HomeMy WebLinkAbout2004-05-17 (Regular) Meeting Agenda Packet-
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Regular City Council ~eetin g
May 17, 2004
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Replar Session
May 17, 2004
I. Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:32 p.m.
Mayor Garrett said last Friday we lost a member of our family . One of the things that we cherish in Englewood is
our sense of community and that is shown through our citizens, the people that work here and the people that work
for the citizens of Englewood . So, if we could have a moment of silence for Tina, her children, her family and her
extended family.
There was a moment of silence.
Mayor Garrett said thank you very much.
2. Invocation
The invocation was given by Council Member Barrentine.
3 . Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Garrett.
4 . RollCaU
Present:
Absent:
A quorum was present .
Also present :
5 . Minutes
Council Members Tomasso, Barrentine, Garrett, Bradshaw, Wolosyn, Yurchick
Council Member Moore
City Manager Sears
City Attorney Brotzman
Assistant City Manager Flaherty
City Clerk Ellis
Director Olson, Safety Services ,
Director Ingle, Information Technology
Director Fonda, Utilities
Director Simpson, Community Development
Manager of Open Space Lee
(a) COUNCIL MEMBER., WO~N MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 3, 281M.
Mayor Garrell asked if there was any discussion or comments . There were none.
Vott lfflllts:
Ayes:
Nays :
Absent :
Motion carried .
Council Members Barremine, Bradshaw, Garrett. Wolosyn, Yurchick, Tomasso
None
Council Member Moore
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Englewood City Council
May 17,2004
Pagel
6. Scheduled Visitors
There were no scheduled visitors .
7. Unscheduled Visitors
(a) Cyndi Krieger. 2987 South Cherokee Street, said I was reading the City Council minutes fr o m
April 19111 and you were discussing the Concrete Utility. I am one of the homeowners that opted out and I was
noticing that you said when you opt back in, you have to pay for all years that you have not been in since they
started the utility. And, she noted, if you were out for twenty years that could be a lot. They said that some
homeowners have been asked to opt back in prior to a sale . If the concrete has to be up to snuff by the time you opt
back in, then it is not fair that you should have to pay for services you did not receive for all those years when you
opted out. I think you s hould look at changing that, if what I understood from the minutes is correct. Because, if
you were out for twenty years and you had to opt back in, you arc paying for services you did not receive and I don't
think that is right. Thank you .
Mayor Garrett thanked Ms. Krieger. If you stay until the end of the meeting, I will be glad to address that issue, he
said.
8. Communications, Proclamations and Appointments
(a) A letter from Dorothy A. Manincz indicating her re signation from the Englewood Liquor
Licensing Authority was considered.
COUNCIL MEMBER BARRENTINE MOVED, AND IT WAS SECONDED, TO ACCEPT THE
RESIGNATION OF DOROTHY A. MARTINEZ FROM THE ENGLEWOOD LIQUOR LICENSING
AUTHORITY.
Mayor Garrett asked if there wa s any di scussion . There was none.
Vote results:
Ayes :
Nays :
Absent :
M oti o n carried.
Council Members Barrentine, Bradshaw, Garrett, Wolosyn, Yurchick, Tomasso
None
Council Member Moore
(b) A letter from James M . Johnson indicating his resignation from the Englewood Code Enforcement
Ad visory Committee a nd th e E nglewood E lecti on Co mmi ssion was considered .
C OUNC IL M EMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT THE
RF..SIGNA TJON OF JAMES M. JOHNSON FROM THE ENGLEWOOD CODE ENFORCEMENT
ADVISORY COMMITTEE AND THE ENGLEWOOD ELECTION COMMISSION.
M ayor Garrett asked if there was a ny di sc ussion. There was none.
Vote re!illlts:
Ayes :
Nays :
Absent :
Mouon carried .
Counc il Members Barrentine. Bradshaw, Garrett , Wo losyn , Yurchick, T omasso
None
Council Me mber Moore
(c) A proc lamatio n proclaimi ng June 3. 2004 as S pecial Olympics Colorado Law Enforcement Torch
Run Day in E nglewood was considered.
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Mayor Garrett said we discussed thi s briefly at the Study Session . Two of our people will be torch bearers during
that run .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
8 (c) • A PROCLAMATION PROCLAIMING JUNE 3, 2004 AS SPECIAL OLYMPICS COLORADO LAW
ENFORCEMENT TORCH RUN DAY IN ENGLEWOOD.
Ayes :
Nays :
Absent:
Motion carried .
Council Members Barrentine, Bradshaw , Garrett, Wolosyn , Yurchick, Tomasso
None
Council Member Moore
Mayor Garrett presented the proclamation lO Sergeant John Knoth .
Sergeant Knoth said I am with the Department of Safety Services Traffic Enforcement Team and I wanted lO thank
you for this proclamation. I recently became involved as our Coordinator for the Special Olympics Colorado and as
part of that I am still learning. This was just a few months ago, so I am still learning everything that is involved with
it. The torch run itself is the largest portion of the fund raising for the Special Olympics Colorado. It serves not
only the athletes that participate, but also their families . It gives them a chance to really experience an awful lot of
things that a lot of these people wouldn 't be able to otherwise. When I say people. it is not just kids . I think a lot of
time s we think that Special Olympics is just for the kids , but it is not. I believe they actually have one 82 year old
athlete . It is quite a benefit to the familie s that wouldn 't be able to afford the experience that a lot of these people
gel through Special Olympi cs. We arc going lO do a torch run ... the torch run will actually bypass Englewood. It
will come to our eastern border on June 3n1. I have prepared a letter. as a way of explanation and information for all
of you and also an invitation to come out and watch the torch as it passes by our City. Right now we have four
runners that arc signed up to participate in that and hopefully by June 3nl I may have some more runners . But. that is
how they raise the money for the Special Olympics. There is a $25 .00 fee for the runners and any sponsors or
pledges that they can pick up along the way goes to help the Special Olympics also . If anybody has any questions,
feel free to give me a call. I think I left my number in there. If not. you know where to find me . We would like to
see as many people out there as we can in support of our runners . Director Olson will be running in the torch run
with three other officers. It is for law enforcement personnel only. b,ut we would like to make a good show this year .
Thank yo u very much.
Council Member Barrentine sai d th ank you for your involvement and congratulations. There was applause .
9 . Public Hearing
No publi c hearin g was sc heduled before Co uncil.
10. Consent Agenda
(a) Ap pro val of Ordi na nce s on Fi rst Read ing
There were no additio nal items subm itted for app rova l on firs t readin g. (See Agenda Item 11 -Re gul ar Agenda.)
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 10 (b) (I), (11) and (ill) AND 10 (c) (I).
(b) Approva l of Ord inances on Second Readin g
(i) ORDINAN CE NO . 27 . SE RIES OF 2004 (COUNC lL BU.L NO . 23. INTRODUCED
BY COU NC IL MEM BER BRADSHAW )
AN ORDINAN CE AUT HORIZING AN INTERGOVERNMENT AL AGREE MENT BETWEEN ARAPAHOE
COM MUN ITY COLLEGE/AR AP AH OE-DOUGLAS CAREER AN T HNICAL SCHOOL AND THE CITY
OF ENGLE WOOD PERTAININ G TO THE BUlLD ING OF A SING LE FAMIL Y RESIDENCE AT A SITE TO
BE DET ERMI NED .
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(ii) ORDINANCE NO . 28, SERIES OF 2004 (COUNCIL BILL NO. 24, INTRODUCED
BY C OUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING THE SALE OF THREE HOUSING REHABILITATION FUND
PROPERTIE S, ON THE OPEN MARKET.
(iii) ORDINANCE NO . 29, SERIES OF 2004 (COUNCIL Bll..L NO. 25 , INTRODUCED
BY COUNCIL MEMBER WOLOSYN)
AN ORDINANCE AUTHORIZING A SUBORDINATION AGREEMENT BETWEEN COLORADO HISTORIC
FOUNDATION REVOLVING LOAN FUND, COLORADO PRESERVATION, INC. AND THE CITY OF
ENGLEWOOD. COLORADO FOR THE REHABILITATION OF THE SKERRITT PROPERTY .
(c) Resolutions and Motions
(i) CONTRACT WITH VISION INTERNET PROVIDERS, INC. FOR A WEB SITE
SERVICES AGREEMENT FOR WEB REDESIGN AND WEB INFRASTRUCTURE IMPROVEMENTS IN THE
AMOUNT OF $47,815.00.
Vote results:
Motion carried.
Ayes :
Nays:
Absent :
Council Members Barrentine, Bradshaw, Garrett, Wolosyn. Yurchick, Tomasso
None
Council Member Moore
11. Regular Agenda
(a) Approval of Ordinances on First Reading
(i) Director Fonda presented a recommendation from the Utilities Dcpanmcnt to adopt a bill
for an ordinance approving Southgate Supplement #156 for inclusion of 5420 South Colorado Boulevard into the
Southgate Sanitation District. He said this is just standard inclusion that is surrounded by Southgate. We are
committed to serve by contract and we recommend inclusion ... that it be permitted to be included in the District.
Mayor Garren asked if there were any questions for Mr. Fonda.
Council Member Yurchick said do they have to pay for the hookup?
Mr . Fonda sai d yes, everything else is standard. This is just to include them in the District so they can hook up.
Mayor Garrett asked if there were any other questions.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (I)· COUNCIL BILL NO. 27.
COUNCIL BILL NO. 27 , INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 156 TO THE SOUTHGATE SANITATION
DISTRICT CONNECTOR 'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT
BOUNDARIES.
Mayor Garren asked if there was any discussion . There was none .
Vote results:
Aye s : Council Members Barrentine, Bradshaw, Garren, Wolosyn, Yurchick, Tomasso
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Englewood City Council
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Nays:
Absent:
Motion carried.
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None
Council Member Moore
(ii) Director Simpson presented a recommendation from the Department of Community
Development to adopt a bill for an emergency ordinance authorizing temporary suspension of sections of the
Englewood Municipal Code pertaining to allowed hours and days of operation of Farmers Markets in the City of
Englewood. He said before you tonight is an emergency ordinance requesting a temporary suspension of
enforcement of Englewood Municipal Code 16-5-5 (E) (2) (c) relating to temporary use in the new Uniform
Development Code. We are, as you may be aware, going to be having a summer Farmers Market here at CityCenter
Englewood. It will be operating as proposed in the contract between the Englewood Environmental Foundation and
the vendor, Platte River Markets. We will be operating on Saturday and Thursday evenings. Our UDC only
provides for Farmers Markets to be operated one day a week, on Saturdays, between the hours of 6 :00 a.m. and 2:00
p .m . What this does, is it prevents this particular contract from being able to be implemented, due to the Thursday
night aspect. We noted that when we implemented the UDC that there may be instances where we may have to
amend it and this is just one of those times. We are requesting that you approve this emergency ordinance on first
reading tonight and we will have a second reading on the 7"' of June . If all is approved by Council, the Thursday
night Farmers Market will begin on June 11•.
Mayor Garren asked if there were any questions for Mr. Simpson. There was none .
COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (U) • COUNCIL BILL NO. 28.
COUNCIL BILL NO. 28, INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR
MORATORIUM OF TITLE 16. CHAPTER 5, SECflON 5, SUBSECTION (E), NUMBER (2). PARAGRAPH (c),
OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO FARMERS MARKETS FOR A PERIOD
OF SIX MONTHS.
Mayor Garren asked if there was any discussion. There was none.
Vote raults:
Ayes:
Nays:
Absent:
Motion carried.
Council Members Barrentine, Bradshaw, Garren, Wolosyn. Yurchick, Tomasso
None
Council Member Moore
Mr. Simpson said we will be coming back with an ordinance arnending the Code.
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for approval on second reading. (See Agenda Item IO -Consent Agenda.)
(c) Resolutions and Motions
(i) Manager Lee presenicd a recommendation fron:-the Department of Parks and Recreation
to approve . by motion, a contract to Jim's Pride Landscaping & Maintenance. Inc. for landscape maintenance along
anta Fe Drive. Hampden Avenue, and Broadway. in the amount of $55,070.00. He said the bid is for the lowest
technically acceptable bidder, Jim's Pride Landscaping. The maintenance contract iii for South Santa Fe. Broadway
and the Hampden medians. These arc the areas where there are greenscapcs or landscape only and this excludes
hendan · ponion other than ""hat we would normally hare with them. such as the irription and electricity.
Mayor Garren asked 1f there "ere, ny questions for Mr. Lee .
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Englewood City Council
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Council Member Yurchick said docs this still continue the night time maintenance schedule, rather than during the
day? Mr . Lee said, the night time schedule, yes.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (c) (I)· A CONTRACT WITH JIM'S PRIDE LANDSCAPING & MAINTENANCE, INC. FOR
LANDSCAPE MAINTENANCE ALONG SANTA FE DRIVE, HAMPDEN AVENUE, AND BROADWAY,
IN THE AMOUNT OF $55,070.00.
Mayor Garren asked if there was any discussion. There was none.
Vote raults:
Ayes:
Nays:
Absent:
Motion carried.
12 . Genenl Discussion
(a) Mayor's Choice
Council Members Barrentine. Bradshaw, Garren. Wolosyn, Yurchick. Tomasso
None
Council Member Moore
Mayor Garrett said I just would like to thank Lieutenant Collins for his memo addressing the concerns that came up
at the last community meeting . I appreciate the time and effort that took. It was quite helpful.
(b) Council Members' Choice
(i) Council Member Wolosyn:
I. She said I did like your memo. h was informative and you even let us know more than wc knew was at
hand. I like that.
2 . She said this morning I had the privilege of meeting with Bob Simpson, Harold Stitt and Julie Haines of the
Louis Berger Group. This is the group that sponsored Harold's trip to India, where he brought what wc know to
their projects. h was really informative and inspiring, bcc.ause she made it clear that the things that happen in the
United States, successful projects like this that arc innovative, really have an effect far away in the world and give
developing countries the incentive to try these projects. She said that a number of times and wc all agreed that it
would be good to continue the relationship in the future .
3. She said I want to thank Council for the sponsorship of the KEB foursomes .
4 . She said it came up at the last meeting that some of the information in the Code Enforcement flyer is
probably misleading and it happens to be italized in the second section under screening, "Any screened vehicles
shall not be visible from adjacent properties and public rights-of-way." This isn't really consistent with Council's
agreement not to alter our current fencing, which is 6 feet. So, I think maybe we need something to say that the
current fencing ordinance is adequate to meet screening . I think we need to do as much as wc can to mitigate.
Council Member Bradshaw said we weren 't even going to deal with the fencing at that time.
Council Member Yurchick said I thought we agreed on 6 feet, which is good enough c.ovcragc. Both Ms. Bradshaw
and Ms . Wolosyn said that is right.
But , Council Member Bradshaw said, that isn 't how it has been enforced, to my understanding.
(ii) Council Member Barrentine said I want to thank Stu Fonda for the tour that wc took of
the Bi -City Plant and the Water Plant. I wanted to also thank Bill McCormick, over at the Water Plan1, he did 1111
ex cellent j o b and Greg Farmer at the Bi-City Plant who also gave the presentation they had Jivcn to the people from
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Englewood City Council
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Rwandan. He had even spruced it up since then . It was absolutely fantastic and a lot of work and effort went into
that. So thank you, she said, it was well worth it.
(iii) Council Member Bradshaw:
I. She said kudos to staff for the excellent Citizen of the Year program last week . Please pass that on.
2. She said the South Suburban Park Foundation has run into a little bit of a problem with Big Dry Creek. If
we finish that segment on the south end of Big Dry Creek, we still need to address the rip-rapping that needs to go
on the north side. Mr. Lee said rip-rapping means rock that stops erosion. Ms. Bradshaw said it is on hold until we
can get the additional funds from Urban Drainage, because we don't want to put in all this new stuff and then have
them traipse over it to go to the other side . So, that is on hold right now.
3. She said we have an odd situation in my neighborhood and I talked to Gary about this. We had a fox kit
that was paralyzed on the hill down from my house. Something is killing the foxes in that area, because they are
finding fox parts. I thought foxes were pretty tenacious, but something paralyzed the little kit so it couldn't move.
called Colorado Human. They said they don't do anything unless it is dead . I called the Wild Life and they said
they were under funded so nobody could come out. So, the neighbors and I kept putting water on this kit to help it
feel comfortable, but it was dying and nobody would come out ... no one. Then once it died we took it to the Human
Society and they took care of the body, but this was a horrible thing for these kids. There were 10 little kids there.
The adults were running around trying to figure out what we can do. I called the Englewood Police, they said they
didn't do that. Code Enforcement wasn't available. I called Dispatch again to see if that is really what they meant.
Then I called the Colorado Wild Life and called the Humane Society while other neighbors were calling other
people so they probably got 50 calls from our neighborhood at the same time, but it was a real stressful situation for
the kids watching that. And, I don't know what we can do when it is wild life.
Mr. Lee said we are running into the same problems out at the Golf Course and in the Parks. Typically, I found
none of those agencies are willing to help or assist because they are undermanned and understaffed. The only thing
I can suggest in the future would be any form of animal rescue. Ms. Bradshaw said I called the rescue guys and they
asked if it was dead. I said no and they said when it is dead they will come and get the body. She said that is not the
problem. Mr. Lee said Animal Rescue? Wow, that has not been my experience in the past. Ms. Bradshaw said this
wa s a Saturday. Mr. Lee said some of them are good and some of them aren't. Maybe a veterinarian?
But anywa y, Ms . Bradshaw said, I think we have a mountain lion . Could we have something running in the '-Teck
like that? Mr. Lee said coyotes will also kill foxes . when they are in the same territory. Ms . Bradshaw said in
to wn ... would they be that far in? Mr. Lee said yes, they will follow any of the riparian waterways. Ms. Bradshaw
said if something is do wn there, what would we have to do? Call you and say there is something running in Big Dry
C reek killing foxes?
Mr. Lee said I do n't know that any of the agenci es will respond h> something like that. We have seen that before
with pretty m uch anyth ing other than may be if a deer has been hit. T hey will come out for someth ing larger, but
geese. any of those th ings, raccoons ... they do n't te nd to care I guess.
Ms. Brads haw said yes, we had a raccoon electroc uted and it j ust hung there until Xcel ca me o ver. It was a wful.
13. City Manager's Report
(a) Ci ty Ma nager Sears said just to remind Counc il that ne xt week we are at the Malley Center. We
have th ree iss ues th at we need to address . We don't know exactl y how long that will take , but the Public Forum wi ll
start at 7 :00 p .m.
In response toq ue t ions from Cou nc il , C it y Manager Sears said the Stud y Session will start at 6 :00 p.m . and it will
probably take about 45 minute to cover the three issues.
(b) Ci ty Manager Sear we are off o n Memorial Day. the 31 ", so our next replar meeting is June .,._
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Enalewood City Council
May 17,2004
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14 . City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council .
15 . Adjoununmt
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, MAY 17, 2004
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
1 . C~II to order. IJ.!;).. ~
Moment of silence for Tina Esparza, her children, her family and her extended family.
2. Invocation.~
3 . Pledge of Allegiance.~
4 . RollCall. ll~ /~(.«~££)
5. Minutes.
0
tJfttl ~--l)a. Minutes from the Regular City Council meeting of May 3, 2004.~
6. Scheduled Visitors . (Please limit your presentation to ten minutes.)
Jr
7 . Unscheduled Visitors. (Please limit your presentation to five minutes.)
tl. ~YAJ/JI )(R.,1#6.Cl!.-~AJ~'!C. tl1'/t.lTY
8 . Communications, Proclamations, and Appointments.
~a.
A letter from Dorothh A_· ~artin,e~ndicating her resignation from the Englewood Liquor
Licensing Authority.~
~ob. A letter from James M. Johnson indicating his resignation from the Englewood Code
Enforcement Advisory Committee and the Englewood Election Commission. ~
Proclamation declaring June 3, 2004 as Special Olympics Colorado Law Enforcement forch C.
Run Day in Englewood. ~ ' OfJ?'IR-0
/ 9. Public Hearing. (No Public Hearing Scheduled)
~
Pl ease note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-
762 -240 5) at lea st 48 hours in advance of when services are needed . Thank you.
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Englewood City Council Agenda
May 17, 2004
Page 2
10. Consent Agenda .
a. A~I of Ordinances on First Reading .
/_ ~AP. ro I of Ordinances on~ eading. ~-o ~-1,1; " ~ 1. ouncil Bill No. 23, authorizin Intergovernmental Agreement with Arapahoe
ti) J _.ll 17 Community College/Arapahoe-Douglas Career and Technical School to build a
VU{ ~ ~ single family residence at a location to be determined in the vicinity of 2399 W.
t1)#;..? ii.
N~:Z1iii.
Wesley Avenue .
Council Bill No. 24, authorizing the sale of 4673 S. Grant Street, 2357 W . Wesley
Avenue, and 2399 W . Wesley Avenue.
Council Bill No. 25, authorizing a Subordination Agreement between Colorado
Historic Fund Revolving Loan Fund, Colorado Preservation, Inc., and the City of
Englewood for the rehabilitation of the Skerritt Property.
c. Resolutions and Motions.
i. Recommendation from the Information Technology Department to approve, by
motion, a Web Site Services Agreement for web redesign and web infrastructure
-rmprovements. Staff recommends awarding the contract to Vision Internet
/Oln;iit1ii
<r/oe i
roviders, Inc., in the amount of $47,815.00. STAFF SOURCE: Don Ingle, Director
of Information Technology.
11 . Regular Agenda .
a. Approval of Ordinances on First Reading.
b.
i. Council Bill No. 27 -Recommendation from the Utilities Department to adopt a bill
for an ordinance approving Southgate Supplement #156 for inclusion of 5420 S.
Colorado Boulevard into the Southgate ~~tatio!1 DiJtrict ~AFF SOURCE:
Stewart H. Fonda, Director of Utilities~~~
ii. Council Bill No. 28 -Recommendation from the Department of Community
Development to adopt a bill for an emergency ordinance authorizing temporary
suspension of sections of the Englewood Municipal Code pertaining to allowed
hours and days of operation of Farmers Markets in the City of Englew°7~~':.._ _,,.
SOURCE: Robert Siml)IOn, Director of Community De¥elopmenl VII",,--
Apftrdinances on Second Reading.
Please note: If you have a disability and need au><iliary aids or services, please notify the City of Englewood
(303-762-2 405 ) al lea st 48 hours m advance of when services are needed. Thank you .
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Englewood City Council Agenda
, Ma y 1 7, 2004
PageJ
c . Resolutions and Motions.
i. Recommendation from the Department of Parks and Recreation to approve, by
-;otioJ1 a contract for Landscape Maintenance along Santa Fe Drive, Hampden
venue, and Broadway. Staff recommends awarding the bid to the lowest
technically acceptable bidder, Jim's Pride Landscaping & Maintenance, Inc., in the
amount of $55,070.00. STAFF SOURCE: Dave Lee, Manager of Open Sp~
12. General Discussion.
a . Mayor's Choice.
b . Council Members' Choice.
i. Keep Englewood Beautiful GolfTournament
13. City Manager's Report
14. City Attorney's Report
Adjournment Q ;~ r---
The following minutes were tr,msmitted to City Council between April 30 and May 13, 2004:
a Non-Emergency Retirement Board meeting of February 10, 2004
• Off-Leash Task Force meeting of March 30, 2004
• Non-Emergency Retirement Board Special Meeting of March 31 , 2004
• Englewood Public Library Board meetings of March 9 and April 13, 2004
• Englewood Cultural Arts Commission meeting of April 7, 2004
Please note: If you have a disability and need auxili.lry aids o, semces. please notify lhe City cl Englewood
(3 03-762-2405) at least 48 hours in adv.ince cl when semces are needed. Thank
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
May3,2004
I. Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:33 p.m.
2. Invoaitlon
The invocation was given by Council Member Barrentine.
3. Pledse of Allesiance
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, Burentine, Garrett, Bradlhaw,
Wolosyn. Y urchick
None
City Manager Scan
City Aaomcy Bl'OIZJnan
Assislant City Manager Aaherty
City Clerk Ellis
Director Olson. Safety Services
Director Long. Library Services
Housing Ftnance Specialist Ori111111e1t, Community De~t
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 19, M6.
Moti on carried.
Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
Nays: None
6 . Scheduled Vlllton
There were no scheduled visiton.
7. Umcbedllled VWton
(a) Dorothy Martinez said my pn:vious address was 3430 West Tufts Avenue in Enp,wood. , _
before Council tonight, regretfully. to tender my relipalion to the Liquor Alllhority, becauac obvloualy, I bave
moved . I have relocated 10 an area in Golden in Jeffco . I juat wanled to let the Council know that I ha¥C really
enjoyed my past ten and a half years on the Liquor Board . I am aoina to mlu my illllnCtion with the Ctty, die
business owners and the citizem. Technically. I am still a homeowner in Enalewood-My lul dale will be die J-
2nd meeung, but if the Council needs me to stay on until you find a lllitable ~ I am more dum happy IO
do tha t. Thank you .
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(b) Karen Braem, 3821 South Cherokee Street, said I probably have just as many questions as I do
comments. On Friday, Marilyn Lamb of Code Enforcement delivered this paper to our front door and we just
happened to be home. These are some revisions to the Municipal Code with regard to inoperable motor vehicles,
off-road vehicles and trailers . And after talking to her, apparently, we are now in violation. Not only for the vehicle
that we bought as a project car for my son, who does not have a license yet, but it was something to keep him busy
and keep him interested, but, apparently we arc also in violation because of the tag trailers that we have. My
husband owns a business. He has a working trailer. We have a trailer that is kind of just for fun and we have one
that is not currently stored on our property, it is up at Eleven Mile, but occasionally we bring it down to clean it up
or if we are going some place other than Eleven Mile. And if we bring that stuff in, we would be in violation. In
order to not be in violation, we have to have it fully enclosed ... we have to have these things fully enclosed. I have a
question. We know you can put up a six foot fence , but you have to get a variance to put up a fence taller than that.
The trailer is taller than that. It goes up to about the level of the garage . So, in order for me or anybody else in the
City that may have these trailers, do we have to go in front of this Council or Code Enforcement and request a
variance? Or does everybody in Englewood who has a trailer, have to request a variance in order to enclose their
yard and hide their trailer from whoever has decided that trailers are a nuisance to the public? I mean, my yard is
neat and everything is tagged except for this one car. In order to get the car tagged, we have to pay $300.00 a year
to get insurance. because you can't get tags without insurance. So, if I have to get a car tagged that I don't use, it is
going to cost me $300.00 a year . We have been driving around town and noticing how many people have cars that
are under tarps, because that was required in the previous code. That was okay before and now ii is not okay.
People who have the off-road vehicles, the trailers that are storing their motorcycles, their ATV's, and their
snowmobiles ... this is going to cost these people a fortune. And, I think this room is going to be considerably fuller
in the future when they start giving out citations two weeks from now, with the people who are being cited for
having covered vehicles, which was legal and now it is no longer legal . People with trailers have to put up a fence
all the way around their yard . Putting up a fence is expensive. It is going to cost $1 ,500.00 to $4,000.00 depending
on how big your yard is. That is a hell of a burden for some of these people in Englewood. You know a lot of
people live here because it is not Highlands Ranch. We don't want to live with a bunch of people telling us what to
do and how to live and what we are allowed to have in our yards. I understand keeping things neat and clean. I
have no problem with that. I understand it is a safety hazard if someone hu weeds or trash in their yard and I have
no problem with that. But, to tell people they have to spend somewhere betwccn $1,SOO.OO and $4,000.00 in order
to hide their recreational vehicles, I think that is wrong. I think it is putting a huge burden on the citizens of
Englewood, and I am sure there are a lot of them that cannot afford that. And, you arc asking them to give up,
basically, their right to purs ue happiness and happiness is going out and having a blast in the hills on the weekends.
So, I think, the Council seriously needs to take into consideration what they have just put into place here. Like I
said , I have a feeling you are going to have a hell of a lot more people here in the future complaining about this,
because apparently this went into effect April is•. It was delivered to our house on April 306 and according 10
Code Enforcement, they are going to start handing out citations in two weeks. I can almost guarantee there will be a
lot o f peopl e here complaining about these citations and the fact that they have to give up their stuff. Thank you .
Mayor Garrett 1ha11ked Ms. Braem.
8. Communications, Proda-tions and Appolatnwnls
(a) A proc la mati o n ho norin g Selwyn Hewitt as Englewood's Citizen of the Year for 2004 was
cons ide red.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION HONORING SELWYN HEWITr AS ENGLEWOOD'S CITIZEN OF THE YEAR FOR
2004 .
M ayor Garrett asked if there were a ny comments. There were none .
Mayor Garrett said 1 would like to note that we are having a cele bration a week from tonight at 7 o'clock at the
Malley Center to celebrate the Ci t.izc n of the Year.
o t e l'ftlllts:
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Motion carried .
(b)
considered .
Ayes: Council Members Barrentine, Moore , Bradshaw, Garren, Wolosyn,
Yurchick. Tomasso
Nays : None
A proclamation honoring Brian Vogt for his contributions to business and community was
Mayor Garren said Mr . Vogt has now moved on as Governor Owens has asked him to come and join the State. He
did a lot for the citizens of Englewood and those accomplishments are listed in the proclamation. He hu been a big
contributor to the community in the south metro uea.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION HONORING BRIAN VOGT FOR HIS CONTRIBUTIONS TO BU~ AND
COMMUNITY.
Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn.
Yurchick, Tomasso
Nays : None
Motion carried.
(c) A resolution appointing Douglas Cohn to the Englewood Board of Adjustment and Appeals
was considered.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I
(c) • ~LUTION NO. 50, SERIF3 OF 2004.
RESOLtmON NO . SO, SERIES OF 2004
A RESOLtmON APPOINTING OOUGLAS COHN TO 111E·B0ARD OF ADJUSTMENT AND APPEALS FOR
THE CITY OF ENGLEWOOD, COLORADO.
Vote reiiulb:
Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Woloayn.
Yurchick, Tomuao
Nays : None
Motion carried .
Mayor Garrett presented a certificate and City pin to Mr . Cohn. There was applauae.
9 . Publlc Hearina
No public hearing was scheduled before Council.
(a) Approval of Ordinances on First Rcadina
There were no additional items submitted for approval on lint reading . (Set Aaenda Item 11 • Replar Aacnda-)
COUNC IL MEMBER BRADSHAW MOVED, AND IT WAS SECONDm>, TO APPROVE CONSENT
AGENDA ITEMS 10 (b) (I) ud (U) AND 10 (c) (I).
(b) Approval of Ordinances on Second Readin1
(i) ORDINANCE NO . 2S. SERIES OF 2004 (COUNCll. Bll.L NO. 6. INTRODUCED BY
COUNCIL MEMBER BRADSHAW)
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AN ORDINANCE AUTHORIZING AN lNTERGOVERNMENT AL AGREEMENT BETWEEN THE CITY OF
WESTMINSTER , COLORADO AND THE CITY OF ENGLEWOOD, COLORADO FOR AN EXCHANGE OF
THE CITY OF ENGLEWOOD'S ROTOMlLLING SERVICES TO THE CITY OF WESTMINSTER IN RETURN
FOR THE SERVICES OF THE CITY OF WESTMINSTER STREET STRIPING MACHINE .
(ii) ORDINANCE NO . 26 , SERIES OF 2004 (COUNCIL BILL NO . 22, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE APPROVING AND AUTHORIZING TIIE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT FOR THE COLORADO EMERGENCY MANAGEMENT BEI'WEEN TIIE STA TE OF
COLORADO AND THE CITY OF ENGLEWOOD , COLORADO.
(c) Resolutions and Motions
(i) RESOLUTION NO. SI, SERIES OF 2004
A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE SUMMER
"FOOD FOR FINES" PROGRAM FROM MONDAY , MAY 24 THROUGH SUNDAY, JUNE 6, 2004 .
Vote results:
Motion carried.
Ayes : Council Members Barrentine, Moore, Bradshaw, Gam;tt, Wolosyn,
Yurcbick, Tomasso
Nays: None
11 . Regular A1enda
(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 authorizing an Intergovernmental Agreement with
Arapahoe Community College/Ara pahoe-Douglas Career and Technical School to build a single family residence at
2377 West Wesley Avenue . She said this is next year's Student Build Program that should be underway, probably:
in August. This is the continuation of a project that we have been doing for two consecutive years and hopefully
we' II be able to continue on for at least a couple more years beyond this one . This will be on a newly created lot
near Zuni and West Wesley Avenue . So, she said, I ask Council's approval of the ordinance so that we may get
under way with next years Build.
Mayor Garrett asked if there were any questions .
Council Member Bradshaw said it is a great program . It really helps ,~ds build a house . They design it. they build
it. they se ll it and they get High School credit for it. It is a phenomenal program and we arc honored to be involved
with it . She said we do have the Open House. for the one we built thi s year, on Tuesday , May 11 • at 4673 South
Grant. from 4 :00 p.m. to 6 :00 p.m. It is a really nice home with a garage . I just think it is a wonderful program. It
helps the kids be a pan of the communit y.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (i) -COUNCIL BILL NO . 23.
Ma yor Garrett asked if th e re was an y di sc u ion . There was none.
COUNCIL BILL NO . 23. INTRODUCE D BY COUNCJL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZJNG AN INTERGOVERNMENTAL AGREEMENT BETWEEN
ARAPAHOE CO MMUNITY COLLEGE/ARAPAHOE -DOUGLAS CAREER AND TECHNICAL SCHOOL
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AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE
AT A SITE TO BE DETERMINED.
Vote results:
Motion carried .
Ayes:
Nays :
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
None
(ii) Housing Finance Specialist Grimmett presented a recommendation from the Community
Development Department to adopt a bill for an ordinance authorizing the sale of 4673 South Grant Street, 2357
West Wesley Avenue, and 2399 West Wesley Avenue. She said this bill is requesting permission to sell the house
at 4673 South Grant Street, the Student Build that we are just finishing up. Also, we arc having a kind of a house
dedication next Tuesday. We are also requesting, in this bill, that we be allowed to sell the existing two properties
that are on our sites at 2357 West Wesley Avenue and 2399 West Wesley Avenue . Those sites will be sold and then
the funds returned back to the Housing Rehabilitation Fund so that we can continue with the Student Build Project,
as well as support the Housing Rehabilitation Program.
Mayor Garrett asked if there were any questions . There were none .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (U) • COUNCIL BILL NO. 24.
COUNCIL BILL NO . 24, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF THREE HOUSING REHABIUT ATION FUND
PROPERTIES, ON THE OPEN MARKET .
Mayor Garrett asked if there were any questions or comments.
Council Member Yurchick said I do have a question . This isn't perfectly clear in this rcaolution . We are still
retainin~ the lo ts we create behind 2399 West Wesley? Ms. Grimmett said that is correct.
Vote results:
Mo1i on carried .
Ayes :
Nay s :
Council Members Barrentine, Moore , Bradshaw. Garrett, Wolosyn,
Yurchick. Tomasso
None
(iii ) Assis tant City Manager Flaherty presented a recommendation from the City Manager 's
Office 10 ado pt a bill for an ordinance approving a subordination agreement in favor of the Colorado Historic
Foundation Rev olving Loan Fund in order to secure an improvement loan to Colorado Preservation, Inc . for the
Skerrill House. He said th e City purchased the Skerritt House in 1999 with the goal of preserving that structure and
sile as a hi storic site in the City of Englewood . After many trials and tribulations on our part, and good efforts, we
determined that it was in our best interest to sell that property. In November 2002, Council approved an option to
purchase the Skcrriu Ho use with Colorado Preservation. Inc . (CPI). In April of 2003, CPI exercised that option at
which time 1i1le wa s formally transferred, based on the terms of the option agreement, includin& payment of
$60,000 .00. as well as a number of restrictions on the propeny. A buy -back clause was included in the conlract,
which indicated that ,f the propeny was not restored , and done so in a timely fuhion, or if it was not malnlained, the
Ci ty could repurchase the pro pen y at the sale price . CPI has been succeuful in securina a gran1 for $197,000.00
from the Colorado Hi sto ri cal Fund . They also arc in the process of receiving I loan from the Historical Fund
Revolvi ng Loan Foundation for another $197.000.00 to complete the stabilization and rehabiliw.ion of the property .
However, pnor to being able to close on that loan . the Foundation is requcstina securi ty in the form or. buically. the
City stepping back from its right to repurchase the property. so that they wouJd have protection for their $197,000.00
loan . In exc hange. what the Cuy has asked for, and it has been granied in this apecrnent, is a hillorical eue-
naming the Cu of Englewood as a holder of that easement. The historical easement is one Iha& would require !hat
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the property be maintained and the building be maintained with its historic character. Also, that general
maintenance be performed on a regular basis and also, as an easement holder, the City would have the right to
inspect the facility on an ann~l basis. If the facility was not kept in a manner that was acceptable to the City, we
could enforce the easement at that time. The rehabilitation is underway. The Colorado Preservation has a
contractor. They have not exhausted their grant money yet, but they will soon. They found a number of additional
problems with the foundation that they had not anticipated, but in the next several weeks they will be in need of
securing the loan to complete the rehabilitation. That rehabilitation will include stabilization of the foundation,
exterior rehabilitation including new doors and windows, a new roof, interior mechanical systems and a rough
finish . There will also be funds remaining that a third-party buyer, which has yet to be identified, will be able to
utilize for interior finishes.· It is still likely that that third-party buyer will have to spend additional money for
interior finishes, but there will be an allowance that remains available out of that S 197 ,000 .00 for the third-party
purchaser to utilize for the interior finish. The planned completion date ... our contract requires that CPI be done
with the project by no lat.er than December 31, 2005 . Currently, their plans are, with the receipt of the grant and the
loan proceeds, that they would be completed by December of 2005 ... with the work they would do and pending
having a third-party buyer on board, to be competed with the entire project by no lat.er than June of 2005. In terms
o f painting, which has been a concern of this Council, that will be one of the first it.ems of restoration, aft.er the
exterior stabilization is completed and should be completed by June 1s• of this year. He asked if there were any
questions.
Council Member Yurchick said wc arc just giving up our right to repurchase, is that all? Mr. Flaherty said yes, wc
are giving up our right to repurchase. Mr. Yurchick said we don't have any money 6n the loan? Mr. Flaherty said
we have no money on the loan .
Council Member Bradshaw asked if we have recouped our costs . Mr. Flaherty said we have recouped our costs with
the combination of the insurance proceeds from the water damage and the $60,000.00 that were received in the
purchase.
Mayor Garrett asked if there were any other questions for Mr . Flaherty. There were none.
COUNCIL MEMBER WOWSYN MOVFJ>, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (W) -COUNCIL BILL NO. 25.
COUNCil. BILL NO. 25 , INTRODUCED BY COUNCil. MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZ!NG A SUBORDINATION AGREEMENT BETWEEN
COLORADO HISTORIC FUND REVOLVING LOAN FUND, COLORADO PRESERVATION, INC. AND THE
CITY OF ENGLEWOOD, C OLORADO FOR THE REHABILITATION OF THE SKERRITT PROPERTY.
Mayor Garrett asked if there was any discussio n. There was none .
Vot e results:
Ayes:
Nays:
Motion carried.
Council Members Barrenti ne, Moore, Bradsha w, Garrett. Wolosyn.
Y urc hick, Tomasso
None
(b) A p proval of Ordi nances o n Second Reading
(i) Counci l Bill No. 18 . approving. as amended . an lntcrgo vcmmen&al Apecmcn1 with the
Regional Transportation Di strict for landscaping requirements at RTD Elali Mai ntenance Facility was considered.
Mayor Garren said o ne o f the recommendations is that we table this counc il b ill until some fulure date and brina it
back.
CO UNC IL MEMBER YURCHI C K MOVED, AND IT WAS SECONDED, TO TAIL£ AGENDA ITEM 11
(b) (I) -CO UN CIL BILL NO. 11.
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COUNCIL BILL NO. 18, lNTRODUCED BY COUNCIL MEMBER MOORE
0
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT "SUBSTANTIVE TERMS
OF THE EL.AT! LANDSCAPE AGREEMENT" BETWEEN THE REGIONAL TRANSPORTATION DISTRICT
(RTD) AND THE CITY OF ENGLEWOOD, COLORADO.
Mayor Garrett asked if there was any discussion. There was none.
Vote results:
Ayes:
Nays:
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
None
Motion carried and Council Bill No. 18 was tabled .
(c) Resolutions and Motions
There were no additional resolutions or motions submitted for approval. (See Agenda I1em 10 -Consent Agenda.)
12 . GeRral Discussion
(a) Mayor's Choice
(i) Mayor Garrett said wc have a proclamation declaring the month of May as MS
Awareness Month. As wc all know, one of the Rocky Mountain MS facilities located here in En&lewood provides a
service for those people who suffer from that disease .
COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING THE MONTH OF MAY AS MS AWA~ MON'111.
Mayor Garren asked if there was any discussion. There was none.
Vote results:
M o ti on carried.
Ayes:
Nays:
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn.
Yurchick, Tomasso
None
(ii) Mayor Garrett said I would like to make sure that Council is aware that Mays•, this
Saturday at 10 o'clock, we arc having festivities at Pirale's Cove. We have some invilec$, approximately 300 or so
of o ur closest friends . As I understand the process, it will be fairly informal. They will DOI really have a big tour,
because we figure it will be like herding cats. There will be mini tours with people swioncd to help answer
questions .. .i t will be sort of an open house for surrounding communities to come and look at ow-new water park .
(b) Council Members' Choice
(i) Council Member Barrentine:
I . She said I wanled to thank Don Moseley with the HOiiie of Hope for pvina -a IOUr on Friday . I'm
invo lved with some non-profit organizations and I am very impressed with lhe service Iha& they off• tllll
community. not o nly in the appearance and their cooperation with the community, but !heir illlenClion with odler
agencies. That is what makes them very effective, as well as the participation in the ~ty a.ad~ tbal
have been made . I saw the library that Michael Munds put toactber. I was very impreued with._ ol the lhiap
that the communit y is contributing as well . They have dc'l'Clopcd some rcally aood ~la«ioethpe TIiey spoke very
hi ghl y of Jano;;t Grimmett and their ability to work with the City. I was very unpressed widl dllt.
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2. She said I wantc,d to thank Ken Ross for his continued follow-ups on the traffic concerns that were brought
to his attention .
(ii) Council Member Moore said I don't know if you all had a chance to sec the March 10•
minutes of the Board of Adjustment and Appeals meeting . I need to visit with the Board of Adjustment and Appeals
as they apparently did not like my inquiry into how variances are granted. So I would like to try to clarify my view
of things . The question for Council is ... is that something Council would prefer to panicipalC in and perhaps invilC
the Chair back to Council? I would be happy to attend a Board meeting and present my opinion on my own . I will
plan on atlending the Board meeting, unless there is a preference to have it brought to Council. Thank you.
(iii) Council Member Bradshaw :
I . She said on Saturday, May 15• the South Suburban Park Foundation, not the DiSlrict, will celebralC its 25•
Birthday Party. We are the people who built the bike trail from Denver to Chatfield and some people think it just
appeared. It has been 25 years in the making. Now we are working on a crusher ftnc trail that parallels that. to go
back down, to separate bicycles and walkers, because there seems to be some issues on that. Anyway, that is at
I 0 :00 a.m . to Noon at the Platte River Trail. It will be south of Union and there is a Family Fitness Walk at 9:00
a.m. There arc nature programs and the Littleton Community Band. We arc trying to get the Strings from
Englewood to come down . Hopefully, that will happen . There will be retieshments, face painting, bike decorating
and I guess we don't have a raffle, but we do have door prizes and we do have a handmade cedar hope chest. but it is
not a raffle . Please join us, she said.
2 . She said I notice we have three boy scouts in the audience .
[Clerk's note : The trOOp leader spoke from the audience . She indicated they wac working on a badge requirement
by attending this Council meeting. Most of the comments were inaudible.)
Ms. Bradshaw said thanks for coming. I want to invilC you all to show up on May 24J6 when we open up OW' WIiier
park at Belleview and Windcrrncre . I don't know if any of you have waichcd it being boi l , s c said. but it is
awesome . So circle the 29• and show up .
(iv) Council Member Tomasso :
I. He said you have all received the Historic Littleton Inc. and Englewood Historical Society invitation. This
is Preservation Month . There will be a dinner at Hudson Gardens honoring Eugene Sternberg who did the
preliminary des ign of Arapahoe Acres , the Englewood School Board building, Heritage High and Arapahoe
Community Co ll ege. He is 89 right now .
2 . He said fo r those of yo u into eating, my daughter is selling Major Savers Cards for the Englewood
Educa tion Fo undation and S I 0 .00 buys you about $70.00 worth of food .
(v) Co unc il Member Yurchick said the only thing I wantt.d to talk about was the S6d.OOO.OO
to fund th ose three position . I've got mixed emotions about that . Half of me says don't do it, but the other half
say s fund it because. if we have to replace them. we ha ve already invested a IOI of money in trairting . And, in the
o verall sc heme of th ings. $60.000.00 isn 't that much , but the ocher side of me says. well if Chris really wanled these
people, he would come up with $60,000.00. So. I am kind of in the middle on that one . I jUSl wanled to sec where
the rest of Council was .
Council Member Barrent ine said I have to be just as concerned aboul the $187,000.00 that won't be there next year .
We have continued to fund these people and have gi~n them four layoff dales. I mean. unleu we llllicipue that the
SI 7,000.00 will be there next year f~ posi tions that he already has dccidc,d lhat he is noc budacti .. foc . lhen 1 tlunk
11 wo uld be inappropriate to continue having them hang o n .
1ayor Garrcu led 1f there -..1 an d USSIOD.
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Council Member Bradshaw said I can see both sides. It is a tough call. I know two of those people personally and
that is an equally tough call. The budget looks better right now, but we have a lot of unknowns and I am going to
have to agree with Lauren. I think it is cruel and unusual punishment for those people.
Council Member Barrentine said I am the liaison for the Code Enforcement Board and I have seen, subsequently,
one of those employees who has been on this roller coaster. At the meetings they talk about this person with the
anticipation that that employee will not be there. I mean the first time it happens, it is one thi11g, but the third and
then fourth time you arc given a layoff date, you don't exist any more. I mean, your opportunities arc kind of gone.
I participated in that, I don't blame Chris. He came to the table with his budget. I think it is a difficult thing to do
and I am just heartsick about it, but I have to go with his decision on his budget.
Council Member Wolosyn said I would agree. We made that decision to carry it through until May, based on the
fact that we were all optimistic that our sales tax revenue would increase to an amount that we would feel
comfortable, because as Chris said, carrying it on through this year, it is virtually sayi ng yes to next year also.
Unfortunately, that condition hasn't manifested itself.
Council Member Tomasso said I am of the opinion that it is Chris' decision and it is basically up to him what he
wants todo.
Council Member Yurchick said that answers my question.
(vi) Council Member Wolosyn:
I . She said I did attend the kick off for FasTracks yesterday afternoon. It was an hour long. It was short and
effective. They had a surprisingly robust tum out and it sort of makes you realize that you are a part of this. All the
communities around here participated in this and we all have something to gain if it passes . I hope it does.
2. She said in last weeks packet, the one where we had the public meeting, there was a letter from the County
to the City saying that they wanted us to collect the open space increment and then remit it to them. Was that in the
game al the beginning? Docs that have an administration amount? I'm just wondering, is there a discussion going
on, is there an administration fee?
Council Member Bradshaw said you know what we did at the Foundation? Maybe we should do this to the County.
We take 10%. Mayor Garrett said for an administrative charge. Ms. Bradshaw said yes.
Council Member Bradshaw said except for cities, we only take I% of the money the cities donate for administrative.
And I just think we need to revisit that with the County, if they arc wanting us to do their work for them
Council Member Wolosyn said I was surprised. It seemed when we talked to Susan al various Tri-Cities meetings,
they were talking abut coming up with a system and we would all be kept in the conversation and then all of a
sudden it seemed like it was a done deal. She said this is just a concern.
Council Member Yurchick said like our RTD tax ... do we gel a fee when we collect RTD tax and remit it? Can we
charge them 10%?
City Manager Scars said we can have Jerrell come back. Just like we collect our own sales and use tax, because we
don 't believe the State can do as good a job in doing that, the County is basically saying, you know who your
customers arc. you can do a better job and we don't want to get into a fight with you over what that amount is. So,
they arc saying. you go ahead and do that. Collect it and put in the pot ... our percentage. Whal I have beard, he
said. is that a lot of other cities also share Council's concern. I don't know exactly where they are in terms of
recommending this, but I would like to bring this back to the Council, with Jerrell, and we can take a look II it.
Council Member Wolosyn said I appreciate what you arc saying about all the different contexts.
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Englewood City Council
May 3,2004
Page 10
City Manager Sears said it was a surprise. They were trying IO put IOgether their formula and that is why they are
taking so long in doing it, which is a concern, because that money is not coming back IO us. But, there is a pretty big
rip on Horne Rule cities, because the State doesn't care, the State doesn't get in there and do the work that the City
does when we have that happen.
Council Member Wolosyn said what about the first part of the year, do they give us that in a timely manner. She
said, I mean IO begin collecting it. Mr . Sears said I think the picture is getting clearer and I think we just need IO
give Jcm:11 and actually, perhaps have a representative of their Board here. Their Board is making these types of
determinations and we need to get that Board here IO say, 'this is our Plan', so we can react IO it, because I think it is
still really circumspect as IO exactly what is going IO occur.
Council Member Bradshaw said ii just looks bad for government. Here we said yes we want open space, yes we
want to do this and now everybody says ... you collect it. Corne on, if you start something, )'OU finilh it and that is
what I have a problem with, with the County. II was their baby and now they are dropping it in our laps again.
13. City Manqer's Report
(a) City Manager Sears said we are in the middle of our audit. We will probably be having our
audilOrs attend the first meeting in June. They will actually come IO the Council and I think with where we are, that
will be very helpful, in terms of some of the information that Council can take a look al IO determine where we go
from here . They are taking a look at that and will be coming back.
(b) City Manager Sears said I am involved with the Rowy Exchange Group with an East African
group of young professionals ... attorneys. doclOrs, World Bank ... and they are going IO be visiting the City on the
11 • IO talk IO different departments. I just wanled IO let the Council know you are invited tn mee1 wilh them if you
would like IO participate.
Council Member Bradshaw said they are going to be here? Mr . Sean aaid ya, they are aoina to be here. Ms.
Bradshaw asked how long they would be here. Mr. Sean said they are aoina to be here durina that mornina and in
the afternoon and then they will actually be in the County for the followin1 two days. Ma. Bradshaw uid so they
could be here Thursday afternoon? Mr. Sean said they would like IO have some apecific time with the aaomey,
possibly with the judge. with the school district and al Swedish. If you are inu:rested, come by and -them. Ms .
Bradshaw said we would need a time. Mr. Sears said we are going to meet al 9:00 a.m. with the staff and we would
love to have you here al 9:00 a.m. We will be taking a tour about 9:•~ Lm., but if you could be here at 9 o'clock
1ha1 morning. ii would be wonderful .
14 . City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council.
15 . Adjournment
MAYOR GARRETI MOVED TO ADJOURN. The meeting adjourned al 8 : 10 p.m .
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PLEASE PRINT
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
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DATE: MAY 17, 2004
=~ .... .M=E ___ __,AD=P:.:.BmE;a;;SS __________ ..,:c_,;;:11111:f::
C-n,ctit"e. :1,-, po \tt~
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May 3, 2004
Englewood City Council
City ofEnglewood
Englewood Civic Center
1000 Englewood Parlcway
Englewood, CO 80110
Dear Council Members :
This letter will serve as my official resignation from the City of Englewood Liquor
Licensing Authority. l lDlllt resign since I am relocating to the Golden area in Jeffenon
County and will no longer be a resident of the City ofEnglewood .
I have thoroughly enjoyed serving on the Board for the put 10 'h years and will miss the
interaction with the City, its business owners, and citmms .
As of this date, I un still a homeowner in the City and plan to aerve on the Liquor Board
through the June 2, 2004 meeting. If need be, I am willina to aerve on the Board until a
suitable replacement bas been appointed .
Again, it bas been a pleasure ~ng with the City and I will miu all of you .
Sincerely,
£.~~~
Member, City of Englewood Liquor Licensing Authority
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City ofEnglewood
l 000 W Englewood Pkwy
Englewood CO 80110
(303) 762-2300
James Johnson
3445 S Downing St #308
Englewood CO 80113
(720) 364-8634
May l, 2004
Dear Mayor Garrett and members of the City Council,
I regret to inform you that I have decided to resign my appointments with the City
of Englewood as I will be moving by the end of May. I am deeply grateful for the
opportunity you have been allowed to serve on the Election Commission and the Code
Enforcement Advisory Committee. It was most definitely a learning experience and
again, I am supremely grateful.
Unfortunately, I have many personal reasons why I can no longer stay in
Englewood, or even in Denver for that matter. And I have made the difficult choice to
give up all that I have worked for in the last year and a half in favor of looking our for my
best interests and future wet I being.
However, realize that I continue to hold the City of Englewood in high regard. I
am certain that this fine city will continue to grow and revive . It is my hope that in spite
of redevelopments and urban renewal, that Englewood continues to maintain its distinct
character as a small town inside the big city, which is what originally attracted me to yo\D'
city .
I hope for the best for all citizens and employees of Englewood, and I will miss
everyone who I've had the opportunity to work and speak with in this last year.
Sincerely and Respec~ly_~ubmitted,
/ . . /--: -c:.:---
James M. Johmon
Vice Chair, Code Enforcement Adviso~ittee
Member, Election Commission
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PROCLAMATION
WHEREAS, local law enforcement agencies throughout Colorado have joined
forces to raise funds for Special Olympics Colorado; and
WHEREAS, law enforcement agencies across the state have gathered together to
carry the Special Olympics' Flame of Hope on a journey to Special Olympics Summer
Games Competition this June in Greeley, Colorado; and
WHEREAS , local law enforcement has been committed to this effort since 1961
and the event has become known as the Law Enforcement Torch Run for Special
Olympics Colorado; and
WHEREAS , Englewood's Department of Safety Services is supporting the Special
Oly mpics by dedicating officers to carry the Special Olympics Flame of Hope Torch on
June 3, 2004; and
WHEREAS , law enforcement agencies throughout the State, in conjunction with
our local law enforcement efforts, have raised over $450,000 for Colorado Special
Olympics athletes ;
NOW, THEREFORE , we, the City Council of the City of Englewood, Colorado
hereby take grea t pride in proclaiming
Thursday, June 3, 2004 as
Speci al Oly mpics Colorado Law Enforcement Torch Run Day
in the City of En glewood, Colorado
ADOPTED AND APPROVED this 17'h day of May, 2004.
D o uglas Garrett May or
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ORQINANCE MO.
SERIES OF 2004 --
BY AUTHORITY
COUNCIL BILL NO . 23
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN ARAPAHOE COMMUNITY COLLEGE/ARAPAHOE-DOUGLAS
CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD
PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT A
SITE TO BE DETERMINED.
WHEREAS, the City Council of the City of Englewood has committed to reviewing
options for housing and developing a strategy to enhance diverse housing options in the
community; and
WHEREAS, the City of Englewood became involved with Arapahoe Community
College Arapahoe-Douglas Career and Technical School (ACTS) during l 985 when the
principal of Colorado's Finest Alternative High School contacted the City for
assistance in expanding the building trades program; and
WHEREAS, the ACTS program was able to offer a two year Comprehensive
Building Trades program for high school students and adults to have a "hands-on"
experience in building a home from the ground up throughout the school year; and
WHEREAS, City will act in the role of the developer by providing construction
funds from the Housing Rehabilitation Fund and a site contractor will be hired to
coordinate the day-to-day building activities with the ACTS instructor and students; and
WHEREAS, the site, with house, will be sold after completion of the project and the
proceeds will be returned to the Housing Rehabilitation Fund;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section ) . The City Council of the City of Englewood, Colorado hereby
authorizes the Intergovernmental Agreement entitled "Agreement" between
Arapahoe Community College/Arapahoe-Douglas C~cr and Technical School and
the City of Englewood, a copy of which is marked as "Exhibit A" and attached
hereto .
Section 2. The Mayor and _\he City Clerk arc hereby authorized to sign and attest
said Intergovernmental Agreement on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 3rd day of May 2004.
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Published as a Bill for an Ordinance on the 7th day of May, 2004.
Read by title and passed on final reading on the 17th day of May , 2004.
Published by title as Ordinance No. _, Series of 2004, on the 21st day of May,
2004.
Douglas Garrett, Mayor
ATTEST:
Loucrishia A . Ellis, City Cleric
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.
Loucrishia A. Ellis
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AGREEMENT
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This Agreement, made this __ day of 2004, is between the
CITY OF ENGLEWOOD, COLORADO (the City), and the ARAPAHOE COMMUNITY
COLLEGE/ARAPAHOE-DOUGLAS CAREER AND TECHNICAL SCHOOL (ACC/ACTS) of
5900 South Santa Fe Drive-#AD 427, P. 0 . Box 9002, Littleton, Colorado 80160-9002 .
WHEREAS, the City desires to assist the students in the ACC/ACTS program to gain
experience for their Comprehensive Building Trades ACTS classes; and
WHEREAS, ACC/ ACTS desires to provide practical on-the-job experience to Student
Laborers regularly enrolled in its Comprehensive Building Trades classes;
NOW, THEREFORE, in consideration of the mutual promises made herein the parties
agree as follows :
ARTICLE I -DUTIES
A. ACC/ACTS :
l. ACC/ ACTS shall provide student laborers to perform construction jobs related to
the construction of a dwelling located at a site to be determined (the "Project"),
according to the plans and specifications to be provided by the City. ACC/ACTS
shall provide work crews in separate classes.
2. ACC/ACTS shall instruct the Student Laborers in the construction trades' skills.
which they will need in order to perform their tasks in the construction of the
dwelling. ACC/ACTS makes no representations that the Student Laborers will be
skilled in the taSks they are asked to perform by the City . (See attached Task List
outlining responsibilities of the City and ACC/ACTS .
3. ACC/ACTS shall make available at the construction site for use by the Student
Laborers in construction of the dwelling, hand and power tools, except those
mentioned in Article 1-B . 3, as ACC/ACTS shall deem adequate in quality and
quantity. To the extent that other equipment is needed for the Project and is
available without cost to ACC/ACTS, ACC/ACTS shall provide the equipment . All
other equipment shall be the responsibility of the City .
4 . Transportation will be the responsibility of the student la borers and/or school
districts where applicable and provided.
B . THE CITY :
l. The City shall manage and supervise the construction Project. The City shall
obtain all permits. licenses. inspections and certificates, blueprints and utilities
(te mporary service).
.., The City shall pay the .:os ts of all materials used on the Project. for all
sub co ntr:ictors other than ACC.'ACTS and all other costs associated with the
Proiect, except tho se which are to be paid by ACC'ACTS as &et forth in this
Agreement.
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3. The City shall provide each Student Laborer with the following tools or acceptable
substitute: Tool Belt -Atchison A427-SP, Framing Hammer Stanley -SI649, Tape
Measure -25' 33-425, Safety glasses UVEX S 129, Combination Square Stanley
46222, Chalk Line -Stanley 47-05 I , Utility Knife --Stanley 10-299, Hard Hat-
OSHA approved. The City shall not be responsible for the replacement of any
tools, which are lost or stolen. If the Student Laborer completes the course, be or
she shall be allowed to keep any of the tools remaining in bis or her possession .
4. The City shall contribute $30 .00 per Student Laborer toward the cost of jackets for
each Student Laborer.
5 . The City shall have the right to object to the involvement or prevent the future
involvement of any Student Laborer in the Project for failure to adhere to
instructions of the City or its agents, violation of safety rules, and conduct which
may be harmful to the City, any of its officers, directors, agents or invitees or to
any other Student Laborer, or conduct which would constitute a misdemeanor or
felony . Every effort will be made to see completion of the Project within one
school year.
6. The City shall require that subcontractors, other than ACC /ACTS, shall take
reasonable time to explain the work they are performing. It is expressly agreed
that these explanations are merely incidental to the work to be performed by such
subcontractors and are to intertere :is little :is practicable with the subcontractors'
other duties.
ARTICLE JI -LIABILITY
A. ACC/ACTS through the Consortium Districts shall maintain, at the District Member's
sole cost, adequate Workers' Compensation Insurance coverage for the Student
Laborers , during all times during which Student Laborers are working on the Project .
ACTS Consortium Districts shall provide evidence of insurance upon the expiration and
renewal of any term of insurance or upon any change in Workers' Compensation
Insurance coverage 10 ACTS Consortium Districts.
B. The City will not hold ACC.' ACTS responsible for products and completion insurance
coverage.
C . The City shall maintain liability coverage for the Project.
D. ACC!ACTS shall provide an acceptable waiver of liability for each Student Laborer.
E . All personal property belonging ACC/ACTS or the Student Laborers that is in or on the
ProJcct ;hall be there at the risk of A.CC/ACTS . The City, its agents. directors or
em ployees shall not be liable for aoy damage thereto. unless such damage was caused
directly by the City, its agents, directors or employees . The City shall not be
responsib le for providing secunty for a personal ;,ropeny let\ on the JOb si te by
ACCl ACTS o r the Student Laborers .
ARTICLE m -TER'.I.U, ATION
A . Enher party m . temun:ue this Agreement at any ume upon 30 Ja. s wntten nonce
m:u led r el1\ered to the ddress ·ct timh ;ibove The l)MtlCS ;ill?" tlw prlO r to
1crm10auon o i 1h1 Agreement • th1 pro1,1 100 . the p;imcs stwl meet or mcmpt to
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meet to resolve any dispute. Either party may, for any reason whatsoever, terminate
this Agreement after any such meeting or attempted meeting pursuant to this
provision. Neither party shall be liable to the other for any actual or perceived lack of
good faith in attempting to resolve any dispute in accordance with this provision.
B. In the event of termination, the parties shall have no funher obligation whatever under
this Agreement and the Student Laborers may keep any tool belts and tools, which have
been, supplied them.
C. This Agreement may also be terminated if an acceptable site is not provided by the
City by a date mutually acceptable to the parties.
ARTICLE IV -EQUAL OPPORTIJNITY
ACC/ ACTS shall adhere to all federal, state and local statutes, ordinances and regulations
including, but not limited to, equal opportunities and civil rights laws.
ARTICLE V -WANER
No waiver of any provision of this Agreement shall be construed to be a waiver of any
subsequent breach of the same or any other provision of this Agreement.
ARTICLE VI -INTEGRATION
Any and all prior agreements between the parties hereto with respect to the subject matter of
this Agreement are hereby canceled and terminated. No amendmcncs to thi! Apecmcnt shall
be made other than by a written amendment signed by all the parties.
ARTICLE YJI -ATTORNEYS' FEES
In the event of any action or proceeding brought by either party against the other under this
Agreement the prevailing party shall be entitled to recover all expenses incurred therefore,
including but not limited to, reasonable attorneys' fees .
ARTICLE YJII GOVERNING LAW
This Agreement is made and entered into in the State of Colorado, and shall in all ways be
governed and construed by the law of such State .
ARTICLE IX -INDEXING
All indexing set forth in the margin of this Agreement arc intended for convenience only and
shall not control or affect the meaning, construction or effect of this Agreement or of any
of the provisions thereof.
ARTICLE X -SEVERABILJTY
If m y prov ision o f this Agreement is adjudicated invalid or a1:iinst public policy for any
reason by a court of competent j urisdicuon, it is specifically uuended dual each and every
provision not so invalidated shall remain in full force and e ffect.
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ARTICLE XI HEIRS SUCCESSORS AND ASSIGNS
This Agreement shall inure to the benefit of and constitute a binding obligation upon the
contracting panics and their respective heirs, succcsson and assigns .
ARAPAHOE COMMUNITY COLLEGE/
ARAPAHOE/DOUGLAS CAREER AND
TECHNICAL SCHOOL
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By: -C-aro..i.~-=-1~""'B..i.n..,._cn..:.;,..,A""CT"'--'-S.;._D_irec_to_r ____ _
ARAPAHOE COMMUNITY COLLEGE
ARAPAHOE COMMUNITY COLLEGE
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~herylTra
Vice President of Administrative Services
CITY OF ENGLEWOOD
By : ----------------Douglas Garren. Mayor
ATTEST :
Loucnsh1a :\. Ellis . City Clerk
Date :-----
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CITY OF ENGLEWOOD
Temp Service set
All legals and land permits
Contractor License to Excavation
Foundation
Underground Plumbing
Truss order
Exterior (siding)
Gutters
Garage OH door
HVAC
Rough plumbing
Rough electrical
Insulation
Drywall finish/texture
Painting interior & exterior
Ceramic tile
Concrete drive/walk
Cabinets & tops
. Finish plumbing
Finish electrical
Floor coverings
Sprinklers/landscape
Provide a boom truck if needed
TASKLIST*
ACC/ACTS CAREER AND
TECHNICAL SCHOOL
Back brace foundation
Floor framing'subtloor
Wall framing/Sheathing
Roof Truss/Stick build
Roof sheathing dry in
Shingles (3 tab)
Window/E:tterior doors
Hang drywall
All Interior doors
Closet shelves
Case Base trim
Window sills
Medicine cabinets
Towel bars & T.P .
Hardware
Set appliances (no built in oven)
This wk lis t can be adjusted by mutual agreement of the ('.?) parties should scheduling
require an adjustment
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ORDIN4.NCE NO.
SERIES OF 2004
BY AUTHORITY
COUNCIL BILL NO. 24
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING THE SALE OF THREE HOUSING
REHABILITATION FUND PROPERTIES, ON THE OPEN MARKET .
WHEREAS, the Englewood City Council approved acquiring 2357 West Wesley
Avenue and 2399 West Wesley Avenue by the passage of Ordinances No. 82 and No.
83, Series 2000 with the goal of developing and selling the properties after the
resubdivision of 2399 West Wesley Avenue; and
WHEREAS, the Englewood City Council approved acquiring 4673 South Grant
Street by the passage of Ordinance No. 63, Series 2003, as a designated site to build a
single family residence in partnership with the Arapahoe Community College/A VS
Career and Technical School; and
WHEREAS , 4673 South Grant Street is nearing completion of construction and is
ready for sale; and
WHEREAS, these three developed properties arc ready to be sold to private parties
who will secure their own financing, thereby replacing the City funds used and returning
the funds to the Housing Rehabilitation Fund;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I. Approval is hereby given for the sale of three properties, which were
developed by the Housing Rehabilitation Fund. Said properties will be sold to private
parties who shall secure their own financing and the City funds, which were used to
purchase and develop said properties , shall be returned to the Housing Rehabilitation
Fund .
· Section 2. The properties to be sold are :
I . 4673 South Grant Street
2 . 2357 West Wesley Avenue
3 . 2399 West Wesley Avenue
Section 3. The approval for sale of these properties shall not apply to City of
Englewood employees; their spouses or children ; or any business in which the City
employee has a financial interest . A proposed sale to any of these parties must be
brought before City Council for approval .
Section 4 . The Mayor and the City Clerk arc authorized 10 sign and attest all papers
ne e sary 10 com plete the sale of these properties pursuant 10 Section 71 of the
Englewood Ci ty Charter.
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Introduced, read in full , and passed on first reading on the 3rd day of May, 2004.
Published as a Bill for an Ordinance on the 7th day of May, 2004.
Read by title and passed on final reading on the 17th day of May, 2004.
Published by title as Ordinan.ce No. __, Series of 2004, on the 21st day of May, 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 the Ordinance passed on final
reading and published by title as Ordinance No. _, Series of 2004.
Loucrisbia A. Ellis
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ORDINANCE NO.
SERIES OF 2004
BY AUTHORITY
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COUNCIL BILL NO. 25
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE AUTHORIZING A SUBORDINATION AGREEMENT
BETWEEN COLORADO HISTORIC FUND REVOL YING LOAN FUND,
COLORADO PRESERVATION, INC . AND THE CITY OF ENGLEWOOD,
COLORADO FOR THE REHABILITATION OF THE SKERRITT PROPERTY.
WHEREAS, Colorado Preservation, Inc . (CPI) has acquired the Skerritt Property
from the City of Englewood for the purpose of completing renovation and rehabilitation
of improvements, consistent with the historic character of the Property; and
WHEREAS, the Colorado State Historical Grant is insufficient to pay all of the
required costs of rehabilitation of the Skerritt Property required; and
WHEREAS, CPI applied for and has been awarded a grant from the Colorado Historic
Foundation Revolving Loan Fund (CHF) for the rehabilitation of the Skerritt Property;
and
WHERAS, CPI and the City of Englewood have agreed to enter into a Subordination
Agreement with CHF Revolving Loan Fund to induce the CHF in making the loan;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
· Scctjon ) . The Subordination Agreement between the CHF Revolving Loan fund,
the Colorado Preservation, Inc. and the City of Englewood, Colorado for the funding
to stabilize the structure, rehabilitate the exterior and prepare the interior for
adaptive reuse by the future owner of the Skerritt Property, attached hereto as
Exhibit A, is hereby accepted and approved the Englewood City Council.
Sectjon 2. 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 3rd day of May, 2004 .
Published as a Bill for an Ordinance on the 7th day of May, 2004.
Read by title and passed on final reading on the 17th day of May, 2004.
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Published by title as Ordinance No. _, Series of 2004, on the 21st day of May,
2004 .
Douglas Garrett, Mayor
ATTEST:
Loucrisbia 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.
Loucrishia A. Ellis
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SUBORDINATION AGREEMENT
This SUBORDlNATION AGREEMENT (this "Subordination Agreement") is made this_
day of 2004, by City of Englewood, a Colorado Home Rule Municipal Corporation
("Englewood"), Colorado Preservation. Inc., a Colorado Non-Profit Corporation ("CPI"), and
Colorado Historical Foundation Revolving Loan Fund, a Colorado Non-Profit Corporation ("CHF")
(CPI, Englewood, and CHF collectively, the "Parties").
BACKGROUNDCIRCUUYTANCE.S
A. CPI bas acquired from Englewood a parcel of real property located in Arapahoe County,
Colorado, together with the improvements located thereon (the "Property''), more particularly
descn'bed as follows:
Lots 14 through 17, inclusive, Block 6
Skerrin's Addition to Englewood, Third Filing .
B. The Property is historically significant for a variety of reasons, including the fact that it was
the residence of the founder of the City of Englewood. CPI acquired the Property for the purpose of
completing renovation and rehabilitation of the improvements, consistent with the historic character
of the Property.
C. The terms and conditions under which CPI acquired the Property are set forth in a Special
Warranty Deed dated April l. 2003 (the .. Deed"). The Deed imposes conditions on CPI as the
Grantee of the Deed. The conditions require CPI to complete certain rehabilitation steps by
deadlines set forth in the Deed. The Deed further provides an option to repurchase the Property in
favor of Englewood. as Grantor, if the conditions are not met by the scheduled deadlines.
D. CPl applied for and has been awarded a grant from the Colorado State Historical Fund to pay
the costs of rehabilitation of the Property. However, the amount of the SHF grants is insufficient to
pay all of the required costs of rehabilitation of the Property required under the
Deed .
E. CPl applied tor a loan from CHF for the purpose of funding the balance of the anticipated
costs of rehabilitating the Property. CHF has approved CPl's loan request, subject to subordination
of Englewood's rights under the Deed to a lien to be granted by CPI to secure the CPI loan, in the
amount of One Hundred Ninety-Seven Thousand Three Hundred Dollars ($197 ,300).
F. In order to induce CHF to make the referenced loan to CPl pursuant to the Loan
Agreement , CPl and Englewood have agreed to enter into this Subordination A&J'eement with CHF .
Englewood ~shes to fulfill the condition to the Loan descn'bed above by subordinating its interests
and rights as provided herein.
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COVENANTS
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
1. Definitions. The following terms shall have the following IDC8nings:
1.1 CHF Loan. All principal, interest, recs, costs, enforcement expenses (including legal
fees and disbursements), collateral protection expenses and other reimbursement or indemnity
obligations evidencing the loan by CHF to CPI to be secured by the Property, or created in
connection with the commitment by CHF to loan funds to CPI in the amount of One Hundred
Ninety-Seven Thousand Three Hundred Dollars ($197,300) dated September 30, 2003, and any
extension, modification or renewal thereof. CHF Loan shall expressly include any and all interest
accruing or out of pocket costs or expenses incurred after the date of any filing by or against CPI of
any petition under the federal Bankruptcy Code or any other bankruptcy, insolvency or
reorgani7.ation act regardless of whether CHF's claim therefor is allowed or allowable in the case or
proceeding relating thereto. The documents now or hereafter evidencing the CHF Loan. including
without limitation, the Note, Deed of Trust, Loan Agreement, and Security Agreement executed by
CPI in connection therewith. are referred to herein as the "CHF Loan Documents."
1.2 Deed Restrictions. All rights of Englewood or its successors or assigns under the
Deed.
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the Deed.
Repurchase Option. The right of Englewood to repurchase the Property pursuant to
1.4 Other Defined Terms. The capitalized tcnns used in paragraph 7 hereof shall have the
meanings ascribed to such terms in the Deed .
2. Subordination. The Deed Restrictions and the Repurchase Option shall be and hereby arc
subordinated to the full and final payment in cash of the CHF Loan. The CHF Loan and the CHF
Loan Documents shall be senior to the Deed Restrictions or the Repurchase Option and all of the
Subordinated Documents irrespective of the time of the execution, delivery or issuance of any
thereo f or the filin g or recording for perfection o f any thereof or the filing of any financing statement
o r continuation statement relating to any thereo f. Englewood will not take or omit to take any
action o r assert any claim with respect to the Deed Restrictions or the Repurchase Option which is
inconsistent with the provisions of this Subordination Agreement. Without limiting the foregoing ,
Engle wood will not (a) assert. collect or enforce the Deed Restrictions or the Repurchase Option or
any part thereof or take any action to foreclose or realize upon the Deed Restrictions or the
Rep urchase Optio n o r (b) accept a voluntary surrender or transfer of the PropcrtY. &om CPI or
mo dify any of the Deed Restrictions or terms of the Repurchase Option. IUltil the c::HF Loan bas
been tinally paid in full in cash.
3. Ri ght to Cure . Upon the occurrence of a detiwlt by CPI Wider the tenm of the OIF
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Loan. prior to commencing any action or proceeding to foreclose its lien or otherwise enforce its
rights in the Property securing the CHF loan, CHF shall provide Englewood thirty (30) days written
notice and an opportunity to cure such defiwlts within such thirty (30) day period. Such right to
cure shall apply to defiwlts W1der any of the CHF Loan Documents, and unless expressly stated in
such CHF Loan Documents to the contrary, any cure periods contained in such documents shall be
deemed to incorporate the provisions of this paragraph 3. Where any other notice or right to cure is
provided under the CHF Loan Documents, or are required by any other contract or applicable law,
said periods and the cure period contained in this paragraph shall run concurrently.
4. Foreclosure. Englewood and CPl agree that, provided that the Property is subject to an
easement in favor of the Colorado Historical FoWJdation or its desigoce and the City of Englewood
prohibiting changes to the improvements to the Property that arc not consistent with the historical
character and significanc:e of the Property, any person acquiring any interest in the Property as a
result of the cnforc:emcnt of remedies provided in the CHF Loan Docwncnts (including without
limitation. the holder of a Certificate of Purchase or a Public Trustee's Deed arising from the
fon:closure of the Deed of Trust by a Public Trustee) shall take such interest free and clear of any
obligation to perform the Deed Restrictions or perform the Repurchase Option. lf the Property is
not subjected to an easement as provided above, any holder of a Certificate of Purchase or Public
Trustee's Deed shall take such interest subject to the Deed Restrictions and the Repurchase Option.
5. Reaffirmation of Deed Restrictions. Englewood acknowledges that CPl has not met the
req~ment contained in paragraph l a of the Deed, to complete the First Phase of Rehabilitation no
later than September 30, 2003. Englewood and CPl agree to extend the First Rehabilitation
Deadline to December 31, 2005. Except as expressly provided herein to the contrary, nothing
contained in this Subordination Agreement shall impair, as between CPl and Englewood. the
obligation of CPl to complete the Rehabilitation of the Property in accordance with the Deed
Restrictions.
6 . Defense to Enforcement. lf Englewood, in contravention of the temlS of this Subordination
Agreement, shall commence, prosecute or participate in any suit. action or proceeding against CPl to
enforce the Deed Restrictions or the Repurchase Option, then CPI may interpose as a ,deti:nsc or plea
the making of this Subordination Agreement. and CHF may intervene and interpose such detcnsc or
plea in its name or in the name of CPL
7. Further Assurances. Englewood agrees to cooperate with CHF should there be any further
docwnentation necessary to confirm the senior priority of the CHF Loan as contemplated hereby.
8. CHF's Freedom of Dealing . Englewood agrees. with respect to the CHF Loan and any and
all collateral therefor or guaranties thereof. that CPI and CHF may agree to increase the amowtt of
the CHF Loan or otherwise modify the tCmlS of the CHF Loan. and CHF may grant extensions of
the time of payment or performance to and make compromises. includmg releases of collateral or
guarant ies. and settlements with CPI and all other persons. in each case without the consent of
Englewood or CPI and without affecting the agreements of Englewood or CPI contained in this
Subordination Agreement, provided however, that the purpose of any increase in the amount of the
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CHF Loan shall be limited to completion of renovations of the improvements to the Property, and
not for any other project, or for the general use of CPI. The rights conferred on CHF hereunder an:
solely to protect its interests under the Loan Documents and shall oot impose any duty upon it to
exercise any such powers. CHF shall not responsible to the Englewood or CPI for any act or failure
to act or to exercise or defend any right granted hereunder. All consents and other actions of CHF
contemplated by this Subordination Agreement may be given, taken, withheld or oot taken in CHF's
discretion (whether or not so expressed), and CPI waives any duty ofCHF to exercise good faith or
any other obligation to act other than in CHF's sole interest. No claim shall be made by Englewood
or CPI against CHF or the affiliates, directors, officers, employees or qents of CHF for any special,
indirect, consequential or punitive damages in respect of any claim for breach of conaract or under
any other theory of liability arising out of or related to the transactions comemplated by this
Subordination Agreement and the Loan Agreement, or any act. omission or event occurring in
connection therewith; and CPI and Englewood hereby waive, relcue and agree oot to sue upon any
claim for any such damages, whether or not accrued and whether or not known or suspected to exist
in its favor, now or hereafter.
9. Tennination ofSubordjnation. This Subordination Agreement shall continue in full force and
effect. and the obligations and agreements of Englewood and CPI hereunder shall continue to be
fully operative. until all of the CHF Loan shall have been paid and satisfied in full in cash and such
full payment and satisfaction shall be final and not avoidable. To the extent that CPI or any
guarantor of or provider of collateral for the CHF Loan makes any payment on the CHF Loan that is
subsequently invalidated, declared to be fraudulent or preferenlial or set aside or is required to be
repaid to a trustee, receiver or any other party under any bmlauptcy, imolvency or reoramization
act, state or federal law, common law or equitable cause (such payment beina hereinafter referred to
as a "Voided Payment"), then to the extent of such Voided Paymem. thaa portion of the CHF Loan
that had been previously satisfied by such Voided Paymcm shall be revMd and colllinue in full force
and effect as if such Voided Payment had never been made . In the event tbal a Voided Paymcm is
recovered from CHF. an Evemt of Default shall be deemed to have existed and to be collblJUina
under the Subordination Agreement from the date of CHFs initial receipt of such Voided Paymcm
until the full amount of such Voided Payment is restored to CHF. l>urq any con1inumcc ofany
such Event of Detault, this Subordination Agreement shall be in full torce and effect with respect to
the Deed Restrictions or the Repurchase Option. Upon the payment and satisfaction in full in cash
of all of the CHF Loan. which payment shall be final 311d not avoidable. this Subordination
Agreement will automatically terminate without any additional xtion by miy party hereto .
10 . Notices. Except as otherwise express!y provided bcrcin. any notice. order. instruction.
request or other communication required or permitted to be~ under this AjreemeDI shall be in
writing and deemed to have been properly given when de!M:red in pcnon. or when sen& by tclccopy
or other electronic means and electronic confirmation of .:nor-lice receipt is m:eivcd or upon reccipc
of notice sent by cenified or registered Uniled tatc:s mail. mum rece;pc reques&ed. po5ta1C prepaid.
addressed to the party at the address set fi>nh below such party's mmc 31 the end of this .~.
Any party may change its oodress tor notices in the nmmcr ,et tonh above .
11. Construction. This ubordinalion .~t shall be Vo emcd tJ,, and inlcrpmcd in
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accordance with the laws of the State of Colorado . The headings used in this Subordination
Agreement are for convenience of reference only and shall not affect the construction hereof.
Whenever the context requires or permits, the singular shall include the plural, the plural shall include
the singular, and the masculine, feminine and neuter shall be freely interchangeable.
12. Waiver of Jury Trial EACH OF THE PARTIES WAIVES ITS RIGHT TO A JURY
TRIAL WITH RESPECT TO ANY ACTION OR CLAIM ARISING OUT OF ANY
DISPUTE IN CONNECTION WITH THIS SUBORDINATION AGREEMENT, ANY
RIGHTS . OR OBLIGATIONS HEREUNDER OR THE PERFORMANCE OF SUCH
RIGHTS AND OBLIGATIONS.
13 . Severability. If any provision of this Subordination Agreement or any lien or other right
hereunder shall be held to be invalid, illegal or unenforceable under applicable law in any jurisdiction,
such provision, lien or other right shall be ineffective only to the extent of such invalidity, i1leplity or
unenforceability, which shall not affect any other provisions herein or any other lien or riabt gramcd
hereby or the validity, legality or enforceability of such provision, lien or riabt in any other
jurisdiction.
14. Miscellaneous. This Subordination Agreement may be executed in several coumcrpans and
by each party on a separate counterpart, each of which when so CXCCUled and ddiwn:d shall be an
original, and all of which together shall constitute one instrument. In provin& this Subordination
Agreement, it shall not be necessary to produce or accowu for more lban one such counterpart
signed by the party against which enforcement is sought.
15. Waivers/Modifications . CHF may, in its sole and absolute dilcmion. waive any provisions of
this Subordination Agreement benefiting CHF; provided, ~. tbal such ~ shall be effective
only if in writing and signed by CHF and shall be limited to the 3'*ific provision or provisions
expressly so waived. Any modification or amendment to this Subotdiallion Apeemem aalSt be
made in writing and signed by the party adversely ~ed.
16 . Assigrunent/BindinK Effect. This Subordination Aji~ nil be bindina upon the
successors and assigns of Englewood and CPI and shall inure to the benefit of CHF , CHFs
successors and assigns. but shall not otherwise create any ri&hts or bencliu ror any third party.
17. Enforcement Expenses, IncludinK Anorncys' fees. Exh paty shall bear its own expenses of
negotiation and implementation of this Subord.inau io n AlPftlllClll. iorh!din& anomeys ' lees. lf any
legal action or other proceeding is brought for the ~l"CCIDCIII o f t11i1 Subordination Agreement, or
because of an alleged dispute. breach. defuult . or ~n n connection with any of the
provisions of this Subordination Agreement. the u:ccssAII or ~ s-ny shall be entitled to
recover reasonable :inomeys' fees and other cosas incurred II dlM action or proceeding, in addition
to any other relief to which such party may be ffll ided.
18 . Co mplete Agre ement . This Subordination ~ IS illlended by the parties as a final
expre ssion o f their agTCCIIYnt reg:ll"dina the naner bm:of. The parties imend this
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Subordination Agreement to be a complete and exclusive statement of the terms and conditions of
such agreement and the subject matter hereof; except (a) where express tefi:tences are made in this
Subordination Agreement to the provisions of the Deed and CHF Loan Documents; or (b) where
there is an ambiguity in this Subordination Agrccmeot, or a conflict between the terms of this
Subordination Agreement. in which instance the parties agree that refd'.coce may be made to the
provisions of the Loan Documents to clarify this Subordination Agreement or i:eso~ any such
conflict.
IN WITNESS WHEREOF, the parties hereto have executed this Subordination Agreement as of
the date first above written.
1300 Broadway
Denver, Colorado 80203
COLORADO PREsERVA 110N, INC.
a Colorado not-for-profit corporation
By:d~~o~
F~G
Title: ~t
1900 Wazee St.. Suite 360
Denver. Colorado 80202
THE CITY OF ENGLEWOOD,
a Colorado Home Rule Municipality
By : ___________ _
Name :------------
Title : Mayor
1000 Englewood P:irkway
Englewood. Colorado 80110
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couNqL COMMUNICATION
Date Agenda Item Subject
May 17, 2004 ,I Q Web Site Services Agreement with
Vision Internet Providers Inc.
Initiated By Staff Source
Department of Information Technology Don Ingle, IT Director
COUNCIL GOAL AND PRMOUS COUNCIL ACTION
• In 2001, Council adopted the Strategic Information Systems Plan (SISP), identifying the goal of
applying technology to enhance citizen information and participation, while improving City
service delivery and efficiency.
• In the replacement of critical business systems (e.g. financial, Utility billing, permits, Municipal
Court, etc .), the Plan calls for the selection of technologies that facilitate on-line services, where
appropriate.
• Since 2002, funds have been set aside in the Information Technology "Web Page Development
and Expansion " capital projects budget to seek contracted assistance in developing a new City
web site capable of fostering electronic services and information.
RECOMMENDED ACTION
The City's cross-departmental Web Design Committee recommends that Council award.,bY. motion,
a professional services agreement wfth Vision Internet PrcJvtdlfl, web
site design, organizational model and contentM 11 lilM~'tn ateglc
Information Systems Plan's electronic gpvernment and public access goals.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood has had an official municipal web site since the mid-19905. Originally
developed "in-house " by City staff and later upgraded with a new look and feel in 2002, the site has
been us ed primarily as a means of providing basic information on City activities and services. The
2002 design upgrades presented information in a more organized and intuitive manner, increased
the timeliness of basic information, and worked to improve the general level and consistency of
content across service area s. As with the original site design, however, this was accomplished by
City staff using off-the-she lf web authoring software with very limited capabilities .
While a significant enhancement over the City's original design, the current web site was not built
on technologies that can support th e electronic government and public access goals of the City, is
not based on th e best practices in graphical design and content organization, does not have the
required sec urity ca pabilities, and is cumbersome and labor-i ntensive to maintain . It is felt that a
new design w ill no t only enhance citizen access to more relevant. timely and thorough information
and digital services, but ca n significantly enhance the City's economic development efforts on a
number of fronts .
Aft er analyzing the costs of performing a comprehensive redesign during the IT strategic planning
proc ess and subsequen t analyses, it was determined that the most cost-effective means of
completing a comprehensive web site redesign supporting electronic services would use outside
pro fessi onal design services .
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A detailed RFI was published in September of 2003 that resulted in nearly 20 responses from
around the country. The cross-departmental Web Design Committee narrowed the field based on
evaluation factors including prior design experience (with particular emphasis on municipal sites),
design methods, technical approach, business solvency, and both the capital and ongoing
maintenance costs of a new site.
Two finalists -Vision Internet Providers of California and CivicPlus of Kansas -were selected for
demonstrations, interviews and subsequent reference checks. While both firms scored well across
the team's evaluation factors, each relies on two very different design models. Vision takes a more
customized approach that attempts to tailor its sites to the specific needs of the individual
organization. CivicPlus applies a more standard government web design approach (termed "web
site in a box"), relying on a more common look and feel based on their clients' best practices.
After reviewing the evaluation scores, project goals, and consulting with both the Information
Technology Advisory Committee (ITAC) and Department Directors, the committee unanimously
recommended Vision Internet based on :
• A more creative and customized design methodology.
• Their approach for engaging the City in the site redesign.
• The "value added" features of the site (e .g. on-line calendars, business directory, document
download center, job applicant features, notification and subscription tools, on-line forms,
site search, etc.), particularly the automated content management capabilities.
• The technical tools, standards and programming methods used .
• The ability to interface with the e-government modules of key City business systems (e.g. on-
line permits, Library checkout, recreation registration, bill payment, etc.).
• The City's ability to "own" the resulting site design code, thus avoiding a long-term licensing
fee approach.
• And, the long-term costs of the site based on both capital and operating considerations.
At the May 1 7ti Council Study Session, staff will provide ti.lrther background on the analysis and
justification for this effort
FINANCIAL IMPACT
Por the past several years, funds have been set aside in anticipation of this effort, supplemented by
grant funding :
Commun i
Total Fundin
I Vision Interne t Contract Amount $47,815 l
LIST OF ATTACHMENTS
Web Site Servi ces Agreement with Vision Internet Providers, Inc.
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WEB SITE SERVICES AGREEMENT
THIS WEB SITE SERVICES AGREEMENT ("Agreement") is made as of the _ day of
May, 2004 (the "Effective Date"), by and between the City of Englewood ("Englewood"), a
municipal corporation formed under the laws of the State of Colorado, located at 1000
Englewood Par1<way, Englewood, Colorado 80110, and Vision Internet Providers, Inc. ("Vision"),
a California corporation with a principal place of business at 2530 Wilshire Blvd., 2nd Floor,
Santa Monica,Califomia 90403 (each a "Party" and together the "Parties").
WHEREAS, Englewood has described requirements pertaining to the design,
maintenance and hosting of a web site ("Specifications") on the Internet's Wortd Wide Web
("Web Site") in a Request For Proposal delivered to Vision, a copy of which is attached hereto
as Exhibit A (the "RFP") and is incorporated herein by this reference; and
WHEREAS, Vision has delivered to Englewood a response to the RFP together with a
proposal and various documents (collectively the "Responses"), copies of which are attached
hereto as Exhibit B and all of which are incorporated herein by this reference; and
WHEREAS, Englewood wishes to retain V1Sion to perform the services described in the
RFP and Responses and further detailed in this Agreement (the •services"), including, but not
limited to, design, maintenance and hosting of the Web Site;
WHEREAS, Vision wishes to provide Englewood with such Services;
NOW, THEREFORE, in consideration of the conditions and covenants set forth hereinafter, it is
agreed as follows :
1. Scope of Services .
1.1 Statements of Work. Upon the t!'rms and subject to the conditions contained herein,
Vision agrees to provide to Englewood such Services as are described in the Statement of Work
attached hereto as Exhibit C in accordance with the Project Schedule C-Exhibit D") and in such
additional Statements of Work as may be agreed to in writing between the Parties from time to
time during the Term hereof (the ·statements of W011t"), which shall be conseartively
numbered, shall incorporate by reference the terms of this Agreement, anct shall be executed by
the duly authorized representatives of the Parties . Such Services shall be provided in
accordance with the provisions of this Agreement , the Specifications and the applicable
Statement of Work. Except as otherwise expressly provided in a Statement IX Work, Vision shall
be responsible for providing the facilities, personnel, equipment, communications capabilities,
software and other resources necessary to provide the Services .
1.2 Statement of Work Information. Each Statement of Work shall provide the following
information; the Specifications, schedule, pricing, payment terms and any other information that
the Parties deem appropriate to reasonably describe the Services desired by Englewood. The
performance of the Services required in the Statement IX Work shall be completed in
accordance with the time frames set forth in the Statement of Work .
1.3 Change to Specifications . At any time following the execution of this Agreement,
Eng•~wood may request a change to the Specifications upon written notice to Vision . Any
Englewood __
Vision~
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material changes or deviations from the Specifications, including, but not limited to, any
changes in functionality, fees, milestones, and timetables, must be agreed upon by the Parties
prior to implementation. The Parties shall negotiate in good faith with resped to any requests for
changes in the Specifications in order to agree upon the implementation of any such changes.
In the event that the Parties are unable, in good faith, to reach an agreement with resped to any
requested change , the Specifications shall remain unchanged with respect to such requested
change.
1.4 Clearances and Fees for Features. To the extent that fees are required to be paid to
third parties for the permissible use of any functionality, feature or asped of the Web Site
obtained by Vision from third parties, Vision shal secure such rights and, except for the fees
payable by Englewood hereunder, pay all necessary clearance fees without additional charge to
Englewood, except in connection with oontent provided by Englewood under Section 2 below.
2. Englewood Responsibilities.
2 . 1 Cooperation. Englewood will cooperate with Vision in the performance of Englewood's
activities contemplated by this Agreement by, among other things, making available, as
reasonably requested by Vision, such volume and other forecasts, updated information,
management decisions and approvals so that Vision may fulfill its obligations under this
Agreement in a timely and efficient manner.
2.2 Englewood Content. Englewood will deliver to Vision, in the format(s) specified in the
Statement of Work, all Englewood content that Englewood intends for Vision to incorporate into
the Web Site.
2.3 Supply of Operational Data. Englewood shall supply all operational data and all such
other data as is necessary for the Web Site to deliver oontent pages, transactions, or other
specified functionality to users of the Web Site.
3 . Delivery and Acceptance of Web Site.
3 .1 Time and Manner of Delivery. Vision shall deliver the Web Site by notifying Englewood
of its conformity with the Specifications, at the times and in the manner specified under this
Agreement. Except in instances of Force Majeure as defined in Section 11 .3 or of an extension
granted pursuant to Section 3 .2 .2 herein , a failure by Vision to provide the Web Site to
Englewood in accordance with the Specifications shall be a Default, as defined in Section 9 .1,
under this Agreement. The Parties agree to reasonably · cooperate with one another in the
construction and design of the website in a timely manner.
3 .2 Procedure for Acceptance.
(a) Englewood shall have thirty (30) days to inspect and test the Web Site, after
receipt of notification from Vision of its conformity with the Specifications, to determine If It, In
fact, conforms to the Specifications.
(b) If the Services fail to conform to the SpeciflC8tions, Englewood shall give Vision
written notice of the failure stating the defect in the Services. Vision shaH then have thirty ( 30)
days to remedy such failure and renotlfy Englewood of the Services conformity with the
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Specifications. After renotification, Englewood shall again have thirty (30) days to inspect the
Web Site to confirm that it conforms to the Specifications. If the Web Site again materially fails
Englewood's reasonable acceptance-testing, Englewood may, in its sole discretion: (1 i deem
the failure to be a Default under this Agreement; (2) provide Vision such additional time as
Englewood, in its sole discretion, shall determine is necessary to remedy such failure and
renotify Englewood of the Web Site's conformity with the Specifications so that Englewood may
continue acceptance testing in accordance with this paragraph; or (3) accept the Services as
non-conforming. If the Web Site materially fails to satisfy Englewood's reasonable acceptance
testing, as described above, Englewood may, in its sole discretion: (1) deem the failure to be a
default under this Agreement; (2) provide Vision such additional time as Englewood, in its sole
discretion, shall determine is necessary to remedy such failure and renotify Englewood of the
conformity of the Services to the Specifications so that Englewood may continue acceptance
testing in accordance with this paragraph; or (3) accept the Services as non-o:>nforming . If
Englewood accepts the Services as non-o:>nforming, Englewood may, in its sole discretion,
either (A) offset Englewood's damages arising from the non-compliance from the fees payable
to Vision for the Services, or (B) invoice and recover from Vision the amount of Englewood's
reasonable out-of-pocket costs to correct, modify, and/or complete the Web Site in accordance
with the Specifications.
{c) The Web Site shall be accepted only upon written notice by Englewood to Vision
of such acceptance. Englewood will not unreasonably withhold or delay acceptance.
4 . Fees and Payments.
4 .1 Fees. Englewood shall pay Vision for all Services set forth in this Agreement at the
times and in the amounts set forth in Exhibit C attached hereto.
4 .2 Only Payments . The fees set forth in Exhibit C, or any additional Statement of Work
agreed to by the Parties, are the only payments to be made by Englewood to VtSion hereunder.
Vision shall be solely responsible for, and shall indemnify Englewood against, all costs and
expenses of Vision necessary to meet V1Sion's obligations arising under this Agreement
including (but not limited to) labor expenses, hardware and software costs related to the
acquisition , set-up and maintenance thereof, hosting of the Web Site, and general business
expenses (including, but not limited to, travel, meals, and overheed expenses). Except as
otherwise expressly stated, Englewood will not paY, Vision any additional fees, assessments, or
reimbursements .
Additional services not covered in this Agreement and extra hours will be presented to
Englewood for approval prior to the commencement of work ("Extra Work"). In no event shall
Extra Work be performed without the prior written consent of Englewood. Extra Work will be
billed at prevailing hourly rates which are as currently follows: HTML Programming, Data Input,
$95/hr.; Graphic Production $55/hr; Quality Assurance, Testing, Debugging, $85/hr; Consulting,
Project Management, Database Designing, Dynamic Programming, $125hlr.; Graphic Design,
Training , $100/hr; Straight flatbed scanning will be billed at $10 per scan. Touch up work to
images will be billed at the graphic design hourly rate . Englewood shall be responsible for any
or all additional fees including, without limitation: photography, stock images, illustration,
scanning , software, applications, online promotion, marketing, copy writing, redesign , change
orders, mailings, and fees to any third party vendors if applicable .
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4 .3 Disputed Amounts. Englewood shall have the right to withhold payment of all or any fee
that Englewood, in good faith, disputes and such withholding shall not constitute a breach or
Default by Englewood.
4 .4 Taxes. Englewood is not subject to taxation and therefore shall not be responsible for
payment of any applicable taxes hereunder provided Englewood submit to Vision a tax
exemption certificate or a direct pay permit acceptable to the taxing authorities prior to or upon
execution of this Agreement by Englewood.
5 . Intellectual Property.
5.1 Ownership of Work Product. Englewood shall be the sole and exclusive owner of all
information and developments created for Englewood's use or benefit in connection with this
Agreement, by Englewood, by Vision, or by any other person engaged by Englewood or Vision,
and all intermediate and/or partial versions thereof, including (but not limited to) all designs,
specifications, inventions, improvements, ideas, techniques, materials, flow charts, diagrams,
notes, outlines, lists, compilations, manuscripts, writings, pictorial materials, schematics, other
creations, and the like, whether or not patented or patentable or otherwise protectable by law
('Work Product"), and of all copyright, patent, trademark, trade secret, and other proprietary
rights in the Work Product. Ownership of Work Product will inure to the benefit of Englewood
from the date of creation or of fixation in a tangible medium of expression, as applicable, of such
Work Product. Vision hereby assigns and agrees to assign to Englewood exclusively all right,
title, and interest in and to the Work Product, and all copies thereof, and the copyright, patent,
trademark, trade secret, and all other proprietary rights In the Work Product, without further
consideration, free from any claim, lien for balance due, or rights of retention thereto on the part
of Vision . Vision shall obtain similar written undertakings from its employees and consultants
who will perform Services relating to this Agreement, so as to ensure Englewood's ownership of
the Work Product. Vision shall promptly and fully disclose and deliver the Work Product to
Englewood, in writing if requested by Englewood. Englewood shall have the full and sole power
to prosecute applications for protecting the Work Product and to take all other lawful action
concerning the Work Product, and Vision shall cooperate fully and in a lawful manner, at the
expense of Englewood, in the preparation and prosea.ition of all such applications and in any
legal actions and proceedings concerning the Work Product, and Vision agrees to exea.ite and
deliver any and all lawful patent, copyright, or other applications, assignments, and other
documents that Englewood reasonably requests for protecting the Work Product, whether in the
United States or any other country. Notwithstanding anything to the contrary herein, Work
Product shall not include the Vision Internet Content Management Tool, Dynamic Components
and other materials or components designated by Vision, or any portion thereof, which: (a) have
been previously made available to the public or which is made available to third parties by
Englewood hereafter (except through ordinary interface with or use of Englewood's Web Site by
members of the public), or (b) which was already in Vision's possession prior to services
performed under this Agreement ("Vision's Proprietary Information"). Vision shall retain all right,
t itle , and interest in all of Vision's Proprietary Information; however Vision hereby grants to
Englewood a perpetual , non-exclusive, royalty free license to use for its own use any Vision's
Proprietary Information that is embedded in the Work Product. All rights in the Work product,
including, but not limited to, any license in Vision's Proprietary Information, granted under or
pursuant to this Agreement by Vision to Englewood are , and shall otherwise be deemed to be,
for purposes of Section 36S(n) of the United States Bankruptcy Code. rights to "Intellectual
property" as defined under the Code . The Parties hereto agree that Englewood shan retain and
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may fully exercise all of its rights and elections under the Code. The Parties hereto further
agree that, in the event of the commencement of bankruptcy proceedings by or against Vision
under the Code, Englewood shall be entitled to retain all of its rights granted to Englewood by
Vision .
5 .2 Property of Englewood. Nothing herein shall be construed to grant any right or license
to Vision in or to any material provided to Vision hereunder by Englewood Including, but not
limited to any software, data, designs, business plans, financial information, user data or
information and, Confidential Information, as defined in Section 6, of Englewood, other than the
right to use such material solely on behalf of Englewood In accordance with the terms hereof or
as otherwise instructed by Englewood. All of the materials described above in this Section 5.2, ,
including, but not limited to, any and all copyrights, trademarks, service marks, and trade names
related thereto, are and shaH remain the property of Englewood .
6. Confidentiality.
6 .1 Confidential Information. "Confidential Information" shall mean any and all tangible and
intangible information existing now or in the future, whether oral or in wrimg or in any other
medium and whether in machine or human readable form, relating to the management,
operations, products, prospects, inventions, financial oondltion, financial results, and financial
projections of a Party including, but not limited to, any and all related trade secrets, know-how,
designs, drawings, schematics, formulations, ingredients, samples, processes, machines,
prototypes, mock-ups, templates, test data, processing and control Information, production
schedules, produd performance data, manuals, supplier lists, wstomer lists, purchase and
sales records, warranty and repair records, marketing information, and computer programs,
including without limitation VISion's Proprietary Information whether developed by such Party or
furnished to such Party by one or more third parties. The user Information and an software and
proprietary data relating lo the operation of Englewood',. Web Site and bualnea8 (excluding
Vision's Proprietary Information) shall conatllute Confldentlal Information cl Englewood without
need for any further marking or notices. Failure to mark any cl the Confidential Information aa
confidential shall not affect its status as part of the Confidential Information under the terms cl
this Agreement.
6 .2 Use of Confidential Information. The Parties acknowledge that it will be necessary for
each of them to disclose or make available to the other Confidential Information and that some
such Confidential Information may already have been disclosed prior to the Effective Date.
Each Party shall:
(a) maintain the confidentiality of the Confidential Information of the other
Party;
(b) take steps to minimize the disaemlnatlon or copying of the Confidential
Information of the other Party except to the extent necesaa,y to perform 119 obligations
under this Agreement;
(c) prior to disclosure, the disclosing Party lhaH uae reasonable efforts lo
designate aH Confidential Information by martoog the information with the word
"Conftdentiar or similar legend;
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(d) use the same care to prevent disclosure of the Confidential Information of
the other Party to third parties as it employs to avoid disclosure, publication, or
dissemination of its own information of a similar nature, but in no event less than a
reasonable standard of care;
(e) use the Confidential Information of the other Party solely for the purpose
of performing its obligations under this Agreement;
(f) acquire no express or implied right or license under any patent, copyright,
trade secret, or other right in, or assert any lien against, Confidential lnfonnation of the
other Party; and
(g) make all reasonable efforts to infonn its employees, agents, and
subcontractors who acquire access to the Confidential Information of the other Party
about these restrictions.
Each Party may disclose Confidential Information of the other Party to its employees, agents,
and subcontractors who have: (1) a need to know such Confidential Information in order to
perform their duties; and (2) a legal duty to protect the Confidential Information. A Party
receiving Confidential Information of the other Party assumes full responsibility for the acts or
omissions of its employees, agents, and subcontractors with respect to such Confidential
Information.
6 .3 Open Records Act. This Agreement is subject to the Colorado Open Records Act.
Consequently, either Party may disclose Confidential Information to the extent disclosure is
based on the good faith opinion of such Party's legal counsel that disclosure is required by law
or by order of a court or governmental agency; provided, however, that the recipient of such
Confidential Information shall give the owner of such Confidential Information prompt notice in
order that it have an opportunity to intercede In such process to contest such disclosure and
shall cooperate with the owner of such Confidential Information to protect the conridentlality of
such Confidential Information. The owner of such Confidential Information reserves the right to
obtain a protective order or otherwise protect the confidentiality of such Confidential Information .
Further, either Party may disclose the terms of this Agreement to the extent required to enforce
its terms or the rights of such Party,
6 .4 Return . Unless it is expressly authorized by this Agreement to retain the other Party's
Confidential Information , a Party shall promptly return or destroy, at the other Party's option, the
other Party's Confidential lnfonnation, including materials prepared in whole or In part based on
such Confidential Information, and all copies thereof, at the other Party's request, and an officer
of such Party shall certify to the other Party that It no longer has in its possession or under its
control any Confidential lnfonnation in any form whatsoever, or any copy thereof.
6 .5 Injunctive Relief. Each Party acknowledges that any breach f any provision of this
Section 6 by either Party, or its personnel or subcontractors, will cause immediate and
irreparable injury to the other Party for which monetary damages would be an insufficient
remedy. Accordingly , in the event of such breach, the injured Party shall be entitled to injunctive
relief and an order compelling specific performance of this ~ 6, without bond or other
security , in addition to any and all other remedies available at law or In equity .
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7 . Warranties.
7 .1 Vision Warranties .
(a) Vision represents and warrants that it will provide the Services in a professional
and workmanlike manner and in accordance with this Agreement, and that the Services shall
conform to the Specifications .
(b) Vision represents and warrants that at no time during the Term shall the use of
any Vision Services, techniques, or products provided or used by Vision infringe upon any third
party's patent, trademark, copyright, or other intellectual-property right, nor make use of any
misappropriated trade secrets,
(c) Vision represents and warrants that Vision owns or leases and covenants that it
will own or lease, free and clear of all liens and encumbrances, other than lessors' interests, or
security interests of Vision's lenders, all right, title, and interest in and to the tangible property
and technology and the like that Vision intends to use or uses to provide such Services and in
and to the related patent, copyright, trademark, and other proprietary rights, or has received
appropriate licenses, leases, or other rights from third parties to permit such use.
(d) Vision represents and warrants that no statement contained In any written
information furnished by Vision to Englewood prior to the Effective Date, in oonnectlon with this
Agreement contains any untrue statement of a material fact or omits any material fact necessary
to make such statement not misleading.
(c) Vision represents and warrants that (1) all obligations owed to third parties, If
any, with respect to the activities to be undertaken by Vision pursuant to this Agreement are or
will be fully satisfied by Vision so that Englewood will not have any obligations (other than
obligations set forth in this Agreement) with respect thereto; (2) Vision's obligations hereunder
are not in conflict with any other Vision obligations ; (3) Vision will comply with all applicable
Laws in the performance of its obligations hereunder; including but not limited to all applicable
data protection laws and regulations; (4) VISion will comply with the Englewood Privacy Policy,
as the same may be revised by Englewood from lime to time and supplied to Vision by
Englewood, and in the performance of its other obligations hereunder; and (5) Vtaion 's
arrangements with its subcontractors and -agents who provide services to Vision in connection
with the perf ormance of Vision 's obligations hereunder shall be in compliance with the terms
and conditio ns of this Agreement.
(f ) V ision represents and warrants that any content (whether owned by Vision or
lice nsed from a th ird party) that Vision p rovides to the Web Site (except as to content provided
by Englewood under Section 2 .2 above or as Vision may be instructed by Englewood): (a) shall
not contain libelous , defamatory, obscene , pornographic or profane material ; (b) may be
r e produced , used , converted Into digital or other electronic media, displayed, and distributed as
conte mplated by th is Agreement without violating or infringing the rights of any other pel'IOl'I or
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entity, including, without limitation, infringing any copyright, trademark or right of privacy, or any
other intellectual or industrial property right, title or interest of any party, and without obligating
Englewood to pay any fees to third parties; (c) Vision will obtain all rights, permissions and
approvals from any third party (including but not limited to electronic reproduction rights
necessary for use of the Vision coritent' in connection with the Web Site; and (d) Vision will pay
or cause to be paid all royatties, fees or other compensation due to third parties in connection
with the exploitation of the Vision content in the manner contemplated by this Agreement.
7.2 Authority. Each of the Parties hereto represents and warrants that it is duly formed and
in good standing under the laws of the state of its formation and is qualified and registered to
transact business in all locations where the performance of Its obligations hereunder wculd
require such qualification; that it has all nficessary rights, powers, and authority to enter into and
perform this Agreement; that the execution, delivery, and performance of this Agreement has
been duly authorized by all necessary managerial or corporate action; and that the execution
and performance of this Agreement will not breach any agreement, covenant, court order,
judgment, or decree to which such Party is a party or by which It is bound .
7.3 (a) Limited Warranty: Vision does warrant that all of the deliverables induded in this
Agreement will be conveyed to Englewood. All programming code developed by Vision within
the project is warranted for a period of twelve (12) months from the date of completion of the
website ("Final Launch"). Vision will aeate a back up of the website on the date of Anal
Launch. If any warranted problem arises while Englewood or Its deslgnee is maintaining the
website, Vision will restore the website back to Its condition as It existed at the Final Laooch. If
Vision is maintaining and hosting the website, Vision shaa restore the website back to Its
condition as it existed at the day cl the most recent backup. Vision shaU only be responsible for
any costs associated with correcting any programming code during this twelve (12) month
period following the Final Launch.
(b) Except as expressly set forth in this Section, VISION MAKES NO WARRANTY OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS OF
THIS SERVICE FOR A PARTICULAR PURPoSE WHATSOEVER. In no event, at any time,
shall the aggregate liability cl Vision exceed the fen paid by Englewood to Vision and Vision
shall not be responsible for any lost profb or other damages, including direct, indirect,
incidental, special, consequential or any other damages, however caused.
7 .4 Except as provided in the Statement of Work, VISion does not warrant any reautts from
the use of any web pages created under this Agreement, induding but not limited to, the
number of page or site visitations, download speed, database performance, or the number cl
h its or impressions.
7 .5 Vision may use any web pages developed for Englewood in any al its own promotional
materials as examples cl its work . Englewood agrees that VIiion may piece in the weblite
footer an unobtrusive text link reading "Developed by Vision internet" or equivalent. VISion's
footer text credit shall always be linked to a Vision web page.
8 . Indemnification .
8 .1 Intellectual Property lndemnif'ication. Villon lhal defend, i11dem111lfy, and hold
Englewood harmless from and shal pay an final damages and coeta awarded against
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Englewood arising out of, any claim or action brought by any third party against Englewood for
actual or alleged infringement of any patent. t~mark, copyright, or similar property right
including misappropriation of trade secrets, based upon technology used by Vision in providing
the Services, excluding content provided by Englewood under Section 2.2 above (collectively,
"Infringement Claim"); and Vision shall defend, indemnify, and hold Englewood harmless from
and against any and all liabilities, losses, costs, damages, and expenses, including reasonable
attorney's fees incurred by Englewood in connection with any Infringement Claim. Vision may, in
its reasonable discretion, either procure a license to enable Engle'M>Od to continue to use such
technology or develop or obtain a non-infringing substitute acceptable to Englewood.
8 .2 General Indemnification. Vision agrees to defend, indemnify, and hold Englewood
harmless from and against any and all third party claims, demands, liabilities, obligations, costs,
and expenses of any nature whatsoever (Including attorney's fees) incurred by Englewood,
solely as a resutt of: (a) any misrepresentation by VISion in this Agreement; (b) any defautt or
breach by Vision with respect to any warranty, promise, agreement, duty, obligation, or
representation hereunder; and (c) third party services utilized by Vision in providing the Services
hereunder (except as Vision may have been instructed by Englewood).
8 .3 Insurance.
(a) Vision agrees to keep in full force and effect and maintain at its sole cost and
expense the following policies of insurance during the term of this Agreement:
(1) Workers' Compensation and Employer's LiabUlty Insurance:
(i)
in accordance with law.
Statutory Worker's Compensation Including occupational diseue
(Ii) Employer's Liability Insurance with minimum limits cl $100,000.00
per employee by accident/$100,000.00 per employee by dlseale/$500,000.00 policy Hmlt by
disease .
(2) Commercial General Liability Insurance (Including contractual liability
insurance) providing coverage for bodily injury and property damage with a combined single
limit of not less than Two MiHion dollars ($2,000,000.00) aggregate/One Million Dollars
($1,000,000.00) per occurrence.
(3) Automobile Liability Insurance including coverage for all owned, non-
owned, leased, and hired vehicles providing coverage for bodily Injury and property damage
liability with a combined single limit of not less than Two MIiion Dollars ($2,000,000.00) per
occurrence.
(b) All such insurance shall be procured with such insurance companies cl good
standing, permitted to do business in the country, state or territory where Vlaion ha oper11t10111 .
(c) Vision shal provide Englewood with certf"icates of Insurance evidencing
compliance with this Section 8.3.
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(d) Vision's insurance policies as required under Sections 8.3(a)(2), and (3) shall
name Englewood and all of its representatives, servants and employees as Additional Insureds
for any and all liability arising at any time in connection with Vision's performance under this
Agreement. Such insurance afforded to Englewood shall be primary insurance and any either
valid insurance existing for Englewood's benefit shall be excess of such primary insurance.
Vision shall take such actions with regard to its policy or policies of insurance as are necessary
to cause the policy or policies to comply with the requirements stated herein.
(e) The obligation of Vision to provide the insurance specified herein shall not limit in
any way any obligation or liability of Vision provided elsewhere in this Agreement.
8 .4 Governmental Immunity. Nothing in this Agreement is intended to waive any protection
afforded to Englewood by the Colorado Governmental Immunity Act, C .R.S . § 24-10-101 et
seq., or any other applicable law providing immunity to Englewood, its officials, agents and
employees.
9 . Default.
9 .1 Default shall mean the occurrence of any of the following:
(a) the existence of any representation or warranty made in this Agreement by either
Party that was materially false when made;
(b) a failu~ by either Party to obsenle and perform any obligation, covenant, or
condition under this Agreement and, in cases where the breach does not involve a violation of
law relating to or affecting the provision of Services, the faHure by the breaching Party to a.ire
such default within thirty (30) days after the breaching Party has received notice of such default
(For purposes of this definition, the word "cure• shall include implementation of a worit-around
or similar temporary measures, provided the breaching Party continues its best efforts to pursue
and promptly implement a full and complete cure);
(c) insolvency of a Party; general failure of a Party to pay Its debts as they beoome
due; entrance of a Party into receivership c;,r any arrangement or composition with creditors
generally; filing of a voluntary or involuntary petition or other adion or proceeding for bankruptcy
or reorganization or dissolution or winding-up of a Party if such petition or action is not
dismissed within sixty (60) days; a general assignment for the benefit of creditors of a Party; or
a seizure or a sale of a material part of a Party's property by or for the benefit of any creditor or
governmental agency .
9 .2 Rights Upon Default. If either Party commits a Default under this Agreement, the other
Party will have all the remedies that may be available to it under law or in equity, none of which
is exclusive and any or all of which may be pursued.
9 .3 Attorney's Fees . In the event of a Default, the prevailing Party shaU be entitled to
recover from the non-prevailing Party reasonable attorney's fees and costs in connection with
any action by the prevailing Party in pursuing enforcement of the terms of this Agreement or m,y
other remedies.
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10. Term and Termination.
10.1 Initial Term; Renewals. The term of this Agreement (the "Term") shall commence as of
the Effective Date and shall continue until the earlier of (a) the third anniversary of the Effective
Date; and (b) prior termination according to the terms hereof. Englewood may, in its sole
discretion, extend the Term for up to two (2) successive renewal periods of one (1) year each by
providing written notice delivered to Vision at least ninety (90) days before the end of the then
current initial or extended Term . The fees applicable during any renewal term shall not exceed
the applicable fees in the twelve (12) month period immediately prior to such renewal term.
10.2 Termination for Default. The Term may be ended by either Party if the other Party
commits a Default, after notice specifying the Default in reasonable detail has been given to the
other Party, and the other Party fails to cure such Default as provided in Section 9 . Termination
of this Agreement shall not constitute a Party's exclusive remedy for a Default and neither Party
shall be deemed to have waived any of its rights accruing hereunder prior to such Default. If
either Party ends the Term as a result of a claimed, uncorrected Default by the other Party and
such other Party does not agree that a Default was committed, then such other Party shall have
the right to avail itself of all remedies available to it under the law .
10.3. Termination for Force Majeure Event If a delay or interruption of performance by a
Party resulting from its experiencing a Force Majeure Event, as defined in Section 11.3 exceeds
fifteen (15) days, then the other Party may terminate the Term by deUvering to the non-
performing Party written notice of termination specifying the date of termination.
10.4 Termination for Non-Appropriation. The Parties understand and acknowledge that
Englewood is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The Parties do
not intend to violate the terms and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi-fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this
Agreement to the contrary, all payment obligations of Englewood are expressly dependent and
conditioned upon the continuing availability of funds beyond the term of Englewood's current
fiscal period ending upon the next succeeding December 31 . Financial obligations of
Englewood payable after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted, and otherwise made available in accordance with the rules,
regulations , and resolutions of Englewood and other applicable law. Upoo the failure to
appropriate such funds , this Agreement shall be deemed terminated.
10.5 Transfer Assistance Services After Expiration or Termination. Upon the expiration of this
Agreement or termination of this Agreement by either Party for any reason (by virtue of default
or otherwise), Vision shaN , deliver to Englewood al EnglewoocH>wned Materials, reports and
documentation still in V1Sions' possession (Including, but not limited to al object oode and
source code versions of any software which constitutes Work Product, and al related
documentation) and (b) at Englewood's direction, destroy aN Englewood Confidential
Information in tts possession .
10 .6 Continuation of Rights Pursuant to the United States Bankruptcy Code. AN rights and
licenses granted under or pursuant to this Agreement by Vision to Englewood shall be deemed,
for purposes of Article 365(n) of the United States Bankruptcy Code ("lhe Code"), ID be bMn
t o rights to ·1ntelledual property" as defined under Article 101(35A) d ttwt Code . Villon aor-s
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that Englewood, as licensee of such rights under this Agreement, shall retain and may fully
exercise all of its rights and elections under the Code. Vision further agrees that in the event of
commencement of bankruptcy proceedings by or against Vision, Englewood shall be entitled to
retain all of its rights under this license.
11 . Miscellaneous Provisions.
11 .1 Amendments; Waivers. Except as provided expressly herein, this Agreement may not
be modified, amended, or in any way altered except by a written document duly executed by
both of the Parties hereto. No waiver of any provision of this Agreement, nor of any rights or
obligations of any Party hereunder, will be effective unless In writing and signed by the Party
waiving compliance, and such waiver will be effective only in the specific instance, and for the
specific purpose, stated in such writing. No waiver of breach of, or default under, any provision
of this Agreement will be deemed a waiver of any other provision, or of any subsequent breach
or default of the same provision, of this Agreement.
11.2 Binding Effect; Assignment. This Agreement shall inure to the benefit of and be binding
upon the Parties hereto, their permitted successors and assigns. Vision may not assign,
transfer, convey, or encumber this Agreement, any interest herein, or any rights granted
hereunder, or delegate any obligations herein, whether voluntarily or by operation of law without
the prior written consent of Englewood.
11 .3 Force Majeure Event. Neither Party shall be deemed in default ex this Agreement to the
extent that performance of its obligations or attempts to cure any breach are delayed or
prevented by reason of any act of God, fire, computer virus natural disaster, accident, act of
government, or any other cause beyond the control of such Party rForce Majeun,•) provided
that such Party gives the other Party written notice thereof promptly and, in any event, within
fifteen (15) days of discovery thered and uses its best efforts to cure the delay.
11 .4 Entire Agreement. This Agreement, including an Exhibils, Schedules and Statements of
Work hereto, sets forth the entire agreement between the Parties on this subject and
supersedes all prior negotiations, understandings and agreements between the Parties
concerning the subject matter hereof, except for the RFP and the Responses. In the event that
any portion of a Statement of Work conflicts with the terms of this Agreement, the terms of the
Statement of Work shall govern to the extent necessary to resolve such conflict. In the event
that any portion of the RFP or the Responses conflicts with the terms of this Agreement
(including the Statement of Work), the terms of this Agreement shaN govern to the extent
necessary to resolve such conflict .
11 .5 Governing Law. This Agreement shall be governed by, and construed in accordance
with the laws of Colorado, without regard to its conflict of laws pmciples. Any litigation with
respect to the interpretation or performance of this Agreement shall be brought solely within the
state of Colorado , and each Party lo this Agreement hereby irrevocable agrees to be subject to
the jurisdiction of such court.
11 .6 Legal Status of Parties. This Agreement wilt not be considered lo c:onstitule either Party
as a representative, agent, employee , partner, or joint venturer of the other. Vision will be an
independent contractor for all purposes under this Agreement. VISion wil not have the authofty
to enter Into any agreement, nor to assume any liability , on behaf cl Englewood, nor lo bind Of
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commit Englewood in any manner. Vision's employees who provide Services pursuant to this
Agreement or who are located on Vision's premises shall remain employees of Vision, and
Vision will have sole responsibility for such employees Including (but not limited to) responsibility
for payment of compensation to such personnel and for injury to them in the course of their
employment. Vision shall be responsible for all aspects of labor relations with such employees
including (but not limited to.) their hiring, supervision, evaluation, discipline, firing, wages,
benefits, overtime and job and shift assignments, and all other terms and conditions of their
employment, and Englewood will have no responsibility therefor. Vision shall defend, indemnify,
and hold harmless Englewood from and against any and all claims, liabilities, losses, costs,
damages, and expenses, including attorney's fees, based upon or related to a claim that
Vision's or its subcontractors' employees are employees of Englewood.
11 .7 Notices. Except as expressly otherwise stated herein, all notices, requests, consents,
approvals, or other communications provided for, or given under, this Agreement, shall be in
writing, and shall be deemed to have been duly given to a Party if delivered personally, or
transmitted by facsimile to such Party at its telecopier number set forth below, or sent by first
class mail or overnight courier to such Party at its address set forth below, or at such other
telecopier number or address, as the case may be, as shall have been communicated in writing
by such Party to the other Party in accordance with this Section. All notices wiN be deemed
given when received in the case of personal delivery or delivery by mail or overnight courier, or
when sent in the case of transmission by facsimile with a confirmation, if confirmed by copy sent
by overnight courier within one (1) day of sending the facsimile.
If to Vision
Vision Internet Providers, Inc.
2530 Wilshire Blvd , 2nd Floor
Santa Monica, California 90403
Attention : Steve Chapin
Telephone: (310) 656-3100
Fax: (310)656-3103
E-Mail : Steve@visionintemet.com
If to City of Englewood:
City of Englewood
------Street Englewood, Colorado __
Attention:
Telephone:
Fax:
E-Mail
11 .8 Publicity. Except for any announcement Intended solely for internal distribution by V ision
or any d isclosure requ ired by legal , accounting , or regulatory requirements beyond the
re asonable control of Vision , all media releases, public amouncements, or public disclosures
(incl uding , but not limited to, news releases , tours, demonstrations, studies, promotional or
marketing material) by Vision or its employees or agents relating to this Agreement or its subject
matter, or including the name , logo, trade mark, or symbol of Englewood, shall not take place
w ithout the p rior, specific approval of the Englewood. V1Sion shall not represent directly or
ind irectly that any service provided by Vision to Englewood hes been approved or endorsed by
E nglewood or include the name, logo, trade mark, or symbol of Englewood on a list of Vision's
cu stomers without Englewood 's express written consent.
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11 .9 Severability. If any provision of this Agreement is held to be invalid or unenforceable for
any reason , the remaining provisions will continue In full force and effect without being Impaired
or invalidated In any way.
11.1 O Authority . With the intent to be legally bound, each of the undersigned hereby
covenants and acknowledges that he, she or It (a) has reed each of the tenns set forth herein,
(b) has the authority to execute this Agreement for' such person or entity, and (c) expressly
consents and agrees that the person or entity upon behalf of which the undersigned is actln
shall be bound by all terms and conditions contained herein .
IN WITNESS WHEREOF , the Parties have executed and delivered this Agreement as o( the
date first above written .
Vision Internet Providers, Inc., A Cslifomia Corporation
By:,~-~ --.. .. :
Title : President
City of Englewood, A municipal corporation under the laws of the State of Colorado
By:. ______ _
Trtle :
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EXHIBIT A-REQUEST FOR PROPOSALS (RFP)
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Request for Information
Related to the Acquisition of Web Design Services
Issue date: September 2, 2003
Response due: Friday, October 3, 2003 at 5 PM MDT
All inquiries and responses must be directed to:
Don Ingle
Director of Information Technology
City of Englewood, Colorado
1000 Englewood Parkway
Englewood, Colorado 80110-2373
dingle@englewoodqov.org
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General Information
1. SCOPE OF WORK AND PURPOSE
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The City of Englewood seeks qualified consultants/designers to provide professional Internet
web site design, development and implementation services. This web design work shall be the
primary scope of the contract. In addition, the City reserves the option to request additional
services for Intranet development. A desaiption of the desired work is provided below in
Section 3, "General Scope of Work: and in Section 4, "Objectives.•
The City plans to entertain proposals from other municipalities interested in providing web
design services to other jurisdictions.
The City reserves the right to reject any and all proposals or any part thereof. to waive any
fonnalities or informalities. and to award the contract to the most responsive and responsible
respondent(s) as deemed in the best interest of the City.
2. BACKGROUND
General: The City of Englewood, Colorado, located just south of Denver, is a full-service
suburban municipality with a Council/Manager form of government The City operates under a
home rule charter and has a seven-member City Council. Englewood has an estimated
population of 32,525 with a staff of 450 full-time, 100 part-time and 400 seasonal employees
among twelve departments. The City's 2003 general fund budget is approximately $36 million.
The City also operates the Littleton/Englewood Wastewater Treatment Plant serving much of
the south Denver metropolitan area with a population of approximately 250,000.
The Englewood Civic Center, located at 1000 Englewood Parkway, is the data processing and
telecommunications hub for the City's eleven other facilities serving such functions as Public
Works, Parks and Recreation, Golf, Water and Wastewater Utilities, and Public Safety. The
Civic Center houses the City's administrative offices, the Englewood Public Library, and the
Englewood Municipal Court.
Web support organization and systems environment; The City's Information Technology
Department is composed of ten staff providing networt( management, desktop support services,
system and database administration, application development, and telecommunication services.
In 2001, following development of a Strategic Information Systems Plan, the IT Department
underwent a significant reorganization to prepare for major business system replacement
projects, including the recently completed implementation d Oracle 11 I ERP .
Additional major system replacements scheduled for completion by mid-2004 include: Utility
Billing/Customer Information, Court Case Management. Library Information, Permit
Tracking/Land Information and Sales Tax Accounting. Procurement selection criteria for these
new systems include the need for Internet-ready, transactional capabilities. (For example, one
of the first proposed Internet-ready systems would be the new Court case Management system
currently bei~g implemented . The selected vendor's product requires the use d Microsoft IIS
and Active Server Pages (ASP).)
Though the department has staff versed in web development and server support. no position is
assigned such roles at this time. However, specific IT job desaiptlons and organizational roles
have been structured to allow transition to a heightened web development and support ro1e in
the near future .
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The City is currently transitioning off Netware 5.x/NDS for file and print services, completing its
move to Microsoft Windows 2000 and Active Directory. The City already has a number of
Windows 2000 application servers in operation and uses Microsoft Exchange 2000 for
messaging services. City LAN, WAN and network security components are standardized on an
array of Cisco routers, managed switches and PIX firewalls implemented in late 2000. The .
City's new Oracle platfonn (soon to be expanded to serve as database server for new Utility
Billing applications from a third-party vendor) operates on a multi-server Sun/Solaris system
implemented in 2002. At this time, only "spor uses of Microsoft's IIS have been implemented.
The use of Apache web services on the Sun platfonn is focused on support of the Oracle 11 i
web-enabled internal applications.
The City will standardize on Oracle for its two largest enterprise systems (ERP and Utility
Billing) but intends to continue to standardize on Microsoft SOL Server for lower-tier business
applications. ·
The City currently utilizes, but has not standardized on, IBM Content Manager version 8.1 for
the imaging of documents. This application can support document management, web content
management and the deployment of web assets.
The City Manager's Office includes two positions engaged in public communication efforts: a
Public Information Officer (PIO) and Communication Specialist In recent years, these positions
have perfonned a number of web authoring and content coordination roles, in addition to other
assigned duties outside the web content arena. The Assistant City Manager is also heavily
engaged in this effort, and chairs the City's Information Technology Advisory Committee (ITAC),
composed of representatives from each City department
A six-member 'Web Team" is also in place composed of representatives from several
departments. The team and the departments they represent will have a significant role in web
information and services deployment.
Current site: The City's web presence was originally developed in the mid-19905 and has
undergone intennediate thematic changes to improve aesthetics, general content breadth and
organization. The site was designed and developed by intemal staff using relatively low-end
HTML development tools (originally Hot Metal Pro, now Microsoft Front Page 2000), supported
with graphics packages like Adobe PhotoShop. Over tirnt,,, line staff in either the IT Department
or the City Manager's Office has performed web development roles . Given the City's current
fiscal environment, no new staff is anticipated to support web development. Leveraging of
existing staff knowledge, skills and abilities will be required .
The City currently does not have an official Intranet, though design concepts are currently being
considered , induding use of the "Oracle Portal" utility included with version 11 i. Oracle 11 i's
web-based on-line timekeeping and self-service human resources modules are the only
"Intranet-style" applicatlons in current use. However, they underscore the desire of the City to
web enable its major business systems .
The site (www.englewoodgov.org) is currently hosted externally with a commercial ISP. A
significant goal of this project is to develop an appropriate hosting model to support the new
design and the City's e-Govemment transactional plans.
The current web presence does not fulfill many of the public information and technology needs
of the organization and the community. Examples include:
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• Lack of automated content management capabilities.
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• Lack of a technology foundation to facilitate web-enablement of important, public
facing transaction-based and data query-intensive functions.
• Lack of adequate web design tools.
• Lack of site search capabilities; rudimentary site indexing.
• Lack of a content organizational and maintenance model that applies the best
practices in municipal government.
• Lack of focus as a potential significant economic development tool.
3. GENERAL SCOPE OF WORK
The City will select the most qualified finn to provide web design, development and
implementation services. The successful finn will design and develop an aesthetic, cost-
effective, efficient, and easily managed web environment for the City, install the new web site
and all related components on the City's internal or outsourced web server, install any hardware
and software tools necessary to maintain the web site, provide knowledge transfer for core
technologies to key staff, and recommend training resources to adequately maintain the new
site. Temporary office space will not be made available to the successful firm. The contract will
provide sufficient time to allow the initial development and any follow-up work that the City may
request as the initial development nears completion. If the firm proposes a web site that has
any licensing or copyright requirements. they must be clearty presented in the proposal.
The City would like to be as independent as possible in Its ongoing maintenance and operation
of the site. Though the City desires to maintain "ownership" of the web site, the City will
consider alternatives.
The contract will also allow the City to request additional services for assistance with
development of an Intranet site. This work will be at the City's option, following substantial
completion of the web site design. The City may request the finn to provide tools and templates
for an Intranet and possibly assist with the implementation of this phase. The City is interested
in having the Intranet site include a similar design, look and feel to the Internet solution. A
similar or identical content management engine is also desired.
The City will purchase and provide any approved hardware and/or software or external hosting
services required to complete the work. If selected, the firm shall alert the City of any need for
hardware and/or software required to complete the work, providing ample advance notice to
allow adequate time for the City to pursue acquisition. The City and the selected firm will
discuss any needs to insure design concurrence and the City will pursue acquisition of the
desired products in a timely manner.
Together, the City and the selected firm will develop a specific project plan, identify the budget
for equipment and products, and develop a budget for services and time, which meets with the
City funding abilities .
' The City is sensitive to the program costs since the project budget is limited . The City is seeking
firms that have considerable experience In web design and web application development so that
the City may depend upon a streamlined solution and approach . The City anticipates that
experienced and qualified firms will be able to offer design templates and standardized
solutions. and other cost-efficiencies favorable to the City in order lo keep COiia at a minimum
and allow the City to achieve its primary objectives within a limited budget.
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Respondents are encouraged to consider and discuss their skills and qualifications as part of
their response, and should be sensitive to the specific City goals and concerns noted in this
document. Respondents should consider their capability to meet the cost-effectiveness criteria
of the City through their methods, skills and experience.
4. OBJECTIVES
The following information is provid~d to help respondents understand the direction and
intentions of the City in procuring the services outlined in this RFI.
Strategic Plan: In 2001, the City of Englewood adopted a Strategic Information Systems Plan
(SISP) to guide technology infrastructure, application and related management projects over the
next several years. An important element of the Plan is development of Inter-and Intranet
business strategies, as well as implementation of a new web site that conforms to the SISP and
general City business goals .
Objectives: The City has identified the following objectives for the Web Site design:
A. Development Objectives
The City of Englewood wishes to create a customer focused web site using intuitive
navigation controls that make it easy for visitors to locate the information they are seeking.
The City wants to reinvent the web site with modem technologies that take advantage of
current automation tools and strategies to meet the objectives detailed below. The new site
must effectively and securely "host" new web-enabled applications induded with future City
business system implementations (e.g. on-line bill payment; utility account inquiry;
recreation class registration). The City also intends the site to be a aitical element in its
economic development efforts involving future access to land records and GIS technologies
to identify vacant land, structures and redevelopment opportunities.
B. Balance Municipal Look & Feel with Unique Web Presence
Municipal sites are informational in nature and should clearly portray the purpose of the City
web site. The site should also portray a unique web presence that Is attractive as well as
functional while remaining in the "municipal family" of web sites. The selected firm will be
expected to work with key City staff to design a "look & feel" that can be applied to various
City web pages and templates. It is expected that web design standards. practices and
procedures resulting from this re-design will be developed with the assistance of the
selected firm.
C. Site Navigation and Organization
The user interface should use modem tools and techniques to intuitively guide visitors to the
information they seek. The site should include four navigation strategies:
1. Menu System as the primary navigation method of the site that is consistently displayed
on each page, except where specific pages may require modification to logically
enhance navigation. The City's Web Team has analyzed the site's current content and
intends to work jointly with the selected firm to design a hierarchical menu structure that
models the 'best practices' encountered by the vendor and the City in designing
municipal sites.
2. Each department should present a standards-based main page where visitors can
navigate to the services they provide .
3. Full site search , with administrator control, providing search prompts available In the
headers or footers of all web pages .
4 . S ite Map w ith administrator control.
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D. Automate Content Management
The City requires the content of the web site to be managed dynamically and (where
appropriate) in a simple and decentralized manner by non-technical staff. This means that
line staff will need to add, change and delete site content without manipulating HTML or
scripting code, while counting on appropriate automated security controls. This indudes
formatted text, hyper-links, graphics/images, as well as providing downloadable documents
in PDF, Word, Excel and other formats .
Meta-tagging each page is also a requirement that will be entered by departmental staff as
they maintain site content. The City wishes to conform to evolving standards for meta-tags,
particularly where it will ensure greater compatibility with other intergovernmental sites and
systems .
Most documents will age and lose relevancy over time, and need to be routinely updated or
removed. The City will require tools to manage document life cycles, and reduce the need
for "human· management. The web site application should notify document owners that a
periodic review is due, and take specified action if the owner does not respond in a timely
manner. Automated worldlow capabilities to document and facilitate content approvals are
also desired . As part of the initial research, the Englewood Web Team will define a
maintenance life cycle schedule for each web site document.
The "database driven· application provided by the selected firm should provide various
templates that City staff can use to manage web content.
E. Web Site Reporting
In order to maintain a quality site that continues to meet City needs, key web support staff
need an accurate, feature-rich, yet easy-to-use web site reporting system. The selected firm
should either provide a suite of standard canned reports as part of the web application, or
recommend a 3rd party package (e.g. WebTrends or a competitor), and help install and
configure ~e package to provide the necessary reporting.
F. Platform Review
The City recently invested substantial resources in network Infrastructure and major
business applications and expects the new web site to fit within this existing, though
evolving technical framework. As such, the City requires the vendor's guidance and
expertise in evaluating the multi-faceted technology platform for a new web presence.
Unfortunately, not all business system application selections involving Internet-capable
interfaces have been finalized at this time . Thus, the associated web architecture
requirements of many of these replacement applications are not known .
Consideration must be given to how internal or contracted external hosting will enhance or
detract from system functionality, security and maintenance costs, particularly in an
increasingly transactional environment. As a combined Microsoft and Solaria site, thought
must be given in an internal hosting architecture. A myriad of other tools such as ASP, SQL
2000, Oracle 9i , Access 2000, VB6 and JavaScript, or upgrades to these products fit into the
mix must also be considered . Evaluation and cooperative work in defining platfomHelated
issues will be key .
G. Maintain Web Site and Network Security
The City requires tools and stringent security methodologies to protect the City's web site
and network against attack . The City currently outsource web hosting and would like to
evaluate with the selected firm (as noted above) the benefits and/or pltfals of this practice
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given future enhancement plans. If internal hosting is deemed desirable, the Contractor will
work with the City's IT staff to thoroughly evaluate security preparedness.
H. Knowledge Transfer and Skills Training
It is expected that the new web design will bring new technologies to the City, as well as
new ways of utilizing existing technologies. The City expects the seleded firm will work
dosely with staff to answer questions and demonstrate component functions. The firm will
also determine training levels required for the technologies implemented in their web
designs, and either provide or recommend training resources for key staff.
The City will maintain and enhance this web site after initial development and
implementation is complete. It is not the City's intent to enter into a continuous maintenance
relationship with the successful vendor for such services, although the City may request the
selected firm to provide non-routine design tasks in the future at the option of the City.
I. Document Conversion Methodology
The selected firm will be required to specify methodologies for conversion of the existing
web site to the new design. The City currently plans to utilize existing staff resources to
convert the bulk of our existing web content where required.
J. Accessibility
Accessible content will be an ongoing design goal for the City. As such, the City wishes to
consider the guidelines of Section 508 of the amended Rehabilitation Act of 197 4 in this
redesign effort.
K. Future Enhancements and Technologies
The City expects i1s new web presence to be a continuous wor1c in progress. In order to
meet future requirements, the City web strategy needs to be flexible in incorporating new
technologies as they become available. Below are some enhancements anticipated for the
immediate future :
1. Implement e-Govemment Applications and Associated Standards: The City desires to
leverage greater efficiency and effectiveness where possible via the deployment of web
services . Examples highlighted in current business system replacement initiatives
include : utility bill inquiry and payment; recreation class registration, park facility
reservation and golf tee times; permit/license application, inquiry and fee processing;
court case actions, fine payment and jury information; library digital card catalog search
and materials reservation . The City is particularly interested in using its new web site as
an ·engine· for economic development initiatives involving GIS, real estate and on-line
permiVinspection technologies to foster business development opportunities.
2 . Electronic Payments: Highlighted in the initiatives above, an immediate concern will be
development of electronic commerce capabilities for collection of charges, fees and fines
among numerous business systems. These transactions will need to interface with the
City's Orade 11 i financial system. The design should allow for the future implementation
of additional e-commerce technologies .
3 . XML: The City would like to evaluate the merits of XML for online data applications. This
standard should be planned for, if not adopted initially. The City expects XML to play an
important roll in intergovernmental networ1cing applications and in other '828'
relationships to be developed over the next few years .
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5. SELECTION PROCESS
Via this RFI, the City is initiating a multi-step procurement process to facilitate the acquisition of
web design services. The process as currently envisioned will it'lvolve the following steps:
• Distribution of a Request for Information (RFI) to the marketplace.
• Evaluation of vendor proposals and facilitation of demonstrations with chosen finalists.
• Vendor selection and negotiation of a best and final offer.
• Award and approval of contract.
The City reserves the right to evaluate qualifications and proposals, to alter the procurement
approach, and to generally make decisions in a manner that is in the best interest of the City.
Tentative Selection Calendar
Date Milestone
Tuesdav, Seotember 2, 2003 RFI distributed
Friday, September 19, 2003: 5 PM MDT DeadHne for all written questions and inquiries from
vendors reaardina the RFI
Wednesday, September 24, 2003 Responses to vendor questions and inquiries
reaardina the RFI communicated
Friday, October 3, 2003: 5 PM MDT Responses to RFI due by 5 PM MDT to the contact
below
Week endina October 24 2003 (tentative) Finalists selected and inteNlews cbnducted.
Week endina October 31, 2003 (tentative) Vendor selected
RFI Evaluation Criteria
The City plans to evaluate the responses to the RFI and make its selection decisions based on
the following aiteria:
• Company Performance and Stability
• Previous Experience
• Proposed Web Design Functionality
• Proposed Web Design Implementation
• Cost Considerations
• 3rd Party Application Requirements
• Support.and Customer Service
• Training ·
• Technical Infrastructure Fit
6. SUBMISSION INSTRUCTIONS
Respunses to the RFI must be submitted in both electronic and hard copy formats. An
electronic version of the response in the Microsoft Word table format preset.ted In the RFI
should be included on electronic media along with seven (7) hard copies of the response by the
aforementioned deadline.
It is the responsibility of the vendor to ensure and verify that both the electronic and hard copy
submissions are received in a readable CX>ndltion by the deadline . !lectronic n,apanses-..-
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expected to be identical to the hard copies. Any differences between electronic and hard copy
responses will result in the preference given to the hard copy version.
The questions in this document were designed to elicit a response -directly from the
consultant/design organization. The consultant/design vendor must submit aH responses. We
will not accept responses from implementation partners, software resellers or any other third
parties.
The RFI response will be accepted only if organized and doam,ented in the Microsoft Word
format prescribed. Blanket references to sales brochures, marketing collateral, white papers,
etc. will not be deemed acceptable responses to the RFI and may be grouids for
disqualification of a vendor. Material supporting the formal responses may be referenced and
attached only if it is directly related to the questions induded in the RFI.
You may include copies of your standard marketing material in addition to your official response.
As specified in the RFI, public companies must also indude a ament copy of their 10-Q or 10-K
statement as well as an annual report or equivalent.
All inquiries, responses, and documentation must be forwarded in writing to:
Don Ingle, Director of Information Technology
City of Englewood, Colorado
1000 Englewood Pllrlcway
Englewood, Colorado B0110-2373
dl~v.orr,
Submission Deadline
In order to be considered, responses to the RFI roost be received no later than 5 PM MOT,
Friday, October 3, 2003.
Contact
All inquiries related to the RFI or the selection process nut be directed to Mr. Ingle in writing no
later than Friday, September 19, 2003, 5 PM MDT. Mr. Ingle w11 be the sole p'*1t d contact for
questions related to this RFI. Contact with any Cly employee or elec:lld offlc:ial regarding this RFI
during the response submission and selection process, olher than the party speclfically
designated above, will be justification for disqualific:ation from oonslderatlon. Questions wiR not
-be answered over the telephone .
Responses to questions will be returned via e-mail no later than the close of business on
Wednesday , September 24 , 2003 . Firms who do not pose questions but who wish to receive
copies of these responses must ensure they notify Mr. Ingle via e-mail no later than 12 PM MOT
on Wednesday, September 24, 2003 .
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6. vr Response Section
Instructions: Please provide the requested Information In the desired format and attach the appropriate documen\8UOl1. UnleA olherwlle apeclfiad,
provide lSISwerB for end of calendar year .
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7 . Describe any special public sector related product
features or functionalitv that vour company offers.
8 . Describe what d ifferentiates your products and
services from the comoetition .
9 . What are the three most signif1C81lt weaknesses
of your products/services and how is your
company addressina them?
10 . Has yaur company or its affiliates, partners,
parents, or subsidiaries ever been disbarred or
d isqualified from a selection process in the past?
(If ves , olease describe. l
11. List any sub-contractors, partners or affiliates that
w m participate in this project if awarded.
Thorouahlv exolain the role of each.
12 . Has your company or its affil iates , partners,
parents, or subsidiaries ever had any legal
j udgments against them during or resulting from a
selection or implementation? (If yes, please
describe.)
13. Is yaur company or its affiliates, partners, parents ,
or subsidiaries currenUy involved with any lawsuits
against them a s part of a selection or
imolementation? Of ves, olease describe.}
C. Previous caand 'YmDII
1. Please provide three (3) public or private sector
client references for which you completed web
design and/or web application development work
sim~ar to that proposed for the City of Englewood.
Provide client contact name, phone number and
address, a brief description of the services
provided (including design functionalities that
-re implemented; site web address) and a brief
summary of the l)(oject implementation schedule
includino ""-live dates .
2 . Please provide up to three (3) municipal
government client references for which you
completed -b design and/or web application
development work similar to that proposed for the
Citv of Enalewood . Provide client contact name.
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phone number and address, a brief description of
the services provided (including design
functionalities that were implemented; site web
address) and a brief summary of the project
implementation schedule including go-live dates .
These references must be different from those
submitted under the auestion above.
List the public sector clients with whom you have
completed contract-based web redesign work in
the last 12 months .
What strategic alliances do you have with 3'" party
software vendors or other organizations that may
be relevant for an entity such as the City of
Enalewood?
Explain why your products and services would be
a good fit for a City organization similar to
Enalewood.
Briefly describe your company's future vision for
its products and services. In what •-.-e your
R&D efforts currentlv focused?
Describe your company's plans for enhanced
oublic sector .,,,_,;fie functlonalitv .
P.rolect Plan ·~ . .., ... , ,.-,.-...-·! ,.
Attach a proposed project plan (in five (5) pages
or less) demonstrating how your company wiN
fulfill the items listed under "General Scope of
Work" and "Objectives". Include in this plan a
conceotual rvniect schedule .
Describe your flfl'Tl 's availability to begin this
project using the procurement schedule provided
herein .
Im tlon 111d T......._ "u
What is the minimum and maximum length of time
required to successfully perform a typical project
of th is nature (official project start to final
acceotance)?
Name and describe the roles and experience of
company staff that would likely be aaaigned to this
proiect. Include an ewnlAnAtion of the
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company team structure, including the proposed
project manager and the relationships among
team members.
3 . What are the typical rotes and associated levels of
effort required of the customer's project staff
during implementation? Desaibe the technical
and functional knowledge required to fulfill each of
these roles .
4 . Describe the various types of implementation
services that your company typically provides
(e .a . data/document conversion, etc.l.
5 . Describe the typical training program for the
proiect team members.
6 . Describe the documentation and training materials
tvoicallv provided In an -t ol this nature.
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1. Attach the proposed project costs required to ·,r
provide a "turn-key" web solution using the
information included in "General Scope of Work"
and "Objectives· (e .g. 5efVices, required vendor
and/or third party applications, etc). Costs
associated with technical Infrastructure (servers,
etc.) can be referenced separately for
informational purposes, but are not intended to be
included in the -b solution costs .
In addition to providing an aggregate cost
proposal, please break the project costs Into
appropriate categories to aid the City In its
evaluatioo (e.g . HTML coding, graphics
development and processing, JavaScript
programming, ASP programming, databale
development, planning and admlniatration, site
design, data/document conversion, licensing
costs, etc.). Each element should be referenced
according to the proposed hours and associated
hourly rates required to complete the individual •
tasks . Please make every effort to logically tie the
cost prnnnsal to the oroiect Dian orovided under
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section D .1.
Final contract size, costs and fees will be
negotiated with the finalist(s). Your response will
be used by the City to begin consideration and
discussion of project scope and costs. It is
desired that the costs be compartmentalized in a
manner that allows the City to model different
service level and oduct o lions.
1. Does your web design solution require licensing of
software developed by your firm? If so, please
describe these vendor-licensed software
components and the licensing methodology.
Please provide copies of all associated software
licensing and maintenance options and provisions
with your response . Ensure that applicable costs
(including 81V1Ual maintenance and/or re-licensing
costs) are included in the respondent's coat
I section F .1 .
2 . Does your web design solution require the
acquisition by the City of third-party softwwe
products? If so, please list them (including
version numbers) and describe these third-party
software components and the licensing and
support methodology (e.g. Are the products
included in the respondent proposal? Does the
respondent provide associated support or is this
obtained from the original developer?) Ensure
that applicable costs se included in the
enl's cost section F .1 .
H.
1. Briefly describe your organizallon'I philolophy
and approach to customer service and explain
how it integrates wilh your approach kif ~term
SU of the web dN' ,
2 . How does cltent cuslomizalion of your dNigr1
and/or bcensed softwse affect the softwse and
maintenance SU CMde?
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3. During live, ongoing operation of the site, what
customer staff roles are typically required to
support the site Itself and the technical
architecture? What Is the typical ongoing time
ci>mmltment associated with each of these roles?
What technical and functional skills are required of
each?
4 . If. providing a packaged design, how do new
product releases affect client cu1tomlzatlons?
5. If providing a packaged design, when Is the next
version of vour rvnnuct due to be released?
I. .... ~--:;; .·• fiV;~"9. +., •c, . -l' . ,;"!"":i1'.JB:~· . ···~>'1:~.t.~~-~, ...... J,f:.•
1. List the most common server platforms on which
your web products are typically Installed and the
number of installations on each platform . Please
include metrics (e.g. number of pages, hit counts,
etc.) that serve as benchmarka In the apeclflcatlon
of these olatforms.
2 . Describe the g--r archlteclural conventions
your firm recommendations for bolh "static" and
"highly transactional sllea". Alloclate this with an
e,cnlAnation or """'r f1r111's beat ll8CUritv ....-....... ~
3 . Describe your firm's e,cperience and approach
facilitating the implementation of externally hosted
sites for public sector clients, partlcular1y In
environments where acceaa to "locar client data
and transaction processing capablities la
required . Describe any site hosting servlcea your
firm orovides.
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EXHIBIT C -STATEMENT OF WORK
1. GENERAL
This document represents the general Statement of Work (SOW) for performing the services to
be provided under the 'Web Site Services Agreement" between the City of Englewood, Colorado
("Englewood" or "the City") and Vision Internet Providers , Inc . ("Vision") dated , 2004 .
2. PURPOSE FOR STATEMENT OF WORK
The purpose of this Statement of Work is to outline the specific web site design and development
services, associated work products and deliverables to be provided by Vision to Englewood as governing
by the governing Agreement; to specify the responsibilities and resource obligations of the two parties in
completing the work; and, to identify payment terms and associated payment and acceptance
procedures.
3. IDENTIFICATION OF BACKGROUND TECHNOLOGY
Vision will develop the website front-end to be compatible with Netscape 4 .7 and above and
Internet Explorer 5.5 and above . The website backend will be compatible with Internet Expl01'81' 5.5 and
above . The website may not be compatible with previous versions. The website will be optimized for 800
x 600 pixels resolution or above. The website will be developed with Hypertext Markup Language
("HTML"), JavaSaipt, and Microsoft Active Server Pages 3.0 ("MS-ASP") interfaced with a database
created in Microsoft SQL Server 2000 ("MS-SOL"). Englewood · understands that the website is
developed to run on a Microsoft Windows 2000 Server using Service Pack 3 ("MS-2000"). Englewood is
responsible for the costs of all software licensing for the aforementioned third-party products.
4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY VISION
Vision shall provide all necessary equipment and programming required to provide the services,
work products and deliverables described in this Statement rl Work.
5. LOCATION OF WORK FACILITIES
Substantially. most project work will be conducted by Vision at their facilities. WhHe performing
work at Englewood facilities, Vision shall be provided meeting and workspace to conduct interviews end
associated work, along with access to office systems for incidental use of the Internet access and for
minor photocopying . However, Englewood shall not be required to provide dedicated office space ,
equipment or system access to complete the work outlined in this Agreement.
6 . OTHER ENGLEWOOD RESOURCES
Englewood shall supply all information, in accordance with its obligations herein, to Vision in
dig ital format including without limitation copy , text , audio files , video files, Adobe PDF files , photographs ,
artwork and preexisting graphics.
7. DESCRIPTION OF WORK PRODUCTS AND DELIVERABLES
A. Weblite Dewlopment
Development cl the Englewood 's website by Vision shall include :
D Altnctjyt Qwgn: A website design that reflects the community, draws people in, end
makes it immediately obvious ,hat the website is the best place to get irlormalion and
access resources on the community .
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EXHIBIT B -VISION INTERNET RFP RESPONSE
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D intuitiye Nayiqation: Easy to find information with the most important information
accessible from the homepage to make ii easier for website visitors .
a Content Management Solution: A content management tool will be implemented to
decentralize the management of content to non-technical staff throughout the City.
D interactiye Components: Finally, interactive components will be implemented to make
the website more engaging and useful for visitors and allow them to qt.ickly focus on the
information most important to them .
Each of these areas are discussed in more detail in the sections that follow:
The Design
Based on Vision's work, the website will have a design that makes It stand out among cities on
both a regional and national basis. It will be inviting, easy to use, and will reflect Englewood's
unique identity. This will be accomplished through the following design characteristics:
D Creative design that incorporates custom design elements with the most important
information easily accessible from the homepage .
D Consistent branding through a professional design theme.
D Fast site navigation and page loading by effectively optimizing graphics for a positive
experience regardless of visitor's connection speed or browser technology.
D Easy to use drop down menus making it easy for visitors to quickly understand navigation
and focus on the information Important to them . Al the same time, because they are able
to quickly scan navigation, they will find additional helpful information.
D Section 508 Compliant making it accessible by persons with disabilities.
The design will also include:
D Breadcrumbs to show the user's current path to let them know exacUy where they are on
the website.
D Use of Cascading Style Sheets to ensure future consistency and separation of content
and design.
Webah Nrnptlon
Vision recommends organizing information by topic and by target users. This Is an approach used
by Vision on many of its government web sites. This makes It easy for visitors to find Information
because content is available through m!Jtiple "paths", making it simpler for visitors to find
information regardess of the way they are most comfortable navigating the website .
This also facilitates City staff's ability to update and maintain content because of Vision 's multiple-
point web-publishing model . The City wiU be able to update content one time, and it is published
to multiple locations throughout the site . This prevents having Inconsistent content while
maintaining maximum usability for visitors .
eon,-,,.,.,.,.,,..,,, Solution
Content management tools alow non-technical staff to add , edit. and cleiete content and to
control who has access to managing different ... of the website . Thia means that City staff can
update announcements, press relealea, document&, newsletters and other publlcallona, even
update or add Meta tags to pages, without knowing how to program . Thia wiH be done through
simple, easy to use administration forms .
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This project will involve implementation of Vision's Microsoft ASP and SQL based content
management tool . The content management tool includes a number of functions that make it
easy for non-technical staff to manage website content. The most important include:
D Customized browser-based administration allows for easy management of content by
anyone versed at using the Internet and able to fill out online forms. There will be no
need for staff to pos'!l8ss programming skills when updating content. This will allow each
authorized staff member to update, add, or delete content; create new pages based on a
template; and insert them within the website's navigation.
D Text Editing Tools based upon standard document creation tools will allow non-technical
staff to edit and format text. They will be able to change font styles, colors, sizes, and
formatting such as bold, italics, and underlining.
D Secure administration offering password protection to content management functions.
Sophisticated tools will allow the granting of management rights to roles that in tum may
be assigned to groups of users. Administration rights can be granted to the entire site or
restricted to specific areas or types of content (i.e. by department).
D Multiple-point Web-publishing will enable administrators to update content one time and
have the changes reflect on multiple pages throughout the site.
D Content Scheduling will save time and resources because content can be setup to
publish ahead of time and to automatically archive when it will no longer be relevant. This
feature applies to content within the Calendar and Job Posting interactive components
listed below.
Included lntenctlve Components
In addition to the creative design, and Content Management Tool, Vision will provide specific
interactive components for managing special types of content and to provide a higher level of
interactivity to website visitors. Site users will easily find the information they need and staff will
easily maintain the site with timely Information . Based on the City's RFI and through analysis of
the City's current website, Vision will implement the following components to address the City's
needs:
D Business Directory a Job Applicant Manager
D Calendar D Job Posting Manager
D Download Central (Document Center)
D Dynamic Homepage
D Image Library
D Notification/Subscription Tools
0 Online Forms (can be used for
service requests)
D Site Search with dtSearch
Below is a short description of each of the components:
Business Directory
The busi ness directory i s an interactive directory of local businesses. Staff can post a business
name, business description along with location and contact phone number, email, and fax
number. It may also indude a graphic for logo or photo. Users can browse an alphabetical listing
of businesses or filter based upon business categories the City defines . The search results will
list all business with business name , description, logo (if available) and contact Information . Staff
can add businesses by filling out the online form and posting the information to the centralized
busi ness directory.
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Calendar
The community calendar Is intended to improve attendance at events and meetings. Using
professional and intuitive monthly layout and filtering capabilities, visitors can easily find the types
of events that are of most interest to them.
Because the calendar integrates with components throughout the site, staff need only enter
content in one place and automatically It is published throughout the site. Staff can easily classify
the information in any way for filtering and retrieving by visitors, thus allowing them to incorporate
all calendar-related events and deadlines into a single calendar. Staff can also attach documents
for download (i .e . a flyer or staff report).
Staff can easily add, delete, or modify events through a simple browser interface and no
programming is required . Events may be automatically deleted or archived to reduce
administrative time and guarantee up-to-date information.
Download Central
One of the main reasons people visit a government site is to get information and download
important documents and forms . With the customized Download Central, users can easily find the
information they need and staff can reduce the printing and distribution costs for all types of
documents, photos, or video clips .
Vision recommends a centralized location for all documents. This allows users to search
documents from a central, categorized location as well as to access the information from pages
<;ledlcated to specific subjects. Furthermore, It is much easier for administrators to manage the
documonts, thus preventing confusing links and ensuring there are not multiple versions of the
same documents throughout the site.
Vision recommends all documents be stored In Adobe Acrobat PDF fom,at to enable everyone to
view documents regardless of platform . However, the City may upload most types of flies
including Microsoft Word, Excel and graphics flies .
Dynamic Homepage
Implementing a Dynamic Homepage Is a cornerstone to creating a successful website. By
incorporating information about upcoming events, and news, vieltors will be drawn Into the most
important and current Information. They are more likely to bookmark the site and visit more often
to see 'what's new.·
Throughout the homepage Vision will incorporate "teasers" where only the beglooing text is
displayed of articles, success stories, news, or Information from any included Interactive
component. At the end of this text will be a link to the full text. This puts a lot d lrtoonallon on
the homepage that draws visitors "deeper" into the website . It may incorporate other dynamic
components like the calendar, a-Newsletter slgnup, and optional quick polls which is avallable
under an adpitional budget.
Image Library
The Image Manager is a centralized place where all images that may be used for pages In the
website are stored . This saves space, as there is only a single version d each Image used on the
website . It provides greater control as staff can restrict the ability to add new images to specific
staff members.
Job Applicant Manager
With the Job Applicant Manager, website visitors can apply for jobs onllne by filling out an
application and submitting It for a specific Job or submitting It for possible future Jobs. The
information is stored in a central database and is available for review and printing from the
backend of the content management tool . City HR staff can generate lists of prospective
employees by filtering applicants by the specific job applied for, the general position they are
interested in, and/or their date of application . Furthermore, they can export the list of Job
applicants for import and manipulation via third-party applications such as MS Excel or MS
Access .
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Job Posting Manager
The Job Board includes common fundions and features, Including the posting of positions with
descriptions, listing of requirements, skills, and salary. Job seekers can browse the categorized
jobs or search for specific positions or jobs requiring specific skills . The Job Posting Manager
features:
D List of open jobs.
D Jobs drop from the list after the dosing date.
D Click on the job title for a detailed description of the job.
There are a few standard fields such as title, salary, and closing date. It will be customized to
have any fields the City desires. Also, during implementatlon staff can add general Information
about working for the City to the bottom of the job description. The City may accomplish this in
this manner or have a link to pages with this information.
Another option that will be mede available is to have the jobs categorized by type of job,
department, or any other type of categorization the City feels appropriate. This type of
customization will be induded in the deliverables.
Notification/Subscription Tools
This component will be used to increase communication. draw In more repeat users, and get
important infonnation out quickly using Vision's e-mail based notices and newsletter tool. Vision's
tool provides an e-mail sign-up box allowing users to add or remove their names from lists to
receive different types of newsletters and notices. Staff can create an unlimited number of
categories and users may subscribe to any of them . Staff is easily able to send the newsletters or
notices to any group in either HTML or plain text formats.
Onllne Forms (can be used for Mrvlce requeata)
As an intermediary step to f~ a-Government appllcations, Vision can build onllne forms users
can fill out as an alternative to downloading a PDF me . Citizens would fill out the form, print It, and
mail it in to the appropriate City department or automatically send It as an emaH to the appropriate
per.;on or department In the case of an email routi ng , the visitor would automatically receive an
email response while the appropriate staff person would receive an email with the lrlormatlon for
follow up. Within the scope of the project are included 10 forms to email, the purposes of which
will be identified and implemented by Vision during the project.
Site Seen:h with dtSNrch
Site users will easily find the specific content they need through the powerful search engine
dtSearch. It will quickly search both HTML pages and documents like Adobe PDF files and
Microsoft Word documents. It will return accurate results and In precise order of relevance to
users. It supports full Boolean key word searches . Alao , In an optional advanced mode
implementation It can highlight the search key words within the pages returned in the search.
Thi s i s third party software provided at no cost to the City that needs to be installed on the site's
web server.
Optlon•l lnflnc:tiw Components
Because Vision Internet creates completely custom solutions, additional features may be
provided to the City as supplemental wor1<. Below is a sampling d other components available.
Because of the flex i bility of Vision's Content Management Tool , the City may add these at any
time i n the future as contact addenda.
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D Capital Improvements Listings D Multilingual Support
D Content approval cycle D MyCity Custom Homepage
a Crime Statistics D News, Notices, and Press Releases
D Donation Solicitation Tool D Official's Comer
a Dynamic Banner Ads D Photo Gallery
a E-Postcards D Printable Pages
D E-Procurement Tool D Real Estate Listings
a Event Registration D RFP Manager
a Facility Rental and Reservations D Service Request Manager
D Field Rainout Status a Online Paym~s
a Forward to a Friend Tool D Sporting League Schedule and
D Frequently Asked Questions Standings
D lntraneVExtranet Section D Staff Dtrectory
D Lost and Found Tool D Staff Only Section
D Link Manager a Survey and Polling Tool
D Media Center a Virtual Tours
D Member Only Section D Weather Update
D Message Board
The Vision lmpMmentlltlo.'1 Procen
Vision's Implementation process consists of six stages. In each, there are formal review and
approval points to give the City f\jl control d the project and ensure the final website completely
meets expectations. This process is explained In the sections below.
Stage 1 Vision Stage: In the Vision Stage, vision will work with the City to create the ultimate
vision for the website now and for the future. The vision places heavy emphasis on the objectives
of the website and how it supports the overall organizational goals .
To create the vision, Vision will :
D Collect and review all content and materials for the new website.
D Prepare and tabulate surveys of key stakeholders .
a Study the City's existing website and the websites of other cities.
D Study examples of other websites the City likes .
D Hold a brainstorming session .
Stage 2 Concept Stage : In the Concept Stage, Vision will aeate the blueprint or plan for
real izing the vision . To do this, Vision win develop the site Infrastructure that includes :
D The categorization d pages and components according to the navigation strategy .
D Creation of a conceptual site map .
D Drafting of a homepage layout .
The Concept Stage will end with the City's approval d the lite map and homepege layout
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Stage 3 Dttalgn Stage: In this stage, Vision's Creative Director will continue with the creative
graphic design for the homepage, based on the approved homepage layout sketch. Vision's
creative ability and expertise will allow development of a compelling graphic design to make the
website look attractive while maintaining its usability. Vision will work very dosely with City staff to
establish a look and feel for the website that reflects Englewood's unique identity.
Website/Graphic Design will include:
D Graphic Design with up to three (3\ homepage desjgn concepts to establish direction.
D Design of custom icons, buttons, screen elements, and backgrounds.
D Efficient and streamlined navigation and site architecture.
D Optimization for speed.
D Consistent graphics, structure, and navigation design.
Towards the end of this stage, Vision will present final design concepts for City approval. The City
will select one for implementation in the new website.
Stage 4 Development Stage: This stage includes the interior page design and programming the
website according to the approved specifications and creative design. Vision's Creative Director
will facilitate development al the sub-level page design. The City will approve the sub-level design
before Vision starts programming the pages. Vision will develop a streamlined migration strategy
to move the content from the current site to the new site. This ensures uptime during the
transition. lnduded in the scope of the project is the migration al up to 450 pages. Based upon
Vision's experience plus thoroughly review of the City's website, Vision believes this will enough
to convert the existing website.
Stage 5 Quality Assurance and Documentation Stage: While quality 888Urance is an integral
part of every siege of the project, in the Quality Assurance Stage, Vision will do extensive testing
and reviewing al the website code. Vision will thoroughly follow an exhaustive checklist al all
pages and functions created during the development stage. The City wlU 8811ign a staff
representative to participate in this process to verify the site ful!Rls the expectations for the
project.
Vision will then make any necessary changes or fixes making the site ready for launch .
Documentation is prepared for City staff on using and maintaining the webllte. Vision wlH also
provide a training manual for future reference .
Tha stage is complete with delivery al the training manual.
Stage 6 Launch Stage: In the Launch Stage, the website is moved to the production server.
Vision will again go through the final quality assurance process ensuring the site copies correctly
and is working as expected on the new server . After the City approves that tha website is ready to
launch, the website will be made available to the public. Vision will continue to monitor the
website over the next three months and make sure that the entire site is functioning properly.
B. Other Services
At the City's discretion, and beyond the initial development al the website, Vision is able to
provide ongoing website hosting and maintenance services as an addendum to this Agreement.
Vision's hostjng seryjces include :
• T3 bandwidth (over a 100 Mbps digital line)
• Power failure equipment including battery backup
• Redundant generator backup
• Microsdt IIS, SQL and Oracle support
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• Full dlmate control
• Cisco routers and redundant Dell servers
• Security acceas via ID, palm scanner, and key card
8. PAYMENT SCHEDULE
A. Vision agrees to perform the work described herein at a firm, fixed price of $47,815.00.
(a) En glewood agrees to pay Vision as follows:
(i) An Initial payment equal to 20% of the total coat;
(II) A payment equal to 20% of the total cost upon Englewood approval of the site
map;
(Iii) A payment equal to 20% of the total cost upon Englewood approval of the
homepage dellgn comp;
(Iv) A payment equal to 20% of the total cost upon completion of the website and
Englewood approval .
(v) A paym8lt equal to 20% of the total cost following the 30-day Uve operational
acceptance-testing period described below.
B . Vision shall provide the City the option of webllte hoeting and database hosting, at no
coat, on a shared server rHost1ng") for a period rA three months commencing on the date
of the website launch. Subjecl to the execution d a contract addendum by both parties,
hosting after the first ttvee months will be blled to Englewood at the rate c:l not greater
than $200 per month for a mlnlm1n1 d nine months.
Vision shall provide, al no charge, monlhly wabslte maintenance and updates
("Maintenance") for up to three hol.n each month for a period d three months
commencing on the date d the webllte launch. Maintenance beyond three hours per
month In the first ttvee months la IUbject to axeculon d a contract addendum.
I . ACCEPTANCE AND TESTING PROCEDURES
For a period of 30 calends days following the date the new wabslte dellgn la Installed for public UN,
the Acceptance Testing proceaa will take place.
Testing wi N focus on :
• Ensuring effective website performance in the envlrorment proaatbed In Section 3 of this
Statement of Work through ldenllflcation and remediation of apeclflc system errors or
compatibility problems auoclated with the system COl'l1')0lientl ducrlbed therein.
• Ensuri ng that the website and aaoclated componenla diaplay conutent load and execution
performance within the general expedationl of VIiion's oli. cualDfner webllt• developed
with simll• tools, purpoMS and for llmll.-operllllng environments. ThNe teats wlU
acknowledge thal lit8 pe,forrnanc:. wll focus on progrwnrnallc alemenll of the delign, and
nol variables aaocilled with hoet or client system performance vartab!N.
• Specific testing of the induded Content Managemenl Solullon and lntaraclve Componenls
delcrlbed In Section 7 of this Stalement d Wort. ~ thalr fundlouallty l'9lalve lo the
specifi cations and performance llalarMnta lnduded hMln.
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IN WITNESS WHEREOF, pursuant and in acoordance with the Web Site Service Agreement"
between the parties hereto dated , 2004, the parties have executed this
Statement of Work as of this __ day of , 2004
City.of Englewood
By: ___________ _
Title :-------------
Vision Internet Providers, Inc.
By: 4-€=---7
Title: p,.,.c.lc.-"~
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EXHIBIT D -PIIOJaCT SCHIDUU
PROJECT SCHEDULE
The following table shows the expected development and launch schedule along with
key deliverables/milestones.
-5Weeks
-4Weeks
-4Weeks
-&Weeks
-3Weeks
otal estimated time to launch 15-26W .. ka
* The schedule may vary depending on optional components, your needs, and
participant decision times.
City of Englewood Vision lnlamet Provlden, Inc.
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COUNCIL COMMUNICATION
Date Agenda Item
Ma y 17, 2004 11 a i
INITIAilDBY STAFFSOURO
Subject
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Southgate Supplement #156
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at its May 11, 2004 meetin& recommended Council approval of a Bill for an
Ordinance approving Southgate Supplement #156.
BACKGROUND, ANALYSIS, AND ALilRNATIVES IDENTIFIED
Th e City of Englewood provides sewage treatment to a population of about 70,000 people outside the City
thro ugh contracts with numerous connector districts. The area is defined by the natural drainage and
ex tends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave.
excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be
served by the districts. These are usually in-fill situations that are within what the City considers to be the
area it has c ommitted to serve. Adequate capacity has been provided in the treatment plant to
accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap
a ll ocation o f the Southgate Sanitation District
A re que st wa s made by the Southgate Sanitation District representing the owner, Guy Cook, for inclusion
into th e So uthga te Sanitation District Supplement #1 S6 is for Lot 2, Village Hill Subdivision for an area that
is 2.53 acres. The lot is presently and will continue to be used for a single-family residence. The legal is
attache d as Ex hibit A. The property is located north of Orchard, west of Monaco and east of Colorado
Bl vd . in Greenwood Vill age. Th e address is 54 20 S. Col o rado Blvd .
FI NANCIAL IMPACT
o ne .
LI ST OF ATTA C HMENTS
Bill for Ordinance
So uthgate Sani ta tion Dis tr ict Suppl e me nt #1 56
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ORDINANCE NO.
SERIES OF 2004
BY AUTHORITY
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ODUCED BY COUNCIL
MEMBER~~~~~~
AN ORDINANCE APPROVING SUPPLEMENT NO. 1 S6 TO THE SOUTHGATE
SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF
LAND WITHIN THE DISTRICT BOUNDARIES.
WHEREAS, Southgate Sanitation District recommends the inclusion of
approximately 2 .S3 acres into the District; and
WHEREAS, said inclusion is located at S420 South Colorado Boulevard in
Greenwood Village; and
WHEREAS, the zoning of this property in Greenwood Village is for Residential
Zoning and contains a single-family residence and the proposed use is to remain the
same; and
WHEREAS, said annexation of this additional parcel of land will not increase the tap
allocation to the Southgate Sanitation District; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of
Supplement No. 1S6 to the Southgate Sanitation District at its May 11, 2004 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Agreement between the City of Eqlewood and Southpte Sanitation
District entitled "Supplement No. IS6, to Connector's Agreement", which includes
2.53 acres located at S420 South Colorado Boulevard in Greenwood Villqe, is hereby
accepted and approved by the Englewood City Council. A copy of said Agreement is
attached hereto as "Exhibit l" and incorporated herein by refemice.
Sectjon 2. The Mayor and City Clerk are hereby authorized to sign and attest,
respectively , the said Agreement for and on behalf of the City Council and the City of
Engl ewood, Colorado.
Introduced, read in full , and passed on first reading on the 17th day of May, 2004.
Publi shed as a Bill for an Ordinance on the 21st day of May , 2004.
Douatu Garrett, Mayor
ATT EST :
Loucri shia A . Elli s, City Cleric
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SUPPl.ElmfT NO.~ TO CONNECTOR'S AGReEIENT
ntll AGREEIENT, medcil and enl8red into by and a.-. the CITY OF
ENGLEWOOD, acllng by and through la duly aulhorimd Mayor and Cly Clelk. hei•..-
called the "City,• and SOUTHGATE SANTATION DISTRICT, Arapahoe and Dougla
Cow1tle9. Colorado, hereinafter caled the "Dlalrlct, •
WITNESIETH:
WHEREAS. on the 20lh day ot .iw., 1981, .. Cly and .. Oillrict nanid
1nm., Agr9anant in which the Cly agreed lo .... NWllga orlgilallrlg from the Dillrict'S
~ --ayaam wllhln the ... Nlwd by .. Dlllrtct. which ~It-moat
~ r-..wld by Connec:D'I Agr9anant daed Ncwanber 18, 1-; and
WHEREAS, uld Colwiec:IDr's ~ provides that !hit clatrtct may not
enlarge ill a.'<rice ... wi1!,out .. wrltllln consent of the City;
NOW, THEREFORE, in considaralion at the mu1u111 -•Ila and
111""ideii..t.1akil.i.;· .... -herein lfJt faith. the partial agr98 -follows :
1 . The City her8by cona.ita to the inclulion of certain addlllonal -
locaad in Arapahoe County. Colorado, OM18d by Gu, Cool! and more July dNmlbed on
Exhibit A llllached herelo and i~ herein by l'lllerwlca, nm Scuhgal Sanllallan
Diltrict The Cly agrNI that uid addillonal ... may be Nlwd will! the -facillllel
of the Diltrict and that the City wll 1r911t lhe NWage dllcharged nm the City's trunk lne
from said addillonal .... al in acconianc:e wilh the Connedor'1 AQl--,t daed
November 18, 1•. Accoldingly, Exhibit A nifemld to in Pll'llgl'aPI 1 of the ColwliiCb'I
Agreementdalld NcMmber 18, 1•. ii hereby~ ID inc:klde IUCh --..i ..._
2. Each and .-y oChar provillon of the lllid Colwiaetor'B ~It
dalld MNov9!...,.,..m,1,lber-18, 1881, lhall iwnain ialdlalgld.
IN WITNESS WHEREOF, the parties 118" sat 1halr handa and ..... 1h11
_day of __ , 200_.
ATTEST:
CITY CLERK
(SEAL)
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By: ________ ..;.._
IIAYOR
SOUTHGATE SANITATION DISTRICT,
ARAPAHOI! ANO DOUGLAS COUNTIES.
COLORADO ~
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PRESIDeNT
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I, Loucrishia A. Ellis, City Clede 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 17th day of May, 2004.
Loucrisbia A . Ellis
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COUNCIL COMMUNICATION
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DATE : AGENDA ITEM SUBJECT :
M ay 17, 2004 11 a ii Temporary moratorium on the
enforcement of 16-5-5-E (2)
Farmers Market
INITIATED BY STAFF SOURCE :
Community Development Department Robert Simpson, Director of
Community Development
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
There has been no previous action taken by City Council pertaining to a temporary moratorium for
Farmers Markets.
RECOMMENDED ACTION:
Staff recommends that City Council approve a Bill for an Emergency Ordinance establishing a
Tempo rary moratorium on enforc ement of Section 16-5-5-E (2 ) Farmers Market for a time period of
6 months, or until Section 16-5-5-E (2) has been amended .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED:
Section 16-5-S -E(2) of the UDC limits the duration that a Farmers Market may operate to one day
per week per site during the period from June 1 to October 31 , and restricts the hours of operation
from 6 :30 a.m. to 2 :30 p .m. including set-up and clean-up .
A contract between the Englewood Environmental Foundation (EEF) and the current Farmers
Market vendor, Brian Verbeck of Mile Hi Coffee, proposes that the Farmers Market take place two
days p er w eek at CityCenter; Saturday morning, and Thursday evening. Mr. Verbeck would like to
b egin o p erating the Saturday morning Farmers Market as soon as possible. The Thursday evening
Fa rm ers M ark et is proposed to begin operating Jun e 17w. to coincide with the Sounds of Summer
Conce rts at th e CityCenter Englewood Amphitheater. The proposed agreement conflicts with the
term s of Sec tion 16-5-5-E (2) of th e Englewood Municipal Code pertaining to both the duration and
ho urs the Fa rme rs Market, can op era te. A s a resu lt, th e Farm ers M arket c ould not operate on
Th !,J rsd ay eve nings .
C urren tl y, staff is preparing an Ordinance amendment to present to the Planning an d Zonin g
Commissio n fo r recommendat ion to City Council amending Sect ion 16-5-5-E (2) of the U D C to
all ow a Fa rm ers Market to operate two days per week and to modify the hou rs of op eration . The
sc h edul e fo r approval of thi s amendment w ill req uire between 4-6 months to c omplete.
FINANCIAL IMPACT:
Es tab li sh ing a temporary m ora toriu m w ill have no fina ncia l im pact.
LIST OF ATTACHMENTS:
Proposed Bill fo r an Em erg ency Ordinanc e
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ORDINANCE NO.
SERIES OF 2004
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 28
INTRODUCED BY COUNCIL
MEMBER ------
AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION
OR MORATORIUM OF TITLE 16, CHAPTER 5, SECTION 5, SUBSECTION (E),
NUMBER (2), PARAGRAPH (c), OF THE ENGLEWOOD MUNICIPAL CODE 2000,
PERTAINlNG TO FARMERS MARKETS FOR A PERIOD OF SIX MONTHS.
WHEREAS, currently farmers markets may operate one day per week per site
during the period of June I to October 31; and
WHEREAS, the current provisions and procedures related to farmers markets are
too restrictive and need to be updated; and
WHEREAS, City Council bas directed staff to review and revise, if necessary, the
provisions and procedures with respect to farmers markets; and
WHEREAS, staff will need sufficient time to review and coordinate the provisions
and procedures of the Englewood Municipal Code; and
WHEREAS, Council deems it necessary to coordinate the review and finds it
appropriate to cease enforcement until the review and revised procedures are reviewed
by the staff and City Council; and
WHEREAS, in order for the City to comply with the arguments made in
Or Limited vs. Cjty of Ena)ewood, Case No. A86CVl243, the moratorium or
temporary suspension must apply to all farmers markets unless specific exemptions can
be legitimately set forth due to a finding that a specific type of farmers markets should
be excluded; and
WHEREAS, the revisions will help protect the public health, safety and welfare of
the City in providing municipal se.rvices; by maintaining a sound balance between
available public resources , facilities and services and the demands for such services; and
pre serving a safe, healthy , and sound environment within the City; and
WHEREAS , the City Council finds that a six month moratorium or temporary
suspension is necessary to implement the revisions ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO , THAT :
Sectjon J. The City Council finds the provisions of this Emergency Ordinance arc
temporary in narure and penains only to Title 16, Chapter 5, Section 5, Subsection
(E), umber (2), Paragraph (c), of the Englewood Municipal Code 2000, for a period of
s ix month s .
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Section 2. The Englewood City Co1mcil directs City staff to develop appropriate
recommendations to Council, to be consistent with this Emergency Ordinance and to
collect information and work closely with the Englewood community to revise zoning
regulations, which protect the interests of the community.
Emergency 3. The City Council finds and determines that an emergency exists and
that passage of the within Bill for Ordinance is necessary for the immediate preservation
of public property, health, peace and safety, and said Bill for Ordinance shall be effective
upon publication following final passage.
Introduced, read in full, and passed on first reading as emergency ordinance on the 17•h
day of May 2004 .
Published as an Emergency Bill for an Ordinance on the 21st day of May, 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 the Emergency Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 11b day of May, 2004.
Loucrishia A . Ellis
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COUNCIL COMMUNICATION
D ate Agenda Item
Fe
May 17, 2004 n
Initiated By Staff Source
D epartm ent of Parks & Re c reation Dave Lee, Manager of Open Space
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Council approved a contract for the installation of Landscaping on Santa Fe and West Hampden
Ave. by motion on October 7, 1996.
• Council approved a contract for the maintenance of the medians by motion on July 20, 1998.
• Council approved an IGA for maintenance of landscaping with the City of Sheridan, Council Bill
No. 42, Ordinance #51 on August 3, 1998.
• Council approved an IGA for the Watering of Landscaping Along the Santa Fe Corridor, Council
Bill No. 5, Ordinance #9, on February 17, 2004.
RECOMMENDED ACTION
Staff re commends Council award, by motion, a maintenance contract in the olfflount of $5;070.00 1 to Jim 's Pride Landscaping & Maintenance, Inc. for "South Santa Fe Or., Hampden Ave. and
Broadway landscape Maintenance•. 'Staff has reviewed the qualifications and work of Jim's Pride
Landscap ing & Maintenance, Inc. and finds them to be the lowest technically acceptable bidder.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e Cities of Englewood, Sheridan and Littleton identified the need to enhance improvements along
th e South Santa Fe corridor. The Tri.Cities group was formed to implement these improvements.
Th e first phase of landscape installation was completed in August 1997. A one year maintenance
wa rranty pe riod was included as part of the initial installation.
In O c t ober 2000, Council approved a change to nighttime median maintenance in order to reduce
traffic bac kup and ci tizen complaints .
In March 2003, the City of Englewood !;:o nti nu ed with th e mai ntenan ce for o nly the portions o f
landscaping within the City.
FINANCIAL IMPACT
Sufficient funds were budge t ed fo r and approved by Council in the 2004 Parks Expenditure Budget
for median maintenance .
LIST OF ATIACHMENTS
Bid Tabulation
Contrac tor's Statement of Qualifications
Con tra ct Fo rm
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SOUTH SANTA FE DR., HAMPDEN AVE., AND BROADWAY MEDIANS
LANDSCAPE MAINTENANCE BID PROPOSAL TABULATION
APRIL 15, 2004
2:00PM
Bidder / Plan Holder B ... Bld Bond Remarks
r,
1 VALLEY CREST $103,581 .40 y
2 JPL, INC . $55,070.00 y
3 AMERICAN CIVIL CONSTRUCTORS $69,696 .00 y
4 TP ENTERPRISES, INC . $158,600.00 y CalhWs c:ll9Ck for Ille bid bond
5 WESTERN STATES RECLAMATION
LOW BIDDER: JPL Inc.
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CONTRACTOR'S STATEMENT OF QUALIFICATIONS
PROJECT: SOUTH SANTA FE DR., HAMPDEN AVE., ANO BROADWAY MEDIANS
LANDSCAPE MAINTENANCE
INTRODUCTION
STATEMENTS DUE NO LATER THAN : 5:00 PM. MARCH 26. 2004. Please deliver 3 copies of
the completed Contractors Statement of Qualifications to the City of Englewood Public Works
Dept.
The City of Englewood requires the following Prequalification Statement from all prospective
Landscaping Contractor bidders.
The following iniormation will be used to evaluate the qualifications of Contractors who wish to bid
on this project. This information is not intended to restrict competition . The intent is to protect the
City 's interests by insuring that Contractors are competent, capable of quality work, and financially
able to complete the work they may be awarded.
The City will consider prior performance on similar work in assessing the Contractor's ability to
complete the proposed contract.
Any additional information the Contractor feels is pertinent or which clarifies items below may be
attached .
The City anticipates a maximum of six (6 ) Landscape Contractors will be selected for the
prequalified bidders list.
This qualification statement is for Landscape Contractors, however, the City of Englewood
reserves the right to reject or disqualify any subcontractors who the City believes is not qualified to
perform the work . A list of all major subcontractors and suppliers will be required with the bid .
PROJECT SCOPE ANO SCHEDULE
Maintenance of existing landscape medians on Santa Fe Dr. ( Upan Or . to Big Ory Creek ),
Hampden Ave . ( Broadway to Jason ), and Broadway ( Yale to Quincy ). Key elements include :
• lrngation system start up and shut down, monthly system checks and emergency
repairs .
• Mowing , fertilization, and weed control for turf areas .
• Pruning , weed control, pest control. and trash removal or all tree / shrub beds .
• T raffic C.:mtrol or all median areas .
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Pre-qualification Statements due :
Short List of Contractors:
Bid documents available :
Pre-Bid Conference:
Bid Opening:
Council Award:
Begin Contract Maintenance :
GENERAL CONTRACTORS MINIMUM QUALIFICATIONS
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March 26, 2004
April 1, 2004
April 1, 2004
AprilS,2004
April 15, 2004
May 3, 2004
May 17, 2004
The City of Englewood has set the following MINIMUM QUALIFICATIONS, which a Landscape
Contractor must meet in order to bid this project. These qualification documents and interviews
will be used to determine which Contractors are allowed to bid. The City of Englewood will be the
sole judge of a Contractor's qualifications, and its decision shall be final.
• The Landscape Contractor must have been in business as a Landscape Contractor within the
state of Colorado for at least five (5) years.
• The Landscape Contractor must have demonstrated experience with similar median landscape
maintenance projects .
• The Landscape Contractor must have previous job references that show good past
performance and workmanship .
• The Landscape Contractor may be required to show past financial stability and present
financial capacity to complete the project.
ORGANIZATION
• Companyname: Jim's Pride Landscaping & Maintenance, Inc. (JPL, Inc.)
Contact person for this project: James Lynch or Brandon Garnett
Addreu: 2170 s. Platte River Dr.
City : Denver, Colorado 80223
Telephone/Fax : (303) 948-6488/(303) 783-1.399 fax
• How many years has the Contractor been in business as a Landscape Contractor? 9 Yrs
" How many years in business under its present name? Inc. for 7 Yrs
• Under what other former name has the Contractor operated'? n/ a
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• · Type of business organization:
Sole Proprietorship
Partnership
Limited Partnership
Joint Venture
x Corporation State in which incorporated Colorado
• Date your organization was formed: March 3, 1997
• Name of President or Owner: James o. Lynch III
• Name(s) of partner(s):
• List the proposed key staff for this job, including brief biographical information indicating the
number of years of similar experience, and years with your company.
See Attached
• List the categories of work that your organization normally performs with it's own forces.
See Attached
LICENSING
• List juri sd ictions and trade categories in which your organization is legally qualified to do
business. Indicate registration or license numbers where applicable .
Grounds Maintenance -All Jurisdictions
Landscape Installation -All Jurisdictions
Irrigation -All Jurisdictions
Snow Removal -All Jurisdictions
EXPERIENCE
& Chemical Application -CO
Licensed by State (attached)
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• The City is especially interested in projects you have completed that dosety approximate this
one.
• Attach a list of all similar projects in which you were involved during the last five (5) years. For
each project indude:
-Owner/address/telephone.
-Project name.
-Project description.
-Your position or capacity on the project.
-Original contract bid amount
-Architect/Engineer/Construction Manager/telephone .
-Litigation, administrative proceedings. or daims related to the project in which
you were involved including the nature of the daim, the parties, the dollar value
and the outcome .
• Attach a list of all projects you are currently involved in . For each project include the
information required above .
• State the average annual amount of landscape work performed during the past five (5) years .
• List any criminal charges. OSHA, or EPA violations .
N/A -None
REFERENCES
• T rade References :
See Attached
• Ban k References :
We lls Fa r g o Ba n k
5601 S. Broa dway
Littleton , CO 80121
(303) 730-5363 -Tom Franc is
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• Name and address of bonding company and agent
Olson & Olson
P.O. Box 1467
Englewood, CO 80150
Mr. Mark Sweigart
FINANCIAL STATEMENT
• May be required of successful bidder.
SIGNATURE
• Date : March 2 4, 2004
• Name: James D. Lynch . III
• Position President
• Name of organization : Jim's Pride Landscaping & Maintenance, Inc.
• Address : 2170 s. Platte River Dr.
• City/State/ZIP : Denver, co 8022 3
• Phone/Fax: ( 303) 948-6488/ ( 303) 783-1399 fax
The bidder agrees to execute a release , which permits the City complete and candid access to
pre vi ous project information to include conversations with previous owners and access to owners'
fi les on those projects .
BE ING DULY SWORN , THE UNDERSIGNED CERTIFIES THAT THE INFORMATION
PROVIDED HERE IN IS TRUE AND SUFFICIENTLY COMPLETE SO AS NOT TO BE
MISLEADING .
Signature--=--=f?t_J. ___ rf_:Jt--____ _
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Jim 's Pride Landscaping & Maintenance, Inc.
Attachments
Proposed Key Staff:
tvlr. James D. Lynch, lII
President/Owner
13 + years Experience
9 years w/ JPL. Inc.
rvlr. Brandon Garnett
Operations Manager
9 years of experience in the Landscape Industry
4 years w/ JPL. Inc.
rvlr. Jesus Rivera
Irrigation Supervisor
20 years of experience in Commercial Irrigation
4 years w / JPL. Inc.
Mr. Ignacio Morales
Field :'vlanager
4 years of experience as Job Foreman
4 years w/ JPL. Inc.
Mrs . Kelly Cooper
Office '.'vlanager
18 years of experience in Office Management
2 years w/ JPL. Inc.
Categories of Work normally performed with our own forces:
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JPL. Inc . performs all work with its own forces with the exception of snow removal.
Including but not limited to :
Grounds Maintenance -Commercial
Land scape Installation -Commercial
Irrigation Installation & Repair -Commercial
Chemical Application -Commercial
Snow Remo val -Commercial
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Jim "s Pride Landscaping & Maintenance, Inc.
Attachments
p p . ast ro1ects o cs· ·1 Sc 1m1 ar ope:
DATE PROJECT DESCRIPTION
3/02-Highlands Right of Ways
10/02 Ranch Metro
District
3/03 -Highlands Right of Ways &
10i03 Ranch Metro RID
District
l /03-Roxborough Landscape
12/03 Village Metro Maintenance
District
4/03 -Centennial Grounds
10/03 Water& Maintenance
Sanitation
District
4/02-City of Median
10/02 Littleton Landscape
Maintenance
4/03 -Highlands Grounds
3/04 Ranch Maintenance
Business Parle
4/03-Southwest Grounds
10/03 Plaza Maintenance
POSmON BID TELEPHONE
AMT.*
Contractor 135,000-303-791-2710
150,000 Jerry Hunter
Contractor 145,000-303-791-2710
160,000 Jerry Hunter
Contractor 65,000-303-779-4525
75 ,000 Dave Yamada
Contractor 30 ,000-303-791-7182
50.000 Jim Adanirnson
Contractor 24.000 303-795-3766
Dave Flaig
Contractor 65.000-303-791-8180
85.000
Contractor 35.000-303-973-5300
50.000 Ron Mover
Note : Bid amounts are approximate. Additional past projects can be provided on request .
No Litigation. proceedings or claims.
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Jim's Pride landscaping & Maintenance, Inc.
Attachments
C urrent p ro1ects o rs· ·1 s 1m1 ar cooe:
DATE PROJECT DESCRIPTION
03 /04-Highlands Right of Ways &
10/04 Ranch Metro RID
District
1/04-Roxborough Grounds
12/04 Village Metro Maintenance
District
4/04-CenteMial Grounds
10/04 Water& Maintenance
Sanitation
District
4/1/04-Highlands Grounds
3/31 /04 Ranch Maintenance
Business Park
4/04-Southwest Grounds
10/04 Plaza Maintenance
POSmON BID TELEPHONE
AMT.*
Contractor 100.000-303-791-2710
110,000 Jerry Hunter ·
Contractor 65 ,000-303-779-4525
75 ,000 Dave Yamada
Contractor 50,000-303-791-7182
80,000 Jim Adanunson
Contractor 65,000-303-791-8180
85.000 Michele Miller
Contractor 35.000-303-973-5300
50.000 Ron Mover
Note: Bid amounts are approximate. Additional proJects can be provided on request .
No litigation. proceedings or claims.
Average Annual Amount of Liandscape work performed for pa.st 5 years:
Average $650.000.00
Trade References:
Lesco
303-781-8020
Horizon
303-934-3200
t..:nited Greenmark
303-922-6392
Pro Irrigation
303-934-5606
Additional references can provided on request.
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Colorado Department of Agriculture
Division of Plant Industry
700 Kipling Stree.t, Suite 4000 ·
Lakewood, Colorado 80215-5894
(303) 239-4140
COMMERC:IAL APPLICATOR BNDORSJDIENT
License Number: lllSB
Date Issued: 01/23/2004 Good Through: 12/31/2004
Mai ling Address Records Address
JI:-1 ·' S PRIDE LANDSCAPING AND MAINTENANCE, INC
2170 S. PLATTE RIVER DRIVE 2170 S. PLATTE RIVER DRIVE
DENVER, CO 80223 DENVER, CO 80223
Doing Business As Name(s) (OBA)
JPL, INC.
Concact : JAMES D. LYHCH
Insurance Expires, 05/20/2004
Phone : (303) 948-6488 Aerial : N
This endorsement is valid for the following categories ONLY,
Agricultural:
Ornamental :
Structural :
None
206
None
Qualified Supervisors
~ Last Name
05043 NORTON
License Categories: 206
II
First; Name Ill Lie. Expirea
KYLE T. 03/15/2006
COPY
Page : 1
~~ Call to order 1.
2.
3.
4.
Invocation
Pledge of Allegiance
Roll call
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5. ~h~
CC ~inutes (//r,fJ.., ,~.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, MAY 17, 2004
7:30 P.M.
Englewood Civic Center -Council Chambers
1 000 Englewood Parkway
Englewood, CO 80110
~'fS:1Jf
3. Pledge of Allegiance. ~
4. Roll Call.
5. Minutes.
~-{) M;n"t~ fmm th, Reg"'" Oty Co~d meeting of May 3, 2004~
6. Scheduled Visitors. (Please limit your presentation to ten minutes.)
Ir
\l~;kc~1~1!t);to?11J~ltk~~~utes.)
Communications, Proclamations, and Appointments.
~ A_ lett e.r from Do~othy f:.~a.rtinez.indjcating her resignation from the Englewood Liquor
-C./ Li censing Authority. ~
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'&Ji b . A letter from James M . Johnson indicating his resignation from the Englewood,S':J~L--_ (JJ)Vf fj;., Q Enforcement Advisory Committee and the Englewood Election Commission. VII~,
Id Al. J/. c. v Proclamation declaring Ju~e }' 200~ as ~e-cial ~mpics Colorado La~ ~nf~~ment Torch c;,rl.f./ RunDayinEnglewood. /ZJ~-~~
9 . '"ff"• (No P"bllc Hearing Sch•d"l,d) ~~
Pf ease no te: If yo u hav e a disability and need auxiliary aids or services, please notify the City of Englewood (303 ·
762-2 405) at leas t 48 hour s in advan ce of when services are needed . Thank you .
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Englewood City Council~Agenda /. y (
May I 7, 2004 {fl
Page 2 -} /1'1 f1 , ~ , · -· ?-ru1
10. Consent Agenda . J{) {r" / -/ J
a.
b.
Appro?Ordinances on First Reading.
Approval of Ordinances on Second Reading .
Council Bill No. 23, authorizing an Intergovernmental Agreement with Arapahoe
Community College/Arapahoe-Douglas Career and Technical School to build a
single family residence at a location to be determined in the vicinity of 2399 W.
Wesley Avenue.
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!Jilli-&iii.
Council Bill No. 24, authorizing the sale of 4673 S. Grant Str~et, 23S7 W. Wesley
Avenue, and 2399 W . Wesley Avenue.
Council Bill No. 25, authorizing a Subordination Agreement between Colorado
Historic Fund Revolving Loan Fund, Colorado Preservation, Inc., and the City of
Englewood for the rehabilitation of the Skerritt Property.
c. Resolutions and Motions.
i. Recommendation from the Information Technology Department to approve, by
motion, a Web Site Services Agreement for web redesign and web infrastructure
lnipfoVefnents. Staff recommends awarding the contract to Vision Internet
Providers, Inc., in the amount of $47,815.00. STAFF SOURCE: Don Ingle, Director
of Information Technology.
11 . Regular Agenda . J_
a. Approval of Ordinances on First Reading. 3 /~· ,-
!ti},; d i. Council Bill N<_>. 27 · Rec.:ommendation from the Utilities Department to ad~pt a lltl!:J
"f f ~ --o lot an ordinance approving Southgate Supplement #156 for inclusion of 5420 s. J ~ I~~
Colorado Boulevard into the Southgate Sa itation District. ST RCE: f'-AIN,..":.,
)~ Stewart H . Fonda, Director of Utilities. ~
ii. Council Bill No. 28 -Recomm enda tion from the Departmen ommunity
f • .,,, Q Development to adopt a bill for an emergency ordinance authorizing temporary
lf suspension of sections of the Englewood Municipal Code pertaining to allowed
C) / 1/) ~a?' hours an d days of operation of Farmers Markets in the City of Englewood. STAFF
:)'fV -'1C> SOURCE: Robert Simpson, Director of Community Developmen~
b . Approv~dinances on Second Reading .
Pl ease not : If you have a disabWity and need auxiliary aids or services, please notify the City of Englewood
(3 03 -7 62 -2405) at least 48 hours in advance of when services are needed. Thank you. _______ __,
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Engl ewood City Council Agenda
M ay 17, 2004
Page 3
cv()~·esolutions and Motions.
Recommendation from the Department of Parks and Recreation to approve, by
motion, a contract for Landscape Maintenance along Santa Fe Drive, Hampden
Avenue, and Broadway. Staff recommends awarding the bid to the lowest
/ I IJ-:'li.U technically acceptable bidder, Jim's Pride Landscaping & Maintenance, Inc., in the
'11 f1'! I amount of $55,070.00. STAFF SOURCE: Dave Leta Manager of~
12 . General Discussion .
a . Mayor's Choice.
b . Council Members' Choice.
i. Keep Englewood Beautiful Golf Tournament
13 . City Manager's Report.
14. City Attorney's Repo~
Adjournment r-; : 57J
The following minutes were transmitted to City Councll between April 30 and May 13, 2004:
• Non-Emergency Retirement Board meeting of February 10, 2004
• Off-Leash Task Force meeting of March 30, 2004
• Non-Emergency Retirement Board Special Meeting of March 31, 2004
• Englewood Public Library Board meetings of March 9 and April 13, 2004
• Englewood Cultural Arts Commission meeting of April 7, 2004
Plea e note: If you ha e a disability and need iUJUMfY aids or MMCet. s--,.,. ltie C1ey al Enalewood
(303-762-2 405 ) a1 lei1SI 4& hour$ In adv.ice al when MrVices are needed. Thlllk
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