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HomeMy WebLinkAbout2002-12-02 (Regular) Meeting Agenda Packet... •• . ·.,,·· •• . • .. ·• ·• • ... · ..... ,· I ~- .. . . .""' . . . .. , '. I • I •,· .• ti \ ".,. . · ... . _,. .. .f .•.. . • ... ~.,. , . ... .. :: .. . ' •.: . ., .... . .... . . . . . . . .. .. 'I •• • -.. ••• .• . •. . ' . ·, . ·-~ ·: .• Regular City Council Meeting December 2, 2002 .... ~~ ~ ~64, 65, 66, 67, 68, 69, 70, 71 RESO# /. /i.1Y003, 104, 105, 106, 107, 108, 109 ( . ,-----J- -~--~ ·. . . . "· · .. : . . .. -· . .· .... . . \ • \, • 0 •• . " • .I-, . ' • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO December 2, 2802 I. CaU to Order The regular meeting of the Englewood City Council WIS called to order by Mayor Bradshaw at 7:35 p.m. 2. lnvocatloa The invocation WIS given by Council Member Nabholz. 3. Pledae of AIJealance The Pledge of Allegiance WIS led by Mayor Bradshaw . 4 . RoUCaU Present: Absent: A quorum WIS present. Also present: 5. Minutes Council Members Nabholz, Moore, Gruulis, Garrett. Wolosyn, Yurchick, Bradshaw None City Manager Sean City Aaomey Brotzman Assistant City Manager Flaherty City Clerk Ellis Manager Stowe, LittletonfEqlewood Wastewater Treatment Plant Director Fonda, Utilities Director Ingle, lntom.tion Technology Court Adminillrator Wolfe Senior Planner 1:.angon, Community Ikvelopment Director Gryglewicz, Finance and Administrative Services Housing Finance Specialist Grimmett, Community Development Director Simpson, Community Development (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 11, JOl2. Mo 1io n earned . Ayes: Council Members Nabholz. Moore, Garrett, Wololyn, Yurchick, Grazuli1, Bradshaw Nays : None 6. Scheduled Vlslton (a) Mayor Bradshaw 1aid Eric Berto luzzi wu here with '"Strinas Attached." Enc Ber1o luzz1 said he was very pleated to be here toniaht with I'-younptcn. He explainad tllaa die Ana C- Assoc1a11o n concei ved Strinp Attached over a )'al' qo. It is a pll1IWlllip proaram involvina die ~ C:- Enalewood City Council December 2, 2002 Pqe2 Association, the Englewood Schools and the Kolacny Music atore. Support for the program hall also come from the Parents/Teachers Association in the schools, and from the Englewood School Foundation. Strings Attached was implemented last September in Maddox and Clayton Elementary Schools with nearly fifty studenlll signing up to talce pan in this . They are in grades three through five. Mr. Bcrtoluzzi stalecl the program is extremely fortunate to have the expert guidance of Nancy Feiner, who is a wonderful iDSlrUCtor and I am very pleased and excilecl to introduce Nancy to you tonight. Nancy, would you just say a few words about the program before you scrcnadc the audience. Ms . Feiner said I want to thank you for the opportunity to play for everyone tonighL The studenlll that will be performing have been taking classes since the beginning of September. We have met eleven limes and they had their first school concert just before Thanksgiving. We have brought eight students from Clayton ElcmenWy School tonight to perform for you, ahc said, so thank you for this opportunity. Ms. Feiner introduced the students. They are all fourth and fifth graders from Clayton Elementary School, she said. The studenlll played four selections and received a round of applause after each performance. Mayor Bradshaw thanked Mr. Bcrtoluz.zi. Eleven lessons, she said, they have only had eleven ICSSiooa? Ms. Feiner said yes, eleven classes. They worked very hard. Mayor Bradshaw said they're incredible . You folks were beautiful, it was very nice . Thank you, she said. (b) Dennis Stowe, Manag« of the Littleton/Englewood Wastewater Treatment Plant, said it is my pleasure to introduce Stacey Walker to you. Stacey is an Analytical Chemist and she has been workin& in our lab since 1995 . She is also a member of our Operations Challenac Team, for those of you who arc familiar with Federation activities, the Water Environment Federation. There arc four member tcama that compc1e on wutewater . events and she is a member of that team brinaina lab expertise to die olbcr tbrcc members. Stacey ii in~ved in routine lab analysis at our facility, as well as, special projects and I auess what I would refer to as applicd rcu:an:h . We try to take good ideas and implement them to save money or improve aeatmelll. She is doina a really aood job for us . She has been awarded the Laboratory Analyst Excellence Awad. That ii an awud that wu elllabliabcd by the Water Environment Federation. that's an International organization. nic awud is a waded at a rep>aal level. In our case, the region is three stales ... Wyomin&, Colorado and New Mexico. So Stacey hu not just been awuded that, but she has earned it. He poinlecl out that she wu actually nominalecl by another wutewalCI' facility, in recognition of her efforts. I guess from my standpoint, he said, it ii not us nominllin& our own llaff, it' 1 aomeone else seeing what Stacey has done and they made the nomination. I just wanced to introduce her to you toni&ht and she brought the award, just so you can see it is real. Mayor Bradshaw offered her congratulations. Manager Stowe said there was one other award that was not quite as professionally orienlecl as this. Brenna Durkin is a Data Specialist at our facility, and she has been doing some work with the local association, the Rocky Mountain Water Environment Association, helping them with their membership database and some other information services kinds of things . She was awarded the Thomas A. Crappcr Award for her service to the local associa tion . He explained that 's an award that is given to someone who has provided some above and beyond services to the Assoc iation , and she earned that this year. Mayor Brad shaw offered her congratulations to Mr. Stowe. I really appreciate the job you do, she said . Mayor Bradshaw offered her congratulations 10 Ms . Walker . 7 . UD5Cbeduled Villton (a) Eugene Norman. 4840 South Huron Street, said I wish I could ad lib as well as tbal aentleman just did. but I have to read things. Aurcssion cra&es opprasion and agreuion. Violence COlllidered jllllifiod by one group. may be considered as uncivilized when committed by an oppouna poup . Terrorism ii tarorism, effll when • t • • f.aalewood City Coundl December 2, 2002 Pap3 it becomes retribution. Desperation trincrs it, and diplomacy combined with intelligent change relative to both sides, will stop it. Terrorism isn't about money. but recognition of the disfranchised and blooms in the field of hopelessness. Death becomes an accomplishment that life never offered. They weren't born that way, but we, primarily America, made them ... because of put political action. It will remain a political and not a military problem and as long as we think otherwise, no advance toward a solution will manifest. An eye for an eye, simply creates ulcers and further blindness. No less · than a rcappnial of national policies llddreaing the grievances that created problems in the first place, can find any answer. We. Anmica, deal with the Micl-Eul problem& from the Israeli perspective. We must quickly understand that the problem hu more facell than that, more directions of thought and potential action. With all of our absolurcs. it amazes me how poverty llricken we really are, and we are not even aware of the fact. We have the power to create heaven on earth. yet we continue playing with our phallic roe and linle war toys. In essence. brothers diddling with time. If your leaden cannot achieve stability, then you yourself must grow up and become more creative. The world must achieve balance before we fall down and go boom. To survive. all panics 1111111 leam to yield. Fipt ii. and we lote. There are no clolecs to hide in. We have all been harmed by history. We must learn to go from the praen1 to the future . The Jew clai1111 right to the land in God's name. The Palestinians, being born there, may make the same claim. Simply a matter of going beyond discrimination. One would think that the Jew had learned lhat in Nui Oenmay. The choice and IOlution should be simple. Destroy the Palestinians or give them homes in the mael OCIC1lpied Wat Bank. Beyond diacrimimtion. Otherwise, !he Middle Eutcomescloler to a nuclear winier and socio we. Diplomacy. DDtama is the-. If that doea not happen, terrorism becomea illllitt!!imllir.ed and lhat leads to the bomb, or ISffll. New teclmology beyond all, must become our goal, a challenge. but not beyond our abilities. Concern dealing with weapom of mus destruction. ours u well u others. 111111t conlinue and IDluuon by diplomacy, DDt weapa ii the__.. We ae dealing with the deaccndanla of a pal civilization who pve mankind muy thinp ... mad!emalics and lhe conccp1 of z.ero, to mention but two ... and have been bombed into lhe Stone A,e by lbe political powers lhal be. Enough. already. Jihad, becomes inevitable unleu you I-' my WVnina in time. lfl-a lefflll'ill. I would haw no problem destroying any one of you. lt'1 like a weed. once lllar1ed ii llal peat polmial ID...-. and the Third World is awakening to that fact. One perMIII. suddenly. hu eapanded power. If c-. llfe baa no -,ung. other than death, what a grand death. an afterlife one can envision. If I -from lhe Third World, and had Nell fllber. mother. brother. sisier. wife. children and &iends. all die bee-of lhe political fumbli• of*-...,. powas uound me, who controlled my fare from birth because of-y, who I could suddenly wllCh on lalellile TV, doing the Christmas shopping ... I could end up with the holy day bl-. bis time. Deadl and relUffeCtioD by lhat oae God whom I pray to five times a day. would become quite inviting and I would be very IUCCCllful wllen I acled. Can you imagine that? In your hillOr)', u a people. you have had over fifty invading armies -h upon YIM' land. If all occupied land were given back beyond discrimination and everything remaining in lacl. including openling instructions. it would be a grand gesture of brotherhood . Mayor Bradshaw advised Mr . Norman his time was up . She thanked him. Mayor Bradshaw asked if there was anyone else who wished to addresa the Council on any iuue. There was no one . 8. Communkalloas, Prodamalloas ud Ap~ There were no communications, proclamations or appointmenlS. 9 . Public Hearing No public hearing was scheduled before Council. JO . Coment Apnda COUNCIL MEMBER YURCHICK REMOVED ITEMS It (c) (I) ... (I) FROM 111B CONSENT AGENDA, COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APftOVE CONSENT AGENDA ITEMS 10 (a) (I), (It (It) (I) ... (II) ... 10 (c) (II). Enpwood City CouncH December 2, 2002 Pqe4 (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 67, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT AND TEMPORARY CONSTRUCTION EASEMENT ACROSS THE CITY DITCH RIGHT-OF-WAY OF THE CITY OF ENGLEWOOD FOR CONSTRUCTION OF A WATERLINE AT OR ABOUT 4663 SOUI'H MARIPOSA DRIVE. (b) Approval of Ordinances on Second Reading (I) ORDINANCE NO. 60, SERIES OF 2002 (COUNCIL BILL NO. 60, INTRODUCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE APPROVING AN INTEROOVERNMENT AL AGREEMENT (IGA) BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES FOR THE PURPOSE OF HAZARDOUS SUBSTANCE PLANNING IN THE EVENT OF THE OCCURRENCE OF HAZARDOUS SUBSTANCE INCIDENTS IN THE AREA. (ii) ORDINANCE NO. 61, SERIES OF 2002 (COUNCll. Bll.L NO. 61, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING AN INTEROOVERNMENT AL CONTRACT BETWEEN THE ST ATE OF COLORADO AND THE CITY OF ENGLEWOOD, COLORADO, RELATING TO THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF) PROGRAM. ( c) Resolutions and Motion& (iii) SOFTWARE LICENSE, PROFESSIONAL ~VICES AND SOFl'W ARE SUPPORT AGREEMENT WITH PROFESSIONAL COMPUTER SOFTWARE SERVICES. INC. (PCSS) FOR THE PURCHASE OF CASE MANAGEMENT AND JURY SOFTWARE. Vote rellllts: Motion carried . Ayes: Council Members Nabholz. Moore, Garrett, Wololyn, Yurchick. Gruulis, Bradshaw Nays : None • •••• Mayor Bradshaw said Mr . Yurchick had a question on Agenda ltema 10 (c) (i) and (ii). Council Member Y urchick said he was just curious. Are these pan of the new improvements, u pan of that bond issue. or are these separate·? Director Fonda said the first one is something at the Water Treatment Plant . It hu nodliq IO do with the sewer plant or bond issue. And the second one is a replacement of a raw sewqe pump. and it's more in line with our normal maintenance costs . COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE CONaNT AGENDA ITEMS 10 (c) (I) ud (U). F.naiewood City Council December 2, 2002 Pqe5 (i) PURCHASE OF A SLUDGE HANDLING SYSTEM FOR THE AU.EN WATER Tl ATMENT PLANT RESERVOIR FROM SRS CRISAFUW, INC. IN THE AMOUNT OF $84,971 .00. (ii) PURCHASE OF A VERTICAL MIXED-FLOW RAW SEW AGE PUMP FROM GOBLE SAMPSON ASSOCIATES, INC. IN THE AMOUNT OF SSS,300.00. Vote results: Motion carried. Ayes: Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw Nays: None 11 . Reaular A1enda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on fint reading. (See Agenda Item 10 -Consent Agenda.) (b) Approval of Ordinances on Second Reading (i) Council Bill No. S4, as amended, approving the Univenily Hornes Planned Unit Development was considered. Mayor Bradshaw said she wanted IO llOIC lhe change on all !he documents Iha! Council requested lasl time, the height and the pileh. Senior Planner Langon staled, as Mayor Bndlbaw Aid. the .-ndmenl that was niqllNlld by Council at lhe last meeting, was that the height of lhe principle lllrUc:twa be reduced IO tlliny feel, end dlll a mi1lima 4112 roof pitch be added lo lhe proposal. The Conununity OefflOPIIICM l>eplrtment recollllWlda lpPIOYll of die Planned Unit Development wilh 1wo conditions, Ille said, and thole conditioal an, in the lfaff report. F'Ult tbal a Holt*lwnen Association be formed and lhe documents penainin1 to lhe Auociabon be filed, api• all propertiea. with Arapahoe County. And second, !hat a reconled copy of tbal Homeownen Auociation be provided to lhe City. The staff feels !hat lhe applicant has met all conditions of lhe PUD and has met lhe crileria for approval . She uud if Council had any questions. There were none. Mayor Bradshaw told Ms. Langon ii was -11 done and thanked her . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)· ORDINANCE NO. 62, SERIF.s OF 2802. ORDINANCE NO. 62. SERIES OF 2002 (COUNCIL BILL NO. S4, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE APPROVING THE UNIVERSITY HOMES PLANNED UNIT DEVELOPMENT (PUD) AT 3055 SOUTH UNIVERSITY BOULEVARD lN THE CITY OF ENGLEWOOD, COLORADO . Vote results: Ayes : Council Members Nabhob. Moore . Gama. Woloayn. Yurchick. Gruulis, Bradshaw Nays: None Motion carried . (11 ) Council Bill No. 64. approvina an • .,._., u .-.led. with Colondo ~ Inc . for an opllOII IO purc hase the Skerritt HoUle was conaidered . Englewood City Council December 2, 2002 Page6 Assistant City Manager Flaherty said the item before us is the second reading of the Option Purchase Agreement for the Skerritt House, between the City and Colorado Preservation, Inc .• with the amendment made at our last meeting. They deleted the requirement for property damage insurance only, he said, all other elementa of the agreement remain the same as read on first reading. Mayor Bradshaw asked if there were any questions. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (U) • ORDINANCE NO. 63, SERIES OF 2002. ORDINANCE NO. 63. SERIES OF 2002 (COUNCIL BILL NO. 64, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE APPROVING AN OPTION TO PURCHASE THE SKERRITI HOUSE. Vote 1911115: Motion carried. (c) Ayes: Council Members Nabholz, Moore. Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw Nays : None Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a resolution approving a $25.00 Adminialralive Fee. effective January I. 2003, for new sales tax license applicanta. -This item was discuued with Council at budget meetinp. he said, and it wu also discussed with the ACE group and there will be a review in the future of this and how ii is working. Mayor Bradshaw asked if there were any questions. There were none. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c:) (I) -~LUTION NO. 100, SERIES OF 2002. RESOLUTION NO. 100, SERIES OF 2002 A RESOLUTION ADOPTING A TWENTY -FIVE DOLLAR ADMINISTRATIVE FEE FOR NEW SALES TAX LICENSE APPLICATIONS . Council Member Yurchick said he would like to make a comment on. ACE. They looked at this pretty hard, he said, and they saw this as just a nominal one-time fee, and thought it was a good idea. Vote results: Ayes : Council Members Nabholz. Moore, Garren, Wolosyn. Yurchick. Grazulis. Bradshaw Nay s: None Mouon earned . (ii) A recommendation from the Community Development Depanment IO adopt a raolulion approving the Co mmunity Development Block Grant Application for 2003 wu conaidered . Housi ng Finance Specialist Grimmett said I am here before you to requac approval to apply for our -1 allocation of the 2003 Redevelopment Block Grant Funds . We llllicipale Sl,0.000.00 ud we WIIII IO IUbmit dne apphcauons . btiically for that . One, to fund the continuin, Housin, Rellab Pros,am. and tbe eecoad CMa 11> c<>ntinue funding the House of Hope staffina project ... that will auist in payina for staff on ailc • tbe buildifta . And Englewood City Council December 2, 2002 Page? the third one, which will be a new project for us that is still coming together, will identify a neighborhood where we will try to do an exterior fix-up/paint-up that will be done on a grant basis to the homes that arc identified in this particular area. There may be a fourth application that we will make outside, that still is being worked on. If we do, that would be for additional funding that would provide some sidewalk improvement in the Bate& area between Broadway and Elati. We arc still working with Public Works on that and I'm not IOO'I> sure that one will go forward yet . If not, we will probably resubmit next year, she said. Mayor Bradshaw asked if there were any questions for Ms. Grimmett. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (H) -RESOLUTION NO. 101, SERIES OF 2002. RESOLUTION NO. 10 I. SERIES OF 2002 RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2003 COMMUNITY DEVELOPMENT BLOCK GRANT. Vote results: Ayes: Nays: Motion carried. Council Members Nabholz , Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None (iii) A recommendation from the Community Development Department to adopt a resolution approving the Final Plat of the University Hornes Subdivision was considered. Senior Planner Langon said this is the final plat of the Univenity Homes Subdivision. You arc familiar with the University Homes Project from the PUO that was just approved . It is a request for major subdivision by David DiPanc. the applicant and propeny owner, to divide the land that was within the PUO, into the residential lots. The Community Development Department recommends that Council approve the final plat with the condition that the effective date of the subdivision be the same as the effective date of the approved PUD. The procedure in the Englewood Municipal Code. Title 10 for Land Subdivision requires that a major subdivision be done when land is divided into. at least. four lots, a minimum of four more lots. or when land is dcdicaled to the City for public purpose. In thi s case. the s ubdivision triggers both of those requirements. The property is just over an acre in size at the vicinity of South University Boulevard and East Dartmouth Avenue. It is currently vacant and the PUO was just approved thi s evening for single unit res idential use. The intent of the s ubdivision is to subdivide into four residential lo ts . Outlo t A, which will be a commonly owned utility and access easement and Tract A, an undevelopable pa rce l intended to be conveyed at a later time to an adjacent propeny owner. And also, there will be dedication of. approximately, a twel ve-foot strip on the cast s ide of the propeny adjacent to South University Bo ulevard for dedi catio n o f sidewalk. The Development Review Team has reviewed the criteria and reviewed the s ubd ivision. a nd all issues are resolved . The Planning Commission conducled a Public Hearing on the subdivision req uest on September 4•h and recommended approval to City Council . Again, she said, the request is to divide per the approved PUD. It is consistent with the Comprehensive Plan and meets all development requirements and the Planning Commission has reviewed and recommended approval, so therefore, Community Development recommends that the University Homes final subdivision plat be approved with the condition that the effective date of the s ubdivi sion be s imultaneous with the final approval of the Univenity Homes PUD, and lhat i1 projected or anticipated to be January 6, 2003 . Ms. Langon said if there were any questions, she would be alad to ... wer them. Mayor Bradshaw asked if there were any questions. There were none. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (tl (Ill) -RESOLUTION NO. 102, SERI~ OF 2112. • ' • ' • £nalewood City Counc:U December 2, 2002 Pqe8 RESOLUTION NO. 102, SERIES OF 2002 A RESOLUTION APPROVING THE FINAL PLAT OF THE UNIVERSITY HOMES SUBDIVISION AND ACCEYflNG THE PROPOSED LAND DEDICATION SIMULTANEOUSLY WITH THE EFFECTIVE DATE OF THE ORDINANCE APPROVING THE UNIVERSITY HOMES PLANNED UNIT DEVELOPMENT. Vote results: Motion carried . Ayes: Council Members Nabhol~ Moore, Garrett, Wolosyn, Yurchick, Grazulis. Bradshaw Nays: None (iv) A recommendation from the Linlcton/Englcwood Wastewater Treatment Plant Supervisory Committee to approve, by motion, a construction contract with Grimm Collltnlction, for disinfection improvements at the Plant. in the amount of SI ,352,4SO.OO. wu considered. Director Fonda said this would have been part of the Phase 2 collltrUction project. but the permit requires it be completed, I believe, by 2004. With that construction requirement. we have IClplnted it from thereat of the construction and took bids on it scparatcly. It was a separate dClip and a scparatc CORIUUClion project. We were delighted to have the bid, the low bid. be almost a half a million dollan under our original estimates and our budgctina. So with that, he said, I would recommend approval of the contract to Grimm Co111truction in the amount of S 1,352,450.00 . Mayor Bradshaw asked if there were any questions for Mr. Fonda. There were none. She thanked Mr. Fonda . COUNCIL MEMBER WOLOSYN MOVm, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Iv)· A CONSTRUCTION CONTRACT WITH GRIMM CONSTRUCTION, FOR DISINFECTION IMPROVEMENTS AT THE PLANT, IN THE AMOUNT OF Sl,352.4!4Lto. Motion carried. Ayes : Council Members Nabholz. Moore. Garrett. Wolosyn, Yurchick, Grazulis, Bradshaw Nays: None 12. Geaenl DiKualoD (a) Mayor's Choice (i) Mayor Bradshaw said she had received a telephone call from a constituent in District I who was concerned about the skimpy Broadway decorations. That wu the comment and I said I would briq it up under Ma yor 's C hoi ce . I did sec in one of the minutes, that someone is work.ins on Broadway ... that South Broadway merc ha nt s arc work ing a little bit o n that . Maybe we could have an update on that, she said. (i i) M ayor Bradshaw said I received a Keep America Beautiful Network News Readership Surve y. I j us t thought I would hand this to Ms. Nabholz and have her complete it, as she has much men findaand knowledge than I do. (iii ) Mayor Bradshaw said she wanted to remind everyone dial oa Thunday. l>ecemNr tlJ6. C it y Council . Alliance for Commerce. Enalewood Board of AdjllltlllCDll and Appeala. Eaalewood Urt,u ._wal Authority. Hou ina Rehab Loan Committee. Keep Enalewood Beautiful and lhc Plwli• and Zoaiaa Connivion are ha vi ng a Ho liday Open House at the Enalewood Ci vic Center. (1v) Mayor Bradshaw noced we recci* a leaer from Mr. Manella. • o--.1 ....... • RTD. that Route 12 1s not being c hanaed and they are aoi na to be holdt• ~ 0,.. tti-for pub11c i11p111. F.npwood City Council December 2, 2002 Pqe9 (v) Mayor Bradshaw advised that on December 12•, Englewood busincsscs ... the Greater Englewood Chamber of Commerce, the Alliance for Commcn:c in Englewood and the City of Englewood arc invited to attend the Chamber's Annual Holiday Party at the Alc:un from S:30 p.m. to 8:00 p.m. The cost is $S.00 per person. Council Member Wolosyn said the $S.00 per person is for charity, it will be divided. Mayor Bradshaw noted it says it will be $S .00 per person and, in the spirit of the season, a portion of the proceeds will go to charity. (vi) Mayor Bradshaw said in the latest issue of Government West mapzinc, that wc all received, there is an article on collaborative E-govcmmcnt. I was just wondering if our citizens will be able to do this eventually? That's just a question. City Manager Scars said that wc have Don Ingle coming to Council in the next two weeks. So this ia something I can ask him to take a look at. Mayor Bradshaw said okay, if he could comment on that. (vii) Mayor Bradshaw said I want to remind Council that die City Clerk's office is llill doing the Angel Tree this year for families, so if any of you wish to participate in that, ID by die City Clerk's office. City Clerk Ellis said it should be up Friday. Mayor Bradshaw said the tree will be up Friday and you can just take a tag off the 1rec and it tells you what to buy for someone. So please, participate in that. (b) Council Members' Choice (i) Council Member Nabholz: I. She said I have two properties that I'm conccmcd about and would like to have Code Eafon:ement check on. I left the addrcucs at home, but they arc bod! on the comer of Elali and Cornell. in the 2900 block. The people have moved out of one of the homes and they have left all the windows and cloon open. The aecond one is on die cast side of Elati in the same hundml block, on the comer of Cornell and Elati. I talbd with that Property Manaaer 10 sec if she would be willing to sell. It is a piece of propaty, I think a lot of us would aa,ee. that needs to be cleaned up and taken care of. There arc people comina, especially at night. in and out. Boards arc up over thc windows, there is trash all over the yud and she will not return my calls. I don't know if wc can do u .ythina on that or not, she said. 2. She said. regarding !he lights in District I. we received that complainl lut year, so I don't know if you have a name, bul maybe. we could take a look at her recommendations or SUllllC5tions . (ii) Council Member Moore: I . He said we had a lelter from Barbara Foul and it was not in this week's packet, but in the prior packet. She spenl a lot of time addressing some of her concerns abou1 various things Council has done. he said. and I was wondering if 1here arc any steps we ever take, when a citizen goes to that much effort. Mayor Bradshaw said I called her personally and left a message. She bad lhrec poincs in her lctler and I addreued each one and I said if you have any r-s for further clarification, call me . I don't know if that -what we - supposed to do or not. she said . Mr. Moore said 1ha1 is greal. ii sounds aood -I wu wondcrina if we lhould invite her to a Study Saaion. ._ ti-. and talk to her. F.qlewood City Coundl December 2, 2002 PqelO Mayor Bradshaw noted Ms . Fout is very active in the community. Mr. Moore said, correct, she has beer. on our Liqoor Board a long lime. I appreciated the time she took on that, he said. 2 . He noted that al one point we were going 10 talk about some retiree health issue& that wCR raised and it seems to have fallen off the agenda . City Manaaer Sears said, no, it's actually coming nellt Monday nipt. Mr. Moore said okay, it must have just slipped off the tenlalive achedule then . City Attorney Brotzman explained that it is currently set for Ellecu&ive Session. Mr. Moore said okay, I just watched the tenlalive achedule and now I undencand. Thank you. be uid. (iii) COUNCIL MEMBER GARRETr MOVED, AND IT WAS SECONDID, J'OR THE ENGLEWOOD CITY COUNCIL TO ENDORSE AND SUPPORT THE Sl.25 MILLION SALE AND REDEVELOPMENT OF THE J'ORMER CITY HALL SITE AS NBGOTIA TED UTWDN ENGLEWOOD ENVIRONMENTAL FOUNDATION (ED') AND DEVELOPMENT SOLUTIONS GROUP, LLC. Mayor Bradshaw said, so we have a developer for the site? Mr. Ganect replied, yea, ii is EEFs site and the motion is to suppon them in their efforts ID....,.._ a purdllle and sale agreement . Mayor Bradshaw said okay. a purchue and sale qRCIIIIIII. She adecl if dime -any qllNlioal. Tblle - none . Mayor Bradshaw said this makes ii formal thal the land is -under c:onlnet. Vote..-ha: Ayes : Council Members Nabllol&, Moore, o.ma, Wololyn. Yurchick. Clruulia. Bradshaw Nays : None Motion carried . Council Member Wolosyn asked if the City Manaaer or Cuy Attorney would be brinaina forth the itcm1 to formalize turning over the property . City Anorney Brotzman said there will be two raolutions and two ordinances II Council's next rnee1in1 . In response 10 Mayor Bradshaw, City Anomey Brouman ellp&ained thll EEF had the old City Hall site, became of the environmental concerns. Mayor Bradshaw explained that EEF is the Enalewood Environ....ial Foundllion. It is a foundMioa 11111 handled the redevelopment here , she said. Mayor Bradshaw asked D1rec1or Siffll*)II IO come up and kind of help dar this up. Bee-. Ille aid. I cloe't..,.. people 10 go away with a differen& idea . Director Simpson said thanl. you for 1llow1n1 me 10 clanfy. I think it would be valuable for die l9COl'd. TIie C11y ot Englewood 1ransferred o wnenhap of the old C11y Hall property IO the Eftslewood Ellww r r Jal Fowdeeeoe Far Enpewood City CouncU December 2. 2002 Pqell the purposes of checking for environmental contamination, we conducted a Phase I and Phase 2 assessment on the property. It waa found to be clean. We did have to do 10me aabestos remediation and then we went ahead and conducted a demolition of that property over the last twelve months that we've had possession of that propcny. II has come to our ancntion, through our negotiations, that we will also be bringing forward to Council, for transference of ownership, a small parcel located on the north side of the Enaiewood Parkway. That will be coming forward on December 16• and it will faciliwe final conveyance of the property. We have been, aa you know, enlerlaining a variety of different proposals on this property over the lut twelve montb1. We had all kinda of options that we had considered. We worked with the Cultural Ans group and some our local busillCII people. We have a proposal in at this lime though, that is with Development Solutions Group. They are a developer who is proposin1 to do a medical office/aurF)' center. The aurpry center, if they are able to address their time frames, will be ready for occupancy by June of 2004. Their lime frame is construction within the next twelve months. We are ailO pleaaed to note, that this proposal, from a physical standpoint, is about 60,000 square foot of development office space. It is bringing with it a 1igoificant amount of use tu IO the City. It brinp with ii between 60 and 80 very well paid jobs, somewhere in the range of between $40,000.00 to SI 00,000.00, dependina on the jobs. II will allO bring many, many trips into this particular site ... trip visits . Those visill, we believe, will tranalate directly into indirect dollars, within the vicinity, in terms of restaurants, lunchea, dinners and other shopping. One of the other very important aspects of this proposal, he said, is that it is a proposal for $1.25 million, and that is about $400,000.00 more than a couple of our other proposals. So we believe, that it really brought a very significant price per square foot for our development on this site, and we will be able to transfer it back into the City of Englewood's coffers. Council Member Garrett asked if Mr . Simpson could clarify one thing ... the proposed opening or completion date of this project. Mr . SimplOII replied that the development conlJ1ICl, which is uaocialed with this apeement, requires that the developer baa 45 days to close from accep1ance of this contract and that will technically be on December I.,.. At that lime, they have 45 days of due diligence period, to really evaluate all the upects of the site. We a!IO, with that, act an amoun1 ... I think ii is $20,000.00 of hard cash on the line, to hold the property. With thecoacllllioo of the due diliacnce period. and PfOC*ina forward with clollure, we will act the remainder of the money. I don't have all the facll in front of me. he said. but with that, they have a very limited lime period in which to 11art COllllrUClion. By the end of 2003 they have to commence COlllll'UClion. or we will be able to repun:haae the property ll ~ of sale value. which is a really important apect. Abo on the end ponion of the COlllraCt, within 24 moadla they have to conclude COlllitruction. or they allO will have a penally clause associated widi the COlllract. Whal we have done, is really negotiated, I think. a very poailive COlllracl for the City of Enaiewood and the Environmental Fouadalion. in that we have a very aood price and I think we have a very aood use. Construction mllll commence al a certain identified period and conclude in an identified period. I think that is also very poaitive for Enaiewood, be said. Mayor Bradshaw asked if there were any other questions . There were none . Mayor Bradshaw thanked Mr. Simpson and offered her congratulations. You do a good job, she said. Mr . Simpson s:ud congratulations to all of us. I think this is good for Englewood. (iv) Council Member Yurchick asked whatever happened to our meetin1s out in the neighborhood . They seem 10 have gone away . he said . Mayor Bradshaw replied that v.c did four and we will llart four after the flnl of the year. Mr . Yurch1ck said he was thinking we only did three . Mayor Bradshaw saKI we d:d Bishop, Sinclair. Malley Center and CityCenrer waa the fourth . So we will 111111 lhoee again. Do )Ou want 10 sign up for the flnl one? Mr. Yurchick said. sure. (v) Council Member Gruulis: Eaalewood City Couacll December 2, 2002 Pqel2 I . She asked what was the lime on the J 9* for the Holiday Open House for busineues? Mayor Bradshaw answered 5:30 p.m. al the Aluan. 2 . She said I'm not sure lhis is appropriate, but I'm going to say it anyway. This Friday and Saturday, I'm helping 10 set up ellhibits of over five hundred aechc&, belonging to Englewood and Littleton citi,cns, over at the church just wesl of Soulhglenn Mall. Some are antiques and 10me hand carved. In case anyone is inlerelled, it will be from 10:00 a.m . to 9 :00 p.m . Mayor Bradshaw requested Ms . Grazuli1 e-mail her, u she needs to be there . Ms. Clnzulis said ya. they would like you to be there . 3. She said I will be helping wilh Business After Hours at March Hare this Wedneaday evening between S:30 p.m. and 7:30 p.m. Mayor Bradshaw encouraged everyone to try to stop by . It is a good buainas. she said. Ma . Grazuli1 said this is just one more Business After Hows. We ae wyi111 to~ Always Buy Eapewood. Mayor Bradshaw said that is what I have spent the holiday doia,. ahoppiaa in Eqlewood. 13 . City M ...... '1 leport (a) City Mauger Scan said I wanted ID remind Ille Council 1h11 we ae .-. ID have an Employee Holiday Party. on December 13*, and Council is weia-io ...._ It will be ill Ille C-.nity Room. from 11 :30 a.m. to 1:30 p.m . (b) City Ma.pr Sean said 1-IO offer a special dluu lO Dua i.se. wllo ii dllilla • iacNdillle job for the City with all of the IT trwfonnation lhll'1 ll>illa OIL Hil llaff and all the , .. lo,aea-WIJIUII eJ1tremely hard to make this happen. TIDlll'a Wolfe el!p111Ued 11s Ulilfac1ioll and _..wiNP IO K1lally llave dllil approved for the court system. he said, and I know that Doll lnpe. Miu Flalllrty and T-. Wolfe worked hlnl ID make 1ha1 happen . So behind the scenes. every niaJII. tbae people -clown Ilse wortia, IWIIY and 1 _;. w• ID say thanks . 14 . City Attormy'1 leport City Anorney Brotzman did not have any matters to bring before Council. 15. Adjou.,._.t RADSHA W MOVED TO ADJOURN . The meeting adjourned ll 8:2S p.m. • t • • .. 1. 2. 3 . 4. Call to order. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 2, 2002 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Invocation. {)~ Pledge of Allegiance. ~ Roll Cfd_ '7 ~ 5. Minutes. "fJ!t/ IJ-O a. Minutes from the Regular City Council Meeting of November 18, 200~ 6. Scheduled Visitors .. (Please limit your presentation to ten minutes.) a. Eric Bertoluzzi and "Strings Attached" will make a presentation to City Council. b . Q.ennis Stowe, Manager of the Littleton/Englewood Wastewater Treatment Plant will recognize Stacey Walker for receiving the Water Environment Federation's Laboratory Analyst Excellence Award . 7. Unscheduled Visitors . (Please limit your presentation to five minutes.) ,t . e."o,u.J/:... }J()l(.M~JI 8 . Communications, Proclamations, and Appointments. ff 9 . Public Hearing (None Scheduled) ~ l'leue note: tt you ~ve a cliNbility wl __.....,,.-* • ..--. plwe llolify ... City of Ea•••ood (303-762-2405) at least 41 h-. In..._ ol ..._ _._ _ _..... n..11,-. .. . ~. t .. • • Englewood City Council Agenda December 2, 2002 Page 2 10 · ~~(lf~/011.i /~tr)~ii o/-/!J~-1i'/ Pp/)d '7-0 a. Approval of Ordinances o~ ~irst·R~ading . ) i. Council Bill No. 67 -Recommendation from the Utilities Department to acfopt a bill for an ordinance authorizing a City Ditch license Agreement and Construction Easement for 4663 S. Mariposa Drive. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. b. Approval of Ordinances on Second Reading. i. ii. Council Bill No. 60, authorizing an updated Intergovernmental Agreement with the Regional Hazardous Materials Board of Arapahoe/Douglas Counties for Reciprocal Hazardous Material Incident response. Council Bill No. 61, accepting Law Enforcement Assistant Fund (LEAF) grant funding to be used for DUI detection and enforcement c. Resolutions and Motions. Recommendation from the Utilities Department to approve, b~-it<.JJ purchase of a Sludge Handling System for the Allen Water Treatmen Reservoir. Staff recommends awarding the bid to the lowest techn· acceptable bidder, SRS Crisafulli, Inc. in the amount of $84,971. STAFF SOURCE: Stewart H. Fonda. Director of Utilities. . Recommendation from the Littleton/Englewood Wastewater Treatment 9':lA'VJ~~~ Supervisory Committee to approve, by motjgp, the purchase of a v mixed-flow raw sewage pump. Staff recommends awarding the e Sampson Associates, Inc., a sole-source vendor, in the amount of 55,300. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii. Recommendation from the Information Technology Department and the Englewood Municipal Court to approve, by .!!!WiWJ, Software License, Professional Services and Software Support Agreement with Professional Computer Software Services, Inc . (PCSS) for the purchase of case management and jury software . STAFF SOURCES: Don lnsle, Director of Information Technology and Tamara Wolfe, CCMlrt Administrator. 11 . Regular Agenda. a. b. Approval of Ordinances on First Reading. Approl!i of Ordinances on Second Reading . Council Bill No. 54, ~s~~ecJ_, ~pproving the Univenity Homes Planned Unit Development. Vf/~ f'lwe llOlr. If yau have A IINllillly wl NN....., ............... ..., .. Qr elf -.... (J03.7'2·2405)AIINll41 ..... III.._.., ................ 111111111,-. • t • • Englewood City Council Agenda Deamber 2, 2002 Pagel ,,_, 1 lt~J } Council Bill No. 64, approving an agreement. as amended, with Colorado () tP'7'~ '7-vf'reservation, Inc. for an option to purchase the Skerritt House. U~ c. Resolutions and Motions. i. Recommendation from the Department of Finance and Administrative /), _. U.. Services to adopt a resolution approving a $25.00 Administrative Fee, ~/"° effective January 1, 2003, for new sales tax license applicants. STAFF dpft1'7-tJ ~~~~h~cz, Director of Finance and Administrative ii . Recommendation from the Community Development Department to adopt j/) / a resolution approving the Community Development Block Grant I' Jr> Application}J!.}J'!_~ 5_!Aff SOURCE: Janet Grimmett, Housing Finance llf/' . ,'-{) Specialitt. vv ~ iii. Recommendation from the Community Development Department to adopt J../1)~ a resolution approving the Anal Plat of lhe Univ~Homes bdivision. '711' '7-0 STAFF SOURCE: Tricia Langon, Senior Planner. ' iv. Recommendation from the Littleton/Englewood astewater Treatment Plant Supervisory Committee to approve, by .!!)9tiOD a construction contract for n'-() disinfection improvements at lhe Plant. Staff recommends awarding lhe · r contract to the lowest bidder, Grimm Construction, in lhe amc:u.:!. /MJ,/~ _ $1,352,450. STAFF SOURCE: Stewart H. Fonda. Dnc:torol ... .:...;_,,.11 .. ..,.,,,- 12. General Discussion . a . Mayor's Choice. b . Council Members' Choice. 13. City Mana~er's Report. 14 . City Attorney's Report. App'd 7-0 Garrett mcMld tor 1tie Englewood City CcMd to endorse and luppc)f1 the $1 .25 miaon .... and 19development of the former City Hal de a negotiated belwNrl Englewood Environmental Foundation (EEF) and o.v.lopment Solutionl Group, LLC . Adjournment.!:%~ The following minutes were transmitted IO City Council between November 1 S • 27, 2002: • Englewood Transportation Advisory Convnittee meelin1 of October 10, 2002 • Englewood Planning and Zoning CommiSSk>n meeting of October 22, 2002 PleMe note: ff you !law a 6allilily and wtl ...-.,, _. • ..__,..__., .. a, el' -1111 (303-762-2405) at INlt 41 "-'in..,._., .................. n.11,-. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session November 18, 2002 I . Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7: 32 p.m. 2. Invocation The invocation was given by Council Member Nabholz. 3. Pledge of Allepmce (a) Allegiance. Boy Scout Troop #264 from All Souls School presented the Colors and led the Pledge of Mayor Bradshaw said that was excellent and she offered her thanks. 4 . RoU CaU Present: Absent : A quorum was present. Also present: 5. Minutes Council Members Nabholz. Moore, Grazulis, Garren. Wolosyn, Yurchick, Bradshaw None City Manager Sears City Anomey Brotzman Assistant City Manager Aaheny City Clerk Ellis Senior Planner Langon. Community Development Lieutenant Collins, Safety Services Director Olson, Safety Services Planner I Fruchtl, Community Development Director Simpson, Community Development (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 4, 2002 . Mayor Bra dshaw asked if there were any changes or corrections. Tbere were none. Vo te results: Mo uo n carried . Ay e s . Nays : Ab stain : Council Members Nabholz. Garren. Wolosyn. Yurchick. Gruulis. Bradshaw None Co unc il Member Moore • • Englewood City Council November 18, 2002 Pnge2 6. Scheduled Visitors (a) Mayor Bradshaw said we arc very pleased this evening to be honoring the students whose artwork is showcased in the 2003 Englewood Calendar. This is the fourth year we have featured student artwork in our calendar, she said, and the 2003 Calendar also offers a tribute to Englewood's history, as next year marks Englewood's Centennial year. To gather artwork for the calendar, the City held an art comest that was open to all students who live or go to school in Englewood. We received nearly 200 entries, and sixteen entries were chosen for the calendar. The Museum of Outdoor Arts hosted an exhibit and an Artists ' Reception for the top 50 finalist, including the 16 winners. The calendar art was chosen by a selection panel made up of City Council Members and Englewood's Cultural Arts Commission. I had the pleasure of serving on the selection panel, she said, along with City Council Members Julie Grazulis and Olga Wolosyn; Eric Bcrtoluzzi, Chair of the Englewood Cultural Arts Commission, and Cultural Arts Commissioners Mary Lynn Baird, Kate Dulaney, Darrel Freeland, Janet Moore, Donna Schnitzer, Maggie Stewart, and Ray Tomasso. Kris Friu.chc, the Education Coordinator for the Museum of Outdoor Arts, and Molly Maginn from Chicken Lips Comedy also helped with the selection. Choosing just 16 pieces of art to include in the calendar, out of the many wonderful entries we received, was not an easy wk. She offered her thanks to the selection panel for their efforts. I would also like to offer a special thanks 10 the Cultural Arts Commission. she said. for their continued enthusiastic support of, and assistance with, the student art calendar project. We will be returning the artists' original artwork this evening. As you can see. we've had the pieces maned and framed. The artists will also receive a certificate of congratulations. Council Member Olga Wolosyn will help me hand out the certificates and return the artwork this evening. Ms. Wolosyn has been very involved in the calendar project. I would like the artists to come forward as I call your names. After the recognition, she said, we would like all the artists to gather in the lobby outside Council Chambers so we can take a group photograph of the artists with their artwork. Mayor Bradshaw introduced the 2003 Calendar artists. Austin Boyer is a 1• grader at Maddox Elementary School. Austin's abstract acrylic painting entitled ''Ocean Flower" appean on the cover of the calendar. Mayor Bradshaw noted tbal Austin was unable to attend. as he WIIS sick . Kayla Eickmann is a 3n1 grader at Clayton Elementary School. Kayla's piece "If I Could Fly" appears in January. The piece was inspired by Faith Ringold's story quilts. Kayla came forward to receive her framed artwork and certificate. She received a round of applause. Corina Zdroik is ans• grader at Flood Middle School. Corina's piece entitled "tear" (like teardrop) appears in the month of February. This is a tempera portrait in the style of Pablo Picasso. Corina came forward to receive her framed artwork and certificate. She received a round of applause. Katherine Jantz is a 2• grader at Clayton Elementary School. Katherine's "Wigly Giagly House" appears in March. Katherine came forward to receive her framed artwork and certificate. She recc , vcd a round of applause. Eric Vorhees is a 4,. grader at Maddox Elementary School. Eric's ·'African Bull" is a crayon re 1st drawing inspired by the African talc "Why Mosquitos Buzz in Peoplc"s Ean ." His anwork appears ,n pnl. Enc came forward to receive his framed artwork and certificate. He received a round of applause . Mic hael Mund . a 9111 Jrader at Engle,.ood Hi&h School. Michael's ctchina, entitled "The Wile O ld Man"' appears ,n May. Michael cimc forward to receive his framed artwork and certificate . He recel\ed a round o f applause. • t .. • • Englewood City Council November 18, 2002 Page3 Justin Glotzbach is a I" grader at Charles Hay Elementary School. Justin's artwork. a pastel and construction paper piece entitled ''The Magic Tree" appears in June . Justin came forward to receive his framed artwork and certificate. He received a round of applause. Mayor Bradshaw noted that we have four artists featured in July. The selection panel couldn't decide which piece to include. she said, so they decided to use all four of these suns crafted with chalk and glue. T he four artists are: Josh Heidrick is a I" grader at All Souls Elementary School . Josh came forward to receive his framed artwork and certificate. He received a round of applause. Lydia Rosenof is a I" grader at All Souls Elementary School. Lydia came forward to receive her framed artwork and certificate. She received a round of applause. Brenna Sauer is a I" grader at All Souls El~mentary School. Brenna came forward to receive her framed artwork and cenificate. She received a round of applause. James Marion is a I" grader at All Souls Elementary School. James came forward to receive his framed artwork and cenificate. He received a round of applause. Kaylee COlhrcn is a 4"' grader at Clayton Elementary School. Her artwork "King of the Serengeti" appears in August. Kaylee came forward to receive her framed artwork and certificate. She received a round of applause. Dana Diekmeier is a 6"' grader at Aood Middle School. Her artwork. '"Nothing but Tumble Weeds and Cactuses" is a landscape collage made of torn pieces of painted paper. It appears in September. Dana came forward to receive her framed artwork and certificate. She received a round of applause. Tegan Moss is a 10"' grader at Colorado's Finest Alternative High School. Her print of an African tribal mask appc:irs in October. Tegan came forward IO receive her framed artwork and certificate. She received a round of applause. Jessica Hodges is a 7"' grader at Sinclair Middle School. Her artwork . "Dia de 105 Mucrtos" is Featured in November. Lam Hurd 1s an 11• gr.idcr at Colorado's FillC$l Alternative High School. Lani's putel drawing. "Life After Death" appears in December. Lani came forward to receive her framed artwork and certificate. She received a round of applause. Mayo r Bradshaw offered congratulatlOf\S 10 all of the students whose artwork is featured in the Englewood 2003 Calendar. We· d like to offer a very pecial thanks 10 the an icacbers, the parcnu. and the grandparents for their support of these talented artists. she said. We also need to offer a big, big thanks to the local businesses who helped sponsor this year's calendar: Moser Printina, A cl B Custom Framing, the Museum of Outdoor Arts. Colonial Bank. the Greater Enalewood Chamber of Commerce, Community First Nattonal Bank. Guys cl Dolls, and Cornerstone Books. Ma )or Bradshaw thanked everyone for comtng this cvenin1 to help us recoanizc the 2003 En&lewood C alendar Arttst . Let's give them all a round of applause, she said . They were all &iven a round of a pplause. Ma>or Bradsha w noted there are calendars available on the table 1n the back of the room. so please take w me home ,-.th )OU and en Joy them throughout the ~on11n1 year. ( b l Ma)o r Bradsha"' satd Tom Sonon. Exccutt,e Director of the Colorado Deputme111 of Tran pv1 .~non "'a here tomght to prese111 Counc1l ,011h .an award for "Smart Moves -TranaporWJOn ~mucg ,e, tor mart Gro,..th' from the rnencan Ait0c1a11on of Scale H11hwa y and Transponauon ' .... .. I . .. t • • Englewood City Council November 18. 2002 Page-l ~1· u. Officials . She noted that we also have Jim Zavis1. our RTD Rcprcscntacivc and Bob Tonsing wich us this evening. Mr. Nonon said it is really a pleasure for me 10 be able to present this to you . It was actually even a linle bi1 more fun for me to go to Anchorage , Alaska where the National AASHTO Conference was and I got 10 collect this, on behalf of RTD and the City. It was my thought that with all of your efforts with the CityCenter Project. it was more deserving to be in the Englewood City Hall, than to be gathering dust in either of our archives some place . We arc very proud of the job you have done with the CityCentcr Project and incorporating the Light Rail facilities into the program and making it a transportation hub . It was really a rather easy one to put together in terms of a National Award. It is a National Award from the American Association of State Highway and Transportation Officials and you were competing with all SO states that had numerous entries. This is for a Smart Growth Program that that organization sponsors each year. We are very proud that we're able to present this to the City of Englewood . I think this is a project that we use that shows what cooperation and transportntion development and growth development can do . I would like 10 have either Mr. Zavist and/or Mr. Tonsing say a couple of words, because they have a lot more to do with the transportation side. in many ways , than we did. as highway engineers working to make all the pieces tit together. Mr . Zavist said I do not have a whole lot to offer. as my predecessors were the ones who actually did the work on this . I'll let Bob Tonsing address Council because he has been on the Board a lot longer than I have . He offered his congratulations. Mr. Tonsing said rvc got to tell you that I think back to the day that we all gathered to 5CC the wrecking ball knock down the first part of Cinderella City. and it would have been hard for me to imagine what you folks did with it. But. he pointed out, this is a National Award and I think it's just one of many you will receive as you move forward . I think there are more to come. Believe me, he said, you have received some international attention as well and this is indeed a model of trans-oriented development. I've seen some around the country that called themselves that, but you have to wonder if they really are. This one, he said, really is. He offered his congratulations. Mr . Norton said I would like to recognize Cal Marsella. Bob Simpson. Gary Scars and some of the other people who helped make all of this happen. Also Tom Burns, the City's previous Mayor. be said. certainly deserves some recognition for what you have accomplished here and we are very proud of it . Mayor Bradshaw thanked Director Norton. (c) Eugene Norma n, 4840 South Huron Street, said that the word opcimum in the dictionary is defined as "the best or most favorable condition. degree. or amount for a particular silWltion." We have a Republican majority now . Generally speak ing, we must change our system from one of maximal to one of optimal consumption. Opumum consumpt io n implies a ~ast change in our thinking as Americans. A vast change 1n industry. agricult ure . politics and the individual mind . Three hundred and fifty billion dollars for ho me defense can easily define peace and put peace into operation if spent properly . If spent improperly it could define our demise . Production patterns can be c hanged. almost instantly if we decide to do it to the bencti1 of all. The production of commod11ies fo r the public become the norm. not the exception. Schools. food. theaters. libraries. parks. ho spital s. public transport. housing. the arts ... all become possible. Building goodwill and helping other countries build. rather than bombina them into obl ivion. becomes possible. Ho mo consumens maxi mus can never be satisfied . Obesi ty and fear evoke greed and voraciouallCSli ad mfinnum. witho ut a pause fo r play. Pla y is s ubverted in S:00 o'clock rush hour. In your rush to collll'OI u m.:. ume ends by contro lling yo u. Yo u must all become aware of that fact. A change from muimum to o pum:il. two little words ... ,11 not o nl y alter producuon patterns. but create a rcductton of appctiie-whetting. bra ll\\\Jshin¥ to:chmque, of advo:rt1>in1 and a cultural ,hanp: beyond obesity . Society liCCI obesity u a d1e1Jr) problc:m : analy>1s shows II to be the crc,m o n of our maximum con,urnpuon phdo1ophy. which ,n tum 1s the product of Cap ualism . We humans have been trained to run like hell and remain in one place t .. .. • • • 0 Englewood City Council November 18, 2002 Pages (J, and fear keeps us there. We can never get full because maximum consumption does not allow fullness; it does not allow satisfaction. Optimal consumption simply ensures fullness and satisfaction. The principle of irrational authority based on power and exploitation must be replaced by a rational authority based on mankind and his ability to absorb a higher education and act on it. Consider my imagination combined with your courage and I see new possibilities, a new America, a new culture that is not based on greed and subconscious fear. Greed consumption and prestige consumption can disappear as a bad dream. Three hundred and fifty billion dollars spent not on arms. but on peace. by that creative part that exists within us all and the world itself can find that Garden of Eden beyond the hell that forms your lives now. The walls of the maze you are running in are not high at all and easily surmounted with but little courage. It is simply objective reality that I present. All you need do is act. In your next traffic jam, meditate on what I have presented ... then act, act, act. Invocation is a word too . Seek war? You can get it. Seek peace and you can get it. All is change and all change is simply image and the image you create becomes the life you live. The definition of a Republic is "a constitutional form of government, especially a Democratic one." The definition of Democratic is "pertaining to, encompassing. or promoting the interests of the people; persuaded of or practicing social equality; not snobbish." We must achieve a state of being, acting in accord ... a learning of feeling together. Understand me and terrorism won't have a chance. Think of the advantages of including politics among the field of art ... good art . To do so, we must begin by helping to develop the critical powers of the individual and provide a basis for the creative expression of each to the benefit of all . In essence. we have a national sovcrcign ... what we need is a common wealth of nations. Capitalism. as you can sec, has produced alienation and devoiced, even debased both man's scientific understanding and his aesthetic perception . Our need is an authority based on competence, knowledge and skill. not intimidation or force, and contributing to the growth of mankind, not his demise . We must acknowledge that we arc truly part of the world. Capitalism need not be wasteful and we need no embargo o n Cuba. Ignorance is not a viable solution. Disclosure ... the land belongs to God. The world itself has a common enemy. the arms manufacturers is a mortal common enemy. America now has a race with itself in the arms race . We need realistic men. not just leaders. with common sense. Present military policies will continue to escalate and we will fail to achieve international agreements. An unstable ~ituation. unless we come to terms with ourselves. in and of our nation. Republic implies totality. Republic implies no split between public and private morals . Republic implies equality. In a Republic my voice is just as valid and in need of acknowledgment as Mr . Bush's. Fifty atom bombs of high destruction potential in Colorado alone is a gambler's choice. It lacks imagination and defines stupidity. Surely politicians and the Anny can achieve other choices. Alternatives ... like dismantling them. The probability of accidents over time, even I would bet on and I don't gamble . Responsive and responsible come from the same root word. Mayor Bradshaw thanked Mr . Norman . 7. Unsc:heduled Visitors (a) John Coats. 7579 South Monaco Way . Englewood, said I'm representing the Korean Emmanuel Church. which is located at Dartmouth and University on the northwest corner. h is adjacent to the subdivision that Council had a hearing on two weeks ago. That hearing was continued. The Church wants to build an addition on to their building. He explained that in order to do that. they have to purchase a piece of ground from that subdi visio n plat. Then, after they purchase the ground, they have to apply for tax-exe mpt status before we can submit a site plan to the City. The other side of it is, we've applied for temporar y trailers to put o ut front to provide classrooms for the kids. and that was turned down by staff. Certainly. he said , the staff has been very understanding about this. but it's like catch-22. between the two ordinance<. On the one hand, we ca n't ubmil a lie planar.ct on the other hand. we can't act temporary 1rmlers unul we do subm it a 11c plan. h' all dependent o n those three steps. First off, the approval of the Un1,er 11y Hornes plat. I was JUSI hoping that 11,e could do something to get the temporuy trailers now. he a,d. '.\IJ)Or BrJd>haw ••ked Mr Cua1s 1f .he could direct h,m to a Community Development staff member tO ml~ to he J>~ed 1f that "as all ni;h1 . ' .,., ,, • . . , i • • • Englewood City Council November 18, 2002 Page6 Mr . Coa ts said we have talked quite a bit. Senior Planner Langon said our current ordinance allows temporary trailers only in conjunction with a building permit. And as Mr . Coats said, they are in somewhat of a catch-22 . The Church is not in possession of the land and , therefore, we cannot consider that portion of the land as part of their parcel . went over this extensively with Mr . Brotzman and unfortunately that's the way the ordinance is written at thi s time . This is one of the areas we are considering in the UDC for temporary situations such as this, but currently it is only in conjunction with a permit and since they cannot apply for a permit. because they don 't have possession of the land , we are caught. Mayor Bradshaw said it sounds like we tiave addressed it as closely with staff as we can. She asked if there was anything from Council . There were no comments or questions. Mayor Bradshaw thanked Ms . Langon and Mr. Coats . ••••• Mayor Bradshaw said before the Boy Scouts leave, I want to thank you ail for a very impressive flag ceremony ... you did an excellent job. 8. Communlcadons, Proclamations and Appointments (a) A proc lamation declaring November 2 l , 2002 as Feed America Day was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO DECLARE NOVEMBER 21, 2002 AS FEED AMERICA DAY. Ayes : Council Members Nabholz, Moore. Gam:tt, Wolosyn. Yurchick. Grazulia, Bradshaw Nays: None Motion carried . (b) A proclamation in honor of the Mailey Senior Recreation Celllel''s 25• AMiverury wu considered . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION IN HONOR OF THE MALLEY SENIOR RECREA noN CENTER'S 2519 ANNIVERSARY. Ayes : Nays : Motion earned . Council Members Nabholz. Moore. Garrett. Wolosyn, Yurchick. Grazuiis. Bradshaw None COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED TO APPROVE AGENDA ITEMS 8 (c), (d) and (e). (c\ RE SOLUT ION NO . 97 , SERIES OF 2002 A RESOLUTION REAPPOlNTING Bill BELT TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FO R THE CITY OF ENGLEWOOD. COLORADO . (dl RESOLUTION NO . 98, SERIES OF 2002 1 • • • • Englewood City Council November 18, 2002 Page 7 A RESOLUTION APPOINTING CHRIS HOAGLAND TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (el RESOLUTION NO . 99. SERIES OF 2002 A RESOLUTION APPOINTING JIM GOODRICH TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD. COLORADO. Vote results : Ayes : Nays : Motion carried. Council Members Nabholz, Moore. Garrett, Wolosyn. Yurchick, Grazulis, Bradshaw None Mayor Bradshaw presented a certificate and City pin to Mr. Goodrich and Mr Hoagland . ••••• (I) A letter from Scan McHugh indicating his resignation from Keep Englewood Beautiful was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF SEAN McHUGH FROM KEEP ENGLEWOOD BEAUTIFUL. Motion carried. Ayes : Council Members Nabholz. Moore. Garren, Woiosyn, Yurchick. Grazulis , Bradshaw Nays : None 9 . Public Hearlnc No public hearing was sc heduled before Council. 10. Consent Acenda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), 10 (b) (I) and 10 (c) (I). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 61. INTRODUCED BY COUNCIL MEMBER GARRETT BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE ST ATE OF COLORADO AND THE CITY OF ENGLEWOOD. COLORADO.RELATING TO T HE LAWE FORCEMENT ASSISTANCE FUND (LEAF) PROGRAM . (bJ Approval of Ord1nancci1 on Second RC*!1ng (1) ORDINANCE NO. S9. SERIES OF 2002 (COUNCIL BILL NO. 59. INTRODUCED BY COUNCIL MEMBER GARRETT) . \N ORDINAN E APPRO\'ING AN INTERGOVERNl'tlENT AL AGREEMENT (IGA ) FOR MUTUAL AID BETWEEN FIRE DEPARTMENTS . t .. , . .. • • Englewood City Council November 18, 2002 Page8 (c) Res olutions and Motions (i) PURCHASE OF A 4-WHEEL DRIVE UTILITY VEHICLE THROUGH THE COLORADO STATE BID PROCESS FOR A TOTAL COST OF $26,527 .00. Vote results: Ayes: Nays : Motion carried. Council Members Nabholz, Moore , Garrett, Wolosyn, Yurchick , Grazulis, Bradshaw None 11 . Regular Agenda (a) Approval of Ordinances on First Reading (i) A recommendation from the Community Development Department to adopt a bill for an ordinance revising the Englewood Municipal Code regarding the definition of "household" was considered . Planner I Fruchtl said Council Bili No . 62 is a revision of the Englewood Municipal Code regarding the definition of "household". Staff recommends City Council set December 16, 2002 for Public Hearing, he sai d. to consider revisions pertaining to the definition of Family Households . In addition. the staff would like to note that indudcd within your packet arc suggested motions based upon the number of occupants that arc allowed to live together in a single-family unit. Mayor Bradshaw asked if there were any questions for Mr. Fruchtl. Council Member Grazulis said that down al the bottom of the page, where ii says family household. it includes ··not more than two groups of one or more persons related." Then it has. or (2) ... a group "of not more than four persons not related ." That's all included with this . She asked if this is all part of the same? Mr . Fruchll said that is correct . Mayor Bradshaw said that is really different. I believe, she said, that Council requested two or three. not that definition. Mr . Fruchtl explained that in the memo, the legal staff has prepared different alternative motions and language pursuant to the ordinance revision . Mayor Brad shaw sa id then we need to set a Public Hearing for December 16•. Co un c il Member Wolosyn said she would like to move Agenda Item I l (a). City Attorney Brotzman said trad1tmnally you pass this on first rcadin& and then have a Public Hearing . Curren tly . nght now. you ha ve the Planning and Zoning Commission's recommended language , which is for fo ur . Now. he said. 1f yo u would like to make a motion ... then you can amend that to one of the other alternauvcs that 's in the memo . C"un c1l Member Garrett as ked . as a point of procedure. if we arc required to have the Planning and Zoning rcco mmcndau on in the packet . Mr . Brotz man aid yes . The ordinance contains the direct languaac from Planrung and Zoning . Mr . G~rrett a,kcd 1f arc we legally required to ha,c thllt 1n the First Read1n1 . Mr. Brotzman said no. you ma y .amend that Ma yor Bradshaw :ud we need to act 1t on the table first . and then amend it . t .. 'f l • • • Englewood City Council November 18, 2002 Page9 Mr . Garrett said he understood that. but questioned the efficiency of bringing this forward and then we have to amend it. as opposed to bringing what the Council, as a consensus, wanted. That was my question. he said . Mayor Bradshaw said we would amend it before we bring it forward. Mr . Garrett said we wouldn't have to amend it . Mr . Brotzman said part of that is reflecting a deference to the Planning and Zoning Commission. Many times, the staff would like to amend what the boards and commissions recommend, that is why we never do . Even with this one, there were a number of alternative proposals, whether it was two, whether it was three, that's why we went with the Planning and Zoning recommendation. They're the recommending body to you. You appoint them to make that recommendation and you give them that authority . Mayor Bradshaw said that whenever we discuss something. it never gets changed. Mr . Brotzman said if it comes from a board or commission. you will get the board or commission recommendation. Mayor Bradshaw said then we need to make the changes tonight, now. Mr. Brotzman said that is correct. Mayor Bradshaw thanked everyone for being patient. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO. 62 AND TO SET THE PUBLIC HEARING FOR DECEMBER 16, 2002. COUNCIL BILL NO . 62, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING TITLE 8, CHAPTER 24, SECTION 2, SPECIFIC MODIFiCATIONS; TITLE 9. CHAPTER I. SECTION 4, DEFINITIONS, AND TITLE 16, CHAPTER 8, SECTION 1. DEFINITIONS. OF THE ENGLEWOOD MUNICIPAL CODE 2000. REGARDING THE DEANITION OF "HOUSEHOLD". Council Member Moore said he found this definition confusing. but given that we arc going to talk about others anyway . maybe that point is moot . Ma yo r Bradshaw sa id she preferred two unrelated people and their children, period . COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 62 TO CHANGE THE DEFINITION OF FAMILY/HOUSEHOLD BY USING THE DEFINITION, IN 'fHE MEMO, OF FAMILY/HOUSEHOLD, AS TWO UNRELATED PERSONS AND THEIR CHILDREN. Co uncil Member Wolo sy n said she did have a question about the amendment regarding the restriction on children under the age of eighteen years . Many people come home to live when they arc older than eigh teen . She pomted out 1h111 many people stay at home and go to college for four yelll'!I . Mayor Brad shaw i.tated that is for two unrelated people . Council Member Wolosyn sa id that is ri&ht ... and their children. So if you were in a co-habitation with 11 man and he h.1d children who wer~ going 10 college. and you had children. this doesn't allow that . Am I nght or am I wro ng! f ,., • • 0 • Englewood City Council November 18, 2002 Page 10 City Anorney Brotzman said that is correct. Mayor Bradshaw said so we can just strike the age limit. Ms. Wolosyn said I would strike the age limit . Mayor Bradshaw asked if that was okay with Council . Council Member Wolosyn pointed out that there are many kinds of situations and maybe children are never able 10 go oul on their own. Mayor Bradshaw agreed there are many kinds ohhinp. absolutely. Council Member Moore said just for the =on:!. I 1.-urrendy think two is too reslrictive and would favor three . Council Mc1nbcr Grazulis said she would qrcc. Al least thnic. only because of some of the rents and some of the mongage prices. I think sometimes Just one family is too racrictivc. I think you have IO allow more. she said. and I cannot place myself in a position to ao down my SUcct and see who is lcpl and who is not. Mayor Bradshaw asked for a point of clanfication. Is this by ftlfon:cmelll only. by complaint'! Mr. Fruchtl answered yes. h 1s strictly complaint driven. 1f ~ wae IO call in. Mayor Bradshaw said it 1s complaint driven. so if ii is two people or three people, it ii sciU complaint driven . So do we need an amendment 10 the amcndrnc111 . to 11nkc -Under the Ap of Eipteen Years"'/ Council Member Garrell said he would consent IO the withdrawal uf the .. Under the Aae of Eiptccn Years ... The second agreed. Mayor Bradsh1w said now we are looking at votina on two urnlaled people and their children u defined in the memo that Mr. Fruchtl offered. Council Member Moore said he had one more quescion just to clanfy. This jUII pll III IO the Public: Hearing as the key purpose of this? Mayor Bradshaw said that is ript. Vote results on the motion to amend: Ayes: Council Members Nabholz. Moore. Ga1Tett, Wolosyn. Y urchick. Grazuli • Bradshaw Nays : None Motion curried. Vole results on motion to approve COlladl BIii No. '1 • ......... ••IM l'lllllk 11eer1a1 for Oe«mber 16, 2002: yes : \luuon ~amed 1111 Covnc,1 Membm Nabholl. Mooff . Oanett. Wololyn. Y urclu.:t. Bradllla"' Council 'ktnbtl' Cifuuh fWlm) ~ .a r«.--..-frOlll 1111 City MaMelr" .1110,..-IIO Plirc._ .. Sbrria .._. by die Colondo 'lilllQ.....O .. _ ....... a,.-.. I Iii} · -,. .... 11111 penod by 1111 t• t "' • .. • • Englewood City Council November 18, 2002 Page 11 Optionec and also includes disclosure of environmental hazards by the City to the Optioncc. There arc two changes that we discovered on Friday, he said, following the packets being sent out. This is a two reading ordinance, so if Council agrees and the City Attorney can provide the changes, we will proceed with those. The first change relates to item 11, Failure to Exercise. If this option is not exercised, the owner shall not retain, but shall refund to the Optioncc all the consideration given for it. That is the $500.00 check that we received from CPI. We have agreed that we would do this, and we have raised the purchase price that we set initially from $58,000.00 to $60,000.00. The second change is in item 12, Risk of Loss. The last sentence in the parentheses, (Optionec shall provide proof of insurance to the City in the amount of $25 ,000.00) should be stricken. If you recall, we no longer can carry property damage insurance on the building because of the damages that the property suffered and the fact that we received a total settlement from the insurance company. Because we cannot obtain insurance, he said. we arc not going to ask the Optioncc to obtain insurance either. Mayor Bradshaw said, other than those changes, it is as it was presented in your packet on Thursday. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II) • COUNCIL BILL NO. 64. COUNCIL BILL NO. 64, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE APPROVING AN OPTION TO PURCHASE THE SKERRfIT HOUSE. Mayor Bradshaw asked if there were any questions . Council Member Garrett said he had a question. We arc supposed to refund the $500.00. is that correct, if they don't exercise the option? Assistant City Manager Flaherty said yes, we would refund the $500.00. Mayor Bradshaw said I don't like that. Mr. Garrett said part of the reason for asking for the money, is that they had some commitment to the project and helped defray some of the cost to the City . Mr. Flaherty said that is correct. Mr. Garrett noted that we had no discussion about refunding that money at all. Mayor Bradshaw pointed out that we also lowcr~d the amount we requested. Mr . Garrett said we requested $2,000.00. I'm not sure when there was a big change in policy. Mr . Flaherty said I understand . This was one of the terms of agreement that CPI had requested . They can not go forwa rd . if they are not refunded the mo ne y in the event that they don't exercise the option. They made that ve ry clear to mc ... that they will not go forward unless they are assured a refund of the $500.00. Mr. Garrett said. from my perspecti ve. it 's bait and switch. because we were very clear at the Council meeting that we did not want the citizens to incur additional costs for that. That was the reason we asked for S2.000.00 and we compromised on $500.00 in good faith and he said okay, I will write the check to night. Mr. Flaherty aid it is my understanding that CPI will not agree to that change. but I can't speak for them . Mayor Bradshaw s aid the gcntlc:man from CPI is here. t • • Enalewood City Council November 18, 2002 Pagt I? Mr. Flaherty 1d Mar~ Rodma n 1s here and ,f he would like to address that tonight, he is certainly welcome rodo thar . Mr. Rodman said ll ut concern is 'IOI getting rhe S500.00 back if we didn't exercise the option at the end of rhe term of th, o puo n. Our concern was giving you the S500.00 and you not accepting the option in the first place. So. ,f you approve this option, he said. we're very comfortable with you keeping the $500.00. My concern was giving you the $500.00 and then getting to the place tonight where you said no, we do not wanr to go forward wuh this option. So we c.111 change that in the language. it 's not a problem. Once the o pt io n is do ne . he said, we will be glad to give the S500.00. that was never in question. Mr. Garrett !:lied thi s language is inappropriate. It should be "if this option is not executed" by the party ... DOI exercised . Mr. Flaherty said number 11 should slay as written then, with no change. Mayor Bradshaw said the owner shall retain all the consideration given for it. So, yes, we leave it as written. Mayor Bradshaw said now we only have one change to the agreement and that ch.lllge is in paragraph 12 where we s tnkc rhe sentence in parentheses. Mr . Flaherty said that is com!Ct. Mayor Bradshaw asked if there were any more questions. There were none. Vote results: Ayes: Nays: Motio n earned. Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis. Bradshaw None Mayor Brad haw thanked Assistant City Manager Flaherty. (b) Approval of Ordinances on Second Reading (i) Council Bill No. 54, approving the Univcnity Hornes Planned Unit De,cloprnent was considered. l\1a)Or Bradshaw said Council is confused. because we tho'lght we made a recommendation. I guess we need to be more forceful in our recommendations. It has to do with the building height and what we received back was that the following points were considered. I guess I thought it would say a maximum height and I wa) confused. She noted that Council Member Garrett also raised this question. emor Planner Langon said we believe that we didn 't really receive a direction from Council as to one way "r rhc other, o ther than your discussion within the meeting, that you were not pleased with that 32 foot height. Mayor Bradshaw said if yo u don't receive directions from us ... just ask for it and we can be much more pcc1tic . The I uc ,s llbout the height. I think 32 feet i~ way rno high. I shared with you guys that I live b> j dc,elopment rhar rhe y d1dn"t count the auic s pace. They only counted to the gutters of the houses behmd me and the) \\Cnt up another 8 feet above rhe gutters . So. I don't want to see our residents or Den,cr residents negatively impacted by that. I believe Council Member Wolosyn had a compromise. she Sllld . t ~ ·loit '."'~ .. • • Englewood City Council November 18, 2002 Page 13 COUNCIL MEMBER WOL .;vN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)· COUNCIL BILL NO. 54. COUNCIL Bll.L NO. 54, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE APPROVING THE UNIVERSITY HOMES PLANNED UNIT DEVELOPMENT (PUD) AT 3055 SOUTH UNIVERSITY BOUL&V ARD IN THE CITY OF ENGLEWOOD. COLORADO. Council Member Wolosyn said because Denver"s is 30 feet and ours is 25 feet, I think the 30 foot height is reasonable. However. only if that is attached to a slope. We don't want a flat roof. A slope of 8 or 12 feet, I don't know ... but a slope that would minimize the effect of sunlight on those buildings. And also leave out the opportunity 10 do something ... like build a mini apartment building there. I don't know what anybody else thinks. she said . Council Member Moore said I am also concerned about the 32 feet. At a minimum, I would like 10 see a slope requirement added. I also would like to see lhat 32 feet limit lowered to 30 feet. which is probably fine with me. First of all, he said, I was a linle bothered stepping away from 25 feet. given that was our sund.ard. However, knowing that space and its long history of underdevelopment or undevelopment, I'm okay aiving them a little more latitude. but I'd like to see something like 30 feet with a defined minimum lope. 1f we can't approach what a story is. Mayor Bradshaw said so the compromise would be extending the height limit five feet above our standard, with a slope. and that would be the apex. Is that right? Mr. Moore said from there, whether its 3 and 12. or I and 12. I would think we could define the required slope. Mayor Bradshaw said you are saying that the long axis goes north and south on the property. Ms. Langon said that would be the general way, because the long side of the lot runs east/west. The comment was made that we would need to define a slope. Council Member Wolosyn asked if 8 or 12 feet would be too steep. Director Simpson said I think you could just specify that the architecture must include a pitched roof. with the maximum height being 30 feet. That would address Council's concerns. I don't think, he said, that you would want to dictat~ the number of stories or specific roof pitch. Ms. Langon advised that typical roof pitches in Englewood are either 6/12 or 7/12 . Ma yor Bradshaw said so 6/12 with a 30 foot height maximum. Council Member Yurchick said he agreed with Mr . Simpson on not setting the pitch. because if they want to lower their second floor wall, and have a steeper pitch to their roof. as long as they stay within the 30 feet. we have accomplished what we want. Mayor Bradshaw said but the minimum would be 6/12 . Mr. Moore said !just want to make sure it doesn't get less and flattened out. If it aets steeper. that would be fine . • • Englewood City Council November 18, 2002 Page 14 Ms . Wolosyn said I think this is a good time to be saying that we do want development, but we want it within some constraints of the PUD. I think that's important, she said. Mr . Randy Friesen. with Pappas Architecture , said the main reason we wanted the height is so we could do the slope. rm not sure that I agree that 6 or 7 to 12 is really norm . A lot of times a 4/12 pitch in this area is about normal. Mayor Bradshaw said that would be for a flat roof. Our concern is, we don't want a flat roof there. Mr . Friesen said I would assume if you are going to do a flat roof. it ought to go back to a 25-foot height. but our main objective is to be able to do a pitched roof on a two-stOry house . Mayor Bradshaw said you can do that in 30 feet? Mr. Friesen replied yes. I'm not sure if we can do it with a 6 or 7 slope. !hat would be pushing it a little bit, but 4 to 12...certainly . Director Simpson said providing a range of pitch would also give you a variety of architecture, eliminate the flat roof option and. again, you still keep your control. Mayor Bradshaw said so we can amend this to say a minimum 4 to 12 pitch with a 30 foot maximum height. Senior Planner Langon said a maximum height of 30 feet and a minimum 4/ 12 pitch . COUNCIL MEMBER GARRETf MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 54 TO REQUIRE THE MAXIMUM HEIGHT BE JO FEET, WITH A MINIMUM PITCH TO THE ROOF OF 4 TO 12. Ayes : Council Members Nabholz, Moore, G&rTett, Wolosyn. Yurchick , Grazulis. Bradshaw Nays : None Motion carried . Vote results on motion to approve Council BW No. 54 u -nded: Ayes: Council Members Nabholz, Moore, G&ffen, Wolosyn, Yurchick. Grazulis. Bradshaw Nays : None Motion carried . Mayor Bradshaw thanked Council. (c) Re so lution s and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 10 -Consent Age nda .) 12. General Discussion (a) Mayor's Choice (il Mayor Bradshaw said I don 't know ,f everyone received ,111 invitation. but the ve ry tirst Str ings Ana ched recital. featuring vio lin students from Clayton and Maddox Elemenwy schools. • • Englewood City Council November 18, 2002 Page IS will be held on November 22nd at 7:00 p.m. at Clayton Elementary School. 4600 South Fox. The invitation is darling, she said, but l will be unable to attend as I have a dinner this Friday. (ii) Mayor Bradshaw advised that this Wednesday at 11 :00 a.m. we will have the ground breaking for the Malley Senior Recreation Center and the Englewood Recreation Center. I believe you all received invitations in your mailbox, she said. (iii) Mayor Bradshaw said CML issues updates and I have asked to be added to their e-mail list. She explained that the Homeland Security Act is in front of the Senate, but the problem with the Homeland Security Act is that they aren't funding first responders. It's a Federal mandate without funding. To quote NLC President Karen Anderson, she said "Congress should have approved the President's $3.5 billion First Responder initiatives to get resources to America's cities and towns. Congress is leaving town with the checkbook in hand while cities are still left holding the bag." Mayor Bradshaw said I would like your permission to write letters to Mr. Allard and Mr. Campbell, ore- mail them or whatever. as soon as possible. Council indicated that was okay. (iv) Mayor Bradshaw said DRCOG has an Urban Growth Boundary area. An: you working on that? Council Member Wolosyn answered that she is on that committee. What was it, just about the meeting tomorrow? Mayor Bradshaw said it is about Metro Vision 20/30, so let me give that to you in case you didn't get it. (v) Mayor Bradshaw said we also received a letter from Sheridan Celebrates on ''The Little City that Did" on September 28'" and they were asking for more money from us . I think that we can support them by attending. if we want . (vi) Mayor Bradshaw advised that Enalewood Shines will be held on Saturday. December 7"' and I have asked Mike Yurchick. and his three and a half year old daughter Sarah. to liaht the Christmas tree. Mayor Bradshaw asked everyone to keep that date open. TIie Englewood High School Band will be then:. she said. and Santa will arrive by light rail. There will also be holiday craft making in the Library and Charles Dickens Carolers. (vii) Mayor Bradshaw said we also have a Tri-Cities meeting this Friday at 7:30 a.m. here in the Community Room. You received the agenda in your packet, she said, so let Sue Bradshaw know how many of yo u arc attending. I will be there. she said. (bJ Council Members' Choice (i) Council Member Moore said in case then: is any confusion. I should have said hcfore, 1hat I did not absrnin o n thal la st vole even though I missed 1he Public Hearing. I did go through the notes and felt comfortable with it. I just wanted to state that for the record. he said. (ii) Council Member Garrett: I . He said. rl!,pecuve 10 the trailer issue the gentleman brought up , I believe trailers are for construction s ites. because there 1s an cxpecution that they will be removed soon . One of my CMCC111$ t -"' .. • • 0 • Englewood City Council Novrmber 18, 2002 Page 16 about puning a trailer in place . without the appropriate building permits in place. is that it can become a permanent solution. which is something that I think we have not encouraged. 2 . He said we built our sound wall and I was just wanting an update. We put in the policy of how we want to do these things. but does it really work? Are the citizens happy that the sound wa.11 is there? Mayor Bradshaw said at National Night Out they banged it with a bottle of champagne and it held up . Council Member Wolosyn said they were all telling us that night that they were very happy with it. Mayor Bradshaw noted that it made a difference when we were there that night. Mr. Garren said that 's great , I was just curious about it, as I hadn 't heard back. 3. He said I was honored to receive, on behalf of the citizens of Englewood, another award for the same project. In Nonh Carolina we won the EPA Region 8 Award. Mr. Simpson, Mr . Sears and Mr. Kahm were there and I was quite proud of our City, he said. Council Member Garrett said there were twelve projects that were honored across the nation, and we were one of them. We were in good company. There were some really remarkable projects, so I was quite proud of what we have done here and I think it's nice that we were so honored. Mayor Bradshaw thanked Mr . Garren for attending . (iii) Council Member Wolosyn : I . She said tomorrow afternoon Englewood Schools has called a press conference to kick off the Teenage Drinkina Task Force. City Manager Sears and I have been asked to say just a few words and be present. Mostly. she said. it is about the idea of collaboration between the City and the Schools. It is at 1:30 p.m. in the Commons at the Englewood High School . 2 . She advised that on the 22..i at 7:30 p.m. there is a concen here at CityCenter ... the Youns Sinfonia Conccn. Mayor Brad shaw noted that we have two competing concerts on the 22 .... (iv ) Council Member Yurchick said the only thing he had was informational. The Malley Center Trust Fund met and they have decided to commit S 169.000.00 to improvements to go along with the renovation. They arc buyi ng furn iture and kind of sprucing up the old to match the new, he said. Mayo r Brad shaw said that is a good idea ... that 's what it was set up for . (v) Council Member Grazuli s said Englewood High School did play another playoff game thi s last Saturday. but unfonunatcl y they did lose to Palisade. However, I think it is time to now hon or Coach Penn and the team for having an 11 and O season. Mayor Brad sha w said I think we might want to do that when we have the mcetina with the School Board in Ja nuary. It is reall y hard. 1f you lost something that you worked all season for. you certainly don't want to shuw up . We as ked them 10 do that last year, 10 sho w up at a Council mcetina. and they politely came, but I reall y think 11 -..o uld mean mo re 1f it came from the School Board and the City Council at the same time . I do n't kn w wh:u )Our feelings arc. burl do think -..c need to honor them . By thal time. we wtll know if Mr. Pe nn ha Co ac h of the Ye ar. • • Enctewood City Council November 18, 2002 Page 17 Mayor Bradshaw noted that when I was on Council before. we used to honor kids in speech. we used to honor all kinds of kids all the time and somehow we got away from that. I think it's sad because it kind of shows a disconnect with the schools and the City, but I wish we could go back 10 some of that. Council Member Grazulis said she agreed totally. There are a lot of awards and a lot of things go ing on out there. Mayor Bradshaw said last year our Englewood Speech Team went to the National Forensic Finals and that is the first time in 28 years. We didn't get the information until I received the newsletter and, by then, school was out. So. for those of you on the SchooUCity Comminec, if you could broach that subject with the school on that. because I think it is important to recognize kids doing good things. She pointed out that usually their only contact with the City is through the Court. and that is not usually positive. 13 . City Manapr's Report (a) City Manager Sears said he just wanted to say that Mr. Garrett understated, a little bit. the award. It really is an incredible award . There were 4000 people at the conference and it is within the first five years of Brownfields coming to the fore. Mr. Garrett wu on stage with the EPA Representative from Region 8. he said, and we did get our pictures taken. There were ten awards nationally. he said. These included a stadium remodel in Louisville and a major aquarium reconstruction in Charlesu,n, so nationally we were absolutely in great stead. I was at the conference for planning for the ICMA Conference, which was at the same time in Charlotte. and they said how incredible it was for anybody to be awarded this type of award and noted Englewood in panicular. Springfield, Missouri also received one, he said. The top of the award is made out of a special type of glass that comes from that area and you really should take a look at it. It is pretty incredible and it is even nicer with the light on. Mr. Sears stated this is a tremelldous honor for Englewood. for Council, for staff and Bob Simpson and Rick Kahm in particular. Mayor Bradshaw said the whole concept of Phoenix rising from the ashes ... it is so symbolic. 14. City Attorney's Report City Auomey Brotzman did not have any matters to bring before Council. COUNOL COMMUNICATION Date Agenda Item Subject December 2, 2002 10 a i INmATEDBY Utilities Department City Ditch License Agreement and Construction Easement for 4663 S. Mariposa Dr. STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PRMOUS COUNCIL ACTION None RECOMMENDED ACTION The Englewood Water and Sewer Board recommended Council approval by ordinance at their November 1 2, 2002 meeting of the City Ditch License Agreement and Construction Easement from Mr. Robert Schwinn. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Bob Schwinn, owner of 4663 S. Mariposa Dr. and an adjacent piece of property to the south, submitted a license agreement and construction easement The agreements are for crossing the City's right-of.way over the City Ditch to install a water line to the residence at 4663 S. Mariposa Dr. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work In COMection with the crossing provided by the Licensee. The City reserves the right to make full use of the property necessary in the operation of the City Ditch. The City retains all rights to operate, maintain, install, repair, remove or relocated any of its facilities located within the City's right-of.way. Englewood's City Attorney and the Utilities Engineer have reviewed and approved the agreements. FINANCIAL IMPACT None. LIST OF ATIACHMENTS Ordinance License Agreement Grant of Construction Easement ORDINANCE NO . SERIES OF 2002 BY AUTHORITY .-. ODUCED BY COUNCll.. MEMBER~~~~~~- .MflllOIJDNO A~ AOR11JM'Blff.ANiH IMPORMY CONSTRUCTION EASEMENT ACROSS THE CITY DITCH RIOHT-OF-W lllllan'aP .......... ~-· ABour 4663 SOUTH MAR.iPOSAt>RI\i!". ' . . . . WHEREAS, the Owner of 4663 South Mariposa Drive submitted a License Agreement for new construction installing a waterline over the City of Englewood's rigbt- of-way for the City ditch; and WHEREAS, the Owner of 4663 South Mariposa Drive also submitted a Temporary Construction Easement across the City's City Ditch right-of-way during this construction. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~-City Council for the City of Englewood hcnby approves the Liccme Agreement, Exhibit A, and Temporary Construction Easement, Exhibit 8, auacbed hereto, for construction of a waterline at or about 4663 South Mariposa Drive acroa the City Ditch right-of-way of the City of Englewood, Colorado . Section 2, The Mayor and City Clerk are authoriz.ed to sip and aaat said Ap,emeots for and on behalf of the City of Englewood, Colorado . Introduced, read in full and passed· on first reading oa the 2nd day of December, 2002. Published as a Bill for an Ordinance on the 6• day of December, 2002. Beverly J. Bndsbaw, Mayor ATTEST : Loucrishia A . Ellis, City Clerk -1- I I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby ce m 1.y that the above and foregoing is a true c~ of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 2 day of December, 2002. Loucrishia A . Ellis -2- LICENSE AGREEMENT TIIlS LICENSE AGREEMENT, made and entered into as of this ~day of-~~ll~~ 20nby and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, ~inafter referred to as "City", and ::2,1,,:,d:: ,I S.c,b ,.,·, 0 o herein referred to as "Licensee". WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby 8Ulborizcs Licensee, its successor, assigns, to install a water line over the City's ripls-of-way for the City Ditch, descn"bed as a parcel ofland situated in the Northeast Quarter of Section 9, Township 5 South, Range 68 West of the Sixth P.M., County of Arapahoe, State of Colorado depicted upon the Exhibit auached hereto and made a part ~f. 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans approved by the City. 2. The Licensee shall notify the City's Director of Utilities at least thaw (3) days prior to the time of commencement of the construction of. or any repairs made to, Licemee's water line so that the City may, in its discretion, inspect such operations. 3. Within thirty (30) days from the date of the commencement of consttuction of Slid water line, the Licensee shall complete such CODSIIUCtion, place and mainbljn permanent, visible markers, of a type and at such locations as desipated by the City's DiJector of Utilities, referring to the centerline of the installation and shall clear the crossina area of all construction debris and restore the area to its previous condition as nes as may be reasonable. In the event the placing of the centerline marbrs and the cleariDa and restoration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense oftbe licensee. 4 . 5. The City shall have the right to maintain., install, repair, remove or relocate the City Ditch or any other of its facilities or installalions within the City's ripla-of-way, Ill my time and in such manner as the City deans necessary or convenient. The City reserves the exclusive right to control all eaements and inslallations. The stipulations and conditions of this Licemc shall be incorporated into COllllrllCt specifications if the COIIS1l'UCtion herein authorized is to be done on a contract basis. .. ... • ' ... ... • • 6. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or umec:ordcd, and it shall be the Licemee's sole responsibility to determine the existence of said documents or conflicting uses or installations. 7. The Licensee shall contact and fully cooperale with the City's pmoanel and tbe CODSllUCtioo shall be completed without inleafeaeoce wi1b any lawtul, UIUlll or ordinary flow of water through tbe City Ditch. Licemee shall assume all risks incidmt to tbe pos11l,Ie presence of such watas, or of storm waters, or of surface waters in tbe City Ditch. 8. All trenches or holes within tbe City's rights-of-way shall be bacldilled and ramped to tbe original ground line in layers not to exceed six ( 6) iDcbes loose measure to a c:ompaction of ninety percent (90%) Standard Proctor Maximmn Density. 9. Llcemee shall indemnify and save barmlea the City, its oftic:crs and employees, apinst any and all claims, damaps, actions or c:ames of action and c:xpemes to which it or they may be subjected by reuoo of said water line beina within and across and under tbe premises of tbe City or by rwoo of any work done or by omission made by Licemee, i1s agents or employees, in coanectioa with the COllllruclioa, .....-. wioteMWM:,e or repair of said iastaUIUO!L Licenw., for a paiod of oae (1) ,_. beaiminl oa "'"" 12. • 20r>_b wanmts to tbe City tbat tbe watcr line will be tiee &om defects in malCrials and will be free tiom defcds in tbe imllllatioo of tbe waler line mo the City Ditch right-of-way. 10. It is expressly aar'eed that in caae ofLicemee's tn.:h ohay oftbe within pn,mms, tbe City may. at its option. have specific: perfoimance tbmeof. or sue for dam r l8lltina tiom such breach. 11 . Upon abandomnent of any right or privilep herein panllld. tbe rip& of Licemee to that extaJt shall termina1e. bu& its obliptioa to i,....,...;fy 111d save bamlea tbe City, i1s officen and cmployecs. lball not tenninale in any eveal. 2 • t .. • • In granting the above authorimion, the City reserves the right to make full U11e oftbe property involved • may be necessary or convenient in the operalioa of the Waler works plant and IY*lll underCOIIIIOI oftbe City. IN WITNESS WHEREOF this instrument ha been clxecufed • oftbe day and year first above written. ATTEST: CITY OF ENGLEWOOD, City Clerk By _________ _ Mayor APPROVED AS TO FORM: ATI'EST: City Attorney City Ciak The uadcnipeclaulbarimd officer of ____________ _ bas read the foreaoiaa Liceme al 1p1111br al Oil bebllf of llid _____ -,--__ ---------,,------tblt it will allelptal will allide by Ill ........... conditions thereof. LICENSEE: ATTEST: Tide 3 SHEET I OP 2 21 fOO'f WIDE UTO..l'l'Y CRcmlNG UCENSE AGRD!MENT LEGAL DESCRIPTION A PARCEL OF LAND SmJATED IN TIIE NORTIIEAST QUARTER OF SECilON 9, TOWNSHIP 5 SOUTII, RANGE 68 WEST OF TIIE SIXTII PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORAOO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON TIIE WESTERLY RIGHT-OF-WAY OF 11IE CITY DITCH, FROM WIBCH 11IE CENTER QUARTER CORNER. OF SAID SECilON 9 BEARS S n° 14'2r W, 928.09 FEET; 1llENCE N 07°572CY" W, ALONG SAID WESTERLY RIGHT OF WAY, A DISTANCE OF 20.00 FEET; 1llENCE N 82°02'4cr E, DEPARTING SAID WESTERLY RIGHT OF WAY, A DISTANCE OF 30.00 FEET TO 11IE EASTERLY RIGHT- OF-WA Y OF SAID CITY DITCH; 1llENCE S 07°572(1" E, ALONG SAID EASTERLY RIGHTOFWAY,ADISTANCE OF20.00 FEET; 1llENCES 82°02'4crW, DEPARTING SAID EASTERl. Y RIGHT OF WAY,_ A DISTANCE OF 30.00 FEET TO 11IE POINT OF BEGINNING. . TI1E ABOVE DESCRIBED PARCEL CONTAINS 600 SQUARE FEET OR 0.014 ACRES MORE OR LESS. BASIS OF BEARINGS: TIIE SOU1H LINE OF 1llE NORTHEAST QUARTER OF SECTION 9 BEARS N 90°0(100" E, AS SHOWN ON 1llE BEU. ISLE GARDENS SECOND FWNO SUBDMSION PLAT RECORDED UNDER RECEPTION NO. 475064. LICNSILWPD IWIW2 ZVLSTRA BAKER SURVEYING, INC 1510 W. TUF1'S A VE. ENGLEWOOD CO IOI JO 303-781-0700 EXHIBIT NE1/4 SECTION 9, T. 5 S., R. 68 W., 6TH P.M. CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO N 0 10 20 40 Fi;;.--.; j L01' , BKU. ISU COIIIIONS SUBDIVISION \ \ I \~,\~ \il,flg ~"'~£ \i~i J ~ \ N onr20H w CONTAINING 600 SQUARE FEET OR 0.014 ACRES MOR£ OR LESS SCALE : 1 "=20 ' 20.00· \ POINT OF B£GIIHN(J S 0'7"57'20" £ 20.00· I I CENTER 1/4 CORNER SECTION 9 rouNO 3 . I / 4" Al.UM CJ.I> IN RANGE BOX "COLO OEP1' or TRANSPORTATION EAST I/ 4 CORNER SECTION 9 rouNO 3 I/ 4 • Al.UM CN' IN RANGE BOX "COLO DEPT Of TRANSPORTATION T5S RIIIIW 1/4 S9ISIO 1998 Pl.S NO 23515° T5S Reaw C I 4 SEC 9 1~7 PlS NO 10734" N 110°00· oo· 1 ,..,, .... ------ 1 TH IS EXH I BI T OO(S t«>T REPRESENT A IOUENTEO SUNEY . IT IS INTO«O k Y TO OCP ICT Tl£ ATTA0£0 DESCRIPTION . CfTY OF ENGL£WOOD Olll>WN 8'f SC,ti£ JRT I "•20' l°"lt 10/15/0:? A 20 .00 rooT WIDE: UTILITY CROSSING LIC[NS[ MXmNT S ITUATED IN 1l€ NQRMAST CIJMTCR SECT ION 9, T 5 S. Rell , 5TH P .M , CI TY Of DG.EWlOO . COUITY ~ IIW>Ai«.. STA TE ~ C<l..lJUOO SKET2~2 .. ... t .. • • GRANT OF CONSTRUCTION EASEMENT nns AGREEMENT is made this~ day of NQ vcf M,]cf ,f , 200~ SCHWINN PROPERTIES LLC ("Schwinn"), whole principal place of business is 2597 Soudi Hmtm Court, Llkcwood, Colondo I0227, and the CITY OF ENGLEWOOD ("Englewood"), a Cokndo municipality whole priocipa1 place of business is 1000 Englewood Parkway, Englewood, Colorado IOI 10. WHEREAS, Schwinn desires to iDSlall a warcr service line in m Enpewood City Ditch right-of-way in the loc:aliori depided upon the exhtlm IIIIChed lllnto and made a pat hereof (the .. Project"); md TIIE PARTIES~ 11111 aaree • follows: I. Descriplioo of Project. Schwinn will install a Wlllilr service line in the Englewood City Ditch fiaht-of-way and cover w wilh clan fill dirt beainnml in November, 2002. Aftmr the pipe is installed and co¥end, wbic:h is ID beno laterlhm Febnmy of 2003, Schwinn will do whit is reaonably .-y ID reslDle lbe propert_y ID lbe oripial coadition. 2 . Right to SIDre Mallrials. F.npwood ...-ID permit Schwinn, in conjunc:tion with the construclion and imlallation of pipe , to store pipe. ecp•ipmeat and till dirt on a site as indicated on lbe lllached m1p. Scbwinn ...-lo erect a tmponry IDCUrily r.nce around the SIDl9 sile and maintain adequllle security for the site • aO lime. Schwinn lilllher ..... to comply wilh all stale and federal Sllmles and replalians repnlina lbe hmdliill, *""F, and clean up of any 1-daus --... by Sdlwian, ill aaployw, ......... ii CXJlilDDIO widl lbe Praject. 1be loc:aliori of lbe COllllrUdion -.nt is cllpicllld upon lbe aa.:bed Exhibit. 3. l.malh of A.,__ This~ 111111 apn on Odoblr 31, 2003. aw-, lbe Project IDllll DOI bepl before NCMlllblr I, 2002. 4. Access. Schwinn sball lave the tmponry IIIIIHlldulive riabt ID ... lbe propesty for any talOlllble purpme .-y for die cmaui:liaD ollla Projm llabj9cl ID lbe followiaa rall'ic:1iolis: I) nonal Wffllila 11111n 111111 t. Iha 1:00 LIii. 11111114:00 p.a.; 2) Ila apllllion of ecp•ipmaar ad 1-Yy tnlCU will be ...... Cl8 .. pnlpllly aaly --.--wwldas boln; 3) Sc:hwian will comply will! all Cily of E...-,.1 n,quirmaa ~ wp1w:y _. ID lbe pn,paty. 6. Rcstoralion. Sc:hwm will do whit is _,-1111 ,.._ die J110PC111Y ID ill oriplal condilioa including but not limiled 1111: ,..,._. die Jll'OPlftY lmdlr dlil ................ die property --.111 Cily ofE...-,d requirw. Tha ,-..mcm ii ID be complerf by lbe expirllion dale of dais G ..... Sile Coadilion. Sc:hwn wil provide~ for die • 11 all tima ID addiliaa. Sdrwa will mdeavor10U11pdle.ilavilually• pl u,---. .. -or... ad Schwim will ............. connl ei!Mrby npllrty ............... _ orbyCJdlSKC pldll ...... .. t -~ .. . ,·· • • N I .. i ~ I ! a· ~ (' ti l flff n ~ r irt':! ~ ;i t !z Io ,,. C ~ 0 ... l i!J O .,, ii l11 f.. 1 1 i '1·1 rt ~ 1f. ~f f lfi~;~ -- § I s§ J t,• [\ Si B< I Jt ~ l • 11 f I ~n ! 1.-i e 1 , Hl1· I , , af r t\ .t I It ~ ~ l ·l-1 ' ~ 8 'Cl f . f •i i !~ i rlf ffl l ,:II • f ii 0 ii' s f lf· t 'I . i l ! l f f 'l IJ I 1, i ~ i[ 1 I i I J !I' :-,I , 11~ r , 1 i. l . 0 ~ 1' s· ... l · Jiif. iH l1 ~, ~,,1 '"'I "8 ~!: . ·1ir t f . R' i: i· a· I!: ft ~1·1i ~·! t l !la: nu n1 r-1 111 i,i Hi tJ I IJ CONSTRUCTION EASEMENT LEGAL DESCRIPl'ION EXHIBIT 9111&TIOPJ A PARCEL OF LAND SITUATED IN 1llE NORlllEAST QUARTER OF SECTION 9, TOWNSHIP S SOUTH, RANGE 61 WEST OF 1llE SIXnl PRINCIPAL MERIDIAN, CllY OF ENOLEWOOD, COUN1Y OF ARAPAHOE. STA TE OF COLORADO DESCRIBED AS FOU.OWS: BEGINNING AT A POINT ON 1llE WESTERLY RJGIIT-OF-WAY OF 1llE Cl1Y DITCH, FROM WHICH 1llE CENTER QUARTER CORNER OF SAID SEC110N 9 BEARS S 77°1S'28• W, 928.07 FEET; 1llENCE N 07°S1?J1' W, ALONG SAID WESTERLY RIGHI' OF WAY, A DISTANCE OF 40.00 FEET; 1llENCE N 12°02'40" E. DEPARTING SAID WESTERLY RJGIIT OF WAY, A DISTANCE OF 30 .00 FEET TO 1llE EASTERLY RJOIIT-OF-WAY OF SA1DCl1Y DITCH; THENCE S 07°l 7'2f1" E. ALONG SAID EASTERLY RIGHT OF WAY, A DISTANCE OF 42.05 FEET; THENCE S 00°09'00" E. CONTINUING ALONG SAID EASTERLY RIGHT OF WAY, A DISTANCE OF 42.0S FEET; THENCE S 19°Sl'OO• W, DEPARTING SAID EASTERLY RJGIITOF WAY,A DISTANCE OF 30.00FEETTO 1llE SAID WESTERLY RIOIITOF WAY; 1llENCE N 00°09'00" W, ALONG SAID WESTERLY RIGHT OF WAY, A DISTANCE OF 40.00 FEET TO 1llE POINT OF BEGINNING. 11IE ABOVE DESCRIBED PAllCEL CONTAINS 2461 SQUARE FEET OR 0.056 ACRES MORE OR LESS. BASIS OF BEARINGS : DIE SOUTH LINE OF DIE NORntEAST QUARTER. OF SEC110N 9 BEARS N 90°00'00" E, AS SHOWN ON 11IE BELL ISLE OARDENS SECOND Fll.lNG SUBDIVISION PLAT RECORDED UNDER RECEP110N NO. 47S064. ZVLS11lA BAKER SURVEYINO, INC 1510 W. 1\JFTS A VE. ENOLEWOOD CO NI 10 303-711-0700 EXHIBIT NE1 / 4 SECTION 9, T. 5 S., R. 68 W., 6TH P.M. CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO N 0 10 20 40 r=i:::;;; j SCALE : 1 "=20' Ul1' , B8U. ISU COIIJIONS SUBIIMSJON IAf' a \ \ §%l \\jlia~ ~ .. Jx T' BnJ. /SU COIIIIONS SUBDMSION S 07'57"20 .. E 42.05' CONTAINING 1 SJQUAR£ FEET OR O.OfS6 ACRES MOR£ OR LESS S fXT'm'OO .. E 42.05' s atnt'OO" ., .noo· CENTER 1/4 CORNER SECTION 9 FOUND J 1 / 4 • Al.UM C/1P IN RANGE BOX "COLO DEPT OF TRNISPORTATION EAST 1 / 4 CORNER SECTION 9 FOUND J 1 / 4 • Al.UM CN' Iii RANGE BOX "COLO DEPT OF TRANSPORTATION T5S RS8W 1/4 S9fS10 lllff PlS NO 23518" 5S RMW C 1 4 SEC 9 1997 PlS NO 10734" N woo·oo· 8 zat.4'' --- I . THIS EXHIBIT DOES NOT REPRES(NT A IIONJIENTEO SUNEY . IT JS INT~D ON..Y TO DEPICT M ATTACt£0 DESCRIPTION . CITY OF ENGLEWOOD OIIAWN 8Y SC.OU: J RT 1"•20' CHCCl<CD ll'f 0.1[ soc 10/18/02 A CQNSnu;T ION EASDIENT SlllM'TED IN M NCRTI€AST QUMTER SECTION 9. T 5 S, R •• 8TH P II •• CITY Of ENCU'M)OO, COLNTY Of '6t>P#U. STAlE Of COL~. ' • • • OIU>INANCE NO._ SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) f BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE REGIONAL HAZARDOUSMATERIALSBOARDOFARAPAHOE/DOUGLASCOUNTIESFOR THE PURPOSE OF HAZARDOUS SUBSTANCE PLANNING IN THE EVENT OF THE OCCURRENCE OF HAZARDOUS SUBSTANCE INCIDENTS IN THE AREA. WHEREAS, Section 29-22-102(3)(A) and (8), C.R.S., requires that the governing bodies of every town, city, and county designate an emergency response authority ("DERA'') responsible for hazardous substance incidents occurring within the respective jurisdictions of the governing bodies; and WHEREAS, the Emergency Planning and Community Right to Know Act ("EPCRA"), 42 USC Section 11001 et seq., otherwise known as Title ID of the Superfund Amendment and Reauthorization Act ("SARA Title 111") Pub. L. 99-499, requires the establishment of local emergency planning districts and committees ("LEPCs") who establish emergency response plans, hazardous chemical reporting requirements and ensure emergency notification from a fixed facility upon a release; and WHEREAS, Part 26, Article 32, Title 24, C.R.S., provides for implementation within Colorado of the EPCRA; and WHEREAS, Section 18(2)(a) and ()(b) of Article XIV of the Colorado Constitution and Section 29-1-201, C .R.S., permit and encouraae aovemmcnts to enter into contracts to make the most effective use of their resources for the benefit of the public; and WHEREAS, SectJon 29-1-203, C .R.S ., authorizes the State ofColondo and its political subdivisions to enter into contracts to provide functions or services, including the sharing of costs of such functions or services, which each of the contracting putics may be authorized to provide; and WHEREAS, the Parties wish to enter into this IGA for the purpose of establishing a separate governmental entity known as the Reaional Hazardous Materials Board of Arapahoe Douglas Counties ("RHMBADC") to replace the existina Arapahoe County Hazardous Materials Board, for purposes of conducting joint hazardous materials activities, including without limitation, planning, information manaaement, initial response, equipment procurement and sharing, penonnel procurement and training, reimbursement and financial management; and WHEREAS, to receive the RHMBADC Members resourcc(s), it is cost effective for each of the RHMBADC Members to make available durina a hazardous materials incident, its own resources to other affected RHMBADC Members; and -1- IObl -·' • ' ! t • • WHEREAS , it is in the best interests of the public and each RHMBADC Member to have access to hazardous materials response resources of other RHMBADC Members to supplement their own resources during a hazardous materials incident NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scctjon l . City Council of the City of Englewood, Colorado, hereby approves the Intergovernmental Agreement with Arapahoc/Douglu Counties Regional Hazardous Material Board for mutual aid during a hazardous materials incident Section 2. The Mayor of the City of Englewood and the City Clerk arc hereby authorized to sign and attest said Intcrgovcmmcntal Agreement for and OD behalf of the City of Englewood . Introduced, read in full, and passed on first reading on the 4th day of November, 2002. Published as a Bill for an Ordinance OD the 15th day of November, 2002 . Read by title and passed OD final reading OD the 2•• day of December, 2002. Published by title as Ordinance No. __ , Series of 2002, on the 6° day of December, 2002. Beverly J. Bndsbaw, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that th e above and foregoing is a true copy of the Ordinance passed OD final reading and published by title as Ordinance No . __ , Series of 2002 . Loucrishia A. Ellis -2- • • • -- ~~ UCOUlffla-llOIIILIIAZAIIDOl'8 ............ (RBMBADC) REGIONAL HAZARDOUS MATE~ BOARD OF ARAPABOl'JOOUGLAS COUNTIES RECIPROCAL HAZARDOUS MATERIAL INCIDENT INTERGOVERNMENTAL AGREEMENT ("IGA") This lGA is made and entered into this day of 2002 by and between Arapahoe County, Byers Volunteer Fire Department, Town of Castle Rock, City of Centennial, City of Cherry Hills, Town of Columbine Valley, Cunningham Fire Protection District, Deer Trail Fire Protection District. J:>ouslas County, City of Enslewood. Town of Foxfield, City of Glendale, City of Greenwood Village. Town of Larkspur, City of -ittleton, City of Lone Tree. Town of Parker, Parker F&re Protection District. Caty of Sheridan, '>utb Metro Fire and Relcue, Skyline Fire Protection District, Strasburg Fire & Rescue, hereinafter referred to u "RHMBADC Operational Members" or "Parties ." RECIT~ A. WHEREAS, Section 29-22-102(3Xa) and (b), C.R.S., requires that the governing bodies of every town. city and county designate an emergency response IUtbority ('1)ERA ") raponsa'ble for hazardous eubatance incidents occurrins within the respective juriadictions of the governing bodies; and B . WHEREAS, the Emergency Planning and Community Right to Know Act ("EPCRA"), 42 USC Section 11001 et seq ., otherwile known u Title m of the Superfimd Amendment and Reauthorization Act ("SARA Title Ill") Pub . L . 99-499, requires the establishment of local emei,gency planning districts and committees f'LEPCs") who establish emergency response plans, hazardous chemical reporting requirements and ensure emeagency notification ftom a fixed facility upon a release; and C . WHEREAS , part 26, article 32 , title 24, C.R.S ., provides for implementation within Colorado of the EPCRA; and D . WHEREAS. Section 18 (2) (a) and (2) (b) of Article XIV of the Colorado Constitution and S ti on 29-1-201, C .R.S., permit and encourage governments to enter into contracts to make the most effective use of their resources for the benefit of the public ; and E. WHEREAS , Section 29-1-203 , C.R.S ., authorizes the State of Colorado and ita political subdivisions to enter into oontrlcts to provide functions or services, including the sharina ol costs of such functions or lerVices, which each of the c:ontrldina parties may be IUtboriJlOd to provide ; and • 1 • •-roe• ft/Na ' ... ' .. .. . ; • • ' _ _,,_ . F. WHEREAS, Section 29-22-103(3), C.R.S ., encourages mutual aid agreements between emergency response authorities for the purpose of enhancing the response to haz.ardous substance incidents and establishing procedwes for, among other things, utilizing equipment, sharing technical assistance and promoting the safe handling of hazardous substance incidents; and G. WHEREAS, hazardous materials incidents may arise in one or more of the Parties' jurisdictions, resulting in respome demands that exceed the penonnel, equipment and/or expertise of that particular Party; and H. WHEREAS, the Parties wish to enter into this IGA for the purpose of esllblishing a separate governmental entity know u the Regional Haz.ardous Materials Board of Arapahoe Doug1u Counties ("RHMBADC") to replace the exilting Arapahoe County Hazardous Materials Board, fur purposes of conduc:tins joint huardous materials activities including without limitation. plannins, information management, initial response, equipment procurement and sharing, personnel procurement and training. reimbursement and tinancial management; and I. WHEREAS, the Parties wish to facilitate panicipation in u:b joint buardous materials activities by other agencies and entities with capabilities or responsibilities related to hazardous materials activities, which other asencies and entities, upon joining the RHMBADC u provided herein shall be known u .. Pluming Memben, .. and which along with the RHMBADC Operational Members, shaU be referred to collectiwly u "RHMBAOC Members"; and J . WHEREAS, to receive the RHMBAOC Members raoun:e(1), it ii COit effective for-=b of the RHMBAOC Members to make available during a buardoua lllltlriall incident, its own resources to other affected RHMBADC Memben; and K. WHEREAS, it is in the belt intenltS of the public and -=II RHMBADC Member to have access to hazardous materials rapome resourcea of other RHMBADC Members to IUJJPlement their own resoun:a during a huardous maaeriala ~ and L. WHEREAS, establishment of the RHMBAOC will aw a public Pll'JX* and will promote the safety, security, and general welfare of the inhabitants within all the plrticipating Parties ' jurisdictions; ' AGREEMENT NOW, TIIEREFORE, in consideration of the mutual benefits that will inure to the public and the Parties, and the mutual convenants by and between each of the Parties, it is .-S u follows : 1. Establishment of RHMBADC . The Rep,nal Huardous Mllerials Aa>ciatioa of Anpaboc Douglas Counties ("RHMBADC") is hereby aaablished a a ...-~ .ay, .,. ·-'10C-f1'MIII t • • in accordance with Section 18 (2) (a) and (2) (b) of Article XIV of the Colorado Constitution and Section 29-1-201, et seq., C .R .S. 2. ~-This IGA is entered into for the express purpose of creating RHMBADC and the mutual cooperation between the RHMBADC Members for hazardous substance planning under EPCRA and Sections 24-32-2601, et seq., C .R.S. (LEPC function), and in the event of the occurrence of hazardous substance incidents it is intended to provide for the planning and initial emergency action necessary to minimize the effects of the buardous substance incidents under Article 22 ofTitle 29, C.R .S. (DERA function). The RHMBADC Members have entered into this lGA and asree to participate in RHMBADC in reliance upon the rights, obligations and immunities conferred upon them by these statutes. In pursuing its LEPC and DERA support functions, RHMBADC shall exist for the purposes of coordinated planning, information management and reporting, training, education, coordination, rapid deployment of qualified personnel and proper equipment for pre-and initial hu.ardous substance emergency action and the financial management necessary to achieve the purposes of the IGA and minimize the effects of hazardous subatance incidents within Arapahoe andJ>ouglu Counties. This IGA is not intended to, nor shall it be construed to, affect or extend the legal responsibilities of any ofRHMBAOC Member except u expressly provided herein; create or extend any legal rights to any person from any RHMBADC Member that do not otherwise exist in the absence of this IGA; or, to waive any claims which may arise u a result of a hazardous materials incident, including claims for reimbursement from persons responsible for hazardous substance incident or from any emergency response funds created under state or federal law. 3. Definitions . As used herein the terms "hrwdous material incident" and "hamdous substance incident" shall be synonymous and shall haw the same meaning u provided in Section 29-22-101(2), C.R.S ., u amended from time to time. 4. Membership . There shall be two categories ofmembenbip in RHMBADC. A. OJ,erational Memben . Parties to this IGA shall be Operational Memben of RHMBADC . Each Operational Member shall name one rcprelClltatiw u a full voting member of the Board of Directors ofRHMBAOC . Each Operational Member may also designate an alternate for the purpose of attending meetinp and votina in the abaence of the designated representative. Operational Member representatives shall comprise the RHMBADC Board of Directors. 8 . Plannina Members . All other members of RHMBAOC shall be designated u Planning Members, with voting privileges limited to issues related to the LEPC function u may be provided in the RHMBAOC Bylaws. As required by EPCRA, in its function as the LEPC, RHMBADC shall include representatives ("Planning Members") from the following groups u such representatives are available, are approved for membenhip by the Colorado Emergency Planning Commission after nomination to the Arapahoe or Douglas County Board of Commissioners, and qree to participate u RHMBADC Planning Members u further provided in the Bylaws : -"l - ' I ' :, ! • • , - 0 ,. a . elected state and local officials, b. law enforcement , c. civil defense, d. fire fighting, e . first aid, f health, g. local environmental interests, h. hospital and transportation personnel, i. broadcast and print media, j . community groups, 0 0 k. owners and operators of facilities subject to reporting requirements, I. federal. state or local government departments and agencies involved in hazardous materials related activities or emergency planning, and m. persons designated by the RHMBADC Board of Directors, the Arapahoe County Sheriff: the Douglas County Sherift: or the Board of County Commissioners as necessary to meet the intent of the EPCRA. 5. Board of Directors . A Board of Directors consisting of the designated representatives of the RHMBADC Operational Members shall govern the business and affairs of RHMBADC. Officers of RHMBADC shall be elected from among the Operational Members' representatives as provided in the Bylaws. The elected Treasurer ofRHMBADC shall have the primary responsibility of managing the financial resources of RHMBADC with oversight by the Board of Directors u further provided in the Bylaws . 6. ~-The RHMBADC Board of Directors shall, by a two-thirds (2/3) vote, enact and from time to time amend bylaws ("Bylaws") to govern the organization and operation of RHMBADC . 7. LEPC Authority . RHMBADC Operational Members and Planning Members shall jointly constitute a subcommittee with the authority and responsibility to function as the LEPC for Arapahoe and Douglas Counties pursuant to the EPCllA and Section 24-32-2604, C.R.S .. Specific LEPC functions required of the su_bcommittee shall be enumerated in the Bylaws. 8 . DERA Responsibilities . Nothing in this IGA shall be deemed to alter the authority of any existing DEllA pursuant to Section 29-22-102(3), C.R.S ., except for coordination of cost reimbursement as described herein . A response by RHMBADC team(s) and equipment to a hazardous substance incident under this Agreement shall be under the operational control of the DERA, and shall not alter the responsibility of the DERA in whose jurisdiction the incident occurs to command the response . All Parties hereto hereby delegate to RHMBADC their DEllA authority to seek cost reimbursement for hazardous 111bstance incidents involving a response by RHMBADC teams or equipment . 9. Cost Reimbursement . Whenever a response to a lw.ardous substance incident involves RHMBADC team(s) or equipment, the Parties agree that RHMBADC shall function u RHlaADCIGA ff/f41'11 -4- ... .•' • ' .. i ' • • -- 0 ... • • coordinator of claims for reimbursement of costs incurred by all responding RHMBADC Members (including the DERA). The Board of Directors shall adopt procedures for preparing and submitting requests for cost reimbursement and allocation of reimbursement revenue . The RHMBADC shall timely submit the coordinated claim on behalf of itself: the DERA and the responding RHMBADC Members. Should such reimbunement proceeds be less than the total costs of all RHMBAOC Members (including the DERA) involved in the incident response, reimbursement to all such RHMBADC Members (including the DERA) shall be reduced in a proportionate manner . Unreimbursed costs inaured by RHMBAOC team(s) or equipment shall be ab10rbed by the RHMBAOC members involved in the incident. Any reimbursement of costs coordinated by RHMBAOC shall follow the rules for reimbursement ("Rules") as promulgated by Colorado Department of Public Safety pursuant to Section 29-22-104 (6)(a), C.R.S . Claims for reimbursement aball be submitted to RHMBADC within 15 days following the date the incident scene is declared safe by the DERA. All Parties to this Agreement and all Planning Members, by participating in RHMBADC waive any rights to seek reimbursement for an incident for which RHMBAOC has been delegated reimbursement authority, except through RHMBAOC, and authorize RHMBADC to settle and compromise any claim for reimbursement following procedures adopted by the Board of Directors . 10. Response Area . It is the intent of the parties that the primary response area ofRHMBAOC shall be limited to Arapahoe and Douglas Counties . Upon written agreement signed by two- thirds (2/3) of the Board of Directors, RHMBADC may enter into agreements to provide assistance outside Arapahoe or Douglas Counties . 11. RHMBADC Response . Whenever the DERA determines that a haz.ardous IUbstance incident within its jurisdiction requires RHMBADC personnel or resoun:es, a request for RHMBADC assistance shall be made. Upon receiving a request for auiltlDCc. the RHMBADC Response Team will respond to the location of the buardous mbmoce incident with available and qualified personnel and equipment . For the duration of the hazardous substance incident, the responding RHMBADC Team(s) and/or RHMBADC Member personnel shall defer to the DERA for designation of Incident Commander . The Response Team will be responsible tor mitigating and preventing further danpr to life. property, and environment, but will not be responsible for clean up or disposal of hazardous substances . ·12 . Fundina and Property . Hazardous materials incident response costs and reimbursement shall be the responsibility of the responding Members pursuant to Section 9 of this Agreement . The Board 's annual budget will be determined by the Operational Members . Anmaal revenues, exclusive of hazardous materials incident response costs and responsible party reimbursement , shall be paid by the Counties and Municipalities that are Operational Members . County and Municipal annual charges shall be the proportionate share of the annual budget based on usessed valuation . County and Municipal anooal cbarps are subject to formal approval by the governing body of each individual County or Municipal Operational Member . The procedures for budgeting, setting contributions and approvals by the governing body of each County or Municipal Operationu Member shall be delailed in -'i - ltl-:1\0C IU ff/f4111 ' .... ,, .. i 9· • the Bylaws . It is the intent of the Parties that financial support ofRHMBADC functions and equipment, as well as reliance on RHMBADC equipment and expertise. shall be shared among the County and Municipal Operational Members. Annual payments by counties or municipalities and equipment, training and personnel by districts to RHMBADC shall be considered payment for services provided by RHMBADC . To the extent possible, RHMBADC shall at all times operate as an enterprise pursuant to Article X. Section 20 of the Colorado Constitution . 13 . RHMBADC ResJ,onse Team . It is anticipated that RHMBADC will respond to incidents through the existing Response Team oapnized pursuant to Arapahoe County Hazardous Materials Board Agreements between Arapahoe County and other Members, and which consists of individuals from various RHMBADC Members and equipment funded by RHMBADC responding and working as a single unit. 14 . Employees of RHMBADC Members. When providing any services pursuant to this IOA, including responding to a hamrdous materials incident and providing services in furtherance oftbe EPCRA under this lOA, employees ofRHMBADC Members shall at all times remain and act as employees of their respective RHMBADC Member, subject to the terms of this IGA RHMBADC Members shall remain responsible for the compensation, benefits and insurance of such employees at all times . 15. Termination. Any RHMBADC Operational Member may terminate or withdraw from this IGA for any or no reason upon one hundred and eighty (180) days written notice in advance of January 1 of any year to the RHMBADC Board of DiJecton. Such written notice shall serve u a formal amendment to this Asreement and negate the need for further amendment . Any dues, donations or other payments owing at the time of withdrawal shall be paid prior to withdrawal, and any amounts previously paid shall not be reimbuned upon withdrawal from RHMBADC. Any Plannios Member may withdraw at any time upon written notice to the RHMBADC Board of Directon, IUbject to the same reimbunement rights and obligations. 16 . Additional OJ)Cl:ationaJ Mc;m)>en . Apncies desiring to join RHMBADC u Operational Members subsequent to its initial organization shall exeaate a copy of this Aareement and a separate agreement with the RHMBADC Board of Directors that adheres to the policies and principles herein, and pay accumulated clues, capital contributions or other uaessments u determined at the discretion of the Board of Directors . Such Agreements for Operational Members shall be approved by a majority vote of the of the Board of Directors . Upon delegation of an Operational Member's DERA authority to IDOCber entity, u:b entity shall become an Operation Member upon exemting aach agreements and approval by the Board of Directors. 17 . Books and Records The Board shall mainwn adequate and correct account1 of the RHMBADC funds, properties and business transactions, which accouall lball be open to inspection at any reasonable time by the parties hereto, their attomeys, or their lpllll. Tbe • f,. ·-IIOCIM ff/f""' .. ... I . • l ., ! I ' • • Board shall cause to be conducted an annual audit, which audit shall be conducted by an independent accountant licensed to practice in the State of Colorado . The Board shall tender a copy of said audit to the governing bodies of the respective parties. 18 . Reports. Within thirty (30) days after the end of each fiscal year, the Board shall prepare and present to the respective city councils, town boards, boards of directors of the fire districts/departments, boards of county commissioners for Arapahoe and Douglu Counties, a comprehensive annual report of the Boards activities and finances during the preceding year . The Board shall also prepare and present such report(a) u may be required by law, regulation or contract to any authoriz.ed federal, state, or local official(s) to whom such report is required to be made in the course and operation of the Board. 19 . Governmental Immunity . Nothing in this IGA shall be construed u a waiver of the limitations on damages, or u a waiver of the privileges, immunities, or defenses provided to, or enjoyed by, any of the RHMBAOC Members under common law or pursuant to statute including, but not limited to, the Colorado Governmental Immunity Act, Section 24- 10-101, et seq., C.R.S . and Sections 24-32-2604, et seq., C.R.S . 20 . Worker Compensation and Pension Benefits . Pursuant to Sections 29-S-109, and 29-S-110, C.R .S., and this IGA, if any personnel of a responding RHMBAOC Member is injured, disabled, or dies u a result of performing services within the boundaries of another jurisdiction, said individual shall remain cioverecl by, and eliS1"ble for, the workers' compensation and pension benefits, includins disability, death, and llll'vivor benefits, to which the individual would otherwise be entitled if the injury, diubility, or death bad occurred within the juriadi ional boundaries of the raponding RHMBADC Member. 21 . Prior Ameo,ents . The terms of this IGA sball aupenede the terms of any pre-existilig agreements between RHMBAOC Members reprdina respcmes to bmrdoua IUbstance incidents and actions or responsibilities under EPCRA, includins Arapahoe County · Haz.ardous Materials Board Agreements between Arapahoe County and other Members. This IGA shall not affect or supersede any other agreements, including ID1tUal aid agreements between RHMBAOC Members except u such aareements relate to respomes to hazardous substance incidents and actions or responsibilities under EPCRA 22 . Whole Amemeot -This IGA embodies the whole agreement between the parties reprding responses to hazardous substance incidents and actions or responsibilities under EPCRA, except for incidents that do not require the usistance of other IUIMBAOC Members or RHMBAOC, and there arc no inducements. promiaes, terms, conditions or other obliptioas made or entered into by the parties other than thole contained herein . 23 . Successoo and Assips . This lGA shall be bindins upon the parties hereto.. their reapective suc:cesson or usigns, but may not be usiped by any party without the expreu written consent of the other parties . -7- ,._l'IOC,U ff/f4M ' .. .;,t • • 24 . Sevcoble . All terms contained in this IGA ue sevwable and in the event tblt a court of competent jurildiction shall bold any of them invalid, this IGA shall be interpreted• if IUCh invalid term or condition is not COllllined herein. 25. Autboriz,atiog. The lipatories to this IGA affirm and wamat that they ue Idly llltbomed to enter into IDd execute this Apeemem. 111d all necemry ICtioaa, notices, ..-inp wJ/or beuinp punuant to any law required to IUthome their exec:ntion of this IGA uve been made. 26 . Arnffld!DCDI This IGA may be amended fiom time to1ime by written IGA .cWJ llltbomed by all the parties to tbia IGA No moditkatioa or Wliwr of tbia IGA or any covemnt. condition or provision contained herein sball be valid ualeu in writina and cWy exec:nted by all parties. 27 . No ninl Pany BcocfieNie. This IGA does not IDd shall not be cleesned to confer upon OI' grant to Ill)' tbird party Ill)' ript enfiJrcelble II law or equity .uiag out of Ill)' term. c:ownaat. or condition herein OI' tbe lnlch tbereof'. 21 . 8,n,olj,w This IGA, or a memorandum oftbis IGA, may be recorded in tbe reconb oftbe Arapahoe IDd J>oua1u Cauntill' Clerk IDd Recorder . 29 . EfFectin PIii Thia IGA sball be effec:tiw upan appn,val by a:11 of the IHMBADC Opaaiollll Members named lmin.. evideDcld by ... ..., .............. anlimaoe or odlll' 1pp1op1iate artholizatiml ofwb, and tbe .,..., oftbia IGA by die Ops.._. Memben' IUtboriml ............ ...,.. ftlNII Need to have separate signature pages set up for municipalities or counties and fire districts. Cunningham Fire Protection District Chief Date Parker Fire Protection District Chief South Metro Fire Relc:ue Chief Town of Cherry Hills Mayor Date City of Greenwood Village Mayor Town of Larkspur Mayor Arapahoe County Sheriff Date Douglas County Sheriff' Town ofCutle Rocle Manapr City of Englewood Manager Date City of Glendale Manager Date City of Littleton Manaaer City ofLooe Tree Manager City of Cherry Hills Manlpr' • • City of Sheridan Manaaer .Q. Town of Columbine Valley Manager Skyline Fue Protection District Chief Deer Trail Fue Proteclion Diltric:t Chief Struburg Fare & Relcue Cbief Byers VolunteerFue Department Chief Town of Park« Mayor Town of Foxfield City of CenleMill ~NO._ SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO. 61 INTRODUCED BY COUNCIL MEMBER GARREIT Mt~ APPROVING AN INTROOYDNMINTALa»rl'IACl'El'WIBN ; THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD, COLORADO, RELATING TO THE LAW ENR)RCEMENT ASSISTANCE FUND (LEAF) PROGRAM . WHEREAS, the City Council of the City of Englewood participated in the LEAF program since 1996; and WHEREAS, the Englewood Department of Safety Scrvicca hu submitted an application to the Colorado Department of Highways, Office of Transportation Safety, for funding to c:onduct a program under the Law Enforcement Assistance Fund (LEAF) for use in the de~on and apprehension of DUI driven within the City of Englewood; and WHEREAS, pursuant to 43-4-404, C.R.S., the Stale is aulhori7.ed to alloc:IIC LEAF funds by contract to local cities and counties 10 benefit the health and safety of persons in Colondo by the implementation of local programs developed by these local authorities for drunken driving prevention and law enforcement improvements; aru1 WHEREAS, the IOlal budget UDOUDI authoriz.cd by the coatracl for the actual C0111 of die project work is $30,000 with the Sta1e's contribution equal to 1~ of die $30,000; and WHEREAS, the EnaJewood Department of Safety Scrvica hu available die IIDdmical ability to properly perform the project a dacribed in die applicalioa and 10 addraa die LEAF objectives of the Stale Lcsialuure, and the City's in-kind COIi is Cllimaled to be $3,000. NOW, THEREFORE. BE rr ORDAINED BY TiiE CITY COUNCll. OF TiiE CITY OF ENGLEWOOD . COLORADO, AS l'OLLOWS : ~-The lntcrgovcmmcntal Aaree-nl between the Stale of Colondo, for the IIIC and benefit of the Colorado Dcpanmcn1 of Tranaportalion, Office of Tramportation Safety, and the City of Englewood, for the Englewood Dcpanmcnt of Safety Services, (Police Dcputmeol), a copy of which marked Exhibit A, is anached hereto and lncorporaaed herein by refcrcncc 1cnown 11 L-29-02 , is hereby approved by Englewood City Council. ~-The Mayor and City Clerk are hereby authorized to sign and IIIICII said Contract on behalf of the City of Englewood and the Englewood Department of Safety Services. Introduced, read in full , and passed on fml reading on the 18th day of November, 2002 . -1 - • t .. • • Published as a Bill for an Ordinance on the 22nd day of November, 2002. Read by tide and passed on final reading on the ri day of December, 2002 . Published as Ordinance No . __ , Series of 2002, on the 6• day of December, 2002. Beverly J. Bllldahaw, Mayor ATfEST: Loucrishia A. Ellis, City Clerlt I, Loucrishia A. Ellis, City Clerk of the City of En&lewood, Colorado, baeby cenify that the above and fOR&oing is a true copy of the Ordinance passed on final reading and published by tide as Ordinance No . _, Series of 2002 . Louc:risbia A. Ellil -2- • • ' • Project No. L-19-03 DEPARTMENT OR AGENCY NUMBER: HAA CONTRACT ROUTING NUMBER: 03 HTS 00029 CONTRACT THIS CONTRACT, Made this day of , 200_, by and between the State of Colorado, for the use and benefit of the Colorado Department of Transportation, Office of Transportation Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222 (hereinafter referred to as "the State") and the City of Englewood for the Englewood Police Department 3615 S. Elatl Street Englewood, CO. 80110 (hereinafter referred to as "the Contractor"). WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 403, Appropriation Code 304, ORGN 9813 , FEIN l84I000583-F and GBLI LE19; WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the Legislature has created the Law Enforcement Assistance Fund (LEAF) for the prevention of drunken driving (43-4-401 through 43-4-404, CRS, replacement edition); and WHEREAS, LEAF has been established to provide funds to aid in the prevention of drunken driving and the enforcement of laws pertaining to driving under the influence of alcohol and drugs; and WHEREAS, pursuant to 43-4-404, C.R.S., the State is authorized to allocate LEAF fwm by contract to local authorities (cities and counties) to benefit the heallh and safety of persons in Colorado by the implementation of local programs developed by the local authorities for drunken driving prevention and law enforcement improvements; and WHEREAS, the Contractor has submitted a LEAF proiect funding Application, which hu been approved by the State; and .. WHEREAS, the Contractor has established a qualified program, consistent with current State Highway Safety rules at 2CCR 602-1, to coordinate efforts to prevent drunken driving and to enforce laws pertaining to driving under the influence of alcohol and drugs within _its jurisdiction; and WHEREAS, the Contractor has available the technical ability to properly perfonn the project as described in the Approved Application and to address the LEAF objectives of the Legislature; and WHEREAS, this Contract is executed by the State under authority of 29-1-203, 43-1-106, 43-4-402 and 403, and 24-42-103 CRS, and by the Contractor under sections 29-1-203 and 30-11-101, 31-15-101 CRS or home rule charter, as applicable, and the attached resolution. • • .. • t • SPECIAL PROVISIONS (For Use Only with Inter-Governmental Contracts) 1. COll'l'ROLLD'S APPROVAL. CRS 2,-J0-202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. POND AVAZLABILIT'Y. CRS 2,-30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted, and otherwise made available. 3 • IIIDSIIIIInCATIOII. Indemnity: The contractor shall indemnify, save, and hold harmless the State against any and all claims. damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees punuant to the terms of this contract. No term or condition of this contract shall be constJUed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, procection, or other provisions for the parties, of the Colorado Governmental Immunity Act, Section 24-10-101 ct seq. C .R.S. or the Federal Tort Claims Act. 28 U.S.C . 2671 et seq. as applicable. as now or hereafter amended. ,. DIDDDDDT COll'l'RACTOR. , CCR 801-2 THE CONTRACTOR SHALL PERFORM ITS OlfTIES HEREUNDER AS AN INDEPENDENT CON'lltACTOR AND SOT AS AN EMPLOYEE. NEITHER TIIE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CON'lltACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF 'OiE STATE. CON'lltACTOR SHALL PAY WHEN DUE AU. REQl.lRED EMPLOYMENT TAXES ANO INCOME TAX ANO LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PlllSUANTTO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT E.'nTT1.ED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS TIIE CON11UC1'0R OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY -FOR OR O'lllERWISE PROVIDE SUCH COVERAGE. COl'mlACl'ORSHALL HAVE NO AUTiiORIZA TION, EXPRESS OR IMPLIED, TO BIND TIIE ST A TE TO ANY AOREl!MEHT'S, LiABIUTY, OR UNDERSTANDINCi EXCEPT AS EXPRESSLY SET FORTH IIEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN PORCE WORJCEJlS' COMPENSATION (ANO PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND l]?o.'DCPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW. AND SHAU. BE SOLELY RESPONSIBU: R>R THE ACl'S OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. --DISCRIJIDIATION. The contrJCtor agrees to comply with the lc:ncr and t~ spirit of all applicable stale and federal ia-respecting discrimination and unfair employment prJCticcs . ,. CBOJ:CI: or LAW. The: laws of the: State: of Color.lllo and mlc:s and regulations issuc:d pursuant thereto shall be applied in the interpretation, c:xecution. and enforcc:mc:nt of this contrJCt. Any provision of this contract. whether or not incorponaed herein by refc:rencc:. which providc:s for arbi1r.uion by any extra-judicial body or person or which is otherwise in coaflict with said law s . ru ,cs . and regulations shall be: consiJc:n:J null and void . Nothing contained in any provision incorponued herein by refc:n:ncc: which purpons 10 m:g:uc: this or any 1>1hc:r special provision in whole or in part shall be valid or enforceable or available: in any action al law whc:thcr by way of complaint. dc:fc:nsc:. or otherwise. Any provision rendeml null and void by the: opc:r,uion of this provision will not im·aliJa1c: the: rcmainJc:r of this contract to the extent that the contr:ICl is capable of c:xecution . At all timc:s Juring lhc pc:rformancc of this wn1r.1.:1 . the ContrJCtor shall strictly adhere to all applicable federal and state: law~. mks. and rcgula1i,,ns that ha,·e been ,,r may hen:aftc:r be: established. 7. all'LOTSS FIIIIAIICIAL INTERJ:ST. CRS 2,-11-201 A CJla 2,-so-507 The: ,ignatoric:s avc:r that i., thc:,r lm,,wk..tge . no ,·mpt,,yec: of the Staie of Colorado has any personal or beneficial intc:r~I whai-oc:vc:r m the ...:r,,cc ,v pn,pc:ny Jes..:rib..·J hc:n:in . ... .. . .. ~ • t • THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT APPROVED AS TO PORM: (A• •.._..doll ii required.) STATE OF COLORADO: alLL OWINS, GOVUNOR T_I......_ £11 llwDlndor Caionde .,.,.._._ olTr:mJp1rtad• LEGAL REVIEW: By WAIVBQ +J7-91 Atlesl (Seal) BY---------------- (Town/Clty/CCNlll&y Clerk) CRS :?4-30-202 requires that the Stai.: Conuollcr approve ;&II llale COIIUQl:11. Thia coarract is DOl valid ualil 1111 Selle eo.ro&ler, or IUdl :wist:1111 as he may dclepce. has si11-.I it. The clllllr.ll:tor ia IIOl aulhoriud to bepa i-f-IIMil 1111 COlllnCt ii lipld ad cta.d below . If performance bcgiM prior 10 1hc Jatc below. the SClllC of Color.ado may noc be oblipled to pay for 1111,ocllll ad/or~ provided . ST A TE COl'ITROLLER: ARTHUR L BARNHART BY-------------~ GEORGE MCCUll.AR. COOT COl'ITROLLER °*------------- COLORADO DEPARTMENT OF TRANSPORTATION LBAI' CONTRACT ATTACBNBlff A I LEAF OBJECTIVE PLAN 12-31-o:t Project Coordinator Dlvlelon Ctllef Robert lloor9 • L-19-03: To increase and improve the enforcement of the laws pertaining to alcohol and drug rwlated traffic offenses within the by perfonning dedicated DUI enforcement and activltlls described in the Approved Application and summarized below. , 1 2 3 4 Provide officers through out the tenn of this contract to perform dedicated DUI/DRE enforcement duties and activities within the City of Englewood u stated In the Approved Application. Conduct at least two sobriety checkpoints or saturation patrols during 2003. This can be in cooperation with a nearby agency, the State Patrol or solely by the Englewood Police Department The Englewood Police Department will be actlv8ly involved in CDOT's DUI enforcement public awareness campaign by participating In the joint efforts. This Includes, but not limited to, obtaining media lntefViewl and media outruch, hoaling media ride alongs and similar activities. The Englewood Police DeP,,rtment will report back the requested data to COOT by the specified times. Make all reasonable efforts to Increase the DUI alcohol and drug related al'l'Nla within Englewood Police Department from the 2002 level. COLORADO DEPARTMENT OF TRANSPORTATION LBAP COB'l'RAC'l' l\'l"l'l\CBNBR'l' B , LEAF REPORTING CRITERIA I LEAF Prgec:t • L•1M3 • l!nalewood Police Departnllnt 1 ). Each quarter the Contractor shall submit a report to the Office of Transportation Saf8ly In accordance with the LEAF Contract Management Manual. The Quarterly Reports wll stm all activity accomplilhmenta as requirad by Contract Number L-19-03 during the nlpOl'llng period. The Englewood Police Department will UM the provided LEAF Grant Manager IOflwar9 package when compllng data and submitting the required reports. Al recipients are required to UH the software so the Colorado Department of Transportation can better manage the ltat8Wide LEAF program. 2). No payment for cost Incurred during the reporting period wll be reimbursed by the Office of Transportation Safety if such Quarterty Reports ara not current or ant not compllec:I Ullng the LEAF Grant Manager software program. 3). Upon completion of all LEAF activity the Englewood Police Department wll submit • Final Report in accordance with the LEAF Contract Management Manual. COLORADO DEPARTMENT OF TRANSPORTATION LBAP CONTRACT AT'l'ACBMINT C I LEAF Praf!ct t L-1t-03-Englewood Police o.partma,t REVENUES TOTAL LEAF Funds 30,000 -, EXPENSES Cateaorv LEAFFuncla Personal Services $30,000 Operating expenses $ Capital equipment $ Travel 9xP8flS8S s - TOTAL sao.ooo ; • t .. ~ ~· ~ • • Date December 2, 2002 INmATEDBY COUNCIL COMMUNICATION STAFFSOURa subject Sludge Handling System for the Allen Water Treatment Plant Reservoir Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Wamr ~ Sewer Board, at their November 12, 2002 meellna, recommended Council l,yffldfon of the bid for Sk,cfile Hanclq,,.. ... Aila W..Tt111t ........... to I Ohs .. Inc. In the amount of $84,9714JO, BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED Alum sludge is produced by the settling process and by filter backwashing. The sludge builds up in the washwater reservoir and the settled solids are pumped out by the sludge-handling barge and goes into the belt press process, which dewaters the residuals. This process allows us to stockpile the dried sludge that will eventually be used in golf course berms and other projects. The existing sludge handling system was purchased in 1991 and has been used continually. The existing barge requires continuous repairs, resulting in downtime that Is detrimental to sludge production. The Allen Water Filter Plant produces sludge year-round, and it is imperative to process that sludge be processed when the weather is amenable. When the schedule for removing sludge is delayed for repairs, it limits the volume in the sludge reservoir and the opportunity for removing it orojected life span for this type of machine is 10 years. FINANCIAL IMPACT Requests for Bid were sent to six vendors for the Sludge Handling System. Two contractors picked up bid packages . A bid opening was held on October 8, 2002. The following responses were received: SRS Crisafulli, Inc . LWT, Inc . $84,971.00 $61,020.00 Crisafulli, Inc. was chosen because their bid induded a required pivoting system which allows for quick and easy maneuvering instead of taking a half-day's production to tear down and re-position the equipment A Crisafulli barge is currently being used and is a proven piece of equipment Crisafulli has incorporated the pivoting system into their barge design for such small lagoon operations as ours. By purchasing another Crisafulli barge, the plant can use its existing fittings and power cables. L WT does not have a pivoting system as a stock item. They stated that one could be fabricated, but would end up being a high-maintenance item. Bid requirements w~e for a 12-foot minimum dredging depth. LWT's equipment depth was 10 feel Crisafulli, Inc is the recommended low, acceptable bidder at $84,971.00. The Utilities Department budgeted $95,000.00 in the 2002 Budget for this project UST OF ATTACHMENTS Bid Proposal T abulatlon Letter regarding higher bid acceptance from Don Coatman .I Crisafulli, Inc. was chosen because their bid included a required pivoting system which allows for quick and easy maneuvering instead of taking a half-day's production to tear down and re-position the equipment A Crisafulli barge is currendy being used and is a proven piece of equipment Crisafulli has incorporated the pivoting system into their barge design for such small lagoon operations as ours. By purchasing another Crisafulli barge, the plant can use its existing fittings and power cables. L WT does not have a pivoting system as a stock item . They stated that one could be fabricated, but would end up being a high-maintenance item. Bid requirements were for a 12-foot minimum dredging depth. L WT's equipment depth was 10 feel Crisafulli, Inc is the recommended low, acceptable bidder at $84,971.00. The Utilities Department budgeted $95,000.00 in the 2002 Budget for this project UST OF AlTACHMENTS Bid Proposal Tabulation Letter regarding higher bid acceptance from Don Coatman City of Englewood Bid Tabulation Sheet Bid Opening Date: October 10, 2002 11 :00 a.m. ITEM BID: Electrlc 4• sludge hllndllng aystem Vendor Blllllmote DrwdgN, UC 1425 Mcon*o SfrM Blllllmote. . -21230 ONtltle ............... POlloll 137 Folerotf. Pa 1,0S, SRS OfNlu«I, MC. POlloll 1051 G"'9dlw,IIT,m,o ,,,.. .. EnwlnN ....... s.n 778w.stSIINf Wnt ffaffleld, Ml 010II Via, Inc. 1125 N ,,,.,,,.,, Dr1w Cuahlna. OIC 7«1Z3 LWT, Inc. 422...,,, 8'rNf. 80Jf ao SomanNt, wr Nm Sludge H•Nlllng .,.... No 111d No ... 811,711.00 No ltld No 111d • 11,oao.oo ......... NIC .. Tola! Exr:,apflou: ~ 11,411.11 IU7 llnaludN ..... ... • 14,171.IO .......... ....__ ..... Pl .... -ITollldoNnollncludl 1111 ..... plpeA Cllbleln NIC ..... ..... • 11,IIUI ..... Plwol nol lnciludld(l7,IOO.OOJln price • .......... ....__ • -: : ' i k · ·c A A . ·· :t ' . t ' r • · • - - · '~ - - .. . . . .- . _ _. _ _ _ . ~ - - - - - Bf J ~ !j · t r J • l i l f r : ~ ~ "! · 8 . i .i I · l: I !J ~' f ff ~ Ji "" 1Js · I i! ::g f i. 1 ~ ,~ , , Ur r 1 h i lr l (! ~ } l i t 1 Is· • 8 I ·l . ,, - - - .. i lt i1 - ~ i 1 ! ~ J If • l lt 1 h JI - I :e l . I I 1 'f a. I ' r rt "( ~ ! ·! i' [ l l r i r !i l }r " ] { l t 1 I il j i~ ) : l} t 11 l ~1 , ! ·1 !J t l t il ll .. . ,t . . ,1 1 , .. . . i lf ' It ft - l 1 i r s a =' I II COUNCIL COMMUNICATION Date Agenda Item Subject December 2, 2002 Purchase of Raw Sewage Pump INmATEDBY STAFF SOURCE L/E WWTP Supervisory Committee Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PRMOUS COUNCIL ACTION The Raw Sewage Pump replacement was contained as part of the 2002 budget approved by City Council. RECOMMENDED ACTION The proposed action is to approv t vertical mtxecMow pump to Goble BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Untreated (Raw) sewage flows by gravity into the Littleton/Englewood Wastewater Treatment Plant Once the flows from both cities enter the headworks facility, the flows are combined and then pumped by Raw Sewage pumps and lifted 31 feet to begin the' in-plant gravity flow process. Raw sewage contains abrasives that causes wear to the Raw Sewage Pumps. The pump has been in service since April 1977. Major pump components are no longer stocked. Bearing replacements for these units are no longer in production. The expected lifetime of raw sewage pumps is 15 to 20 years. The existing pump is at the end of Its useful life and staff recommends purchase of new unit The replacement of this pump is planned and the funds are contained in the 2002 budget This is the last of five original pumps to be replaced in accordance with the facility infrastructure plan. Staff recommends sole source purchase of the pump due to specific requirements for raw sewage pumps in use at the plant. This will be in keeping with the equipment that was bid and supplied during the Phase la project and will allow us to maintain pump standardization and retain the continuity of operation, maintenance and parts suppliers for these units. This will also minimize the risk of operational errors. Previous Raw Sewage Pump purchases were also sole source. Goble Sampson has submitted specificat ions and a price to purchase one Fairbanb-Morse vertical mixed- flow pump. The quoted price is $55,300.00 . Staff has reviewed both the specifications and the quote finds the specifications and quote to be responsive and in accordance with previous estimates. FINANCIAL IMPACT The purchase is budgeted for 2002 . The purchase cost of the raw sewage pump wil be split 50/50 with th e City of Littleton as a capital expense . UST Of ATTACHMENTS M em o of Recommendation • t .. • • LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 2IOO s. ,_ .... an.. ~.~80110 (3(13) 182,2800 FN/.182-2GO MEMORANDUM TO: FROM: DATE: Dennis W. Stowe, Plant Manager Joseph G. Payne, Maintenance Division Manager November 18, 2002 SUBJECT: Technical Evaluation and Recommendation for Raw Sewage Pump Goble Sarnpaon ha IUbmlllld ~ii and a price ID purchae one Fairbanb-Mcne vwt1ca1 mbcecM1ow pump . The quoled price la $55,300 .00 . Mark Van Noatrand, Senior Engineer, and Richard Bur11on, Mainten!fflCe Supervilor, have AMN9d bolh the apeclftcatio,11 and the quola and tkldl the apeclllcationa and quota ID be responsive and In accordance with pnMOUa .......... I l9COIMlend the pun:tw of the vwt1ca1 rnbcad-ftow pump be --ID Goble 8ampa'I Aua :,,,, Inc., 7079 S. Allon W., Englewood, CO 80112 . JGP :cg - COUNCI L 'OMMUNICATION Date December 2, 2002 Agenda Item e• Subject Approval of PCSS Software License and Services A reement INITIATED BY: ST Aff SOURCE: City of Englewood, Department of Information _Iechnology, and Englewood Municipal Court COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Don Ingle, IT Director Tamara Wolfe Court Administrator In the 2002 budget, Council approved funding for the replacement of the Court's case management system in order to continue to provide, and to improve, critical services. Council has supported the overall goal of upgrading and replacing obsolete legacy systems throughout the City, including the City's ERP and Library systems. The Court's case management system is the one of the last of the large systems still operating on an unsupported platform. RECOMMENDED ACTION BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIAED The Court has needed to upgrade its Case Management System (CMS) for a number of years. The ability to p ro perly serve the community with information outside of basic statistics and case specific information has been lacking. In addition, because it was primarily based on a manual system, opportunities for upgrades and enhanced efficiencies do not exist. Being part of the City's ERP project enabled the Court to better identify specific needs and requirements. With major assistance from the IT Department. an RFP was prepared and released for a new case management system in April 2002 . ' 'I The Court had been scrutinizing CMS's on the market for the past several years, due to our critical need for improved software. The need is so great nation-wide for appropriate court software, that one of the national ·court organizations provides multiple vendor lists for this very purpose. From this list, 4 v endors responded to our RFP . In addition to the written responses, all 4 provided on site demonstrations and participated in an oral interview. Information Technology advised the Court on the techni c al features surrounding the 4 options . After reviewing both the technical and functional features of all systems , it was a joint. unanimous decision to enter into negotiations with PCSS . Over the past several weeks, staff has been in negotiations with PCSS to achieve both appropriate and favorable legal and financial terms in the contract. Major issues that have been successfully addressed include : • Reductions in the overall cost of the software and associated services . • Obtaining acceptable insurance provisions in the contract. • A guaranteed fixed price for the entire software system, including a fixed price for future additional licenses . • Fixed costs for ongoing maintenance and support over the next 5 years . ·I• • ' • • The City Attorney's Office and the lnfonnation Technology Department engaged the services of attorney Terrence Maher of Abrahams, Kaslow and Cassman, LLP to assist in the contract negotiations. Mr. Maher received excellent references from numerous local governments who have benefited from his specialization in software licensing and services agreements. Mr. Maher also assisted the City of Englewood on the previous ERP contract negotiations with Oracle Corporation. Based on our both the references and our own experiences with Mr. Maher, he was selected to assist on this project as well. FINANCIAL IMPACT The total contract cost for Court System software and services is $199,600, approximately $57,000 below the original project estimate of $256,700. As originally proposed to Council, this purchase is to be funded partially by a lease/finance arrangement; with the lease purchase payments for 2003 already budgeted in the MYCP. The lease/purchase tenns will be finalized pending Council approval of the Court software agreements and will be submitted to Council accordingly. It should be noted that the annual lease/purchase commitment budgeted in the 2003 assumed the higher project estimate. UST Of ATTACHMENTS Software License, Professional Services and Software Support Agreement between the City of Englewood and PCSS, Inc. SOFTWARE LICENSE AGREEMENT THIS SOFTWARE LICENSE AGREEMENT (the "Agreement"), dated December 2, 2002 (the "Effective Date''), is between PROFESSIONAL COMPUTER SOFTWARE SERVICES, INC., a South Carolina corporation ("Licensor''), and THE CITY OF ENGLEWOOD, COLORADO, a municipal corporation fonned under the laws of the State of Colorado ("City"). WITNE SSETH: WHEREAS, City desires to have the right to license computer software programs from Licensor, as described in this Agreement; and WHEREAS, Licensor is willing to provide computer software programs to City in accordance with the tenns and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the premises, and other good and valuable consideration received and to be received, Licensor and City agree as follows: ARTICLE I. AGREEMENT, TERM, AND DEFINITIONS. 1.1 A1reemeat ud Term. The parties agree that the terms and conditions of this Agreement apply to the provision of computer software programs and services to City by Licensor. The tenn of this Agreement corruncnces on the Eft'ective Date and the Agreement shall continue to be in effect until terminated by either party as set forth in this Agreement. 1.2 Certala DeftaltioDL The following definitions apply to this Agreement: (a) "Applicable Laws" means all laws, ordinances, rules, regulations, orders, interpretations, requirements, standards. codes, resolutions. licenses, permits, judgments, decrees, injunctions, writs and orders of any court, arbitrator, or-governmental (federal, national, state, municipal, local or other, having jurisdiction over a party or where any part of the Products are situated) agency, body, instrumentality or authority that are applicable to any or all of the parties or the terms of this Agreement. (b) "Applicable Specifications" means the functional , perfonnancc, operational , compatibility, and other specifications or characteristics of a Product described in the Documentation and in Licensor's Proposal attached hereto as Exhibit A . (c) "Defect" means any failure of the System to operate in material conformity with the Applicable Specifications. (d) "Documentation" means user guides, operating manuals, education materials, product descriptions and specifications, technical manuals, supporting materials, and o ther information relating to the Product, whether distributed in print, mapetic, electronic, or vi d eo form at, in effect as of the date a Product is shipped to or is accepted by City, as applicable. t' t • • • (e) "Licensed Software" means computer programs in object code and Source Code, provided or to be provided by Licensor pursuant to this Agreement. The definition of Licensed Software also includes any enhancements, translations, modifications, updates, releases, or other changes to Licensed Software which are provided or to be provided as part of Licensor's performance of warranty service obligations or pre-paid support services for the Licensed Software. (f) "Products" means, individually or collectively as appropriate, Licensed Software and Documentation provided by Licensor pursuant to this Agreement. (g) "Source Code" of the Licensed Software means the Licensed Software written in programming languages, including all comments and procedural code, such as job control language statements, in a form intelligible to trained programmers and capable of being translated into object code for operation on computer equipment through assembly or compiling, and accompanied by documentation, including flow charts, schematics, and statements of principles of operations, describing the data flows, data structures, and control logic of the Licensed Software in sufficient detail to enable a trained prograTill 1er through study of such documentation to maintain and/or modify the Licensed Software withvut undue experimentation. ARTICLE Il. GRANT OF LICENSE. 2.1 Grut of Llcease. For each item of Licensed Software received by City, Licensor grants City and City has a nonexclusive, irrevocable, perpetual Named User License to use, execute, store, and display the object code version of the Licensed Software, in "ful)-UIC" mode, on behalf of City and those having business with the City in accordance with the terms of this Agreement. In addition, for each item of Licensed Softwa'C received by City, Licensor grants City and City has a nonexclusive, irrevocable, perpetual license to permit unlimited "read- only/inquiry-only" access to the Licensed Software, on behalf of City and thole bavina business with the City, through the Internet and/or through any LAN, WAN, or other computer nctwortt. (a) A "Named User License" permits City to U1C the Licensed Software (in a "full use" mode) on any single computer, fil~ server, or item of equipment which may be accessed by multiple, networked devices (collectively hereinafter referred to• the "Nctworkj, provided that the number of"full-use" users who are usigned user IDs and J)IIIWords to accesa the Licensed Software is limited to the twenty two (22) named users at any time, unless additional Named User Licenses are purchased by City. City may cancel a Named User licemc, and. without additional charge, reassign such Named User Licemc to another represcnlalive of the City, upon notification to Licensor. City may purchase additional Named User Liccmes for the fee specified in Exhibit 8 . (b) Any license granted under this Agreement permits City to : (i) use Products for its municipal and corporate purposes including. but not limited to. providina la'Vices to or processing data of residents of City, providing remote acceu to the Products. and perbmina disaster recovery, disaster testing, archival and backup u City deema neceuary, and (ii) ue, copy and modify Products for the purpose of creating and usina trainina materiala relalina to the TP M !710JI ~ .. . • I • ' • • Products, which training materials may include flow diagrams, system operation schematics, or screen prints from operation of the Products. City may make two (2) archival copies of the Licensed Software, plus as many copies of both the client and server components of the Licensed Software as are necessary and proper under the nonnal back-up procedures which are utilized by City. Notwithstanding any provision of the Agreement to the contrary, access to and use of the Products by City's contractors (including, but not limited to, any provider of information technology outsourcing services to City) shall be considered use by City under the Agreement; provided such contractors agree to maintain the confidentiality of any of Licensor confidential infonnation. (c) For the Initial Contract Price, Licensor shall provide to City the fully documented applications interfaces (APis), standard file transfer interfaces and database formats for the Licensed Software which relate to the integration of the Licensed Software with the AutoCITE handheld computer powered by the AutolSSUE software, and City shall have a license to use such materials for purposes of developing interfaces to the AutoCITE handheld computer and the AutoISSUE software. In addition, from time to time. Licensor shall, on the request of City, license to City, on the terms and conditions hereof: additional APis, standard file transfer interfaces and database formats for the Licensed Software upon payment by City of Licensor's then-standard license fees for such materials. (d) The governing License also includes the right to usc the Source Code version of Products by City, its employees and contractors, as necessary to modify, maintain, and update the Licensed Software and the right to create derivative works of the Licensed Software solely for use by City in the operation of its municipal courts system as provided herein. (e) For the Contract Price, Licensor shall deliver to City a version of the Licensed Software that is capable of being interfaced with the Internet. and having the functionality specified in Exhibit C. 2.2 Owaenlllp or LiceaHd Software ud ModHlcatloaL The Liccmed Software shall be and remain the property of Lice,nsor or third parties which have granted Licemor the right to license the .Licensed Software and City shall have no rights or interests therein except as set forth in this Agreement . City shall be entitled to ~fy the Licensed Software and to develop software derivative of or interfacing with the Licensed Software solely for usc by City in the operation of its municipal courts system as provided herein. 2.3 Proprietary Marldap. City shall not remove or destroy any proprietary markings or proprietary legends placed upon or contained within the Products. 2.4 Daplkatloa or Doeanaeatatloa. City may duplicate Licensed Software Documcnaation. at no additional charge, for City's use in connection with the provision of Licensed Software so long as all required proprietary markinp are retained on all duplicated copies. 2.5 Noa-D1Klosare. Subject to the provisions of the Open Records Act. CRS Section 24-.-101 et. seq .• during the tenn of a License, City will treat the Licensed Software and ~- t .. • • 0 0 Documentation with the same degree of care and confidentiality which City provides for similar information belonging to City which City does not wish disclosed to the public, but not less than reasonable care. This provision shall not apply to Licensed Software and Documentation, or any portion thereof, which is (a) already known by City without an obligation of confidentiality, (b) publicly known or becomes publicly known through no unauthorized act of City, (c) rightfully received from a third party without obligation of confidentiality, (d) disclosed w ithout similar restrictions by Licensor to a third party, (e) approved by Licensor for disclosure, or (f) required to be disclosed pursuant to a requirement of a governmental agency or Applicable Law. It will not be a violation of this Section if (i) City provides access to and the use of the Licensed Software to third parties providing services to City so long as City secures execution by such third parties of a confidentiality agreement as would normally be required by City, or (ii) City independently develops software which is similar to Licensed Software, so long as such independent development is substantiated by written documentation. 2.6 Rights in Bankruptcy. Licensor acknowledges that the grant of license is made, and the Agreement is entered into, in contemplation of the applicability of §365(n) of the U.S. Bankruptcy Code. ARTICLE Ill. DELIVERY OF PRODUCTS; ACCEPTANCE. 3.1 Transportation of Products. Licensor shall deliver Products to City in the quantities specified in Exhibit 8, on or before March 10, 2003. Charges for transportation of Products shall be paid by Licensor. The method and mode of all transportation sball be those selected by Licensor. 3.2 Risk of Lou. All risk of loss of, or damage to, Products shall be borne by Licensor until receipt of delivery of such Products by City. Licensor agrees to insure Products until receipt of delivery of such Products by City. If loss to or damage of Products occurs prior to receipt of delivery by City, Licensor shall immediately provide a replacement item or, if Products is not immediately replaceable, Licensor shall give City highest priority for the provision of replacement Products. 3.3 Acceptance of Products. (a) City shall accept delivered copy(ies) of Products on the date (the "Acceptance Date") when all necessary Documentation has been received and the Products perform in accordance with and conforms to the Applicable Specifications. 1n the event Products does not so perform, City may (i) continue to test the Products with the assistance of Licensor, (ii) permit Licensor to repair or replace the Products at no additional expense to C ity, or (iii) return the Products to Licensor, at Licensor's expense and without liability to Licensor, and any amount s pai d by City for the Products shall be refunded by Licemor to City. City shall be dee med to have accepted a Product upon the earlier of: (l) City's failure to provide Licensor wi th notice of a non-conformity within thirty (30) days following delivery of the non-confonning Product, or (2) City placing the Product into productive use. • • I t • " • • (b) Payment for Products provided hereunder, or inspection or testing thereof by City, shall not constitute acceptance or relieve Licensor of its obligations under this Agreen,ent. City may inspect the Products delivered and reject upon notification to Licensor any and all such Products which do not confonn to the Applicable Specifications or the requirements of this Agreement. Products which are rejected shall be promptly corrected, repaired, or replaced by Licensor, such that the Products confonn to the Applicable Specifications and the requirements of this Agreement. If City receives Products with a Defect or non-conformity not reasonably apparent on inspection, then City reserves the right to require prompt correction, repair, or replacement by Licensor in accordance with Licensor's warranty obligations under this Agreement following the discovery of such Defect of non-conformity. 3.4 Right to Cancel for Delays. Licensor agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Licensor's ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of any obligations of Licensor hereunder. In the event of a delay in delivery of all or any portion of Products or in the event of a delay in the performance of services under the Professional Services Agreement between the parties which is not excused in this Agreement and which i1 not cured within thirty (30) days, City may cancel without charge all or any portion of the Products, for which delivery has been so delayed. If, in City's opinion, the delivered Products arc not operable without the remaining undelivered Products, City may, at Licensor's expense, return any delivered Products to Licensor. City shall not be liable for any expenses incurred by Licensor for canceled, undelivered, or returned Products. City shall receive a refund of all amounts paid to Licensor with respect to the canceled and/or returned Products. ARTICLE IV. · WARRANTIES, INDEMNITIES, AND LIABILITIES. 4.1 War~tles. Licensor represents and warrants that: (a) Licensor has not and will not enter into agramcnu or commitments which are inconsistent with or conflict with the rights granted to City in this Aarcement. (b) The Products are and shall be me and clear of all liens and encumbnnces; and City shall be entitled to use the Products without disturbance. (c) · No portion of the Products contain, at the time of delivery, my "back door," '"time bomb," "Trojan hone," "wonn," "drop dead device," "virus," or other computer software routines or hardware components designed to (i) permit acceu or use of either the Products or City's computer systems by Licensor or a third party not authorized by this Agreement, (ii) disable, damage or erase the Products or data, or (iii) perfonn my other such actions. (d) The Products and the design thereof shall not contain prepropammed preventative routines or similar devices which prevent City from exercilina the riahts set forth in Article 11 of this Agreement or from utilizing the Products for the purpose for which they were designed. TPM .710-II J • ! •, • .. t • • w (J (e) Each Product and its media (i) shall be new and shall be free from Defects in manufacture, materials, and design, (ii) shall be manufactured in a good and workmanlike manner using a skilled staff fully qualified to perform their respective duties, and (iii) shall function properly under ordinary use and operate in material conformance with its Applicable Specifications from the date of receipt until one year following the applicable Acceptance Date of such Product. (f) The Products are, and shall continue to be, data, program, and upward compatible with any other Products available or to be available from Licensor so that data files created for a Product can be utilized without adaptation with other Products supplied by Licensor and such Products will operate with other Products and will not result in the need for alteration, emulation, or other loss of efficiency. Licensor shall provide to City at least ninety (90) days prior written notice to discontinue any Product. (g) Neither the performance nor the functionality of the Products will be affected by any changes to the date format or date calculations within any part of the Product either before, during or after the year 2000. 4.2 Proprietary Rlabts lademalflcatioa. Licensor represents and warrants that (a) at the time of delivery to City, no Product. functionality or methodology provided under this Agreement is the subject of any litigation ("Litigation"), and (b) Licensor has all right. title, ownership interest, and/or marketing rights necessary to provide the Products, functionality and methodology to City and that each license, the Products, their functionality and methodology, and their license, and use hereunder do not and shall not directly or indirectly violate or infringe upon, induce infringement of, contribute to infringement of, or misappropriate any patent. copyright, trademark. trade dress. trade secret or other rights of any third party ("lnftingementj. Licensor shall indemnify and hold City and its successon, employees, and agents harmless from and against any and all actions, claims, losses, damages, liabilities, awards, costs. and expenses (including legal fees) resulting from or arising out of any Litigation, any breach or claimed breach of the foregoing warranties, or which is bued on a claim of an Infringement and Licensor shall defend and settle, at its expense, all suits or proceedings arising therefrom. City shall inform Licensor of any such suit or proceeding against City and shall have the right to participate in the defense of any such suit or proceeding at its expense and through counsel of its choosing. Licensor shall notify City of any actions, claims, or suits against Licensor based on an alleged Infringement of any party's intellectual property rights in and to the Products, their functionality or methodology. In the event an injunction is sought or obtained against use of the Products, their functionality or methodology or in City's opinion is likely to be sought or obtained, Licensor shall promptly, at its option and expense, either (i) procure for City the right to continue to us the infringing Product, functionality or methodology as set forth in this Agreement. or (ii) replace or modify the infringing Products, functionality or methodology to make its use non- infringing while being capable of performing the same function withl ut degradation of performance. 4.J Penoaal l•J•ry or Property Damqe. In the event any act or omission of Licensor o r its employees, servants. agents, or representatives causes or results in (a) damage to or d truc t ion o f tangible or real property of City or third parties, and/or (b) death or injury to 0 TP\1 :•1 I? ' .· .. .. • I ., • • persons including, but not limited to, employees or invitees of City, then Licensor shall indemnify, defend, and hold City and its successors, employees, and agents harmless from and against any and all claims, actions, damages, demands, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses, resulting therefrom. Licensor shall pay or reimburse the indemnified parties promptly for all such damage, destruction, death, or injury. 4.4 Governmental Immunity. City, its representatives and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-1()..101 et seq., as from time to time amended, or otherwise available to City, its representatives or employees. 4.5 lasnnnce. Licensor shall, at Licensor's sole expense, maintain the following insurance: (a) Commen:ial General Liability Insurance including contractual coverage: The limits of this insurance for bodily injury and property damage combined shall be at least: -Each Occurrence -Fire Damage (Any one Fire) -Med. Expense (Any one person) -Personal & Advertising Injury -General Aggregate -Products-Completed Openlions $1,000,000 S 300,000 S S,000 $1,000,000 $2,000,000 $2,000,000 (b) Business Automobile Liability Insurance: Should the performance of this Agreement involve the use of automobiles, Licemor shall provide comprehensive automobile insurance covering the ownership, operation and maintenance of all owned, non-owned and hired motor vehicles. Licensor shall maintain limits of at least S 1,000,000 per occurrence for bodily injury and property damage combined. (c) Workers' Compensation ·~: Such ins~ shall provide coverage in amounts not less than the statutory requirements in the state where the work is performed, even if such coverage is elective in that state. (d) Employers Liability Insurance : Such insurance shall provide limits of not less than S 100,000 per occurrence. The insurance specified in (a) and (b) above shall: (i) name City, and its employees and agents as additional insureds, and, (ii) provide that such insurance is primary coverage with respect to all insureds and additional insureds. The above insurance coverages may be oblainod throup any combination of primary and excess or umbrella liability insurance. TPM ~710oll ~ t • • Licensor shall provide at City's request certificates evidencing the coverages, limits and provisions specified above on or before the execution of the Agreement and thereafter upon the renewal of any of the policies. Licensor shall require all insurers to provide City with a thirty (30) day advanced written notice of any cancellation, non-renewal or material change in any of the policies maintained in accordance with this Agreement. 4.6 Survival of Article IV. The provisions of this Article IV shall survive the term or termination of this Agreement for any reason. ARTICLE V. PAYMENTS TO LICENSOR. S.1 Contract Price. The total price for the license of the Products is a fixed price of One hundred ninty-nine thousand six hundred Dollars ($199,600.00) (the ''Contract Pricej. Except as expressly provided in this Agreement, Licensor and City shall each bear all of its own expenses arising from performance of its obligations under this Agreement, including (without limitation) expenses relating to personnel, facilities, utilities, equipment, supplies, clerical and the like. S.2 Payment; Involcla1. City shall make payments of the Contract Price to Licensor in the amounts and at the times specified in Exhibit B. With respect to all payments which arc due from City to Licensor hereunder, any undisputed sum due to Licensor pursuant to this Agreement shall be payable within thirty (30) days after receipt by City of a comet invoice therefor from Licemor. Any sum which is not paid within thirty (30) days from the date of renderina such invoice shall be subject to interest at the rate of one percent (1%) per month, or the maximum rate permitted by law, whichever is less. S.3 Tues. (a) City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City lhall not be oblipted to pay or reimburse Licensor for any taxes attributable to the license of Products which arc impoeed on or measured by net or gross income, capital, net worth, &anchiae, privilege, 1ny other taxes, or assessments, nor any of the foregoing imposed on or payable by Licensor. (b) Upon written notification by City and subsequent verification by Licensor, Licensor shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. (c) City shall provide Licensor with, and Licensor shall accepl in aood faith, resale, direct pay, or other exemption certificates, as applicable. (d) If City is required by Applicable Law to make any deduction or to withhold from any sum payable hereunder, then the sum payable by City upon which the • TPM'2710oll 2 t • • deduction is based shall be paid to Licensor net of such deduction or withholding. City shall pay the applicable tax authorities any such required deduction or withholding. ARTICLE VI. TERMINATION. 6.1 Termination for Cause. Except as provided below by the Section of this Agreement titled ''Termination for Non-Payment," in the event that either party materially or repeatedly defaults in the performance of any of its duties or obligations set forth in this Agreement, and such default is not substantially cured within thirty (30) days after written notice is given to the defaulting party specifying the default, then the party not in default may, by giving written notice thereof to the defaulting party, terminate this Agreement as of a date specified in such notice of termination. 6.2 Termination for Insolvency or Bankruptcy. Either party may immediately terminate this Agreement by giving written notice to the other party in the event of (a) the liquidation or insolvency of the other party, (b) the appointment of a receiver or similar officer for the other party, (c) an assignment by the other party for the benefit of all or substantially all of its creditors, (d) entry by the other party into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations, or (e) the filing of a meritorious petition in bankruptcy by or against the other party under any bankruptcy or debtors' law for its relief or reorganization. . 6.3 Termillatioll for No11-Paymeat. Licensor may terminate this Agreement if City fails to pay when due any undisputed amounts due pursuant to this Agreement and such failure continues for a period of forty five (45) days after the last day payment is due, so long as Licensor gives City written notice of the expiration date of the aforementioned forty five (45) day period at least thirty (30) days prior to the expiration date. 6.4 Termination for Noa-Appropriation. If City is not allotted funds for the next succeeding fiscal period by appropriation, appropriation limitation. grant, or other funding source available to it for purposes of this Agreement, the Agreement shall automatically terminate at the end of such current fiscal period for which funds have been aJlocated, without penalty to City. Such termination shall not constitute an event of default under any other provision of this Agreement, but City shall be obligated to pay all charges incurred through the end of the current fiscal period. City shall give Licensor written noti'ce of such unavailability of funds not later than thirty (30) days after it receives notice of such unavailability. 6.5 Rigllts Upoa Termination. If this Agreement is terminated by City as a result of a default by Licensor, notwithstanding such termination, all licenses (and City's right to use the Products in accordance with such licenses) shall, at City's option, be so performed and extended and shall continue to be subject to the terms and conditions of this Agreement. ARTICI.E VII. MISCELLANEOUS. 7.1 Blndla1 Nature. Assla•meat. ud Sabcoatnct1111, This Agreement shall be binding on the parties and their respective successors in interest and usians, but Licemor shall TP \1 171 I ! ... . .. • .. t • • • not have the power to assign this Agreement without the prior written consent of City. If Licensor subcontracts or delegates any of its duties or obligations of performance in this Agreement to any third party, Licensor shall remain fully responsible for complete performance of all of Licensor's obligations set forth in this Agreement and for any such third party's compliance with the non-disclosure and confidentiality provisions set forth in this Agreement. 7.2 Counterparts. This Agreement may be executed in several counterparts, all of which taken together shall constitute one single agreement between the parties. 7.3 Headings. The Article and Section headings used in this Agreement are for reference and convenience only and shall not enter into the interpretation hereof. 7.4 Reladonsbip or Parties. Licensor is performing pursuant to this Agreement only as an independent contractor. Licensor has tli e sole obligation to supervise, manage, contract, direct, procure, perform or cause to be performed its obligations set forth in this Agreement, except as otherwise agreed upon by the parties. Nothing set forth in this Agreement shall be construed to create the relationship of principal and agent between Licensor and City. Licensor shall not act or attempt to act or represent itself, directly or by implication, as an agent of City or in any manner assume or create, or attempt to assume or create, any obligation on behalf of, or in the name of, City. 7.S Coafidendality. Licensor acknowledges that in the course of performance of its obligations pursuant to this Agreement, Licensor may obtain confidential and/or proprietary information of City. Licensor hereby agrees that all confidential information communicated to it by City, whether before or after the Effective Date, shall be and wu received in strict confidence, shall be used only for purposes of this Agreement, and shall not be disclosed by Licensor, its agents or employees without the prior written consent of City. This provision shall not apply to Confidential lnformatioh which is (a) already known by Licensor without an obligation of confidentiality, (b) publicly known or becomes publicly known through no unauthorized act of Licensor, (c) rightfully received ftom a third party without obligation of confidentiality, (d) disclosed without similar restrictions by City to a third party, (e) approved by City for disclosure, or (t) required to be disclosed pursuant to a requirement of a govermnental agency or Applicable Law so long as Licensor provides City with timely prior written notice of such requirement . All information received by City ftom Licensor shall be subject to the Open Records Act, CRS Section 24-72-101 et . seq . The provisions of this Section shall survive the term or termination ofthis Agreement for any reason. 7.6 Media Releases. Except for any announcement intended solely for internal distribution by Licensor or any disclosure required by legal, accounting. or regulatory requirements beyond the reasonable control of Licensor, all media releases, public announcements, or public disclosures (including. but not limited to, promotional or marketing material) b y Licensor or its employees or agents relatina to this Apeement or ita subject matter, o r including the name, trade name, trade mark, or symbol of City, shall be coordinaled with and appro ved in writing b y City prior to the release then,of. Licensor shall not rcpraent directly or indi rec tl y that an y Products provided by Licensor to City has been approved or endoned by City 10 lP\1 Z"I I! ' f ., • • or include the name, tr.uie name, trade mark, or symbol of City on a list of Licensor's customers without City's express written consent. 7.7 Labor. Licensor shall comply with any labor jurisdictions applicable to Licensor's performance pursuant to this Agreement and shall cooperate with City in resolving any disputes resulting from any jurisdictional or labor claims or stoppages. Upon request by Licensor, City shall provide to Licensor clarification and guidelines regarding relationships with labor and Licensor's responsibilities with respect thereto. 7.8 Export. Neither party shall export any Products or infonnation protected hereunder by an obligation of confidentiality from the United States, either directly or indin:ctly, without first obtaining a license or clearance as required from the U .S . Department of Commerce or other agency or department of the United States Government. 7.9 Nodces. Wherever one party is required or permitted to give notice to the other pursuant to this Agreement, such notice shall be deemed given when delivered in hand, when mailed by registered or certified mail, return receipt requested, postage prepaid, or when sent by a third party courier service where receipt is verified by the receiving party's acknowledgment, and addressed as follows : In the case of City: City of Englewood, Colorado 1000 Englewood Parkway Englewood, Colorado 80110-2373 Attention : Don Ingle, Contract Manager In the case of Licensor: Professional Computer Software Services, Inc . 909 Wesley Court Suite C Boiling Springs, South Carolina 29316 Attention: Gary Ownbey Either party may from time to time change its address for notification purposes by giving the other party written notice of the new address and the date upon which it will become e ffecti ve; fi rst class, postage prepaid, mail shall be acceptable for provision of change of address notices . 7.10 Force Majeure. The term "Force Majeure" shall be defined to include fires or other casualties or accidents, acts of God, severe weather conditions, strikes or labor disputes, war or other violence, or any law, order, proclamation, regulation, ordinance, demand, or requirement of an y governmental agency. 11 <• . -- t • • (a) A party whose performance is prevented, restricted, or interfered with by reason of a Force Majeure condition shall be excused from such performance to the extent of such Force Majeure condition so long as such party provides the other party with prompt written notice describing the Force Majeure condition and takes all reasonable steps to avoid or remove such causes of nonperformance and immediately continues performance whenever and to the extent such causes are removed. (b) If, due to a Force Majeure condition, the scheduled time of delivery or performance is or will be delayed for more than thirty (30) days after the scheduled date, the party not relying upon the Force Majeure condition may terminate, without liability to the other party, this Agreement or any portion thereof covering the delayed Products. (c) If a Force Majeure condition or other delay by Licensor causes City to terminate its business relationship with a third party for whom delayed Products were ordered and City has no alternative use for the Products after using reasonable efforts to relocate or otherwise utilize the Products, then City may terminate this Agreement and Licensor shall refund to City all amounts paid thereunder. 7.11 Severablllty. If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both parties shall be relieved of all obligations arising under_ such provision, it being the intent and agreement of the parties that this Agreement shall be deemed amended by modifying such provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, another provision that is legal and enforceable and achieves the same objective shall be substituted. If the remainder of this Agreement is not affected by such declaration or findjng and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by Applicable Law. 7.12 Waiver. Any waiver of this Agreement or of any covenant, condition, or agreement to be performed by a party under this Agreement shall (a) only be valid if the waiver is in writing and signed by an authorized representative of the party against which such waiver is sought to be enforced, and (b) apply only to the specific covenant, condition or agreement to be performed, the specific instance or specific breach thereof and not to any other instance or breach thereof or subsequent instance or breach. 7.13 Remedies. All remedies set forth in this Agreement, or available by law or equity shall be cumulative and not alternative, and may be enforced concurrently or from time to time. 7.14 Survival or Terms. Termination or expiration of this Agreement for any reason shall not release either party from any liabilities or obligations set forth in this Agreement which (a) the parties have expressly agreed shall survive any such termination or expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any such termination or expiration. 7.15 Noaesclu1lve Market ud Purcllue Rlalltl. It is expressly undentood and agreed that this Agreement docs not grant to Licensor an exclusive right to provide to City any or 12 Tl'\I : I I ! • t .. • • all of the Products and shall not prevent City from developing or acquiring from other suppliers computer software programs similar to the Products. Licensor agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecastl fumiabed by City to Licensor prior to or during the term of this Agreement shall not constitute commitments. 7.16 Governla1 Law. THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER TiilS AGREEMENT SHALL NOT BE GOVERNED BY THE PROVISIONS OF TIIE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. RATHER IBESE RIGHTS AND OBLIGATIONS SHALL BE GOVERNED BY THE LAWS, OTHER THAN CHOICE OF LAW RULES, OF TIIE STATE OF COLORADO. VENUE FOR ANY ACTION ARISING UNDER TiilS AGREEMENT OR FOR ENFORCEMENT OF TiilS AGREEMENT SHALL BE IN THE APPROPRIATE COURT FOR ARAPAHOE COUNTY, COLORADO. 7.17 Eatire Ap'eemeat. This Agreement, together with the Maintenance and Support Agreement and the Professional Services Agreement, constitute the entire and exclusive statement oftbe agreement between the parties with respect to its subject matter and th~ are no oral or written representations, understandings or agreements relating to thia Agreement which are not fully expressed in the identified asrcements. This Agreement shall not be IIDCDded except by a written agreement signed by both parties. All exlu"bita, documents, and ac:beclulcs referenced in this Agreement or attached to this Agreement are an integral part of this Agreement In the event of any conflict between the terms ml conditions of this Agreement ml any such exhibits, docUffl:Cllt&, or schedules, the terms of this Aareement shall be COllbolling unless otlierwise stated or agreed. Any other terms or conditions included in any shrink-wrap lic:cnse agreements, quotes, invoices, acknowledgmenta, bills ofladin& or other forms utili7.ed or exchanged by the parties shall not be incorporated in this Aareement or be binding upon the parties unless the parties expressly agree in writing or Wllels otherwise provided for in this Agreement. . IJ TPMr.710,II 2 IN WITNESS WHEREOF, Licensor and City acknowledge that each of the provisions of this Agreement were expressly agreed to and have each caused this Agreement to be signed and delivered by its duly authorized officer or representative as of the Effective Date. THE CITY OF ENGLEWOOD, COLORADO Printed Name:--------- Title: --------'------- Date:------------ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney TPM27IOII 2 14 PROFESSIONAL COMPUTER SOFl'W ARE SERVICES, INC. By. ____________ _ Printed Name: ________ _ Title: ___________ _ Date:---------"----'--- TPM/271(),112 EXHIBIT A LICENSOR PROPOSAL u EXBIBITB CHARGES, PRICES, AND FEES LICENSED SOFTWARE FEE: ITEM: JEMS Case Management Liccme Fee 20 Named Uaers First Year Application Software Warranty & Support Central Point of Contact Base JEMS Jury Management 2 Named Users First Year Application Software Warranty & Support ADDmONAL NAMED USER LICENSES: COST: $94,600 Each named user -Liccme Fee -$2,200 plus $330 application fee starting at the next annual rmewaldate PAYMENT SCHEDULE: 25% Liceme Fee l1-Conlract Exec:ulion S0-.4 Licmae Fee u-Bw .. JBMS" Inmllltioa 25% Licmae Fee U-• ~ The project achedule ia attached u Schedule B to the Profeuional Services Aar"eemem belwem both parties. 10 TPM 271041 2 Overview EXIIIBITC INTERNET FUNCTIONALITY The Software, when delivered, shall contain Internet-ready functionality of the PCSS Content Management System involving standard ticket and citation inquuy. When available, but in any event within six (6) months from acceptance of the Software, PCSS shall deliver Internet-ready functionality related to payment processing and jury information inquuy. Further, the application functionality applicable under this Exhibit shall be included in the general definition of .. Applicable Functionality" as outlined in Section 1.2(b) of this Agreement. Technical Rcquimncnts The application must be housed on a Windows 2000 Server running IIS. PCSS will be using Active Server Pages (ASP) to develop the required web inquiries. The City will provide their Internet Service Provider (ISP) with the capability to access the Court database using City security protocols acceptable to the City. Functional Application Enviromncnt The initial web access screen will query the user for their driven license number, state and date of birth (DOB). H a valid match is found in the PCSS database, all tickets with applicable information will be displayed in a arid. If the uaer does not have the driven license number, state and date of birth (DOB), be/lhe will have the ability to provide the ticket number and date of birth (DOB). If this matches, the individual ticket record will be dilplayed in the pid. The grid will consist of tickets that are not cloeed and display the followina infannation: Status Description, Defendant Name, Charge Deacription, Amount Due. Next Action Due Date. and Description (e.g. Court date or next payment date), any pica offers made, Dilpolition Date (and associated description). 17 TPM/271().41 2 -- 0 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made as of this 2"d day of December, 2002, (the "Effective Date") by and between PROFESSIONAL COMPUTER SOFTWARE SERVICES, INC., a South Carolina corporation ("Contractor"), and THE CITY OF ENGLEWOOD, COLORADO, a municipal corporation formed under the laws of the State of Colorado ("City"). WITNESSETH: City desires that Contractor, from time to time, provide certain consulting services, systems integration services, data conversion services, training services, and related services as described herein, and Contractor desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: below: 1. Deflaitioas. Capitalized terms used in this Agreement shall have the meaning set forth (a) "Intellectual Property Rights" shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works, (2) trademark and 1nde name rights and similar rights, (3) trade secret rights, (4) patents, designs, algorithms and other industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, "rental" rights and rights to , remuneration), whether arising by operation of law, contract. license, or otherwise, and (6) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b) "Work Product" shall mean all patents, pah:nt applications, inventions, designs, mask works, processes, methodologies, copyrights and copyrightable works, trade secrets including confidential information, data, designs, manuals, training materials and documentation, formulas, knowledge of manufacturing processes, methods, prices, financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared, documented and/or delivered by Contractor, pursuant to the provision of the Services. 2. Statements of Work. During the term hereof and subject to the terms and conditions contained herein, Contractor agrees to provide, on an as requested basis, the consulting services, systems integration services, data conversion services, training services, and related services (the "Services'°) as further described in Schedule A (the "Statement of Work'') for City, and in such additional Statements of Work as may be executed by each of the parties hereto from time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length 1>f time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall ,. ' .. • • • • -·- - incorporate all terms and conditions contained in this Agreement. The project schedule is attached as Schedule B. 3. Performance of Services. Contractor shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications, if any, set forth in the Statement of Work, and in accordance with industry standards. In connection with the performance of any Services pursuant to this Agreement: (a) Unless a specific nwnber of employees is set forth in the Statement of Work, Contractor warrants it will provide sufficient employees to complete the Services within the applicable time frames established pursuant to such Statement of Work. Furthermore, Contractor shall, at its expense, supply all tools, equipment and other materials necessary to perform the Services contemplated in each Statement of Work. (b) Contractor warrants that employees shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c) Employees performing Services must be United States citizens or lawfully admitted in the United States for permanent residence or lawfully admitted in the United States holding a visa authorizing the performance of Services on behalf of Contractor. Contractor shall not discriminate against any employee, applicant for employment, or any member of the public because of race, color, religion, sex, national origin or any other class protected by federal, state or local employment discrimination laws. Contractor shall adhere to affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their race, color, religion, sex, national origin or any other class protected by federal, state or local employment discrimination laws. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, ttansfer, recruitment, advertising, layoff or termination, rates -of pay or other forms of compensation and selection for training, including apprenticeship. (d) Contractor warrants that all employees utilized by Contractor in performing Services are under a written obligation to Contractor requiring the employee to maintain the confidentiality of information of City. (e) , Contractor shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. City may require each employee providing Services to undergo a background investigation, including, but not limited to a criminal records and fingerprint check. City shall be responsible for the costs incurred by Contractor in undertaking such background checks. Contractor shall promptly replace any employee found to be unacceptable to City, in its discretion, on the basis of the results of a background investigation. (0 Contractor shall provide for and pay the compensation of employees and shall pay all taxes , contributions, and benefits (such as, but not limited to, workers' compensation benefits) which an employer is required to pay relating to the employment of employees. City shall not be liable to Contractor or to any employee for Contractor's failure to perform its compensation, benefit. or tax obligations. Contractor shall indemnify, defend and hold City ,, t .... • • 0 .. harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. (g) During the course of perfonnance of Services, City may, for any or no reason, request replacement of an employee or a proposed employee. In such event, Contractor shall, as soon as possible, provide a substitute employee of suffi cient skill, knowledge, and training to perform the applicable Services. (b) Contractor shall establish and shall retain, for a period of three (3) years following the performance of time and materials Services, records which adequately substantiate the applicability and accuracy of charges for such Services and related expenses to City. Upon receipt of reasonable advance notice from City, Contractor shall produce such records for audit by City. (I) Contractor shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Contractor shall also comply with the provisions of all applicable laws in perfonning the Services under the Agreement. At its own expense and at no cost to City, Contractor shall make any change, alteration or modification that may be necessary to comply with any applicable laws that Contractor failed to comply with at the time of performance of the Services. 4. Fees; Invoices and Piwmeat. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed te in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work. A deliverable under a Statement of Work will be deemed accepted by City thirty (30) days after delivery unless City gives Contractor written notice of rejection prior to the end of such thirty (30) day period. which notice shall specify in reasonable detail the reason for rejection. If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice. City shall notify Contractor as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion, City shall pay to Contractor the resolved amount. 5. Taxes. (a) City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Contractor for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Contractor. (b) Upon written notification by City and subsequent verification by Contractor, Contractor shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. (c) City shall provide Contractor with, and Contractor shall accept in pd faith, resale, direct pay, or other exemption certificates, as applicable. ' ·~ .. .. • • D 6. Out of Pocket Expenses. Contractor shall be reimbursed only for expenses which are expressly provided for in a Statement of Work and which have been approved in advance in writing by City, provided Contractor has furnished such documentation for authorized expenses as City may reasonabl y request. 7. Audits. Contractor shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Contractor's operations and compliance with this Agreement. Contractor shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other customer of Contractor are not impacted adversely. 8. Term and Termination. The term of this Agreement shall commence on the Effective Date and shall continue unless this Agreement is terminated as provided in this Section 8. (a) Convenience. City may, without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Contractor, pay Contractor for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tas~ as listed in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. (b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there arc no outstanding Statements of Work. (c) Payment Default. If City defaults in the payment of any amount due under any Statement of Work and does not cure the default within thirty (30) days after receiving written notice of such default, then Contractor may terminate the affected Statement of Work by providing fifteen (15) days prior written notice oftennination to City (d) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party. ' (e) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors; (2) applies for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian, or liquidator for its business or all or substantially all of ill usets; (3) files, or consents to or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or insolvency laws; or (4) files a petition seeking relief or reorganization under any bankrurtcy or insolvency laws is filed against that other party and is not dismissed within sixty (60) days after it was filed . (f) Ternuaadoa for Noa-Approprtadoll. If City is not allotted funds for the next succeeding fiscal period by appropriation, appropriation limilalion. grant, or other funding source availab le to it for purposes of this Agreement, the Agreement shall automatically termil\2lc at the . ... .. • • ., ' • • • (] end of such current fiscal period for which funds have been allocated, without penalty to City. Such termination shall not constitute an event of default under any other provision of this Agreement, but City shall be obligated to pay all charges incurred through the end of the current fiscal period. City shall give Contractor written notice of such unavailability of funds not later than thirty (30) days after it receives notice of such unavailability. (g) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Contractor to perform its obligations hereunder. City shall provide to Contractor's employees performing its obligations hereunder at City's premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third party hardware or software operated by or on behalf of City, City shall, at no expense to Contractor, obtain all consents, licenses and sublicenses necessary for Contractor to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 10. Staff. Contractor is an independent contractor and neither Contractor nor Contractor's staff is, or shall be deemed to be employed by City. City is hereby contracting with Contractor for the Services described in a Statement of Work and Contractor reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Contractor or Contractor's staff, and City shall not be required to hire, supervise or pay any assistants to help Contractor perform the Services under this Agreement Except to the extent that Contractor's work must be performed on or with City's computers or City's existing software, all materials used in providing the Services shall be provided by Contractor. 11. Confidential Information. (a) ObU1adon1. Each party hereto may receive from the other party information which relates to the other party's business, research, development, trade secrets or business affairs ("Confidential Information"). Subject to the provisions and exceptions set forth in the Open Records Act, CRS Section 24-72-101 et. seq., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information of a similar nature, but in no event less than a reasonable degree of care. Without limiting the generality of the foregoing, each party hereto agrees not to disclose or permit any other person or entity access to the other party's Confidential Information except such disclosure or access shall be permitted to an employee, agent, representative or independent contractor of such party requiring access to the same in order to perform his or her employment or services. Each party shall insure that their employees, agents, representatives, and independent contractors are advised of the confidential nature of the Confidential lnformation and are precluded from taking any action prohibited under this Section 11 . Further, each party agrees not to alter or remove any identification, copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediaaely notify the other party in writing of all circumstances sunounding any poueuion, me or knowledp of Confidential Information at any location or by any person or entity other than thole aulhorized by ,, ' ... ..• • • _, this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with respect to infonnation or data identical or similar to that contained in the Confidential Information of the other party but which (l) that party rightfully possessed before it received such infonnation from the other as evidenced by written documentation; (2) subsequently becomes publicly available through no fault of that party; (3) is subsequ rntly furnished rightfully to that party by a third party without restrictions on use or disclosure; or (4) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure . (b) Know-How. For the avoidance of doubt neither City nor Contractor shall be prevented from making use of know-how and principles learned or experience gained of a non- proprietary and non-confidential nature. (c) Remedies. Each of the parties hereto agree that if any of them, their officers, employees or anyone obtaining access to the Confidential Infonnation of the other party by, through or under them, breaches any provision of this Section 11, the non-breaching party shall be entitled to all of the remedies provided by the Unifonn Trade Secrets Act as adopted in the State of Colorado. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12. Project Maaa1en. Each party shall designate one of its employees to be its Project Manager under each Statement of Work, who shall act for that party on all matters under the Statement of Work. Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work. 13. Warranties. Contractor represents and warrants that: (l) Contractor bu the full corporate right, power and ·1thority to enter into this Agreement and to perfonn the actl required of it hereunder; (2) the execution of this Agreement by Contractor, and the perfonnance by Contractor of ill obligations and duties hereunder, do not and will not violate any agreement to which Cootractor is a party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Contractor, this Agreement will constitute the legal, valid and binding obliplion of such party, enforceable against such party in accordance with its tenns; and (4) Conttactor acknowledges that City makes no representations, warranties or agreements related to the subject matter hereofth~t are not expressly provided for in this Agreement 14. lndemalflcadon. (a) Contractor lndemaiftcation. Contractor shall indemnify, defend and hold harmless City, its directors, officers, employees, and agents and the heirs, executon, successors, and pennitted assigns of any of the foregoing (the "City lndemnitees .. ) from and against all losses, claims, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of lepl coumel and accountants), bodily and other personal injuries, damage to tangible property, and Olbcr damaaa, of an y kind or nature, suffered or incurred by a City lndemnitee directly or indirectly lriain1 from or related to : (I ) any negligent or intentional act or omiuion by Contractor or its representatives in the perfonnance of Contractor's obligations under this Aareement. or (2) any mataial breach in a representation . warranty, covenant or obligation of Contractor contained in this Apcement. 6 ,•' • .. • t .. • - (b) Infringement. Contractor represents and warrants that (a) at the time of delivery to City, no Work Product, functionality or methodology provided under this Agreement is the subject of any litigation ("Litigation''), and (b) Contractor has all right, title, ownership interest, and/or marketing rights necessary to provide the Work Product. functionality and methodology to City and that each license, the Work Product, its functionality and methodology, and its license, and use hereunder do not and shall not directly or indirectly violate or infringe upon, induce infringement of, contribute to infringement of, or misappropriate any patent, copyright, trademark, trade dress, trade secret or other right-s of any third party ("Infringement''). Contractor shall indemnify and hold City and its successors, employees, and agents harmless from and against any and all actions, claims, losses, damages, liabilities, awards, costs, and expenses (including legal fees) resulting from or arising out of any Litigation, any breach or claimed breach of the foregoing warranties, or which is based on a claim of an Infringement and Contractor shall defend and settle, at its expense, all suits or proceedings arising therefrom. City shall inform Contractor of any such suit or proceeding against City and shall have the right to participate in the defense of any such suit or proceeding at its expense and through counsel of its choosing. Contractor shall notify City of any actions, claims, or suits against Contractor based on an alleged Infringement of any party's intellectual property rights in and to the Work Product, its functionality or methodology. In the event an injunction is sought or obtained against use of the Work Product. its functionality or methodology or in City's opinion is likely to be sought or obtained, Contractor shall promptly, at its option and expense, either (i) procure for City the right to continue to use the infringing Work Product, functionality or methodc Jgy as set forth in this Agreement, or (ii) replace or modify the infringing Work Product, functionality or methodology to make its use non-infringing while being capable of performing the same function without degradation of performance. (c) Indemnification Procedures. Notwithstanding anything else contained in this Agreement, no obligation to indemnify which is set forth in this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the claim, suit or proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided, however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys, all at such party's cost and ..:xpcnse; provided further, however, that no settlement or compromise of an asserted third-party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification. (d) Immunity. City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. IS. Iasaruce. Contractor shall, at Contractor's sole expense, maintain the following insurance: (a) Commercial Geaenl LlabWty la1aruce: including contnctual coverage: The limits of this insurance for bodily injury and property damage combined shall be at )cut: -Each Occurrence $1,000,000 t • • • -Fire Damage (Any one Fire) -Med. Expense (Any one person) -Personal & Advertising Injury -General Aggregate -Products-Completed Operations $300,000 $5,000 $1,000,000 $2,000,000 $2,000.000 (b) Business Automobile Liability Insurance: Should the performance of this Agreement involve the use of automobiles, Contractor shall provide comprehensive automobile insurance covering the ownership, operation and maintenance of all owned, non-owned and hired motor vehicles. Contractor shall maintain limits of at least $1,000,000 per occurrence for bodily injury and property damage combined. (c) Worken' Compensation Insurance: Such insurance shall provide coverage in amounts not less than the statutory requirements in the state where the work is performed, even if such coverage is elective in that state. (d) Employen Liability Insurance: Such insurance shall provide limits ofnot less than SI 00,000 per occurrence. (e) Professional Liabillty/Erron and Omissioas Insunace: covering acts, errors and omissions arising out of Contractor's operations or Services in an amount not less than one million dollars (S 1,000,000) per occurrence. The insurance specified in (a) and (b) above shall: (i) name City, and its employees and agents as additional insureds, and, (ii) provide that such insurance is primary coverage with respect to all insureds and additional insureds. The above insurance coverages may be obtained through any combination of primary and excess or umbrella liability insurance. Contractor shall provide at City's request certificates evidencing the coverages, limits and provisions specified above on or before the execution of the Agreement and thereafter upon the renewal of any of the policies. Contractor shall require all insurers to provide City with a thirty (30) day advanced written notice of any cancellation, non-renewal or material change in any of the policies maintained in accordance with this Agreement. 16. RJ&bts la Work Product. (a) GHerally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to the Work Product produced or provided by Contractor under any Statement of Work shall remain the property of Contractor, and City hereby agrees to assign and. upon its creation, automatically assigns to Contractor all rights, including but not limited to Intellectual Property Rights. which it may have in such Work Product, without the necessity of any further consideration. With respect to the Work Product, Contractor unconditionally and irrevocably grants to City durin& the term of such Intellectual Property Rights , a non-exclusive, irrevocable. perpetual, worldwide, fully paid and royalty-free license, to reproduce, create derivative works of. distribute, publicly perform and publicly display by all means now known or later developed. such Intellectual Property Rights. t ·10 ... ., • • • (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and contractors shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know- how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17. Reladoasbip or Parties. Contractor is acting only as an independent contractor and does not undertake, by this Agreement, any Statement of Work or otherwise, to perform any obligation of City, whether regulatory or contractual, or to assume any responsibility for City's business or operations. Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work. 18. Complete Ap'eemeat. This Agreement contains the entire agreement between the parties hereto with respect to the matters covered herein. 19. Applicable Law. Contractor shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. 20. Scope or A1reemeat. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be cunailcd only to the extent necessary to conform to law. 21. Addidoaal Work. After receipt of a Statement of Work, City, with Contractor's consent, may request Contractor to undertake additional work with respect to such Statement of Work. ln such event, City and Contractor shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Contractor for such additional work. 22. Subcoatracton. Contractor may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of uiy permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such subcontractor shall be subject to all of the obligations of Contractor specified in this Agreement. 23. Notices. Wherever one party is required or permitted to give notice to the other pursuant to this Agreement, such notice shall be deemed given when delivered in band, when mailed by registered or certified mail, return receipt requested, postage prepaid, or when sent by a third party courier service where receipt is verified by the receiving party's acknowledpnent, and addn11ed u follows : In the case of City: City of Englewood, Colorado I • .. 1' .. ' • • • l 000 Englewood Parkway Englewood, Colorado 80110-2373 Attention: Don Ingle, Contract Manager In the case of Contractor: Professional Computer Software Services, Inc. 909 Wesley Court Suite C Boiling Springs, South Carolina 29316 Attention: Gary Ownbey Either party may from time to time change its address for notification purposes by giving the other party written notice of the new address and the date upon which it will become effective; first class, postage prepaid, mail shall be acceptable for provision of change of address notices. 24. Assignment. This Agreement may not be assigned by Contractor without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 25. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26. Headin1s, The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation. The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement. The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into this Agreement. 27. Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not effect in any way the full right to require such performance at any subsequent time; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28. Force Majeure. If performance by Contractor of any service or obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, s ·vere weather, shortages of materials, rationing, utility or communications failures, earthquakes, war, rt volution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any governmental or judicial authority or representative of any such government, or any other act whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Contractor, then Contractor shall be excused from such performance to the extent of such prevention. restriction, delay or interference. If the period of such delay exceeds thirty (30) days, City may, without liability, terminate the affected Statement ofWork(s) upon written notice to Conuactor. 29. Media R~ Except for any announcement intended solely for internal distribution by Contractor or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Contractor, all media releases, public announcements, or public disclosures 10 •' .. •· • .. ' • • (including, but not limited to, promotional or marketing material) by Contractor or its employees or agents relating to this Agreement or its subject matter, or including the name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Contractor shall not represent directly or indirectly that any Services provided by Contractor to City has been approved or endorsed by City or include the name, trade mark, or symbol of City on a list of Contractor's customers without City's express written consent. 30. Nonexclusive Market and Purchase Riptl. It is expressly understood and agreed that this Agreement does not grant to Contractor an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppliers services similar to the Services. Contractor agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Contractor prior to or during the term of this Agreement shall not constitute commitments. 31. S•rvlvaL The provisions of Sections S, 8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 29 shall survive any expiration or termination for any reason of this Agreement. II IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. THE CITY OF ENGLEWOOD, COLORADO By:_.........;~--------=-- Printed Name : _________ _ Title: ____________ _ Date:------------- ATIEST: City Clerk APPROVED AS TO FORM: City Attorney PROFESSIONAL COMPUTER SOFfW ARE SERVICES, INC. BY.------------~ Printed Name : _________ _ Title: ____________ _ Date: ____________ _ 12 SCHEDULE A OUTLINE OF STATEMENT OF WORK (SOW) 1. GENERAL This document represents the general Statement of Work (SOW) for perfonning the implementation of the Court Case Management System (CCMS) for the City of Englewood. Professional Computer Software Solutions, Inc. (PCSS or Contractor) will implement the system, as outlined in the SOW and the Contractor's RFP response integrated into the Software Licensing Agreement. Deliverables are PCSS's responsibility, unless otherwise noted. 2. SUMMARY OF PURPOSE FOR STATEMENT OF WORK The purpose of the CCMS implementation is to replace the existing legacy system with the PCSS JEMS (case management) version 4.S and JMS (jury management) version 4.5. The CCMS system will provide existing functionality as well as enhance the management of municipal court information through improved processing efficiency, data integration, and improved data access. The project will be considered successful when the new System has been implemented and placed into production within the agreed upon project schedule. 3. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY The City shall provide a single Compaq Windows 2000 Server per the recommended specifications included in Attachment D -Recommended Configuration of the Contractor's RFP response to the City, included as Exhibit A to the Software License Agreement between the two parties. Prior to ordering associated equipment and software, the City will receive the Contractor's written confirmation of acceptability of the equipment and associated software to be purchased 4. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Software and service deliverables are outlined in the Software License Agreement between both parties, which is attached and integrated the binding PCSS RFP response to the City (Exhibit A to the Software License Agreement). General Module Functions to be Replaced : • Data management including traffic, criminal, parking and limited civil violations • Fonn/notice generation • Calendaring Scheduling • Interfaces (see below) • Project/Process management: Statistical, Probation, Community Services, Jury Management • Prosecution • Victim advocate Implementation Services To Be Provided: • Project Management u t • • • System Configuration • Software Installation • Forms/Reports Development • Interface Development • Data Conversion • System Testing • Training Plan and Curriculum Development • Train-the-Trainer Training • Post Implementation Support AulDCile it-lnacm AulDCile ToCCMS Pwflinlticlllll ~ PCSS Puliin&Ticlcet Windows dlllildlla W.,Servica s,...... Dllklapin ~I SdllJ SclYica Colondl, Unlmown Unknown ToCCMS OMV,_ ColondoOMV PCSS ~of quay M-Velliclc s Omenll.alpr Onclo/Sollris Onclc I Ii FromCCMS 01/Detail Solboun,e PCSS Interface requirements are further in the binding RFP response included in the Software License Agreement. Conversion Sman:es: Each conversion will be defined in a Conversion Plan Document, which will have been agreed upon by both parties. 5. PAYMENT SCHEDULE AND PERFORMANCE Mll.ESTONES City will pay Contnctor for the work in accordance with the following payment achedule. AU payments to Contractor are continacnt on Contractor's Alilfyina the Delivenblea/Mileatonea set forth in the Payment Schedule. Payments lhall be made upon City's written c:onfinnabon to Contractor that the Deliverables-Mileatonea have been satisfied . The project schedule ia attached a Schedule 8. ITEM: Onsite Services (20) Days Installation Services Training & Assistance Go-Liv e Assistance • Expenses to be billed Separately u incurred Quickstart Data Entry of8<W. of Table Codes & (15) of the most frequently used fonns genenled by )'OUI' off"tee •• COST: $24,0004' $5,000 Interfaces Identified: -Autocite -Colorado DMV -Financial Interface Project Management -120 Days/ l Day per week from PCSS' location Identified Modifications (see binding RFP response) Additional Services from PCSS : Conversion of Existing Data ( 95% completion as per formats provided) Web site and Internet content access (See Exhibit C, Software License Agreement) TOTAL -SERVICES: ADDITIONAL NAMED USER LICENSES : $5,000 $15,000 Cost included $17,000 $4,000 $30,000 $5,000 $105,000 Each named user -License Fee -$2,200 plus $330 application fee starting at the next annual renewal date Payment Schedule -Services: 50% All Interfaces Upon Start of Definition r. 50"/o All Interfaces Upon Deliverv of Interface Pro 50"/o Conversion Upon Receipt of Data File 50"/o Conversion Upon Deliverv oflteration l 50"/o Software Modifications Upon Start of Definition Gathcrina 50"/o Software Modifications Upon Deliverv cl 50"/o QuickStart Service due uoon project start of-Januarv 1, 2003 50"/o QuickStart Service due uoon successful installation All off-site services invoiced as incurred Project Manaacment Service prorated weekly startinR January I, 2003 6 . ACCEPTANCE AND TESTING Description • Test of installed hardware and OS supplied by the City for the project. This test will demonstrate that the hardware, OS and usociatcd utilities supplied by the City functions within the City's existing hardware/software environment and that all installed hardware and OS functionality issues arc addressed per the vendor's specifications. 15 • • Test period: Following hardware and OS installation by the City. Requires confirmation of acceptance in writing by PCSS. • Test of installed baseline CCMS software This test will use vendor supplied data (or converted City data if available) to successfully simulate daily online and offiine processing capabilities and produce all standard reports supplied with the baseline CCMS application. The City will select. at its diacrction, functional aoftware capabilities included in the Functional Requirements section (Attachment 8) of the binding RFP response included in the Software License Agreement where PCSS bas indicated a rapome of S, 4 or 3 (where a response of '3 -Meets with Customization' bas resulted in a cUIIOIDizatjon included in the Agreement). Test period: Immediately following base CCMS (JEMS and IMS) inltallation and before release of the associated 50% aoftware licensing fee payment per the Software Llccnae Apeemen&. • Test of modified CCMS application software, converted data and requiJed interfaces This test will use City supplied data to 1UCCC11fw1y limulale daily anline and oftliac pn,ceuin1 and produce all reports for the CCMS applications • modified to function • nquired in the Agreement. Time period: To be performed individually followina the napectjve appticalioD of 10ftwarc modifications, loading of converted data and development of individual illlterfacea; and, befcn release of SO% services payment for Delivery of lnlcrface Prt.a,+IMMWII, Cciavenioa Upon Delivery oflteration. and Software Modifications Upon Delivery. • Fully integrated System acceptance test This test will use City supplied data and, at the City's diacrction, simulate any and all ftmctional software capabilities included in the Functional Requirements aection (Anacbment 8) of the binding RFP response included in the Software Liccmc Apecment wbcrc PCSS baa indicated a response of 5, 4 or 3 (where a response of '3 -Meets with Cllllomization' Im l'CIUhed in a customization included in the Agreement), including cuatomcr interfaca, or other fimc:tional requirements required elsewhere in the Software License and this Profeuional Scrvica Agreement. Testing Procedure and Remedies a . The City shall perform Tests on the Deliverables during the applicable T• Pwiocla, • described in hereinabove. Contractor shall assist City u requested by City in perfonnina such Tests. City will provide Acceptance if the Deliverable meell the ......... deecribed hereinabove during the Test Period and meets the City's nraaonable Mlillactioa. b . If a Failure occurs durina a Tesa Period. City -11 pve COlllnelal _.. ol ila --•u;1-.:c. with such notice dclincatina the deficiencies l&8lld • lhc ..,.. • Cilyl · • After Contractor has corrected such fail-. City lhall verify 1111 .. - and in writing shall either cpl or not accept the deliwnMt ....... • • ' .,. .. .· • . . • • • c. If City has not provided Acceptance for a particular deliverable or the system, City may, at its option: (a) request replacement Software for further Acceptance Tests; (b) continue performing Tests and require Contractor to continue until failures are corrected, provided that the time period for correction shall not exceed ten working days, unless waived or extended by City; or ( c) exercise its termination rights under the contract if Contractor is unable to comet all material failures of each deliverable after exercise of the remedies above, or fails to deliver a ~ that is accepted by the City per the functional requirements of the Software License and Professional Services Agreements within 30 working days of . Such termination for default of Contractor shall entitle the City to the immediate return of all sums previously paid by City to Contractor for such Software. 7. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by Contractor at its regular office localed in Boiling Springs, SC. City will provide the City office space and support u it agrees may be appropriate, at its Civic Center facility. 17 SCHEDULEB PROIEC'T SCHEDULE II \ .,.__ .. "' 0 ·-------, -----_,.,.,_OIi 3 ---~----~ -a.-----·-.• --·--·-------0.,. ·-.. _.....,.._ ·-"I ~--·- =1 ---·--·-----·-" --o.•c- ,_ " ----·-" o.........-c., ........ ,_ . __ ...,_ ·----·--~·--.. _ -----·-,CUC.-.... - .. _ -·-~._.... ....... ·----·-·- ~a--......... ·---·--·--·-~, ....... ~ ·-..... c...-.,,.,,,,,_ ·--·-c:--... _ -,.._ '-----.. _ ----.. _ ........... , .......... ... .................................... .._ ..... .,,.,c;:a.e ........ , ........ . .. ----... ---... --... ....... ~--... -u-IICl,ST .... f ... ·-..... ~, .... Olla ... C..-1.....,.C--..ctEM UNf ,,_.. ·-,ea~o.. ,,... .... ··-PC'Slf._...c...r,•p.1111)1 1 ·-c...... , .... c.....&1111 u.,1,... 10-,cu e,,. ___ , .. _ 1f'llflCSS ~ ·----·-.......... .., ....... ·-flCSS ,.,.... c.. ..... ._......~ ·-ocss,_.,,,,,_ ·---,_ 0-.~-,illlift ·----·-........ ·-0.-....... tllfGoLM ·-"""°""""'--"""' ·-................ c..._ ·-·----·~ --... _ -·--·-----... _ ,.,,_ _ ... _ ·--V1--'"---........ ---'"-... ,,_ ... _ ...... _ --,..,". ••vtJm ----·-,,,_ ... _ --... ._ .. _ _1111 .. -,mm , .. ..._ WIIIIIIIID ... _ --·------... _ -- --'11111 .. --_,.., .. --··-, .. ,,, .. TY1UJW1 --··---......... .. _ .. _ _1111 .. ,.,,.. ,.,_ ,.,_, ------_,_ ------_,,,_ --_,,,_ , .. ~um T1111ttUU w.w,-.-·-w. WtMS _,,,_ TlluJIIW) TlluittJ.Gl ,.,,...,, ftl 3114'03 Wonl/HoVl MMll11Al3 Twe 311"°3 TY1111Ml Wedlo'1Wl --_..,_ W.lltMS ----1""3127I0.1 --Wod41211D TflM:M27,U 1""41WDl n.,-,11m .......... ... .,...,, ......... ,...,...,, ,........, ,.. ...... ,...,_. ------Wot---W...Mtm w.w,,m _.,_ ----_ ....... -w..w, .. WNIIIM3 -------------·-_,_ ------ ••••••• ,, * . ·.,· t -· .... ~ ... : . . . .. .• . • .. J ., t * T , I I llll w T • • \, • • • ' -~ ·····=·····-·!·.······························=·=·=··-:-:,:-:,:,:-:-:-:-:,:-•••••••••••.••••••••••••.••••..•••••••.•.• ·'•'•,•'•'.'•,•' '•• •:0:•1•,'•,•,S•'·' ··············.·,····························'·,•,•,•:•:• .. ························:-:-:,:-:,,•,•.";,,·, .. : .. , .. ·.··········· • .. -.-:·:·:·.·:·:.·:·:·:: :·· ::·: ::· .. ···························································································.•.·.· SOFI'W ARE MAINTENANCE AND SUPPORT AGREEMENT THIS SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT (this "Agreement'') is made and entered into as of December 2, 2002, by and between PROFESSIONAL COMPUTER SOFTWARE SERVICES, INC., a South Carolina corporation ("PCSS"), and THE CITY OF ENGLEWOOD, COLORADO, a municipal corporation formed under the laws of the State of Colorado ("City''). WITNESSETH: WHEREAS, City has obtained from PCSS a right and license in and to certain "Licensed Software" as defined in the Software License Agreement of even date (the "License Agreement"); and WHEREAS, City wishes to obtain from PCSS and PCSS wishes to provide to City certain software maintenance and support services with respect to such Licensed Software on the terms and subject to the conditions set forth in this Agreement; NOW, THEREFORE, intending to be legally bound, Licensor and Customer agree as follows: 1. Purpose. This Agreement describes the terms and conditions under which PCSS will provide new software to City in order to keep the Licensed Software current and operating properly ("Maintenance''), as well as the tC11DS and conditions under which PCSS will provide support services to City with respect to problems that might arise with respect to use of the Licensed Software ("Support''). 2. Dell itions. Capitalized terms in this Agreement have the following meanings: (a) "Business Day'' means all days except for Saturdays, Sundays and legal holidays on which banks in South Carolina are not open for business. (b) "Business Hours" means the time between the hours of 8:00 a.m. and 7:00 p .m ., Eastern Time, on Business Days. (c ) "Call Back:" PCSS ' contacting of City (by telephone or e-mail) regarding a Problem Report following initial notification of the Problem Report by City. (d) "Enhancement:" Any addition to the functionality or any improvement in performance of the Licensed Software over previous Releases of such software that is not a Fix, Workaround, or Version. (e) "Environment: "Any of the following u chosen by City and which is actually used by City: (i) the Recommended Environment; (ii) any operating system and hardware configuration that is specified by PCSS for optimal use in conjunction with any Relcaae; or (iii) any operating system or hardware configuration other than that set forth in (i) and TPM 2 1~2 • • (ii) that is requested by City and approved by PCSS, which approval shall not unreasonably be withheld. (f) "Error:" A material nonconformity of the Licensed Software to the Specifications. (g) "Fix:" A change to the Licensed Software consisting of one or more patch(es), replacement module(s), a special program and/or a change in the Documentation that will solve the Problem . A single Fix may apply to more than one Problem. (h) "Help Desk:" PCSS' designated call-in point which is identified to City as the resource City should contact to ask any questions, make any requests or report any Problems with respect to the Licensed Software. (i) "License Agreement:" The Software License Agreement between City and PCSS of the same date herewith. (j) "Licensed Software:" Collectively, in executable and source code form, the software licensed to City under the License Agreement. (k) "Major Release :" Licensed Software based on a Version of such significance that the Version would ordinarily be designated by a whole number (e.g., 2.x or 3.x). (I) "Priority Code:" The level of repair urgency assigned to a specific Problem Report, as more particularly described in Section S(b) of Attachment 1 to this Agreement. (m) "Problem:" The following deficiencies in the Licensed Software: (1) an Error, (2) failure to operate in a way that is consistent with the warranties stated in the License Agreement; (3) failure to conform to its Documentation; (4) the software causes instability in the Environment, data to be lost, data to lose integrity or reports to display or print incorrectly; or (5) the software otherwise malfunctions as a result of design defects or is incompatible with the Environment. The term "Problem" shall not include equipment defects, defects in the operating system software which is supplied with the Equipment or networking software which is utilized in the Environment. (n) "Problem Report :" A report ofa single Problem by City. (o) "Problem Report Response :" PCSS ' issuance ofa Fix or Workaround in response to a Problem Report, or the Parties ' agreement that no Fix or Workaround is required because the problem 's status category is detennined to be "Deferred," "Not a software issue," "User error," or persistently "Not reproducible." (p) "Recommended Environment:" The initial hardware and operating system configuration for the Licensed Software as recommended by PCSS and set forth in Exhibit B. (q) "Releas e:" An y Fi x, Workaround, Enhancement, Version or Major Release. • • (r) "Version:" A modification of the Licensed Software involving additional or improved functionality, including periodic maintenance releases, which PCSS makes generally available to its customers. (s) "Workaround:" A temporary solution to a Problem Report. A Workaround alone does not constitute a Resolution. 3. PCSS' Maintenance ObU&adoas. PCSS shall have an obligation to provide maintenance Releases as follows: (a) Fixes and Workarounds. PCSS shall provide Fixes and Workarounds in order to solve Problems as provided in Section 4 of this Agreement. (b) Releases. PCSS shall provide to City as soon as practicable all Releases that PCSS makes generally available to its other customers of any Version of the Licensed Software, including Versions. (c) Quality Assurance. All Releases to be provided to City by PCSS shall be provided after appropriate quality assurance by PCSS at no cost be)'Olld the maintenance and support fees specified in Exhibit A to this Agreement. Releases shall be modified as appropriate and in a timely fashion to be compatible and operable with all of the Licensed Software in the Environment. PCSS shall make Releases available u City may direct, whether by downloading, by shipment of City-designated physical media at PCSS' expense, or by other means. (d) Duration. PCSS shall provide maintenance and support for each Release for so long as City pays annual fees to PCSS for Support and Maintenance pursuant to Exhibit A. 4. PCSS' Support ObU&adoas. PCSS shall have the following support obligations: (a) Problem Resolution. Consistent with the procedures for resolving Problems set forth in Section 5 below, PCSS shall have the duty to issue Fixes and Workarounds. (b) Designated Personnel. PCSS shall designate, and at all times maintain and provide contact information to City with respect to a team of PCSS personnel who are knowledgeable and specially trained to understand and work with the Licensed Software ("Designated Support Team"). (c) Telephone Support. PCSS shall provide direct telephone support to uiswer questions and initiate corrective actions related to operation, imtallation, confipntion, documentation, general product information, and Problem Reports conccmina the Licensed Software presented by City's Designated Representatives in accordance with the procedures set forth in Section 5 hereof. Such telephone support service will be available during Business How-s . PCSS shall maintain adequate telecommunications • t .. • • capabilities to minimize on-hold time and busy signals. The scope of telephone support may be expanded by agreement of the parties. (d) PCSS Contact. PCSS shall identify one of its personnel as being responsible for coordinating its relationship with City. 5. Problem Reports and Resolution. Problem Reports shall be handled according to the division of responsibility and procedures described below: (a) Time Intervals . All time intervals specified in this Section S and Attachment 1 shall consist of Business Days. (b) Priority Code. The Priority Code shall indicate the urgency with which PCSS must respond to the Problem Report. City and PCSS will use the nature of the problem and the business situation to mutually determine the Priority Code upon its issuance of the Problem Report. The Problem Report's Priority Code may be reclassified by PCSS upon consent by City. (c) Notification and Call Back. A City Designated Representative will contact PCSS by telephone to notify PCSS of a Problem Report and related Priority Code. If an PCSS Designated Representative is not immediately available to speak with the City Designated Representative, then PCSS shall page a PCSS Designated Representative, and such PCSS Designated Representative will provide a Call Back to the City Designated Representative within the time period indicated for the applicable Priority Code as set forth in Attachment 1 to this Agreement. The PCSS Designated Representative will verify and analyze the Problem Report and assign the appropriate initial status category to the Problem Report from among those listed in Section 5(d) below. (d) Problem Report Status. Activities undertaken to respond to and resolve the Problem Report shall be recorded in PCSS' Problem Report database by PCSS as they occur. The problem resolution status categories shall be: 1. 2 . 3 . 4 . s. 6 . 7. 8. Acknowledged Reproduced Waiting for more information or materials Under Investigation Deferred -A problem otherwise requiring a Workaround or Fix exists, but no Workaround or Fix is provided because the parties agree that the problem can be timely and adequately resolved through PCSS' scheduled delivery of a Version. Not a software issue -The problem is not a software problem (i.e., it is a hardware problem, electronic interference or due to other non-10ftware issues) User en-or Not reproducible • • -· • 6. (e) 0 9. Duplicate Problem Report -The original Problem Report is cross- refcrenced. 10. Workaround being developed 11. Workaround supplied 12. Fix being developed 13. Fix supplied 14. Closed-City and PCSS agree the problem is resolved Problem Report Response and Resolution. (i) After its receipt and acknowledgment of a Problem Report, PCSS shall address the problem, test the proposed correction, enter the Problem Report solution into PCSS' Problem Report database, and forward the Problem Report Response to City for implementation. (ii) Unless otherwise agreed, PCSS will provide a Problem Report Response in the form of a Fix or Workaround within the time frames specified in Attachment l, given the severity of the Problem. (iii) A change to the Documentation may not serve as a Fix without City's specific written approval. (iv) Unless otherwise agreed, PCSS will provide a Resolution within the time period for the applicable Prio.rity Code set forth in Attachment 1. (f) Remote Dial-In Support. As appropriate, PCSS shall dial-in to a computer designated by City to investigate a Problem Report following City's request. PCSS will comply with all security procedures established by City with respect to remote access. (g) Onsite Problem Report Resolution by PCSS Personnel. In the event that PCSS and City agree that a Problem Report will be addressed most expediently or efficiently through an onsite visit by one or more members of the Designated Support Team or other PCSS technical staff, PCSS will provide such staff at a time to be agreed by the parties at City's expense. (h) Status Reports . PCSS shall provide City with access to an on-line database which contains an up-to-date status report summarizing the status of all unresolved Problem Reports, and shall include a description of the specific problem resolution actions taken or contemplated, and the status of PCSS' remedial efforts and anticipated time of solution . 1n addition, for Priority Code I Problem Reports PCSS will provide a daily status rcpon to City's primary Designated Representative . Duties or City. The duties of City shall be as follows : (a) Help Desk . City will provide, through City's intanal Help Deak. the point of first -call contact to end users with respect to problems and inquiries related to the t ... .. .· ! ., • • Licensed Software. If necessary, the Help Desk personnel will contact one of the City Designated Representatives which Representatives shall be the only personnel authorized to call PCSS' Designated Support Team. (b) City Contact. City shall identify one or more of its personnel for being responsible for coordinating this relationship with PCSS. (c) Maintenance and Support Fees. The support services set forth herein shall be provided by PCSS to City during the warranty period specified in the License Agreement at no additional charge to City. Thereafter, such support services shall be provided by PCSS, upon City's request, for either a fixed or open-ended term, at the applicable fees and charges set forth in Exhibit A. City may discontinue such support services at any time by providing thirty (30) days' advance written notice to PCSS. If such support services were provided by PCSS for an open-ended term, City shall promptly receive a refund of pre-paid support charges which reflects the amount for discontinued support services after the effective date of the notice. 7. Tues. City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse PCSS for any taxes attributable to the sale of any services which arc imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by PCSS. Upon written notification by City and subsequent verification by PCSS, PCSS shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. City shall provide PCSS with, and PCSS shall accept in good faith, resale, direct pay, or other exemption certificates, as applicable. 8. Insurance. PCSS shall, at PCSS' sole expense, maintain the following insurance: (a) Commercial General Liability Insurance: including contractual coverage: The limits of this insurance for bodily injury and property damage combined shall be at least: -Each Occurrence -Fire Damage (Any one Fire) -Med. Expense (Any one person) , -Personal & Advertising Injury -General Aggregate -Products-Completed Operations $1,000,000 $300,000 $5,000 $1,000,000 $2,000,000 $2,000.000 (b) Business Automobile Liability Insurance: Should the performance of this Agreement involve the use of automobiles, PCSS shall provide comprehensive automobile insurance covering the ownership, operation and maintenance of all owned, non-owned and hired motor vehicles. PCSS shall maintain limits of at least $1,000,000 per occurrence for bodily injury and property damage combined. • t • • • .a (J (c) Workers' Compensation Insurance: Such insurance shall provide coverage in amounts not less than the statutory requirements in the state where the work is performed, even if such coverage is elective in that state . (d) Employers Liability Insurance: Such insurance shall provide limits of not less than $100,000 per occurrence. (e) Professional Liability/Errors and Omissions Insurance: Covering acts, errors and omissions arising out of PCSS' services in an amount not less than $1,000,000 in the aggregate. The insurance specified in (a) and (b) above shall: (i) name City, and its employees and agents as additional insureds, and, (ii) provide that such insurance is primary coverage with respect to all insureds and additional insureds. The above insurance coverages may be obtained through any combination of primary and excess or umbrella liability insurance. PCSS shall provide at City's request certificates evidencing the coverages, limits and provisions specified above on or before the execution of the Agreement and thereafter upon the renewal of any of the policies. PCSS shall require all insurers to provide City with a thirty (30) day advanced written notice of any cancellation, non-renewal or material change in any of the policies maintained in accordance with this Agreement. 9. Miscellaneous. (a) Binding Nature, Assignment, and Subcontracting. This Agreement shall be binding on the parties and their respective successors in interest and assigns, but PCSS shall not have the power to assign this Agreement without the prior written consent of City. If PCSS subcontracts or delegates any of its duties or obligations of perfonnance in this Agreement to any third party, PCSS shall remain fully responsible for complete performance of all of PCSS' obligations set forth in this Agreement and for any such third party's compliance therewith. (b) Counterparts . This Agreement may be executed in several counterparts, all of which taken together shall constitute one single agreement between the parties. ( c) Headings. The Section headings used in this Agreement are for reference and convenience only and shall not enter into the interpretation hereof. (d) Relationship of Parties. PCSS is performing pursuant to this Agreement only u an independent contractor. PCSS has the sole obligation to supervise, manage, contract, direct, procure, perform or cause to be performed its obligations set forth in this Agreement , except as otherwise agreed upon by the parties. Nothing set forth in this Agreement shall be construed to create the relationship of principal and agent between PCSS and City. PCSS shall not act or attempt to act or represent itself, directly or by ' . t . ... .. •· • • • implication, as an agent of City or in any manner assume or create, or attempt to assume or create, any obligation on behalf of, or in the name of, City. (e) Confidentiality. PCSS acknowledges that in the course of pcrfonnance of its obligations pursuant to this Agreement, PCSS may obtain confidential and/or proprietary information of City. PCSS hereby agrees that all confidential information communicated to it by City, whether before or after the Effective Date, shall be and was received in strict confidence, shall be used only for purposes of this Agreement, and shall not be disclosed by PCSS, its agents or employees without the prior written consent of City. This provision shall not apply to confidential information which is (a) already known by PCSS without an obligation of confidentiality, (b) publicly known or becomes publicly known through no unauthorized act of PCSS, (c) rightfully received from a third party without obligation of confidentiality, (d) disclosed without similar restrictions by City to a third party, (e) approved by City for disclosure, or (f) required to be disclosed pursuant to a requirement of a governmental agency or applicable law so long as PCSS provides City with timely prior written notice of such requirement. All information received by City from PCSS shall be subject to the Open Records Act, CRS Section 24-72-10 l et. seq. The provisions of this Section shall survive the term or termination of this Agreement for any reason. (f) Media Releases. Except for any announcement intended solely for internal distribution by PCSS or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of PCSS, all media releases, public announcements, or public disclosures (including, but not limited to, promotional or marketing material) by PCSS or its employees or agents relating to this Agreement or its subject matter, or including the name, trade name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. PCSS shall not represent directly or indirectly that any services provided by PCSS to City hav~ been approved or endorsed by City or include the name, trade name, trade mark, or symbol of City on a list of PCSS' customers without City's express written consent. (g) Labor. PCSS shall comply with any labor jurisdictions applicable to PCSS' performance pursuant to this Agreement and shall cooperate with City in resolving any disputes 'resulting from any jurisdictional or labor claims or stoppages. Upon request by PCSS, City shall provide to PCSS clarification and guidelines regarding relationships with labor and PCSS' responsibilities with respect thereto. (h) Notices. Wherever one party is required or permitted to give notice to the other pursuant to this Agreement, such notice shall be deemed given when delivered in hand, when mailed by registered or certified mail, return receipt requested, postage prepaid, or when sent by a third party courier service where receipt is verified by the receiving party's acknowledgment, and addressed as follows: ,, t ... . •' • • -- 0 -I n -~- In the case of City: City of Englewood, Colorado 1000 Englewood Parkway Englewood, Colorado 80110-2373 Attention: Tamara Wolfe, Court Administrator In the case of PCSS: Professional Computer Software Services, Inc. 909 Wesley Court SuiteC Boiling Springs, South Carolina 29316 Attention: Gary Ownbey Either party may from time to time change its address for notification purposes by giving the other party written notice of the new address and the date upon which it will become effective; first class, postage prepaid, mail shall be acceptable for provision of change of address notices. (i) Force Majeure. The term "Force Majeurc" shall be defined to include fires or other casualties or accidents, acts of God, severe weather conditions, strikes or labor disputes, war or other violence, or any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency. (i) A party whose performance is prevented, restricted, or interfered with by reason of a Force Majeure condition shall be excused from such performance to the extent of such Force Majeurc condition so long u such party provides the other party with prompt written notice describing the Force Majeure condition and takes all reasonable steps to avoid or remove such causes of nonperformance and immediately continues performance whenever and to the extent such causes are removed. (ii) If, due to a Force Majeure condition, the scheduled time of delivery or performance is or will be delayed for more than thirty (30) days after the scheduled date, the party not relying upon the Force Majeure condition may terminate , without liability to the other party, this Agreement or any portion thereof covering the delayed services. (j) Severability. If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both parties shall be relieved of all obligations arising under such provision, it being the intent and agreement of the parties that this Agreement shall be deemed amended by modifying such provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, another provision that is legal and enforceable and achieves the same objective shall be substituted. If the remainder of this Agreement is not affected by such 9 ' • • • • CJ declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by applicable law. (k) Waiver. Any waiver of this Agreement or of any covenant, condition, or agreement to be performed by a party under this Agreement shall (i) only be valid if the waiver is in writing and signed by an authorized representative of the party against which such waiver is sought to be enforced, and (ii) apply only to the specific covenant, condition or agreement to be performed, the specific instance or specific breach thereof and not to any other instance or breach thereof or subsequent instance or breach. (I) Remedies. All remedies set forth in this Agreement, or available by law or equity shall be cumulative and not alternative, and may be enforced concurrently or from time to time. (m) Survival of Terms. Termination or expiration of this Agreement for any reason shall not release either party from any liabilities or obligations set forth in this Agreement which (i) the parties have expressly agreed shall survive any such termination or expiration, or (ii) remain to be performed or by their nature would be intended to be applicable following any such termination or expiration. (n) Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that this Agreement does not grant to PCSS an exclusive right to provide to City any or all of the services. PCSS agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to PCSS prior to or during the term of this Agreement shall not constitute commitments. (o) Governing Law. THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL NOT BE GOVERNED BY THE PROVISIONS OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. RATHER THESE RIGHTS AND OBLIGATIONS SHALL BE GOVERNED BY THE LAWS, OTHER THAN CHOICE OF LAW RULES, OF THE STATE OF COLORADO. VENUE FOR ANY ACTION ARISING UNDER THIS AGREEMENT OR FOR ENFORCEMENT OF THIS AGREEMENT SHALL BE IN THE APPROPRIATE COURT FOR -ARAPAHOE COUNTY, COLORADO . (p) Entire Agreement. This Agreement, together with the License Agreement and the Professional Services Agreement, constitute the entire and exclusive statement of the agreement between the parties with respect to its subject matter and there arc no oral or written representations, understandings or agreements relating to this Agreement which are not fully expressed in the identified agreements. This Agreement shall not be amended except by a written agreement signed by both parties. All exhibits, documents, and schedules referenced in this Agreement or attached to this Agreement are an integral part of this Agreement. In the event of any conflict between the terms and conditions of this Agreement and any such exhibits, documents, or schedules, the terms of this 10 ·40 ... • • Agreement shall be controlling unless otherwise stated or agreed. Any other terms or conditions included in any shrink-wrap license agreements, quotes, invoices, acknowledgments, bills of lading, or other forms utilized or exchanged by the parties shall not be incorporated in this Agreement or be binding upon the parties unless the parties expressly agree in writing or unless otherwise provided for in this Agreement. IN WITNESS WHEREOF, PCSS and City acknowledge that each of the provisions of this Agreement were expressly agreed to and have each caused this Agreement to be signed and delivered by its duly authorized officer or representative u of the Effective Date. THE CITY OF ENGLEWOOD, COLORADO Printed Name: _________ _ Title:------------ Date: ------------ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney II PROFESSIONAL COMPUTER SOFfW ARE SERVICES, INC. By. ____________ _ Printed Name: _________ _ Title: ___________ _ Date:------------ Priority Problem Dacrlptioa Coda a- I Urgent Productioo is balled; end usencumot connect; daily busincu is ICVelely ~DO Worbround 2 High Softwueis openlioaal but a major coq,oaeat is not functioning ; physic:al data lolt; data inlqrity affected; DO . Worbnxmd 3 Modcnlc FIIDl:lioo is not operatingu expected but problem is not c:rilical; Worbnxmd exists 4 Low Coamctic, Documenwioa or GUI issue; operation is not advcnely affected; U10maly found OD screen, in a report or in Docwnentation 5 Enhance-Product meat Enhancement u Attachment 1 Priority Code Table Call Back Workaround or Fix 2 Business Hours COIISIIDt effort UDtil relief provided or until Problem reduced IO Low lllallll. Worbround or Fix provided within 8 B1llima Houn after iuitial notification. 4 Busincu Hours COIISIIDt efl'ort lllllil relief provided or until Problem reduced IO Low lllalul. Worbnxmd or Fix provided within 24 8--Hours after iuitial notification. 8 Business Hours Worbnxmd or Fix provided within diree (3) Business Days Two (2) Busincu Worbnxmd or Fix provided Days widiia 11m (10) Buainell Days Two(2) Eabllll'fflN!Df pn>vided Busincu Days widiia tbirty (30) BuaiDeu Days 12 R-audoa Finally resolved in next reauJarly ICbeduled Release. Finally resolved in next regularly ICbeduJed Releue. Finally-ivecl in next regularly ICbeduled Releue. Finally -ivecl in next regularly ICbeduJed Releue EIIN1111:eme111 provided wi1ll next ICbedulod Relllue Exhibit A Annual Support Charges Annual Application Support Projected Rates Basic Application Support for JEMS (20) Non-concurrent Users JMS (2) Non-concurrent users Due 1 year from original Acceptance Date of software : Support for 2003 -$17,000 Support for 2004-$19,550 Support for 2005 -$22,483 Support for 2006 -$25,855 Support for 2007 -$29 ,733 Additional charges may be incurred in the event that additional users are added to the agreement, at the rate of $330 per additional user. This would be at the current support rate that PCSS charges f~r all customers and identified at the time of change. 13 ExblbltB Recommended Environment Hardware The recommended environment includes the following hardware: server, dlent PCs, printers, network cabling, and network hubs or switches. The primary hardware component for the JEMS Installation is the JEMS server. This is the workhorse of the installation and must be dedicated to the task of running the JEMS Server application and SQL database software. There should be no other 3"' party software running on the server, and the server should not be performing functions such as a web server. Server hardware should accommodate the total number of UMnl. A suggested server has been recommended having 1 GB RAM, Single 1 GHz or greater processor, at least 40 GB of disk space (configured in a fault tolerant manner -RAID 5 should be avoided for the transaction log and temp database), and a tape backup drive is required along with a modern and phone line for remote diagnostics. JEMS can take advantage of nearly any printer that is avaUable via a network, but customers should use mainstream hardware such as HP LaserJet printers and print servers. JEMS requires TCl9/IP to be the network protocol ulffized. For optimum appllcallon performance, a 100 MB switched network Is required. For dlent hardware a minimum of 256 MB RAM, 800 MHz or greater processor, and at least 1 GB of disk space is recommended . As with other dient appllcationa, performance rl the application will increase with faster hardware and more memory. Software ooeratjng environment A Windows 2000 network environment is required. Windows 2000 Server ii required as the server operating system. The JEMS server requires Microsoft SQL Server 2000 • the database appllcallon. Also, pcAnywhere is required 81 a server application to faciltale remote trouble shooting and diagnostics on the JEMS appllcallon. One or more copies of Crystal Reports are required If the customer wishes to make any changes to the included reports . Also a backup appllcallon such 81 Veritas BackupExec or Computer Associates ARCServe is highly recommended to facilitate the backup of JEMS data. For the Client PCs, Windows 2000 Professional for the operatilg system and Microsoft Office are required . There should be no other 3"' party software running on the PCs which are to run the JEMS application as these applications may o-ite files or conflict with flea necessary for JEMS to function correctly. Backup and Recovery The JEMS application is a dienl/server applicallon that ii dalabaM driven . Recovery on the dlenl PCs is accomplished by re-lnstallng the dlent software from • CO muc:h • one would relnatall Microsoft Outlook or Word. Customers should make regular backups rl the JEMS ..,.,,.. Nightly full bac:kupe .. required to ensure the least amount of data loss. Recovery of the..,.,,. p.ograo1 can then be accomplilhed by ,~ • • restoring from this backup. Recovery of the database would be from an on disk backup or tape backup, and would be accomplished using the SQL Server recovery tools. -.... - COUNCIL COMMUNICATION Date Agenda Item Subject Case PUD 2002-01 University Homes Planned Unit December 2, 2002 11 bi Development -2nd Reading - Amended INmATEDBY STAFF SOURCE David M. DiPane Tricia Langon, Senior Planner 1906 13"' Street, Suite 203 Boulder, Colorado 80302 PREVIOUS COUNCIL ACTION Council accepted public testimony on the proposed University Homes Planned Unit Development at a public hearing on November 4, 2002. On November 18, 2002 Council considered the proposal and amended the proposed maximum building h e"ght of 32 feet to "30 feet with a minimum 4/12 roof pitch". The applicant has amended the PUD District Plan accordingly. RECOMMENDED ACTION Staff recommends that Council approve the amended proposal for the University Homes Planned Unit Development with the following conditions: 1. A Homeowner Association shall be formed and documents pertaining to the Association be filed against all properties with the Arapahoe County Clerk. 2. A recorded copy of the Homeowner Association document shall be provided to the City. CRITTRIA FOR APPROVAL In approving a Planned Unit Development, City Council must find that the proposed PUD meets five criteria. The criteria and findings follow: 1. The PUD District Plan is, or is not. in conformance with the District Plan requi,ements and the Comprehensive Plan . The proposed University Homes PUD is in conformance with the applicable requirements set forth in Section 16-4-15 : E 3 e PUD District Plan . Further, it is consistent with the 1979 Comprehensive Plan , which identifies the subject property as low density residential. A cou rse of action stated in the Plan suggests that within residential neighborhoods "The lot area, lot coverage and setback requirements should be made more flexible to permit more innovative development and better use of the land.# 2 . All required documents, drawings, referrals, recommendations, and approvals have been received. All appropriate documents concerning the proposed University Homes PUD have been re ceived and approved. • t .' • • 3. The PUD District Plan is consistent with adopted and generally accepted standards of development in the City of Englewood. The proposed PUD District Plan is consistent with accepted development standards established by the City of Englewood as oudined during the pubic hearing. 4. The PUD District Plan is substantially consistent with the goals, objectives, design guidelines, policies and any other ordinance, law or requirement of the City. The proposed University Homes PUD District' Plan is in conformance with all other ordinances, laws and requirements of the City. • 5. When the PUD District Plan is within the Englewood Downtown Development .Authority (EDD.A) area, the Plan is consistent with the EDD.A approved designs. po/ides and plans. This criterion is no longer applicable to PUD consideration. FINANCIAL IMPACT: The City would realize increased property tax revenue based on the assessed value of four new homes compared to the value of the vacant parcel. UST OF AITACHMENTS Bill for Ordinance • (As amended) Exhibit A -(As amended) QIDIHANCBNO. _L fflilIEs OF 2002 BY AUTHORITY COUNCIL BILL NO. 54 IN1RODUCED BY COUNCIL MEMBER WOLOSYN AMOIDINANCB APPllOVINO nm UNlVBllSllT BOMBS fLANNIID UNIT · 'I DEVELOPMENT (PUD) AT 3055 SOUTII UNM!.tmTY BOULEVARD IN THE CITY Off" f-NOLBWOOD, COLORADO. WHEREAS, David M. DiPane, owner of the property at 3055 South University Boulevard, Englewood, Colorado, submitted an application to build a group of four homes on a vacant parcel of land in the area bounded by South University Boulevard on the cast, East Danmouth A venue on the South, East Dartmouth Place on the west and the Englewood/Denver Boundary on the north; and WHEREAS, the Planning and Zoning Commission opened public hearings and took testimony on the subject property which is zoned R-1-A Single-Family Residence District; and WHEREAS, the Commission requested clarifications to the District Plan verbiage and additional information regarding site drainage; and WHEREAS, the applicant also submitted an application to subdivide the property contained in the Planned Unit Development/ and WHEREAS, the Commission recommends approval of this Planned Unit Development with conditions; and NOW, THEREFORE, BE rr ·ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~-The Planned Unit Development, attached hereto as Exhibit A, for property numbered 3055 South University Boulevard, in the City of Englewood, Colorado, is hereby approved with the following conditions : I . A Homeowner Association be formed and documents pertaining to the Association be filed against all properties with the Arapahoe County, Colondo, Cleric and Recorder. 2. A recorded copy of the Homeowner Association document be provided to the City of Englewood, Colorado . Introduced, read in full , and passed on first reading on the 7th day of October, 2002. Published as a Bill for an Ordinance on the I Ith day of October, 2002 . Public Hearing was held on November 4, 2002. -1- • • Read by title, amended , and passed as amended on the 18'" day of November, 2002. Published in full as amended on the 22 .. day of November, 2002. Read by title and passed on final reading on the 2 .. day of December, 2002. Published by title as Ordinance No . ___ , Series of 2002, on the 6'" day of December, 2002. Beverly J. Bradshaw, Mayor ATI'EST: Loucriahia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Enslewood. Colorado, hereby certify the above and foregoing is a ll'UC copy of the Ordinance, passed on final reading and published by title as Ordinance No. __ , Series of 2002 . Loucrisbia A. Bilis -2- (1 • [tlUlns) 2040 LawrenN St. Denwr, CO IOI05 ... ........... , .... _ UNIVERSITY HOMES PLANNED UNIT DEVELOPMENT - DISTRICT PLAN SITE N I VICINl'J)' MAP ... I! I! I!! I I 11,··-r·-i ! t-·,··+-t··t··t ·t··t··+-~ I ~-·+··~ I ~~~~--_L_J_~--L::1=-)J f-+-j j +TT.) i TT~TITTl I -t-i j . . =~ -i --1----+ --~ •i -+-~ _ -· 0 1~ MU.I~ 1 j; +··~ --~ ~~ ~:~ J''l -t-_ ··~ I _ 3 L_I__ -~-1 ~~~- T TT ~ TTl l [:rJ i t~b -1J_fj Tl! ~---~----~ i ~ I f PROJECT AREA MAP •ft. PROPOSED CON5nUCTION SCHEDULE ·-..... ~· -· PUD DEVELOPMENT SUMMARY ,'lit,·-..~, •c•-4-""! Aq- ~C..i C't!C!: .. ·:.~ .:r hi":'"":' ,!:•.1 ... w.o·• ..... ,. .. c:., e•),,I ~, ..... .,., 6."!,i..•' . ...... •=ti;,, ...ott ~E •»-L lll&C£,C:t: NC~~-··~ J.,· -r• . .;• '• •::,•--· •i, ...:,c,-.,.,•a-c:~ •·•~ -~-.-... ~ e"'IV:r ,. .. 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EAST ALTA LAND TITLE SURVEY PART OF LOT 1 BLOCK 2, HAMPDEN HILLS BAPTIST CHURCH SUBDIVISION LOCATED IN THE NE1/4 SEC 35, T4S, R68W OF THE 6TH P.M ., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO .... i....-...... - z ::, I :c • ._ i ::, . 0 l Vl DARTMOUTH AVENUE • 11.ow N01[S C01110CSP010NC TO 504COUU: e, ._ ---·----~-""'°' ............. CMIICII..__._ --u a....~-:-.a:r.::E~E.P.E~.~.::-:r~ .... ,. .. ----II, r.r.---:-.·.:r..':-::"~:.; :.:·:.=i:a.: ~~-,,. -- IIOMM[NT TA81.E ~-: ·-VI-----, r:a'rliilf-... ~-.Z't'io.....,_ wr.1'".e- PltOPCIIT'f D(5C111Pll0N ,,__ 9' Ula WU-. ca.w, ---. ......... _., .•.. , •-...... --...... .,,a\. MM'-- ..... 1/1 ..... ., l'!l.'A.'VJIII-· ~.,,. .... _ 1':2r°tf'al&1 ~~u=-1':Sr.,..,, ·~-'l'.¥'6A:r ,;u T :I:.'::'. - 0 (. COUNCIL COMMUNICATION Date Agenda Item December 2, 2002 11 b Ii INfflATEDBY City Manager's Office Subject Ordinance approving a purchase option agreement for the Skerritt House with Colorado Preservation, Inc. STAFFSOURa Michael Flaherty, Assistant Oty Manager COUNCIL GOAL AND PRMOUS COUNCIL ACTION In 1999 City Council authorized the purchase of the Thomas Skerritt House and the surrounding four IOIS In order to preserve this historical site. The 0ty also funded an environmental assessment of the building and a civil survey of the property. The City has also received a Colorado Historcal Fund a srant for to conduct a historical assessment of the property, which has been completed, and a second grant to stabilize the structure, which has been delayed. The purpose of this ordinance is to aHow Colorado Preservation, Inc. (CPI) the opportunity to assist the Oty in finding a third party to acquire the property, by April 1, 2003, and complete the rehabilltatlon of the Skerrltt House and put it into productive use based upon the schedule provided. RECOMMENDED ACTION Staff recommends Council approval of the ordinance approving this ..-,.ent.. IACkCiROUND The City purchased the Skerritt House In order to preserve the bulclng • an hatorical lite. The Oty WIii successful in securing grants from the Colorado State Hlltorial Fund for a hatorical ••ment revl9w and for stabilization of the structure. However a number of factors. Inducing Mrloul erwlro11me11tll problems and damages to the structure and 11s mechanical systeml, have raull9d In the colll for Nhablltallon of the structure having increased to the point that it is not realistic for the City to fund thole colll In a period of declining capital fund revenes. After considering options for the property, inc:luclnt demolllion of the structure, CPI submitted an option to purchase the Sbnla House that would allow CPI to market Ille property to third parties that would purchase and rehablltate the SCNcture for a 1M pemlllled under the current R-3 zoning. CPI would assist the pun:haser to secure funclns, lnduclns the polllble lranlfer of the City's grant from the State Historic Fund for stabllizati<>n of the llrUClure. CPI would allo lmpoM an easement on the property that would requn the rehabillt.atlon to meet applcable lllndardl for rehabilitation of historic Sll'UCtUres. If CPI is unable to ac:illtate a sale to a thwd party willlln Ille oplion period, the City would retain ownership FINANCIAL IMPACT The agreement requires a non-refundable payment of $500 from CPI for the option to purchase, which will be applied to the purchase price if a sale is finalized. The agreed upon sale price for the property is $60,000. If a sale is not facilitated by CPI, the City will retain ownership of the Skerritt House. The cost to the City for maintenance during the option period will be limited to electrical utilites and routine maintenance only and should be covered by the $500 option payment LIST OF ATTACHMENTS Council Bill for an Ordinance Option to Purchase Agreement ~CENO. ~ESOF2002 BY AUTHORITY COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER WOLOSYN WHEREAS, in 1999, City Council authorized the purchase oftbc Thomas Skerritt House and the surrounding four lots in order to preserve this historical site; and WHEREAS, the City was succ:cssful in securing grants fiom the Colorado State Historical Fund for an historical assessment review and for stabilization of the structure; and WHEREAS, a number of facton , including serious cnvironmcntal problems and damages to the structure and its mechanical systems, have resulted in the cost for rehabilitation of the structure having increased to the point that it is not realistic for the City to fund those costs; and WHEREAS, after considering options for the property, including demolition of the structure, Colorado Preservation, Inc. -CPI submitted an option to pu."Cbue tbc Skerritt House that would allow Colorado Preservation, Inc . to market the property to third parties who would purchase and rehabilitate the structure for a UIC permitted under the current R-3 zoning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scctjon 1. The City Council of the City of Englewood, Colorado, bcrcby approves the Option to Purchase with Colorado Preservation, Inc. -CPI. Section 2. The Mayor is authorized to sign and the City Clcrlt to attest said Option to Purchase for and on behalf of the City of Englewood, Colorado. Introduced, read in full and passed on fint reading on the 18111 day of November, 2002 . Published as a Bill for an Ordinance on the 22•d day of November, 2002 . Read by title and passed OD final rcadin& OD the 2•• day of December, 2002. -1- Published by title as Ordinance No . __ , Series of 2002, on the 61h day of December, 2002 . ATTEST: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of che City of Enalewood, Colorado, hereby certify that the above and forcgoina is a true copy of che Ordinance passed on 6nal reading and published by tide as Ordinance No . _, Series of 2002 . Loucrisbia A. Ellis -2- • OPTION TO PURCHASE REAL PROPERTY FOR HISTORIC PRESERVATION 0 . OPTION given this __ day of January, 2003, by City ofEnpewood, hereinafter referred to as the Owner," to the COLORADO PRESERVATION, INC. -CPI, a nonprofit corporation organized under the laws of the State of Colorado and having its principal offices in Denver, Colorado, hereinafter referred to as the "Optionee". WITNESSETH: 1. GRANT OF OPTION. In consideration of a sum of five Hundnxl Dollan (SS00.00) and other good and valuable consideration, the Owner, for iuelf and its assigns, has given and does hereby give the Optionee the exclusive option to purchase, upon the terms and conditions hereinafter set forth, the real property, including the existing residential building (the "Building") and garage and any other improvements thereon, described as follows (the "Premisesj: Lots 14 thru 17, inclusive, Block 6, Skerritt's Addition to Englewood, Third filing, County of Arapahoe, State of Colorado Also known as and numbered Skerritt House 3S60 S. Bannock Street, Englewood, Colorado 80110 2. EXPIRATION DA TE. This Option shall expire the first day of April. 2003 . 3. ACCEPT ABLE TITLE. Owner warrants that the tide to tbe PremiMs ii, and on tbe clolina of the transaction contemplated by this Option, in tbe event Optionec elecu to purc:bue tbe Premises, will be free and clear of all liens and encumbrances, except real property taxes and assessments for the current year, and covenants and resuictions of record. lftbe evidence of title resulting from a title search discloses any defects in liabt of and pursuant to tbe beRin staled warranty , the Owner shall have twenty days after receipt of nocification of sucb defects to cure said defects and to provide to Optionee written certification of such cure . If tbe Owner fails to cure any such title defects within such twenty-day period, the Opcioaec shall have tbe riabt to terminate this Option by written notice to the Owner. 4. METHOD OF EXERCISE. This Option may be exercised by tbe Oplionee by dcliveriq to City Manager 's Office, City of Englewood, 1000 EnaJewood Parkway , En,lewood. Colondo 8100 I, not later than the date set forth in Paragraph 2, a written nocice stabJ11 that tbe Opcioaec exercises the Option and fixing a date for the conveyance oftbe PremiMs to tbe Opcionee, wllich date , hereinafter called the closing dale, shall be not less than five nor more dim lixty days after the delivery of such notice . 5. PURCHASE PRICE. If the Option shall be duly exm:ited as provided in Pan,npb 4, Owner agrees to sell to Opcionee and Opcionee agrees to pwdlue tbe pl'IIIUNI hm tbe Owner for a price of Sixty Thousand Dollars ($60,000) as follows : Casll II daliaa ar lbon·llnD financin g to be arranpd. Opcionee 's obliplioa to purc:bue tbe Prlmila shall be IUbjec:t IO i1I recl"i pt of a commitment from a title insurance company accepuble to tbe Opcioaee. in tbe amount of the purchase price lpftiq lO insure tide IO tbe Pnmila ia Ille OpcioDee IUbjec:t oely to th e normal printed exceptions of such pol icy and the exccptiom rer...eoced ia ,_.... l above . ' .· .. .. • • 6. DELIVERY OF DEED AND POSSESSION. The Owner shall execute, acknowledge and deliver to the Optionee, on the designated closing date , a good and sufficient general warranty deed conveying the Premises to the Optionee. 7. ADJUSTMENTS. The following shall be prorated as of the date the purchase price is paid : real property taxes and assessments for the current tax year. 8. ENTRY ON PREMISES. The Optionee, its agents or assigns, shall have the right, so long as this Op ton remains in effect, (a) to market and advertise the Premises for sale at a purchase price of not less than Sixty Thousand Dollars ($60,000), and (b) to enter in and upon the Premises, after giving reasonable notice to the owner of the date, time and purpose of such entry, to enter in and upon the premises described in Paragraph 1 for the purpose of making surveys and other appropriate purposes needed for the evaluation and showing the Premises, subject to requirements of two environmental reports entitled "Asbestos and Hazardous Material Survey for : Skerritt House 3.560 South Bannock Street Englewood, Colorado " prepared for the City of Englewood by Major Environmental Services, 100 Gerfield Street, Suite 200, Denver Colorado, dated January 2000 and "May 2002 Limited Biological Growth Survey of: Skerritt House, 3.560 South Bannock Street, Englewood, Colorado Prepared by: Major Environmental Services, Inc. P.O. Box 16662, Golden, CO 80402", which reports are in the possession of CPI and are on file with the Englewood City Clerk's Office. The Optionee shall assume responsibility for any risk of injury to its agents, assigns or invitees entering into the Building for any mison, including environmental hazards . During the term of this Option, Optionee hereby indemnifies and agrees to hold Owner harmless from any claims, obligations or liabilities resulting from Optionee's entry on the Premises. 9. INSURANCE. Optionee shall, during the Option, keep in full force and effect a policy of commercial general public liability insurance with penonal injury and property damaae liability limits in amount not less than S 1,000,000. The policy shall name Owner as an additional insured and shall contain a clause that the insurer will not cancel or change the insurance without tint giving Owner ten (10) days prior written notice. The insurance shall be isluod by an insurance company qualified to do business in Colorado, and a copy of the policy or evidence of insurance, in fonn approved by Owner, shall be delivered to Owner within thirty (30) days of the execution of this Option . 10. ACCEPTANCE OF ENVIRONMENT AL RISKS. The Optionee acknowledges disclosure of environmental hazards on the premises as described in Exhibits A and 8, the two reports de scribed in paragraph 8 above, including asbestos, lead paint, and mildew or mold • listed in Exhibits A and 8 . Optionee agrees that if shall assume all risks to Optionee or its invitees and agrees to indemnify the Owner for any damages suffered by Owner as a result of persons being pennitted upon the premises by the Optionee . 11. FAILURE TO EXERCISE. If this Option is not exercised, the Owner shall retain all of the consideration given for it. 12. RISK OF LOSS. Risk of loss or damage by fire, vandalism or ocher casualty prior to pa yment of the purchase price shall remain with the Owner, except for any damqa c:aUICd by the Optionee, its agents or its Invitees or assipees plnUUlt to this qreemenL 1111d in the event of any such loss or damage to the Building prior to payment of the purchuc price. the Optiooee may. by written notice to the Owner, tenninate the Optionee's obligation to purchuc the Premi ses. -2- t .. • .· • • 13. ENTIRE AGREEMENT. This Option constitutes the entire agreement between the parties. No representations, warranties, or promises pertaining to this Option or any property affected by this Option have been made by, or shall be binding on any of the panics, except as ex ressly stated in this Option . This Option may not be changed orally, but only by an agreement in writing signed by the pllrties against whom enforcement of any such change is sought. 14. WARRANTEES OF OWNER. Owner hereby warrants and represents to Optionee as of the date hereof and will warrant and represent as of the date of the exercise of this Option by Optionee and as of the closing date that: ( a ) There are no legal actions, suits or administrative proceedings, including, but not limited to, condemnation cases, pending or threatened, against the Premises or against Owner with respect to the Premises, and Owner is not aware of any facts which may result in any such action, suit or other proceedings. ( b ) Marketable fee simple title to the Property is fully vested in Owner. Owner is duly authorized and empowered to execute this Option and neither execution hereof, nor the sale of the Premises pursuant to this Option, will result in any breach of, or constitute a default under, any contract or other agreement to which Owner is a party. ( c) Owner has disclosed to Optionee all information known by, or in the possession of the Owner regarding the condition of the Property, including, but not limited to, the presence of and location of asbestos, PCBs, toxic, hazardous or contaminated substances and underground storage tanks in, on or about the Property. 15. DEADLINE FOR REHABILITATION. If this Option is exercised, and the Premises is purchased by the Optionee, the Optionee, its agents or assigns shall comply with the following schedule for rehabilitation of the Building: (I) By September 30, 2003, complete stnlCtural repain to the Building and paint the exterior, to the extent required by the State Historical Fund Orant attached hereto ' as Exhibit C. (2) By December 31, 2005, complete all interior and exterior work needed to make the Building sµitable for residential occupancy. Before rehabilitation work is begun, the Optionee shall photograph all exterior sides of the Building, and all interior walls and trim in order to document the appearance, configuration, and condition for said Building prior to rehabilitation. The covenants in this Paragraph shall be binding upon the successors and usips of Optionee, including any purchaser of the Premises from Optionee, and Optiooee shall, ifso requested by Owner, record a Notice of Covenants against the Premises aivina notice of the requirements of this Paragraph 15, provided the form of such requested Notice of Covenants is pven by Owner to Optionee at least thirty days before tile expiration date of this Option. Notbin& in this Paragraph I 5 shall prohibit or prevent Optionee from requirin& additional covenants or apccments, not inconsistent with this Paragraph, in favor of Optionee from any purchaser of the Premises from Optionee . 16. EASEMENT AGREEMENT. If this Option is exercised by the Optiooee, the Optioaee agrees that, not later than ten days after the closina of its purdl8lc of the Premises, it will emer into an Historical Preservation Easement Apeement, lllbmorially in the fonn of Exhibit C attached hereto , with the Colorado Historical Foundation; provided howevs, lbll ()pacmN'a obligation to execute s uch an Historical Preservation Easement Apeement shall be lllilfied if. .). • • within ten days after such closing, a third party purchaser shall have pun:based the Premises from the Optionee and shall have executed such an Historical ~ation Euement Agreement with the Colorado Historical Foundation. 17. RECORDING/MEMORANDUM OF OPTION. AtOptionee's discretion, either this Option or a memorandum thereof ("Memorandum of Option; shall be recorded in the real property records of the Clerk and Recorder of the County of Arapahoe, State of Colorado. 18. NOTICES. Any notice or demand under this option shall be sent by rqistered or certified mail as follows : City Manager, City of Englewood, 1000 Englewood Parkway, Englewood, CO 80110, on behalf of the Owner; or Colorado Preservation, Inc ., 1900 Wazee Street, Suite 360, Denver, CO 80202, c/o Mark Rodman, on behalf of the Optionee. Any DOCice or demand so sent shall be deemed effective on the date of actual delivery, or tint attempted delivery, • lhown on a return receipt issued by the Post Office. Any such nocic:e or demand may also be penoaally delivered to the offices indicated above, which shall be effective upon such delivery, or may be telecopied to the Owner at 303-783-6892 or to Optionee at 303-893-4333, wbicb shall be effective upon the receipt of such telecopy provided a c:ontinnarory copy of such telecopy is also mailed to the recipient on the same day. 19. BENEFIT. This Option shall inure to the benefit of, and shall bind, the heirs, successors and assigns of the respective parties. CITY OF ENGLEWOOD, COLORADO ATTEST: Beverly J. Bradlbaw, Mayor Loucrishia A. Ellis, City Clerk COLORADO PRESERVATION, INC . President STATE OF COLORADO ) ) ss . COUNTY OF ARAPAHOE ) The foregoing Option to Purchase Real Ptopeny for Hisloric PNacrvalim baa bem signed before me by • Praidmlt and ______ _, as of COLORADO PRESERVATION, INC., this __ day of ------· 200_. My Comm issi~ expires ___ _ AVE. ..... (00) - --- ·~ ""' I I I I I icl l I i I ! ··- ',, , ... , .. ..... ,t ~!!!!~---: ;')'*'.-..:;.:----! : :·--·-Joo,:_-! :·;.;-;;.;~ .·--------.., , ____ .., ____ , :.-----... -I : .; -------!,'! '--.&I.--,. • ' .. • • -- .. .••• '"'.•I' ' . · .•. , .. .. ... ;"' . . ... • ... ~ \, U('f Of 1'1£ ,{0('11111'£5'1 J/f Of .S£C'TIM(. J, '101t,{S1llf S S0flf11, U,{9£ U 'Wt:S'I', Of f11£ '111. UI. ttl,[q AL.fO Ut 'I' Of tLOC( ,, SU:(U'l''l''S AfJfll'l'IO,[ '10 t:(§L£'W00f), '11110, f I LI,{_§, COflf(.'fJ Of AUU1'0t:, .Sf.ll'ff: Of COLOUf>O Lift£ H,U!lf'l'IO!(: !1!9&!!!! ........ ,,. INC&lllw&. •tae• •. r.t..-r:·J =:.:~.\-:i'l:...,.=::·"" :r.:;i t:::.r.mu·-=·:i.-·• ...... ·--.......................... . !WI J!f..tuui11:. I ....... IIIC r# ............... I/• ef ICU .... I I_N...._ • lwhe. I_ ==.ii. IIC 1111 -II •• 11..C I H'NU',: Mid&• I..C ,... .. ................. ...,," .... Al., ......... ,,,, ill I.C.I.... ct• ........ _ ... NO •·•Uhl. )ll(t, I QI 1), ..... ltttt .... c...., ..... '*-... ___ _ ..... --. ... - .............. --·---·--- ii ........ ., ...... o ••• co, ...... , .... ,, •• , ,,, •• ,, • . .I -lln.unoNNO. -• SERIES OF 2002 A tll8l.onoN ADOPTING A TWINTY-l'IVB DOU.MADMINIITIA11VI PEE FOil I NEW SALES TAX LICENSE APPLICATIONS. - WHEREAS, the City of Englewood bu experim:ecl a reduction in rcvcnues duriq the current economic downturn reaulting in a reduction oflllldesipared/u fund balance; and WHEREAS, to par1ially oftiet the adminillrative COiia of illuina salea tu licenses, a S2S.OO fee for new lic:eme applic:ationa is beiDa ldopfed. NOW, THEREFORE, BE IT RESOLVED THAT: ~-The City Council of the City ofEqlewood bcnby adopCs Ill adminislrative fee of twenty-five dollan (S2S.OO) for each new salea tu 1iceme applicalion.. 11lis fee lball become efl'ective J111uary I, 2003 . ADOPTED AND APPROVED this,_-day of December, 2002. Beverly J. Bradlllaw, Nayar ATTEST: Loucrishia A. Ellis, City Clat I, Loucrishia A. Ellis, City Clerk for the City of En,lewood, Colorado, bcnby certify the above is a true copy of Resolution No._, Series of2002. Loucriabia A. Ellil Date December 2, 2002 Initiated By COUNCIL COMMUNICATION Agenda Item Subject Resolution Adopting a $25.00 Administrative Fee For New Sales Tax License Applicants Effective anua 1 2003 Staff Source De artment Of Finance and Administrative Services Frank G ewicz Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2002 Budget and Goals setting meeting on June 1, 2002. A preliminary review of the budget was done on September 9, 2002. City staff submitted the budget to the City Council on September 13, 2002. A public hearing regarding the Proposed 2003 Budget was held on September 16, 2002 and continued to October 7, 2002. The operating budgets and Multiple Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on September 28, 2002, and follow-up of changes and other proposals was done at a study session on October 7, 2002. City staff met with members of the Alliance for Commerce in Englewood (ACE) on October 10, 2002. Members of ACE voted to approve the proposal with a review in the future. RECOMMENDED ACTION Staff recommends Council approve the attached resolution adopting a $25.00 administration fee for new sales tax licenses effective January 1, 2003. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has experienced a reduction in revenues during the current economic downturn resulting in a reduction of undesignated/unreserved fund balance. To partially offset the administrative costs of issuing these licenses a $25 .00 fee for new license applications is being adopted. FINANCIAL IMPACT The City receives about 40 license applications per month, which require a varying degree of administrative effort. The total fees collected in 2003 are estimated at $12,000. LIST OF ATTACHMENTS Proposed resolution t .. • • COUNCIL COMMUNICATION Date December 2, 2002 INmATED BY: Agenda Item 11 C ii Community Development Subject A Resolution Approving FY2003 Community Development Block Grant Application .. STAFF SOURa: Janet Grimmett. Housing Finance Specialist COUNCIL GOAL AND PRMOUS COUNCIL ACTION Housing and Community Development Previous Action: City Council has approved resolutions to file Community Development Block Grant (CDBG) applications annually since 1977. The City Manager has approved participation in the Arapahoe County CDBG Entidement Program for funding years 2001 through 2003 by the execution of Amendment Number Two that extended the Intergovernmental Agreement. Ordinance #39, Series of 1994, approved by the City Council. RECOMMENDED ACTION Staff recommends that Council approve a resolution authorizing staff to apply for the City of Englewood's portion of fiscal year 2003 Community Development Block Grant (CDBG) funds and to apply for CDBG non-jurisdictional funds. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The U . S. Dept. of Housing and Urban Development (HUD) CDBG Entidement Program provides grants to units of local government and urban counties to meet housing and community development needs . The objective of the program is to enhance urban communities by providing: • decent, safe, affordable housing; • improved infrastructure; • public facilities and services ; • economic opportunities. Federal Program objectives are achieved through projects developed by local governments that primarily benefi t low and moderate income families or that aid in preventing or eliminating slum or blight The request for funds may also include activities that meet other urgent development needs in c ommunitie s. Local governments determine which activities best serve the objectives of the program . • • Funds are appropriated annually by the Congress for the CDBG program and are allocated by statutory formula to each entitlement area. Arapahoe County is an approved entitlement area . The grant funds are currently distributed to participating cities within Arapahoe County on a flat rate based on each jurisdiction's poverty population based on 1990 census information. The participating jurisdictions are the Oties of Englewood, Littleton, Sheridan, Glendale, Deer Trail, Centennial, and Greenwood VHlage plus unincorporated Arapahoe County. The funding level for Englewood for FY2003 is anticipated to be $150,000. An additional non-jurisdictional pool of funds of $400,000 to $500,000 is also available for projects that benefit persons living in any part of the county. The City of Englewood must submit an application in order to receive its set-aside of $1 50,000 from the FY 2003 Arapahoe County CDBG Program. Englewood's FY2003 program consists of three possible projects that meet current housing and neighborhood needs. All projects are subject to additional review by City staff, Arapahoe County CDBG administrators and the County Commissioners. The listed projects and funding levels may change. FY2003 CDBG funds will be requested for the following projects: 1) $25,000 for the Housing Rehabilitation Project that provides loans to low· income homeowners to finance the costs of major household repairs and improvements; 2) $50,000 for a third-year request to assist with staffing needs for the House of Hope Family Resource Center; 3) $75,000 for a neighborhood revitalization •paint-up/fix-up• project designed to improve the visual appearance of a targeted area in a ICMMncome residential neighborhood. A fourth application to the non-jurisdicti~ pool of CDBG funds will be made for $100,000 to fund a sidewalk replacement project along Bates Avenue from Broadway to Bali Street This application is separate and outside of the City's allocation of FY2003 funds. This project is being coordinated with the Public Works Department FINANCIAL IMPACT Existing Community Development staff administers the proposed projects. Staff salaries and benefits represent the City's participation in the projects. The CDBG applications wil budget approximately $15,000 of funding to offset salaries and benefits. LIST OF AlTACHMENTS Proposed Resolution IU!SOLtmON NO.~ SERIES OF 2002 RESOL TION BY THE CITY OF ENOLl!WOOD AUTHOIUZINQ THE CITY Of f ENGLEWOOD, COLORADO, TO Fll.E AN APPUCAmN WITH AltAPAHOE COUNTY 'f"OR A 2003 COMMUNITY DEVELOPMENT 81.Ca:Z OliANT. WHEREAS, the Englewood City Council has approved CDBG applications since 1977 and approved the execution of an Intergovernmental Agreement with the passage of Ordinance No . 37, Series of 1991, covering the City's panicipation in the Arapahoe County CDBG Entitlement Program for funding years 1992 through 1994; and WHEREAS, the Englewood City Council approved passage of Ordinance No . 39, Series of 1994, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering panicipation in the Arapahoe County CDBG Entitlement Program as extended by Amendment No. 2, for funding years 2001 through 2003; and WHEREAS , the Arapahoe County Community Development Block Grant Program provides grants to panicipating municipalities to meet housing and community development needs ; and WHEREAS, to compete in the Arapahoe County Community Development Block Grant Program, local governments must submit an application; and WHEREAS, the City of Englewood has received a notice of fund availability; and WHEREAS, the City of Englewood, Colorado desires to apply for these funds duougb the Arapahoe County 2003 Community Development Block Grant to fund the Housina Rehabilitation Program and neighborhood revitalization project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD , COLORADO, THAT : Section I, The City of Englewood, Colorado, is hereby authorized to file an application for an Arapahoe County 2003 Community Development Block Grant. ~-The Mayor and City Clerk are authorized to sign and attest all necessary forms , documents, assurances and cenifications for the Community Development Block Grant for and on behalfofthe City Council and the City of Englewood. ADOPTED AND APPROVED THIS 2"" day of December, 2002 . Beverly J. Bradshaw, Mayor ATTEST : Loucrishia A. Ellis , City Clerk .. ;' • • I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No ._, Series l>f2002. Loucrilhia A. Ellis COUNCIL COMMUNICATION Date Agenda Item Subject Final Plat University Homes December 2, 2002 11 C iii Subdivision INITIATED BY STAFF SOURCE David M. DiPane Tricia Langon, Senior Planner 1906 13"' Street, Suite 203 Boulder, Colorado 80302 Community Development PREVIOUS COUNCIL ACTION There has been no previous Council action concerning this matter. PREVIOUS PLANNING COMMISSION ACTION The Planning and Zoning Commission considered the Preliminary Plat of the University Homes Subdivision September 4, 2002 at a public hearing in conjunction with the University Homes Planned Unit Development The Commission voted to forward the Final Plat to City Council with a recommendation for approval. The vote was 7 to O in favor, with one absence and one abstention. RECOMMENDED ACTION Staff recommends that Council approve the Final Plat of the University Homes Subdivision and accept the proposed land dedication with the following condition : The effective date of the Resolution approving the University Homes Subdivision be the same as the effective date of the Bill for Ordinance approving the University Homes Planned Unit Development BACKGROUND The subje ct property is addressed as 3055 South University Boulevard and is located in an area bounded by South University Boulevard on the east, East Dartmouth Avenue on the south, East Dartmouth Pl ac e on the west, and the Englewood/Denver boundary on the north. The adjoin ing property to the south (Parcel A) is currently occupied by the Korean Emmanuel Methodist Church . The adjoining property to the west (Parcel B) is currently occupied by the Brown Mansion and is used as professional offices. The adjacent areas to the north and east contain single-family residential uses located within the City and County of Denver. These areas are zoned R-1, a zone classification similar to Englewood's R· 1-C district ANALYSIS Title 10, Land Subdivisions, of the Englewood Municipal Code requires tmt residentW property be subdivi ded through the Major Subdivision process when more tmn three (3) lots are created or when dedi cation of public right-of.way is required. .... t • • The subject property is a single, vacant residential parcel containing 44,938 square feet or 1.03 acres. The subdivision proposes to create four (4) residential building lots, Outlot A, and Tract A. The layout of the lots and outlot are consistent with the University Homes Planned Unit Development (PUD) rezoning previously considered by Council. Tract A was not part of that PUD and is zoned R-1-A Single-Family Residence District Tract A is established as a non-developable parcel of land. It is anticipated that Tract A will be purchased by an adjacent property owner and developed as part of the adjacent property. Lots 1 -4 range in area from 6,770 to 8,434 square feet Access to the lots from South University Boulevard will be via Outlot A, a private drive. Outlot A will be commonly owned by a Homeowners Association, as required by the University Homes Planned Unit Development rezoning. Maintenance of the private drive is the responsibility of the Homeowners Association. As part of the subdivision, a 12 feet wide public right-of.way, adjacent to South University Boulevard, is being dedicated to the City. This right-of-way will be used for public sidewalk. Installation and maintenance of the sidewalk, as well as landscaping within the right-of.way will be the responsibility of the Homeowners Association . The seven City departments and divisions comprising the Development Review Team reviewed the proposed subdivision. All identified development issues of the proposed subdivision have been resolved . Water and sanitary sewer service is available to the site. Electric, gas and communication utilities are available to the site and utility easements have been provided on the plat Drainage easements have been provided on the plat Additionally, a statement has been Included that the easements are to be maintained by the Homeowners Association and •no change or alteration affecting the hydraulic characteristics of the drainage easements will be made without the approval of the City's Public Works Department." The proposed subdivision Is consistent with the zoning standards established In the University Homes Planned Unit Development and with the Comprehensive Plan, which ldenllfles the site as part of a residential area. FINANCIAL IMPACT The proposed subdivision will result in increased tax revenues and development fees generated by future development of the four residential lots. LIST OF ATTACHMENTS Proposed Resolution Staff Reports : August 14 and September 4, 2002 Findings of Fact Exhibit A : Final Plat University Homes i, C T y 0 F ENGLEWOOD COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission THRU: FROM: Robert Simpson, Director, Community Development Tricia Langon, Senior Planner DATE: August 14, 2002 SUBJECT: Case PUD 2002-01 · Public Hearing University Homes Planned Unit Development Case SUB 2002-05 · Public Hearing University Homes Subdivision APPLICANT and PROPERTY OWNER; David M. DiPane 1906 13 ... Street, Suite 203 Boulder, Colorado 80302 PROPERTY ADDRESS; 3055 South University Boulevard CURRENT ZONE D1m1cr; R-1-A Single-Family Residence District LEGAL DESCRlmON; See Planned Unit Development District Plan. REQUEST; The applicant has submitted a Planned Unit Development application to rezone the property from R-1-A Single-Family Residence District to PUD. The applicant has also submitted an application to subdivide the property contained in the Planned Unit Development. PROCEDURE; Since information required and testimony necessary for both cases are parallel, the requests are being considered within a single hearing, but will require two motions . A decision on the Planned Unit Development must occur first, as this process creates the new zone district and establishes standards for lot aru. A decision on the subdivision of the land within the new district may occur only after IPP«)Val of the PUD. 1000 Englewood P~rl<w~y Enafewood, Colorado IOI 10 PHONE l0l-762-2J42 FAX lOl-~95 _.,... ..... t ... • • RECOMMENDATION: Case PUD 2002-01: The Department of Community Development recommends that the Planning and Zoning Commission approve the proposed University Homes Planned Ul'llit Development with the following conditions: 1. A Homeowner Association be formed and documents pertaining to the Association be filed against all properties with the Arapahoe County Clerk. 2. A recorded copy of the Homeowner Association document be provided to tbe City. Case SUB 2002-05: The Community Development Department recommends approval of the Preliminary Plat of the University Homes Subdivision and that the applicant be directed to submit a Final Plat for review. If the Commission requires no changes from the Preliminary Plat to the Final Plat staff recommends that the Final Plat be administrative."y reviewed and the application be forwarded to Council with a recommendation for approval. PROPERTY LOCATION: The subject property of the PUD is a vacant parcel of approximately .88 acres. The subjeoct property of the Major Subdivision is the above vacant parcel and Tract A, a .15 acre parcel. The site is located in the area bounded by South University Boulevard on the east East Dartmouth Avenue on the south, East Dartmouth Place on the west and the Englewood/Denver boundary on the north. The surrounding area in Englewood is zonina R-1-A . The adjoining property to the south (Parcel A) is currently occupied by the Korean Emmanuel Methodist Church. The adjoining property to the west (Parcel 8) is currendy occupied by a structure known as the Brown Mansion and is used as professional offices. The adjacent area to the north, within the City and County of Denver, is zoned R-1, a zone classification similar to the R-1-C district in Englewood. The subject property was annexed into the City of Englewood in 1946 and was zoned R-1, Residence District. In 1955 this area was rezoned to the current R-1-A duslflcation. In 1964, the subject property was subdivided as part of the Hampden Hills Baptist Church Subdivision. This subdivision included five lots on the east side of East Dartmouth Cirde and a large parcel at the corner of East Dartmouth and South University. In 1978 the large parcel was divided though a Subdivision Waiver into Parcel A and Parcel 8. Parcel B was further divided in 1982, creating Parcel C, which is the subject of these requests. When Parcel C was created with a 150 feet street frontage on South University Boulevard and a 15 feet street frontage on East Dartmouth Avenue. The 15 feet frontage crated a "flagpole" connection from East Dartmouth Avenue to the main body of Parcel C and was intended for ingress/egress and for utility access. The •flagpole· is not part of this PUO request and will retain the current R-1-A zone district designation. The •ftape,. wiU be identified as "Tract A", and is a non-developable parcel unless it is conveyed and combined with an adjoining parcel. 2 t . ., • • In recent years the site has been the subject of several development attempts including a rezoning to R-3 High Density Residence District to permit an assisted living facility, and a variance to R-1-A street frontage standards to permit a church and school facility. Both requests were denied . BACKGROUND A conceptual site plan for the University Homes Planned Unit Development was submitted for City comments in May 2001. A preliminary plan was presented at a neighborhood meeting on August 22, 2001, as required by the PUD Ordinance. The formal PUD application was submitted on May 14, 2002. The District Plan and the Site Plan have been combined and submitted as one document for concurrent review, as provided for in the PUD Ordinance. A preliminary subdivision plat, based on the PUD, was also submitted. ~ALYSIS; The Planned Unit Development is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a specific development proposal that may not be accommodated within the existing zoning scheme or development regulations. The PUD provides the opportunity for unified development control for multiple properties. The PUD is composed of a District Plan, which is the set of zoning regulations that will apply to the proposed development project. This District Plan is coupled with a Site Plan that specifies the general site design and requirements of the proposed development The Planning and Zoning Commission's purpose in this request is to focus on whether the proposed land use and zoning regulations are appropriate for this development and the community. Extraneous development issues, such as elevations, building and plant materials, are not part of this procedure. The University Homes Planned Unit Development proposes 4 single-family residential lots on a private drive accessed from South University Boulevard. Driveway accesses to lot 1 and Lot 2 and also Lot 3 and Lot 4 are proposed via an access easement on each lot The proposed lots will range from approximately 6,770 square feet to 8,400 square feet The private drive, identified as Outlot A, will be owned and maintained by the Homeowner Association , which is to be formed as a requirement of this PUD . Maintenance of landscaping in the public right-of-way and the sound wall is the responsibility of the Homeowner Association . The PUD District Plan establishes the zoning regulations for the new district The proposed use is limited to single-family residences with accessory structures. Home office, as an accessory use, is also proposed . Setbacks are established for each lot by a building envelope. The building envelope is the area in which development may occur; it does not mean that development will necessarily fill the envelope. The full envelope produces a lot coverage of approximately 42% for each lot. The envelope allows a 7 feet setback from any structure to the property lines on the north and south boundaries of the PUD . This is comparable to the minimum required side yard setback in an R-1-A district. The proposed height of structures is 32 feet 3 ' .... .. • • Access to the proposed lots will be by a private drive. This drive is not a public street and will not be maintained by the City. Parking on the private drive will be limited to the 3 park i ng spaces on the north side of the drive as indicated on the site plan. No parking is permitted on the south side of the drive. An area has been designated for snow storage so that snow is not plowed onto the public street. This area can be used for additional parking when not required for snow storage. Dedication of public right-of-way will occur on the Subdivision Plat to provide ~ deceleration and acceleration area at South University Boulevard. Electrical service is available from Xcel Energy and will be undergrounded. Additionally the electrical service line that serves the church property will be placed within a utility easement. The Public Works Department and the City of Denver's Engineering Services reviewed a Drainage Plan for the subject site. Drainage issues have been addressed and will be monitored in the development permit process. An intergovernmental agreement allows water service to be provided to the subject property by connecting to the Denver Water Department main in South University Boulevard . Sanitary sewer service is available by connecting to the Metro Wastewater Reclamation District line in South University Boulevard. The Oty of Englewood Water and Sewer Board have reviewed and approved the alternative water and sewer connections to agencies other than Englewood Utilities. A wall is proposed at a height of eight (8) feet along the South University Boulevard frontage . The proposed height exceeds the R-1-A standard that would be alowed at this location. Considering its purpose and that it meets traffic sight distance standards it is viewed favorable . Minimal signage identifying the development's name and property addresses is proposed. Proposed landscaping requirements on the private Lots 1 through 4 and within the public right-of-way are compatible with 16-5-26 : Landscaping Standards of the Englewood Municipal Code . The formation of a Homeowner Association is required as part of this Planned Unit Development request. The documentation will address such issues as maintenance of the pri va te drive, wall , landscaping and snow plowing. Further, the agreement must stipulate that any amendments to the original agreement mo be recorded and a copy provided tD the City. The agreement is a separate, private document and is not a part of the Planned Unit Development District Plan. However, a copy of the recorded document must be submitted to the City to be included in the University Homes PUD cue file. 4 ' • • DEPARTMENT AND AGENCV REVIEW; The City's Development Review Team reviewed the proposal with the following comments: Building and Safety : 1. No objections to rezoning issue. Engineering Services: 1. All work within the public right-of-way must be to City standards . Fire : (No final comments provided.) Community Development: Comments provided under Analysis (See above). Public Works: 1. Home Owner Association responsibilities need to be identified with respect to ownership and maintenance of Outlot A 2. Home Owner Association responsibilities need to be identified with respect to ownership and maintenance of the landscaping in the public right-of-way. 3. Provide Drainage Statement i.e.: ·No building or structure wiU be constructed in any Jrainage easement and no changes or alterations affecting the hydraulic characteristics of any drainage will be made without the written approval of the Director of Public Works of the City of EnglewOOO-(Note: this has been provided on site plan). Traffic : 1. OK for Traffic . Utilities : 1. Water and Sewer Board have reviewed and approved utility connections to agencies outside of the City of Englewood. NEIGHBORHOOD MEmNG SUMMARY; On August 22, 2001, property owner David DiPane, with representatives of Pappas Architecture, conducted the required pre-application neighborhood meeting. The applicant presented a proposal for 4 single-family detached homes on a cut.de-sac street Nine neighbors and/or property owners (4 Englewood residents and S Denver residents) attended the meeting. Attendee comments and questions focused on four main topics: the style of homes proposed, who would design and build the homes, loss of privacy for neighbors to the north when new structures are built drainage. PLANNED UNIT DEVELOPMENT CONSIDERATIONS; When considering a Planned Unit Development application, the Commission must determine if the proposal meets District Plan and Site Plan criteria as established in the PUD Ordinance. PUP District Plan University Homes PUD District Plan 1ets forth the zoning regulations within which the proposed development will occur. The Planning and Zonin1 Commission is required to make the following findings concerning the University Homes PUD District Plan: 1. The PUD District Plan is, or is not. in conformance with the District Plan requirements and the Comprehensive Plan . 5 I• ' ..• • j • • -- • The proposed University Homes PUD is in conformance with the applicable requirements set forth in Section 16-4-15: E 3 e. PUD District Plan. 2. All required documents, drawings, referrals, recommendations, and approvals have been received. All appropriate documents concerning the proposed University Homes PUD have been received and approved. 3. The PUD District Plan is consistent with adopted and generally accepted standards of development in the City of Englewood. The proposed PUD District Plan is consistent with accepted development standards established by the City of Englewood. 4. The PUD District Plan is substantially consistent with the goals, objectives, design guidelines, policies and any other ordinance, law or requirement of the Oty. The proposed University Homes PUD District Plan is in conformance with all other ordinances, laws and requirements of the City. 5. When the PUD District Plan is within the Englewood Downtown Development Authority (EDDA) area, the Plan is consistent with the EDDA approved designs, polides and plans. Not applicable. PUP Site Plan University Homes PUD Site Plan sets forth the site planning and design parameters within which the proposed development will occur. The Planning and Zoning Commission is required to make the following findings concerning the University Homes PUD Site Plan: 1. The PUD Site Plan is, or is not, in conformance with the District Plan requirements. The proposed University Homes PUD Site Plan is in conformance with the University Homes PUD District Plan. The PUD Site Plan establishes the lot arrangement, orientation, and location, and the building envelopes on the lots. The PUD Site Plan also includes a landscape plan for the public right-of-way that provides details as to location of landscape areas and the plant species to be used. The Plan also identifies common and public areas. 2. All requ ired documents, drawings, referrals, recommendations, and approvals have been received. All required site plan materials have been received and approved. 6 t .~ .. •: " • • 3. The PUD Site Plan is consistent with adopted and generally accepted standards of development of the City of Englewood. The proposed PUD Site Plan is consistent with the development standards set forth in the PUD District Plan. The Development Review Team reviewed the plan and determined that the proposal meets standards established or administered eithe r through Ordinance or by Department policies. Standards for site access, utilities, public right-of-way, and zoning have been meet (See Analysis above). 4. The PUD Site Plan is substantially consistent with the goals, objectives and policies and/or any other ordinance, law or requirement of the City. The proposed PUD Site Plan is in conformance with all other ordinances, laws and requirements of the City. MAIQR SUBDIVISION PROCEDURE; Title 10, Land Subdivisions, of the Englewood Municipal Code requires that the Planning and Zoning Commission review the preliminary plat for a major subdivision at a public hearing. After the public hearing, the Commission may approve, conditionally approve, or disapprove the preliminary plat. If the preliminary plat is approved or conditionally approved, the applicant prepares a final plat incorporating any suggestions or conditions resulting from the public hearing. Upon submission of the final plat, the Planning and Zoning Commission reviews the final plat for conformance to any conditions imposed on the preliminary plat A public hearing is not required for this review. After this review, the Commission may either approve, conditionally approve, or disapprove the final plat When the final plat is approved, it is forwarded to City Cou,:icil with the Commission's recommendation. Upon approval by Qty Council, the plat will be recorded with the Arapahoe County Oerk and Recorder. When considering a preliminary subdivision plat, the Commission must consider the following: 1. The zon ing of the property proposed for subdivision, together with the zoning of the areas i mm ed iately adjacent thereto. The proposed Planned Unit Development limits development to sin~ily res idences, which is compatible with adjacent City of Englewood R-1-A and City of Den ver R-1 residential zone uses . 2 . Th e proposed layout of loo and blodcs and the proposed dimeruions therfNJi to demonstrate compliance w ith yard area requirements. Th e proposed lots are compatible with dimensions established by the University Homes Plann ed Unit Development District Plan . 7 t .. • • 3. The availability of all utilities, and the proximity thereof to the area proposed for subdivision. Public water and sewer along with electric, gas, and communication utilities are available to the subject property. 4. Topography and natural features of the land with special reference to flood plains. The subject property is not located within an identified flood plain zone. 5. The continuity of streets and alleys within the area proposed for subdivision, and the design and location of such streets and alleys, with relation to existing streets and alleys, both within and without the area proposed for subdivision, and the Master Street Plan. No public streets or alleys are proposed within this subdivision. Ac cess to the lots within the subdivision is by a private drive. 6. All rights-of-way to be designated and located to facilitate the safe movement of pedestrians and bicyclists. Sidewalks are provided. 7. All bicycle and pedestrian facilities shall be selected, located and designed in accordance with cu"ent City standards. No bicyde facilities are required for this proposed subdivision. Sidewallcs are provided. 8. The location of utility and other easements. See Preliminary Plat 9. The location of, and provision for, public areas, including land reserved for parks, schools and other public uses. No public reservation is required for this proposed subdivision . 10. The method of handling drainage and surface water. A drainage study has been completed as p-1rt of the proposed Planned Unit Development application. Drainage issues hav e been addressed ~nd will be monitored in the development permit process. 8 t • • C.:rrY OF F.NGI.IWCNJD DEPAR.11\IENT OF Nll!:IGIIIORHOOD ANO BUSINl!SS OV.VILOfMll!NI' .,_ S..~ 111111 Slntt , ........... i:0•111 ffl.l.W2/F AX 7'1-Zltff ..... , . ......-..... LAND DEVEl,OPMl!.NT APPLICATION FORM De> .......... Name : ec,4~ ~ VWly!'-\"' k(: t zeo Et:ee: f re EC 80\.,o Prapmy Addnu: -Zonifta: _...;~_-___ ,._,., ____ .Acm~l!aillilll u.,_-__ c."'_ .. _T._ ______ _ Lepl l>acriplion: M.§_..___.t;_.ni._. ...... ;.;..ei_. __________________ _ ,_..,..... ..... .,__,., ........ , ''°"' Ii!:· 1-4 "'·--~----·----,,----- Mudlllca1N111 nf Pl-U•• Dne"-:I_JAdnlill•mloe I_I Formal Dillric1 Pl .. N.M: ___________________ _ s.lldlvilion :I I Pm--, Map I I Fhlal PIM v-1nn nr,1:1 e..-1_111.;.; ....... ., Caml~iollll u .. """"" rn•-------------------Odler _______________________ _ APPLICANT INFOllMATION Nanw : Pme t'1 · o.y.,,.,. Fir111 : Addras: I~ IC~ C~ ~,M'J Phonelfull-M1il : .; ocL l' ;; Ar<lliloctl ........ C ........ I_._ ... CcftlCI l'fflnn Nw: fllem., D, r-r;, ~ F"lffll : ,....-... s +Sf.H r!Jc!Jf4f '-<-c. 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A fee• LAND DEVELOPMENT APPLICATION FORM __ .::e:.:;,.--'l'--"'----~Esillila 1111:-~==-... _,..;._ ___ _ ...... o..a;,.-: c;.cc. ,..""' .. _ «----.;r_, App1ic11ioa Type: .._.,., hm • Modi-.. orP1-c1 u .. ~IJ.u\diid;;;,www;;· ;· iiai;;· .. ;IuJii-;;;;;;;-- Dillcxc PIia ,._, s.divll .... -.iief,--,.-,-,m-· ,-w-,-Mlp-LJ-,---.... ------ Vecamof.LJ E-LJ llipl-of-- C...i.-lU•Perncillilr Odcir '---------------- Fincc: Add.al: ,~.,.. ,-:-~.....,. Sy,ra kl c.-.oa ,c.--.. .. M,,z _,u/1!,Mad : ___ _,/._.Jufl='--'-~1'-'-'.7,._, .. ,..,,._ _______________ _ ( •)A"!A•, brPJ nonaTYOWN!alNFOllMATION: l,slepl ___ .,._ .... ____ _ ·------·-·-----"'-""'---··-........ ...-.....---·'-1-...ic,1 ,.._, N-: l)o.,,~ 1"'· p, I'"-,-, CrJ -j..1"1•1 Finn: ---,----=----c:---==---=-=--,-----.,=..,..---Addnu: t,o, 11" ._,..,,,,. G.,. ,r l4l f!!e:91 · (•...._ ... ,. lo,~ c..,....._,,........, N-o1c......-,.,...... __________________ _ AcldraaiCilylSllllallip: ____________________ _ =.."'!'J::....------------------------ ·----Tull ....... _ _,__.,,---,.1 ctmnc.u10•1: ,......,...,,,,...._ .. , ... .,..,_...,_.-.._,... __ .....,_ ,, ______ ., ____ ... ____ ,._. __ ....., ................ -.-. __ • ....,.,_ ... C'.,.,,....._ ... ..,...,_ .. ...,..._,, ... -......... _.,, .. ,.,.omct.USIGIII.Y c-Nt:srtsqfW ·p·..,_.._... 1' L ._. ..... __ --.,..__ _.,. ____ ("_ ...... __ C'llr't.:i ..... _ _.,. . .., ....... ···-----...., .. .., ' ... .. • • C {t T y 0 F ENGLEWOOD COMMUNITY DEVELOPMENT TO: THRU: FROM: Planning and Zoning Commission Robert Simpson, Director, Community Development Tricia Langon, Senior Planner DATE: September 4, 2002 SUBJECT: Case PUO 2002-01 -Public Hearing -Continued University Homes Planned Unit Development Case SUB 2002-05 -Public Hearing -Continued University Homes Subdivision APPLICANT and PROPER]Y OWNER; David M. DiPane 1906 13"' Street, Suite 203 Boulder, Colorado 80302 PROPERTY ADDRESS: 3055 South University Boulevard CURRENT ZONE DISTRICT; R-1-A Single-Family Residence District LEGAL DESCRIPTION; See Planned Unit Development District Plan. PREVIOUS COMMISSION ACTION; The Planning and Zoning Commission opened the public hearings and took testimony on the above cases on August 14, 2002. The Commission requested clarifications to the District Plan verbiage and additional infonNtion regarding site drainage . The public hearings were continued to September 4, 2002. See Page 9 of this Staff Report for review of requested information. REQUEST: The applicant has submitted a Planned Unit Development application to rezone the property from R-l·A Single-Family Residence District to PUO. The applicant has also submitted an application to subdivide the property contained in the Planned Unit Development tuOO Englewood Parkway PHONE 303-762-2342 FAX 303-7'Ul95 ..• . . .. ' . • • - • RECOMMENDATION: Case PUD 2002-01: The Department of Community Development recommends that the Planning and Zoning Commission approve the proposed University Homes Planned Unit Development with the following conditions : 1. A Homeowner Association be formed and documents pertaining to the Association be filed against all properties with the Arapahoe County Clerk. 2. A recorded copy of the Homeowner Association document be provided to the City. Case SUB 2002-05: The Community Development Department recommends approval of the Preliminary Plat of the University Homes Subdivision and that the applicant be directed to submit a Final Plat for review. If the Commission requires no changes from the Preliminary Plat to the Final Plat, staff recommends that the Final Plat be administratively reviewed and the application be forwarded to Council with a recommendation for approval. PROPERTY LOCATION; The subject property of the PUD is a vacant parcel of approximately .88 acres. The subject property of the Major Subdivision is the above vacant parcel and Tract A. a .1 5 acre parcel. The site is located in the area bounded by South University Boulevard on the east, East Dartmouth Avenue on the south, East Dartmouth Place on the west, and the Englewood/Denver boundary on the north. The surrounding area in Englewood is zoning R-1-A. The adjoining property to the south (Parcel A) is currently occupied by the Korean Emmanuel Methodist Church. The adjoining property to the west (Parcel B) is currently occupied by a structure known as the Brown Mansion and is used as professional offices. The adjacent area to the north, within the City and County of Denver, is zoned R-1, a zone classification similar to the R-1 ·C district in Englewood. The subject property was annexed into the City of Englewood in 1946 and was zoned R-1, Residence District In 1955 this area was rezoned to the current R-1-A classification . In 1964, the subject property was subdivided as part of the Hampden Hills Baptist Church Subdivision. This subdivision included five lots on the east side of East Dartmouth Circle and a large parcel at the corner of East Dartmouth and South University. In 1978 the large parcel was divided though a Subdivision Waiver into Parcel A and Parcel B. Parcel B was further divided in 1982, creating Parcel C, which is the subject of these requests. When Parcel C was created with a 1 SO feet street frontage on South University Boulevard and a 15 feet street frontage on East Dartmouth Avenue . The 1 S feet frontage created a "flagpole " connection from East Dartmouth Avenue to the main 2 ' . ,• I . ., • • body of Parcel C and was intended for ingress/egress and for utility access. The "flagpole" is not part of this PUD request and will retain the current R-1-A zone district designation. The •flagpole" will be identified as "Tract A·, and is a non- developable parcel unless it is conveyed and combined with an adjoining parcel . In recent years the site has been the subject of several development attempts including a rezoning to R-3 High Density Residence District to permit an assisted living facility, and a variance to R-1-A street frontage standards to permit a church and school facility. Both requests were denied. BACKGROUND A conceptual site plan for the University Homes Planned Unit Development was submitted for City comments in May 2001. A preliminary plan was presented at a neighborhood meeting on August 22, 2001, as required by the PUD Ordinance. The formal PUD application was submitted on May 14, 2002. The District Plan and the Site Plan have been combined and submitted as one document for concurrent review, as provided for in the PUD Ordinance. A preliminary subdivision plat. based on the PUD, was also submitted. ANALYSIS; The Planned Unit Development is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a specific development proposal that may not be accommodated within the existing zoning scheme or development regulations. The PUD provides the opportunity for unified development control for multiple properties. The PUD is composed of a District Plan, which is the set of zoning regulations that will apply to the proposed development project This District Plan is coupled with a Site Plan that specifies the general site design and requirements of the proposed development The Planning and Zoning Commission's purpose in this request is to focus on whether the proposed land use and zoning regulations are appropriate for this development and the community . Extraneous development issues, such as elevations, building and plant materials, are not part of this procedure. The University Homes Planned Unit Development proposes 4 single-family residential lots on a private drive accessed from South University Boulevard. Driveway accesses to Lot 1 and Lot 2 and also Lot 3 and Lot 4 are proposed via an access easement on each lot The proposed lots will range from approximately 6,770 square feet to 8,400 square feet The private drive, identified as Oudot A. will be owned and maintained by the Homeowner Association, which is to be formed as a requirement of this PUD . Maintenance of landsaping in the public right~f-way and the sound wall is the responsibility of the Homeowner ~tion. The PUD Distr ict Plan establishes the zoning regulations for the new district. The proposed use is limited to single-family residences with accesso,y structures. Home office, as an accessory use, is also proposed . 3 t .. : • • • Setbacks are established for each lot by a building envelope. The building envelope is the area in which development may occur; it does not mean that development will necessarily fill the envelope. The full envelope produces a lot coverage of approximately 42% for each lot The envelope allows a 7 feet setback from any structure to the property lines on the north and south boundaries of the PUD. This is comparable to the minimum required side yard setback in an R-1-A district The proposed height of structures is 32 feel Access to the proposed lots will be by a private drive . This drive Is not a public street and will not be maintained by the Oty. Parlcing on the private drive wfU be limited to the 3 parking spaces on the north side of the drive as indicated on the site plan. No parking is permitted on the south side of the drive. An area has been designated for snow storage so that snow Is not plowed onto the public street This area can be used for additional parking when not required for snow storage. Dedication of public right-of-way will occur on the Subdivision Plat to provide a deceleration and acceleration area at South University Boulevard. Electrical service is available from Xcel Energy and will be undergrounded. Additionally the electrical service line that serves the church property wil be placed within a utility easement The Public Works Department and the Oty of Denver's Engineering Services reviewed a Drainage Plan for the subject site. Drainage Issues have been addressed and will be monitored in the development permit process. An intergovernmental agreement allows water service to be provided to the subject property by connecting to the Denver Watar Deparbnent main in South University Boulevard . ~itary sewer service Is available by connec:lin& ,to the Metro Wastewater Reclamation District line In South University Boulevard. The Oty of Englewood Water and Sewer Board have reviewed and approved the alternative water and sewer connections to agencies other than Englewood U111hles. A wall is proposed at a height of eight (8) feet alon1 the South University Boulevard frontage . The proposed height exceeds the R-1-A standard that would be allowed at this location. Considerins its purpose and that it meell traffic siaf,t distance standards it is viewed favorable . Minimal signage ldentlfytna the developments name and property addresses is proposed. Proposed landscaping requirements on the private Lots 1 throuaf, 4 and within the public right-of-way are compatible with 16-S-26: undsc:apin1 Standards of the Englewood Municipal Code. The formation of a Homeowner Association Is NqUlred as part of 11111 Planned Unit Development request The documentation wll addrm such ...,. • fflllnlllnlnce of the private drive, wal, landsc:apln1 and snow plowin1, Fulths, the .....-11 must stipulate that any amendments to the oritinal .......-allo be NCOrdld and 4 -· (J a copy provided to the City. The agreement is a separate, private document and is not a part of the Planned Unit Development District Plan. However, a copy of the recorded document must be submitted to the City to be included in the University Homes PUD case file. DEPARTMENT AND AGENCY REVIEWj The City's Development Review Team reviewed the proposal with the following comments: Building and Safety: 1. No objections to rezoning issue . Engineering Services : 1. All work within the public right-of-way must be to City standards. Fire: (No final comments provided.) Community Development: Comments provided under Analysis (See above). Public Works: 1. Home Owner Association responsibilities need to be identified with respect to ownership and maintenance of Outlot A. 2. Home Owner Association responsibilities need to be identified with respect to ownership and maintenance of the landscaping in the public right-of-way. 3. Provide Drainage Statement, i.e.: #No building or structure will be constructed in any drainage easement and no changes or alterations affecting the hydraulic characteristics of any drainage will be made without the written approval of the Director of Public Works of the Oty of Englewood" (Note: this has been provided on site plan). Traffic : 1. OK for Traffic . Utilities: a. Water and Sewer Board have reviewed and approved utility connections to agencies outside of the City of Englewood. NElGHBORHOOQ MEETING SUMMARY; On August '.2 2, 2001, property owner David DiPane, with representatives of Pappas Architecture, conducted the required pre-application neighborhood meeting. The applicant presented a proposal for 4 single-family detached homes on a cul-de-sac street. Nine neighbors and/or property owners (4 Englewood residents and S Denver residents) attended the meeting. Attendee comments and questions focused on four main topics : the style of homes proposed, who would design and build the homes, loss of privacy for neighbors to the north when new structures are built, drainage. PLANNED UNO DEVELOPMENT CONSIDERATIONS; When considering a Planned Unit Development appllation, the Commission must determine if the proposal meets District Plan and Site Plan criteria as established in the PU D Ordinance. s ·'"I . .. • ,•1 • .. ' • • PUP Qistrict Plan University Homes PUD District Plan sets forth the zoning regulations within which the proposed development will occur. The Planning and Zoning Commission is required to make the following findings concerning the Universir( Homes PUD District Plan: 1. The PUD District Plan is, or is nor. in conformance with the District Plan requirements and the Comprehensive Plan . The proposed University Homes PUD is in conformance with the applicable requirements set forth in Section 16-4-15: E 3 e. PUD District Plan. 2. A// required documents, drawings, refe"a/s, recommendations, and approvals have been received. All appropriate documents concerning the proposed University Homes PUD have been received and approved. 3. The PUD District Plan is consistent with adopted and generally accepted standards of development in the City of Englewood. The proposed PUD District Plan is consistent with accepted development standards established by the City of Englewood. 4. The PUD District Plan is substantially consistent with the goals, objectives, design guidelines, policies and any other ordinance, law or requirement of the City. The proposed University Homes PUD District Plan is in conformance with all other ordinances, laws and requirements of the City. 5. When the PUD District Plan is within the Englewood Downtown Development Authority (EDDA) area. the Plan is consistent with the EDDA approved designs, policies and plans . Not applicable . Pup Site Plan University Homes PUD Site Plan sets forth the site planning and design parameters within which the proposed development will occur. The Plannin1 and Zonin1 Commission is required to make the following flndlnp concemin1 the University Homes PUD Site Plan : 1. The PUD Site Plan is, or is not. in conformance with the District l'l,n ,equnmencs. The proposed University Homes PUO Site Plan is in conlonnanc:e with lhe University Momes PUD District Plan . The PUD Site Plan establshls lhe lot 6 •• ' .. • • arrangement, orientation, and location, and the building envelopes on the lots. The PUD Site Plan also includes a landscape plan for the public right-of- way that provides details as to location of landscape areas and the plant species to be used. The Plan also identifies common and public areas. 2. All required documents, drawings, refe"als, recommendations, and approvals have been received. All required site plan materials have been received and approved. 3. The PUD Site Plan is consistent with adopted and generally accepted standards of development of the Qty of Englewood. The proposed PUD Site Plan is consistent with the development standards set forth in the PUD District Plan. The Development Review Team reviewed the plan and determined that the proposal meets standards established or administered either through Ordinance or by Department policies. Standards for site access, utilities, public right-of-way, and zoning have been meet (See Analysis above). 4. The PUD Site Plan is substantially consistent with the goals, objectives and po/ides and/or any other ordinance, law or requirement of the City. The proposed PUD Site Plan is in conformance with all other ordinances, laws and requirements of the City. MA19B SUBQIYISJON PROCEDURE; Tide 10, Land Subdivisions, of the Englewood Municipal Code requires that the Planning and Zoning Commission review the preliminary plat for a major subdivision at a public hearing. After the public hearing, the Commission may approve, conditionally approve, or disapprove the preliminary plat If the preliminary plat is approved or conditionally approved, the applicant ~ a final plat incorporating any suggestions or conditions resulting from the public hearing. Upon submission of the final plat, the Planning and Zoning Commission r~ews the final plat for conformance to any conditions imposed on the preliminary plat A public hearing is not required for this review . After this review, the Commission may either approve, conditionally approve, or disapprove the final plat When the final plat is approved, it is forwarded to City Council with the Commission's recommendation. Upon approval by City Council, the plat wil be recorded wi1h the Arapahoe County Clerk and Recorder . When considering a preliminary subdivision plat, the Commission must consider the following : 7 ,.,. t • • 1. The zoning of the property proposed for subdivision, together with the zoning of the areas immediately adjacent thereto. The proposed Planned Unit Development limits development to single-family residences, which is compatible with adjacent Oty of Englewood R-1-A and City of Denver R-1 residential zone uses. 2. The proposed layout of lots and blocks and the proposed dimensions thereof to demonstrate compliance with yard area requirements. The proposed lots are compatible with dimensions established by the University Homes Planned Unit Development District Plan. 3. The availability of all utilities, and the proximity thereof to the area proposed for subdivision. Public water and sewer along with electric, gas, and communication utilities are available to the subject property. 4. Topography and natural features of the land with special reference to flood plains. The subject property is not located within an identified flood plain zone. 5. The continuity of streets and alleys within the area proposed for subdivision, and the design and location of such streets and alleys, with rel.tion to existing streets and alleys, both within and without the area proposed for subdivision, and the Master Street Plan . No public streets or alleys are proposed within this subdivision. Access to the lots within the subdivision is by a private drive. 6. All rights-of-way to be designated and located to fad/irate the safe movement of pedestrians and bicyclists. Sidewalks are provided. 7. All b icycle and pedestrian fadlities shall be selected, located and designed in accordance with current Oty standards. No bicycle facilities are required for this proposed subcflVision. Sidewalks are provided. 8. Th e location of utility and other easements. Se e Prel im inary Plat 8 fl t • • 9. The location of, and provision for, public areas, including land reserved for parks, schools and other public uses. No public reservation is required for this proposed subdivision. 10. The method of handling drainage and surface water. A drainage study has been completed as part of the proposed Planned Unit Development application. Drainage issues have been addressed and will be monitored in the development permit process. AQQIJONAL INFORMATION -Continued Public Hearings; PLANNED UNIT DEVELOPMENT Added the following provisions under "General Notes" regarding installation of infrastructure. These provisions address the timing of proposed infrastructure installation and completion. Item 9 addresses infrastructure necessary for initial development of the site . Item 10 are those items that could be addressed after the initial development and that would be better completed after major portion of construction occurs on the site. 9. Prior to the issuance of any Building Permit installation of the following infrastructure shall be completed: a. Utilities, including but not limited to water, sanitary sewer, gas, cable access b. Concrete drainage channel, as specified on Site Plan c. Private drive, bottom lift of asphalt d. Curb, gutter and sidewalk along private drive e. Curb, gutter and sidewalk along South University Boulevard f. Acceleration/deceleration lane adjacent to South University Boulevard g. Fire hydrant ' h. Street light 10. Prior to the issuance of any Certifiate of Occupancy, installation of the following infrastructure shall be completed: a. Perimeter fences b . Screening wall c. Private drive, top lift of asphalt u determined by the Director of Public Works d. Landscaping within the public riat,t-of..way 9 t ... • • Added the foUowing provision under ·Landsc:ape/Open Space" to establish the maximum amount of non-livm~ material aBowed to meet the required landscape material requirement d. The use of non-living material shaD not exceed 3S% of the required landscape area. Drainage Ken Ross, Public Works Director, reviewed the Drainage Report, prepared by Park Ensfneering Consultants, and the site plan In bsf,t of drainaae related Issues discussed at the August 20, 2002 Pubic Hearinp. Mr. Ross' memo Is attached. MAJOR SUBDMSION .PRELIMINARY PLAT • No changes are proposed to the Preliminary Plat at this time. AUACHMENTS; Memorandum: Ken Ross, Public Works Director August 27, 2002 10 MEMORANDUM TO: Planning and Zoning Commission Lil 0 . FROM: Ken Ross, Public Works Directov</l August27,2002 W DATE: SUBJECT: Drainage Questions on tbe Proposed University Homes PUD l. Denver Property Owner concerns regarding accepting flows from the developed site. Q The channel has been sized using very conservative numbers . The channel has been sized to accept 100-year flows from the paved parking lot from the Mansion Property plus the developed flows from the northern portion of the site . The channel as proposed will carry these calculated flows and still provide 6-inches of freeboard . So in effect there is already 6-inches being provided to protect the property owners to the north. Therefore it is staff's opinion that adding additional protection is not necessary . Q Currently the lay of the land is to the north. This means that the property owners in Denver not only accept flows from the Mansion Property, the Church Property to the south, as well as the 0.88 acres of this site . The proposed private road will intercept all the drainage from the Church plus 50% of the developed site that is to the south of the private road. This means that the proposed development will intercept virtually all the flows that are presently coming onto the Denver properties from the south. Q The proposed flow line of the concrete channel will be approximately 2-feet below the berm that was built up along the south property line . This means for the most part the top on the proposed channel will be slightly below the top of the ex isting berm . On the south side of the channel the intent is for the grading from the developed properties to match the top of the channel so that the adjo ining properties drain into the channel and these flows get conveyed out to University Blvd. The proposed privacy fence will be nonh of the channel. so adding a decorative stone to the outside of the channel won't make any difference to the properties to the north. since the channel won't be seen because of the fence , and building a retaining wall is not required since the channel itself will act as a wall. Q We feel that the developer has done everything they can to miti1ate draina1e concerns for the properties to the north . t .. • • -- cc : 2. The proposed grade of the channel is very flat . Q 0.23% grade is extreemely flat. This is only one-quarter inch of fall every 10 feet. On the construction plans we will require very tight specifications that indicate the need to provide steel rods at grade every l O feet to provide finish grades for the concrete workers to finish to . But given the constraints of the site--(They have to accept flows from the Mansion Property to the west. we would not allow the developer to push the flows onto the Denver Properties to the nonh, and therefore all these flows need to be conveyed to University to the east.) The only other viable option is to provide a French drain system and sump pump at University to lift the flows back to the surface . French drains have a tendency to fail, as fine panicles will plug the system over time. And we hate to rely on sump pumps since power has a tendency to go out during severe rainfall events . 3. Korean Methodist Church concerns about drainage due to the development of this site. Q The church and the grading around the church is at 5407, the proposed elevation at the south boundary of this development is 5406; the proposed finish floors of the two residences nearest to the church are 5407 .5. It is the best of all worlds, the drainage can leave the church site and the proposed homes are being built up so that they will not impacted from the runoff from the church. 3 . Maintenance of th e Concrete Channel. Q Planning Commission Member Schum made an excellent point that the concrete channel needs to be part of the maintenance responsibilities of the Homeowners Association. And a statement to this effect should be added to thePUD . 4. General Comments. Q When we review drainage reports and development plans we try to insure that all reasonable attempts are made to mitigate the adverse impacts of the development , whether the impacts are drainage, or traffic related . Q Liab ility-The courts have consistently maintained that cities do not incur liability by reviewing and approving plans. so long as we do not take the pencil away from the developer's engineer. We raise concerns, ask the developer's engineer to address those concerns, we approve the plans, and if adjoining propenies are damaged, the remedies and liability still rests with the developer or the engineer, because the couns realize, we the city may be spending a couple of hours reviewing the plans or repons. while the desian engineer spent weeks putting the plans and repons together and is, or at least should be, more intimately aware of the requirements and consttaints and/or issues associated with the development . Dan Brotzman Bob Simpson Tricia Lanaon Pete Pappas t ... .. .. •\ • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE tSUB 2002-05) FINDINGS OF FACr. CONCLUSIONS ) ~ RECOMMENDATIONS RELATING ) TO UNIVERSITY HOMES SUBDIVISION. ) 3055 SOUTH tJNIVERSITY BOULEVARD ) INITIATED BY: DAVID II. DIPANB 190813'111 STREET. SUITE 203 BOtJLDER. CO 80302 ) ) ) ) ) ) FINDINGS OF FACr AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMJSSION This matter was heard before the City Planning and Zoning Commission on August 20, 2002, in the City Council Chambers of the Englewood City Hall, and was con- tinued to September 4, 2002. August 20, 2002: Commission Members Present: Roth, Schum, Welker, Krieger, Mueller, Parks, Waggoner Commission Members Absent: Willia, Lathram September 4, 2002 Commission Members Present: Schum, Welker, Willis, Krieger, Lathram, Mueller, Roth, Waggoner Commission Members Absent Parks Testimony was received from staff, from the applicant team, and from members of the adjacent community. The Commission received notice of Public Hearing and the Staff Report, which were incorporated into and made a part of the record of the Public Hearing. ' After considering statements of the witnesses, and reviewing pertinent documents, the members of the City Planning and Zoning Commission made the following Find- ings and Conclusions. 1. FINDINGS Of FACT THAT the application for approval of the University Homes Subdiviaion wu filed by David M. DiPane, owner of property addreued u SOM South Uni- versity Boulevard, Englewood, Colorado. H: I GROUPIBOARDSIPLANCOMM\FiadlaplFiadiap 30CllillFOF UU'fWli&J f'-............. 1 .. . • , . • t • • 0 2. THAT Public Notice of the Public Hearing was given by publication in the EnKlewood Hmw1 on August 9, 2002; letters were also mailed to adjacent property owners notifying them of the date, time, and location of the Public Hearing. 3. THAT Senior Planner Langon testified that the proposed University Homes Subdivision divides the site commonly addressed as 3055 South University Boulevard into four single-family building lites, and establishes a private drive extending west from South University Boulevard to provide accea& to the building sites. Ms. Langon testified that the proposed University Homes Subdivision Preliminary Plat is in conformance with Title 10, Land Subdivi- sions, of the Englewood Municipal Code. CONCLUSIONS 1. THAT the application for University Homes Subdivision was filed by David M. DiPane. 2. THAT proper notification of the date, time, and place of the Public Hearing was given by publication in the official City newspaper, and by personal let- ter to adjacent property owners of record mailed via USPS. 3. THAT the proposed University Homes Subdivision Preliminary Plat is in conformance with Title 10, Land Subdivisions, of the Englewood Municipal Code, and that a Final Plat is to be prepared and referred to Englewood City Council for approval. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the Preliminary Plat of the University Homes Subdivision is in conformance with Title 10, Land Subdivisions, of the Englewood Municipal Code. The applicant is di- rected to prepare a Final Plat, identical to the Preliminary Plat, and said Final Plat of University Homes Subdivision shall be referred to Englewood City Council for approval. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on September 4, 2002, by Mr. Welker, seconded by Ms . Krieger, which motion states: The Plannif16 Commission approve the Preliminary Plat of tlw University HoTMs Subdivision, the applicant is directed to prepare a Final Plat iMntical to tlw Pre- liminary Plat, and the Final Plat i.a to be forwardMJ. to City Council for tMir ap- proval. ,. t .. . • I • • • AYES: NAYS: ABSTAIN: ABSENT: Krieger, Lathram, Mueller, Roth, Schum, Welker, Wagoner None Willis Parks The motion carried. These Findings and Conclusions are effective u of the meeting on Sept.ember ,, 2002. BY ORDER OP THE CITY PLANNING a: ZONING CONM188101' /r;t;LQ_ Kells Waggoner,~ ~.,._._, SERIES OF 2002 A IIIOLUTION APPROVING THB PINAL PLAT 0,-tJIIIMIUITY IIOla8 SUBDMSION AND ACCEPTING THE PROPOSED UJi1b 02DICA TION , \ SIMULTANEOUSLY wrnt THE l!Pfi!Cfflll DA11 Cl' 1BllCllUIIWQ\MtlO'fllld" THE UNIVERSITY HOMES PLANNED UNIT DEVELOPMENT. . · WHEREAS, the Final Plat of the University Homes Subdiviaion ii located in an aRa bounded by South University Boulcvud on the cast, Eut Dartmoulb Avenue on the soudl, Eut Dartmouth Place on the west, and the Englewood/Denver bounday on the north, also numbcn:d 3055 South University Boulcvud; and · WHEREAS, City Council adopted a Bill for an Ordinance approvin& the University Homes Planned Unit Development; and WHEREAS, a public hearing was held on November 4, 2002 for input from interalecl parties; and WHEREAS, the final hearing on this Ordinance is set for December 2, 2002 . NOW , THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF ENGLEWOOD, THAT: The Englewood City Council hereby approves the Final Plat of University Homes Subdivision, attached hereto u Exhibit A, effective simultaneously with final approval of Ordinance approving the University Homes Planned Unit Development at 3055 South University Boulevard, Englewood, Colorado. ADOPTED AND APPROVED this 2..i day of December, 2002. Beverly J . Bradshaw, Mayor ATTEST : Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Eqlcwood, Colondo, hereby cenify that the above is a true copy of Resolution No . __ , Series of 2002 . Loucrisbia A. Ellia ........... .. ,,..r ... SITE • ! J ,..,_ -~·-I i ... ~ ... VICINITY NAP -....... BASIS Of 8£ARJNG •..-.c.s All[ 1411D ON 'Hl A~ THAT CAST UN( <:, LOT t kOCM 2 ......... HUS ~ftST OU10t &tlDMSIOl,i 11MS s 00'00'00" , K'TWUN nc 'OUC> ...,..Nrs ..., ...., DCICalllD ....,. FLOODPLAIN STAT£MENI I ~y C(JI:~ n+AT TI-I[ ~Ty D[5C1t1KD fCltOH fS NOT LOCAfCD ll A 100 """' n.oCID N.M1. CCJ1DNG fl> lH[ IIIOST 'fCINT l'\.000 ll9AtNC( IA l[ ...., ('111t). "'XIUC[O l'f N 'DWi DOC1DCY ...._CNT GJCT ('1*) ~ DAIi. tUGUSt 16. lltS CClllllJten., °"°" l'ICL NO 11$.1 FINAL PLAT UNIVERSITY HOMES PART OF LOT 1 , BLOCK 2, HAMPDEN HILLS BAPTIST CHURCH SUBD IVI SION. LOCATED IN THE NE1/4 SEC 35. T4S. R68W OF THE 6TH P.M .. CITY "F ENGLEWOOD, COUNTY OF ARAPAH OE, STATE OF CO LORAD O 1: ---·-··· I I l/1 ~!! I· ,,, I I .,. i li 1 I '"Ill"• 7..i'o-- -(AST • • •• CONTAINS 1 OJ2 ACRES MORE OR LESS . SHEET T OF 1 ..... II 0 . ~ ' ' ! t ·-· _m,...-... """"' ... ,..,,,, ........... ii ICIC. ·-·-· If -~ j ...... --~ ..... -~~=- OARTIIOUTH .... ..,..c.. AVENUE un..,..,_..J ••o.• IIONUll(N T T A8l( 0 .... ,,. ...... cal') ~~-·--·n---.. c.t ~:ZlrA.T--~:.V:11=- • n:"-"-wr".YrJ: - ... VI" ...... ''-"'' s'!.-!1iM"-... 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IC-.C WCI'( ~AIUICUU.Rt. v D(SOt18£0 ....... _ KC..C "' TH[ NOIUl1(,UJ C()lttr,l(R Of lOT I , 81..00I Z. HAMPO(N HILLS 8AP l'!St --MNC( s OO"OO'oo· C 41.0NC M CAST UN( or SAJO LOT I, • OIST.t.M:[ Of l ~ 00 rec,. T11CNC[ N et-Z,'1r W ..... Al..l[l .,.., T'M[ SOUTH LIN( Of SAJ0 LOT 1, A OISTAHC[ Of 1111, 1"[(1. ntCNC( S oow·oo· [ PIIJtAUll. WITH llt[ CAST L..C Olf SA10 LOT I , .1, DtSIANC( OT , .. el rm. fH(NC( N 89'19'17· W PA.RAU.EL •TM fl,'( SOUTH UN( or SAC> 1.0, ,. A DtS1AHCt o, 1100 rn,. n<NC:c s oo ·ocroo· c ~U:AllEt •~ THC CA ST lN: r:JF SM) LOT 1, A ~TANC[ OI "00 rrn. WOft( Olt LCSS. TO A "ONT Ofll fHC so.,'" UfC Of $AC) LOT 1, TN(HC( N n-:t·1r If ALOHC TH[ SOUTM LI N( Q/F SAIO LOT I, A OtSl.WCC Of 1500 ,UT, IIOl't Olt LCSS. TO A P OlrH, SAC> ~T ICING TS9.00 l"[[T UST Of TH( SOVlHIIICST CORN(lt Of 'iMO LOT I, TMCNCC N OO'J1 '29" £ PAAlrlLLCl •TH lH! ll(ST UC. Of SAID LOT I, ,. OIST..ct or '!S.S. rcn. WOii[' Oft l[SS. 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Q " INTRO Final Plat of University Homes Subdivision Request for a Major Subdivision by Applicant property owner David DiPane To divide land zoned for residential use by the approved University Homes PUD Community Development Recommendation CC APPROVE Final plat University Homes Subdivision Condjtjon: effective date of subd be same as effective date of the Ordinance approving the PUD. PROCEDURE EMC • Title 10 Land Subdivision requires Major subdivision when: • land being divided into 4 or more lots or • land is being dedicated for public purpose Site: approx 1.03 acres Vicinity of S. University Blvd & E. Dartmouth Ave. Currently vacant Z oned PUD for residential single -unit use Intent • 4 residential lots • Out lot A -commonly owned utility, access easement • Trac t A -undevelopable parcel intended to be conveyed an adjac ent property • Dedicate public right-of.way • • 2 The proposed subdivision: Meets the zoning standards established in the PUD Dedicates 12 foot wide strip of land on the east side of the parcel adjacent to S. University Blvd for public right-of-way for sidewalk. • Maintenance of the Outlot and dedicated right-of-way are responsibility of HOA DRT Reviewed the same criteria All issues resolved P&Z Conducted Public Hearing Sept 4, 2002 Recommendation Approval to City Council Review REQUEST Dividing per approved University Homes PUD Consistent with Comp Plan Meets all development requirements PZ reviewed at Public Hearing & recommended approval Therefore Community Development recommends CC • APPRO~E FINAL plat University Homes Subdivision on condition effective simultaneously with final approval of University Homes PUD Ordinance, which was approved earlier this evening. That date is anticipated to be January 6, 2003 Questions - 0 Date December 2, 2002 INITIATED BY COUNCIL COMMUNICATION Agenda Item •cw STAFF SOURCE Subject D 0 Disinfection Improvements Construction Contract Littleton/Englewood Supervisory Committee Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approval of Engineering Services for the Phase 2 project -April 2, 2001 Council approval of Design Services for the Disinfection Improvements project -September 17,2001 RECOMMENDED ACTION The recommended action is to approvf,,~ Motion,.aconstruc:UQllc;C>l.\l,rlli=l~ Grimm Conslructlon for the Disinfection Improvements at the Littleton/Englewood Wastewater treatment Plant In the amount of I $1,352,450. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Disinfection Improvement project was approved in concept in the Phase 2 Pre-Design Final Report, which was approved in 2001. The requirement for the project is driven by stricter fecal coliform discharge permit limits contained within the Colorado Discharge Permit System Permit Number CQ.0032999 issued to the Littleton/Englewood Wastewater Treatment Plant on April 30, 2001. A compliance schedule contained within the permit requires that construction of these facility improvements be completed by February 1, 2004. Not proceeding with these disinfection system improvements may result in discharge permit violations and penalties . The Long Range Master Plan for the plant identified the facilities needed to operate the plant in compliance with discharge permit limitations to approximately 2015. The plan also identified facilities and space requirements to meet needs in the year 2040. The plan was staged in phases to accommodate t.i e orderly expansion of the facility to meet growth and regulatory requirements. In late 2000, increasing flm, •s and loadings caused a need to conduct a Facility Planning and Capacity Assessment Evaluation. Brown and Caldwell completed the Facility Planning and Capacity Assessment Evaluation in February 2001. This planning document identified that facility treatment improvements would be needed to meet more stringent dis charge requirements being contemplated by the Colorado Department of Public Health and Environment. To accommodate growth within the service area a facility expansion to 50 million gallons per day (MGD) was also identified as being required in the very near future. The Phase 2 Pre-design Report w as c ompleted to better identify needed facility improvements for the 50 MGD expansion project It was d etermined during this study that the Disinfection Improvements should be constructed as a separate proj ect prior to the Phase 2 project in order to meet regulatory requirements. ' ! .. ' • • The Disinfection Improvements project indudes the construction of two new chlorine contact tanks, sluice gates, piping. and miscellaneous appurtenances. The project design has been completed by Brown & Caldwell and the construction management contract for this project with Brown & Caldwell has been approved. Six contractors submitted bids for the project Bids were opened on November 6, 2002, with the following base bid results : BRB Contractors Western-Summit Glacier Construction Weaver Construction Stanek Constructors Grimm Construction $1,946,000 $1,588,750 $1,540,002 $1,524,197 $1,439,000 $1,352,450 The engineer's estimate for this project was $1,880,000. The number and range of bids, although somewhat broader than what might be expected, does indicate very good interest In this project and lhat thorough consideration of the project was given by the contractors (i.e., no significant misunderstanding of the bidding documents.) Brown & Caldwell has reviewed the bids and determined that the bids are acceptable and complete. Grimm Construction is the low responsive bidder. The project is expected to begin in January 2003 and be complete by January 2004. FINANCIAL IMPACT The bid amount is included in the five-year capital plan for the plant The project is budgeted in 2003 and funds are available to complete the project in 2003. Additional funding sources are not required. The low bid is below the engineer's estimate. Project cost will be split 50/50 between the cities of Englewood and Littleton. LIST Of ATTACHMENTS None. December 2, 2002 Motion to support the sale and development of the former City Hall site between the Englewood Environmental Foundation and Development Solutions Group, LLC. The Englewood City Council endorses and supports the $1,250,000 sale and redevelopment of the former City Hall site as negotiated by the Englewood Environmental Foundation with Development Solutions Group, LLC. ·• • • 0 ;:-----~---~-Mr-u/Jfa '~ _: WJ_~~ ~·-i:;_ - d>~-~ Di) -_--------- !?_.-~ ~ w!/Z-· ---~-- 4:_ /J))_td{· --. -----. . YJi.MJ}{//.,1. ' -------. -. , . , . ---··----·n -----~v-----.. . ·-·v,:...'.c' . . . -----... : --r----- ... --------~- ---_,- -------- ------ ------...- -----............-:- __ ......... --·-·-- -! /Ul1.-t-V' -·-. . . ----- -___ ..... _ .. . .. , . . • .. . ' • . ' •· • •• (J t • • -:-(}) - ' --- --·- • • •' ---. ------ - 0 (J -----~ -tf) -~-~7U\~.-~ f-·------(!;! _ _)V/Jlik _~ l''"'~~ --------·----~~--&~_:_ .... .. . . ------~-~~~-~r~1Jf1-~~~ ~~ ----1 z .. -. !g;;J~ . --·---,----- . ---------~--~~--~---=·--_ -'!;ltt-· 5;~ PJ~k ----; . . ------- --------- 9· ' • AGENDA FOR THE REGULAR MEETING OF ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 2, 2002 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, co 80110 1. Call to order. {); 3~ 2. Invocation. /)~ 3. Pledge of Allegiance.~ 4. RollCall. '7~ 5. b. Dennis Stowe, Manager of the Littleton/Englewood Wastewater Treatment Pl~~ u 0 will recognize Stacey Walker for receiving the Water Environment Federation's ~ Laboratory Analyst Excellence Award. 7. / Unsch('~~~~~-~i~r!;.,~~a~ l'.mit~ur prese"11tio~to fiv~in~.) ' a.~.,,~ uJ.1.~a--rl''/,~ 8. Communications, Proclamations, and ppointments. ff 9 . Public Hearing (None Scheduled) ff • t • • ... Englewood City Council Agenda ~ II / ~ / / December 2, 2002 V p;~r;~ ~~ Joa_i' /JJ/,--/'1-i}__; I!!:_~~ a. i\pproval of Ordinances ontirst R/ading.- i. Caunc:11 81 No. 67 -'Recommendation from the Utilities Department to adopt a bill for an ordinance authorizing a City Ditch License Agreement and Construction Easement for 4663 S. Mariposa Drive. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. b . Approval of Ordinances on Second Reading. Council Bill No. 60, authorizing an updated Intergovernmental Agreement with the Regional Hazardous Materials Board of Arapahoe/Douglas Counties for Reciprocal Hazardous Material Incident response. Council Bill No. 61, accepting Law Enforcement Assistant Fund (LEAF) grant funding to be used for DUI detection and enforcement c. Resolutions and Motions. Recommendation from the Utilities Department to approve, by...., 9'e purchase of a Sludge Handling System for the Allen Water Treatment Plant Reservoir . Staff recommends awarding the bid to the lowest technically acceptable bidder, SRS Crisafulli, Inc. in the amount of $84,971. STAFF SOURCE: Stewart H. Fonda. Director of Utilities. KJ Recommendation from the Littleton/Englewood Wastewater Treatment Plant (_/ Supervisory Committee to approve, the purchase of a vertical mixed-flow raw sewage pump. Staff ommends awarding the bid Goble Sampson Associates, Inc., a sole-source vendor, in the amount of $55,300. STAFF SOURCE: Stewart H. Fonda. Director of Utilties. iii. Recommendation from the Information Technology Department and the Englewood Municipal Court to approve, ......._,Oftware License, Professional Services and Software Support Agreement with Professional Computer Software Services, Inc. (PCSS ) for the purchase of case management and jury so ftware. STAFF SOURCES: Don lnsle, Director of Information Technology and Tamara Wolfe, Court Administrator. 11 . Regular Agenda. a. b. Approva~rdinances on First Reading. Approval of Ordinances on Second Reading . Council Bill No. 54, as amended, approving the University Homes Planned Unit D eve lo pment. ~ ue note: H you have a disallilily ud 1NN lllllila,y .W. or...._, ,a.... Ndfy ... City flf ( -·••II (303-762·2405) at lull 41 hours Ill.._ flf wllN ..._ .. ...._ 11llali ,-. ' .. • • Englewood Crty Council Agenda December 2, 2002 Pagel ~{) , .. ~/-~ i'. Council Bill No. 64, approving an agreement, as amended, with Colorado • V!6'-::: Preservation, Inc. for an option to purchase the Skerritt House~ c. Resolutions and Motions. i. Recommendation from the Department of Finance and Administrative ,/}_ 11. IM> Services to adopt a resolution approving a $25.00 Administrative Fee, f()-Oo-::,r-pv effective January 1, 2003, for new sales tax license applicants. STAFF ~ '7-aOl!RCEtf~,k Ji.~cz, Director of Finance and Administrative "rf'"" Semcesff~f ii . Recommendation from the Community Development Department to adopt a resolution approving the Community Development Block Grant n h4.pplication ~r 2__00); _STAFF ~URCE: Janet Grimmett, Housing Finance ,,-.Vspecia&st. f/lF~ /" 'J-,.ii.,..,,., .. ecr•o•rrmmendation from the Community Development Department to adopt :./JlJ esolution approving the Anal Plat of the Universi Homes .Subdivision. OURCE: Tricia Langon, Senior Planner. 12 . General Discussion. a . Mayor's Choice. b . 13 . City Manager's Re port. 14. City Attom~y&- Adjournment $/"'./ r The following minutes were transmitted to City Council between November 15 • 27, 2002 : Englewood Transportation Advisory Committee meeting of October 10, 2002 Englewood Planning and Zoning Commission meeting of October 22, 2002 • •