englewood, Colorado, for all necessary expenses of whatever Djlt\lle that may be incurred
in revoking this Pennit, removing the structure placed in the public right-of-way, or any
other expense as a result of granting the Encroachment PenniL
6 . That the property owners shall maintain insurance coverage sufficient to satisfy any
liability arising as a result of this Encroachment Pennit and Indemnity Agreement, and
the City of Englewood shall be held harmless from any and all liabilities arising from
this action.
7 . That this agreement shall inure to the benefit of and be binding upon the heirs, executors,
administrators, assigns, and successors of the respective parties.
IN WITNESS WHEREOF , the panics have set their hands the day and year first written
above.
CITY OF ENGLEWOOD, a municipal corporation
By : _______________ _
ATTEST: Douglas Garren, Mayor
By: ____________________ _
Loucrishia A . Ellis, City Clerk
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PROPERTY OWNER
By:~l,,t::!~~µ~:_:::~~~~~~~-
on, , Propcny Owner
STATE Of COLORADO
) ss .
COUNTY Of )
South Bannock. Street
osc address is: 1900 Waac Street, Suite 360
Denver, CO 80202-1180
Th~regoing instrument was acknowledged before me_ thi~ daG of_ .
,t,,c,A • 2004, by tc..rD . ,-i (.:;EN of
Colorado Preservation. Inc . as the property owner of 3560 South Bannock Street,
Englewood, Colorado 80110 .
My Commission expires :
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BY AUTHORITY
COUNCIL BILL NO. 16
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
PERTAINING TO INFORMATION TECHNOLOGY PROCUREMENT AND
SUPPORT SERVICES BETWEEN CHERRY HILLS VILLAGE AND THE CITY OF
ENGLEWOOD.
WHEREAS, the City Council of the City of Englewood approved an IGA with
Cherry Hills Village authorizing the Englewood Information Technology Department
to perform a compensated analysis of network technology needs of Cherry Hills Village
by the passage of Ordinance No. 54, Series of 2003; and
WHEREAS, the Englewood Information Technology Department recently
completed the analysis for Cherry Hills Village outlining recommendations for
expanding and improving their computer network; and
WHEREAS, Cherry Hills Village wishes to continue the relationship with the
Englewood IT Department by seeking assistance with procurements for information
technology systems and services, as well as providing time and materials support for the
new Cherry Hills Village computer network; and
WHEREAS, the small nature of the Cherry Hills Village computer operation and use
of new, stable and state-of-the art technologies recommended by Englewood IT
Department, will not detrimentally impact other Englewood IT Departmental support;
and
WHEREAS, the passage of this Ordinance authorizes entering into an
intergovernmental agreement with Cherry Hills Village for the Information
Technology Procurement and Support Services
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I . The Intergovernmental Agreement pertaining to Information
Technology Procurement and Support Services between Cherry Hills Village and the
ity of Englewood, attached hereto as "Exhibit A," is hereby accepted and approved by
th e Englewood City Council.
Scctjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal
th e intergovernmental agreement for and on behalf of the City of Englewood,
Colorado.
Introduced , read in full , and passed on first reading on the I 5th day of March, 2004.
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Published as a Bill for an Ordioance on the 19th day of March, 2004 .
Read by title and passed on final reading on the 5th day of April, 2004.
Published by title as Ordinance No. _, Series of 2004, on the 9th day of April,
2004.
Douglas Garrett, Mayor
ATTEST :
Loucrisbia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Enalewood. Colorado, hereby
certify that the above and foregoing is a true copy of the Ordinance paascd on final
reading and published by title as Ordinance No. _, Series of 2004 .
Loucrilhia A. Ellis
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INTERGOVERNMENTAL AGREEMENT (IGA) -FOR INFORMATION TECHNOLOGY
PROCUREMENT AND SUPPORT SERVICES
THIS AGREEMENT, entered into this Zi10 day of a)tlrch . 200<4 by and betwHn the
City of Englewood, whose address is 1000 Englewood Parkway, Englewood, Colorado 80110, and the
City ofCheny Hills Village, whose address is 2450 E. Quincy Avenue, Cheny Hffla VIiiage, CO 80113 .
TERMS OF AGREEMENT
NOW THEREFORE, IT IS AGREED by and between the City of Englewood and the City of Cheny Hills
VIiiage that
1. The City of Englewood shall provide the following services:
a) System Procurement Assistance, including but not limited to the following services :
Determining system functional requirements
• Developing baseline technical specifications
• Consulting with Cheny Hills Village on development of RFP's
Coordinating the bid process , including evaluating and scoring bids
Assisting with contract negotiations with the successful bidder
b) Ongoing Technical Support, including but not limited to the following services :
• Hardware maintenance and repair
Providing end-user technical support
The following additional attachments are made a part of this Agreement Exnibil A -"F•
Schedule"; Exhibit B -·statement of Work.·
2. The City of Englewood will proceed with the performance of the services called far her.-. on lie
date of Agreement execution and shall terminate on December 31, 2005. The Clly nw...., 01
his/her designee may negotiate three additional one (1) year periods at~ prtclng.
3. The City of Englewood shall repair systems identified in this Agreement in I good, WOl1cma ..
manner.
4. The Cily of Englewood and the City of Cheny Hills Village agree not to : ,--90 tin, ~.
promote , demote or discriminate in any manner of compensation ; l*foin•a. a.w:a 01
otherwisa, against any person otherwise qualified solely because or race, Ci'Nd. NII. c:aor.
national origin or ancestry .
5. The Agreement may not be modified , amended or otherwise altered unlea ~ agrNd upon
in writing by both parties .
6 . The City of Englewood by and through its employees and agents 1h11 be CO'llidl ••al
purposes of the Agreement to be independent contractors and not empllr,.._ d lie ~ d
Cheny Hills Village .
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7. The City of Cherry Hills Village by and through its employees and agents shall be considered for
the purposes of this Agreement to be independent contractors and not employees of the City of
Englewood .
8. The City of Englewood shall not assign or transfer its interest in this Agreement without the
written consent of the City of Cherry Hills Village, which consent may be withheld or denied for
any or no reason . Any unauthorized assignment or transfer shall render the Agreement null, void
and no effect as to the City of Cherry Hills Village.
9.
10.
The City of Cherry Hills village shall not assign or transfer its interest in the Agreement without
the written consent of the City of Englewood, which consent may be withheld or denied for any or
no reason . Any unauthorized assignment or transfer shall render the Agreement null, void and of
no effect as to the City of Englewood .
The City of Englewood shall be responsible for the professional quality, technical accuracy, timely
completion and the coordinetion of the services to be provided under this Agreement The City of
Englewood shall, without additional compensation , correct or revise any errors, omissions, or
other deficiencies in its services related to the Agreement
11 . Either party of the Agreement may terminate the Agreement by giving to the other party 30 days
notice in writing with or without good cause shown . Upon delivery of such notice by the City of
Cherry Hills Village or the City of Englewood and upon expiration of the 3Q.day period, the City of
Englewood shall submit a statement, showing in detail the services performed under the
Agreement to the date of termination. The City of Cherry Hills Village shall then pay the City of
Englewood promptly that proportion of the prescribed charges which the services actually
performed under the Agreement bear to the total services called for under the Agreement. less
such payments on account of the charges as have been previously made .
12 . All notices and communications under the Agreement to be mailed or delivered to the City of
Englewood shall be to the following address :
IT Operations Manager
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
All notices and communications pertaining to the Agreement shall be mailed or delivered to the
City of Cherry Hills Village at the following address:
City Clerk
City of Cherry Hills Village
2450 E. Quincy Avenue
Cherry Hills Village , CO 80113
13 . The terms and conllitions of the Agreement shall be binding upon each City , its successors and
ass igns .
14 . Noth ing herein shall be construed as creating any personal liability on the part of any officer or
agent of any public body that may be party hereto , nor shall it be constued aa giving any rights or
benefits hereunder to anyone other than the City of Cherry HIUa Village and the City of
Englewood .
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IN 'MTNESS 'M-tEREOF , the parties hereto have executed lhia AQreemel1t the day and year writl8n
above.
CITY OF CHERRY HILLS YIU.AGE, COLORADO
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ATIEST: APPROVED AS TO FORM :
~-Robert Wdner, City AttDrrwy
CITY OF ENGLEWOOD, COLORADO
Douglas Garrett, Mayor
ATIEST:
City Clerk or Deputy City Clerk
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Exhibit A -F• Schedule
As further specified in this Agreement and Exhibit B atlached henllo, the City of Englewood shall perform
the services called for at the professional services rates outlined below, baled on the actual staff services
provided .
ned Rate
1.28
S85.89
173.21 .as
In addition, where it may be mutually detarmined that the City of Englewood shall provide any parts or
outside vendor services, the City of Englewood's costs plus a twenty pen:ent (20%) handling fH shall
apply .
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EXHIBIT B -STATEMENT OF WORK
1. GENERAL
This document represents the general Statement of Work (SOW) for performing the services
generally outlined in the "Intergovernmental Agreement -Information Technology Procurement and
Support Services· between the City of Englewood, Colorado ("Englewood") and the City of Cherry Hills
Village , Colorado ("Cherry Hills Village') dated $a:, b ,2.. • 2004.
2. PURPOSE FOR STATEMENT OF WORK
The purpose of the governing Intergovernmental Agreement (IGA) is to authorize staff from the
City of Englewood to provide information technology professional services to the City of Cherry Hills
Village in the general areas of System Procurement Assistance and Ongoing Technical Support.
The referenced IGA and the Exhibits attached thereto establish the general terms. conditions and
guidelines to be applied in the execution and actual provision of said services, as further described below:
·system Procurement Assistance·: From time to time, the Cherry Hills Village may engage
Englewood to assist with technology-related information system procurements and implementations as
further outlined in Paragraph 1 of the IGA. Before each engagement. a formal "Letter of Engagement"
shall be developed and signed by authorized officials of both parties outlining the engagemenrs purpose,
tasks to be performed, deliverables, timelines , and the estimated hours and associated costs required to
complete the engagement in accordance with the rates included in Exhibit A of the IGA.
·ongoing Technical Support": Pursuant to the terms and conditions of the governing IGA,
Englewood will supply Cherry Hills Village with hardware maintenance and repair assistance and end-
user technical support for network infrastructure, PC clients, networked peripherals (e .g. printers,
scanners , etc.) and associated operating systems. Cherry Hills Village shall be solely responsible for the
execution and maintenance of system backups and management of related backup media, as well as the
acquisition and maintenance of outside support agreements with providers of proprietary computer
systems used by Cherry Hills Village . As necessary to assist with troubleshooting requests, Cherry Hills
Village agrees to ,make outside support providers available to Englewood staff as necessary to
successfully remediate the issues in question.
In the event that system repairs or system enhancements authorized by Cherry Hills Village
requ ire the purchase of hardware, software or outside professional services, said purchases shall
generally be made directly by Cherry Hills Village with advice and assistance from Englewood staff.
Englewood will advise Cherry Hills Village on potential intergovernmental purchasing agreements or other
proc urement alternatives available to it for hardware and software, and shall assist in the development of
spec ifi cati ons and requirements for other third-party deliverables required to address the targeted needs.
Cherry Hi ll s V illage shall be respons ible for ensuring that all internal approval requirements are
addressed before authoriz ing Englewood staff to assist in the execution of third-party purchases . Both
parties may from time to time determine the need for Cherry Hills Village to purchase and stock spare
hardware at the ir fac il ity in order to ensure more timely resolution of possible system interruptions.
Both parties agree to the use of a remote access and troubleshooting product licensed to the City
of Eng lewood called "Remotely Anywhere·. 'Mlere warranted , this method may result in more effective
and timely correcti on of system issues and avoidance of unnecessary travel costs and on-site .,
troub leshooti ng time. The product will allow Englewood staff to gain remote access to Cherry Hills Village
PC clients and/or servers via a secure Internet connection to both sites. Application of this product during
tro ublesho oti ng events will only take place via remote granting of MSlion ac:cas by Cherry Hills Village
staff per th e security features of the software. Cherry Hilla Village is not required to purchase additional
software or services fr om the City of Englewood or the software developer to utilize !his option.
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The following Cheny Hills Village positions are authorized to place reques1s for service with the
City of Englewood: City Clerk, Records Clerk, Director of Finance and Adminis1ralion, City Manager.
Service requests should be placed to the assigned Englewood PC Support Technician at 720 .989.6843
(cell) or 303 .783 .6839; or. the Englewood IT Operations Manager at 303.762.2387 (desk) or
303 . 725 .1762 (cell), during the support hours of 7:30 AM. IIO 4:00 P.M., Monday through Friday,
excluding the holidays observed by each City .
Englewood shall use its best efforts to resolve emergency and urgent requests for service upon
receipt of such a request In all other non-emergency situations, Englewood guarantees a response to a
request for services within four ( 4) business hours ( as noted above) of its receipt of the request This
guaranteed resporse time is not a representation that the requested services wiR be fully performed and
completed in the four (4) business hours .
Normal support activities by Englewood staff shall first take place via the se,vices of an assigned
Englewood PC Support Technician . If, based on triage activities, the Englewooc:I IT Operations Manager
determines that additional staff expertise is required to efflcienlly and etrec:tively address a service
request. prior authorization will be sought from the Cherry Hills ViUage. Lilcawise, IOlic:itatlon of outside
services by Englewood staff to assist with service requests shall require the prior auttlorizallon of the
Cherry Hills Village .
3. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY ENGLEWOOD
VWh tho exception of the "Remotely Anywhere' ac:ceu tool outlined in Section 2 above, or such
incidental software utilities or testing equipment the City may apply in the course of addressing a service
request, the City of Englewood shall not be responsible for independently supplying other equipment,
parts or software to perform maintenance and support services.
Based on the general list of supported systems included in Section 2 above, It ii mutually
ilCknowledged that programming and configuration work to be performed by Englewoocl llaff shall rwnain
within the general realm of q,uoted staff expertise, including : CISC or Intel-baled _.,..., client PCa and
related peripherals ; 'Mndows-baed client and network operating symms; and industry standard data
communication devices and operating systems, including such lpecillc syllilml • Englewood may
recommend and support as a result of an offlcial System Procuntment Allillanc:e engagement.
4. LOCATION OF WORK FACILmes
Substantially all of the work will be conducted by Englewood either at Cherry Hills City Hal locad at
2450 E. Quincy Avenue, Cheny Hills Vlllage, Colorado, or at the Englewood Civic Cenlar locatad at 1000
Englewood Parkway, Englewood, Colorado .
Cherry Hills Village will provide the Cherry Hills Village office space and support as it agrees may be
appropriate , at its City Hall facility . ·
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BY AUTHORITY
COUNCIL BILL NO. 17
INlRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
(URBAN AREA SECURITY INITIATIVE) BETWEEN THE CITY OF DENVER,
COLORADO AND THE CITY OF ENGLEWOOD COLORADO.
WHEREAS, the Denver Urban Security Initiative grant process began August, 2003
and will continue, at least, through the year 2004; and
WHEREAS, the City of Denver, through the State of Colorado, has cooperatively
worked to identify and include those jurisdictions and public safety and health agencies
contiguous of Denver that should be included in a joint effort to prepare and plan for
potential terrorist and weapons of mass destruction events; and
WHEREAS, approximately SI 5 Million was awarded to this regional effort in 2003
and approximately $8 Million in 2004; and
WHEREAS, Englewood has been a very active participant in this process, having
helped develop the strategic plan, and the communicat.ions plan, and is preparing to
coordinate the public information efforts; and
WHEREAS, to date, Englewood has also been identified to receive over $700,000 for
an upgrade to our Safety Services communications systems; and
WHEREAS, by the approval of this Ordinance the City Council of the City of
Englewood authorizes an intergovernmental agreement with the City of Denver for the
purpose of becoming a participating partner in the Urban Area Security Initiative as
required by the United States Department of Homeland Security and the Sate of Colorado
Office of Preparedness, Security and Fire Safety;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Agreement (Urban Area Security Initiative),
attached hereto .is Exhibit A, is hereby accepted and approved by the Englewood City
Council.
Section 2. Pursuant to Article V, Section 40 of the Englewood Home Rule
Charter, the City Council has determined that this Ordinance shall be published by
title because of its volume . A copy is available in the Office of the Englewood City
Clerk.
~ 3 . The Mayor and City Clerk are authorized to execute and attest said
Agreement for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 15th day of March, 2004.
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Published as a Bill for an Ordinance on the 191h day of March, 2004.
Read by title and passed on final reading on the 5th day of April , 2004.
Published by title as Ordinance No. __, Series of 2004, on the 9th day of April,
2004.
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 the Ordinance passed on final
reading and published by title as Ordinance No. __, Series of 2004.
Loucriabia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item
April 5, 2004 11 a i
INITIATED BY:
COUNCIL GOAL AND PRMOUS COUNCIL ACTION
Council passed Ordinance No. 39, Series of 1994, that was extended by Amendment No. 3 dated
June 26, 2003 relating to participation in the Urban County Entidement Program for CDBG and
HOME funds for 2004 through 2006; and, passage of Resolution No. 86, Series of 2003 supporting
Housing and Community Development that authorized submitting applications for 2004 CDBG
funding.
RECOMMENDED ACTION
Approve a Bill for an Ordinance authorizing the execution of four Intergovernmental Subgrantee
Agreements for the 2004 Arapahoe County Community Development Block Grant Program
between the Arapahoe Board of County Commissioners and the City of Englewood.
BACKGROUND, ANALYSIS, AND ALTEINATMS IDENTIFIED
The Federal Community Development Block Grant (CDBG) Program provides grants to units of
local go ernment and urban counties to meet housing and community development needs. The
o bjecti e of the Program is achieved through projects developed by the local g _.v emment that are
de signed to give priority to those activities that benefit low-and moderattHncome families. Funds
are all ocated by statutory formula to each entidement area. Arapahoe County is an approved
en titl e me nt area. Th e grant funds are distributed by Arapahoe County to each participating city
wi thin th e coun ty .
For FY200 4, fu nds are a ppro e d to support the following projects:
1 . $25,000
2 . $50,000
3 . $45,000
fo r th e Ho us ing Rehabilitation Project (induding the new Handyman Project) to
admini ter, monitor, rehabilitate and/or repair 10 low-income owner-occupied
ho mes scattered throughout the City;
for th e House of Hope Project to provi de taffing for 2 employees;
fo r th e Homeo""n e r Fix-Up Project to dm inister, monitor and provide grants to
im pr o e th visual appearance o f low-income owner-occupied homes within
de ig na ted n ighborhoods in th e City;
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4 . $30,000 for the Rental Fix-Up Project to administer, monitor and provide grants to improve
the visual appearance of 6 low-income renter-occupied homes within designated
neighborhoods in the City.
FINANCIAL IMPACT
The existing employees in Community Development are available to administer the projects and
their salaries and benefits are part of the City's contribution. The City will utilize a portion of the
CDBG funding from the Housing Rehabilitation and both Fix-Up Projects (est $7,000) to partially
offset the costs of those salaries and benefits.
Additional CDBG funding of $10,000 has been approved to hire a contractual program
administrator to manage the day-to-day activities of both Fix-Up projects.
UST OF ATTACHMENTS
Bill for an Ordinance.
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ORDINANCE NO.
SERIES OF 2004
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BY AUTHORITY
AN ORDINANCE APPROVING AND AlmlORIZINO 11tB l!XBCUJ10N OP~
INJl!RGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR. TifE YEAR 2004 f
BBTWBl!N 11IE AR.APAHOB BOARD OP COUNTY COMMISSIONl!R.S AND THE CITY OP
'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 COBO Entitlement Program as extended
by Amendment No. 3, for funding years 2004 through 2006; and
WHEREAS, the Englewood City Council passed Resolution 86, Series of
2003, supporting Housing and Community Development that authorized submitting
an application for 2004 CDBG funding; and
WHEREAS, the project by the City of Englewood known as the "Housing
Rehabilitation Project" bas been categorized as a rehabilitation activity; and
WHEREAS, the project by the City of Englewood known as the "House of
Hope Staffing" bas been categorized as a public service activity; and
WHEREAS, the project by the City of Englewood known as the "Homeowner
Fix-Up Project" bas been categorized as a housing rehabilitation project for low-
income owner-occupied homes within designated neighborhoods in the City; and
WHEREAS, the project by the City of Englewood known as the "Rental Fix-
Up Project" bas been categorized as a housing rehabilitation project for low-income
renter-occupied homes within designated neighborhoods within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE C ITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. The Subgrantee Agreement for the 2004 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 2004 Arapahoe County
Community Development Block Grant -House of Hope Project, attached hereto as
Exhibit B, is hereby accepted and approved by the Englewood City Council.
Section 3. The Subgrantce Agreement for the 2004 Arapahoe County
Comm unity Development Block Grant -Homeowner Fix-Up Project, attached
hereby as Exhibit C, is hereby accepted and approved by the Englewood City Council.
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Section 4. The Subgrantee Agreement for the 2004 Arapahoe County
Community Development Block Grant -Rental Fix-Up Project, u attached hereby
as Exhibit D, is hereby accepted and approved by the Englewood City Council .
Section S. The Mayor and City Clerk are hereby authorized to sign and attest
said Agreements for and on behalf of the City of Englewood, Colorado.
Section 6. The City Manager shall be authorized to further extend and/or
amend the subgrantee agreements for the 2004 Arapahoe County Community
Development Block Grant Program as needed.
Introduced, read in full, and paued on fint readina on the .Sth day of April, 2004.
Published u a Bill for an Ordinance OD the 9th day of April. 2004.
ATTEST : Douglu Oarrea, Mayor
Loucrisbia A. Ellis, City Clerk
I, Loucrishia A. Ellia. City Clerk of the City of Enalcwooci. Colondo, hereby
certify that the above and forepina is a lNe copy of a Bill for aa Ordinance, introduced,
read in full , and pused OD tint ,-liq OD the Stb day of April. 2004.
Louc:riabia A. Ellis
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SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
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COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOUSING REHABll.lTATION
PROJECT NUMBER: ENHS 415
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
I. PURPOSE
The primary objective of Title I of the Housing :ind 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.
II. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the scope of the worlt to be completed :
The SubGrantee will utilize CDBG funding to provide low interest loans 3Dd/or grants to income eligible
homeowners for health and safety related home improvements. Typical improvements may include (but
are not necessarily limited to) plwnbing, electrical systems, roofs, and HV AC worlt.
A. Payment
It is expressly agreed and undmtood that the total amount to be paid by the COWlty under this
contract shall not exceed $25,000.00. Drawdowns for the payment of eligible expcmcs shall be
made against the line item budgets specified in the Project 8udpt and in accordance with
performance criteria established in Section 0-C. The parties expressly recopizc that the
SubGrantee is to be paid with CDBG funds received from the federal government, and tbal lhe
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 thereat: are, or become, unavailable, then the CoW1ty 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 CoWlty by the deadline identified in Section IL
C. 3. below shall revert to the CoW1ty and be utilized for other purposes.
B. Tlmellne
All Project activities will be completed by May 31, 2005 unless this Agreement is modified by
mutual agreement of the County and SubGrantee.
C. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, the criteria
listed below are to be met during the execution of the Project
D.
l. 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 standards.
2. Community Impact:
Affordable housing -stability and housing quality
3. Quarterly Performance Standards:
June 30, 2004:
September 30, 2004:
December 31, 2004:
March 3 1, 2005:
May 31 , 2005:
Reporting Requirements
No requirements established
Market program
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 CoW1ty
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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 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. 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 maximwn CDBG investment per house renovated under this project may not exceed $24,999. This
amount includes any CDBG funding used for project bued :administrative expenses. The SubGnmtee will
comply with all other ColUlty, stale and federal policies, guidelines and requiranents relaled to
minimizing lead hazards in residential properties, including 24 CFR Pan 35 and Colorado
Regulation Number 19.
UI. RESPONSIBILITIES OF THE SUBGR.A.vrEE
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 Houaina and Urban
Development {HUD) by the COIUlty . These include but are not limited to compliance with the
provisions of the Housing and Community Development Act of 1974 and all Nies, replalions,
guidelines and circulars promulgated by the various fedcra.l dcpartMCnts, aacncics. administrations
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and commissions relating to the CDBG Program. A listing of some of the applicable Jaws and
regulations arc as follows:
l. 24 CFR Part 570;
2. 24 CFR Parts 84 and 85;
3. Title YI of the Civil Rights Act of 1964;
4. Title VIlI of the Civil Rights Act of 1968;
5. Sections 104(b) and 109 of the Housing and Community Development Act ofl974;
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;
l 0. Equal employment opportunity and minority business enterprise regulations established
in 24 CFR part 570.904;
l l. 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 conttact with any entity
registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement
Programs.
8. Non-Appropriadoas Claase
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 fiom 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 gs-ant and
the federal statutes control rather than the provisions of Section :?4-91-103 .6, C.R.S . with regard to
any public work projects .
C. Expenditure Restricdons
All CDBG funds that arc :approved by HUD for expenditure Wider the County's grant qreemcnt.
including those that arc identified for the SubGrantee's Projects and activities, shall be allocalcd to
the specific projects and activities described and listed in the gant ~ts. The 3.llocaled funds
shall be used and c:tpendcd only for the projects and xtivities for which the l\inds are 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 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 ~ds allocated
by the County to the SubGrantee. AIJ.y cost overruns shall be the sole responsibility of the
SubGrantee.
l. The SubGrantee agrees that all funds allocated to it for approved projects or activities
shall be used solely for the purposes approved by the County. Said funds shall not be
used for any non-approved purposes.
2. The SubGrantee agrees that the funds allocated for any approved projects or activities
shall be sufficient to complete said projects or activities without any additional CDBG
funding.
F. Indemnity
To the extent allowed by law, the SubGrantee shall indemnify and hold harmless the County and its
elected and appointed officials, officers, employees and agents from and against any and all losses,
damages, 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. 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:
I.. Comprehensive General Liability: In the amount ofnot less than S 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 lnjUIY
h. Arapahoe CoWlty and the SubGrantee as Additional Named Insured
i. Waiver of Subrogation
Comprehensive Automobile Liability: In the amoWlt of not less than S 1,000,000
combined single limit for bodily injUIY and property damage. Coverage to include:
a. Arapahoe CoWlty 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 ~gaged
in work Wlder 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:
5.
6.
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 CoWlty 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
premiwns 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 Contraetor.
Certificate of Insurance : The Contraetor shall not commence work under any
contract funded pursuant to this Agreement W1til he has sqbmitted to the
SubGrantee, received approval thereo f. certificates of insur:mce showing that he has
complied with the foregoing insurance requirements. The SubGrantee shall also
submit a copy of the Contractor's certificates of insurance to the CoW1ty.
Norwithstanding 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. 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-/o of the contract price.
H. Records
The SubGrantee shall maintain a completes~ of books and rccorda documc:ming its use ofCDBG
funds and its supervision and administration of the Project. Records are to iochldc docwnentation
verifying Project eligibility and national objective compliance, as well as financial and other
administrative aspects involved in performing the Project. The SubGrantee shall provide full
access to these books and records to the County, the Secretary of HUD or his designee. the Office
of Inspector General, and the General Accounting Office so that compliance with Federal laws and
regulations may be confirmed. The SubGrantee further agrees to provide to the CoWlty upon
request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the
tenn of this Agreement. All records pertaining to the Project are to be maintained for a minimum
of five years following close-out of the Project.
I. Reporting
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 Repons in a timely fasruon.
J. Timeliness
The SubGrantee shall comply with the quarterly performance siandards established in Section Il-C
of this Agreement. The SubGrantee understands that failure to comply with the established
standards may lead to a cancellation of the Project and a loss of all unexpended funds .
K. Reimbursement for Expenses
The SubGr:mtee agrees that before the County can distribute my CDBG funds to it, the SubGrantee
must submit to the County's Housing and Community Development Services Division
documentation in the rorm 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) wortana days to
rev iew the request. Upon approval of the request, the County will disaibule 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 Cowity 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 fiDls are requested
from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all
program income directly generated from the use ofCDBG funds will be rmtitted to the Cowity.
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 Il of this Agreement. Should the property in
question be sold or otherwise disposed ot: 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. Subcontracts
If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement
shall apply to any subcontract.
P. Suspension or Terminadon
This Agreement may be suspended or terminated by the County if the SubGrantee malerially fails
to comply with any term of this Agreement. This Agreement may also be terminated for
convenience by mutual agreement of the County and the SubGrantc:e.
Q. In the event that the Unit of General Local Government should withdraw fiom the County's
"Urban County" designation, this Agreement shall terminare as of the termination date of the
County's CDBG grant Agreement with HUD.
R. The SubGrantee certifies that to the best of its knowledge and belief:
l.
' No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal conlnet, 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.
DlsaUowance
If it is determined by HUD or other federal agency that the expenditure, in whole or in part. for the
SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement., then
the SubGrantee shall reimburse the County to the full extent of the disallowance.
IV. RESPONSIBILITIES OF THE COUNTY
A. Admiaistradve Control
The Parties recognize and understand that the County will be the governmental entity required to
execute all grant agreements received from HUD pursuant to the County's requests for CDBG
funds. Accordingly, the SubGrantec 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 CompUance Monitoring
The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be
limited to the performance of the administrative tasks necessary to make CDBG funds available to
the SubGrantee and to proviqe a Monitoring Specialist whose job it will be to monitor the various
projects funded with CDBG monies to monitor compli!J!lce with applicable Federal laws and
regulations.
C. Reporting to HUD
The County will be responsible for seeing that all necessary reports and information required of the
County are filed with HUD and other applicable Federal agencies in a timely fashion .
V. EXTENT OF THE AGREEMENT
'This agreement, including any documents attached as exhibits which are hereby incorporated herein
by reference, represents the entire and integrated agreement between the County and SubGrantee
and supercedes all prior negotiations, representations or agreements, either written or oral. Any
amendments to this agreement must be in writing and signed by both the County and SubGrantcc.
If any portion of this agreement is found 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.
In Witness Whereof, the Parties have caused this Agreement to be duly executed this -----day
of 2004.
SubGrantee: City of Englewood
Signature -Douglas Garrett, :.iayor
ATTEST:
Loucrishia A, Ellis, City Clerk
Board of County Commissioners
Arapahoe County, Colorado
Justin A. Hamel on behalf of the Board of County Commissioners
Pursuant to Resolution #040121
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PROJECT BUDGET
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COLUMN A COLUMNS COLUMNC COLUMND
........ Mllollllo e......T .... C•el CHG,_. Odllr ..... C........ ,~.., ... -, AIIMly
Rdllb adirinilnlian SI0.000 52,000 Sl,()00
Ullllipmu expenses $,18,000 W.000 W .000
TOTAL: $51,000 W.000 SJ].000
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SUBGRANTEE AGREEMENT FOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOUSE OF HOPE STAFFING
PROJECT NUMBER: ENPS 418
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 refetred to as the County) and the City of Englewood (hcrcinaftcr rcfctred 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 D-:velopment 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 Clientele activities .
The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed"
from the County.
II. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the scope of the work to be completed:
The SubGrantee will utilize CDBG funding to 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 understood that the total :imount to be paid by the County under this
contract shall not exceed $50,000.00. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in the Project Budget and in accordance with
performance criteria established in Section II-C . The parties expressly recognize that the
SubGrantee is to be paid with CDBG funds received from the federal government, and that the
obligation of the County to make payment to SubGrantee is contingent upon receipt of such fimcls.
In the event that said funds, or any part thereof; are, or become, unavailable, then the County may
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immediately 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. TimeUae
All Project activities will be completed by May 31, 2005 unless this Agreement is modified by
mutual agreement of the County and SubGrantee.
c. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, the criteria
listed below are to be met during the execution of the Project
1. Quantifiable Goals:
The SubGrantee will utilize CDBG funds for the continued employment of one full time
case manager and one family advocate at the House of Hope (3301 South Grant Street,
Englewood). Both positions will be employed by Family Tree, which provides staffing
and services at the facility . By maintaining the two positions, the SubGrantee will
provide services for a minimum of 10 homeless families per month for the duration of
the grant period. A total of 200 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. Quarterl y Performance Standards :
June 30, 2004 :
September 30 , 2004 :
Dec ember 31, 2004:
Provide services to 10 families
20 unique persons served
Provide services to l O families each month
50 unique persons served
Provide services to IO families each month
50 unique persons served
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March 31, 2005:
May 31, 2005:
D. Reporting Requirements
Provide services to 10 families each month
SO unique persons served
Provide services to l O families each month
30 unique 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 enviromnental
review and receipt by Arapahoe County ofa 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.
Ill. RESPONSIBILITIES OF THE SUBGRANTEE
A. Federal Compliance
The SubGrantee shall comply with alf applicable federal laws, regulations and requirements, and all
provi sions of the grant agreements received from the U.S. Department of Housing and Urban
Development (HUD) by the County. These include but arc not limited to compliance with the
prov isions of the Housing and Community Development Act of 1974 and all rules. reawations,
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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:
1. 24 CFR Part 570;
2. 24 CFR Parts 84 and 85;
3. Title VI of the Civil Rights Act ofl964;
4. Title VIII of the Civil Rights Act of 1968;
5. Sections J04(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;
l 0. Equal employment opportunity and minority business enterprise regulations established
in 24 CFR part 570.904;
11. Section 3 of the Housing and Urban Development Act of 1968;
12. Non-discrimination in employment, established by Executive Order 11246;
13. Lead Based paint regulations established in 24 CFR Parts 35 and 570.608;
14. Audit requirements established in 0MB Circular A-133; and
15. Cost principles established in 0MB Circulars A-87 and A-122.
Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the
SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or
apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any entity
registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement
Programs.
8. Non-Appropriadons 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 ofCDBG 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 provis ions of Section 24-91-103 .6, C.R.S . with regard to
any public work projects .
C. Expenditure Restrictions
All CDBG funds that are approved by HUD for expenditure under the County's grant agreement,
including those that are identified for the SubGrantee's Projects and activities, shall be allocated to
the specific projects and acti vities described and listed in the grant agreements. The allocared funds
shall be used and expended only for the projects and activities for which the funds are 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 Adminlstradon
The SubGrantce shall be responsible for the direct supervision and administration of its rcspcctive
projects or activities. This task shall be accomplished through the use of the SubGrantce's staff,
agency and employees. The SubGrantce 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 SubGrantce 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 SubGrantec. Any cost overruns shall be the sole responsibility of the
SubGrantec .
l . The SubGrantec 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 SubGrantec 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 SubGrantec shall indemnify and hold harmless the Cowtty 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 oc~ioned by the acts
or omissions of SubGrantec. its officers, employees, agents, contr:ictors or subcontractors, arising
out of or in an y way connected with the Project or the performance of th is contr.let.
G. Bonding and Insurance
If the SubGrantec'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 amowlt of not less than 51.000,000 combined
single limit. Coverage to include:
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2.
a.
b.
c.
d.
e.
f.
g.
h.
i.
·•
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 SubGrantcc as Additional Named Insured
W aivcr of Subrogation
Comprehensive Automobile Liability: In the amount of not less than Sl,000,000
combined single limit for bodily injury and property damage. Coverage to include:
a. Arapahoe County and the SubGrantcc 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 :
s.
6 .
a. Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the SubGrantcc; it being the intent of the panics that the insurance
policies so effected shall protect the parties and be prinwy 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 SubGrantcc. '
c. The insurance companies issuing the policy or policies shall have no
recourse against Arapahoe County or the ubGrantcc for payment of any
premiums due or for any assessments undL fonn of any policy.
d. Any and all deductibles contained in any ii 'lllce policy shall be assumed
by and at the sole risk of the Contractor.
Certificate of Insurance : The Contractor shall not commence work under any
contract funded pursuant to this Agreement until he has submitted to the
SubGrantcc , received approval thereof. certificates of insurance showing that he has
complied with the foregoing insurance requirements . The SubGrantcc shall also
submit a copy of the Contractor's certificates of insurance to the County.
Notwithstanding the provisions contained in this paragraph (H) set forth
hcrcinabove . the County reserves the right to modify or waive said provisions for
projects or activities for which these provisions would prove prohibitive. Tbe
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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.
2.
3.
A bid guarantee from each bidder equivalent to 5% of Lhe bid price;
A perfonnance bond on the part of the contractor for 100% of the contract price; and
A payment bond on the part of the contractor for 100°/o 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 confirmed. The SubGrantee further agrees to provide to the County upon
request, a copy of any audit repons 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 repons 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 Repons in a timely fashion.
I
J. Timeliness
The SubGrantec 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 le:id to a cancellation of the P:-oject and a loss of all unexpended funds .
K. Reimbursement for Expenses
The Su bG rant ec agrees that before the County can distribute any CDBG funds to it. the SubGrantee
must subm it to the County's Housing and Community Development Services Division
doc wnentat io n in the form required by that Division which properly and fully identifies the amount
whic h the Su bGrantee is requesting at that time. The County shall have ten (10) working days to
review th e requ est. Upon approval of the request, the County will distribute the requested funds to
the SubGrantec as soo n as possi ble .
L . Proinm Income
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CJ
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 SubGnmtee's Arapahoe Co1mty CDBG Projects, all
program income directly generated from the use ofCD8G 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 ot: 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 Compllaace
All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State
statutes and County ordinances, resolutions, rules, and regulations.
0. Subcontracts
If subcontracts arc used on the Project, the SubGrantee agrees that the provisions of this Agreement
shall apply to any subcontract.
P. Suspensloa or Termiaadoa
This Agreement may be suspended or terminaled by the County if the SubGrantee malerially fails
to comply with any term of this Agreement. This Agreement may also be tenninated for
convenience by mutual agreement of the County and the SubGrantee.
Q. In the event that the Unit of General Local Government shot.Id withdraw from the County's
"Urban County" designation, this Agreement shall terminate as of the termination date of the
County's CDBG grant Agreement with HUD .
R. The SubGrantee cenifies 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 influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Conpess. or an
employee of a Member of Congress in connection with the awardina of any Federal
contract, the making of any Federal grant, the maJcina 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 Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
DisaUowaace
If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the
SubGrantcc's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantcc shall reimburse the County to the full extent of the disallowance.
IV. RESPONSIBILITIES OF THE COUNTY
A. Administrative Control
The Parties recognize and understand that the County will be the go emmental entity required to
execute all grant agreements 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 agreement, the County shall have the necessary administrative control
required to meet HUD requirements.
B. Performance and Compliance Monitoring
The County's administrative obligations to the SubGrantcc pursuant to paragraph A above shall be
limited to the performance of the administrative 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. Reportin& to HUD
The County will be responsible for seeing that all necessary reports and information required of the
County :u:e 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 incorporated herein
by reference, represents the entire and integrated agreement between the County and SubGrantcc
and supercedes all prior negotiations, representations or agreements, either written or oral. Any
amendments to this agreement must be in writing and signed by both the County and SubGrantcc .
If any portion of this agreement is found by a court of competent jurisdiction to be void :ind/or
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unenforceable, it is the intent oftbe parties that the remaining portions of this agmment 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
of ____________ __, 2004.
SubGrantcc: City of Englewood
Signature -::>ouglas Garrett., ~ayor
ATTt:ST:
Loucrishia A. Ellis, City Clerk
Board of County Commissionm
Arapahoe County, Colorado
Justin A. Hamel on behalf of the Board of County Commissionm
Pursuant to Resolution #040121
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PROJECT BUDGET
COLUMN A COLUMNS COLUMNC
Prejecl~ ~T-C•el CHG,_.
( .. .., ....... AcllYllJ
s111111na...-m•.SJ5 S50,DOO
TOTAL: $274,535 S,0,000
COLUMND
Odllr,_.C....,....
SZ24.SJ5
522A.S35
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SUBGRANTE E AGREEMENTFOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOMEOWNER FIX-UP
PROJECT NUMBER: ENDS 416
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 (hercinaftcr referred to as the
SubGrantce) for the conduct of a Community Development Block Grant (CDBG) Project
I. PURPOSE
The primary objective of Title [ 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 Homeowner Fix-up Project (Project) has been categorized as a
Housing Rehabilitation project and the SubGrantee will maintain documentation with the national
objective of Low/Moderate Income Housing activities.
The SubGrantce 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 SUBGRA1VfEE
The following provisions outline the scope of the work to be completed:
The SubGrantee will utilize 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 neighborhoods. Typical improvements may
include (but are not necessarily limited to) paint, siding, windows, roofs, and xeriscaping.
A. Payment
It is expressly agreed and understood that the total amount to be paid by the County under this
contract shall not exceed 545,000.00. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in the Project Budget and in accordance with
performance criteria established in Section Il-C . The parties expressly recognize 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 Collllty may
immediately 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. TlmeUne
All Project activities will be completed by May 31, 200! 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
l. Quantifiable Goals :
The SubGrantec will provide grants to renovate the exterior of nine owner occupied
homes. Grants arc not to exceed S4,000 each, and will require a 20-/o match fiom each
homeowner.
All improvements completed under this grant are to be performed in compliance with
applicable local or industry codes and standards.
2. Community Impact:
Affordable housing -stability and housing quality
3. Quarterly Performance Standards:
June 30, 2004 :
Sep\ember 30, 2004:
December 31, 2004:
March 31, 2005:
May 31, 2005 :
Hire intern to perform project
Program martetina
Provide one renovation am
Provide two renovation snmts
Provide three renovation pm11
Provide three renovation pmia
Complete all renovalioas ftmded by project
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Submit final drawdown and completion report to County
D. Reporting Requirements
1. Project reports will be due within one month following the end of each calendar year
quarter (March 31, June 30, September 30, December 31) until the Project is completed.
2. The official annual audit and/or Financial Statements for the SubGrantee in which both
revenues and expenditures for the CDBG Projects described herein are detailed are due
annually .
E. Labor Standards (Davis-Bacon)
It is determined that:
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 Pan 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 Relocadon Act (URA)
Project activities do not require compliance with the Unifonn Relocation Act.
H. Lead Based Paint
The SubGrantee will comply with County policies and all state and federal regulations and
guidelines related to minimizing lead hazards in res idential properties, including 24 CFR Part 35
an d Colorado Regulation Number 19 .
m. RESPONSIBILITIES OF THE SUBGRAl~EE
A. Federal Compliance
The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all
pro vi sions of the grant agreements received from the U.S. Department of Housing and Urban
De velopment (HUD) by the County. These include but :ire not limited to compliance with the
pro vis ions of the Housing and Community Development Act of 1974 and all rules, regulations,
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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 of1968;
5. Sections 104(b) and 109 of the Housing and Community Development Act of 197 4;
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 pan 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 Nonprocurcment
Programs.
8. Noa-Appropriations Clause
The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG
monies for funding. a non-appropriation clause that will protect itself and the County from any
liability or responsibility or any suit which might result from the discontinuance of CDBG funding
for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the
extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and
the federal statutes control rather than the provi sions of Section 24-91-103.6, C .R.S. with regard to
any public work projects.
C . Expenditure Restrictions
All CDBG funds that are approved by HUD for expenditure under the County's grant agreement,
including those that are identified for the SubGrantee's Projects and xtivities, shall be allocated to
the specific projects and activities described and listed in the grant agreements. The a1located funds
shall be used and expended only for the projects and activities for which th.: funds are 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 ovemms shall be the sole responsibility of the
SubGrantee .
1. The SubGrantee agrees that all funds allocated to it for approved projects or activities
shall be used solely for the purposes approved by the County. Said funds shall not be
used for any non-approved purposes.
2. The SubGrantee agrees that the funds allocated for any approved projects or activities
shall be sufficient to complete said projects or activities without any additional CDBG
funding .
F. Indemnity
To the extent allowed by law, the SubGrantee shall indemnify and hold hannless the County and its
elected and appointed officials, officers, employees and agents from and against any and all losses,
damages, liabilities, claims, suits, actions or costs, including anomeys 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 ofthis·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:
I. Comprehensive General Liability: In the amount ofnot less than Sl ,000,000 combined
single limit. Coverage to include :
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2.
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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 ~nd 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 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 County or the SubGrantec for payment of any
premiums due or for any assessments under any form of .iny 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 under any
contract funded pursuant to this Agreement until he has submitted to the
SubGrantee, recei ved approval thereof. certificates of insurance showing that he has
complied with the foregoing insurance requirements . The SubGrant 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
hereinabo ve, 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:
I.
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 100°/o 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 confirmed. The SubGrantee further agrees to provide to the County upon
reques t, 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
offive 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 quanerly 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. Reimbursement for Expenses
The SubGrantee agrees that before the County can disnibute any CDBG funds to it, the SubGrantee
must subm it 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
whi ch th e SubGrantee is requesting at that time . The County shall have ten (10) working days to
review the reque st. Upon appro val of the request, the County will disnibute the requested funds to
th e SubGrant ee as soo n as possi ble .
L. Proaram 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 befon: additional CDBG funds are requested
from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all
program income directly generated from the use 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 ot: or the approved property usage discontinued, the
SubGrantee shall adhen: 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 hen:in shall be subject to applicable State
statutes and County ordinances, resolutions, rules, and n:gulations.
0. Subcontracts
If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement
shall apply to any subcontract.
P. Suspension or Terminadon
This Agreement may be suspended or terminated by the County if the SubGrantee materially fails
to comply with any term of this Agreement This Agreement may also be terminated for
convenience by mutual agreement of the County and the SubGrantee.
Q. In the event that the Unit of General Local Government should withdraw from the County's
"Urban County'' designation, this Agreement shall terminate as of the termination date of the
County's CDBG grant Agreement with HUD .
R. The SubGrantee certifies that to the best of its knowledge and belief:
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 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 coMection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation,
renewal , amendment, or modification of any Feder:ll contract, grant. loan, or
coo perative 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, !om, or
cooperative agreement, it will complete and submit Standard Fonn-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
DlsaUowaace
If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the
SubGrantec's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantec shall reimburse the County to the full extent of the disallowance.
IV. RESPONSIBILITIES OF THE COUNTY
A. Administndve Control
The Parties recognize and understand that the County will be the governmental entity required to
execute all grant agreements received from HUD pursuant to the County's requests for CDBG
funds . Accordingly, the SubGrantec 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 CompUaace Monitorina
The County's administrative obligations to the SubGrantec pursuant to paragraph A above shall be
limited to the performance of the administrative tasks necessary to make CDBG funds available to
the SubGrantec 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. Reportina to HUD
The County will be responsible for seeing that all necessary reports and information required of the
County are filed with HUD and other applicable Federal agencies in a timely fashion .
V. EXTENT OF THE AGREEMENT
This agreement, includi ng any documents attached as exhibits which arc hereby incorporated herein
by reference, represents the entire and integrated agreement between the County and SubGrantee
and supercedes all prior negotiations, representations or agreements, either written or oral. Any
amendments to this agreement must be in writina and signed by both the County and SubGrantee.
lf any portion of this agreement is found by a coun 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 Agreement to be duly executed this -----day
of ____________ __, 2004.
SubGnmtee: City of Englewood
Signature-Douglas Garrett, Mayor
AT'l'EST:
Loucrishia A. Ellis, City Clerk
Board of County Commissioners
Arapahoe County, Colorado
Justin A. Hamel on behalf of the Board of County Commissioners
Pursuant to Resolution #040121
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PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
........ ~ ..._...T .... C.tl CNG,_. oi.,,-.c........ (...,,.., ... ....., MlhollJ
lnmnllilry--56,000 S6,000 SD
Pl'ofcidiuiliim'llive....,.._ 56,000 Sl.000 $3,000
Gnnt--$43,000 Sl6,llOO S7.000
TOTAL: $55,000 SWIOO SIG,IIDO
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SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
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COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: RENTAL FIX-UP
PROJECT NUMBER: ENHS 417
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
Deparunent (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the
SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project.
I. PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974, as 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 Rental Fix-up Project (Project) has been categorized as a
Housing Rehabilitation project and the SubGrantee will maintain docwnentation 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.
JI. WORK TO BE COMPLETED BY THE SUBGRANTEE
The fo llow ing pro vi sions outline the scope of the work to be completed :
The Su bGrantee will utilize CDBG fundin g to pro vi de grants for exterior impro vements to renter occ upied
housing withi n the City of Englewood. The intent of the proj ect is both to improve the Englewood 's
ex isting housing stock, as we ll as im pro ve th e vis ual appearance of deteriorated neighborhoods . Typ ical
improvements may include (b ut arc no t nec essari ly limited to) paint. sidin g. windows, roofs, and
xeriscaping .
A. P:i yment
It is expressly agreed and understood th at the total amount to be paid by the County under this
contract shall not exceed $30,000.00. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets spec ifi ed in the Project Budget and in accordance with
performance criteria estab lis hed in Secti on ll -C. The parti es expressly rec ognize thal the
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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, unavailable, then the County may
immediately terminate or amend this agreement To the extent C.R.S. § 29-1-110 is applicable, any
financial obligation of the County to the SubGrantee beyond the current fiscal year is also
contingent upon adequate funds being appropriated, budgeted and otherwise available.
Any Project funds not expended and drawn from the County by the deadline identified in Section
II. C. 3 . below shall revert to the County and be utilized for other purposes.
B. Tlmellne
All Project activities will be completed by May 31, 2005 unless this Agreement is modified by
mutual agreement of the County and SubGrantee.
C. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, the criteria
listed below are to be met during the execution of the Project.
l. Quantifiable Goals:
The SubGrantee will provide grants to renovate the exterior of six renter occupied
homes. Grants are not to exceed $4,000 each, and will require a 200/o match from each
property owner.
All units renovated under this Project are to be occupied by income eligible renters at
the time of application to the Fix-up program, as well as at throughout the duration of
the renovations. Additionally, in accordance with 24 CFR Part 570 .208(a)(3), rents
charged at units assisted by this Project are to remain affordable from the time of
application to the Fix-up program throughout the duration of the renovations. In order
to be considered affordable, rents shall not exceed the greater of the following:
• Local Fair Market Rent (FMR) adjusted for tenant paid utilities according to the
current utility allowance schedule utilized for publicly assisted housing projects
within the City of Englewood, or
• 30% of the income eligible renter household's gross monthly income adjusted for
tenant paid utilities according to the ClllTCDt utility allowance schedule utilized for
publicly assisted housing projects within the City of Englewood.
All improvements completed under this grant are to be perfonncd in compliance with
applicable local or indUS1Iy codes and standards.
2. Community Impact :
Affordable housing -stability and housing quality
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3. Quarterly Perfonnance Standards:
June 30, 2004:
September 30, 2004 :
December 31, 2004:
March 31, 2005:
May 31, 2005:
Hire intern to perform project
Program marketing
Provide one renovation grant
Provide one renovation grant
Provide two renovation grants
Provide two renovation grants
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Complete all renovations funded by project
Submit final drawdown and completion report to County
D. Reporting Requirements
1. Project reports will be due within one month following the end of each calendar year
quarter (March 31, June 30, September 30, December 31) until the Project is completed.
2. The official annual audit and/or Financial Str.tements for the SubGrantee in which both
revenues and expenditures for the CDBG Projects described herein are detailed are due
annually.
E. L_abor 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 projec t based on the results of a subsequent environmental review .
G. Uniform Relocadon Act (URA)
Project activities do not require compliance with the Uniform Relocation Act.
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H. Lead Based Paint
The SubGrantec 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 SubGrantec shall comply with all applicable federal laws, regulations and requirements, and all
provisions of t,he grant agreements received from the U.S. Department of Housing and Urban
Development (HUD) by the County. These include but are not limited to compliance with the
provisions of the Housing and Community Development Act of 1974 and all rules, regulations,
guidelines and circulars promulgated by the various federal departments, agencies, administrations
and commissions relating to the CDBG Program. A listing of some of the applicable laws and
regulations are as follows:
1. 24 CFR Part 570;
2. 24 CFR Parts 84 and 85;
3. Title VI of the Civil Rights Act of 1964;
4. Title VIII of the Civil Rjghts 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 SubGrantec cannot engage in a federally funded contract with any entity
registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement
Ptpgrams .
8. Non-Appropriations Clause
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The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG
monies for funding, a non-appropriation clause L'iat 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 Restricdons
All CDBG funds that are approved by HUD for expenditure under the County's grant agreement,
including those that are identified for the SubGrantee's Projects and activities. shall be allocated to
the specific projects and activities described and listed in the grant agreements. The allocated funds
shall be used and expended only for the projects and activities for which the funds are identified.
D. Agreement Changes
No projects or activities, nor the amount allocated therefor, may be changed without approval by
the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if
required. Changes must be requested in writing and may not begin until a modification to this
Agreement is fully executed.
E. Direct Project Supervision and Administration
The SubGrantee shall be responsible for the direct supervision and administration of its respective
projects or activities. This task shall be accomplished through the use of the SubGrantee's staff,
agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to
property resulting from the negligent acts or errors and omissions of its staff, agents and employees.
Because the SubGrantee is responsible for the direct supervision and administration of its projects
or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on
any projects or activities. The County shall have no duty or obligation to provide any additional
funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated
. by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the
SubGrantee.
1. The SubGr:mtee 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 SubGr:mtee agrees that the funds allocated for any approved projects or activities
shall be sufficien t to complete s.iid projects or activities without any additional CDBG
funding .
F. Indemnity
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To the extent allowed by law, the SubGrantee shall indemnify and hold bannless 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. 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:
I. Comprehensive General Liability: In the amount of not less than Sl,000,000 combined
single limit Coverage to include:
a. Premises Operations
b. Products/Completed Operations
c. Broad Form Contractual Liability
d. Independent Contractors
e. Broad Form Property Damage
f. Employees as Additional Insured
g. Personal Injury
h. Arapahoe County and the SubGrantee as Additional Named Insured
i. Waiver of Subrogation
2. Comprehensive Automobile Liability: In the amount of not less than Sl,000,000
combined single limit for bodily injury and property damage. Coverage to include:
3.
4 .
a. Arapahoe County and the SubGrantee as additional Named Insured
b. Waiver of Subrogation
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 .
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 panics that the insurance
policies so effected shall protect the parties and be primary coverage for acy
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 SubGr:intee .
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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 assumed
by and at the sole risk of the Contractor.
Certificate of Insurance: The Contractor shall not commence work under any
contract funded pursuant to this Agreement until he baa submitted to the
SubGrantee, received approval thereof, certificates of insurance showing that he has
complied with the foregoing insurance requirements. The SubGrantee shall also
submit a copy of the Contractor's certificates of insurance to the County.
Notwithstanding the provisions contained in this paragraph (H) set forth
hereinabove, the County reserves the right to modify or waive said provisions for
projects or activities for which these provisions would prove prohibitive. The
SubGrantee understands, however, that the decision to waive or modify those
provisions is fully within the discretion of the County.
In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all
projects exceeding the simplified acquisition threshold:
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 100% of the contract price; and
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 d~ignee, the Office
of Inspector General, and the General Accounting Office so that compliance with Federal laws and
regulations may be confirmed. The SubGrantee further agrees to provide to the County upon
request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the
term of this Agreement. All records pertaining to the Project are to be maintained for a minimum
of five years following close-out of the Project.
I . Reportin1
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. TimellDess
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The SubGrantee shall comply with the quarterly performance standards established in Section 11-C
of this Agreement. The SubGrantee widerstands 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 identities 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. Prognm Income
All program income directly derived from the Arapahoe County Community Development Block
Grant Program received by the SubGrantee will be retained by the SubGrantee and will be
dispersed for its approved CDBG Project activities before additional CDBG funds are requested
from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all
program income directly generated from the use of CDBG funds will be remitted to the County.
M. Real Property
Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with
the scope and goals identified in Sections I and II of this Agreement. Should the property in
question be sold or otherwise disposed of, or the approved property usage discontinued. the
SubGrantee shall adhere to the requirements of24 CFR Pans 84 or 85 (as applicable) regarding the
use and disposition of real property.
N. State and County Law Compliance
All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State
statutes and County ordinances, resolutions, rules, and regulations.
0. Subcontracts
If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement
shall apply to any subcontract.
P. Suspension or Termination
This Agreement may be suspended or terminated by the County if the SubGrantee materially fails
to comply \\i th any term of this Agreement. This Agreement may also be terminated for
convenience by mutual agreement of the County and the SubGrantec.
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Q. In the event that the Unit of General Local Government should withdraw from the County's
"Urban County'' designation. this Agreement shall tenninate as of the termination date of the
County's CDBG grant Agreement with HUD .
R. The SubGrantee certifies that to the best of its knowledge and belief:
l. No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension. continuation,
renewal, amendment, or modification of any Federal contract, gr.mt, loan, or
cooperative agreement; and,
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
S. Dlsallowance
· If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the
SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantee shall reimburse the County to the full extent of the disallowance.
IV. RESPONSIBILITIES OF THE COUNTY
A. Administrative Control
The Parties recognize and understand that the County will be the governmental entity required to
execute all grant agreements received from HUD pursuant to the County's request$ for CDBG
funds. Accordingly, the SubGrantee agrees that as to its projects or activities performed or
conducted under any CDBG agreement, the County shall have the necessary administrative control
required to meet HUD requirements .
B. Performance and Compliance Monitorin&
The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be
limited to the performance of the administrative tasks necessary to make CDBG funds available to
the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the various
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V.
projects fimded with CDBG monies to monitor compliance with applicable Federal laws and
regulations.
C. Reportfnc to HUD
The County will be responsible for seeing that all necessary reports and information required of the
County are filed with HUD and other applicable Federal agencies in a timely filshion.
EXTENT OF THE AGREEMENT
This agreement, including any documents attached as exhibits which are hen:by incorporated herein
by reference. represents the entire and integrared agreement between the County and SubGrantee
and supercedes all prior negotiations, representations or agreements, either written or oral. Any
amendments to this agreement must be in writing and signed by both the County and SubGrantee.
If any portion of this agreement is found by a court of competent jurisdiction to be void and/or
unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of
full force and effect
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In Witness Whereof, the Parties have caused this Agreement to be duly executed this -----day
of ___________ ___, 2004.
SubGrantee: City of Englewood
Signature -Douglas Garrett, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
Board of County Commissioners
Arapahoe County, Colorado
Justin A. Hamel on behalf of the Board of County Commissioners
Pursuant to Resolution #040121
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PROJECT BUDGET
COLUMN A COLUMNS COLUMNC COLUMND ...
Pnjed Mlloldol ~T-C..11 CDIG,_. Odlol',...C_
(.,..W,IIJ ... -) MlioltJ
lnian salary expcnsa $4.000 54,000 so
Project lldminisndw COlpclllOS $4,000 $2,000 Sl.000
Grun expcnsa SJ0.000 $24.000 $6,000 .•
TOTAL: SJl.000 530,000 Sl.000
• •
COUNCIL COMMUNICATION
Date Agenda Item Subject
April 5, 2004 11 a ii A bill for an emergency ordinance
reaffirming the establishment of
the Sewer Utilitv Enterorise
Initiated By Staff Source
City of Englewood, Finance and Administrative Frank Gryglewicz, Director
Services Deoartment
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City Council has made the overall quality of life of the citizens and non-citizens they a serve a priority.
The quality of life extends to the treatment of wastewater which directly impacts regional water quality.
This action is necessary to secure low cost funds to expand and improve the Littleton/Englewood
Wastewater Treatment Plant and other related sewer assets .
RECOMMENDED ACTION
Staff recommends th e City Council approve the attached bill for an emergency ordinance reaffirming the
es tab lishment of the Sewer Utility Enterprise.
BACKGROUND, ANALYSIS, AND AllHNATIVES IDENTIFIED
This action is prompted by the passage ofTABOR in 1992 and reaffirms, pursuant to the terms and
provisions of the Water Acti11ity Law, the City of Englewood "Sewer Utility Enterprise" (The Enterprise). The
Enterp rise shall consist of the business represented by all of the City's sewer facilities and properties, now
owned or hereafter acquired, whether situated within or without the City boundaries, induding all present
o r future improvements, extensions, enlargements, betterments, reptacements, or additions thereof or
th ereto (the "System "). The Enterprise shall have all of the authority, powers, rights, obligations, and duties
as may be provide d or permitted by the Water Activity Law, the Charter, and the Colorado Constitution,
and as may be further presc ribed by ordinance or resolution of the City.
This ordinance is b ei ng done as an emergency to coincide with the emergency bill for an ordinance
approving loans to be made to the City by the Colorado Water Resources and Power Development
Au th o rity.
FINANCIAL IMPACT
This bill for an ordina nce does not directly impact the City's financial condition.
LIST OF ATTACHMENTS
Pr o posed bi ll for an eme rgency ordinance
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ORDINANCE NO.
SERIES OF 2004
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BY AUTHORITY
A POil
CJ
AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, REAFFIRMING
THE ESTABLISHMENT OF ITS SEWER UTILITY ENTERPRISE; PRESCRIBING
f:>ETAILS IN CONNECTION THEREWITH; AND DECLARING AN
EMERGENCY.
WHEREAS, the City of Englewood (the "City"), is a home rule municipality of the
State of Colorado (the "State") duly organized and operating under the City Charter
(the "Charter") and the Constitution and laws of the State; and
WHEREAS, pursuant to Section 121 of the Charter, the City has the right to
exercise with respect to City owned utilities all of the authority and powers now
provided by the statutes of the State; and
WHEREAS, pursuant to the provisions of Title 31, Article 35, Part 4, Colorado
Revised Statutes, municipalities within the State are authorized to operate and maintain
sewerage facilities; and
WHEREAS, Section 105 of the Charter permits the City to issue revenue bonds as
now or hereafter provided by the statutes of the State for municipalities of every class
and, pursuant to the provisions of Title 31, Article 35, Part 4, Colorado Revised
Statutes, municipalities are authorized to issue revenue bonds for the acquisition,
construction, reconstruction, lease, improvement, betterment, or extension of any
sewerage facilities; and
WHEREAS, pursuant to Section 99 of the Charter, the accounts of each utility
owned and operated by the City must be kept separate and distinct from all other
accounts of the City in such manner as to show the true and complete financial result
of such City ownership and operation including all assets, liabilities, revenues, and
expenses in accordance with a uniform classification of accounts and shall contain
proportionate charges for all services performed by other departments for such utility,
as well as proportionate credits for all services rendered ; and
WHEREAS, p-ursuant to the provisions of Title 37, Article 45 .1, Colorado Revised
Statutes (the "Water Activity Law"), municipalities which have their own bonding
capacity are authorized : (i) to continue to maintain water enterprises for the purpose of
pursuing or continuing water activities, including activities related to wastewater
facilities; (ii) to issue or reissue bonds or other obligations payable from the revenues
derived or to be derived from the enterprise, the terms and conditions of such bonds or
other obligations to be as set forth in the legislative measure authorizing the same and,
as nearly as practicable, as provided in Part 4 of Article 35 of Title 31, C .R.S., relating
to the issuance of water revenue bonds; and
WHEREAS, in order to qualify as a water enterprise under the Water Activity Law,
the enterprise must consi st of a government water activity business owned by a
governmental entity such as the City, which enterprise receives under 10% of its annual
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revenues in grants from all Colorado State and local governments combined, and which
is authorized to issue its own revenue bonds; and
WHEREAS, as stated in the Water Activity Law, any water activity enterprise
maintained pursuant to the provisions thereof are excluded from the provisions of
Section 20 of Article X of the State Constitution; and
WHEREAS, the System (as defined hereafter) has historically been and continues to
be operated as an "enterprise" within the meaning of the Water Activity Law; and
WHEREAS, it is the intent of the City to reaffirm the City "Sewer Utility
Enterprise" under the Water Activity Law; therefore
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I, Sewer Utility Enterprise. There is hereby reaffirmed, pursuant to
the terms and provisions of the Water Activity Law, the City of Englewood "Sewer
Utility Enterprise" (the "Enterprise"). The Enterprise shall consist of the business
represented by all of the City's sanitary sewer facilities and properties, now owned or
hereafter acquired, whether situated within or without the City boundaries, including all
present or future improvements, extensions, enlargements, betterments, replacements,
or additions thereof or thereto (the "System"). The Enterprise shall have all of the
authority, powers, rights, obligations, and duties as may be provided or permitted by
the Water Activity Law, the Charter, and the Colorado Constitution, and as may be
further prescribed by ordinance or resolution of the City.
The governing body of the Enterprise (the "Governing Body") shall be the City
Council of the City, and shall be subject to all of the applicable laws, rules, and
regulations pertaining to the City Council. Whenever the City Council is in session
exercising its legal authority relating to any · Enterprise matter, the Governing Body
shall also be deemed to be in session. It shall not be necessary for the Governing Body
to meet separately from any meeting of the City Council, nor shall it be necessary for
the Governing Body to specifically announce or acknowledge that actions taken
thereby are taken by the governing body of the Enterprise. The Governing Body is
authorized to exercise the City's legal authority relating to sanitary sewer activities as
provided in the Water Activity Law and to take action in whatever form determined by
the City Council; provided however, the Governing Body may not levy a tax which is
subject to Article X , Section 20(4) of the State Constitution .
Section..l . Ratification and Approval of Prior Actions . All actions heretofore
taken by the officers of the City and the members of the City Council, not
inconsistent with the provisions of this Ordinance, relating to the operation or
creation of the Enterprise, are hereby ratified, approved and confirmed .
Section 3. Repealer . All orders, bylaws, ordinances, and resolutions of the City,
or parts thereof, inconsistent or in conflict with this Ordinance, are hereby repealed
to the ex tent only of such inconsistency or conflict.
Section 4. Severablllty . If any section, paragraph, clause, or provision of this
Ordinance shall for any reason be held to be invalid or unenfon:cable, the invalidity
or unenforcea bility of such section, paragraph, clause, Gr provision shall not affect
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any of the remaining provisions of this Ordinance, the intent being that the same are
severable.
Section S. Declaration of Emerseacy. The ~ to close on a funding through
the Colorado Water Resources and Power Development Authority to secure the
award of bids by the City for certain improvements to the Littleton/Englewood
Wastewater Treatment Plant require that this Ordinance be effective immediately;
therefore, the Council hereby finda and determines that this Ordinance is necessary
for the immediate preservation of public property, health, peace and safety and shall
be in full force and effect immediately upon final passage by the Council.
Introduced, read in full, and passed as an emergency ordinance on first reading on the
5th day of April, 2004.
Published as a Bill for an Emergency Ordinance on the 9th day of April, 2004.
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 an £meraency Bill for an Ordinance,
introduced, read in full, and passed OD first readin& OD the 5th day of April, 2004.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item
April 5, 2004 11 a iii
INITIATED BY STAFF SOURCE
Subject
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Funding for the L/E wwrP
Phase 2 Expansion Project
Littleton/Englewood Supervisory Committee Stewart H. Fonda, Utilities Director
Frank Grv1dewicz Finance Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Approval of the Planning and Capacity Assessment Study and the Phase 2 Pre-design Final Report.
Approval of the Brown and Caldwell Engineering Contract for the design of the Phase 2 Expansion Project
improvements at the Littleton/Englewood Wastewater Treatment Plant and approval of the Brown and
Caldwell contract amendment for construction management services during construction.
RECOMMENDED ACTION
We recommend Council approve by Emergency Ordinance two (2) Intergovernmental Agreements with
the Colorado Water Resources and Power Development Authority (CWRPDA) for the issuance of Water
Revenue and Water Pollution Control Revolving Fund bonds for the Phase 2 Expansion Project.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Littleton/Englewood WWTP has a current treatment capacity of 36.3 million gallons per day (mgd) and
63 ,000 pounds per day of organic matter. Two primary factors have been identified that will require
expansion of the present facility: 1) higher than anticipated population growth in the facility's service area
and; 2) the regulatory requirement to remove nitrate from the plant effluent These two factors and the
need for expansion were presented to both Littleton and Englewood City Councils at a study session in
November 1999.
A planning and capacity assessment project was authorized as a result of the study session and Brown and
Caldwell completed the project at the end of 2000. The results of the project were presented to both
co uncils at a study session in February 2001 . Brown and Caldwell recommended increasing plant capacity
to a nomi nal 50 mgd and discussed the need for nitrate removal that may result from the ongoing nitrate
To tal M ax imum Daily load (TMDL) study. Results of the TMDL are anticipated to be finalized during spring
2004.
A pre-design project was completed to identify specific plant components needed to expand the facility to
th e rec ommended capacity and include de-nitrification (nitrate removal) systems. The pre-design project
als o included the identification of the regulatory work required to obtain approval from the Water Quality
Control Division and the Denver Regional Council of Governments, the 208 planning agency in the Denver
area. As part of the pre-design project, a preliminary estimate of project costs was developed.
Th e findings and recommendations of the Pre-design Project have been completed along with the
engine ering des ign stage of the Phase 2 project. The final drawings and specifications have been made
availabl e t o prequalified general c ontractors and subcontractors in order to obtain bids for the project in
mid-May.
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The CWRPDA has prepared two (2) Intergovernmental Agreements (Loan Agreements) for the issuance of
Water Revenue Bonds in the amount of $21,000,000 and Water Pollution Control Revolving Fund Bonds in
the amount of $30:000,000. This low-interest financing will provide the majority of funds needed for the
Phase 2 Expansion Project. Bond issuances are anticipated by the CWRPDA to be in late April and early
May 2004.
FINANCIAL IMPACT
The cost of the Phase 2 Project is estimated to be $110,000,000, is a capital cost and will be sj')lit 50/50
with the City of Littleton. Funds to begin the project are included in the 2004 budget.
LIST OF ATTACHMENTS
Proposed Bill for an Emergency Ordinance
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ORDINANCE NO .
SERIES OF 2004
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BY AUTHORITY
MEMBER~~~~~
AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, APPROVING
WANS TO BE MADE TO THE CITY BY THE COLORADO WATER RBSOUR.CBS
AND POWER DEVELOPMENT AUTHORITY FOR THE PURPOSE OF
'FINANCING ADVANCED TREATMENT UPGRADES TO, AND 111B
CONSTRUCTION OF IMPROVEMENTS INCREASING THE TREATMENT
APACITY OF, THE CITY'S JOINT WASTEWATER TREATMBNT PLANT;
AUTHORIZING THE FORM AND EXECUTION OF LOAN AGREEMENTS AND
BONDS TO DOCUMBNT THB LOANS; PROV,JDING FOR PA YMBNT OP THB
BONDS FROM R£VENUES OF THE CITY'S SANITARY SEWER SYSTEM;
PRESCRIBING DETAILS IN CONNECTION THEREWITH; AND DBCLARINO AN
EMERGENCY.
WHEREAS, the City of Englewood, Colorado is a municipal corporation duly
organized and operating as a home rule city under Article XX of the Constitution of
the State of Colorado and the Charter of the C ity (unless otherwise indicated,
capitalized terms used in this preamble shall have the meanings set forth in Section I
of this Ordinance); and
WHEREAS, the City is the owner and operator of a public sanitary sewer system
for the collection and treatment of wastewater, which system which bas historically
been operated on a self-supporting basis by the City, is considered to be a
government-owned business and is generally known as the "Sewer Utility Enterprise"
of the City ; and
WHEREAS, the City is acting hereunder by and through its "Sewer Utility
Enterprise" under the Charter and the provisions of Title 37, Article 4S .1, C .R.S .;
and
WHEREAS, pursuant to outstanding agreements with the City of Littleton, the
City has established rights to primary, secondary and advanced treatment capacity at
a joint-use treatment facility jointly owned by the City and commonly known as the
"Li ttl eton/Engl ewood Wastewater Treatment Plant"; and
WH EREAS , due to growth in th e area served by the Littleton/Englewood
Was te water Trea tment Plant and the regulat~ry requirement to remove nitrate from
th e effluent of the facility , the City has , in an effort which began in or about 1999 ,
found it ne cessary to undertake the Project and to finance the City's share of the
costs ass ociated with the Project ; and
WHEREAS , pursuant to Section I OS of the Charter the City may issue revenue
bonds as provided for municipalities by State statute and revenue bonds for sewer
e nt e rpr ises are permitted under Title 31 , Article 3S , Part 4, C.R.S . and Title 37 ,
Art ic le 4 S. l , C.R.S.; and
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WHEREAS, to finance a portion of the City's share of the estimated costs of the
Project, the City Council bas determined to enter into Loan Agreements with the
Colorado Water Resources and Power Development Authority, a body corporate and
political subdivision of the State, pursuant to which the Authority is to loan the City
amounts not to exceed $23,000,000 under its Water Revenue Bond Program and not
to exceed $33,000,000 under its Water Pollution Control Revolving Fund Program;
and
WHEREAS, the City's repayment obligations under the Loan Agreements will be
evidenced by governmental agency bonds to be issued by the City to the Authority,
which bonds shall constitute special revenue obligations of the City which are
generally payable from the income for the services furnished by or the use of the
System less reasonable and necessary current expenses of the City of operating,
maintaining and repairing the System and, after consideration, the City Council bas
determined that the execution of the Loan Agreements and the issuance of the Bonds
to the Authority is to the best advantage of the City; and
WHEREAS, voter approval in advance in not required under Article X, Section 20
for the execution of the Loan Agreements or the issuance of the Bonds; and
WHEREAS , the City has an outstanding loan from the Authority, dated
November 15, 1990, payable in an original amount of$12,750,000, which loan bas a
first lien on System net revenues which will be senior to the lien securing the pledge
of Net Revenues (as defined in the Loan Agreements) to repay the Loan Agreements
and the Bonds authorized pursuant to this Ordinance; and
WHEREAS, the forms of the Loan Agreements and the Bonds have been
presented to the City made available to the City Council; and
WHEREAS, as provided in the Acts, which include but are not limited to Title 11,
Article 57, Part 2, C.R.S ., by this Ordinance the City authorizes the execution of the
Loan Agreements and the Bonds, and delegates to the Mayor, for a period not to '
exceed sixty days, the authority approve, among other things, the Loan amounts, the
principal amount of the Bonds maturing in any particular year, and the rate of
interest on the Bonds; therefore;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section ) . Definitions. The following terms shall have the following meanings as
used in this Ordinance :
"Acts" means the City Charter, Title 31, Article 37, Part 45.1, C.R.S. and
Title 11, Article 57, Part 2, C.R.S., and all other laws of the State establishing the
power of the City to complete the financing contemplated by this Ordinance.
"Authority" means th e Colorado Water Resources and Power Development
Authority .
"Bonds" means the governmental agency bonds to be issued by the City to
the Authority pursuant to the Loan Agreements, the form of which is set fonh in
Ex hibit D to the Loan Agreements, respectively .
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"City" means the Cir· "f Englewood, Colorado, acting by and through its
Sewer Utility Enterprise.
"City Councir' means the City Council of the City .
"Charter" means the home rule Charter of the City.
"C.R.S." means the Colorado Revised Statutes, as amended and supplemented
as of the date hereof.
"Financing Documents" means the Loan Agreements and the Bonds.
"loan Agreements" means (i) that certain Loan Agreement between the City
and the Authority pursuant to which the Authority is to loan a portion of the
proceeds of its clean water revenue bonds to the City and which concerns the Water
Pollution Control Revolving Fund established by the Authority and (ii) that certain
Loan Agreement between the City and the Authority pursuant to which the
Authority is to loan a portion of the proceeds of its water resources revenue bonds to
the City and which concerns the Water Revenue Bond Program established by the
Authority.
"Project" means advanced treatment upgrades to, and the construction of
improvements to increase the wastewater treatment capacity of, the
Littleton/Englewood Wastewater Treatment Plant, and such additional capital
improvements as may be permitted by the terms of the Loan Agreement.
"Project Costs" means the City's costs properly attributable to the Project, or
any parts thereof, and permitted by the provisions of the Acts.
"Sewer Utility Enterprise" means the government owned business of the City
for sanitary sewer services which is authorized to issue its own revenue bonds and
which receives under 10% of annual revenue in grants from all Colorado state and
local governments combined .
"State" means the State of Colorado .
"System" means all of the sanitary sewer facilities and properties of the City,
now owned or hereafter acquired, whether situated within or without the geographical
boundaries of the City, including all present or future improvements, extensions,
enlargements, betterments , replacements or additions thereof or thereto .
Section 2. Approval of Loan Agree,,.ents and A11tliorif.Qtio11 of B011ds.. Pursuant
to and in accordance with the State Constitution and the Acts, the Bonds shall be
issued by the City acting by and through its Sewer Utility Enterprise. The form of
the Loan Agreements, respectively, setting forth the terms, conditions and details of
the Bonds and the procedures relating thereto, are incorporated herein by reference
and arc hereby approved; all City officials and employees are hereby directed to take
such actions as are necessary and appropriate to fulfill the obligations of the City
under the Financing Documents. The City shall enter into the Loan Agreements and
deliver the Bonds in substantially the forms presented on final reading of this
Ordinance with only such changes as are not inconsistent herewith; provided that
such documents may be completed, corrected, or revised as deemed necessary by the
parties thereto in order to carry out the purposes of this Ordinance. The
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accomplishment of the Project and the payment of Project Costs are hereby
authorized, approved, and ordered . It is hereby determined that the date of final
maturity of the Bonds does not exceed the estimated life of the Project.
Section 3. Bond Details. The Bonds representing the borrowing under the Water
Revenue Bond Program of the Authority shall be in an aggregate principal amount
not to exceed $23,000,000 and Bonds representing the borrowing under the Water
Pollution Control Revolving Fund Program of the Authority shall be in an aggregate
principal amount not to exceed $33,000,000. The maximum net effective interest
rate authorized for the Bonds is 6 .00% per annum (or in the event that a late charge
is imposed pursuant to Section 3 .03 of the Loan Agreement, a maximum net
effective interest rate equal to the greater of 12% per annum or the prime rate plus
0 .5%, not to exceed the maximum rate permitted by law), and the actual net
effective interest rate of the Bonds shall not exceed such rate. For a period not to
exceed sixty days from the effective date of this Ordinance, the ColDlcil hereby
delegates to the Mayor the right to determine the amount of principal of the Bonds
maturing in any particular year and the rate of interest on the Bonds, Miich
information shall be set forth in the loan repayment schedule in Exhibit C to the
Loan Agreements.
Section 4. Pledge for Payment of the Bonds. The principal of and interest on the
Bonds shall be payable solely from the Pledged Property (Miich term is defined in the
Loan Agreement). The City irrevocably pledges the Pledged Property for the
payment of the Bonds and the amo1D1ts due ID!der the Loan Agreements. The
Authority may not look to any general or other fWld of the City for the payment of
the principal of or interest on the Bonds, except the funds and accounts pledged
thereto pursuant to authority of this Ordinance, and the Bonds shall not constitiae a
debt or an indebtedness of the City within the meaning of any constitutional or
statutory provision or limitation; nor shall they·be considered or held to be a general
obligation of the City .
Section 5. Maintenance of Enterprise Status. The City Council hereby
determines that the Sewer Utility Enterprise is an enterprise within the meaning of
Article X, Section 20 of the Colorado Constitution . The City has and will continue
to maintain the System as an "enterprise" within the meaning Article X, Section 20
of the Colorado Constitution, and the meaning of Title 37, Article 45 .1, C .R.S.;
provided, however, after the current calendar year the City may disqualify the System
as an "enterpri se" in any year in which said disqualification does not materially,
ad•verse ly affect the enforceability of the covenants made in the Financing
Do cum ents . In th e event that th e System is di squalified as an enterprise and the
e nforcea bil ity of the cove nants mad e by th e City in th e Financing Docum ent s are .
ma teri all y, ad ve rse ly affected, the City covenants to (i) immediately take all action s
necessary to qu alify System as an enterprise within the meaning of Article X, Section
20 o f th e Colorado Con stitution and (ii) permit the enforcement of the covenants
made in the Financing Documents .
Se ction 6. Approval of Miscellaneous D0cume11ts. The Mayor, the City Clerk
and all other officers , officials and employees of the City are hereby authorized and
di rec ted to execute the Loan Agreements and all documents and certificates necessary
or desi rabl e to effectuate the issuance of the Bonds and the financings contemplated
by th is Ordinance .
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~ 7. Amendment of Ordinance. This Ordinance may be amended only with
the prior written consent of the Authority.
Section 8. Limitation of Actions. The City Council elects to apply all of the
provisions of Title 11, Article 57, Part 2, C .R .S . to the execution of the Loan
Agreements and to the issuance of the Bonds. In accordance with Section 11-57-212,
C.R.S., no legal or equitable action can be brought with respect to any legislative acts
or proceedings in connection with the authorization or issuance of the Bonds,
respectively, more than 30 days after the issuance or authorization of such securities,
whichever occurs later.
Section 9. Ratification of Prior Actions. All actions heretofore taken (not
inconsistent with the provisions of this Ordinance) by the Council or by the officers
and employees of the City directed toward the issuance of the Bonds for the purposes
herein set forth are hereby ratified, approved and confirmed.
Section 10. Headings. The headings to the various sections and paragraphs to
this Ordinance have been inserted solely for the convenience of the reader, are not a
part of this Ordinance, and shall not be used in any manner to interpret this
Ordinance.
Section ) 1. Ordinance l"epeal11ble. After any Bonds have been issued, this
Ordinance shall constitute a contract between the Authority and the City, and shall be
and remain irrepealable until the Bonds and the interest accruing thereon shall have
been fully paid, satisfied, and discharged, as herein provided.
Section )2. Severobility. It is hereby expressly declared that all provisions hereof
and their application are intended to be and arc severable. In order to implement
such intent, if any provision hereof or the application thereof is determined by a
court or administrative body to be invalid or unenforceable, in whole or in part, such
determination shall not affect, impair or invalidate any other provision hereof or the
application of the provision in question to any other situation; and if any provision
hereof or the application thereof is determined by a court or administrative body to
be valid or enforceable only if its application is limited, its application shall be limited
as required to most fully implement its purpose.
Section 13 . Repealer. All orders, bylaws, ordinances, and resolutions of the City,
or parts thereof, inconsistent or in conflict with this Ordinance, are hereby repealed
to the extent only of such inconsistency or conflict.
Section 14 . Declaration of E•ergency. The execution of the Loan Agreements
and the issuance of the Bonds do not require prior voter approval under Article X,
Section 20 of the State Constitution and City Council has been advised that the
schedule for the public bidding of certain Project Costs and the need to have funding
secured to award such bids require that this Ordinance be effective immediately;
therefore, the Council hereby finds and determines th at this Ordinance is necessary
for the immediate preservation of public property, health , peace and safety and shall
be in full force and effect immediately upon final passage by the Council .
Introduced, read in full, and passed as an emergency ordinance on first readina, on
the 5'~ day of April, 2004.
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Published as an Emergency Bill for an Ordinance on the 9'~ day of April 2004.
Douglas Garrett, Mayor
ATTEST:
Loucrishia Ellis, City Clerk
I, Loucrisbia Ellis, City Clerk for the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of an Emergenc~ Bill for an Ordinance,
introduced, read in full, and passed on fust reading on the S day of April 2004.
Loucrisbia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item
April 5, 2004 11 aiv
INITIATED BY
Utilities Department
Subject
Agreement for Realignment of Brown
Ditch in Columbine Valley Estates
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council passed an Ordinance on May 21, 2001 approving a License Agreement and Grant of Construction
Easement for crossing the Brown Ditch at Watson lane. Council passed a License Agreement on July 7,
2003 to maintain a portion of the Brown Ditch right-of-way along Watson lane.
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their February 10, 2004 meeting, recommended Council
approva l of the Agree ment for Realignment of Brown Ditch in Columbine Valley Estates along Watson
lane.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
H ea rthstone Homes submitted an Agreement for Realignment of Brown Ditch right-of-way in Columbine
Valley Estates for exchanging property to relocate an easement 25' to the south of the existing right-of-way.
Prior agreements have enabled the owner to pipe and cross the Brown Ditch and maintain the City's
ease ment for improved appearance and to minimize safety concerns. This agreement wtll allow the owner
to move the Brown Ditch easement to maximize his property for new construction. The property is
loca ted at 5600 Watson lane, one block west of Federal and south of Bowles north of Columbine Country
Cl ub in the City of Littleton .
Englewoo d will maintain their 30' easement and the right to install, repair remove or relocate the Brown
Ditch at any time deemed necess ary. The easement is being maintained for possible future raw water
piping from Union Avenue to Mclellan Reservoir .
The licensee ex pressly assumes full and strict liability for any and all damages of every nature to person or
property caused by the point or points where the licensee performs any work in connection with the
crossi ng provided by the licensee. The City reserves the right to make full use of the property necessary in
the operat io n of the Brown Ditch .
FINANCIAL IMPACT
o ne .
UST OF ATTACHMENTS
Proposed Bill for an Ordinance
Agreemen t tor Realignmen t of Brown Ditch
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ORDINANCE NO.
SERIES OF 2004
BY AUTHORITY
COUN.CII. a.w.·Mcf 15
INTRODUCED BY COUNCIL
IIIDla!!ll '
FOR •
AN ORDINANCE AUTHOllIZING AN "AGREEMENT FOR. REALIGNMBNT OF •
BROWN DITCH IN COLUMBINE VALLEY ESTATES" BETWEEN THE OWNERS
J OF CERTAIN PROPERTIES ALONG THE RIGHT-OF-WAY AND THE crrY Of
ENGLEWOOD, COLORADO.
WHEREAS , Brown 's Ditch is an irrigation ditch and right-of-way which is owned
by the City of Englewood, Colorado, and runs through the Columbine Valley Estates
development ; and
WHEREAS, the Englewood City Council authorized an exchange of real estate on
the Brown Ditch with Jack R. Lilienthal with the passage of Ordinance No. 17 , Series of
2002 ; and
WHEREAS , Jack R . Lilienthal desires to develop another ponion of Columbine
Valley Estates and requests another transfer of propcnies to again realign Brown Ditch ;
and
WHEREAS , this realignment will benefit the City by straightening a curve in the
Right-Of-Way which should facilitate future piping of the Brown Ditch within the
Right-Of-Way ; and
WHEREAS, the passage of this Ordinance authorizes the "Agreement For
Realignment Of Brown Ditch In Columbine Valley Estates" for the exchange of a
ponion of Brown Ditch by Quit Claim Deed between the City and Jack Lilienthal and
th e City and the current owners of Lot 3 ; and
WHEREAS , the Englewood Water and Sewer Board reco mmended approval of the
rea l estate exchange at the February 10, 2003 meeting;
NOW , TH EREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWC?O D, COLORADO, AS ,FOLLOWS :
Scct jon l . The City Coun ci l of th e City of Eng lewood, Colorado hereby accepts and
approves the "Agreeme nt For Realignmen t O f Brown Ditch In Columbine Valley
Estates " fo r th e exc hange of a ponion of Brown Ditch by Qui t Claim Deed, attached
he reto as "Attac hm en t l ".
Section 2. The Mayor and Ci ty C lerk arc hereb y authorized to si an and attest,
re pcctively , th e Agreement fo r and on beha lf of the City Council and th e City of
Englewood, Colorado.
Introduced , read in full, and passed on firs t rcadmg o n the Sth day of April, 2004.
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Published as a Bill for an Ordinance on the 9th day of April, 2004.
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 tint reading on the Sth day of April, 2004.
Loucrilbia A. Ellis
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AGREEMENT FOR REALIGNMENT OF
BROWN DITCH IN
COLUMBINE VALLEY ESTATES
This Agreement is entered into on the __ day of , 2004, between
Jack R. Lilienthal, owner of Columbine Valley Eswes, whose address is 701 Waison Lane,
Littleton, CO 80123, Vincent and Antoniette Salzano, owners of Lot 3 of Columbine Valley
Estates and the City of Englewood, a municipal corpor.ition of the State of Colorado. at 1000
Englewood P:irkway, Englewood. CO 80110, for the exchange ofre:il properties in Columbine
Valley EstateS and Brown Ditch.
WITNESSETH
WHEREAS, there has been a previous ell.change of properties between the City of
Englewood. Jack R. Lilienthal. owner of Columbine Valley Eswes where certain real property
was exchanged for :i portion of Brown Ditch Right-Of-Way by Quit Claim Deeds dated '.'.1ay 6,
2002 :ind recorded in the records uf the Arapahoe County Clerk and Recorder on June 30. :002;
and
WHEREAS. Jack R. Lilienthal now desires to develop another portion of Columbine Valley
Estates and requests another tr.lllSfer of properties to again realign Brown Ditch; and
WHEREAS. :ind Vincent and .\nton.iette Salzano, are the currently the owners of Lot 3-
Columbine Valley Eswes which arc :i part of that property which was exchanged for :i portion of
Brown Ditch Right-Of-Way ; and
WHEREAS. this rc:iligrunc:nt will benefit the City by straightening :i .:ur\'e in the Right-Ot~
Way which should facilit:ite furure piping of the Brown Ditch within the ,Right-Of-Way; and
WHEREAS, the Englewood Water md Sewer Board approved this .:xchange of properties at
its February 10 , 2004 meeting .
~O\\i , THEREFORE. it is agreed by :ind between the parties to exchange rc:i.l c:scatc :is
follows :
I . The legal descripnon of that portion of Brown Ditch . owned by the City of
Englewood. to be c:tchangcd by quit chum deed to Lilienthal and Vincent and
.\ntoructtc Salzano is shown on .-\ttachcd fahibit . .\.
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2. The legal description of the real property owned by Jack R. Lilienthal and Vincent
and Antoniette Salzano and to be exchanged by quitclaim deed for the above portion
ofBrown Ditch is shown on aaacbed Exhibit B. SipM~~Y~~ds~Aj?:
Jack R. Lilicntbal
/ Owner ofColumbincValley Estates
STATE OF COLORAD0 )
) ss.
COUNTY OF A,_, • ...,. c. )
The foregoing instrument was acknowledged before me this 'f-.w day of
M.oi.~ 2004, by J-t ... 1t.r~.,..._ as the
property owner of Columbine Valley Estites.
My Commission citpires :
Vi6t Sabio
Owner of Loe 3-ColumbineV3lley Eswes
ST A TE OF COLO RAW )
) :,S,
COL"NTY OF )
The foregoing instrument was acknowledged before me tlus .!!.__ day of
."I., r ~L.. • 2004 , by \)1 "< t ,~ ~lt:13:a"-"'• • the property oWMr of LO(}.
Columbine Valley Estites.
~t y Commission c:itp1res : iO-!l1::9 '2
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STATE OF COLORADO
COUNTY OF
Owner of Lot 3-ColumbineValley Estates
)
) SI.
)
The foregoing instrument was acknowledged before me this .5:._ day of
''"'-c.vyr,\.. • 2004, by Q "HDN:#' ?iJ :u,,,.. as the property owner of Lot 3-
Columbine Valley Estates.
Notary Public
My Commission e:tpires : tu-o 1-v(z
CITY OF ENGLEWOOD, COLORADO
Attest :
Loucrishia A. Ellis, City Clerlt
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E."<HIBIT
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PROPERTY CESCRIFTION -"BROWN CITCH" RIGHT-OF-WAY VACATION
A VACATION OF A ?ORTICN CF THE "SROWN DITCH" RIGHT-OF-WAY OVER AND
ACROSS A ?CATION CF LOTS 3 ANO 4, COLUMBINE VALLEY ESTATES. AS
RECCRDE:J UNDER RE·:E?TICN NO. 62180669 IN THE RECORDS OF THE .
ARAPAHOE COUNTY CL=i=IK AND RE·:ORDER: LOCATED IN THE NORTHWEST .·~
QUARTER OF SECTION 20. TOWNSHIP 5 SOUTri, RANGE 58 WEST OF ,:ii(E a™
PRINCIPAL·MERIDIAN: TOWN OF COLUMBINE 1/ALLCV, COUNTY OF ARAPAHOE.
STATE OF COLORADO: SE!NG MCRE PAATICUL~ALY DESC~IBE!J AS FOi.COWS:
BASIS OF aEARINGS
THE =.~STEALY LINE OF LO"i <l, CCLUMBINE VAL!..:Y ES7ATES. A~$,ECOADED
UNDER nECE:=TlCN NO. s2· 80669 iN THE :iE•::::RCS OF THE . .\AAP.~HOE
CCUNTY CL::=K ANC :iE·::::RCE:i. 3E.~FilNG SCC''.5'33": ?::i 7'r!E .:i_~T OF SAID
COLUMBINE\/ ALL:Y :ST A 7ES .
BE·3iNNING Xi 7r.E 3CU7r.WES7E:=L'f C~RNE= CF SAID LOT~:
TriENCE .~L':NG T;-1 E 'NE3T:::iL'f AND SC\..fTH:::=LY :CUNCAFiY OF SAID LOT~
THE FCLLC'NING T'NC (2\ COL;RSES :
1. ALONG THE .~RC OF A C:.JFI/: TO THE L=?=i' WHCSE CENTER SE.~AS
S,5'02' 1 s~N , HA \/ING A RACIUS OF .15.00 .=:::. A CENTRAL ANGL~ OF
39"55'.J. '. ". ANC ..l.N .~i=iC L::'IGTri OF 31.36 =::,':
2 . AL •:NG TH E .lFC CF ·"' :iE'/=.:;se CURVE ".'O ".'r.E RIGrT HAI/ING A
F.ACIL;S :F , :.JO ~::7. A :E~liMAL ANGL.: :::F :2°16'.J.5". il.ND ,.1,N ARC
L:NG7n OF 13 .::39 ~::7 :
THE:"lCE ir.c ~C:LL".)WING ~:VE ,:·, CCL.'RScS .
1 . N'i J.0 30'03": A :1 S7 Al'ICE C F ~a . :-a:=:=-:::
2 . .-lL:NG -r.E .lr.C CF A .'ICN-7..lNGi:NT C:JF'.': TO T'riE RIGH7 W!-:CSi:
CENi::=i 3EAi=S S.!0?:8'35'"N , !-iAI/ING ~ :,Ai:IL:S CF i5.CO r::T. A
CE :'J7r,,.lL J,NGi..: CF ::'1:·o s·. ANO .~M . .:.r=c _::'lGi1i C F 19 .96 :=:=7 ;
3. Nes 0 .:.e ·2s·=. ,.l, JIS7 ANCE CF :6.'."0 ,=::. .
.i, So.J.'23'" .!":. A :1S7 ANCE CF 78.:: r::.
::). NSS'.!.E'2S": . .-l JIS"i,J,NCE CF c'1 .7'S :=::. 70 ~ ?CINi' CN TH E :.>lSTERLY
SCL 1 IC.-lr.'f CF 3AID LOT J.:
n-e :-1c:: SCC ' · :·::::·: . .l.L:NG S..l l !: :,lS7:?LY :C\..;NCARY O F L':i ~ ANC rriE
E.lS7::=L' :C L 1c,i.,::;•, CF 3AIC L :T J .l, :11S,.-lMCE :F 50 .QO :=::i':
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TriENCE THE FOLLOWING TWO (2) COURSES :
1. S89°46'29"W, A DISTANCE OF 30 .00 F""cET;
2. N00°15'33"'N , A DISTANCE OF 20.00 FEEi TO A POINT ON THE
SOUTHERLY BOUNDARY OF SAID LOT 4, COLUMBINE VALLEY ESTATES;
THENCE ALONG THE SAID SCUTHE:=IL Y BOUNDARY OF LOT 4, THE FOLi.OWiNG
rrtREE (3) COURSES:
1. S89 .. 46"29"W, A DISTANCE OF 36.34 FE:i;
2. NS4°23'14"'N, A DISTANCE CF i8.6S FE::;
3. S89°46 '29 "'N, A OIS7ANCE OF 114.15 TO THE ?CINT OF SE·31NNING.
CONT .. ~INING 3,061 SCUAnE FE:T OR o.zoa ACi=iES . MCFE CR L.:SS .
PROP'!~TY CESCJ:tlPTlCN STATEMENT
I. JE:=:=R Y A. GUSTAFSON . A PCiCF:SSICNAL L.lNO SUFWE'fOR iN THE S,Ai: OF
COLORADO . CO HERE3Y S7ATe THA7 ihE ASCVE ?~CP:RiY OESCRIPTICN
ANC ATT ACHE:J E<HIEIT we::;e ?CiE?.~F.EJ UNCEFi MY RESPCNSi8LE. CHARGE.
AND ON THE 3AS1S OF MY KNCWL:~GE, INF·JRMATION AND 8E!..IEF. ARE
CORRE·:T .
JE:=FR Y A. GUST AFSCN . ?RCF:SSICNAL L.~NC SUR'IE"fCR
COLOR.l.CC NC . 29039
FOR AND ON oE :iAL:= CF JR :NGINE:RING , L!.C
X.1~ .,.a:·0 1·-~M:.ar:
Pt,;a : :t 3
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EXHIBIT
N'N 1/4, SECTION 20. TOWNSHIP 5 SOUTH, RANGE 68 WEST, 6TH P.M.,
TOWN OF COLUMBINE VALLEY, ARAPAHOE COUNTY
UN£ I BORING I : LINE TAB!.£
Lt I N74~0·0.n:1 30.7!1 :; I I I
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·, t I CURVE TA8L::
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RIC-l-i-CF-WAY VAC~TICN
LJ'iS J ANO 4, CCL'JMSINE
VAL:.-Y E3iATE3
JCS NC. 4671.01
CE-:~EB 30, 2CCJ
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EXHIBIT
PROPe:=IT'f DESCRIPTION -"BROWN DITCH" RIGHT-Oi:.WAY
A i=IIGHT-OF-W;, Y CVEFI AND ACRCSS A PORTION OF LOTS 2, 3 AND .1,
COLUMBINE 1/Al.L:Y ESTATES . AS RECORDED UNDER RECEPTION NO.
62180669 IN 7HE RE·:ORDS OF THE AAAPAHCE COUNTY Cl.ERK AND
RECORDE:=i: LOCATED IN THE NORTHWEST QUARTER OF SECTION 20,
TOWNSHIP 5 SOUTH, RANGE aa 'NEST OF THE 5;'1,i PRINCIPAL MEFIIDIAN; TOWN
OF COLUMBINE I/ALLEY, CCUNTY OF ARAPAHOE, STATE OF COLORADO; BEJNG
MORE PARTlCUU.RL Y DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS
THE E.~STEFiLY UNE OF LCT J., CCLUMSiNE 1/ALL:Y ESTATES ... ~S RECORDED
UNDEFI RE·:E?TlCN NO . S2~ 80669 IN THE RE·:CRDS OF n-lE AF.AP .4-HCE
CCUN7Y CL.:RK AND ~E·:::F.CER. 3E..l,F.ING sco•;e·33"E ?:Fi 71-:E ?!_..l,, OF SAID
COLUMEINE VAL!...2:' ESTA7:3.
BEGINNING Xi Tr.E scc.:~wES,:RL'! CCRNE:i OF 3AID I_CT J.:
THE:-JCE ALi:NG :HE 'NE57:RL'( cCUNC.AP.Y CF 3AIC !.CT J. ,HE :=·:L! . .':WING
TWO (2) CCL:RSES:
1.
2.
ALONG Tl-iE AFiC CF A CURVE ,O THE I_E:=T WHOSE CENTE:=i 3E.~RS
S75"J2'19~N. HAI/ING .. ~ .:1ACIUS OF JS.CO F::T, A Cl:NTRAL .A.NGLE CF
39°:5'.!~". ANO AN AFiC L.::-IG,H OF 31.36 :=::::
AL:NG ,r.E ).fiC CF ..i. ;:;e--tE:=sE CUF'/E ro :HE i=ilGHT HAI/ING A
RACIL'S CF 15.tJO i=:::, . .i. :e:-,.JT;:;AL AMGi..: CF :2°i6'.J.S"", .~NC ,l.N .~F.C
LENG7i-i CF 13.ci9 F:::;
Tr-iENCE THE FCL:..OWING Z:VE 15) COURSES :
1.
2.
4 .
ALO~IG TH E . .l,r.C CF A ,\ICN-7 ANGE~l, •:UF.V: 70 ,HE ::=7 Wl-CSE
CENT:;:; 3E..l.r.S 3.J.0°:a·2s··N . !-!AVING A AACICS OF i5.JO =::. . .J,
CE:"-li"r.AL . .i.NGL: CF 3,0 :0·:,. AND ,lN . .l,RC !.:NGT"r-1 CF J.~. ;3 F::.,
NS9 "J.E'2 9': . .l. :JIS7 ANCE OF 26 .32 F::7;
SS.!0 Z3' 1.!'::. A JIS7 ANCE OF i8.3S .=:~:
N89'.:!c '29':. A JIS7 ANCE CF ci:.33 F:: TC ,l. ::c1N7 CN 1'1-!E :.~S7E.~L'(
SCUMCARY CF 3AID t_QT J.;
THENCE SuC ' i s·:;:;·s .. .l.L:NG 5,ll[j :.l37:~L'' :Ct.:NCAI='' :F _,:r .! ~NC r.-,e
E..l.S7Er.L 'f cCI.JNC/lF.Y ::F 3,:.1c I_C, 3 A !J IS7,.l,NCE :F Jc .:o =:.:,
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THENCE THE FOUOWING THRE: (3) COURSES :
1. sag• ~g·w, A DISTANCE OF ol.'$1 ~r::1;
2. N84"23'14''W, A DISTANCE OF78.65 FEET;
3. sag• ~-w, A DISTANCE OF 112.48 FET TO A POINT ON THE
WESTE.~L Y BOUNDARY OF SAID LOT 2:
THENCE ALONG THE WESTE:::tL Y BOUNDARY OF SAID LOTS 2, 3 AND 4, AND
ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT WHOSE CENTER
BE.~AS N79°1ff0S-W, HAVING A RADIUS OF 45.00 FE:i, A CE:'ITAAL ANGLE OF
25' ~ 1 '36", ANO AN ARC LENGTH OF 20.18 F:ET TO THE POINT OF BEGINNING.
CONTAINING 3,925 SQUARE i=E:i OR 0.205 AC~ES , MCRE OR L=SS.
PROP!:rr'f CESC~IPTtON STATE.'9ENT
I, JE~Y A. GUSTAFSCN, A ?!=iCF:SSICNAL !_..l.NO SURVE"fCR IN THE ST ATE OF
COLCRACO . CC HE:=!E3Y STATe THAT iHE ASCVE ?!=iCPE:=iiY DESC111FTiCN
AND A Tr ACHEJ E<Hl817 W!:i=E ?!=iE:=.~REJ UNOE:=i ~IY RES?CNSISL: c:..iARGE,
AND CN ThE 3AS1S OF MY t<NCWL:JGE. INFSRMATICN . .>.NO !:E:..i E:=, AFiE
CORRE·:T .
JE~;::;y A. GUS7AFSON. PFiOF:SSICNAL L~ND SURVEYOR
C:LORACO NC . 29039
FCF. ANC CN :E:-!AL: OF JF. :NGiNE::=ilNG . L!..C -...... "• ........
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EXHIBIT
NW 1 / 4, S£CTI0N 20, TOWNSHIP 5 SOUTH, RANGE 68 WEST, 5TH P .M.,
TOWN OF COLUMBINE VALLEY, ARAPAHOE COUNTY
UNE TA8L::
WNE I BEARING I ~NGTH
Ll I N,4.·~o·o.3·:-1 .30.78
---
~·.·: ::=
/ :\ ' / : \ ..... ___ / /'
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":RC'IIN 'JI,::~· ~IGHi-CF'--.VA~ .::N7~1NS 3.::~ £CUARE ~7
CR J.:C!: .~c;:;s:::; \ICRE CR ..:'.;:S
.. :C 25 C :G 1cc
s.:.l~: , .. = :c '
.'IC"::.
TI-IS ;;:<1•!1 81-JCE3 'ICT 'lE=i.E::2-li ~ \IC!'lUME:, iD
SUR'IE '' .i.NC S NTc:NCEJ JNL ~ i O )E.=•C7 ihE
~T7~C:.;EJ .:<sc?~~7':' OESC::llPTICN .
·aROYIN :Jt7c:-;· RIGHT-CF-WA~
LOiS 2. J ANO 4.
CCLUM81NE VAL!..:.-Y EST A 7ES
JCS NC. 46i1 .01
OECE.\tB~ JO. 200.3
Sr.Ei J CF J
~ J-R E.:-.iCiINEE.RINCi ,..__.._
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COUNCIL COMMUNICATION
Date Agenda Item Subject
April 5, 2004 11 Ci A resolution declaring the intent of the
City of Englewood to reimburse itself
with proceeds of a future borrowing for
capital oudays related to the Phase II
expansion of the Litdeton/Englewood
Wastewater Treatment Plant -
Initiated By Staff Source
City of Englewood, Finance and Administrative Frank Gryglewicz, Director
Services Department
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City Council has made this project a priority because it expands the capacity or the plant and ensures
com pliance with state and federal requirements.
RECOMMENDED ACTION
Staff recommends the City Council approve the attached resolution declaring the intent of the City to
reimburse itself with proceeds from a future borrowing.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Littleton/Englewood Wastewater Treatment Plant has a current treatment capacity of 36.3 million
ga llons per day (mgd) and 63,000 pounds per day of organic matter. The two primary reasons driving the
expansion of the present facility are:
• Population growth in the service area
• Regulatory requirements to require nitrate removal from plant effluent
The total cost of the project is $110,000,000. The two cities will fund this project by using reserves, and
iss uing water revenue and Water Pollution Control Revolving Fund Bonds.
FINANCIAL IMPACT
The total project cost is $110 million; financed by using reserves, and issuing water revenue and Water
Pollution Control Revolvin,3 Fund Bonds
UST OF ATTACHMENTS
Pro p osed resolution
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RBS0Um0N NO.
SERIES OF 2004
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO,
DECLARING ITS OFFICIAL INTENT TO REIMBURSE ITSELF WITH THE PROCEEDS OF
t A FU11JRE BORROWING FOR CAPITAL OU11.AYS RELATED TO THE PHASED
EXPANSION OF THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT.
WHEREAS, the City ofEnglewood (the "City"), in the State of Colorado (the "State"), is a
political subdivision duly organized and existing pursuant to the Constitution and laws .of the
State; and
WHEREAS, the City Council of the City (the "City Council") is the governing body of the
City; and
WHEREAS, the City Council has determined that this is a priority because it expands the
capacity or the Littleton/Englewood Wastewater Treatment Plant and ensures compliance with
state and federal requirements; and
WHEREAS, the Linleton/Englewood Wastewater Treatment Plant has a current treatment
capacity of 36 .3 million gallons per day and 63,000 pounds per day of organic matter;
WHEREAS, the expansion of the present facility is needed due to the population growth in the
service area and regulatory requirements which require nitrate removal from plant effluent; and
WHERAS, the total cost of the project is $110,000,000 which will be funded by Littleton and
Englewood by using reserves and issuing water revenue and Water Pollution Control Revolving
Fund Bonds; and
WHEREAS , the City Council hereby desires to declare its official intent, pursuant to 26
C.F.R. §1.150-2, to reimburse the City for such capital expenditures with the proceeds of the
City's future taxable or tax-exempt borrowing;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section I . Declaration of Official Intent. The City shall , presently intends, and reasonably
expects to finance the Project with legally available funds .
Section 2 . Dates of Capital Expenditures . All of the capital expenditures c overed by this
Resolution were or will be made on and after the date, which is sixty (60) days prior to the
effective date of this Resolution .
Section 3. Issuance of Bonds. Notes or a Lease Purchase Financing. The City presently
intends and rea sonably expects to panicipate in taxable or tax-exempt borrowing within eighteen
( 18) months of the date of the expenditure of moneys on the Project or the date upon which the
Project is placed in service, whichever is later (but in no event more than three (3) yean after the
date of the original expenditure of such moneys}, and to allocate from said borrowing an amount
not to exceed the Financed Amount to reimburse the City for its expenditures in COMcction with
the Project.
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Section 4. Confirmation of Prior Acts, All prior acts and doings of the officials, agents and
employees of the City, which are in conformity with the purpose and intent of this Resolution,
and in furtherance of the Project, shall be and the same hereby are in all respects ratified,
approved and confirmed.
ADOPTED AND APPROVED this 5th day of April, 2004.
AITEST: Douglas Ganett, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __J Series of2004.
Loucrishia A. Ellia, City Clerk
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
Resolution in Support for Six Year
April 5, 2004 11 C ii Reauthorization of the Transportation
Eauitv Act for the 21" Centurv (TEA-21 l
Initiated By: Staff Source:
Public Works Ken Ross, Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There has been no previous Council action on this requt!St
RECOMMENDED ACTION
Staff recommends that City Council approve the attached Resolution.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
For more than a year, members of Congress have been discussing. debating. and negotiating about
what to invest in our nation's transportation system. Their decision will have a dir~ct impact on the
economy, jobs, traffic congestion, and transportation safety.
The Senate passed S.1072 which will authorize $318 billion over a six year period for federal aid for
highways, highway safety programs, and transit programs. This funding will provide $6 billion for
safety programs, $56.5 billion for transit, and $255 billion for highways. This bill also ensures that
each sta te re ceives a minimum of a 95% return on their Highway Trust Fund contributions by the
yea r 2009. The Senate bill does not raise federal gas taxes or user fees, nor does it increase the
federal deficit. It continues the important principle of paying for transportation improvements
through the Highway Trust Fund. Both Colorado Senators Campbell and Allard voted for this bill.
The House Transportation and Infrastructure Committee is working on H .R. 3550, The
Transportation Equity Act: A legacy for Users . After it moves out of this committee it will be
debated and voted on by the full house. Once the House passes a bill, the House and Senate must
then meet for a conference this spring to negotiate a compromise bill .
H.R. 3550 as c urrently written will authorize $292.7 billion in transportation investment over the
next six years and 11\<l ll therefore strip TEA-21 of some essential and positive elements that came out
of a diverse group of interests ranging from local planners and cycling enthusiasts to municipal
officia ls, transit supporters, environmentalists, and historic preservationists.
The American Public Works Association, the American Society of Engineers, the National league of
Cities, the National Association of Counties, the United States Conference of Mayors. and the
International City/County Management Association have all gotten behind this effort to try to
encourage Congress to continue a balanced approach to an overall United States transportation
policy where loca l governments and regional metropolitan planning organizations have the
flexibility to decide on the transportation projects that meet local needs and reduce congestion and
are all owed to factor in environmental as well as community type issues.
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FINANCIAL IMPACT
Englewood was very successful in the last Transportation Improvement Program. We received, or
are about to receive, $1,937,000 in federal funding toward three sidewalk projects, one bike trail
project, a bus shuttle project, and a South Broadway s.treetscape project These bike and
pedestrian, transit, and enhancement projects are the type of projects that will be eliminated if the
House version of the Transportation Equity Act Reauthorization bill gets passed.
LIST OF ATTACHMENTS
Proposed Resolution
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A R&SOLtmON SUPPORTING 1llE RBAU'l1fORJZATION OF FEDERAL /
TRANSPORTATION PROGRAMS AND POLICIES NECESSARY TO IMPROVE OUR
"NATION'S MOBILITY AND UROINO CONGRESS TO PASS A SIX-YBAlt SURFACB
TRANSPORTATION REAUTHORIZATION BILL IN THE AMOUNT OF NO LESS TitAN
1 S318 BILLION DOLLARS.
WHEREAS, the U.S. Congress has not completed its work to reauthorize Federal
Transportation Programs and policies necessary to improve our nation's mobility; and
WHEREAS, reauthorizing Federal Transportation Programs is essential in order to improve
our nation's economic health because transportation infrastructure constitutes the circulatory
system through which consumers and commerce flow in and through our nation's cities and
regions; and
WHEREAS, reauthorizing Federal Transportation Programs arc a jobs-saving as well as a
jobs-creating bill; and
WHEREAS, the City of Englewood cannot afford to lose another construction season while
Congress debates reauthorization; and
WHEREAS, the longer Congress delays the greater the risk that transportation projects and
programs currently underway will either slow down or stop, jeopardizing existing jobs and the
creation of new ones; and
WHEREAS, the reauthorization ofFcdcral Transportation Programs pays for itself because
federal gas tax revenues collected at the pump help pay the bill; and
WHEREAS, reauthorizing Federal Transportation programs will help reduce the stranglehold
of roadway congestion that pollutes our shared environment and steals peoples' time from more
productive activities at home, work and play; and
WHEREAS, reauthorizing Federal Transportation Programs in an investment in homeland
security because our nation's transportation systems help move people out of harm's way and
transport emergency personnel where needed; and
WHEREAS, the City of Englewood, Colorado and cities and towns across our nation desire a
six-year rather than a two-year bill because transportation projects require long-term planning and
funding stability that , in tum, helps ensure cost effective projects; and
WHEREAS, Congress must build on the legacy of the Transportation F.quity Act for the 21 11
Ce ntury ("TEA-21 "), and improve the long term funding and program flexibility of federal
transportation programs and policies at the State and local levels .
1 OW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
E GLEWOOD, COLORADO, THAT :
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Section 1. The City Council of the City of Englewood, Colorado supports the reauthorization
ofFederal Transponation Programs and policies and urges congress to pass and the President to
sign a six-year surface transportation reauthorization bill in an amount of no less that $318 billion
dollars.
ADOPTED AND APPROVED this S111 day of April , 2004 .
ATIEST: Douglas Garrett, Mayor
Loucrishia A . Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No.___, Series of 2004 .
Loucrishia A. Ellis, City Clerk
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Call to order J
Invocation
o Allegiance Pledge f
Roll call
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, APRIL 5, 2004
7:30 P.M.
Englewood Civic Center -Council Cha~bers
1000 Englewood Parkway
Englewood , CO 80110
1. Call to order. rJ~Sl/,~
2. Invocation. /b~
3. Pledge of Allegiance .
4 . Rollcan. l/1 ~
5. Minutes.
df!!l?·}'{J Minutes from the Regular City Council meeting of March 15, 2004.
6. Scheduled Visitors . (Please limit your presentation to ten minutes.)
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7. ~ Vi sitors . (Please limit your presentation to fiv~ minutes.)
8 . Com ~unica ti o ns, Procl amations, and AppointrnrnJ;~~~
l2m,J')1 · ,rt,. proclama tion dee ring~~t'oays of Remem bra nce for Victims of the Jr/",, . -VHolocaust. <Z!?!:})
~'J-op,odamalk>n ~ 0004 "Mx, Day. ~
9. Public Hearing. (No Public H earing Scheduled )
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PleJ e note: If you have a disability and need auxiliary aids or services. please notify the City of Enslewo<>d (JOJ-
762 -2405) il l least 48 hours in adv,ince of when seMCN are needed Thank
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Eng lewood Ci ty Council Agenda }fJ
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April 5, 2004
Page 2
10.
i. Council Bill No. 6 -Recommendation from the Department of Public Works to
adopt a brll for an ordinance approving an Intergovernmental Agreement with
the City of Westminster for equipment sharing. STAFF SOURCE: ken Ross,
Director of Public Works .
b. Approval of Ordinances on Second Reading.
C.
Council Bill No. 14, approving an Encroachment Agreement at 3560 S. Bannock
Street, the Skerritt House.
ii. Council Bill No. 16, approving an Intergovernmental Agreement with the City of
Cherry Hills Village to provide Information Technology Procurement and
Support Services .
iii. Council Bill No. 1 7, approving an Intergovernmental Agreement with the City
and County of Denver's Department of Safety regarding the Urban Area Security
Initiative.
Resolutions and Motions.
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11 . Regular Agenda .
a. Approval of Ordinances on First Reading.
i. Council Bill No. 19 -Recommendation from the Community Development
Department to adopt a bill for an ordinance approving four Intergovernmental
Ar)/f!Subgrantee Agreements with Arapahoe County for 2004 Community
tf ( "(/Deve lopment Blo~~~ntJu!"<Jl~;...STAFF SOURCE: Jan~!:!_m_mett, Hou~
financeSpecialls,o~~ ~~~
ii. Co uncil Bill No. 21 · Recommendation from the Department of Financ/and '?-0 Admrrnstraliv~ Services to adopt a bill for an emergency ordinance reaffirming
the establishment of the Sewer Util!ty Enterprise. STAFF
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~~'1,.(;E: Frank .. ~ ~
Gryglewicz. Finance Director...2~;-~ ~
iii. Council Bill No. 20 -Recommendation from the Littleton/Englewood
'Wastewater Treatment Plant Supervisory Committee to adopt a bill for an
emerge ncy ordinance authorizing two (2) Intergovernmental Agreements with the
Colora do Water Resources and Power Development Authority for the issuance of
Wattr Re enue and Waler Pollution Control Revolving Fund bonds for the Phase 2
-ricpaii~j'fro~~TAFF SOURCE: and
rector of Fl~~-Administrative Semc:es.
Pl ease note: If you have a disability and need auxiliary aids or services, please nolify the City of Englewood
(303-762-2 405 ) at leas t 48 hours in advance of when services are needed. Th.ink
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Englewood City Council Agenda
April 5, 2004
Pag e 3
iv. Council Bill No. 15 -Recommendation from the Utilities Department to adopt a
fiill for an ordinance approving an agreement for realignment of Brown Ditch in n ,/") Columbine Valley Estates alo"' Watson Lane. STAFF SOURCE: Stewart H.
(-(./ Fonda, Director of Utilities. :jo/5° _ ~
b. Approval of Ordinances on Second Reading.
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c. Resolutions and Motions.
Recommendation from the Department of Finance and Administrative Services
to adopt a resolution declaring the intent of the City of Englewood to reimburse
itself with proceeds of a future borrowing for capital outlays related to the Phase
II expansion of the Littleton/Englewood Wastewat% ~e~t Plant. STAFF -,;i!
SOURCE: frank Cl')'glewicz, finance Director. vv ~
ii. Recommendation from the Department of Public Works to adopt a resolution
/). • IL supporting Six Year Reauthorization of the Transportation Equity Act for the 21" ~ ;.,:J Century (TEA-21) regarding EA-21 Funding. STAFF ~,!_CE: Ken R°!Tt12.~ ~ llff"'?-Orn-.,o1Puhllcwo.ru. 'f;t! ~YO ~;-
12. General Discussion .
a. Mayor's Choice.
b . Council Members' Choice.
13. City Manager's Report.
14 . City Attorney's Report.
Adjournment. 'D ;J-() rw
The following minutes were transmitted to City Council between March 12 and April 1, 2004:
• Englewood Transportation Advisory Committee meeting of Febru.iry 12, 2004
• Englewood Code Enforcement Advisory Committee meeting of Febru.iry 18, 2004
• Englewood liquor licensing Authority meeting of M.irch 3, 2004
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P1 ase no te : If )'OU have II disabtlity and need .iu.xlliary aids 0t seMCes, please notify the City c1' Englewood
(303-762-2 405) at lea t 48 hours m advance of when services are needed. Tilillnk
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