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Home My WebLink About2001-05-07 (Regular) Meeting Agenda Packet• • ----c,,------------------------,----------~--------• l•. , .. ... • - Regular City Council Meeting 'fa y 7, 2001 Ord // r: i/. ~ ,t,/,23, 24, 25, 26, 27, 28, 29 Reso /1 /.t.;( ~ f. }?, I/. f Y, /. 43 • ' .. • 0 • • 0 0 I· 0 -. • • I. Call to Order ' . .. • • - ENGLEWOOD CIT\' COUNCIL ENGLEWOOD, ARAPAHOE COUNTY. COLORADO Regular Session Ma,• 7, 2001 .. The regular meeting of the Englewood City Counci l was ca lled to order by Mayor Burns at 7:40 p .m . 2. lnvoc:ation The invocation was given by Coum:il Member Nabholz. 3. Pledge of Allegiance The Pledge of Allegiance was led by Ma yo r Burns . 4. Roll Call Present: Absent: A quorum was present . Also present : 5. Minutes Council Members Nabho lz. Grazulis. Garren, Bradshaw. Wolos)11 . Yurchick. Burns None City Manager Sears City Anorney Brotzman City Clerk Ellis Director Eaton , Human Resources Director Ross , Public Works Director Olson, Safety Services Special Services Officer Maxwell. Safety Se rvi ces EEF Director and Engineering Manager Kahrn Director Simpson, Community Development (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REG U LAR CIT\' COUNCIL MEETING OF APRIL 16, 2001. Ayes : Council Members Nabholz, Garrett, Bradshaw, Wolosyn. Yurchick, Grazulis. Burns Nays : None Motion carried. 6 . Scheduled Visitors (a) Doug Monon, President and CEO of Gan Spons, said he wanted to talk a linle bit this evening about what Gan is today and give Council a description of the project they are proposing, at what is currently a Home Base site across the street . Gan is the second largest and fastest growing full line sponing goods retailer in the country today, he said, and we are in the middle of acquiring another company in Texas. We will have annual revenues around $1.2 billion next year, with over 11 ,000 employees from Florida to California. We are in the middle ofan acquisition, he said, which makes it ) I • 0 - • • • Englewood City Council May 7,2001 Page 2 • .. • - necessary for us 10 look for alternate space for our corporate headquarters and 10 bring what is kind of a campus like environment into a single building. As I began the process with our real estate group looking at sites across the city, he said, this site became kind of an ideal ta rget for me. While it is clearly no t the only site we had available 10 us, after looking it over ... the location, the access 10 light rail. and the ce ntral nature of this site ... we became very enthused about it. He pointed out that once we get done with thi s transaction, we will actually operate stores under three names in twenty-se ven stat es and ha\'e a corpo rate office staff that will start at around 350 and grow to slightl y o ver 400 at the end o f 2002 . The annual payroll in this facility would be $26 million in 200 I and we anticipate that will grow 10 $40 million over time . So. he said. what we bring to the site is a base of relatively highl y compensated asso c iates. with an average compensation of about $56 .000.00 and the opportunity 10 redevelop a site that we believe. toda y. is better suited to an office space than retail , given the changing dynamics around the retail environment. The company is very actively involved in the community. We are a sponsor and major contributo r 10 the National Sports Center for the Disabled, Children 's Hospital and the A von Breast C ancer Run . So we ha ,e been involved with community affairs, he said, and as many of you know the company is almost I 00 ye ars old. The company was founded in 1916 by the Gart family . He noted the famil y ha sn·1 b ee n invo lved in the business since 1992 . We are publicly traded and today we have a very. ,·ery d1 \'erse manage ment group that runs, what I think, is the finest quality full line sporting goods chain in the U nited States. So. he said . after we really spent a lot of time looking at other sites, we think that the entire proce ss re all y led us 10 focus on this as our primary target. I think the City of Englewood has done a treme ndo us job rede vel o ping the corridor, he said, and, actually, what really enthused me about the whole process was "a lkmg into the City oflices about four or five months ago , frankl y. to pay a speeding ti cket. I wa s am azed at what yo u have done here, between the redevelopment of the former Foley 's s ite and the ne" retail gomg up here . We really think, he said. that this is a unique opportunity for us 10 beco me pa rt of what. I thmk. ,s a ve ry changing, very unique environment here and the central location 10 li g ht rail mak e II perfect for us . He asked if Council had any questions. Mayor Burns, on behalf of Council, stated that they welcome Gart ·s presence . Counc 1l 1s very enthus1a s11 c about Gart's interest in the City, he said. we are very proud of what we have accomph he d and we will be doing a lot more. Mayor Burns noted that Council is very favorabl y impres ed w nh Gart ' int erest m th e City. Mr. Monon stated they are very favorabl y impressed with Eng lewood. 1 have been a resident o f Colo rado for twelve years and have watched the changes in Englewood, he said. and we had a store m the mall until I 995 or 1996. You have done a wonderful job in changing the environment here, he said, and we are very enthused and we ask Council 's support for what we think will be a very favorable change for the C ity in terms of the use of that space . Mayor Burns thanked Mr. Monon for coming and he reiterated that Counc il is ,·e ry plea ed to ha ve him here . 7 . Unscheduled Visitors There were no unscheduled vi s itors . 8. Communications, Proclamations and Appointments (a) A proclamation declaring the month of Ma y as Olde r Americans Month was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (a) -A PROCLAMATION DECLARING THE MONTH OF MAY AS OLDER AMERICANS MONTH. Ayes: Council Members Nabholz. Garren, Bradshaw, Wolos yn , Yurchick, Grazulis. Bums • I • 0 J • • -• Englewood City Council May 7, 2001 Page3 Nays: Motion carried. l • .... None • .. • • ' Mayor Burns presented the proclamation to Joe Sack, Director of the Malle y Senior Center and Jim Hanson, President of the Advisory Committee for Malley Center. Mayor Bums asked for a round of applause and appreciation for everything they do at the Malley Center. (b) A request for Council to declare a vacancy on the Englewood rban Renewal Authority was considered. Council Member Bradshaw said that, in light of correspondence from Mr. Simpson. she would declare that we do have a vacancy on the Urban Renewal Authority due to lack ofanendance. Council Member Grazulis said she would like to thank Mr. Lindsey for the time he served. Ms . Bradshaw agreed and noted that she knows there are some other personal issues going on. Council Member Bradshaw opined that with the new development that that board is c riti cal and II needs to be one hundred percent . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO DECLARE A VACANCY ON THE ENGLEWOOD URBAN RENEWAL AUTHORITY. Ayes : Nays: Motion carried. Council Members Nabholz, Garrett , Bradshaw , Wolosyn . Yurchick, Grazulis, Bums None (c) considered. A resolution appointing Ronald Fish to the Englewood Urban Renewal Authority was COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (c:) -RESOLUTION NO. 32, SERIES OF 2001. RESOLUTION NO. 32. SERJES OF 2001 A RESOLUTION APPOINTING RONALD FISH TO THE URBAN RENEW AL A THORITY FOR THE CITY OF ENGLEWOOD, COLORADO. Vole rHulls: Ayes: Nays : Motion carried. Council Members Nabholz, Garrett , Bradshaw, Wolosyn, Yurchick. Grazulis , Bums None (d) A resolution appointing Kathy Ashenfelter as a member to the Alliance for Co mmerce in Englewood was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (d) -RESOLUTION NO. 33, SERIES OF 2001. RESOLUTION NO. 33, SERJES OF 2001 A RESOLUTION APPOINTING KA THY ASHENFELTER TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD , COLORADO . ' . - I • 0 • • Englewood City Council May7,2001 Page4 Vote resulls: J • ~ ... • ·~ • -' Ayes : Council Members Nabholz. Garrett. Bradshaw, Wolosyn , Yurchick, Grazulis, Bums Nays : 'one Motion carried. .. (e) A resolution appointing Deb Guinther as a member 10 the Alliance for Commerce in Englewood was considered. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 8 (e) -RESOLUTION NO. 34, SERIES Of 2001. RESOLUTION NO. 34, SERJES OF 2001 A RESOLUTION APPOINTING DEB GUINTHER TO TH E ALLIANCE FOR COMMERC E IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD. COLORADO. Vote results: Ayes; Council Members ·abho lz, Garrett . Bradshaw. Wo los yn . Yurch1ck. Grazuh . Bum Nays : one Motion carried. (f) A resolution appointing Nick Panetta as a member 10 the Alliance for Commerce in Englewood was considered. COUNCIL MEMBER WOWSVN MOVED. A.~D IT WAS SECONDED. TO APPROVE AGENDA ITEM 8 (f) -RESOLUTION NO. 35. SERIES m· 2081. RESOLUTION NO. 35. SERJES OF 2001 A RESOLUTION APPOINT! 'G NICK PA 'ETTA TO THE ALLIANC E FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD . COLORADO. Vole results: Motion carried. Ayes : Council Membets f',;abholz. Garrett , Bradshaw, Wolosyn , Yurchick . Grazuhs, Bums Nays : None (g) A resolution appointing Steve Schalk as a member to the Alliance for Commerce in Englewood was considered. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (g) -RESOLUTION NO. 36, SERIES Of 2001 . RESOLUTION NO. 36, SERIES OF 2001 A RESOLUTION APPOINTING STEVE SCHALK TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO . Vole results: .. I • 0 2 • • • Englewood City Council May 7, 2001 Page5 Ayes : Nays : Motion carried. • • - Council Members Nabholz, Garren, Bradshaw, Wolosyn . Yurchick, Grazulis, Burns None .. (h) A resolution appointing Randall Taylor as a member to the Alliance for Commerc e in Englewood was considered. COUNCIL MEMBER WOLOSYN MOVED, Ai"IID IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (b) · RESOLUTION NO. 37, SERIES OF 2001 . RESOLUTION NO. 37, SERIES OF 2001 A RESOLUTION APPOINTING RANDALL TAYLOR TO THE ALLIA NCE FOR COMM ERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD , COLORADO . Vote results: Ayes: Council Members Nabholz, Garrett, Bradshaw, Wo losyn . 1'V urchick, Grazulis, Bums Nays : None Motion carried . Mayor Bums presented a cenificate and C ity pin to Mr . Taylor. Mr. Taylor thanked Council and stated that he looks forward to working with ACE , as we move mt o th e next millennium. I am excited and I reall y feel I can contribute from a technolog y standpo int . he said . Mayor Bums thanked Mr. Taylor. (i) A resolution appointing Doug Van Der Zwaa g as a member to the Alliance for Conunerce in Englewood was considered . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (I)· RESOLUTION NO. 38, SERIES OF 2001. RESOLUTION NO. 38 , SERIES OF 2001 A RESOLUTION APPOINTING DOUG VAN DER ZW AAG TO THE ALLIA NCE FOR COMM ERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD , COLORADO . Vote results: Ayes : Nays: Motion carried . Council Members Nabholz, Garren , Bradshaw. Wolosyn , Yurchick, Grazuli s, Bums None (j) A resolution appointing Jon Young as a member to the Alliance for Commerce in Englewood was considered . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 0) • RESOLUTION NO. 39, SERIES OF 2001. RESOLUTION NO . 39, SERIES OF 2001 , . I • 0 2X ]- • • -• Englewood City Council May 7,2001 Page6 l•. ... • • -.. A RESOLUTION APPOINTING JON YOUNG TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. Vote results: Ayes: Nays: Motion carried. Council Members Nabholz. Garrett. Bradshaw, Wolosyn, Yurchick, Grazulis, Bums None ... (k) A resolution appointing Jim Rees as an Alternate Member to the Alliance for Conm1erce in Englewood was considered. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (k) · RESOLUTION NO. 40. SERIES OF 2001. RESOLUTION NO. 40, SERJES OF 2001 A RESOLUTION APPOINTING ~ REES AS AN AL TERNA TE TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD. COLORADO . Vote results: Ayes : Nays : Motion carried. Council Members Nabholz. Garrett . Bradshaw, Wolosyn, Yurchick, Grazulis , Bums None Mayor Burns presented a cenificate and City pin to Mr . Rees . • • *. * Mayor Burns thanked lhc members who came tomght and all the people who submitted their names to serve on the Alliance. He asked for a round of applause for their willingness to serve on this new bus ine ss advisory committee. 9 . Publk Hearing No public hearing was scheduled before Council. 10. Consent Agenda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (ii), 10 (b) (i), (ii), (Iii), (h•), (v), AND 10 (c) (i), (ii), (iii). (h•), (v). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 22 , INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORJZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE ST A TE BOARD . ' I • 0 - • • Englewood City Council May 7, 2001 Page7 • • -... OF THE GREAT OUTDOORS COLORADO TR ST FUND PERTAINING TO THE SO TH PLATTE RIVER/SANTA FE CORRIDOR OPEN SPACE PLA (ii) COUNCIL BILL NO . 23 , INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING THE DELEGATION TO THE CITY AND COUNTY OF DENVER, COLORADO THE AUTHORITY OF THE CITY OF ENGLEWOOD. COLORADO WITH RESPECT TO THE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS") TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW AND MIDDLE INCOME PERSONS AND FAMILIES WITHIN THE CITY OF ENGLEWOOD, COLORADO A D CERTAIN OTHER CITIES AND COUNTIES IN THE STA TE OF COLORADO: APPROVI G SUCH BONDS AND A SINGLE FAMILY MORTGAGE LOAN PROGRAM : AND AUTHORIZl1'G THE EXECUTION AND DELIVERY OF A DELEGATION AGREEMENT AND OTHER DOC ME1'TS IN CONNECTION THEREWITH. (b) Approval of Ordinances on Second Reading (i) ,., ORDINANCE NO. 18 . SERIES OF 2001 (COUNCIL BILL NO . 17, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE 3, CHAPTER 4. SECTION 3 AND ADDI:-;G A 'EW ECTl01' 18 , OF THE ENGLEWOOD M NICIPAL CODE 2000 PERTAINING TO THE C ITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PLA '· (ii) ORDI ANCE NO. 19 . SERIES OF 2001 (COUNCIL BILL 1'0. I INTRODUCED BY CO CIL MEMBER GARRETT) AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE YEAR 2001 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD. (iii) ORDINANCE NO . 20. SERIES OF 2001 (COUNCIL BILL 'O . 19 . INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVI. 'G AND A THORIZfNG THE EXECUTION OF TWO INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE 2001 ARAPAHOE COUNTY COMMUNITY DEVELOPME T BLOCK GRANT PROGRAM BETWEEN THE ENGLEWOOD HOUSING AUTHORITY AND THE C ITY OF ENGLEWOOD . (iv) ORDINANCE NO. 21. SERIES OF 2001 (COUNCIL BILL 0 . 20, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE 5, CHAPTER 38, SECrION 3, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHI C H PERTAINS TO OCCUPATION TAX FOR 3 .2 BEER ON PREMISES LICENSES AND 3 .2 BEER ON /OFF PREMISES LICENSES . (v) ORDINANCE NO. 22 , SERIES OF 2001 (COUNCIL BILL NO . 21. INTRODUCED BY CO NCIL MEMBER GARRETT) AN ORDINANCE APPROVING AN ENCROACHMENT PER.MIT AND INDEMNITY AGREEMENT PERTAINING TO A RETAINING WALL AND FENCE IN THE CITY PUBLIC RIGHT-OF-WAY . • I • 0 J • • • Englewood City Coundl May 7. 2001 Pagel ... ( c) Re so lutions and Motions • • - (i) RESOLUTION NO. 41, SERIES OF 2001 .. A RESOLUTION AUTHORIZING THE ICMA RETIREMENT CORPORATION GOVERNME 'TAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT . (ii) RESOLUTION NO. 42. SERIES OF 2001 A RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF AN AUTOMATED METER READING SYSTEM AND WATER METERS INSTEAD OF THE COMPETITIVE BID PROC E UNDER SECTION l 16 (b) OF THE HOME RULE CHARTER AND SECT ION 4-1-3 OF THE ENGLEWOOD MUNI CIPAL CODE 19 85 . (iii) AMENDME1'T TO THE SEWER TAP AGREE'.\iENT WITH ARAPAHOE CHESTER ES HOTEL. (iv) REPLACEMENT OF DRIVI NG RANGE NETTING FOR THE GOLF COURSE BY AMERICA'S NATIONWIDE ETTING IN THE AMO T OF $37 .000.00 (v) JOINT PURCHASE WITH THE C ITY OF LITTLETON OF A ROTO MILL MACHINE AND RELATED ACCESSORIES FROM FARIS MACHINERY COMPANY IN THE AMOUNT OF 5343,677.00 AND JOINT PURCHASE WITH TH E CITY OF LITTLETON OF A TRAILER TO HAUL THE MACHINE FROM TRANSWEST TRAILERS IN THE AMO UN T OF 539,300.00. Vote results: Motion carried. Ayes : Council Members abholz, Garren , Brad shaw, Wolosyn, Yurchick, Grazulis, Bums Nays : None 11 . Regular Agellda (a) Approval of Ordinances on First Rea ding There were no additional items subnuned for approval on first reading. (See Agenda Item 10 · Conse nt Agenda .) (b) Approval of Ordinances on Second Reading There were no additional items submined for approval on second reading . (See Agenda Item 10 • Co nsent Agenda .) (c) Resolutions and Motions (i) Director Eaton presented a recommendation form the Department of Human Resources to approve. by motion. the appointment of a hearing officer for a di sc iplinary appeal filed by Officer Todd ReMCr . • .. • I I • 0 • • ------------------------,,--------------------------~-------.. ---~-.._ -• Englewood City Council May 7, 2001 Page9 • • -.. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPOINT HARRY MACLEAN AS THE HEARING OFFICER FOR A DISCIPLINARY APPEAL FILED BY OFFICER TODD RENNER. Motion carried. Ayes : Nays: Council Members Nabholz. Garrett. Bradshaw. Wolosyn. Yurchick, Grazulis, Bums None (ii) Director Ross presented a recommendation from the Department of Public Works to approve, by motion, a contract for professional consulting services for the City-wide Pavemen! Management Program with Burlstone, Inc. in the amoun! of $31.261.00. He advised that, with the new right-of-way ordinance, we have accepted certain responsibilities that pertain to us . We need to keep the contractors , who want to work on our streets, up to speed , with respect to what we are going to do as far as maintaining our streets. Mr. Ross stated that this new pavement management program will belier enable us to give them advance notice as to what streets we are going to pave in the upcoming years . with the idea that they will get in there , do their routine maintenance and hopefully we can avoid situations where these contractors cut a brand new street. So we have a need for this pavement management software sys tem. he said, and we have reviewed the Burlstone system, how it works and the people behind it and we have worked out an agreement that we believe addresses our needs, as well as protects our interests . Director Ross said we would like Council's okay to enter into this agreement for professional consulting services with Burlstonc. If Council has any questions, he said , I would be happy to try to answer them. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Ii)· A CONTRACT FOR PROFESSIONAL CONSUL TING SERVICES FOR THE CITY-WIDE PAVEMENT MANAGEMENT PROGRAM WITH BURLSTONE, INC. IN THE AMOUNT OF SJl.261.00 Motion carried. Ayes: ays : Council Members Nabholz. Garrett . Bradshaw, Wolosyn , Yurchick , Grazulis, Bums None (iii) Director Olson presented a recommendation from the Department of Safety Services to approve , by motion, the purchase, ofa new Command Vehicle with funds from the City's Forfeiture Fund and Department of Justice Grant monies, from Lynch Diversified Vehicle (LDV) through the Government Services Administration Program in the amount of$299,447 .16 . He noted they looked at two companies and they decided to go with LDV. They manufacture about 85 % of the vehicles in the country that are used for Command Vehicles . He explained that about half of the money will come out of grant money that has been awarded to us through the COPS Program. There are three different grants and we have the possibility of getting a fourth one this year. Lieutenant Byron Wicks is looking at 1ha1. Right now, he said, we have about $153 ,000 .00 in grant money set aside. The rest of the money will come from our Forfeiture Fund, he said, so at this point , there are , essentially, no City General Fund monies that are being tied up in the purchase of this vehicle . Director Olson advised that they have researched this for about a year and they think what we have looked at is going to be an extremely fine vehicle for many different events throughout the City . Council Member Bradshaw asked what it looks like . Director Olson asked if she remembered the Sherill's command van that was used for the parade. Ms . Bradshaw said yes . Mr. Olson advised that our command vehicle will be bigger and it will house a significant amount of communications equipment, it is obviously mobile and it will look, essentially, exactly like the one Aurora has . Mr . Olson asked that Dave Max"ell bring forward some of the drawings . Director Olson introduced Dave Maxwell , our Special Services Officer for Safety Services, and noted he has been involved with this whole process . He pointed out that they have done a lot of research . • • . , ) I • 0 • • • Englewood City Council May 7. 2001 Page 10 I• -. ' Lieutenant Maxwell reviewed the drawing with Council. • .. • -' Council Member Bradshaw commented that it looks hke a big motor home . Director O lso n said it is like a big motor home especially designed for emergenc y operations, "~th command centers . video equipment and a variety of communications equipment. We will be able to take 11 out on major incidents that we have . he said, where we need an enclosed space to work in. Mr. Olson noted that th ey have see n Aurora's vehicle and they are very impressed with the qualit y of work . which "as done by the same compa ny. and Aurora is \'Cry pleased with theirs . He opined that City Coun ii and the c 111zens will be very impressed by what they see when this thing is delivered. which take s about 120 da ys so it s hould be read y b y the parade . Council Member Garren asked. in the last two or three years. how man y inc idents we have had where a vehicle like this would ha ve been deployed. Director Olson advised the y would use II for the s pecial events every year, but then we have had many different crime sce ne s where we ha\'e had to ha\'e the Sheriffs van come down and be here for us . He noted that . especially in inclement weather. 1h1 w ill be a s ig111fica111 addition to our force to be able to use that. This is one of those w h1 cles, he said. that I probabl y would 1101 have asked for General Fund money to purchase, but we have been able to set as ide money for this . Thal is why 1 am saying, that Council's approval of thi s will not take an y mo ne y out o f the Genera l Fund for th is specific purchase. Later on, of course, we will factor maintenance . and so on. mto our regular fleet cost. Mayor Bums pointed out that this is a unique ve hicle and a unique opportunity to acqu tre it for Englewood . Director Olson said be was exactly correct and we are able to get 11 through the GSA Program. w hi ch is a combined federa l/state program. They bid on it and therefore the com are reduced by going th rough 1ha1 process. Lieutenant Maxwell advised that the City of Aurora has just purcha sed theirs and the y recei ved 0\\1lers lup approximately two months ago and they have already used it nine times . Mayor Bums asked if there were any other comments or questions. There were none . COUNCIL MEMBER WOLOS\'N MOVED, AND IT WAS SECONDED, TO APPRO\'E AGE~DA ITEM 11 (c) (iii). THE PURCHASE, OF A NEW COMMAND VEHICLE WITH FU~DS t'ROl\1 THE CIT\'"S FORFEITURE FUND AND DEPARTMENT OF JUSTICE GRANT MONIES. FRO:\I L\'NCH DIVERSIFIED VEHICLE THROUGH THE GOVERNMENT SERVICES ADMINISTRATION PROGRAM IN THE AMOUNT OF $299,447.16. Motion carried. Ayes: Nays : Council Members Nabho lz. Garren. Brads haw . Wolosyn . Yurchick. Grazulis, Bums one (iv) Englewood Environmental Foundation Dtrcc tor Ri c k Kahm presented a recommendation from the Englewood Environmental Foundation (EEF) 10 suppon , by motion. an agreement with Miller Weinganen Realty amendi ng Anicle 111 of the initial agreement . He advised that the Foundation is asking for Council 's suppon to amend our Development Agreement, and our Ground Lease Agreement with Miller Weinganen, our retail de ve loper on the si te . Those documents were executed la s t August 4'\ he said, and at that time the emphasis was on gelling the retail closed and making sure that the retail developer brought some buildings out of the ground. He pointed out that we were concerned at that point, because. prior to that , the agreement was based on him having leases signed before he would even close. We are at a different stage in time now and the developer has missed some of his earlier date s. Mr. Kahm noted, just as a refresher, that, in both of those doc uments, the developer was required to have a core and shell of 45,000 square feet by this April 4"', with another 25 .000 square feet due in June and another 75 ,000 square feet due by August 4th. We are past the April date . We believe at this time that it is in our best interest to modify these agreements and put the emphasis on opening s tores . So that is what we are trying to do at this point. The date of liquidated damages will be based on the day a store opens, minus a . ) I • 0 J • • C • Englewood City Council May7,2001 Page 11 • • - reasonable period of time for tenant finish. An example, he said , would be in the case of Office Depot. When that store opens they would be granted 75 days for the tenant fini sh to take place and the n that date would detemtine when liquidated damages would begin. Between then and April 4th . And then we wo uld do the same thing for the June date that is coming up and also for future date s. One of the iss ues we ha ve hit is that as we have gone forward , is that, as in the case of Offi ce Depot. the tenant fini s h and th e general construction are being done by the same contractor. There is a lot of overlap . so it is very diffi c ult for us to separate those two functions . Mayor Burns commented that you ha ve different completion times for different kinds of bu ildings . Mr. Kahln said it depends on the type of building . As in the case of Office Depot, we allowed 75 days . For most of the retail its 60 days and we 've allowed 90 days in the case of a restaurant , becau se a re s taura nt tenant finish takes quite a bit longer. In the case of the Bail y's building. he said. we have allo wed 120 days, because Baily's does most of their own tenant fini sh . He noted that is not a new date. as we ha ve known for about a year that Baily 's would require about 120 days for opening . Mayor Bums asked if Baily's was delayed last week . Mr. Kahln ad vised that Baily's ha s a pemtit a nd th e contractor is out doing building la yout toda y. They are actually do in g survey work toda y and th ey have a foundation permit. I meet weekl y with Saunders Construction, he said . They are the ge neral contra cto r for Baily's and they are mticipating a five -month comple tion schedule for their pan of the bu ildin g. Of course. he said, tenant (inish is four months, but there will be a substantial ove rlap. so e ve ryone is anticipating that, before the end of the year, we will see that building up and running . Council Member Bradshaw asked how the bakery figure s into that . Mr. Kahm ad vised that the wa y we have done this is that it is tied to a building. In the case of Bail y's. what counts, is th e date Bail y's o pe ns . Miller Weinganen gets credit for the building square footage. even though the bakery ma y not be open yet. Mr. Kahln stated that in the case of the Parkway retail , where there is 20 ,000 square feet of retail and th e n offices above , he has to have two retails open in order to get credit for that building. Counc il Member Bradshaw asked if EEF is satisfied with this . Mr. Kahm sa id I think so, yes . We ha ve spent a lot of time working on this one , he said, and we believe that it is reall y in everyone's best int ere st at this point . It encourages getting businesses open. Council Member Bradshaw commented that it will get bu sinesse s o pen . Mr. Kahm said yes . it will ge t businesses open and we will see some sales. City Attorney Brotzman said he wanted to make one recommendation. He noted th ere wa s wo rding that was changed on the Council Communication, but it wa sn 't changed on the Agenda . He said he wa s talkin g about the word "approve ." Mr. Brotzman pointed out that Council doesn ·1 reall y approve what EEF doe s. they "suppon" what EEF does. He asked that they change approve to s uppon . COUNCIL MEMBER BRADSHAW MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iv) -SUPPORTING AN AGREEMENT WITH MILLER WEINGARTE N REAL TY AMENDING ARTICLE Ill OF THE INITIAL AGREEMENT. Ayes: Nays : Motion carried. 12 . General Discussion (a) Mayor's C hoi ce IC Counc il Members Nabholz, Garrett, Bradshaw, Wolos yn , Yurchick , Grazulis, Bums None I • 0 • • --• • I • ... • -.. Englewood Cily Council May 7, 2001 Page 12 (i) Mayor Burns said he wanted to express hi s appreciation to Council for the good . solid meeting they had with Gary Sears and staff at the annual budge t and goal settin g meeting and we will be following up on that on June 4lh with another rneeung to disc u s the Ci tizen Survey. (ii) Mayor Bums commented that Council Member Bradshaw·s sugge li on. regarding the EHA PILOT payment, was a good one and he thought it wa a constru ctive thing to do . He asked for a motion to abate $5 ,000 .00 of the PILOT payment by the Eng le,.ood Hous in g Authority as discussed in Council's Study Session. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED. TO ABATE $5,000.00 OF THE PILOT PAYMENT BY THE ENGLEWOOD HOUSING AUTHORITY AS DISCUSSED IN COUNCIL'S STUDY SESSION. Ayes : Nays : Council Members abholz, Garrett . Bradshaw. Wolosyn. Yurchick. Grazul is, Bums None Motion carried . (iii) Mayor Bums advised that the Englewood Ed ucation Foundation gave us grants. a couple of days ago , and they sent an invitation 10 their Second Annual Pi onee r Award Dinner. Thursday. May 171h , 6:00 p .m . to 9 :00 p .m .. at the Wellshire Inn . The awardee will be Dr. Ro scoe Da vidso n. He encouraged any Council member who would like to go. 10 attend . Ma yo r Bums stated that he would be out of town that evening. The ticket s are $40 .00 a per on. $70.00 a coupl e . The Foundation would very mu ch appreciate your suppon, he said . (iv) Mayor Bums noted that the same day. Ma y 17 ... at noon , Safety Services ha s a presentation to honor their volunteers . He said he received an invitation. but he would not be able to attend that one either. Ho encouraged all Council members to attend . In response to Mayor Bums. Director Ol so n advised that it will be held at the Golf Course . City Manager Sears slated they would get notice out to all Council members. Council Member Brad&haw said she would be there . (b) Council Member's Choice (i) Council Member Nabholz : I . She advised that she heard yesterday at church that Dottie Ru st is facing cancer surgery today . That is second hand information , she said, and I don 't know ifit is true or not. But ifit is , she said. I 1h111k we should hold her in our thoughts and pra ye rs . 2 . She advised that she reponed some graffiti on the east side of the depot. 3 . She noted she had fassed out information regarding a trip to the ICSC Conference , which would be May 201h through the 23' in Las Vegas. Nevada . The total cost would be $1 ,410.00 and I would need Council's approval on that , she said. MAYOR BURNS MOVED. AND IT WAS SECONDED, TO APPROVE COUNCIL MEMBER NABHOLZ'S EXPENDITURE FOR THE ICSC CONFERENCE. Mayor Bums asked Ms . Nabholz if she felt she could do this , if she was up to it. Council Member Nabhol z said yes . • . I • 0 • • -• Englewood City Council May 7, 2001 Page 13 ·,· • .. • - Mayor Bums asked if three days was the normal time period. Ms . Nabholz advised it 1s Sunday through Wednesday. Council Member Wolosyn asked if some of staff ,-•ould be going. Counci l Member 'abholz advised that Bob Simpson and Rick Kahm would be anending the Conference . City Manager Sears stated that both Mr. Simpson and Mr. Kahm would be go mg. but that he had not decided yet. I didn 't think that we needed to ha ve a full staff to attend this time , he said. because th e project is under construction. But both Mr. Simpson and Mr. Kahm will anend . Because of all th e connections with the redevelopment of the Ci ty I fell it was imponant, he said . I am still on the edge in terms of going. It may be wonhwhile for me to go for a couple of days. he said. Council Member Yurchick said he did not real ize thi s was the deadline . He asked if 11 was too late to put in a request. City Manager Sears said no, that actually the information came in today . Council Member Bradshaw commented that it always seems to come in right at th e last second . Council Member Nabholz said that is why , at the bottom, it says the reg istrati on will be S360 .00 or S720 .00 depending on whether we register now or on site . Council Member Grazulis asked if Co uncil Member Nabhol z fell she could do I!. Council Member Nabholz said yes . Vote results: Motion carried. Ayes : Nays: Abstain : Council Members Garren, Wolosyn, Yurchick, Grazulis, Burns Council Member Bradshaw Council Member abholz Council Member Wolosyn asked if she could move that Co unci l Member Yurchick also anend. Mayor Bums said yes . Mayor Bums asked if it would basically be the sa me funding . City Manager Sears said yes . City Manager Scars stated it is a great opporrunity and yo u will interface with the developers. It is a big walking conference, he said. and fonunately, this year. they actually have the program at the sa me time that they have leasing mall. It has always been the lea si ng mall afterward . The programs reall y talk about ho w shopping centers come together. he said, and from a deve loper and a business viewpoi nt what are the strengths and weaknesses of locating in different communities. He opined there is some real va lue that comes out of thi s . Council Member Yurchick said he would just like to go on record as saying the main reason he wants to go is , with the projec ts going on, that he would like to gain some insight , rather than rel y o n Miller Weinganen's input . I want to see how a project is put together, he said . City Manager Sears stated it has really been helpful in the past. Mayor Bums noted it is quite an experience . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, •'OR COUNCIL TO APPROPRIATE MONEY FOR COUNCIL MEMBER YURCHICK TO ATTEND THE ICSC CONFERENCE. Ayes : Council Members Nabholz , Garren, Bradshaw, Wolosyn, Grazulis, Burns ,. I • 0 ]- • • -• Englewood City Council May 7, 2001 Page 14 Nays : Abstain: Motion carried. .. .. • • - None Council Member Yurchick (ii) Council Member Bradshaw: I. She thanked Jerrell Black and his staff for the new fence up on Belleview. It looks good. she said . 2. She offered kudos to staff for the tour and the workshop . I really appreciated that and learned a lot, she said. 3. She advised Council that Mary Pieper"s husband had open-hean s urgery and she was jus1 wondering if they could send him some flowers . Ms. Bradshaw commented that this ha s been difficult for Mary too. She asked for Council's approval before she did it . Council offered approva l. Ci ty Manager Sears said absolutely, we can do that. (iii) Council Member Grazuli s : I . She asked Rick Kahm if any of the sculptures that are going to be se t around the s11e would be 111 up at night. City Manager Sears noted that they talked about the Brooklyn Bridge today. Mr. Kahm explained that we ha ve different types of an around the site . We were meeting on thi s top ic today because we are gomg to put li ghts on the Brooklyn Bridge. he said . As we go forward , the anwork that is displayed, or will evenrually be displayed , on the Parkway between Inca and Ga lapago. wall all have lighting. Basically, he noted. the pemianent an has lighting and we are not seeing much of that in pla ce yet. Council Member Grazulis pointed out the importance of getting the wiring down when they are doing the infrastructure. Mr. Kahm agreed, absolutely. He noted there is some design build art that is not lit and th e new urbanism art doesn 't have lighting because it is temporary. Ms. Grazulis said she understand s that , but she just thought it would be nice to have night lit sculptures . Mr. Kahm said, in fact . the y just had a meeting today, with tlae landscape architect to assure that all of that lighting take s place, as well as water for "Porcellino." Ms . Grazulis commented that she knew he would be on top of this . 2. She stated that Ken Ross had prepared a nice letter regarding the Cushing Park parking . It was nicely done, with all the questions that the y need to consider before giving him an answer. She said Mr. Ross did a good job. (iv) Council Member Yurchick asked if Bob Simpson would let him know when they are going to have the next Santa Fe Open Space meeting . Mr. Simpson said sure . (v) Council Member Wolosyn brought up Cynthia Madden-Leitner"s invitation to tour the sites . She suggested Council should try to get together on the dates . Ci ty Manager Sears said he was disappointed that she didn"t list any time s. Ms. Wolosyn said she listed the 8'h, 9•h , 15"' and 16'h. Mr . Sears said he meant the times . Ms. Wolosyn said she thought it was at lunchtime , that Ms. Madden-Leitner always meant it to be sort of a lunch walk. That is what she understood . Council discussed the dates. They settled on the 15"' at noon . City Manager Sears said he would have Sue Bradshaw give her a call tomorrow . Council Member Bradshaw said this is the MOA Design and Build tour. Ms. Wolosyn said yes. 13 . City Manager's Report • I • 0 • -• • ~-' ... .. .. • -' Englewood City Council May 7, 2001 Page 15 (i) City Manager Sears thanked Council and staff for Saturday. We really did cover a lot of issues, he said. and I was really happy with the tour. I appreciate all of the work staff did , Council's conunents were great and, from my viewpoint, I think it was really a great session. (ii) City Manager Sears said he wanted to just let Council know that there are a number of meeting dates , thanks to Ken Ross, on the Transportation Plan. We have received some comments in response to the brochure, but unfortunately it was only internet response . The next time 1t goes out. it will have the Public Works telephone number. He noted we had some people who were very concerned about that. (iii) City Manager Sears advised that Selwyn Hewitt asked that he ask Council if they could attend the SMARTS Sunumt, Saturday, May 19"', from 9:00 a.m. to I :00 p .m. at Arapahoe Community College. Brian Vogt will lead the Summit. Mr. Sears noted that they have invited 180 people from all O\'er Douglas County and Arapahoe County to the Summit. Council should have recei ved information about this, as it was passed out tonight, he said . • * •• * Mayor Burns said he.wanted to mention that the Taste of Englewood is thi s Thursday ,n this build ing in th e Comnwnity Room. *. * *. Mayor Burns commented that we had a wonderful groundbreaking at Centennial Park for the new Youth Rockies Field, which Jerrell Black and his folks orchestrated. It was a temfic event. we had a great turnout and there are a lot of people really interested in that. I think it is going to be a tremendous addition to the park area, he said, and I understand we have the largest Brownfield Grant for that kind of a development in the country and the grant is one of only seven in the nation . He noted that CHFA. who helped fund that Brownfield Grant. was very excited about it. On behalf of Co uncil. Ma yo r Bums offered congratulations to everybody at Parks and Recreation and Jerrell Black . It wa s a great event, he sa id . 11 wa JU St terrific . Council Member Bradshaw stated the other thing that was so impre ss ive was that the Governor's staffer was really excited about being involved in a project like this and the Colorado Department of Health is very interested in doing other projects with us . I think that was a real positive step, she said . Director Simpson commented that that will come in real handy when we start to build the open space project. 14 . City Attorne)"s Report (a) City Attorney Brotzman presented a recommendation to approve, by motion, the settlement of City of Englewood. Colorado, and Englewood Environmental Foundation, inc . vs . Cindern1ak Associates, Equitable Life Assurance Society of the United States, Lend Lease Real Estate Investments, inc., Equitable Real Estate investment Management , Inc ., Denmak Associates. Kravco , Inc ., Glass Slipper, LLC, Environmental, Inc., f/k/a Atec Associates in the amount of$878 ,000.00. He explained that this was the lawsuit that was to abate the asbestos and other environmental concerns in the mall and the proposal is to settle it for $878,000.00 . Mayor Burns noted that Council discussed this recently in Executive Session and Council is well aware of the target we were set, to try to settle this case. Council Member Bradshaw pointed out that this is part of it. Mayor Burns agreed that this is part of it. • .. ) I • 0 • • • Englewood City Council May 7,2001 Page 16 • • - .. .. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE THE SETTLEMENT OF CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD ENVIRONMENT AL FOUNDATION, INC. VS. CINDERl\1AK ASSOCIATES. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES. LEND LEASE REAL EST A TE INVESTMENTS, INC., EQUITABLE REAL ESTATE INVESTMENT MANAGEMENT, INC., DENMAK ASSOCIATES, KRA VCO, INC., GLASS SLIPPER, l.LC. ENVIRONMENT Al., INC.. FOOA ATEC ASSOCIATES IN THE AMOUNT OF $878.000.00. Mayor Burns said that after all the time and effon that has been spent on th is that it appears to be a reasonable amount and I will vote in favor of it. Vote results: Ayes : Council Members Nabhoiz. Garren, Brads ha w. Wolosyn. Yurchick, Grazulis , Burns Nays : None Motion carried. 15 . Adjournment URNS MOVED TO ADJOURN . The meetin g adjourned at 8 :29 p.m . • I - I • 0 I - • • - ' . .. • • • ... .. 1. 2. 3. 4 . 5. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 7, 2001 7:30 P.M. Englewood Civic Center 1000 Englewood Parkwa Englewood. CO 80110 Call to order. r; .·t/-o ~ In voca tion . f)a.Jt/i._~ Pledge of Allegiance . ~ Roll Call . 7 ~ Minutes. Optrf '7-Q a. Minutes from the meeting of Regular City Council Meeting of Ap ril 16 , 200 1. ~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Representati ves from Gari Sporting Company wi ll be present to discuss co mmun itv affairs . 7. Unscheduled Visi tors . (Please limit your presentation to five minutes.) ff 8 . Communications, Proclamations , and Appointments . u..ppd '7--0 a. A proclamation declaring the month of May as Older Americans Month.~ ~ fJ-0 b . Request for Council to declare a vacancy on th e Engle wood Urban Renewal Authority.~ ~!J2o.p/;/ 7_0 Resolution appointing Ronald Fish to the Englewood Urban Renewal Authority~ /), •• JJ :2 1 d . A Resolution/A~~~ K~y Asheniel~r as a member to th e Alliance ~ommerce in ~ ::n Clfpt/'J-OEnglewood ... v r-vv"""f'i..,,- O,. ,,,JI, 6 .I e. A Resolution a pointing Deb Guinther as a member to the Alliance $frommerce in ~ 9;fd'7-0 Englewood. • Please note: If you have a diubillty and need auxiliary aids or services, please notify the City of Englewood (303-762· 240S) at least 48 houn in advance of when senices are needed. Thank you. • I • 0 - • • Englewood City Co uncil Agenda May 7, 2001 Page 2 ... • .. • - A ~!J;'_-J~ A Reso lut ion1j~}1;;,r:~~i~ Panetta as a m em ber to th e Allia nce IP&immerce in W r-0 En glewood . vv ~ /), •• /1 :3h g;J A Resolut101~~~~~}~eve Scha lk as a member to th e Alliance ¢:o mmerce in ~ {ff '(?-O En glewood. (/vv-~ ~./ 3'7 "f}fi'?~ Reso lutio n appoi ntin g Randall Tay~o;t th e A lli ance ~~mmerce in Englewood.~ - (). • 11. 3 g i. A Reso lution appointing D o)J~ Va ~ 6/i, Zwaa g as a member to the Alliance stFOf-. ~ ~?{} Co mmerce in Englew ood -~ ~(}:/:}-39, 1. A Resolution pointing Jon Yo un g as a member to the Alli ance ~mmerce in ffr}J7-0 Englewood. /), IL/,., /,~d, A Resolution a~:~I: Rees as an A lt erna te Member to th e Alliance .GfEommerce /Cik)=P"11) 'Tr" 7-{)n Engle wood.(/~ I""""' 9. Publi c Hearin g (None sc hedu led) y ;1,n/JJ}~~O c~~MP'M1!-t ~(1.u~J2IT/JU,1/0 A-i ~i; vrrl,( a. Approval of Ordinances o n fi!.,, R~adin-g. • 7/ . 7olf-i~ vi I oli~ V i. COUNCIL BILL NO. 22 -Recommendation from th e Co mmunity D eve lo pmen t Department to adopt a bill fo r an ordinance au thorizing th e re cei pt of Great Outdoors Colorado grant funding for Sou th Sa nta Fe Open Space . STAFF SOURCE: Lauri Dannemiller, Senior Manager. ii . COUNCIL BILL NO. 23 -Re commendation from the Department of Finance and Administrati ve Services to adopt a bill for an o rdinan ce assig nin g and transferring to the City and County of Denver th e ::!001 Ci ty of Englewoo d allocation from the State of Colorado ceiling for priva te activi tv b o nds to fi nan ce residential housing facilities for low and middle income persons within th e City of Englewood and certain o ther cities and counties in th e State of Colorado. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. b. Approval of Ordinances on Se cond Rea ding. i. ii. iii . Council Bill No. 17, amending th e C ity of En glewood's Non-Eme rgency Pensio n Plan to allow o ptio nal benefits . C o uncil Bill No. 1 B, authorizing the execution of four Intergove rnmental Subgrantee A greements with Arapahoe County for the 200 1 Arapahoe County Community Development Blo ck Grant Pro gram . C o uncil Bill No. 19, authorizing two Intergove rnmental Subgrantee Agreements with the Englew ood Housin g Authority fo r the 2001 Arapahoe County Community Deve lo pment Bl ock Grant Pr ogram . Piute note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762- 2405) at lust 48 houn in advance of when services are needed. Thank you . • I • 0 • • • 1-...... .. • -' E1)$1ewood City Council Agend a Mdy 7, 2001 Page 3 Council Bill No. 20 , amending Title 5-38-3 to decrease the annual Occupation Tax for 3.2 Beer On Premises Licenses and 3 .2 Beer On/Off Premises Licenses . Council Bill No. 21 , authorizing an Encroachment Agreement for 4996 South Kalamath Street. c. Resolutions and Motions. ~t/{)- i. ii. Recommendation from the Department of Finan ce and Administrati ve Services to adopt a resolution amendin g the City o f Englew ood 's Mid-Manager, Supervisor, and Confidential employees' 401 a M o ney Purchase Plan . STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. Recommendation from the U til i ti es Departme nt to ado pt a resoluti o n authorizing the purchase of an ITRO Rad io Wa\e Mete r Reader. Staff recommends purchasing th e item thro u gh !TRON, a so le so urc e v endor, with hardware supplied and maintained b y M o untain States Pipe, ITRON's local representati ve, for a total amount of $3 3,823 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii. Recommendation from the U tilities Departme nt to approve, b y m o t ion, an amendment to the Sewer Tap Agreement with Arapahoe Chester ES H o tel. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iv. Re c ommendation from the Department of Parks and Re c reation to approve, b y motion, the replacement of Driv ing Range N e tting for the Golf Co urse . Staif recommends awarding the bid to the low est technically acceptable bidder, America 's Nationwide Netting, in the amount of $37,000.00 STAFF SOURCE: lerrell Black. Director of Parks and Recreation and Dave Lee, Manager of Open Spaces. v . Re commendation from the Department of Public W o rks to appro ,e , b m o ti o n, the joint purchase with the City of Littleton of a Rota Mill Mac hine and related accessories . Staff recommends awarding the bid for the Rota Mill M ac h i ne through the State Bid process to Faris Machinery Company i n th e to ta l am o unt of $343,6 77. Staff recommends aw arding the bid for the trailer to haul th e ma chine to the only technicall y ac ceptable bidder, Tran swest Trailers, i n th e am o unt of $39,300. All c osts assoc iated w ith the purchase w ill b e split 50/50 wi th th e City of Littleton . STAFF SOURCE: ken Ross, Director of Public Works . 11. Regular Agenda . a. b . C. dppd?-0 App~ Ordinances on First Reading. Approval of Ordinances on Second Reading . fr Resolutions and Motions . i. Recommendation from the Department of Human Resources to approve, by motion, the appointment of a hearing officer for a disciplinary appeal filed by Officer Todd Renner. STAFF SOURCE: Sue Eaton, Director of Human Resources. ~ ~~~/-1/t-RRY !>'JML£W Plule note: If you have a disability and need auxiliary aids or RMCel, pleue notify the City of Englewood (303-762· 2405) at least 48 houn in advance of when services are needed. Thank you. • ) I • 0 I • • • • - .. Englewood City Council Ag enda Ma y 7, 200 1 Page 4 ii. ~'l-0 Re c ommendation from the Publi c W orks Department to approve, by motion, a co ntrac t fo r professional co nsul ting serv ices for the City-wide Pa vemen t Management Pr ogram . Staff re co mmends enteri n g into a co ntrac t wi th Burlst one, Inc. in the amount of 5 3 1,26 1.00. STAFF SOURCE: Ken Ross, Director of Public Works.~ iii. iv . Recommendation from the Department of Safetv Services to approve, b m o ti on. the purchase of a new Command ehi cl e with funds from the City 's Fo rfe iture Fund and Department of Justi ce Grant monies . Staff re commends purchasing the vehicle from SKAGGS and Lynch Diversified Ve h icle through th e Government Services Administration Program in the afl}ol;;,.t J~ ~299 ,44 ~.16. STAFF SOURCE: Chris Olson, Director of Safety Services. w ~ ~'7-0 Recomm e ndati on from th e Eng le\\OO d En vironmental Fo undati on to~ m o tio n, an ag re em en t wi th ,'v1 ill er W ei ngarten Realty ame ndin g A rti cle Ill of the in itial agreement. ST ')JJ SO~RSE: Rick Kahm, Englewood Environmental Foundation Board. lcJ~ 12 . G e neral Discussio n . a . b . M avo r's Choice . APP 'D 7-0 Co un ol \\e mbe r 'Ch o ic e. NABH OLZ MOVED TO ABAT E $5 .000 .00 OF THE PILOT PA YMENT BY THE ENGLEWOOD HOUSING AUTH ORITY AS DISCUSSED IN COUNCIL 'S STUD Y SESS ION APP 'D 5-1 -1 BURNS MOVED TO APPRO VE COUNCIL MEMBER 13 . Cu Manager's Repo rt . (Nay : Bradshaw, Abstain: Nabholz} NABHOLZ 'S EXPEND IT URE FOR THE ICSC CO NFEREN CE APP 'D 6-1 WOLOSYN MOV ED FOR COUNC IL TO APPROPRIATE MONEY FOR (Aostam: Yurch ,ck) COUNC IL MEMBER YURCHICK TO ATIEND THE ICSC CONFERENCE 14. C it • Att o rn ey's Re p o rt . a . a;rJ-7-o M o ti o n to approve th e sett lemen t of City of Englewo od, Colorado, and Englewood En viro nmental Fo un da tion, Inc. vs . Ci ndermak Associa tes , Equitable Life Assurance Soci et of the United Stat es . Lend Leas e Real Es tate Investments, Inc., Equitable Real Esta te Inve stmen t Management. In c .. Denmak Asso ci ates , Kravco , Inc., Glass Slipper, LLC. Em,iro nmen tal , In c., f/k /a Alec As soc ia tes in th e am o unt of $878,000.00 . ~ Adjournment . 0: 2C/ f1v"- Th e fo ll owing minutes were tran smi tted to City Co un c il between Ap ril 13, 2001 · May 3, 2001 : Englewood U rban Re newa l Authority meetin g of Janua ry 10 , 200 1 Engl ewood Publi c Li brary Boa rd meeting of Ma rch 13, 2001 Keep Englewood Beautiful meeting of March 13 . 200 1 Englewood Code Enfo rce m ent Advisory Comm ittee mee tin g of March 21 , 200 1 Englewood Plannin g and Zoning Co mmission meetin g of April 3, 200 1 Englewoo d Cultural Arts Commission meetin g oi April 4, 2001 Englewood Code Enfo rcemen t Advisory Committee Special Meetin g of April 4, 200 1 Englewood Forfei ture Board mee ting of April 13, 200 1 Englewood Liqu o r Licensing Authority meetin g of April 18 , 200 1 Englewood Liquor Licensing Authority Telephon e Poll of April 19. 200 1 Please note: If you have a diAbility and need auxilury aids or services, please notify the Oty of Englewood (303-762· 2405) at lust 48 houn in advance of when semces are needed. Thank you . • I • 0 • • • I . Call lo Order • •,, • - ENGLEWOOD CIT\' COUNCIL ENGLEWOOD, ARAPAHOE COUNTY. COLORADO Regular Session April 16 , 2001 , . The re g ular meeting of the Eng lewood Ci ty Council wJs cJlled to order by Ma yo r Bums a t 7 :-11 p.m. 2. lnvocalion The invocltio n wa s give n b y Co uncil Member '.\Jbholz. 3. Pledge of Allegiance The Pl ed ge o f All egi ance was led by Mayo r Bum . 4 . Roll Call Present : Absent: A qu orum wa s pres ent . Also present: 5. Minutes Co uncil \1embers . abholz. Grl zulis, Garrett, Brads haw, \\' olosyn. Yurchi ck. Bums No ne C ity Manager Sears C ity Attorne y Brotzma n City C lerk Elli s Direc tor Ross, Public Works Directo r Grygle wicz, F ina nce and Administra1i ve Ser\'ices Manage r of Open S pace Lee, Parks and Rec reati o n Director Simp so n, Co mmuni ty Development (a) COUNCIL MEMBER GRAZULIS MOVED , A.'1D IT WAS SECONDED. TO APPROVE THE MINUTES OF THE REGULAR CITY COU~CIL '.\'IEETING OF APRJL 2. 2001 . COUNCIL MEMBER BRWSHAW CORRECTED THE MINUTES BY ADDING THE WORD "A."ID " ON PAGE 11, ITEM 12 (a) (i), SECO . D PARAGRAPH. THIRD LINE. TO READ: I:\' THE GOLDE:\' TRIANGLE~ IN THE ST. LUKE'S AREA. COl::\'CIL '.\1E:\IBER GRAZULIS ACCEPTED THE CORRECTION. Vote results: A yes: Council Members Nabholz, Garrett, Bradsha w, W o losyn. Yurchick, Grazulis, Bums N ays : None Monon carried and the minutes were approved as amended. 6 . Scheduled Visitors • Sa I • 0 • • • Englewood City Council April 16 , 2001 Page 2 ... • • • (a) Tom Sauer, All Souls School Athletic Director. mrroduced Bill Moore, Princi pal of All Souls School, Robin Smith, President of the Home Schoo l and Joe Garrity. who has been the big catalyst for All Souls to rry to help put the field together at Centennial Park. \\'e consider it a real honor. he said. 10 be pan of this partnership with the City and the Colorado Rockies and we \\OUld hke 10 gl\·e you a check for S 10 ,000.00 as part of our contributio n for th e de,elopmem of these fields . '.1r. Sauer thanked Council Ma yor Bums ac ce pted the donation and offered lus thanks Co uncil Member Bradshaw thanked All Souls . Ma yo r Bums advised that the ground breakmg for the Youth Rockies Field wo uld be April 27 •h at Ce ntenmal Park and e,·eryone was lookmg forward to that. (b) Barbara J . Hodge. 3rl South Galapago Street. addre ssed Counci l regarding a petu1 o n she had sub mined requesting the implemema11on of pem1it park mg o n Fox. Galapago and Hu ron between Floyd and Eastman. We have become aware. she said. that there appears 10 be a severe parkmg problem and we appear to ha ve be co me an overfl ow parkmg, at th e present time, for the li g ht rail. It 1s rea11n g a lo t of problems m the nei ghborhood and we are. I tlunk . very J ustly co ncerned w11 h the s honage. of \\hat \\e ca n tell so far, of parking areas allotted for the new apanment bu1ld111g going up . We are concerned about being in such close proxinuty to the enrrance and it is a very. very large opem ng through there . '.\I s . Hod ge opined that there is going to be a problem. I was told by a lady 111 the parking violations depanment. when we had a problem w11h th e ballgame park.mg , that it is public park mg and that we s hould just ge t used to 11. Ms. Hodge advised that the lady m the parkin g viola11ons depanment s uggested they find altema11ve parking. Which. s he said, I find totall y unacceptable . We want to work with the City of Englewood. \\e like it here . I think it I a good C ity. \\'e choose to s ta y here and h,·e here . I don't believe though. that "e should be gi,·ing up any of our rights as tenants and homeowner m the area. for apanment d"ellers. We, quite frankly. feel like we are bemg kmd of overlooked in all of this. You ha ve the petu1 o n, she sai d. and I think we had everybody sign on o ut h Galapago and there were only a few I didn 't get on South Huron and South Fox and that was because they \\ere not home o ron vacation. I didn't ha ve any of the people that we so lic11ed for sig natures de line 10 sign. They all thought It "as a very good idea . We do resent our streets being used a overflow park111g . We suppon the C11y Council. "e support th e Ci ty of Engk"ood and we are asking now that yo u stand and suppon the 1t1zens and appro\'e our petiti o n. '.\'Is . Hodge thanked Cou ncil. Mayor Bums thanked '.\1 s. Hodge for o nung . He noted he had a cou p le of omments . First, we pronu sed the neighborhood that we would not route traffic through th ei r neighborhood from tl11s new de\'elopment. he said. and that is wh y the wall is behind \\laJ .'.\fan and the ondomm,um de\'elopment. I think we ha ve kept that promise. He advised that the light rat! is staning to over park, for the first time, in the last couple months and RTD has an option fo r 500 mo re spaces there . Unfonunatel y, 1fthey onsrruc t those th ey are going to have to go up , so we will have to have a parking structure We talked to them about ten days ago, he said, and he and City Manager Gary Sears will have lunch w11h them on Friday about these iss ue s and the General Iron Works s ite . They don·t have the funds right now, at RTD , to build a S ·oo million parking srru cture , but we want to me et wtth them about surveymg to find out where the pe o ple are coming from who park there . Mayo r Bums pointed out that their stat istics show that 60% of the riders on the light rail are first time users of transit. That means the y are not used to riding a bus. He noted there are seven bus bays underneath the bridge over here , so we are rrying to educate some of the se folks to go to a park·n·Ride and come in on a bus, rather than a car, but some of the park·n·Rides are not available the way we would like them to be available. He said I don't agree , and I don 't think the Council agrees, that yo ur neighborhood should be used for overflow parking. That is not what we had planned at all. As you sa id , thts happened because of a Rockies game and this can happen again . I myself, reall y appreciate yo ur petition, he said. I think that this is a problem we need to solve . The condomimums are supposed to self. park on the inside. we don·t plan that there will be overflow parking from the condomimums that will flow into the neighborhood. We are also experiencing overflow parking at C ushmg Park . Ma yo r Burns stated • I • 0 • • -• Englewood City Council April 16, 2001 Page 3 • • - that this is not wha t we want and we ha,·e taken this up very seriously with RTD . They told us . at one of their visioni ng sessions a couple of weeks ago. that if they had another vote on increasing their tax that the y would include this parking structure and extending the light ra il to Highlands Ran ch. But. he pointed ou t. that is not any kind of inm1ediate soluuon. That is two or three years down the road. so we are not at all satisfied with that solution. Frankly, he aid. the pohti son the RTD board appear to be. that since we have a light rail line , now, of course , everyone else is clamoring fo r theirs . A couple of years ago the y didn"t know whether this was going to work and now they know 11 does, so the y don·1 want to s pend an y more money on thi s line until they get their own. That is son of the parochial polincs ofrnnous members of the RTD board. But still we are going to meet with the m on Friday and talk some more about these is s ue s. We are ve ry interested in doing someth ing about this . But, frankl y. we don't want your neighborhood impacted every time there is a Rockies game or a weekend Rockies game . Dunng the week 1s wo rse. he not ed. because then those going to work are parkin g there as well. He adnsed that these are hallenge we are going to take up with RTD . The y have also told us that we would ha,·e more parking at Oxford. but the y didn't acquire a site for that. Mayor Bums commented that we have j ust a lot o f park mg iss ues" 11h RTD . It is son of a nice problem to have , in a sense. as this means there are J lot o f peo ple us ing hgh t rail. But we didn 't mean for thi s to impact your neighborhood and I do11 ·1 think Council want that. \\'e apprec1J te your petition. he said . and we will have our staff and the Publ ic \\"a rk s Depanment look II o ,cr. We me,n to do everything we can to solve these proble111S and not have them impact yo ur neighborhood . An d. frankly. I don't reall y want StJffmembers saying ··get used to 11. because 111s a pu bhc tree t." 1 don 't think that is a proper response. he said. Ms . Hodge stated that she was told the y needed to consider finding alternate park in g too . 1 said I real!) don't go along with that , she said. and the lad y said. "well , we reall y do like our vehicles don 't \\e ." I ai d yes we do, but when you work all day and come home and you can't get wuhm three or four bloc ks o f your home. that is unacceptable. '.\fa yo r Bums pointed out that that is where yo u live , th e o ther folks are going to a ballgame, the y can choose an alternate . Ms . Hodge noted it is not just light rail. In the beginning. when the apanment construc ti o n was planned, I believe they had planned one and a hal f car parkin g per apanment. Well , she mamtamed, in thi s da y and age that is ludicrous. There are 59 people where I \\Ork. she satd. smgles and rnamed couples. and I took a survey there and there were ten si ngle people and of tho se ten single people, seven of them had two vehicles , two of them had thre e vehicles . They are saymg there are one . two and three bedroom units and they are aliening two ve hicles per unit and for a one bedroom the y are alloning one vehicle . What if the y have a co uple in a one bedroom unit, she asked. She pouned out everybody likes vehicles. They ha ve thetr spans ve hicles. the y have their pickups and they have their pleasure ve hicle s . I med to find ou t. s he sa id. how many parking spaces were actually aliened in there and she wou ld not tell me . Ma yo r Bums said what this does , in this development and ot hers around the country, is that whe n yo u re strict parkmg hke that . what that forces the people who live there to do is to make a choice before the y move in . ome will not have a vehicle at all when the y move in there . This is happening in Portland . Oregon and other places where thi s has been done . This is intentional, as thi s is what transit onented development is about . it is one of the ke y elements . lf you li ve in a unit where you want to use that light rail. then yo u make a cho ice that that is how you would like to go to work and go downtown and go to sponing events or whatever. You will ha ve to make a deci~ion that yo u will not have the normal compliment of vehicles 1f yo u are going to live in this panicular place. It is not a si tuation where everybody has whatever they want and if they don't have enough parking in that condotTUnium development then they spill out into the neighborhoods with other parking. He stated that 1s not what we intend with this . We intend that they make a decision before they ever move in that the y are not going ha ve the kind of vehicle access from there that they would normall y have . The y have 10 make that decision before the y come in. • I • 0 • • -• Englewood City Council April 16, 2001 Page 4 • • -' Ms . Hodge pointed out the y will ha,·e visitors and company. Rather than wait until things get to that point. she said, we wanted to ask the City Council to addre ss it now and that is wh y the y prese nted the petitio ns . Ma yor Bums stated he apprec iates them doing th at. Ms . Hodge commented that when the light rail builds a parking structure. s he thinks it sho uld be looked at again . But I would reall y like the permitted pa rkin g now, she sa id . \layo r Bums said he understands . Council Member Bradshaw said, at this point. she wo uld j ust like to instruct s taff to meet wi th th e res idents and wo rk out a permit sys tem until we can come up w1th so methin g better. I think a pemtit sys tem is probably going to be the way we might have to go, she sai d, but I encourage s taff to meet wi th the ci ti zens. I really appreciate the classy way Ms . Hodge approached thi s problem. she sa id . She offered her thanks . Mayo r Bums pointed out that Ms. Hodge did a good job. she got a lot of s ignatures and he thanked her. 7. Unscheduled Visitors (a) Lewi s Hoffman, 4920 South In ca Dnve, advised that he wa nted to talk to Co un ci l about a s ports competition that he ha s been in vi ted co co mp ete in in Australia. It is c alled the 200 I Do\\11 Li nd er Int ernational Games, he said. and yo u ha,·e to be nommat ed to attend . Mr. Hoffman advi sed that he is a state qualifier and in the top 50. acadenucally. He had a handout , whi c h he pre se nted to Coun ci l. The competition is in Australia, he said, and he ha s to rai se funds to fina nce th e trip . I ha ve b~en goi ng to Englewood businesses , he said, and people I kn o , , asking for money and trying to defra y some o f th e cost of the trip . He said he was just wondering if the City of Englewood would be interested in s ponso rin g th e Colorado Cross County Team. The event is 5K. 3.1 mile s . In re sponse to Ma yo r Bums, Mr. Hoffman advised that he is a senior at EnglewooJ Hi gh School. Mayor Bums congratulated Mr. Hoffman o n rece1v111g th e mvitati o n to compete. He asked ab o ut \I r. Hoffman's budget for the trip . Mr. Hoffman advised that the total cos t for the trip is cl ose to S3.000 .0 0 . He explained that it is a twelve day co mpetitio n. with nine da ys m Aus tralia and three da ys in Ha wa11 . I wi ll be competing with some of the fastest g uys fro m, not onl y our co untry , but internati onall y. They are so me of the top 5K rurmers around. so, he said , he feel s very ho nored and he will ha ve to wo rk pretty hard to keep up with those guys. Mayor Bums said we are ho nored too . becaus e you are doing so we ll. Counc il Member Bradshaw sugge sted Counci l take it under advisement. She asked Mr. Hoffman how soon Council would have to let him know. Mr. Hoffman ad vised that the deadline to ha ve all the payments in is June I ". I will be leaving the 30'h of June , he said . Ma yor Bums ad vised Mr. Hoffman that the y would see what the y co uld do . He thanked Mr. Hoffman fo r coming and offered his congratulations . Council Memb~r Bradshaw congratulated Mr. Hoffman . Mr. Hoffman offered his apprec iation and he thanked Co un c il. 8 . Communications, Proclamations and Appointments (a) Letters from Community De velopment Director Bob Simpson and Planni ng and Zoning Commission Chair Carl Welker requesting that Council declare a vacancy o n the Planning and Zoning Commission were considered. • ) I • 0 • • • Englewood City Council April 16, 2001 Page S ... • .. • -.. Mayor Bums noted that Council has the leners in front on them regarding Commissioner Rininger. Mr. Rininger has been on the Planning and Zoning Commissio n for some time . I think he was even reappointed at one time, he said, but because of his ancndance problems we have been requested to declare a vacanc y. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO DECLARE A VACANCY ON THE PLAN"11NG AND ZONING COMMISSION. Ayes: Nays: Motion carried. Council Members Nabholz, Garren, Bradshaw, Wolosyn, Yurchick, Grazulis , Bums 1 one (b) A resolution appointing Patricia Mueller to the Englewood Plarming and Zoning Commission was considered. Mayor Bums noted that Patricia Mueller was previously named as an alternate to the Englewood Plannin g and Zoning Commission. The resolution was assigned a number and read by title: RESOLUTION NO . 29, SERIES OF 2001 A RESOLUTION APPOINTING PATRICIA MUELLER TO THE PLANNll\G AND ZO:S:11\G COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . COUNCIL MEMBER BRADSHAW MOVED, Ai'ID IT WAS SECONDED, TO APPROVE RESOLUTION NO. 29, SERIES OF 2001. Ayes : Council Members Nabholz. Garrett , Bradsha w, \Volo yn . Yurchick, Grazulis, Bums Nays: None Motion carried . (c) A proclamation declaring the month of Ma y as AL Awareness '.\tomb was ons1dered . Ma yor Bums noted that ALS is Amyotrophic Lateral Sclerosis , wlu c h 1 commonl y ailed "Lou Gebng ·s Disease ." COUNCIL MEMBER WOLOSYN MOVED, A:~D IT WAS SECOSDED, TO PROCLAL'\l THE MONTH OF MAY AS ALS AWARENESS MONTH. Ayes : Nays: Motion carried . 9 . Public Hearing Council Members Na bholz. Garren , Bradshaw , Wolo syn, Yurchick, Grazuli s, Bums None No public hearing was scheduled before Council. 10 . Consent A&enda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) THROUGH (iv), 10 (b) (i) THROUGH (iii), AND 10 (c) (i) THROUGH (iv). • 'I I • 0 ]- • • -. • • - Englewood City Council April 16 , 2001 Page 6 (a ) Approval ofOrdmances on First Reading (i) COUNCIL BILL NO . 17, INTRODLiCED BY CO fl\:CIL ;\IE'.\tBER GARRETT A BILL FOR AN ORDINA CE A'.\1EJ\:DING TITLE 3, CHAPTER -1 . SE CTIO . 3 ,.\ .. ,D ADD I\"G A NEW SECTION 18, OF THE ENGLEWOOD MUNIC IP AL CODE 2000 PERTAr\"f:-.:G TO THE CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIRE'.\IE'.'/T PL\'.'/. (ii) COUNC IL BILL NO. 18. fNTRODUCED BY COl.J~CIL '.\tE;,.mrn GARRETT A BILL FOR AN ORDL .ANCE APPROVING AND AUTHORIZE',G THE EXEC UTIO , OF INTERGOVERNMEVfAL SUBGRANTEE AGREEMENTS FOR THE YEAR 200 1 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEE:-J THE ARAPAHOE BOARD OF COl.J'NTY C0'.\1;\,IIS SIO . 'ERS AND THE CITY OF ENGLEWOOD . (iii) COUNCIL BILL \"O . 19 , INTRODUCED BY COUNCIL t-.lE'.\IBER GARRETT A BILL FOR AN ORDINANCE APPROVl1'G AND AUTHORIZING THE EXECUT IO\" OF TWO INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE 2001 ARAPAHOE CO , 'TY COMMUNITY DEVELOPM ENT BLOCK GRANT PROGRAM BETWEEN THE E:\GLEWOOD HO US ING AUT HORITY AND THE CITY OF ENGLEWOOD . (iv) COUNC IL BILL NO . 20 , INTRODUCED BY COUNC IL MEMBER GARRETT A BILL FOR AN ORDINA:-JCE AME'.\'Dl~G TITLE 5, CHAPTER 38. SECTION 3, S ·ssECTI01' B. OF THE E:-JGLEWOOD MUNIClPAL CODE 2000, WHICH PERTAI)IS TO OCCUPAT IO N TAX FOR 3.2 BEER ON PREMISES LICE;-.: E AND 3.2 BEER ON OFF PREMISES LICE'.\'SES . (b) Approval ofOrdmances on Se ond Reading (i ) ORDINANCE ~O. 15 . SERIES OF 2001 (COUNC IL BILL NO . 12 , INTRODUCED BY COUNC IL MEMBER GARRETT) AN ORDINANCE APPROVING THE PLANNED UN IT DEVELOPMENT (PU D) FOR CRA IG HOSPITAL CAMPUS LOCATED AT THE INTE RSE CT IO N OF SOUTH CLARKSON STREET AND EAST GIRARD A VENUE IN THE CITY OF ENGLEWOOD, COLORADO . (ii) ORDINANCE NO . 16. SERIES OF 200 1 (COL'NC IL BILL NO . 13. INTRODUCED BY CO 1 'CIL MEMBER GARRETT) AN ORDINANCE AME DING TITLE l I , CHAPTERS l AND lA , OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO TRAFFIC AND PARKING ENFORCEMENT . (iii) ORD! ANC E NO. 17, SERIES OF 2001 (COUNC IL BILL 0 . 16, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING A "LICENSE AGREEMENT" FOR TELEPHONE , WATER AND ELECTRIC ACROSS THE CITY DITCH TO POAG AND McEWEN LIFESTYLE CENTERS- LITTLETON L.L.C . • ., ) I • 0 -- • • • Englewood City Council April 16, 2001 Page 7 (c ) Resolutio ns and :,.1 ouons • • - (i ) PCRCllASE OF A STAKE BED TRCCK WITH LIFT GATE FROM CARLI~ DODGE rN THE AS10CNT OF $2 3.066 .00. (ii) P RCHA E OF 0:-.iE VOL VO LSOD FRO!'-T E:\D LOADER FROM POWER EQUIPMENT COM PA NY 1:-.i THE A.\10UNT OF S72 ,444 .00 . (iii) CONTRACT WITH KIMMEL MECHANICAL TO U PGRADE THE ALLEN FILTER PLA T HEATING SYSTEM !N THE AMOUNT OF $214 ,620 .00. (iv) P URCHASE OF A LOADER/BACKHOE FOR THE SA:silTARY SEWER COLLECTION CREW FROM WAGNER EQUIPMENT COM PANY N T HE AMOUNT OF S8 3.200 .00. Vote results: Motion carried. Ayes: ays : 11. Regular Agenda Council Members Nabholz. Garren, Brads haw, Wolosyn, Yurchick. Grazulis, Bums :sione (a) Approval ofOrd111an e on Firs t Read111 g ( i) Director Ros s pre sented a re co rnmendatton from the Depat1rnent of Publi c Works to adopt a bill for an ordinance authonz mg an En roa hment Agreement for 4996 ottth Kalamath Street. He advised that in March of 200 1. the property owner ltvmg at 4996 South Kalamath Street wa s observed building a retaining wall in the publt c n ht-o f-wa y. The propeny owner was notified tha t the construction was in violation of the Ci ty code and that he needed an encroa chment perrrut m order to construct that wall. Mr. Ross explained that. upon s ta ffre\'le\\ of the encroachment pcrrmt, 1t "a determined that the proposed encroachment exceeded staffs adnumstrattve authonty as provided m Tule 11. Chapter 3. Section 4 of the 1\•lunicipal Code and therefore the request needed to be brought before 1t Council. The proposed construction violates Title 16, Chapter 4 . cctt on I . Pan D. he aid . which deal s with sight distance . This section requires that "no ,·1sual obs rru uon over t\\o feet 1x 111ches m hei ght above the top of the neare s t c urb sha ll be erected. placed, planted, or allowed to grow which obstru ts the view of pedestrians on the sidewalk or obstructs the traffic v1s1on at intersections ." The wall that ts proposed is three feet high, so it exceeds that su pulatio n by s ix mches. Staff has reviewed the s ight distance situation at this intersection, he said , and we believe that thi s wall will not adversely 1mpa 1r the sight visibility for vehicles and for people taller than three feet . Therefore, he said, s taff recommends approval of the encroachment permit, subject to the terms and condittons contained in the perrntt. He offered to answer any questions Council might have . Council Member Garren noted that thi s is in his District. I have taken a look at it, he said. and I th ink this will work, because the property is at the bonom of a hill. There are, in essence, two hills comin g down to the intersection and you can see pretty well around it. This leads, of course, to what now has become, I think, a maJor issue for us as a Council , he said . This son of arose from the encroachment in the n gh t-of- way. which most people don't believe 1s in anybody 's right-of-way once you get be yond the sidewalk . This gentleman was, unfortunately, and I will use the word "caught," and then realized there was a whole bureaucratic area that he wasn't expecting to have to deal with . If you do a quick run around the Ci ty, he said, which I did. yo u will find that, everywhere , people are building little retaining walls, and things, right up against the sidewalk because we have a lot of angled propeny . I know I have that siruatton at my house, he said, where , because of all of th e din falling on the sidewalk, it was easier to put up railroad ties to keep • I • 0 • • • Englewood City Council Apri l 16 , 2001 Page 8 • • - it from happening and o ther people have built ni ce rock walls . l think we need to come up with some informa tio n in the Cmzen to tell people what the right-of-way is and how it wo rks and I thmk we ma y need to think about some City ordinance or something, and the City Attomey will have to give us gui da nce. o we don't have to th en ome after people for encroachment o rd inances . l assume that 1f you bmld something in the nght-of-way. even 1f you don·t have an encroachment agreement. you are liabl e ifwe have to tear down your wall to do consrru tion . He pointed out that the benefit of the document doesn't necessaril y change any of the legal responsibilities or legal obligations . So. he said . l think \\C nee d to loo k at something that informs the iuzens of what is goi ng on. Now the sight ordinance 1s slightl y different and l understand that. he said, so that was son of a pan of this entire problem we were dealing with . He tated that this is something we need to look at, and info rm ci ti z ens on how it works and what their responsibiliti es are if the y happen to build 111 th e nght-o f-wa y and whe re the right-of-wa y is located. Tlrnt is my view, he sa id , and l would suppon passing this tonight. Mayor Bums asked if there were an y other co mments. There were none . COUNCIL MEMBE R GARRETT :'\IO VED. A~D IT WAS SECO~DED. TO APPRO\.E AGE'.\DA ITD1 11 (a) (i) · COU~CIL BILL NO. 21. COUNCIL BILL NO. 21 , fNTROD CED BY COUNC IL '.v!E:\1BER GARRETT A BILL FOR AN ORDrNANCE APPROVNG A , ENCROACH '.\·IEi'-T PER.\IIT A?\D r:---DE'.\1:---IT\' AGREEMENT PERTA rN ING TO A RET Af:-;NG WALL A:---D FEJ\:CE I. THE CITY P 'BU RJ G I IT· OF-WAY. Vole results: Ayes: Nays : Mo tio n carried. Council '.vl embers 1'abholz, Garrett. Bradshaw, Wolo syn , Yurchick, G ra zulis , Bums No ne (b ) Approval of Ordinances on Second Reading There were no addittonal items submitted for approval on seco nd reading . (See A genda Item 10 -C onse nt Agenda.) (c ) Re solutions and Motions (i ) Director Gryglew1 cz presented a recommendation from the Depanment of Finance and Admm1strat1ve Services to adopt a resolution declaring Parks and Recreation projects as th e priority u se of th e C ity's general obhgatton bonding capacity. He sta ted that thi s resolution will declare th e Counci l's intent that the Parks and Recreation Depanmcnt wi ll ge t first considerat io n fo r the use of the Ci ty ' ge neral obligation bondmg capaetty for Parks and Recreation projects. They are lookmg at going to a ballot issue o n November 6, 200 I. Mayo r Bums asked what the actual purpose of this wo uld be. D irector Gryglewicz explained that it is Jus t to se t the priority that the bonding, for this year an yway. will be fo r the Parks and Recreati on projects that they are looking at. Coun cil Member Garrett asked how this relates to their Study Session discussion on mcrea s mg th e bo nding capacity of the City, as far as designating a priority use. Do we need to rewo rd it . he asked . Director Gryglewicz advised that thi s would ha ve no impact on that as this just declares. fo r the November 6 , 200 I e lection. that th is will ha ve first priority . We won 't ha ve another iss ue on this year, he said, and 1fwe . ' ) I • 0 J • • • Englewood City Council April 16. 2001 Page 9 '•· • • - actually put that otha Chaner ch an ge on the ballot ll \\OU Id not have an y impact until future years. So tlus will only impact this :S:ovember elecuon . The resolution was assigned a number and read by title : RESOL T ION :--:o . 30 , ERlE OF 2001 A RESOLUTION DECLARING A GOAL FOR 2001 THAT THE E:--GLEWOOD PARKS A:--:D RECREATION DEPARTME:-,JT WILL RECEIVE FIRST CO:-,JSIDERAT IO N WITH RESPECT TO ISSUAN CE OF GENERAL OBLIGATION DEBT FO R NON-EMERGENCY CAP ITAL IMPROVEMENT PROJECTS . COUNCIL MEMBER BR.\OSHAW !\10\'ED, A.'\'D IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION iliO. 30. SERIES OF 2001. Motion ca rried . Ayes : Counci l Members Nabholz , Garrett. Bradshaw, Wol oS}11, Yurcluck. Gra zuhs. Bums Nays : ~one (ii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrati ve Services to adopt a re so luuon transfe rring S5 00.000 .00 from the Consef\·auon Trust Fund to the Publi c Impro vement Fund to fund the Cente1mial Park Ballfield ProJect. I did nou ce. he sai d, that there is an error on this reso lution . Director Grygle\\ 1cz adn ed tha1 the reso lut ion needed to be corrected to show "PUBLIC IMPRO VEMENT FVl"D : ource or Funds : Tran fer m from Ge ne,al r;:,rnd 1he,,Cp.nsm~tion Trust Fund." He stat ed that the se are monies that are being tran sfe rred over to th e Publi c Improvement Fund for the construction and improvement to the emenm al Park Balltield Proje ct. The re sol ution was assigned a number and read by 111le · RESOLUTION NO . 31, SERIES OF 2001 A RESOLUTION FOR A TRANSFER AND APPROPRIATIO:S: OF Flr.\DS FOR THE CE:S:TE:--.~IAL PARK BALLFIELD PROJECT. COUNCIL MDIBER GARRETT MOVED. A.'\'D IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (c) (ii)-RESOLUTION NO. 31, SERIES OF 2001, AS CORRECTED BY DELETING GEt\ERAL FUND AND INSERTING COt\SERV A TION TR ST FUND. Ayes: Council Members I abholz , Garren. Brad sha w, Wolosyn, Yurchick, Grazulis, Bums Nays : No ne Motion carried and the re so luuon was approved as corrected . (111) Manager Lee pre sented a recommendauon from the Deparrmem of Parks and Re creati on to approve, by moti on, a co ntract with Randall & Blak e. Inc .. for So uth Sama Fe Dnve and Hampden Avenue Landscape Maintenance, in the amount of S 5,200 .00. He noted this ts for maintenance of the South Santa Fe Drive and Hampden Avenue medians and Randall & Blak e, Inc . was the !owe t te chnically acceptable bidder. Mr. Lee advised that Sabell 's Enterprises fomully w11hdrew their bid on tlu s proJect . because they did not have traffic withm that pomon and the y hld on ly mcluded rnamtenan e. So. therefore . RBI is the lowest technicall y acceptable bidder. Last year 11 was recommended that the maintenance be done at mght and that was written into the cont ract , he said. and we are ready to proceed wnh 11. He asked if th ere were any questions . • • I • 0 • • Englewood City Council April 16, 2001 Page 10 , ..... ·~ • .. • -' Council Member Yurchick said he had a question. just out of curiosity. He asked how this dollar figure compares wi th what was paid last yea r. Manager Lee advised that in the 1999 -2 000 season. the budgeted amount or the amount that was produced was $64,650.00, so it is slightly hi gher. He pointed out that that figure does not include the night maintenance, which was added later on in the contract. 1l1at amount is about $970.00 per occurrence. Council Member Wolosyn said when Council addressed that , she thought they had voted on a sum. $20,000.00, for nighttime d iffe rential. Manager Lee advised that they estimated it wou ld be about that . but as the company had billed it out it was $375 .00 in labor and another $595 .00 in barricading and warning lights. Council Member Wolosyn asked how often the y go out and if that was higher or lower than anticipated . Mr. Lee advised that the y were going out about once a month in the fall and winter. so the y were not going out very often. But. he noted. you can kind of figure almost S 1.000 .00 per occurrence. Co uncil :vt ember Wolosyn said then it is actuall y lower. I remember. she said , that the other pan of approving that was that we were also going to evaluate it to see if nighttime maintenance was an effective cost. \tanage r Lee said yes. So, Council Member Wolosyn said, it ends up that it was actually cheape r than anticipated. if it is $1,000.00 once a month. Mr . Lee noted that that was dunng the fall seaso n and the co ntrac t stipulates th a t during the sununenime season they will be out there on a weekly basis , whic h is probably going to increase our cost, because of trash pick-up, weeding. irrigation checks and so fonh . Mayor Burns said, on a related topic , he under tood that we don't have the ability, right now, to pull more money out of this project in order to put it back where II came from to do some m ore landsc aping in the clover leaf at Highway 285 and Santa Fe . That 1s s111l aw:111mg some oth er funher funding. \lanage r Le~ said that was his understanding from Publ ic Works . Mayor Burns stated that he would s till hke to , one of the se da ys, ha,e us go bac k to tha t is ue and ee 1f"e could fund some more landscaping o ut here. City Manager Sears advised that Frank Gryglew1cz will be updating the Council on where we are financially and one of the things we intend to do at our retreat w11l be to try to go back to the pnon11es the Council had put off. So, he said, Council can take a lo o k at some of those priorities to see 1f the y would like to reconsider them and that includes Santa Fe . He stated we are gomg to, at least, t~lk about that at o ur retreat. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (c) (iii) -A CONTRACT WITH RA,'IDALL & BLAKE. INC.. FOR SOUTH SANTA FE DRIVE AND HAMPDEN AVEN UE LANDSCAPE MAINTE~A.'\CE. IN THE A.1\10UNT OF SSS ,200.00. Ayes : Nays: Motion carried . 12. General Discussion (a) Mayor's Choice Counci l Members 1ab hol z , Garre tt , Bradshaw, Wolosyn, Yurchick, Grazulis , Burns None (i) Mayor Burns advised that last week he attended a session with CDOT, RTD and DRCOG, and they were putting together a new intergovernmental agreement between the three of them. He noted the last one was dated 1977 and these are required in order to receive Federal funds for transponation. They had a whole room of people down at DRCOG working on a fairly generally worded ,. I • 0 - • • • Englewood City Council April I 6, 200 I Page I I • ... • - lGA in order to comply with the Federal la w. It is interesting to wa tch COOT. RTD AND DR COG try to work to gether, it is so metime s almost a rel igious exercise . (ii) Ma yo r Bums commented that he was a linle bn confused b y some of the report they are getting on our project updates . Re ga rding th e Civic Center construction on the ele\'ator. he a,d. he recognizes that it is being fast tracked and shop drawings are being prepared. But. he noted. the 11me for completion. from the previo us memo last time , was ten to rwel ve weeks and this o ne says eight to ten . The previous anticipated lead time for delivery was ten to twelve weeks with completion in June , now 11 1s less time , eight to ten weeks , but c ompletion is in Jul y . 1 don't know how the timeframe was shrunk. he said. but the completion date was expanded. He asked if so mebody co uld tell him why those number seem to diverge. Director Ross said he can't, but that he would check on that for him. Mayor Bums said also, regarding his favorite , the Broadway bridge, it says that the State e lecmcal inspector has been scheduled. He noted the last two repons say that , but it doesn ·1 indicate when and the y both say that the lights will be turned on in the next rwo weeks. He pointed o ut that o ne week has pa ssed and it is still two weeks and it doesn ·1 indicate when this inspector is coming o ut. So I get a little confu sed by that report, he said. Director Ross advised that it is his understanding that the St at e mspe tor is supposed to be in this week, so we can get the light s turned on next week. Ma yo r Burn s as ked if that is a promise. Director Ross said no it is not a promise. Laug ht e r fo ll owed . (iii) Mayor Bums advised that . as Co uncil knows. he w ill not be here next \\eek as he will be out of town, so Mayor Pro Tem Bradshaw will be chainng the Study cs 10 11 . (iv) Mayor Bums noted he was glad the y did comment on House 8111 0 1-1 r6 on the filters tonight. (v) Ma yo r Bums advised that the next DR COG board mectmg 1 \\'edne day 111 ght and that he had passed out a memo on their retreat which will be in Winter Park m the first part o f May, but the y pay for the lodging and the y pay for the meals . So if it is all right with Coun 11. he said. he would J USI charge his rruleage and a few misce llaneous expenses and that is all it costs . He noted the y will al so pay for the alternate , which the y had started la st year. They want to encourage the alternate to be 111,·oh·e d. he said, so if Council Member Wolosyn would like to go the y will pay for her as well. Co un c il Member Wolosyn said she was going to go this year . Council Member Garren noted that he didn 't think Council Member Wolosyn had turned ha report in from NLC. Ms . Wolosyn advised she will have it, that it is on hard drive . She sa id don 't worry. Co un ci l Member Bradshaw commented that Council needs to see it. 'vi s. Wolosyn said yes, you will. Ma yo r Bums noted he was proud to say he got his in with a bunch of ana hmems that he got at the :-;LC Legislative Conference . (b) Council Member's Choice (i) Council Member abholz: 1. She advised that one of her issues is already being worked on, which is the problem we ha ve up on West Wesley and Bob Simpson is currently working on it . 2. She said we all know Roy and Ethel Altenbach and, on a sa d note, Ethel passed away last night and so she would like Council's suppon to send some flowers . As far as 1 know there will be a memoria 1 service, she said. probably over at Drinkwine. She said s he would let Sue Bradshaw, in the C iry Manager's Office , know when that will be and we can get an E-mail out or at least a phone mail message to let • I I • 0 • • -• Englewood City Council April 16, 2001 Page 12 • • -.. everybody know when that will be. Council Member Nabholz noted the y were Citizens of the YeJr o ne year and very instrumental to the Historical Society and the En glewood History Book . Mayor Bums suggested that it would be lppropriate to get a card for Counc il to sign. I \\OUld ure lt ke to see that. he said. (ii) Council Member Garrett noted that at the Srud y Sess ion the y rJ 1sed the iss ue about preparing a letter to send to oppose cenain legislat10n dealing wnh Internet ac cess and so me fi lt eri ng matters . COUNCIL MEMBER GARRETT MOVED, AJ'I/D IT WAS SECONDED. THAT COC~ClL SUPPORT HAVING THE DIRECTOR OF LIBR.\RY SERVICES DRAFT A LETTER FOR COUNCIL'S SIGNATURE OPPOSING CERTAIN L[GISLA no-. D[ALl!\G WITH 1'-TER'l;[T ACCESS AND SOME FILTERING MA TIERS. Motion carried. Ayes: Nays: Council Members Nabhol z. Garrett . BrJd haw. Wolosyn. Yurchick. Graz uli s. Bums None ( iii) Council Member Bradshaw: I . She said kudos IO M ike Fl:J.herry, as he di d a mce JO b o n th e si dewalk sale . 2. She passed out some infomution to Co un cil. he note d that she , th e liai son with the Hous in g Authority . Ms. Bradshaw commented that we all felt th e pm ch when Xc el sent us our bills in Januar y. December was a warm-up, January was over the top , February and 'vtarc h weren ·t a lot better and Apnl was pretty sad too. The Housing Authority 1s al so IJl\"Olved with publi c hou s mg . she said, Orchard Plac e. Simon Center, and they JUSt bought an apartment building and an office building and the y have been hit really hard by the increase in the electncity and gas . So . she said. what I have circulated to you is an action item for the Board at our last meeung. I said that I would take this to Council because the Housing Authority land is not taxed, like the rest of us are . but the y pa y what is called a PILOT. a payment in lieu of taxes . So I would like the Council to consider reducing that by a percentage. she said, and I would ltke you to think about this and get back to me about reducing their PILOT, bec au se this 1s a considerable increa se we have all experienced. If you will look on the back of the sheet it shows you what their amendments are going to have to be, she said. In one case they are looking at an $8 ,000 .00 increase in one budget. as well as $4 ,800 .00, $7,300 .00 and $4,900 .00 in others . Granted, two of those , the Normandy and the oflice building, are profit. So , she said, the ones I am concerned about are the public housmg and the Simon Center, as their PILOT is $19 ,000 .00 . Mayor Bums corrm1ented that he noticed there was a correc tion . Council Member Bradshaw said that is right. Council Member Bradshaw stated that she said she would bring the issue before Counc il because I think we need to take a look at this. She noted the duplexes are also public housing. Mayor Bums said public housing means mainly Orchard Place. Ms. Bradshaw said Orchard Place and the duplexes . Council Member Bradshaw suggested Council look at this the first of next month, as it wasn "t necessary for them to make a decision tonight. She asked that they think about it . 3. She thanked Stu Fonda for the memorandum on the discharge permit, as the paper can't seem to get it right. Ms. Bradshaw clarified that she was not talking about the Herald; she was talking about the "Denver News" or whatever it is called now. I did appreciate the information clearing up the issue , she said . • I I • 0 • • Englewood City Council April 16, 2001 Page 13 ' . . •' • • - 4. She offered kudos to Bob Simpson for the excellent job he did. as far as helping us on the General Iron Works site. It was very insightful and an excellent process, she aid . (iv) Council Member Grazulis : I . She said she went with Paulena Puncerelli toda y and they did some areer Da y rnformaiional things , regarding the City, at Flood Middle S hool. Ms. Grazulis noted ihai n was. of ·ourse, very insightful. I put some questions out there and they came back wnh a lot of 111qu1nes regarding recreatilln things , so I will get with Jerrell Black, s he said. But one thmg was that Ms. Puncerelli was talkmg to them about the water being flushed out this week. She ga,·e them in struction s for the students to share with their parents. She told them the water is safe to drink. that the y just need to flu hit out anywhere from a couple of seconds to twenty minutes, which I thought was a Jong time for a residence . M s. Grazulis stated that a lot of people she has talked to are still buying bonled water because of the old water situation that we used to have. We do need to have an educational program regarding the water, she said, and we do need to sho w everybody that we are drinking City water at all times . I lo\'e bo11led water, but perhaps we could make sure that, for instance, during Study Sessions that we drink Ciry water and people could see that we are actuall y drinking the water from our own re servoir. 2. She said she would like to state , publicly, something positive about Code Enforcement. 1 really appreciated and enjoyed the memo from Dave Lynn. He provided a breakout of all the extra services thlt are enjoyed by Englewood citizens that we do not know about, unless it is broken out in that type of memo . Ms . Grazulis read from a note she had wrinen. "I thank yo u for so many positive responses, rather than ticket issue s. Tlus 1s why people not only wish to live in Englewood, but the y stay in Englewood . o it is really a good PR move, besides those people were just outstanding in some of the things the v did do ." 3. She suggested that one way to cut down on the barking dog summons would be to educate people about the debarking procedure . It is a very safe procedure, she said, and my dogs ha\'e gone through 1h1 procedure. She suggested that maybe some of our barking dog complaints would be reduced and perhaps we could prepare a leaflet or a fl yer to show them how to do that . She opined that it reall y ,snot that expensive when you consider the potential cost of a summons. It 1s not c ruel, s he said , th ey sull 1h111k the y are barkmg. 4 . She said she wanted to thank Ken Ross for the nice parking pass situauon solution as s he thought it was 111 el y done . 5. She said, regarding the sidewalk sale , that she was aware it had been extended, at lea st. as far south as the 4000 block of South Broadway. There were some businesses down in that section. beyond the downtown area, that had some things out and they were trying to participate in the sale . So, she suggested. any bit of help we can give them, next time around, to make sure that all of Englewood is able to participate would be appreciated too . Mayor Burns said he wanted to mention, regarding the development report for March, in reference to the bus bench shelters and kiosks that are appearing on South Broadway and some new bus shelters that ha ve suddenly appeared, that he has seen decorative metal newspaper corrals for these locations with multiple newspaper boxes. He noted that in front of the Post Office, especially, there is an array ofmult1-colored, sort of ugly boxes . He asked if we are going to have one of those there too . Director Simpson advised we are going to be doing that in several locations, we are still coordinating street furniture and corrals. He said we were talking today, in fact , about trying to make sure that a lot o f these are in place by early summer. : I • 0 • • • • • - Englewood City Council April 16 , 2001 Page 14 Cou ncil Member Grazulis said they look ni ce. Council Member Yurchick asked how the newspaper boxes are regulated . He asked 1f the y can JU t put them where the y want to and if they have to go through the City or what . Director Simpson advised that pretty much they can put them where the y want. we try to "o rk wnh chem to make sure they are congregated, but it is a difficult issue and it is a first amendment cs ue of free press . Council Member Wolosyn asked if that is a right-of-way iss ue. Director Ross said it is also a freedom of the press issue so we try to tread ,-ery carefull y. "e would like 10 hit them up with the right-of-way iss ues , but they j ust wo n 't back down . 13 . City Manager's Report (a) City Manager Sears thanked Hank Long for pulling to ge ther th e lener, a s Cou n ii directed. opposing ce rtain legislation dealing with Interne t access and some filterin g maners . (b) City Manager Sears said , speaking ofpayn1ent in lieu of taxes , chat we recel\ed SS ,000.00 from South Suburban for Cornerstone Park. He said he would give a copy of the mfo rn1at1 on to Council. He offered hi s thanks to staff, Chns O lson, Ken Ross. and Jerre ll Black m pamcular. for identifying all the services we provide Cornerstone . We were ve ry happy to get that. he said . Council Member Garren asked 1f we pro\'lded them an icemized list. City '.\!tanager Sear said "e did . he ha s asked for that in the past . Co un ci l Member Garrett asked ifwe are including that as part of the cost o r providing services. He was told yes. City Manager Sears advised that they, also , identified the number of times Englewood re s idents had used the pun-pun golf course. Council Member Bradshaw asked how many times . She opined 1t was not very many times . City Manager Sears said It was so mewhere in th e neighborhood of 350. He offered to pro,·ide Council with the letter. (c) Cny Manager Sears said next '.\l!onda y night we reall y don ·1 have a 'tud } ess1on. TI1e only thing that is proposed is the 1nterv1ews for the Alliance for Commerce 1n Englewood Comm1 ss 1on . (d) Ci ty Manager Sears advised that the y are sti ll finalizing the schedu le arurda y. che 2 '". We will be meeting here on the 28"' at 8 :30 a .nL and intend to have Council out between 3 30 p .m. and 4 :00 p.m. in the afternoon and that includes a tour. We had intended to include Centennial Park. but, he said. now I think that is being taken care of with a preny exciting celebration that Frida y. We intend to take a look at the new aquatics park, some transportation issues , the proposed expansion of the wastewater facilit y, he said , along with the Humane Society and also , if we can get onto the sne, General Iron Work , so that will be a preny full afternoon. We will also work wnh Larry Fullerton m the near future to do a tour, he advised . Mayor Bums mentioned that he. Gary Sears and Beverly Bradshaw would be ha vi ng lunch with Cal Marsella and John Claflin at 2:30 p .m. Friday afternoon. Mayor Burns noted that they re ceived a memo indicating that Senator Campbell and Senator Allard are supposed to be at the Littleton Light Rail Station to present the final $20 million check to RTD for the completion of the southwest corridor light rail project . So that is a nice adjunct to have right after the lunch. he said . ) I • 0 - • Englewood City Council April 16, 2001 Page 15 • .. • - City Manager Scars commented that it may be a relatively quick lunch. but there are a number of issues to deal with . Council Member Bradshaw stated she still has concerns about the location of the maintenance fa ,lit y and the parking lot. 14 . City Attorney's Report (a) City Attorney Brotzman said, regarding the meeting on the 2 "'. that he reall y doesn't like to schedule this on an open meeting day, but he was going to have to reque st an Executl\'e ess,on on tw o items . One is language on liquidated damages on the Equitable agreement. second ,s we had a med,auon today on the Equitable lawsuit and we would like to bring in our attorne ys to discuss se ttlement negotiations with Council on that as well. ***** Council Member Bradshaw asked if they had to do anything else on this disciplinary appeal or ,fwhat the y received was just FYI. City Attorney Brotzman advised Council that the next ume the y \\Ould be ge mng a list of hearing officers to choose from. ***** Council Member Garren said be wanted to mention that on June 11 ••, at the Englewood Golf ourse . there will be a golf tournament to celebrate Keep Englewood Beautiful. Mr. Garrett said there is a crac k foursome panicipating again this year and most people don 't even sign up because of the fear of that particular foursome . Laughter followed . He advised that the tournament starts at about 7:3 0 a.m. 15 . Adjournment The meeting adjourned at 8:35 p .m. ,. ) I • 0 • • • 0 - PRO C LAM A TION WHEREAS . on e in ilix Amencans . o r 4-1 million peop le . 1s 60 y ea rs or old e r : and WHEREAS, new ch a llenges a nd growing n eed s may be diffi cult fo r m any olde r . .\m e n cans and for those who car e for them , the ir s p ou ses. adult childre n , othe r family membe r s and friend s; and WHEREAS . working t oge ther. we ca n meet the n ee d s as we ll as ac knowl edge the contribution of our old e r Am e r ica n s : a nd WHEREAS . si n ce 1963. t he month of :Vl ay h a s be e n set as ide by the Pres id e nt to h on or older Americans; a n d WHEREAS , this ye ar the Admimstratton on Agin g. by ::iuth onzauon o f the Pres id e nt. would Lik e to r ecog ni ze the month of May as Old er . .\me n ca n s :\I o n th . :WO !: The \l:.in y r ::ict>s of Aging : and WHEREAS , this theme acknowl edges the promi se a nd t h e ch a ll e nges posed by o ur r a pidly increasing multi-c ultura l a nd multi-ge ne ration al aging populatton : and WHEREA S , d l\·ers 1ty co lor a nd e nri ch es our world , our n a u on a nd e a c h o f our co mmunities ; l\:OW THEREFORE . l , Thomas J . Burns. :\l ayo r of the tty of I::ntil e woo d oloradu. h e reby proc la im MAY 2001 as: OLDER A.l\1ERICA:-.S MOSTH : THE MANY FACES OF AGISG in th e C ity of Englewood , Co lorado. I urge all of our res iden t to Jo in u s as we r co gnize o ur Older Amencans in the C ity of Engle woo d dunng th month of :\lay. 200 1. G IVEN unde r my h a nd and seal thi s ith d ay of ~l ay , 200 1. • n I • '\ • • • >· ~., ... April 19, 2001 The Honor:ible Thomas J. Bums Mayor. City of Englewood 1000 Engle1.1,ood Parkw:i y Englew ood. Colorado 80110 Dear Mr. Bum s: .. ! I I t . • • -... /~ r .-· , , .. _:: ,'., :.-,~ . ~ • -·1i$ti - ~".) \ 'I \ ... ·~ .;.:/~ • . .:.: , .-. . ... , . . ~-~~, : I \ .1,. ,·1 \r,• . "-.. ·(/' ~~-. . ' z~-' 4, ''"\\\\lllllllll///f11, 8 b A~' NREN ;~ ~~~ ....... f~..,., '<~~n lt.~r.. ... , ',.,·.····--~:, ,. 't..:."1"HQR\' -,,,,,,,IIIIIIUII The Engle11 ood lJrban Rene wal Authority is now involved in a challenging redevelo pm en t pro- ject that will ha ve great impact on the Cit y of Engle1~ood . An acme and .:omm 1ned .\uthonty membership 1s vitally 1mpor1ant to the success of the GIW Rede velopment proJeCt. and other is- sues that ma y co me before the Authority . l.vlr. Robert Lindse y is not attending the ,\uthority meetings . Sin ·e Fe bruar~ 2000. the Auth onr1 has had n111e meeungs : Mr . Lindse y has missed s ix of those meeting . He 1s not1r1ed o r' .ill ot the meetings. both by delivery of a meeting packet. and by telephone . The ECR .\ 1s asking that Mr. Lindse y's posn io n be declared vacant. and that Alternate :vtember Ron Fish be appointed to fill this vaca nc y. The Authority would be mo st apprec1auve 1f this could be ac co mplished at the meeting of May 7 , 200 I . Thank you . cc : Cit y Auomey Dan Brotzman Assistant City Attorney Nancy Reid •· ,. " . . I • C, J- • • April 19 , 2001 Mr. Robert Simpson. E xecutive Director Englewood Urba n Renewal Authorit y Members of the Englewood Cit y Counc il 1000 Englewood Parkway Englewood. Colorado 80110 • • • Dear Mr. Simpson and members of the Englewood C ity C o un c il : .. The Englewood Urban Renewal Authority is now in vo lved in a c hallenging rede vel o pme nl pro- ject that will have great impact on the City of Engle wood . An ac u ve and co m mined Auth o ni y membership is vitall y important to the suc c e ss of the Grw Re de vel o pment proJe c t. and o th er 1,- sues that may c ome before the Authority. Mr. Robert Lindsey is not attending the Authonty meettngs . Sinc e February 2000 . the Auth o nt y has had nine meetings : Mr. Lindsey has missed s ix of tho se meetings . He is not ified o f all of the meetings. both by delivery of a meeting packet. and by telephone . The EURA is asking that Mr. Lindsey's position be dec lared vac ant. a nd that Alternate Membe r Ron Fish be appointed to fill this vacancy. The Auth o rit y wo uld be most apprec iatt ve if thi s could be accomplished at the meeting o f May 7, 2001. Thank you . Sincerel y, a~----7Jull& Robin Weddle. Chairman ;'~ Englewood Urban Renewal Authority cc : City Attorne y Dan Brotzman Assistant City Attorney Nancy Reid • . ' . I • 0 l • • DATE 01/10/2001 04/18/2001 TOTAL • h ••• ... • -' 0 2001 Attendance ENGLEWOOD URBAN RENEWAL AUTHORITY ATTENDANCE--2001 BERTQ~U~! Fl;~--·IGARRETI HARALDSEN LINDSEY ROTH WEDDLE WOODWARD -A---~-P P A P P P --p--'--p -A P A P P P ------- 0 Pa ge 1 • • • • • • -.. 2000 Allendance DATE---EIERTOLUZZI GARRETT GRAEBNER LINDSAY -ROTH 02/02/2000 p p p p BERTOLUZZI GARRETT . X HARALDSEN LINDSAY ROTH 05/03/2000 -. P X p---A p 0612f 12000 -P X p p p 08/02/2000 P X p A p 09/13/2000 P X p p p 10/25/2000 P X p A p 11/08/2000 -P 12/13/2000 - X p A p CANCELLED C, WEDDLE p -WEDDLE p p p p p p '1 WOODWARD p p p p p p TOTAL --7 PRESENT 4 PRESENT 1 PRESENT 6 PRESENT 3 PRESENT 7 PRESENT 7 PRESENT 6 PRESENT 3 ABSENT 4 ABSENT Page 1 •· 0 - • • • ---------------------------.----------·------ DATE 02/03/1999 03/03/1999 • • - 0 1999 EURA ATTENDANCE GARRETT ,~R~:B~~: IKNUPPERTZ !LINDSAY IROT~IWE.DDLE Cancelled •· no Quorum A P ---A P P -p - BERTOLUZZIGAARETT LINDSAY ROTH WEDDLE 11/03/1999 P P GRAEBNER p A p p • • . ' ' 0 • .. • • ... 0 1998 Allendance ENGLEWOOD URBAN RENEWAL AUTHORITY ---1998 ATTENDANCE RECORD ---- ---· -·-. GARRETT GRAEBNER HAVENS K NUPPERTZ ROTH SOULLIERE WEDDLE---DATE: --- 02/04/1998 p p p _A p A p ---· . . .. ·---------- GARRETT GRAEBNER HAVENS KNUPPERTZ ROTH ----BELT WEDDLE LINDSEY -----. l 07/1 5/1998 -p p p ----p p A A p • • 0 Page 1 • • 2 • • RESOLUTION NO .~ SERIES OF 2001 ' . • .. • - A RESOLUTION APPOI.:-ITING RONALD FISH TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS. there is a vacancy in the Englewood Urban Renewal Authority ; and Ronald Fish has applied to serve as a member of the Englewood Urban Renewal Authority ; and WHEREAS, Ronald Fish was previously named as an alternate to the Englewood Urban Renewal Authority; and WHEREAS , the Mayor with the approval of the Englewood City Council desires to appoint Ronald Fish to the Englewood l.irban Renewal Authority: NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : $ectjon ). Ronald Fish is hereby appointEd to the Englewood Urban Renewal Authority. Ronald Fish's term will be effective immediately and will expire February 5, 2004. ADOPTED AND APPROVED this 7th of May, 2001. Thomas J. Burns, Mayor A'M'EST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.~ Series of 2001. Loucrishia A. Ellis ,. Be ) I • 0 0 • • • RESOLUTION NO . J;3 SERIES OF 2001 --------• • - A RESOLUTION APPOINTING KATHY ASHENFELTER TO THE ALLlANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, the Alliance For Commerce In Englewood was established by the Englewood City Council with the passage of Ordinance No . 5, Series of 200 I ; a nd WHEREAS . the Alliance For Commerce In Englewood advises the Englewood City Council , focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, Kathy Ashenfelter has applied to serve as a member of Alliance For Commerce In Englewood; and WHEREAS, the Englewood City Council desires to appoint Kathy Ashenfelter to Alliance For Commerce In Englewood ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT: Sectjon 1. Kathy Ashenfelfter is hereby appointed to Alliance For Commerce In Englewood. Kathy Ashenfelter's term will be effective immediately and will e xpire May 7, 2004 . ADOPTED AND APPROVED this 7th of May, 2001. Thomas J . Burns, Ma yo r 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 of 2001. Loucrishia A. Ellis • .. I • 0 • • • RESOLUTION NO. _ SERIES OF 2001 • • - 4 A RESOLUTION APPOINTING DEB GUINTHER TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , the Alliance For Commerce In Englewood was established by the Englewoo d City Council with the passage of Ordinance No. 5, Series of 2001 ; and WHEREAS, the Alliance For Commerce In Englewood advises the Englewood City Council, focusing on the creation of an environment in which existing business ca n thrwe and new business can prosper; and WHEREAS , Deb Guinther has applied to serve as a member of Alliance For omm e r ce In Englewood ; and WHEREAS, the Englewood City Council desires to appoint Deb Guinther to Alliance For Commerce In Englewood ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Sectjon l. Deb Guinther is hereby appointed to Alliance For Commerce In Englewood . Deb Gumther's term will be effective immediately and will expire May 7, 2003. ADOPTED AND APPROVED this 7th of May , 2001. Thomas J. Burns. Mayor A'ITEST: Loucrishia A. Ellis , City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No .~ Series of 2001. Loucrishia A. Ellis 8e ) I • C, - • • RESOLUTION NO . SERIES OF 2001 I• . .. . . • .. • -' A RESOLUTION APPOINTING NICK PANETTA TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Alliance For Commerce In Englewood was established by the Englewood City Council with the passage of Ordinance No . 5 , Series of 2001 ; and WHEREAS , the Alliance For Commerce In Englewood advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, Nick Panetta has applied to serve as a member of Alliance For Commerce In Englewood; and WHEREAS, the Englewood City Council desires to appoint Nick Panetta to Alliance F or Commerce In Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Sectjon 1. Nick Panetta is hereby appointed to Alliance For Commerce In Englewood . Nick Panetta's term will be effective immediately and will expire May 7 , 2004 . ADOPTED AND APPROVED this 7th of May , 2001. Thomas J . Burns. Mayor ATTEST: Loucrishia A. Ellis. City Clerk I, Loucriahia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 2001. Loucrishia A. Ellis .. ~ . • .. 8f I • 0 X - • • • -----,,---·--------------:-------~~-..--~~~------~~----- RESOLUTION NO ._ SERIES OF 2001 • • • .. A RESOLUTION APPOINTING STEVE SCHALK TO THE ALL!Ai''1CE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, the Alliance For Commerce In Englewood was establis hed by the Englewoo d City Council with the passage of Ordinance No . 5, Series of 2001 ; and WHEREAS , the Alliance For Commerce In Englewood advises the Englewood Ci ty Council, focusing on the creation of an environment in which existing bus ine ss can thrive a nd new business can prosper; and WHEREAS, Steve Schalk has applied to serve a s a member of Alli ance For Co mm er ce In Englewood; and WHEREAS, the Englewood City Council desires to appoint Steve Sc ha lk to Allian ce For Commerce In Englewood ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO UNC IL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Sectjon 1. Steve Schalk is hereby appointed to Alliance For Commerce In Englewood. Steve Schalk's term will be effective immediately and will expire May 7, 2002. ADOPTED AND APPROVED this 7th of May , 2001. Thomas J . Burns, 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 of 2001. Loucrishia A. Ellis • ' 8g I • 0 X - • • • ~---r---------:---------..----------~~.~~~~ RESOLUTION NO. _ SERIES OF 2001 • • - .. .. A RESOLUTION APPOINTING RA!'®ALL TAYLOR TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE ) FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, the Alliance For Commerce hi E~glewood was established by the Englewood City Council with the passage of Ordinance No . 5, Series of 2001 ; and WHEREAS , the Alliance For Commerce In Englewood advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive a nd new business can prosper; and WHEREAS, Randall Taylor has applied to serve as a member of Alliance For Co mm e rce In Englewood; and WHEREAS, the Englewood City Council desires to appoint Randall Taylor to Alliance For Commerce In Englewood ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT: Sectjon 1. Randall Taylor is hereby appointed to Alliance For Commerce In Englewood . Randall Taylor's term will be effective immediately and will expire May 7, 2002. ADOPTED AND APPROVED this 7th of May , 2001. Thomas J. Burns, 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 of 2001. Loucrishia A. Ellis • I 8h I • 0 - • • • RESOLUTION NO. SERIES OF 2001 ~ ' . • • - .. g,· A RESOLUTION APPOINTING DOUG VANDERZWAAG TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Alliance For Commerce In Englewood was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 2001 ; and WHEREAS, the Alliance For Commerce In Englewood advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, Doug Van Der Zwaag has applied to serve as a member of A!Jiance F or Commerce In Englewood; and WHEREAS, the Englewood City Council desires to appoint Doug Van De r Zw aag to Alliance For Commerce In Englewood; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $ect,ion l. Doug Van Der Zwaag is hereby appointed to Alliance For Commerce In Englewood . Doug Van Der Zwaag's term will be effective immediately and will e xpire May 7 , 2003. ADOPTED AND APPROVED this 7th of Ma y , 2001 . Thomas J . Burns, 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 of 2001. Loucrishia A. Ellis • .. I • 0 - • • • RESOLUTION NO._ SERIES OF 2001 _____ ,, • • - .. .. A RESOLUTION APPOINTING JO:-: YOUNG TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, the Alliance For Commerce In Englewood was established by the Englewood City Council with the passage of Ordinance No . 5, Series of 200 l ; and WHEREAS, the Alliance For Commerce In Englewood advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive a nd new business can prosper; and WHEREAS, Jon Young has applied to serve as a member of Alliance For Comme rce In Englewood ; and WHEREAS, the Englewood City Council desires to appoint Jon Young to Alliance For Commerce In Englewood ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : $ectjon 1. Jon Young is hereby appointed to Alliance For Commerce In Englewo od. Jon Young's term will be effective immediately and will expire May i . 2004 . ADOPTED AND APPROVED this 7th of Ma y, 2001. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood , Co lorado , hereby certify the above is a true copy of Resolution No.~ Series of 200 l. Loucrishia A. Ellis • ,. . ' 8j , I • 0 - • • • RESOLUTION NO. SERIES OF 2001 • • - .. .. A RESOLUTION APPOINTING JIM REES AS AN ALTERNATE TO THE ALIJANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , Jim Rees has graciously offered to serve on the Alliance For Commerce In Englewood ; and WHEREAS, currently there are no vacancies on Alliance For Commerce In Englewood ; and WHEREAS, the Englewood City Council desires to appoint Jim Rees as an alternate member to ACE : and WHEREAS, City Council has requested staff to send alternate members packets for the board that they will be serving on so that they can maintain an understanding of the current issues and rules ; and WHEREAS, while the alternates will not be able to vote at the meetings. they a r e nevertheless requested to attend as many meetings as po ssible to get a feel for the membership and issues; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : $ectjon l. The Englewood City Council here by ap poi n ts Jim Ree s as alternate membe r to Alliance For Commerce In Englewood . ADOPTED AND APPROVED this 7th of May, 2001. Thomas J . Burns, 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 of 2001. Loucrishia A. Ellis •· . , 8k ) I • 0 32X • • • ORDINANCE NO._ SERIES OF 2001 '• .. • • - BY AUTHORITY ABILLPOR ' )Oti COUNCIL BIU.. NO. 22 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND PERTAINING TO THE SOUTH PLATTE RIVER/SANTA FE CORRIDOR OPEN SPACE PLAN. WHEREAS, the City of Englewood submitted an application for assistance in funding a Park, Trail and Open Space Plan for the South Platte River/Santa F e Corridor in Englewood; and WHEREAS , the mission of the project will be to position the South Platte Riv e r corridor, throughout Englewood , as a natural resource worthy of protection for the improvement of the quality of life for both local and regional users; and WHEREAS, the City of Englewood submitted an application and has been awarded a Great Outdoors (GOCO) Grant in the sum of $16 ,000 to fund the South Platte River/Santa Fe Corridor Open Space Plan; and WHEREAS, this Ordinance will authorize the Intergovernmental Grant Agreement between GOCO and the City for the development of the South Platte River/Santa Fe Corridor Open Space Plan; NOW, THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section l. The Intergovernmental Grant Agreement between the City of Englewood , Colorado and State Board of the Great Outdoors Colorado Trust Fund (GOCO) pertaining to the South Platte River/Santa Fe Corridor Open Space Plan , attached as "Exhibit A", is hereby accepted and approved by the Englewood City Council . Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and se a l the Intergovernmental Grant Agreement for and on behalf of the City of Englewood , Colorado. Introduced, read in full , and passed on first reading on the 7th day of May , 2001. -I - ,. ) I • 0 • • -• • :1.1 .. • - COUNCIL COMMUNICATION DATE: AGENDA ITEM : SUBJECT: Grea t Outdoors Co lorado Pl anning May 7, 2001 10 a i Grant INITIATED BY: STAFF SOURCE: Comm unity Deve lop ment Council Goal and Previous Council Action: Council has taken no previous action on this matter. Recommended Action: Lauri Dannemiller , Senior Manager Staff recommends that City Council approve the attached bill for an Ordinance accep ti ng S 16 ,000 from The Great Outdoors Colorado Trust Fund (GOCO), for th e de velo pm ent of a South Pl att e Ri ver/Santa Fe Corridor Open Space Plan. Background: In November o f 2000, City staff applied to Grea t Outdoo rs Col o rad o for assis tan ce in funding an Open Spa ce Plan along the So uth Platte Ri ve r and Santa Fe Corrid or. Th e plan an ti cipa tes development of a publicly supported visi on that guides trail enhancements, reco mmends park/ope n space acquisitions, improves recreati onal activity ce nters , and pro tec ts fish and wildlife habitats along this vital riparian corridor. In March of 200 1, GOCO ann o un ce d that Eng lewood had been selected to recei ve a grant of S 16 , 000 towards a $51 ,000 total project budget. The planning process will begin in late May and develop ove r th e remaining 6-8 months, with a professional land use consultan t guiding th e process Along with th e City o f Englewood, th e City of Sheridan has offered th eir in-kind support to th e project. as both communi ties ar e aware that over lappin g borders would make separate visions duplicative . In additi on to th ese participants, thi s plan will engage num ero us agencies with a stake in th e co rridor to de\ elop a shared and jointl y deve loped visio n . In conj un cti on with ex tensi ve mapping of the co rrid o r, the plan will proceed thro ugh fou r phases including th e identification of plan area p ri ori ti es, devel o pment of alternative visi o ns , selection o f a preferred ision, and guide lin es and re co mmendati o ns fo r implem entati o n of th e v isi on . Financial Analysis: This project has leve rage d th e support of three financial sources to support th e $51 ,000 project budget. Great Outdoors Co lorado has committed S 16 ,0 00, th e Arapahoe County/City of Englewo o d Community Deve lopment Bl ock Grant will provide $25 ,000, and th e 2001 Co mmunity D eve lo pment p lanning budget will co ntribute th e rema ining $10,000 in matching funds nece ssitat ed b y GOCO. Attachments: Bill for Ordinance ~ .. ... I • 0 ' • • • ,,-- • I• ~· .. .. ( • -.. Published as a Bill for an Ordinance on the 11th day of May , 2001. Thomas J . Burns, Mayor A'M'EST : Loucrishia A. Ellis , City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, he reby ce rtify that the above and foregoing is a true copy of a Bill for an Ordina nce, introduced, r ead in full, and passed on first reading on the 71h day of May, 2001. Loucrishia A. Ellis -2- ' .. . I • 0 • • • Name: Completion Date: Contract '.'lumber: Board : Address: Telephone : Grantee : Address : Telephone : Contact ~ame: Contact Title : Date : • l • ,. ,~ • -.. GR~'iT AGRED1ENT PROJECT: South Platte River/Santa Fe Corridor Open Space Plan No later than August 13 , 2002 1355 PARTIES TO AGREE'.\lE:'liT: .. The State Board of the Great Outdoors Colo rado Tru st Fund 1600 Broadway, Suite 1650 Denver, CO 80:?0! (303 ) 863 -7522 City of En g lewood 100 0 En gle wood Parkway En glewood, CO 80110 (303 ) 762-2352 Lauri Dannemiller Plannin g Analyst March 9, 2001 CO~TEXT OF AGREDIE~T : :\. The State Board of the Great Outdoors Colorado T rust Fund (the ··B o ard "") is :i p olit ic:il subdi\·isio n of the S t:ite ofColor:ido, cre:ited b y Art icl e XXVII of the Co lo rado Constirutio n. adopted at the :\over.iber. 1991 Gener:il Elect io n. which article :ipprop ri :ites a port io n of th .: net proceeds of the C olorad o Lottery to the Board and directs the Board to im ·est those proce eds in the State 's parks . wildlife , o pen space and re reat io nal resources . 8 . In 199 .1. the Board created a statewide grant program. pursuant to wh ich eligible e ntities could apply for grants fo r P larming an J Capacity Building Projects to which Grantee responded with a det ai led app lic at io n. a cop y ohvhich is attached hereto and incorporated herein b y reference as Exhibit . .\ (the "Project ,\pplication"). The Project App lic at io n contemp l:ues the execution of the P roject entit led and describ ed above (the ·'Proj ect'"). C. The Board approved Grantee's P roject ,\pplication on February 13. 200 l, si.:bJect to h.: executi o n of a detailed G rant . .\greement, the conditions of which are set forth herein . D. Grante e ant ici p:.Hes that the Project described in the Project . .\pp li cation will b e subs tantially co mp leted on . .\ugust 13. 100 ::'. ("Proj.:ct Completi o n") . • E X H I B I I T ~ . ) ' I • 0 • • • • I : • • - E. Grantee has undertaken responsibility fo r obtaining the match (funds and in-kind contributions) described in the Project Application. F . The parties intend this document to be the detailed Grant Agreement requ ired by the Board. The Grantee shall carry out the Project in accordance with this agreement and a work program to be approved by the Executive Director of the Board pursuant to this Agreement. AGREDIE~T NOW, THEREFORE , in consideration of the premises contained herein and other =ood and valuable consideration, the receipt and sufficiency of which are hereb y ackn owl ed=e d. the parties hereto agree as follows : 1. Grant and Project. The Board hereby grants to Grantee the sum not to ex ce ed S 16,000. subj ect to the terms of this Agreement (the "Grant"'). The Grant shall be used by Grantee so el~ to complete the Proj ect as approved by the Board. Grantee hereby agre es to use its be t ef"o ris o complete the Project. 2. Award Pa\·ment. The payment schedule forthe Grant set ou t in Paragr:i.ph -+.d . ofthi · Agreement is dependent upon sufficient net lonery proceeds be ing available to the Board. 3. Project Scope. The Project will not be materially modified by the Grantee wi thout the wrinen approval of the Executi ve Director of the Board. In multi-ph as e projects, th is .-\gree ment onl y pertains to the identified phase of the Project, and not the Proj ec t as a whole. 4. Infonnation to Be Prov ided ·pan Execution of This A 2reem ent. ~O Fl~DS WILL BE D!SBLRSED BY THE BO . .\R.D Ll\1.ESS A)J"D l.iNTIL THE GR.-\..'-iTEE FURSISHES THE BOARD 'wlTH THE f.\,"fOR.vl.-\ TION REQl.iIRED BY THIS AGREE:'v!ENT . Pr io r to exe c ut io n of this Agreement, Grantee will submit the following infonnation to the Board's staff: a. A resolution adopted by the governing body of the Grantee authorizing the executio n of th is agreement and approving its tenns and condit ions ; b . A detai led Work Plan and Budget for this Project. Grantee hereby agrees to prompt ly submit all material re visio ns to their Work Pl a n and Budget. As provided further be low. the Board reserves the right at any stage of the Project to withhold funding if (i) modificat io ns to the Project are so substantial as to make it , in the Board's reas onab le judgment, substantially different in quality or k ind from that approved by the Board, or (ii) there have been delays in the implementation of the Proj ect which, in the Board's rea sonable judgment. make the Project impracticable; • I • 0 • • -• • I·,: •• • • ' c. Project funding that will: (i) briefly identify each major stage or milestone of the Project; (ii) id en tify the source. amount and anticipated date of each disbursement of funds for the Proj ect; and (iii) show ho w the Board·s funds are used for the Project; and d . Pa\ment of Grant. Cpon satisfaction of all provi sions of th e conditions precedent to acquisition and disbursement described in Paragraph ~ herein, and o nl y after fulfilling all requirements , subject to sufficient net lottery proceeds being available to the Board, the Board shall disburse funds for the Gra.nt as follows : 55 ,500 during the quarter from April to June of 2002 55,000 during the quarter from July to September of 200_ $5 ,500 during the quarter from Oc tober to D ecember of 200 _ 5 . Disbursement of Funds . Prio r to final payment by the Board po n Proj ect Completio n , the Grantee must provide to the Board certification that: a. the Project has been subst:mti:illy completed accordin" to the wo rk plan :ind budget , along with a Final R eport -Project Expenditure D ocurnent:i.ion ( . .\ppend1x C ) ( the .. Project Expenditure Documentation .. ), and reports as noted ab o \'e to supp o rt tlus claim , b . no material modifications or delays ha\·e been made or experienced (or the B0 .1rd has been ad\·i sed of the modifications o r de lays and has elected ro continue lO part icipate in the funding of the Project); c . m atching funding has been re ceived as outlined in the Project Expenditure Do cumentation ( . .\ppendix C ) (o r the stanis of efforts to secure matching funding has been disclosed to Board staff and it has been found to be satisfactory); and d . the representations made to the Board in the Project . .\pplication continue to be true (o r. if there ha\·e been any m:nerial changes. the Board has been ad vised of such changes a.11.d has assented to them). The Board will release fund ing subject to the following conditions : (I) D isbursement shall be made on the basis of costs incurred. A reduc ti o n in to ta l Project cost or Grantee·s matching fund in g may cause a proportional re d uc tio n in the grant award, and ; (:!) The Project E x pendit ure Document:iti o n shall be submined within 60 days of Project Completion and shall be approved by the Board, in its sole discret io n . Projects are considered completed up on accomplishment of the objectives stated in th e Project . .\pplication o r expenditure of the entire grant amount. Failure to submit the Proj ect Expenditure Documentation within the specified time pe riod m ay result in reduction o r loss of grant funds , even if there are undisbursed amounts remaining in the grant. 6. Waiver. The E xecuti ve Director may waive o ne o r more of the obligations in Paragraphs I • 0 2 • • • ... • • 4 and 5 of the Agreement, or may require performance of one o r more of these obligations subsequent to disbursement. 7. Compliance with Regulatorv Requirements and Federal and State :V!andates. The Grantee hereb y assumes respons ibility for compliance with all regulatory requirements in a ll applicable areas, including but not limited to nond iscrimination . w orker safet y. local labor preferences, preferred vendor programs , equal employment o pportunity. use of competitive bidding, and other simil ar requirements . To the extent perm itted by law , the Grantee will indemnify the Board from an y liability or an y failure to co mp ly w ith an y such app li cable requirements . 8 . :-..ondiscrim ination. During the performance of this agreement. the Grantee and is contractors shall not unla\\'fully discriminate aga inst any emplo yee or app li cant for empl c:ment because of race. religion. color, national origin, anc estry, ph_·sical handicap . medical co n1...aon. marital status. age or sex . The Grantee and its contractors sha I ensure th:1t the e,·aluation and treatment of their employees and applicants for em ployment are free of such d iscriminat ion. 9 . Publicitv and Proiect In formation. G rantee agrees : a. Grantee shall acknowledge Board funding in al pubi iciry issued by it concern ing the Proj ect ; b. Grantee shall coo perate w ith the Board in preparing public information pieces; and c. Grantee shall give the Board the right and opportunity to use in :ormat io n ga ined from the Projec t. 10. Audits and Account in !!. Grantee shall maint:i in stand:ird fin:mcial acco unts. document s. and records relating to the use. management, and oper:ition of the Project. The :iccour1ts. documents. and records related to the Project shall be reta ined by the Grante e for fi,;e (5 ) years following the date of disbursement of funds under th is Agreeme nt. The Bo ard . or its designated agent, sh:ill ha,·e th e right, up o n reas o nable not ic e to the Gr:intee . to audit the books and rec o rds of Grantee which pertain to the Project and to th e use and disposin on of Bo ard funds . The Grantee m:i y use any acco unti ng system which follows the guideli nes of "Generall y . .\ccepted Accounting Practic es" pub li s he d by the American Institute of Cert itied Publi c . .\ccountan ts . 11. Withd rawal of Board Fundin !!. The Board ma y w ithdraw its :ipprov a l of fu ndin g to the G rantee and ce:ise funding of the Proj ect if, in its sole discretion, it det erm ine s co ndi tio ns have oc curred whi ch fundamentall y change the expectations of the parties o r which make the grant infeasible or impr:ictic:il. l'.!. Grantee's Inab ilitv to Co mplete Pro ject. If the Grantee determines w ith reaso n:i ble probab ili ty that the Project wi ll no t or cannot be comp le ted as reflected in the Project Applicat ion the Grantee will prompt!. so ad,·ise the Board . and cooper:ite in good faith w ith res pect to altem:it iv e solutions to the problem before any fu rt her funds are :id vanced . • ) I • 0 • -• • • - 13. Governmental lmmun it\·. The following provi sion app lies to the Board . This provision may apply to the Grantee if the Grantee qualifies for protection under the Colorado Governmental Immunity Act, C.R.S . §24-10-10 I et seq ("CG U"). :-.:o~,·11.hstanding any other provision of this Agreement to the contrary, no term or condition of th is .l.greement shall be construed or interpreted as a waiver, either express or implied. by any party to this .l.greement. of any of the immunities. rights , benefits or protect ion pro\'ided under the CG U . as amended or as may be amended (including, without limitation, an y amendments to su h stat te. or under any similar statute which is subsequently enacted). The part ies agree t~at no provision of this Agreement shall be construed in such a manner as to red ce the ex ent o \,h.ch the CGU lim its the liability of any party to this Agreement . 14 . Liabilitv. T o the extent permitted by law. the Gr:mi:e shall be responsible for, indemrufy and hold hannless the Board. its officers. agents and emplo~ees tom an~ am: all liabilit'es. claims. demands. damages or costs result in::: from. growin: o t of. or m any way connec ted with or incident to this .l.greement, ex c ept for the gross ne=h =ence or w ill:·! and wanton cond ct of the Board its officers , agents. or employee s. Gr:ir.tee hereby,, i, es any a:ic all ri=hts to any type of express or implied indemni y or right o · contribt t1on from the State of Co lo rado. the Board. its officers. agents or emp loyees . fo r any lia 11't), re s:..i tmg from. growing out of. or in any way conne ted with or incident to thi .l.= eement. 15 . Ass ignment. Grantee may not :J.Ssign its ri gh,s under this Agreem nt without the written consent of the Board. 16 . Good Faith. There is an obligation of goo d fa ith on the part ofbo h parttes. including the obligation to make timely communication of information which may re::isona bly be belie,·ed to be of interest to the other party. 17. App lic::ibl e Law. Colorado law applies to the interpretation and enforcement of this Agreement. 18 . Independent Contractor. Grantee is an independent contractor acting in its separate capacity and not as :m officer, employee or agent of the Board. 19 . Sever::ibilitv. If any provision of the Grant .l.greement. or the appl ication thereof is found to be invalid, the remainder of the provis ions of th is Gr:int .\greement , or the applicati o n of such pro\'isio n other th:in those as to which it is found to be invalid, sh::ill remain in fu I force and effect. 20. Entire .l.1rreement. Except as exp ress ly provided herein, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties . ~o changes in this Agreement shall be val id un ess made as :in amendment to this contract, approved by the Board. and signed by the parties in this Agreement. • I • 0 • • • • I-!:•. .. • - 21. Fax and Counterparts . This Agreement may be executed in one or more counterparts , each of which shall be an original but all of which when taken together shall constitute one Agreement. In addition, the parties agree to recognize signature to this Agreement transmi n ed by telecop y as if they were original documents. STATE BOARD OF THE GREAT O"!J"TDOORS COLORADO TRUST FUND By----------------- John Hereford, Executive Director Dated:---------- GRA .. '-iTEE : B y ~~~~~~~~~~~~~~~- Name : Thanas J. Burns Title : Mayer Dated :---------- ..: .. • • ) I . 0 J • • • 1-, •' Great Outdoors Colorado Trust Fund Project # 1355 • • - South Platte River/ Santa Fe Corridor Open Space Plan Description of Goals. Objectives and Deliverables (Revised 4/30/01) Goals and Objectives : Realizing the valuable natural resource that the South Platt e Ri ver prmides to the communities of Englewood and Sheridan , this project aims to de\ elop a long-range ision for the parks, open space and trails along the South Platt e R1 er Santa Fe Corridor. The multi-objective project will look at the corridor as a complete re creational Sys t em and not as a series of isolated uses such as a park here, a trail ther e. To thrs end, t he go als oi th e project are comprehensive and will address planning for four primar,. out door amenities . • Parks -active recreational areas such as soccer fi elds , p la\'gr o unds an d limited pas si \ e natural areas • Trail Enhancements -access, safety and maintenance im pro\ ement s • Open spaces . passi ve recreation , wildlife preservatio n and em iro nm ental educatio n • Riparian Habitats -aquatic and watershed habitat pro te c ti o n Since the project is within a somewhat limited geographic area , approximat e!') 3.5 squ are miles , the goals of the project are i nteg rated comprehensive! . 1. Goal: Creating a shared vision for the future of the South Platte River • Objective: Creating healthier communities in Englewood and Sheridan • Objective: Cooperating in the regional vision of the South Platte Ri ver as valuable natural resource The So uth Pl atte River pro,ides the metro-Denver regi on with an in valuable natural re so ur ce. This 35-mile river corri dor has take n o n renewed worth as core urban c1t1 es are undertaking re development efforts. Communities incl uding Denver, Adams and so uthern Arapahoe Co u nty counties, as well as the cities of Littleton and ha, e undertaken major planning effo rts to pro tect the So uth Platte Ri ve r corridor. The missing link in the protection of the river i s a public!, supported shared vis ion for the stretch of the river passing through Englewood and Sheri dan . 2. Goal: Upgrading the recreational opportunities on and along the river corridor. • Objective: Providing active recreational areas adjacent to a natural resource to improve overall par/cs system as a regional amenity. • Objective: Provide passive opportunities for the public to enjoy the river. • Objective: Provide aquatic and terrestrial educational areas along the river. In th e 3-mile stretch of the rive r in thi s plan area , few opportun i ti es exist fo r p eople to connect with th e river. Pro v iding improved low flow areas fo r fishing, I • 0 • • ,----. • '•. • - enhan cing boa t launches o r wildl ife viewi ng areas ,vi ii gi \ e pe o ple a c han ce to ex p erien c e the ri v er in new w a s. Im proving the opportu ni ties fo r in t eg rate d recrea tional o ppo rtun i ties also pro\ ides efiiciencies in acc ess , main t enan ce an d lan d as sem bl a ge . 3 . Goal: Identification of the corridor clS cl link between the urbcln en vironment and nclture by improving access to the river. • Objective: lncreclsing the number of clccess points to the S. P!cJtte Ri ver Trail clnd the river itself. • Objective: Improving the ScJfety of the current access points. • Objective: Positioning the trail as cl component of the regional multi· modcll transportcltion mix. Wi t h the i ntroduc tio n of the Sou t hwes t Corridor R D Li ght Ra il , the enti re co r rido r takes on ne w v alue as now the ri\ er and adjoining t rail 1s no t onl v a recreatio nal co r rid o r, b ut also a p la er i n the reg ional tra nsporta tion s~ stem . Im p roved li nk ages will c rea te ri ve r access to no t onh the 50,000 residen t s of these two co m munitie s, but to the man v th o usands o · people utilizi ng the San ta Fe Co rr idor and i ts mu lt i·mod al q ualitie s. \.umerous feeder bike pedes t rian tra il exis t i n the city . H owe\ er, as e\ idenced bv the attache d map, there is a lack o i sy stem conn ecfr.ity. As an exa m ple , Cus hing Park is adjace nt to the Engle \\OOd St ati o n LR T an d is the o rigina tio n of a bi ke tra il heading west along D art m o uth Ave nue, see m in glv towards the Sou t h Platte Trail. H owever, as ride rs J preach th e river , t he y m ust ri sk tr aver smg a narro v sid ewalk alo ng a bridge ac ross th r iv er, al ong Da rtm o uth A venue . Thi s is an ext reme!; ris ky co nn ec ti o n, bu t th only ac cess to th e ril,e r trail v1thin one m ile to the no rth o r so uth . 4 . Goal: Redevelopment of use s cllong the South Platte River to tho se most compcltible with open spclce clnd recrecltional uses. • Objective: Create more useable open space for recreational opportunities. . • Objective: Establish basic standards for land redevelopment along the corridor • Objective: Development of baseline zoning recommendation s consistent with land preservation goals • Objective: Development of strategies (incentives, regulatory ) to aid in conversion of incompatible uses to those better suited to natural resource adjacency Directly ad1acen t to th e river, there exis ts nume ro us detrunen tal uses in cl uding aut o sal\ age lots , ti re recycling centers and heavy i ndus t rial use s. Red evelopment of thes e uses in to those mo re compatible with the ri paria n corridor 1s criti cal to the ust a111ab1htv of thi s ri ver. no t JUSt m Englewood and Shendan, but in the en tire stretch of them-er . These uses neg au ve lv effect borderfess ameni ti es such as fish and w tl dhfe habit ats an d red uce t he ae stheti c eni ovmen t provided m the rive r. Redevelopmen t w ill all ow th e pri vate mark el 10 take adva nt age o i 1he ri~er's asse ts .ind capi tali ze o n the oppo rt urnn e availab le for higher and be tt er uses along 1he South Pl a tte River. D enver's Commo n 's Park 1s J shm mg e'<ample of ho w the river can be • I • 0 • • • • • - utilized as a viable economic to o l to stim ulate rede ve lopment and i mproved recrea tional and natural resource opportuniti es to Fr o nt Range communities. 5. Goal: Conserve and protect the riparian habitat and open spaces for environmental education opportunities • Objective : Provide buffer zones adjacent to the river for wildlife viewing and habitat protection • Objective: Protect water quality by creating a set of development criteria Redu ci ng detrimental uses adjacent to the river and b y provi din g and main tammg b uffer zone s along the river, the quality of the water in the this stre tc h of the corri dor will improve . Additionally, reducing poi nt and non-po int so urce pollu tants w1II a1d m pro '1ding suitable hab 1tat for aquatic and terrestria l species . Deliverables: The project is designed to produce an open space , tr ai ls and parks plan fo r a specific planning area . The five phases w ill develop th e following deli\ erables: character A . Plan Preparation and Open Space Lan d Use Inventor~ Pr oducts : 1. Base Maps wi th written anal y sis of constraint s and opportunities a. Analysis of all existing and potential open spaces , parks , tra ils b . GIS mapping of wildlife mappin g zo nes (endangered species , critical wetlands, unique vegetative area s) c. Identification of potential major negati e impacts on natu ra l resources including sources of polluti on, land man agemen t practic es that threaten resource quali ty and lan d use or zoning that is incompatible with recreation areas 2 . Photos of projec t focus areas , adjacent la nd uses , character ri er , r ipa rian B. Consensus Building 1. Stakeholder meetings to gain consensus and establish criteria on general goals for open space preserv ation , trail access , park enhancements 2. Prioritization list of land areas for rede v elopment based on agreed criteria 3. D iagram map of general opportuni ty areas 4 . Slide show of potential opportunities (sh owing other similar projects ) C. Visioning : 1. Draft Plan / Vision map 2 . Conceptual character sketches of potential changes to plan area 3 . Development of a prioritization list of: a . Par ce l s to be re c ommended for open space prese rvatio n • ) I • 0 ----~,,------,,------------------.,--------~--------• ), .. • - b . Prioritization of potential trail connections c . Identification of park improvements based on criteria 4. Written Report of initial scenarios D. Development of a Preferred Option : 1 . Draft preferred scenario map 2 . Interim report on plan options including .. a. Potential strategies for protection ( easements , deed restrictions, regulatory actions, land trusts , joint use agreements ) b . Funding mechanisms and timelines for implementation E. Implementation Strategies: 1. Final Plan Report for vision of S. Platte Ri v er corridor with : a. Detailed implementation recommendations of preferred optio n b . Maps of envisioned plan area c . Implementation advisory practices 2 . Power Point presentation for public outreach • . ' I • 0 2X - • • • • • -... 0 BUDGET South Platte River/ Santa Fe Corridor Open Space Plan SOURCES OF FUNDS D•le Serured --·-·------ CASH Great Outdoors Colorado Februarv 2001 Ci tv of Em?lewood · CDBG lune 2000 Cr tv o f En~lewood -Gen Fund March 2001 Total SourcH of Funck USES OF FUNDS 1 O•tc lo be Spenl Con sult a nls' -Preparalion and Inv e ntory -Consen su s Building -Visioning -Refineme nt o f Alternatives -l111plemen1a1ion Direc t Cosls (Printing) Tot•I Uses of Furids Great O utdoors (olo,Mk> Pl.,nn,,.g G,anl Appl,c.lfKHl Rev,,ed Ma,d, 2 1, LOO I (.CX.0/ GOCO Request Applic•nt Match Partner Match ---------------- $16,000 $25,000 $10,000 $16,000 $15,000 GOC:O Fu1ids Applicanl F1111d, Partner/Other F1111d, $14,000 St 1,000 $7,000 $4,000 $12000 $3,000 SH,,000 $35,000 . ' Tolal --$51,000 $51 ,000 Tol,sl $51,000 (1t'lmn 10 0 • • • • i • •' • -.. 0 South Platte River/ Santa Fe Corridor Open Space Plan PROJECT TIMELINE YEAR2001 Task Date: Feb Mar Aor Mav June Julv Aug Grant Notification X RFP Formulation X RFP Selection X Award Planning Contract X Land Use Inventory X X 16 wks\ Consensus Bu ilding x--x (6 wks} Vision ing X (4 wks) Preferred Option X Development ( 6 wks) Implementation Strategies (6 wks} Public Meetings 14 wks\ Project Completion Please Note: PToJe(t "ulestones may mdude, but are not limited to, the above c.,tegones. Please till/or them to fit your {XOJeCl . Re,,,sed Time/me 04/01 • Sept Oct ,. X ' • Nov Dec " X 0 X - • ORDINANCE .10 . SERIES OF 2001 • • - BY .-\UTH ORITY A BILL FOR / Oa ii COUNCIL BILL NO . 23 I NTROD CED BY CO , "CrL ME MBER ______ _ AN ORDI NANCE AUTHORIZIN G THE DELE GATIO N T O THE CITY A.1'.ID COL:-.TI· OF DENVER. COLORADO THE AUTHORITY OF THE CITY OF ENGLEWOOD . COLORADO WITH RESPECT TO THE ISS UAi\JCE OF SI NGLE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS") TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW .-\:\1) :\llDDLE INCOME PERSONS AND FAMILIES WITHIN THE CITY OF E~GLEWOOD, COLORADO AND CERTAI~ OTHER CITIES AND CO UNTIES I~ THE STATE OF CO LORADO ; A.PPROVI~G SUCH BONDS AND A SINGLE FAMJLY MORTGAGE LOAN PROGRAM ; AND .JITHORIZING THE EXE CCTI O'.'\' .-\.'\1) DELT\"ERY OF.-\ DELEGATION AGREEMENT AND OTHER DOCIDIE:\"TS IN CONNECTIO N THEREWITH . WHEREAS , t h e City of Engl ewoo d . Co lor a d o (the --city .. ), a nd the City a nd Co unty of Denver, Co lor a d o t he '"Iss u e r "), a re ea ch a uthon zed by t he ounty a nd :\'1unic1pality Developme nt Revenue Bond Act . co n muting a rticle 3 of title 29 . Co lor a d o Re ,-i sed Statutes. as a me n ded (the "Act"'), t o fina nce proJects a d e fin ed in the .-\ct . incl uding r esidential hou s ing facilities fo r lo w and middl e m co me per ons a nd fa milies ; a n d WHEREAS . Section 29 -3 -104 (2) of t he .-\ct pr ovide t ha t a co un ty or munici pality may dele gate by resolution or or d inance , a s t he case may be , to a ny other co u nty or munici pality a ut hority t o act on its behalf in t he fi na n cin g of p r oJect s unde r the Act a nd that a ny s uch de legation may be gener al or limi ted in sco pe and t im e a n d m ay be irrevoca bl e for t he te rm or term s of a ny fina n cin g agreeme n t or bon d issue . a ll a s provided in s u ch re solution or ordinance : and WHEREAS , the Issuer proposes t o iss ue single fam i.l y home mortgage r evenu e bonds pursuant to the Act (the "Bond s") to fi n a nce re si dential hou s m g fac ili ties fo r low a nd middle inco me pe r son s and fa milies w1th.m t h e City a nd othe r ci ties a nd co unties in the State of Co lor a d o (t he ·'Sin gle Fami.l y :\fortga ge Loa n P r ogra m .. ); a nd WHEREAS , the Ci t y desires to de legate to the Iss uer the a ut hor ity of the City to finance a nd othe nvise take action a nd exer cise powe r u nd er t he Act on be h alf of t h e City with r esp ect to t h e Si ngle Fami.ly :\lortgage Lo a n Progr a m within t he City ; and WHEREAS , i t 1s necessary to eV1d ence s uch de legauon by t h e execu tio n a n d de livery by t he City of a Dele ga tion Agreemen t (the '·De legation Agreeme nt") be tw een the Cit y and the Iss ue r in s ubs tantially the fo rm prese nted a t t hi s meet ing : NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1. In order to facilita te the onginat ion of s ingle family mortga ge loans within the boundaries of the Cit y a s part of the Single Fa mily Mortgage Loan Program , the City hereby (i) delegat es to the Issue r t he a uthority of the City t o finance and otherwise take a ction and exercise powe r under the Act on behalf of the City with -I - • ) I • 0 • • • • . .... • - COUNCIL COMMUNICATION Date Agenda Item Subject Bill for an ordinance to assign and transfer to the City and County of Ma 7, 2001 10 a ii Den er the 2001 City of Englewood allocation from the State oi Colorado ceili ng for priva te activity bonds to fina nce residential housing facilities for low and m iddle income persons within the City of Englewood and certain other cities and counties in the State of Colorado. Initiated By Staff Source City of Englewood, Finance and Administrative Frank Grvglewicz, Director Services Department COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In the previous two years, City Council passed Ordinance 19, Series oi 1999 and Ordinance 5, Series oi 2000 in support of this action . RECOMMENDED ACTION City staff recommends City Council approve this bill ior an ordinance to assign and transfer to the Citv and County of Denver the 2001 City oi Englewood allocation from the State of Colorado ceiling for private activity bonds to finance residential housing facilities ior low and middle income persons within the City oi Englewood and certain other cities and counties in the State of Colorado. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This action assigns the City's allocation of the pri\ ate activity bonds to the City and County of Denver. The pool of assigned funds is used to help low and middle income persons finance residential housing. FINANCIAL IMPACT This action will not have a material im pact on City finances . UST OF ATTACHMENTS Proposed bill for an o rdinan ce • I • 0 - • • • .. • • .. respect to the Single Family Mortgage Loan Program within the City and (ii) approves, and authorizes and directs the Mayor of the City to sign and deliver and the City Clerk to attest and deliver the Delegation Agreement in substantially the form presented at this meeting. A copy of the proposed Delegation Agreement is on file m the office of the City Clerk and is available for inspection by the public. Section 2. The Council hereby approves the Bonds and the Single Family Mortgage Loan Program for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended. Section 3. The Mayor of the City is hereby authorized and directed to execute and deliver and the City Clerk is hereby authonzed and directed to attest and deliver such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the Delegation Agreement and this Ordinance, including any agreement or certificate approvmg the Bonds or the Single Family Mortgage Loan Program for purposes of Section 14i(f) of the Internal Revenue Code of 1986, as amended. Section 4. Nothing contained in this Ordinance or the Delegation Agreement shall constitute a debt, indebtedness or multiple-fiscal year direct or indirect di,bt or other financial obligation of the City within the meaning of the Constitution or statutes of the State of Colorado or the home rule charter of any political s ubdivision thereof. nor give rise to a pecuniary liability ofthe City or a charge agamst its general credit or taxing powers. Section 5. If any section, paragraph, clause or provision of this Ordinance shall for any reuon be held to be invalid or unenforceable . the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance . Introduced , read in full, and passed on first reading on the 7th day of May , 2001 . Published as a Bill for an Ordinance on the 11th day of :May , 200 l. Thomas J . Bums. Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and paaaed on first reading on the 7th day of May, 2001. Loucrishia A. Ellis -2- ... I • 0 • I • • • • ... • - ORDINANCE NO._ SERIES OF 2001 BY A "THORITY CO UNCIL BILL :-S O. 17 I!'l.1TROD U CED BY CO ;'\"C IL l\1EMBER GARREIT AN ORDINANCE Al\1ENDI NG TITLE 3, CHAPTER 4 , S E CTION 3 A ND AD DI NG A NEW SECTION 18, OF THE ENGLEWOOD M U ~l CIPAL CODE 2000 PERTAI:-:11':G TO THE CITY OF ENGLEWOOD NONEMERGE:-S CY E:\1P LOYEE S RE TIR E l\lEi':T PL4.N . WHEREAS , currently the non-eme r ge n cy e m p loyees are r e quire d to be e nroll ed in a defined benefit pens ion plan which provides a m onthly r et irement p ayment based o n final average earnings and years of s en,;ce; and WHEREAS , as the workforce has becom e in cr e a s m gly m obile. m or e e m p loyee expect their pension benefits to be p ortabl e a s we ll : a nd WHEREAS , for this reason, the Non -Em e r ge n cy Pe n sion B oar d con sider ed a n d approved adding an optional defined co n tn b ut 1on pen sion be n efit to t h e Plan : and WHEREAS, this benefit does n ot g uara ntee a fi xed pe n s ion benefit. only th amount contributed by the City and e mpl oyee I fi x ed ; a n d WHEREAS the benefit amount at r etirem e nt 1s a fun ction of tim e a nd 111v ~tment performance. allowing employees this option I a n e de d r ecr ui tme n t too l : WHEREAS, the Englewood Non-Eme r ge n cy P e n sio n Boa r d voted to ap prO\·e t h proposed changes to the Plan; and WHEREAS. the approval of this Ordinan ce w ill allow ~on -Eme r ge n cy Em pl oye s the choice of the defined benefit pens ion plan or the defi n e d contri b utio n pe n s ion plan: NOW , THEREFORE, BE IT ORDAINED BY THE C ITY c o u :-:C IL OF THE !TY OP ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The City Council of the City of En gle wood , Co lor a d o h e r e by a m e n ds Title 3 , Chapter 4 , Section 3 . Subsection 2 , of the Engle woo d Municipal Cod e 2000, to read as follow s: 3-4-3-2: Employees Hired After January 1, 1970. For e ach Employee hired after Janua ry I. 19 70 . a nd prio r to Ma v 21 2001 me mbe r s hip in the Plan s hall be a co ndition of e mploy m e nt and each Emp loyee shall become a Member on the d a te of employment. Such Employee s h a ll be r equired to complete the form of members h i p a greeme nt a t the time of e mploy ment ~ or appointment, exce pt a s foll ows : -I - • 10 bi I • 0 • • • • • :i.,, • -.. A . The City Co uncil m ay . by ordina n ce. est a bli s h o p t ional p e n sio n or deferred compe n s ation plan s fo r Exe mpt Employees. U p o n e s tablishment of any s uch o ption a l plan(s), an Exe mpt Employ ee ma) at hie has t h e o puon m e lect to co me within the provis ion s of s uch plan : pro~id ed , h owe ,·e r , t h at a n Exe mpt Employee m ay n ot co ncurrently be a Me mbe r of m or e tha n on e r etir e ment pla n to w hich the City is making contribution s on his or h e r be half durin g h is or he r e mployment by the City . In the e ve n t t h at a n y said Ex e m pt Employee of the City, who is prese n tly a Me mbe r of the Pla n. elects to come within the provi s ions of a ny othe r r etir e m e n t pla n est a blishe d by the City Co unci l a n d fu nded al l or in pa r t by t h e City . he shall have the option t o beco m e a \·ested Member of t h e Pla n (r e gard.less of whet her or n ot h e h as co m pl e ted fi ve (5) year s of Cre dited Service) or to withdra w from the P la n the a m ount calcul ated under Section 3+10-2 h e r eof. For each E xe m p t E mplovee hired on or after January 1, 1988., m e m b r .hm in the mon e v purch ase p lan s hall be a condition of emplo,·m e n t. B . E.1 e mpt Empie, ees e fthe C,~ "he 11r e Me mb e r!! ef th e Pl11" sh11H . nitlmt ei,i (6) meHth~ &11111 the m 11t1tt1ti e H e f !I HJ e ptt6nal pl!ll'l (!!) b) the Ci~ Ce11nei:I , eleet "hethe r e r l'l 6t t e beee 111 e a m e mber Bf !lflJ eptienm plan (s ). Said e leet1 e " te beeem e !l member ef th e He .. pis" er te rema1l'l n Member e f the Plt1f! ahaH be iJ"t e . e et1bl e. G . ~-~ An Employ ee& who ffl9" become11 an Exe mpt Employe e& by promotion or appo intme nt or othe rwi se . s h all h a ve s ix ty (6 0) d ays from the effe ctive date of the ir a ppoi n t m e nt m said Exe mpt p ositio n ift during which to e lect e ithe r to r e main in thi s Plan or to beco m e a 0 . me mber of_._ a ny etfleJ'-Op t ion a l pl a n . The e lection t o beco m e a me mber of a n othe r p la n s hall be irrevocable e xcept as provided 111 Section 3-4 -18 -2. In the e ve nt tha t a Me mbe r e lects to co nvert h is or h e r m e mbe r s hip t o the Cj tv of Engle woo d ~o n e m e rge n cy E m plov ees Money Purch ase Pla n <Mon e v Purch ase Pla n ) a d eterminable a m o unt s h all be t r a n s fe rre d in acco rda n ce w ith Secti on 3 -4-18 -:l . City Counctl-!ttttt previou sly desi gna t e d the Interna tional City Ma nage m e nt Associa t io n Re tir e m e nt Co rpor a t io n De fe rre d Co mpens ation Plan ("I C.MA -R C Pla n ") which is est a bli shed unde r Section 45i of the Code as a n o ption al plan t o which t h e Ci t y w ould m a k e co ntribution s on be h a lf of Exe m p t Employ ees who elect this option. ER · City Council -lttttt p revi ouslv establi s h e d ~ the mat1ar;erial , e11perv\eer, er eellftdential ICMA RC Mel'le) P11reha!!e Plan mon ev purchase pla n fo r mana ge r i al, s upe rvi sory or co nfide ntial e mployees effective J a nuary I , 19 , as !ll'l e pti e f!al !le p l a n to which the C1ty a nd the emplovee s h a ll m a ke co ntn b ution s on be h a lf of a ny Ex e m pt Employee who~ -+ltttt fl!.C.b Pl a n . Effective Mav -2- • . ' I • 0 • • • • • - 21. 2001. su ch plan is re n a med the Cit,· of Englewood !:\onemergencv Employees Monev Purchase Plan. J;;. Effective Julv 30 2001 a Memb e r of th is Pl a n who is: Jc. An Active Emplovee including an Emplovee curre ntJ,· recei ,;ng benefits under the City's Lon g.Te rm Disabi lit,· Co ntr:i ct or ~-A Vested l\lember shall have the option to e lect. in accordance with Section 3-.J· 18-1 whether or not to beco me a member of the Citv of Engle woo d Nonemergencv Emplovees l\l onev Purch as P la n C-1\l one,· Purcha se Plan"'). irrevocable except as provi ded in Section 2. Th e City Cou ncil of the City of Engl w ood olorad o hereb~· amends Title 3, Chapter 4 , by the addition of a new ect1on 1 . of the En le wood t\lumc,p al Co de 2000, to read as fo ll ows: 3-4-18: Money Purchase Plan Choice and Transfer of Funds : 3-4-18-1: Conversion O tion for Members Desc ribed in ection 3-4-3-2E : Each active Emplovee wh o 1s a Member m clud mg ::my Emplovee current!\' rece inng bene fi ts under the City' Long·Term Di ab1litv Co ntra ct a nd each Vested '.\1 emb er s h all have the option of co n,·e rung from me mb ershm m this Plan to me m ber hip m the Monev Purcha e Plan . The apphcanon t o conve rt must be ma d e m wriung o n or before Julv 15. 2001. Furthermore the !\1ember must co mpl ete the waiver a nd re lea e documents as .. pec1fied m Section 3·.J· 18 ·2 3-4-18-2: Waiver and Release Requirement; Each eligibl e Membe r unde r Sectio n 3 ·.J·3 ·2B or 3 ·-1· 18-1 wh o wi shes to exercise the option of co nverting me mbe r s lup t o the Monev Purcha se Pl a n must sign a waiver and r e lease wnhm the tim eframes s pecified bv the Board a nd m a fo rm acceptabl e t o the Board . w aiving all rights to a defiued benefit ru:m 1011 from this Pl a n a nd re leasing t he C1tv a nd Board fr om anv h:ib1h t v o the '.\l emher and/o r hi s or he r Be n e fi ciaries fo r s uch a defined lwn fit_.JWI!i'IO!LQr l}nv claim based o n the co nve r;:1011 -3- • I • 0 J • • -• • /·.,\, • - to the Monev Purchase Plan. Said e le ction s h a ll be irrevocable unless the Empl o\"ee ch a nges status from an Exempt Emplovee to a !\on-Exempt Emplovee in which case s u ch Employee mav e lect within sixt\" (60) davs of the change in status to again become a Member of this Plan. In the event an Emplovee rej oi ns this Pl a n due t o a change in status after fh·e (5) vears from the transfer date Credited Service s ha ll n ot be restore d for such Emplovee and such Emplovee s h a ll not be vested until he or f.h e earns five (5) vears of Credited Service s ubsequent to hi s or he r r ee nt.rv into th1 s Plan. 3-4-18-3 : Transfer of Funds: Each eligible Member under Section 3-4-3-2B or 3-4-18-1. wh o ch ooses to ex e r ci~e the option to convert his or her membership to the Mon ev Purchase Pl an sha ll h a \"e a determinable a mount transferre d to the Mone,· Purchase Pla n . The a m o unt transferred on behalf of each s uch Member is the actuaria l e qu1 vale n_t pre~r nt ,·:1llw (which shall include an adjustment if the Member guahfics fo r .,pec1al E rlv Retirement or Regular Earlv Retirement a s of th dat th e :\1 e m ber ch, l}fil's , ,nu~ fo r a Membe r described in Section 3-4-3-2B and 1s Juh· 30 200I....f9 r a '.\l i:~12"r transfer of the :\1 e mber·s Accrued Benefit shall be a s soo n a1t_ ra cti c_;tl,l n 11:r t h_ election date for a Me mber d escribe d in Sect 10 n 3+3-2B 20 l...Jiu, soon a s practicable thereafter for a Member d e. c nbe d 111 Sectjon 3. Safety Clauses The City Co unctl , hereby find s , de t e rm111 e , un d declares that this Ordinance 1s promulgated unde r the ge neral police pow r of the City of Englewood , that it is promulgated for the h ealth , sa~ ty , a nd we lfare of th public, and that this Ordinance is necessary for the preservation of health a nd safe ty and for the protection of public co nve nience and welfare . The City Co unctl furth er determines that the Ordinance bear s a rational r e lation to the proper legislat1v object so ught to be obtaine d . Sectjon 4. Severabjhty If any clause, sentence , paragraph. or part of thi Ordinance or the application thereof t o a ny person or cu-c um tance s hall for any reason be adjudged by a co urt of co mpetent jurisdiction inva lid , s u ch judgment s hall not affect , impa ir or invalidate the r e mainde r of this Ordinance or its applicatio n t o oth e r person s or circumstances. Section 5 Inconsistent Ordjnances All other Ordinances or portio ns the r eof inconsistent or conflicting with this Ordinance o r a ny portion her eof are hereby r epealed to the extent of s uch inconsistency or co nfli ct. -4- • • r I • 0 - • • • ,, ~· .. • -... Sectjon 6. Effect of repeal or modjficatj on The r e pea l or mod ification of any provision of the Code of the City of Englewood by this Ordinance sh a ll n ot r el ea se . extinguish, alter, modify , or change in whole or in part any pena lty , forfeiture , or liability, either civil or criminal, which shall have been incurred under such prov1s1on , and each provision shall be treated and held as still remaining in for ce fo r the purposes of sustaining any and all proper actions, suits, proceedings , a n d prosecutions for the enforcement of the penalty, forfeiture, or liability . as well as for the purpose of sustaining any judgment, decree, or order whi ch can or m ay b e rendered, entered, or made in such actions. s uits . proceedings. or prosecution s. Sectjon 7. ~. The Penalty Provision ofE.M.C. S ection 1-4-1 shall apply to each and every violation ofthis Ordinance . Introduced, read in full , and passed on first r eading on the 16th day of April , 20 01. Published as a Bill for an Ordinance on the 20th d ay of April , 2001. Read by title and passed on final reading on the 7th day of May , 2001. Published by title as Ordinance No. _, Series of 200 I, on the 11th day of :'.1ay , 2001. Thomas J . Burns, Mayo r ATIEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby ce rtify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No ._, Series of 2001. Loucris hi a A. Ellis -5- • ' ' .. . • I • 0 • • -• OIIDINANCB NO._ SERIES OF 2001 ... • • - BY AUTHORITY ... COUNCIL BILL NO . 18 INTRODUCED BY COUNCIL ME::vlBER GARRET!' AN ORDINANCE APPROVING AND AUTHORIZING THE EXEC UTION OF INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE YEAR 2001 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD. WHEREAS , the City Council approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 39, Series of 1994 covermg the City's participation in the Arapahoe County C.D.B .G. Entitlement Program as extended by Amendment No . 2. for funding years 2001 through 2003 ; and WHEREAS, the Englewood City Council passed Resolution :,.J o. 95 , Series of 2000. supporting Housing and Community Development that authorized s ubmitting a n application for 2001 CDBG funding ; and WHEREAS, the project by the City of Englewood known as the "Housmg Rehabilitation Project" bas been categorized as a rehabilitation acti,;ty ; and WHEREAS , the project by the City of Englewood known as the "Englewood Housing Authority's Family Self Sufficiency Program" has been categorized as a public service activity; and WHEREAS, the project by the City known as the "Englewood Housing Authom ·'s Homeless Prevention Program·· has been categorized as a Public Serv1ces proiect; and WHEREAS. the project by the City known as the ''H ouse of Hope Staffing Project" has been categorized as a Public Services Proiect; and WHEREAS , the City of Englewood may proceed to m cur costs for these projects as of June l , 2001. unless such acceptance 1s made contingent under Section 11-F ., Labor Standards. or Section II-G .. EnVJ.ronmental Reviews . as contained in the Subgrantee Agreements, and subject to the City of Englewood rece iving an official "Notice to Proceed" from Arapahoe County ; NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Subgrantee Agreements for the 2001 Arapahoe County Community Development Block Grant Program are attached hereto as Exhibit A. -1- • 10 b ii I • 0 - • • • • .. • - Section 2. The Subgrantee Agreements for the 2001 Arapa hoe County Co mmunity Development Block Grant Program are hereby a ccep ted and approved by the Englewood City Council and the Mayor is authorized to execute and the City Clerk to attest and seal the Agreements for and on behalf of the City of Englewood . Section 3. The City Manager shall be authorized to further extend the Subgrantee Agreements for the 2001 Arapahoe County Community Development Block Grant Program as needed. Introduced, read in full, and passed on first reading on the 16th d ay of Apnl. 2 001. Published as a Bill for an Ordinance on the 20th d ay of April, 2001. Read by title and passed on final reading on the 7th day of May, 2001. Published by title as Ordinance No .~ Serie s of 2001. on the llth day of Ma y , 2001. Thomas J . Burns. ~fay or ATTEST: Loucrisbia A. Ellis, City Clerk I , Loucrisbia A . Ellis, City Clerk of the City of Englewood , Colorado. hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No .~ Series of 2001. Loucrishia A. Ellis -2- • I • 0 2 • • -. ' . •' ·~ • • -.. Sl~GRANTEEAGREEME~TFOR 2001ARAPAHOECOl"NTY COMMl~lTY DEVELOPMENT BLOCK GRA.~T FUNDS Sl'BGRA.'ITEE: CITY OF E'.'IIGLEWOOD PROJECT '.'IIA.\IE: HOUSING REHABILITATION PROJECT NUMBER: 01 E'.'11 RB 121 .. This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado. for the Community Development Block Grant Program in the Community Services Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project for Program Year 2001. I. PURPOSE The primary objective of Title I of the Housing and Community DeYelopment Act of 19 -+, as amer.ded. and of the Community Development Block Grant (CDBG) Program under this T itle is the development o f viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons. The project by the City of Englewood known as the Housing Rehabilitation Project (Project ) has been categorized as a Single Family Rehabilitation project and the SubGrantee will maintain documentat ion with the national objective of low-Moderate Housing activities. The SubGrantee may proceed to incur costs for the Project as of June 1, 2001 unless made cont ingent under Section Il-F . Environmental Reviews, below, and/or subject to the SubGrantee receiving an offic ial "Notice to Proceed" from the County . II. WORK TO BE CO'.\IPLETED BY THE SUBGR..\.VTEE The following provisions outline the scope of the work to be completed: The SubGrantee will utilize CDBG funding to provide lower income Eng)e\vood homeowners with loans for he:ilth and safety related home repair and improvements. A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $89,645.00 . Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit A and in accordance with performance criteria established in Section Il-C. The parties expressly recognize that the SubGrantee is to be paid with CDBG funds received from the federal government, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds. In the event that said 1 • E X H I B I T I . 0 • • • • t, ~" •• • -.. funds, or any part thereof, are, or become, unavailable, then the County may immediately terminate or amend this agreement. To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the County to the SubGrantce beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available . B. Timeliae All Project activities will be completed by May 31, 2002 unless this Agreement is modified by murual agreement of the County and SubGrantee. C. Performance Criteria In accordance with the funding application submitted b y tl:.e SubGrantee for the Project, the criteria listed below arc to be met during the execution of the Proj ect. 1. Quantifiable Goals : The SubGrantee will provide loans to se\·en in c ome eligib le families wi thin the C ity of Englewood. All improvements funded unce: this Project are to be perfo rm ed in accordance with industry standards, as we!l as an y locally app licab le codes and standards. 2. Community Impact: By completing the Project, the SubGrant~ will reduce the C ity's num ber o f substandard homes b y 1 %. The SubGrantee will maintain written rec orc!.s documentin g the Proj ect 's comm unity impact for a period of five years following completion of the Proj ect. This in fo rmat io n is to be made available (upon request) to Arapahoe County or the C .S . Departme nt of Housing and Urban Development for monitoring purposes . 3 . Project Milestones : June 30, 2001 : September 30, 2001 : December 31, 2001 : No requirements established Ouarter!v mj)estones Close 2 loans CurnuJati ve milestones Close 2 loans QuanerJy mj)estones Close 2 loans CumuJatjve milestones 2 • .. ) I· 0 • • • . . .. March 31 , 200 2: May 31, 2002 : • • - Close 4 loans Ouarterlv mj)estoncs Close 3 loans ' Cwnu)arive milestones Close i loans .. Complete all rehabilitation funded b y Proj ect Submit final drawdown and completion report to County D. Reporting Requirements E. 1. Each SubGrantee Drawdow11 Request wi ll include progress reports for th e period for which payment is being requested. 2 . Project reports will be due within 30 days following the end of eac h calendar year quaner (March 31 , June 30, September 30 , December 31 ) until the Proj ec t is comp le ted . 3 . Toe official annual audit and/or Financial Statements for the SubGr:mtee in whic h both revenues and expenditures for the CDBG Projects described here in :ire detailed ar e du e annually. Labor Standards (Davis-Bacon) It is detennined that : Project ac ti ,i ties do not require compliance with federal labor standards . F. En,ironmental Review Envirorune:ital review will be completed by Arapahoe County staff in order to determine whether further action is necessary . The SubGrantee will not commit or expend any Project funds pri or to the completion of the required envirorunental revi ew process and receipt of any necessary Release ofFunds from the U.S . Department of Housing and Urban Development . G. Uniform Relocation Act (URA) Project acti,ities do not require compliance ,vi th the Uniform Relocation Act. H. Lead Based Paint The SubGr:mtee will comply with all local , state, and federal regulations related to m inimizing lead hazards in residential properties, including 24 CFR Part 35 and Colorado Regulation N umber 19 . 3 • ) I· 0 • • - • "· ,• • -' ill. RESPONSIBILITIES OF THE SCBGIUJ.'ffEE • A. Federal Compliance The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all provisions of the grant agreemems received from the C .S. Depamnent of Housing and L:rban Development {HUD) by the County. These include but are not limited to compliance with the provisions of the Housing and Community Development Act of 19 74 and all rules , regulations, guidelines and circulars promulgated by the various federal departments , agencies, administrations and commissions relating to the CDBG Program . A listing of some of the applicable laws and regulations are as follows : l. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85 ; 3. Title VI of the Ci vil Rights ,\ct of 1964 ; 4. Title Vill of the Ci"il Rights Act of 1968 ; 5. Sections 104(b ) and 109 of the Housing and Community De\·elopment Act of 1974 ; 6 . Fair housing regulations established in the Fair Housing . .\c t. Pub lic Law 90-284 , and Executive Order 11 063: 7. Section 504 of the R.:h.abilitation Act of 19i3 ; 8. Asbestos guidelines esrablished in CPD ~otic e 90-44 ; 9 . The Energy Polic y and Conservation Act (Publ ic Law 94-163 ) and 24 CFR Part 39 ; 10. Equal employment opporruniry and minority bus iness enterprise regulat ions established in 24 CFRpart 570 .904: 11. Section 3 of the Housing and Crban De velopment Ac t of 1968 ; 12 . ~on-discrimination in oiplo:,,ment, established by Executi ve Order 11246 ; 13 . Lead Based paint reg,J.!ations established in 24 CFR Parts 35 and 570.608 ; 14 . Audit requirements es-..ablished in 0MB C ircular A-133 ; and 15 . Cost principles established in 0MB Circulars A-8 7 and . .\-122 . Additionally, in accordance with :4 CFR Part 570, no employee, offic ial. agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest , real or apparent, would arise . The SubGrantee cannot engage in a federally funded contract with an y entity registered in the Lists of Panies Excluded From Federal Procurement or Nonprocurement Programs . 8. Non-Appropriations Clause The SubGrantee agrees that it \\ill include in every contract it enters, which relies upon CDBG monies for funding , a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result from the discontinuance of CDBG funding for any reason . Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103 .6 , C.R.S . with regard to any public work projects . 4 • .. I· 0 - • • • • • - C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure un de: th e County's grant agreement, including those that are identified for the SubGrantee's Projects an d acti vities. shall be allocated to the specific projects and acti vities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and acti vities for w hich the funds are identifi ed . D. Agreement Changes No projects or acti vities , nor the amount allocated therefor, m ay be ch an ged wi thout appro val by the County and acceptance of the revi sed Final Statement and or Co nso li d ated Plan by HCD . if required. Changes must be requested in writing and may not be gin unt il a m odification to this Agreement is full y executed. E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct s up ervision and adm inistrat ion of its res pect i\·e projects or activities . This task shall be accompl ished through the use of the S ubG rantee's staff. agency and employees. The SubGrantee shall be respons ib le for an y inj ury to pe :so ns o r damage to property resulting from the ne gli gent acts or erro rs and o miss ions o i its staff, agents and emplo yees . Because the SubGrantee is re sponsibl e fo r th e d ir ec t supervi s ion ar:d administration oi its projects or activi ties, the County shall no t be li ab le or responsible for cost o \·erruns by the SubG rantee on any projects or activities . The County shall hav e no duty or o bli g:1t io n to pro \i de an y addi tional funding to the SubGrantec if its projects or activ ities cannot be comp leted w ith the fund s allocated b y the County to the SubGrantee. Any cost overruns shall be the sole responsibility o f the SubGrantec . I. The SubGrantee agrees that all funds allocated to it for appro \·ed proj ects o r act ivities shall be used so lel y for the purposes appro ved by th e County . S aid funds shall no t be used for an y non-approved purposes . 2 . The SubGrantee agrees that the funds allocated for an y approv e d p roj ects o r acti vit ies shall be sufficient to complete said projects or activiue s wi thout an y addi tio nal CDBG funding . F. Indemnity To the extent allowed by law , the SubGrantee shall indemni fy an d hold harmles s the C o un ty and its elected and appointed offic ials, officers, employees and agents fr om and against any and all losses , damages, liabil ities, claims, suits, actions or costs, incl udin g anomeys fees , made, assert ed or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees, agents , contractors or subco ntrac tors , aris ing out of or in any way connected with the Project or the performance of thi s contrac:. G. Bonding and Insurance 5 •· I • 0 • • • • .•. . . • • If the SubGrantee's projects involve construction activities , any Contractor it uses for said activities shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimum amounts of insurance as follows : I. Comprehensive General Liability : In the amount of not less than S 1,000,000 combined single limit. Coverage to include: a Premises Operations b. Products/Completed Operations c. Broad Form Contractual Liability d. Independent Contractors e. Broad Form Property Damage f. Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional '.\lamed Insured 1. Waiver of Subrogation 2. Comprehensive Automobile Liability : In the amount of not less than S 1,000 .000 combined single limit for bodily injury and property damage . Coverage to incl ud e : a. Arapahoe County and the SubGrantee as additional ~amed Insured b . Waiver of Subrogation 3. Employers Liability and Workers Compensation : The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that w ill protec t it against any and all claims resulting from injuries to and death of workers en gaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4 . All referenced insurance policies an d/or certificates of insuranc e shall be subJect to the following stipulations : a. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insuranc:: policies so effected shall protect the parties and be primary co verage fo r any and all losses covered by the described insurance . b . The clause entitled "Other Insurance Provisions" contained in an y po licy including Arapahoe County as an additional named insured shall not appl y to Arapahoe County or the SubGrantee . c . The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiums due or for any assessments under any form of any polic y. 6 • I • 0 - • • • • • - d . Any and all deductibles contained in an y inslll'lll1ce pol icy shall be assumed by and at the sole risk of the Contractor. 5. Certificate of Insurance : The Contractor shall not commence work under an y contract funded pursuant to this Agreement until he has submitted to the SubGrantee, recei ved approval thereof, certificates of inslll'3I1ce showing that he has complied with the foregoing insurance requirements. The SubGrantee shall also submit a copy of the Contractor's cenificates ofinslll'lll1ce to the County . 6 . . Notwithstanding the provis ions contained in this paragraph (H) set forth hereinabove, the County reser\'es the right to modify or waive said provisions for projects or activities for which these provisions would pro ve prohibiti ve . The SubGrantee understands , howe ver , that the decision to waive or modi fy those provisions is fully within the discretion of the County . In accordance with 24 CFR parts 84 and 85 , the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold : 1. A bid guarantee from each bidder equivalent to 5% of the bid price : 2. A performance bond on the part of the contractor for 100% of the contrac t price ; and 3 . A payment bond on the part of the contractor for 100% of the co ntract price . H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Projec t. Reco rds are to include document:i.tion verifying Project eligibility and national object ive compliance , as well as financ ial and other administrative aspects involved in performing the Project. The SubGrantee sha ll prov ide fu ll access to these books and records to the County , the Secretary of Hl.:D or his designee. the Office of Inspector General , and the General Accounting Office so that compliance with Feder:i.l laws and regulations may be confirmed. The SubGrantee further agrees to prov ide to the Coun ty upon request, a copy of any audit reports pertaining to the SubGrantee's financi:i.l operations during the term of this Agreement . All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD . This shall include providi ng to the County the information necessary to complete annual Performance Reports in a timel y fashion . J. Timeliness The SubGrantee has submitted to the County , along with its proposal , a description of the work to be performed, a budget, and a timetable delineating the length of time needed for each Project phase, if applicable, through the completion of the projects. The SubGrantee shall comply with 7 • • I • 0 • • • • • - timetable for completion of the projects. The SubGrantee understands that failure to comply with the timetable may lead to a cancellation of the Project and a loss of all unexpended funds , unless the County determines that there are extenuating circumstances beyond the SubGrantee's contro l and that the projects will be completed within a reasonable length of time. The timetable's implementation shall begin when the County provides wrinen notification to the SubGrantee to proceed. K. Reimbunement for Expenses The SubGrantec agrees that before the County can distribute any CDBG funds to it , the SubGrantee must submit to the County's Housing and Community Development Services Di visi on documentation in the form required by that Division which properly and full y identifi es the am ount which the SubGrantee is requesting at that time. The County shall have ten ( I 0 ) w orking days to review the request. Upon approval of the request, the County will distribute th e re q ues ted funds to the SubGrantee as soon as possible. L. Program Income All program income directl y deri ved from the Arapahoe County C ommunity DeYe lopment B lo ck Grant Program received by the SubGrantee w ill be retained b y the S ubGr:i.ntee and wi ll be dispersed for its appro ved CDBG Project ac tivi ties be fo re ad di tional CDBG funds are requ ested from the County. Following completion of the SubGrantee's Arapahoe Counry CDBG Projects. all program income directly generated from the use o f CDBG funds will be remined to the County . ) M. Asset '.\fanagement Any single parcel of real property under the SubGrantee's control that was acquired o r im pro \·ed in whole or in part with CDBG funds in excess ofS25 ,000 will either: 1. Be used for an eli gi b le CDBG acti v ity , as determined by the C o un ty, for a m inimum of fi ve (5) years following completion o f the SubGrantee 's proj ec ts · QR 2. Be disposed of in a manner that results in the County's being reimbursed in the amount of the current fair market value of the property less any portion of the value anributable to e xpenditures ofnon-CDBG funds for ac quis ition of, o r improvements to , the property. Reimbursement is not required after fi ve (5) years foll owing completion of the SubGrantee's projects . N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to appl ic able St ate statutes and County ordinances, resolutions, rules , and regulations . 0. Environmental Review 8 • I • 0 • • IV. • • • -... The SubGrantee agrees that no CDBG funds will be legally obligated to any Project activity before the County has completed federal NEPA emirorunental review procedures, as required by 24 CFR Part 58 . P. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this . .\greement shall apply to any subcontract. Q. Suspension or Termination lbis Agreement may be suspended or terminated by the County if the SubGrantee mat erially fai ls to comply with any term of this Agreement. lbis Agreement may also be terminated for convenience by mutual agree:nent of the County and the SubGrantee. R. In the event that the L'nit of General Local Government should withdraw from the County's "urban County" designation. this Agreement shall terminate as of the terminat io n d:l!e of the County's CDBG grant ..\gre::nent with HuU. S. The SubGrantee cenines that to the best of its knowledge and be lief: I. No Feder:il appropriated funds have been paid or w ill be paid. by or on behalf of it. to any person for influenc ing or anempting to influence an officer or emp lo~ ee of any agency. a '.\.lember of Congress, an officer or emplo yee of Congress. or an employee of a '.\.I ember of Congress in connection with the awarding of an y Fe der al contract, the making of any Federal grant. the making of any Federa l loan. the entering into of any cooperati ve agreement, and the extension, continuat ion. renewal , ame:1drnent, or modificati on of any Federal contract. grant. loan . or cooperati\'e agreement; and , 2 . If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or anempting to influence an officer or employee of an y agenc y, a '.\.lember of Congress, an officer or employee of Congress, or an employee of a '.\.lembe~ of Congress in connection with this Federal contract, grant , loan, or cooperative agreement, it will complete and submit Standard Form-LLL , "Disclosure Form to Repon Lobbying," in accordance with its instructions . T. Disallowance If it is determined by Hl. U or other federal agency that the expenditure , in whole or in pan, for the SubGrantee's Project or acti..,ity was improper, inappropriate or ineligible for reimbursement. then the SubGrantee shall reimburse the County to the full extent of the disallowance. RESPONSIBILITIES OF THE COUNTY A. Administrative Control 9 • ) I • 0 - • • • ,~ .. , ... .. • -' The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds. Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements . B. Performance and CompUance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations. C. Reponin1 to HUD The County will be responsible for seeing that all necessary reports and information requ ired of the County are filed with HUD and other applicable Federal agencies in a timel y fashion. V. EXTE'.'liT OF THE AGREE~:'liT This agreement, including any documents attached as exhib its which are hereb y inc orpo rated here in by reference, represents the entire and integrated agreement between the County and SubGramee and supercedes all prior negotiations , representations or agreements , either written or oral. An y amendments to this agreement must be in writing and signed by both the County and SubGrante e. If any ponion of this agreement is found by a court of competent jurisdiction to be void an d/or unenforceable, it is the intent of the parties that the remaining ponions of this agreement shall be of full force and effect. 10 • ) I . 0 • • • • • -.. In Witness Whereof, the Parties have caused this Agreement to be duly executed this _____ day of _____________ 2001. SubGrantcc : ___ __.C.,.jty.....,o ... f_.E,..n,.g ... l~ ... '/V ... ood~--------- By : ______________ _ Thomas J. Burns Title : ___ .... Ha=--vo""r._ ____________ _ Board of County Commissioners Arapahoe County, Colorado 11 . . . ' ) I . C, 3 I • ,. -.. .. • - EXHIBIT A PROJECT BUDGET COLUMN A COLUMNS COLUMNC COLU!\'L"l'IID PrejldAdi-f.sli-TMAICoscor CDBG Funds Ocher Funds Comm itted (specify by Hae i-) ACIMI)' Rehabd iwion adminisntive $70,000 SS.000 S6 5.000 expenses ~habililllion loans SIJ0,000 w .~s 5-1 5..155 • ' TOTAL: $200 .000 $89.~5 SI 10,3 55 • Prolll2ffl income received from previous years · CDBG loans may also be used 10 prov,de new n,habili~non loans • • I • 0 • • • I ... • • • ADDENDUM NUMBER ONE ' TO THE 2001 COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION SUBGRANTEE AGREE)IENT .. ... This ADODIDUM NUMBER ONE modifies the Arapahoe County Community Development Block Grant SubGrantee Agreement ("Agreement'') by and between Arapahoe County ("County'') and the City of Englewood ("Subgrmtee"). WHEREAS , the J\jreemenl (in Section m .G), requires that if any Subgrantee project involves construction activities. then the Comractor selected by the Subgrantee must provide and maintain insurance in the amounts set forth therein; and WHEREAS , pursuant to Section m. G.6, the Subgrantee desires that the County waive a ponion of the insurance requirements of Section m. G of Agreement; and WHEREAS, the County agrees to the waiver as noted herein . NOW, THEREFORE, IT IS AGREED by the County and the Subgrantee as follows : I. The Subgrantee shall require its selected Contractor to provide: and maintain general liability and property insurance in an amount not less than SS00 ,000 by the Contraetor and to provide and maintain automobile liability insurance and workmen's compensation insurance required by Colorado law. Proof of such insurance shall be provided to the Subgrantee . 2. The Subgrantee and the County reaffirm the provisions of Section ill.F ., concerning administrat ion and indemnification concerning performance of the Agreement. 3. All other provisions of the Agreement not inconsistent with this Addendum Number One are reaffirmed. In Witness Whereof, the Parties have caused this Addendum to be duly executed this ____ da y of ------------· 2001. Subgrantee: ___ ..i,Ca.1ilYa.:..1911.1(_.E ... o .. g.Al!Iew~ood------ By: _____________ _ Thomas J. Burns Title: Mayor •· • • • Board of Cowity Commissioners Arapahoe Cowity, Colorado • . . • - I· • • • • ORDINANCE NO._ SERIES OF 2001 .. • ... • - BY AUTHORITY COUNC IL BILL '.'-10. 19 Ii TRODUCED BY CO C:JCIL MEMBER GARRETT AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUT ION OF TWO INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE 200 1 ARAPAHOE COUNTY COMMUh'lTY DEVELOPMENT BLOCK GRANT PROGR.V.I BETWEEN THE ENGLEWOOD HO USING AUTHORITY AND THE C ITY OF ENGLEWOOD. WHEREAS, the City Council of the City of Englewood passed Ordinance :-So . 39. Series of 1994 that was extended by Amendment No . 2 dated June 16 . 2000. relating to participation in the Urban County Entitlement Progra m for CDBG a nd HO'.\IE Funds for 2001 through 2003 ; and WHEREAS, the Englewood City Council passed Re so lution No. 95 , Series of 2000 supporting Housing and Community Development that a uthorized s ubmittm g an application for 2001 CDBG funding; and WHEREAS, the passage of Council Bill No . 18 , Senes of 2001. will a uthonze the eitecution of an Intergove rnmental Subgrantee Agreements for the 200 I Arapahoe County Community De,·elopment Bl ock Grant Program between the City of Englewood and the Arapahoe County for the Englewood H ousing Authority's Family Seif Sufficiency and Homeless Prevention Programs; NOW , THEREFORE, BE IT ORDAlNED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Section I. The Intergovernmental Subgrantee Agreements for the 2001 Arapahoe Co unty Community Development Block Grant Program between the City of Englewood a nd the Englewood Housing Authority , a re attached hereto as Exhibit A. Section 2. The Intergovernmental Subgrantee Agreements for the 2001 Arapahoe County Community Development Block Grant Program between the City of Englewood and the Englewood Housing Authority are hereby accepted and a pproved by t he Englewood City Council and the Mayor is authorized to execute and the City Clerk to attest and seal the Agreements for and on behalf of the City of Englewood. Section 3. The City Manager shall be authorized to further extend the Intergovernmental Subgrantee Agreements for the 2001 Arapahoe County Community Development Block Grant Program between the City of Englewood and the Englewood Housing Authority, as needed . Introduced, read in full , and passed on first reading on the 16th day of April, 2 ' 'J I. -I - • 10 b iii I • 0 • • • • - Published as a Bill for an Ordinance on the 20th day of April, 2001. Read by title and passed on final reading on the 7th day of May , 2001. Published by title as Ordinance No .~ Series of 2001. on the 11th day of May , 2001. Thom as J . Burns , Mayor ATTEST: Loucrishia A. Ellis, City Clerk .. I, Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No .~ Series of 2001. Loucrishia A. Ellis -2- .----------..... -... --... ---.... • .. •, I • 0 2 I • • • • - SlJBGRAJ.'I'fEE AGREE)-IENT FOR 2001 ARAPAHOE COfiliiTY COMMUNITY DEVELOPl\-lE~"T BLOCK GRANT FUNDS SCBGRA~TEE: CITY OF ENGLEWOOD HOl"SL'lG AUTHORITY PROJECT NA.\'IE: FAi'VUL Y SELF SUFFICIE~CY PROJECT ~Ui'VIBER: 01 Di PS 12-l , . This Agreement is made by and between the City of Englewood. for the County of Arapahoe Community Development Block Grant Program in the Community De velopment Department (hereinafter referred to as the City) and the City of Englewood Housing Authority (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG ) Project for Program Year 2001. I. Pl"RPOSE The primary objective of Title I of the Housing and Commumt y De velopment Act of 1974. as amended. and of the Communit y De velopment Block Grant (CDBG ) Program under this Title is the de ve lopm ent of viable urban communities. by providing decent housing . a suitable livi ng environment and expand ing economic opportunities. principally for low and moderate income persons . The project by the City of Englewood Housing . .\urhority known as the Fami ly Sel f Suffic ie:ic y Project (Project) has been categorized as a Public Serv ices project and the SubGrantee will maintain documentat io n with the national object iv e of Limited Cl iente !e :1cuviues . The SubGrancee may proceed to incur costs for the ProJect as of June 1, 2001 unless made contingent under Section Il-F . En vironmental Re vi ews . be low. and/or subJect to the SubGrantee receiving an offic ial "N otice to Proceed"' from the Count y through the City or Eng lewood. II. WORK TO BE COMPLETED BY THE Sl "BGR\~TEE The following provisions outline the sco pe of the wo rk co be ·ompleted: The SubGrantee will utilize CDBG funding to pro vid e supportive services (such as tuition. books and transportation assistance ) to Englewood Housing Authority tenant families enrolled in the Fami ly Se lf Surfi c1 en cy program . which provides the families with case management. supportive services. and other similar as sistance in order to increase their self sufficienc y and decrease their dependence on publ ic assistance progr:ims . -. A. Payment It is e~pressly agreed :ind understood that the total amount to be paid by the City under this contract shall nor e.,ceed SI0,000.00 . Drawdowns for the payment of eligible expenses shall be made agam st the li ne item budgets specified in Exhibit A and in accordance with performance criteria 1 • • X H I • I T A ) I· 0 • • • • ···' ~-. .. • -.. established in Section II-C. The panics expressly recognize that the SubGrantee is to be paid with CDBG funds received from the federal government. and that the obligation of the City to make payment to SubGrantee is concingent upon receipt of such funds. In the event that said funds. or any part thereof. arc. or become. unavailable. then the City may immediately terminate or amend this agreement. To the extent C.R.S . § 29-1-110 is applicable. any financial obligation of the City to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds bemg appropriated, budgeted and otherwise available . 8. Tuneline All Project :ictivities will be completed by '.\'lay 31, 2002 unless this Agreement is modified by mutual agreement of the City and SubGr:mtee with approval from Arapahoe County . C. Performance Criteria In accordance with the funding application submitted by the SubGrantee for the Project. the cri tena listed below are to be met during the execuuon of the Proje ct. l. Quantifiable Goals : The SubGrantee will provide support1\e se rvices to 25 families enrol led 1n the Eng lewood Housing .\uthority"s F;1mil . Se lf Suiiic1ency program . 2. Community Impact: By providing services. the average panic ipant farruly will de crease its T . .\:S.r and food stamp assistance by 50% during the grant penod. The SubGrantee will maintain written records documenting the Projecr"s community impact for a period of five years following compleuon of th e Project. This information is to be made av:iilabie (upon request ) to the C ity of Eng lewood. Arapahoe County or the l'.S. Department of Housing and Crban De velopment for mon ito nng purposes . 3. Project Milestones: June 30.2001 : September 30, 2001 : Ouarterlv milestones Provide supportive services to 2 families Cumulative milestones Provide services to 2 families Ouarterlv milestones Provide services to 6 families Cumulative milestones 2 • ' .. • J ) I . 0 3 • • -• D. t ~-. • December 3 l . 200 l: March 31, 2002: May 31. 2002 : Reporting Requirements • - Provide services to 8 families Ouarterlv milestones Provide services to 7 families Cumulative milestones Provide services to 15 families Ouarterlv milestones Provide services to 6 families Cumulativ e milestones Provide services to 21 families Ouarterl v milestones Provide services to -l famili es Cumulati ve mile sto nes Provide services to 25 families •. Submit fi nal drawdown and complet ion report to County 1. Each SubGrantee OrJwdown Request will include progress reports for the period fo r which payment is being requested. 2 . Projec t reports will be due \ ithin 30 d:i ys follow ing the end of each c:.1l endar year quarter ('.\farch 31, June 30. Septem ber 30. De cember 31 ) until the Project is co mpleted . 3. The official annual audit :.1nd/or Financial S t:itements fo r the SubGrJn tee in which both revenues and expenditures for the CDBG ProJects dcscnbed here in are detailed are due annually . E. Labor Standards (Davis-Bacon) It is determined that: Project activities do not require compliance with federal labor stand:lrds. F. Environmental Review Environmental review will be completed by Ar.lpahoe County staff in order to determine whether funher action is necessary . The SubGrantee will not commit or e.\pcnd an y Project funds prior to 3 .. ) I • 0 - • - • • - the completion of the required environmental review process and receipt of any necessary Release of Funds from the U.S. Department of Housing and Urban De velopment. G. Uniform Relocation Act (l1RA) Project activities do not require compliance with the Uniform Relocation Act. III. RESPONSIBILITIES Of THE SllJGR..\.VfEE • A. Federal Compliance The SubGrantee shall comply with all applicable federal laws, regulations and requirements , and :ill provisions of the gr:int agreements recei ved from the C .S. Department of Housing and Crban De velopment (HlTI J by the County. The se include but are not li mned to compliance wnh the provisions of the Housing and Commun ity De\e lopment . ..\ct oi 1974 :ind :ill rule s. regul:iu ons. guidelines :ind circul ars promulgated by the v:inous feder:il de;,:mments. :igenc 1es . :idmimstr:iu ons and commissions relat ing to the CDBG Progr:im . A lis ting oi some of the appl i :ib le laws and regulations are :is follows: l. 24 CFR P:irt 570: 2. 24 CFR P:irts 84 :ind 85 : ~. Title VI of the C ivi l Rights ...\ct of 1964 . 4 . Title VIII of the Civil Rights Act of 1968. 5. Sections l0-4 (b ) ;.ind 109 of the Housing :ind Community De ve lop ment ...\ct of 1974 : 6 . Fair hous in g regulations esub lish ed in the Fair Hou sing Act. Pub lic Law 90-284 . and Executi ve Order 11063 : 7. Section 504 of the Rehab ilit:rnon . ..\ct oi 19 3: 8. Asbestos guidel in es established in CPD :-iotice 90--1-+: 9 . The Energy Pol icy and Conservation . ..\ct (Pub lic Llw 94-163 ) and 24 CFR P:irt 39: 10 . Equal employment opportumt~ and minonty business enterprise regulauons established in 24 CFR part 570.904 : 11. Section 3 of the Housing and C rban De velo pment . ..\c t of 1968 : 12 . Non-discrimination in employment. estab lished by E.,ecuti ve Order 11246 : 13 . Le:.id Based paint regulations established ,n 24 CFR P:irts 35 and 570 .608 : 14. Audit requirements established in Ol'vIB Circular A-13 3: and 15 . Cost princ iples established in Ol'vIB Circul ars . ..\-8 7 and . ..\-122. Additionall y. in accordance with 24 CFR P:irt 570. no employee. official. agent or consult:mt of the SubGrantee shall exercise any function or respons ibility in which a conflict of interest . re:.il or apparent. would :1rise . The SubGrantee cannot eng :ig e in a federally funded contract with :.iny entity registered in the Lists of Part ies Excluded From Feder:il Procurement or Nonprocurement Programs . 4 • > I • 0 - • • -• • • • 0 B. Non-Appropriations Clause The SubGrantee agrees that it will include in e very contract it enters. wh ich relies upon CDBG monies for funding , a non-appropriation clause that will protect itself and the City and Arapahoe county from any liability or responsibility or any suit which might result from the discontinuance of CDBG funding for any reason . Because this SubGrantee Agreement in volves funds from a federal gr.mt, to the extent there is a conflict the funding pro vi sions of th is SubGrantee Agreement. the federal grant and the federal statutes control rather than the pro visi ons of Section 24-91-103 .6. C .R.S . with regard to any public work projects . C. Expenditure Restrictions All CDBG funds that are approved by HLU for expenditure unde~ the County's grant agreeme:u. including those that are identified for the SubGramee ·s Projects and activities. shall be allocate d to the spec ifi c projects and activities described and isted in the grant :igreements . The allocated funds shall be used and expended only for the projects and acnviues for which the funds are identified . D. Agreement Changes No projects or activities. nor the amount allocated therefor. may be changed w ith out :ipp ro v:i l b: the City :ind ,\rapahoe County and accept:>.nce of the re vised Final St:nement and/or C o nso lidated Plan by HlTI. if required . Changes must be requested in writ ing and ma y no t be gin unt 1 J modification to this Agreement is fully e:~ecute d. E. Direct Project Supen'ision and Administration The SubGrantee shall be responsible for the direct supervi sion :md :idm1nistran o n of its respe \:u ,e projects or acti vities . This task shall be accomplished through the use of the SubGramee's staff. agenc y and employees. The SubGrancee shall be responsib le for an y inJury to persons o r damage to property resulting from the negligent acts or error, and omissions o r" its staff. agents and emplo:-ees. Because the SubGrantee is responsible for the direct supervision and administration of its projects or acti vi ties. the City shall not be liable or responsible for cost o,ernms by the SubGrancee o n an y projects or acti vi ties . The City shall h:i ve no dut y or obligation to provide an y addiuonal fund ing to the SubGrantee if its projects or acti vities cannot be completed with th e funds all ocated by the C ity to the SubGrantee . Any cost o verruns shall be the sole responsibil ity of the SubGrantee . 1. The SubGrantee agrees that all funds allocated to it for approved projects or acn vi tie s shall be used solely for the purposes approved by the C ity and Arapahoe County. S.iid funds shall not be used for any non-approved purposes . 2. The SubGrantee agrees that the funds allocated for any approved projects or acti vi ties shall be sufficient to complete said projects or activiues without an y addiu o nal CDBG funding . F. Indemnity 5 . ' I • 0 ] • • -• • • - To the e:<.tent allowed by law , the SubGrantee shall indemnify and hold harmless the City and Arapahoe County and its elected and appointed officials. officers. employees and agents from and against any and all losses . damages . liabilities. claims. suits. actions or costs, including attorneys fees. made , asserted or incurred as a result of any damage or alleged damage to person or propert y occasioned by the acts or omissions of SubGrantee , its officers, employees , agents , contractors or subconcractors, arising out of or in any way connected with the Projec t or the performance of this contraet . G. Bonding and Insurance If the SubGrantee's projects invol ve construction activities. an y Contractor it uses for said act ivities shall be required to provide and maintain. until final acceptance by the SubGrantee of all work by such Contractor , the kinds and minimum amounts of insurance as follows: l. Comprehensi ve General Liabili ty: In th e amount of not less than S L.000 .000 .:omb1ned single limit. Co verage to include : a. Premi ses Ope~at io ns b. Products/Comp lete d Oper:itions c . Broad Form Contr:i.c tu al Liability d. Independent Contr:ictors e. Broad Form Propeny Damage f. Emp loyees as ,1-.ddiuo n:i.l Insured g. Personal ln3ury h. Arapahoe County :ind the SubGrantee as .-1..dditional :1fame d In su red 1. Wai er of Subrogat ion 2. Comprehens iv e Automob ile L1:i b1lity : ln the :i.rnount of not less than S L.000 .000 combined single li mn for bodi ly mJury and property dlmage. Coverage to in lude : 3 . 4 . a. City of Eng lewood. Ar apahoe County and the SubGrantee as addiuonal Named Insured b. Wai ver of Subrog:it ion Employers Lia bility and Workers Compen sation : The Contrac to r shall secure and maintain employer's liabilit y and Worker's Compensation Insurance that will prote ct it ag:iinst any and all claims resulting from injuries to and death of workers eng:iged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogai ion . All referenced insur:in ce policies and/or certificat es of insurance shall be subject to the following ,1ipu!Jtions : 6 • I • 0 •' • • 5. • • - a. Underwriters shall have no rights of recovery subrogation against the City of Englewood. Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance polic ies so effected shall protect the parties and be primary coverage for an y and all losses covered by the described insu ran ce . b. The clause entitled "Other Insurance Provisions ·· contained in any po licy including the City of Engle wood and Arapahoe County as an additional named insured shall not apply to the City of Englewood, Arapahoe County or the SubGrantee. c. The insurance companies issuing the polic y or policies shall ha ve no recourse against the City of Englewood . Arapahoe Count y or the SubGr:mtee for pa yment of :my premiums due or for any :i.s sessments under any form of any policy. d. Any and all deductibles contained in any insurance po licy shall e :issumed by and at the sole risk of the Contractor . Certificate of Insurance : The Contrac tor sha ll not comm ence work under un~ contract funced pursuant to this Agreement unt tl he hus submitted to th e: SubGrantee . re::ei ved approval thereof, certificates of insur:ince sh o \, in :: th.Jt he: ha s complied with the foregoing insurance requ irements . The SubGr tee sha ll al so submit :i. copy of the Contracror's cemricates ot insuran e to th e C it~ 6. lliotwithstJ.ncing the pro visions contained in th is parJg r:.ip h (HJ se t r rt h hereinabo ve. the Cit y reserves the right to modif. or wa 1 \e said pro\ 1s1o ns for projects or ac:ivi ties for which these pro v1s 1ons would prove proh 1b1t 1\e. The SubGrantee understands . ho we\ er. that the de::1sion to ,, JJ \ e or moc!1 t~ th os e pro visio ns is fully within the discretion at the C ity . In accordance with 14 CFR p.i.rts 84 and 85 . the followi ng bunding requirements sha ll app l_ to all projects exceeding the simpliried acquisition th resh old: l. 1. 3. A bid guarantee from each bidder equivalent to 5% of the bid price: A performance bond on the part of th e co ntr:ic to r for IOOC"o of th e co ntract pm:e : and A pa yment bond on the part of th e contracto r for l00'7c of the co ntract pnce . H. Records The SubGrantee shall maintain a complete set of books and records documenting its use ot CDBG funds and its supervision and administration of the Project. Records are to include documentation verifying Project eligibility and national objecti ve compliance. as well as financial and other administr:1tive aspects involved in performing the Projecr. The SubGrantee shall pro vid e full access to these books and records to the City . Arapahoe County , the Secretary of Hl TI or his designee. the Office of Inspector General , and the General Accounting Office so that co mpliance 7 • ) I • 0 • • ,_. • • -.. .... with Feder.ii laws and regulations may be confirmed. The SubGrantee further agrees co provide to the C ity upon request. a copy of any audit reports pertaining to the SubGrantee·; financ ial operations during the term of this Agreement. All records penaining to the ProJect are to be maintained for a minimum of five ye:irs following close-out of the Projec t. I. Reporting The SubGrancee shall file all reports and other information necessary to comply with applicable Feder.it laws and regulations as required by the City. Arapahoe County and Hl,TI . This shall include providing to the City the information necessary to complete annual Performanc e RepollS in a timely fashion . J. Timeliness The SubGrantee has submitted to the C ity, along wi th its proposal. a desc:iprion of rh e wo rk co be performed. a budget. and a timetable delineating the length of tim e needed fo r each Project ph:ise. if applicable. through the completion of the projec ts. The SubGrantee sh;.il l .:amp ly with 1met:ible fo r completio n of the projects. The SubGr:intee understands rh:it failure to comply with th e tim e ta ble may le:id to a cancellation of the Project and a loss of all unexpende d funds. unless the C ity :ind Arapahoe County determine that there are extenuat ing circumstances be yond the SubGr:rntee ·; control and that the projects will be c ompleted within a reasonab le length of tim e . T he ti metable '; implementation shall begin when Arapahoe County provides written nocification to the Cit y to proceed . K. Reimbursement for Expenses The SubGrantee agrees that before the C ity can distribute any CDBG funds to it. the Su bG r:rnree must submit to the C ity's Community De ve lo pment Department doc:imentation in the form required by _.\r:ipahoe C o unt y \~h1ch prope rly and fully identifies the amount which th e SubGr:mtee is requesting at that ti me . The C ity shall have ten ( 10 ) working d:iys to re•:i ew the request. Cpo n approval of the request. the C it_ will distribute the requested funds to the SubGrantee as soon as possible . L. Program Income All program income directly deri ved from the Ar;.ipahoe County Commun1t y De ve lo pment Bl ock Grant Program received by the SubGrantee will be retained by the SubGr:mtee and wil! be dispersed for its approved CDBG Project ac tivi ties before additional CDBG funds are requested from the County. Following completion of che SubGrantee's Arapahoe County CDBG Proje cts. all program income directly generated from the use of CDBG funds will be remitted to the Count y. M. Asset '.\olanagement Any single parcel of real property under the SubGrantee's control that was acquired or improved in whole or in part with CDBG funds in excess of S25,000 will either: 8 • . ' I • 0 • • • • • - l. Be used for an eligible CDBG :i.ctivity, as determined by the City and Ar:ipahoe Count y, for a minimum of five (5 ) years following completion of the SubGr:intee·s projects: OR 2. Be disposed of in a manner that results in the City's and :\rapahoe County's be ing reimbursed in the amount of the current fair market value of the propert y les s :my portion of the value attributable to expenditures of non-CD BG funds fo r acqu istt1 on of, or improvements to , the prope:-ry . Reimbursement is not re qu ired after fiv e (5) years following completion of the SubGrantee '; proje cts. N. State and County Law Compliance All responsibilities of the SubGrantee enume~ted here in shall be su bJ ect to applic:i ble St:u e statutes :ind City and Count y ordinances , resolutions. rules . and re gul:iuo ns. O. Environmental Review The SubGr:intee :igrees th:ic no CDBG funds will be legall y obl ig:i te d m :in~ Pro1ect J C!J, ny be fo re the Count y has complete d federal '.'IEP .\ en vironmental re vi ew procedure s. as rec; ired by 2-+ CFR Part 58. P. Subcontracts If subcontr:icrs are used on the Project. the SubGr:intee agrees that the pro vi si ons oi this Agr ee ment shall app ly to an y subcontr:ict. Q. Suspension or Termination This .\greemen t ma y be suspended or terminated by the City if the SubGr:intee ma te rially fails :o compl y with an y term of this Agreement. This .\greement ma y also be termin :it ed fo r ;;o n,enie nce by mutu:il agreement of the City and the SubGrantee . R. In th e event th:i t the l'nit of General Loc:tl Government shou ld withdr:iw fro m the County 's "t.:rb :in Coun ty" design:it io n. this Agreeme:,c shall termin:ice as of the terrrun :i tio n d:ne of the C ount y's CDBG grant Agreement with HU) . S. The SubGr:intee cert ifies that co the best of its knowledge and belief: l. No Feder:il appropriated func!s ha ve been paid or will be paid . by or on behalf of it. co any person for intluencing or :ittempung to intluence an officer or emplo yee of an y agenc y. a ~!ember of Congress. an officer or employee of Congress . or an employee of :i Member of Congress in connection with the awarding of an y Feder:il contr:ict. the making of any Feder.ii gr.int . the making of any Federal loan. the entering into of any coope~ve agreement, and the extension. continuation. 9 • • I I • 0 • • • • ' . .. • • renewal. amendment, or modification of any Federal contr.ict . grant. loan. or cooper.iti ve agreement; and. 2. If any funds other than Feder.ii appropriated funds have been paid or will be paid to any pe:,on for influencing or attempting to influence an officer or employee of any agenc y. a '.\1ember of Congress , an officer or employee of Congress. or an employee of a '.\1ember of Congress in connection with this Federal contract. gr.mt. loan. or cooper.itive agreement. it will complete and submit Standard Form-LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions. T. Disallowance If it is determined by Hl 1) or other feder:il agency that the e:~penditure. in whole or in part. for th e SubGrantee 's Project or activity was improper, inappropriate or ineligible for reimburse:nent. then the SubGr:intee shall reimburse the County to the full extent of the disallowan ce. IV. RESPONSIBILITIES OF THE COl ~TY ..\. ..\dministrati\'e Control The P:imes recognize and underst:ind that the Count y will be the go vernment:il ent ity required to e.,ecute all gr:int ag!'!e:nents recei\'ed from HlTI pursu:int to the Count y's request s for CDBG funds . According ly. the SubGrantee agree s that JS to its projects or acti vities performe d or conducted under an :, CDBG :igreement . the Count y shall have the necessary administr:it ive control required to meet Hl TI requirements . B. Performance and Compliance '.\-lonitoring The Count y's adm 1mstrJt1 \'e obligauons to the Su bGr:intee pursu:int to par:igr:iph A :ib ov e shal l be limited to the perfor:71ance of the :idmimstr:it i\e tasks necessary to make CDBG funds av:Hl:ible to the SubGr:intee and ro provide a '.\1onitoring Speci:ilist whose job it will be to monitor the v:mous projects funded with CDBG monies to mon it or compliance with applic:ib le Feder:i l laws and regulat ions. C. Reporting to Hll) The Count y will be responsible for seeing that all necessary re;,orts and inform:i uon required of the Count y :ire filed with Hl'"D and other applic:ible Federal agencies in :i timely fashion . V. EXTE:'iT Of THE ..\GREE:\'IENT This :igreement. including :.my documents attached JS exhibits which :ire hereb y incorpor:ited herein by reference, represents the entire and integr:ited agreement between the Cit y :ind SubGrantee and supercedes all prior negotiations , representations or agreements, either written or or:il. Any amendments to this :igreement must be in writing :ind signed by both the City :ind SubGr:intee . If 10 .. ) I· 0 - • • • • .. • • 0 any portion of this agreement is found by a coun of competent jurisdiction to be void and/or unenforceable , it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect. 11 • • J I· 0 I - • • • .. • -' In Wimcss Whereof, the Parties have caused this Agreement to be duly executed this ____ day of -----------· 2001. SubGrantee: Citv of Englewood Housing Authoritv By:·--------------~ Title : _________________ _ City of Englewood Thomas J. Bums, Mayor Attest: Loucrishia A. Ellis, City Clerk • 12 • .. ' . ) I . 0 32X • - • • C • ... ~· EXHIBIT A PROJECT BUDGET COLUMN A COLUMNS COLUMNC COLUMND Project Acllftliol ~TowC•ol CDIIG FUDds Olll<r FWlds Committed (specify by u.. ~ AamlY C-~t s-:.ooo so s.i:.ooo Sopponivc Sctv1 ca 51 0.000 5 10.000 so TOTAL : 55 1.000 5 10.000 s.i :.ooo • • I· 0 • ] -• • I· .. , • -' BY AUTHORITY ORDINANCE NO._ SERIES OF 2001 COUNCIL BILL NO . 20 INTRODUCED BY COUNCIL MEMBER GARREIT AN ORDINANCE AMENDING TITLE 5, CHAPTER 38. SECTION 3, SUBSECTION B , OF THE ENGLEWOOD MUNICIPAL CODE 2000 , WHICH PERTAINS TO OCCUPATION TAX FOR 3 .2 BEER ON PREMISES LICENSES AND 3.2 BEER ON/OFF PREMISES LICENSES. WHEREAS, the passage of Ordinance No . 50. Series of 19 0 , increase d the a nnua l occupation tax for 3.2 beer licenses to $950.00 , in e s tablishments where the be er is served by the drink on the premises and establis hments whe r e it ca n al so be s old in sealed containers for off-premises consumption; and WHEREAS, Occupation Taxes are intended to cov e r the increas ed cost of services required by these types of establishments; and WHEREAS, until the phase-out period of 1987 through 1989, eighteen to twenty year olds were allowed to consume 3.2 beer; and WHEREAS, on-premises and on/off premises, 3 .2 beer establishments typically required extra services, such as police and fire and therefore , the highest occupation tax was imposed ; and WHEREAS. due to the change in the law whereby persons under twenty-one year of age are no longer able to consume 3.2 beer, the establishment's customers a r e now adults , consuming the lowest alcohol-content beverage ; and WHEREAS , the passage of this Ordinance will reduce the annu al occupation tax for 3 .2 Beer, On-Premises Licenses , as well as for 3 .2 Beer On/Off Premises Licenses and make them comparable with Beer and Wine Licenses and Club Liquor Licens e s; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon 1. The City Council of the City of Engle wood , Col orado here by authorizes amending Title 5 , Chapter 38, Section 3, Subsection B, of the Engle wood Municipal Code 2000, to read as follows: 5-3B-3: Annual License Fees and Occupation Tax. A . Annual license fees shall be paid to the City a s provided by State law , shall be paid in advance, and shall not be rebated or di counted on a proportionate basis for any li cense m exi t e n ce or issued for le s s than a ye ar. Said fees shall be in addition lo any annual h cc n e fees or r e gistration fee s required to be paid to the State . . I . • 10 b iv I • 0 ] • • • I • ...... .. • • ' B . The business of selling at r etail any fermented malt beverage , ma lt, vinous or spirituous liquors, is hereby defined and separately classified as an occupation as specified below. The following annua l occupation taxes are hereby established and shall be paid by the applicant or licen see to the City : 1. Retail liquor store: $300 .00 2. Liquor.licensed drug stor e: 300 .00 3 . Beer and wine : 450 .00 4. Hote l a nd re staurant: 650.00 5 . Tavern: 650 .00 6 . Club: 450.00 7. Arts: 00.00 8 . Brew pub: 750.00 9. Optional premises: 650.00 10 . Optional premises with hotel/re staurant license: 100 .00 each optional premises 11 . Bed and breakfast: 00.00 12 . Mini bar: 450.00 13 . All licensees licensed to sell fermented malt beverages for consumption both on and off the premises:~ 45 0 .00 14 . All lic en sees li ce nsed to sell only fe rme nted malt beverages by tho drink for consumption on the pre mi ses:~ 450.00 15 . All licensees licensed to sell only fermented malt beverages in their original containers for consumption off the premises: 300.00 Said taxes shall be in addition to the annual license fees paid to the City and the State and shall be paid prior to the issua nce or renewal of the City license. No refund of any tax paid in accordance with this Chapter shall be made to any person who discontinues or sells his/her business during the duration of the li ce nse ; provided, however, that the new owner of any est abli s hm e nt, when approved as the new licensee, s hall be credited on a daily bas is for a ny occ up a tion tax paid by the previous owner for the unexpired term of the previous owner's li ce nse . -2- ' ' ) I • 0 ]-- • • • I r • .. • - In addition to any other remedy provided by this Chapter, the City s hall have the right to recover all sums due and owing under this Chapter by any civil remedy available under existing law. Furthermore, the provisions of Section 4-4-19, Englewood Municipal Code ,--1-98& 2000, "Unlawful Acts", is incorporated herein a nd made applicable thereto. Sectjon 2 Safety C)ayses The City Council hereby finds , determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety , and welfare of the public, and that this Ordinance is nece ss ary for the preservation of hea lth a nd safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Sectjon 3 Severabiljty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the rem a inder of this Ordinance or it application to other persons or circumstances. Sectjon 4 Inconsjstent Ordjnances . All other Ordinances or portions thereo f inconsistent or conflicting with this Ordinance or a ny portion hereof a r e hereby repealed to the extent of such inconsistency or co nflict . Section 5 Effect of repeal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty. forfeiture , or liability, either civil or criminal, which shall have been incurred under s uch provision, and each provision shall be treated and hel d as still remaining in force for the purposes of sustaining any and all proper actions. s uits, proceedings, a nd prosecutions for the enforcement of the pe nalty, forfeiture , or li a bility, as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Sectjon 6 ~ The Penalty Provi sio n ofE.M.C. Section 1-4-1 s ha ll apply to each and every violation of this Ordinance . Introduced , read in full , and passed on first reading on the 16th day of April , 2001. -3- • .. I • 0 - • • • • )· ~ .. .. • -.. Published as a Bill for an Ordina nce on the 20th day of April , 200 l. Read by title and passed on final readin g on the 7th day of May, 2001. Published by title as Ordina nc e No ._, Series of 200 1, on the 11th day of May , 2001. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final r eading and published by title as Ordinance No . _, Series of 2001. Loucrishia A. Ellis -4- .. .. ' I • 0 2 I - • • • ORDINANCE NO._ SERIES OF 2001 ... • • - BY AUTHORITY ' COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER GARRE'IT AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT PERTAINING TO A RETAINING WALL AND FENCE IN THE CITY PUBLIC RIGHT-OF-WAY . WHEREAS , Section 11-3-4 of the Englewood Municipal Code 2000 provides that an encroachment into public right-of-way may be granted upon compliance with certain terms and conditions and the issuance of an encroachment permit and indemnity agreement issued by the City: and WHEREAS , the property owner wa s observed building a retaining wall in the City's public Right-Of-Way along Whitaker Drive ad1acent to the property located at 4996 South Kalamath Street; a nd WHEREAS . the property owner was noufied that the co ns truction wa s in violation of the Englewood '.\1uruc1pal ode and that an encroachment permit would need to be obtained prior to proceeding a ny further with this construction; and WHEREAS , the city of Englewood received an application for an encroachment permit from the Owner of 4996 South Kalamath Street for a retaining wall: and WHEREAS , after revtew of the e ncroachm ent permit it was determined that the proposed encroachment e xceeded taffs admm1strat1ve authority as provided in Title 11-3-4 ; and WHEREAS, the proposed encroachmg retaining wall exceeds the allowable s ight triangle at a comer by six mches (6") m height; and WHEREAS, approval of this Ordinance will authorize an "Encroachment Permit And Indemnity Agreement' formally recognizing the dimensions of the encroachment: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Sectjpn 1. An encroachment for a three foot (3') high retaining wall. as measured from the back of the sidewalk and constructed four feet (4') into the City 's Right-Of. Way as identified in "Exhibit A." is hereby granted . -1- • 10 bv ) I • 0 l • • • • • • Sectjon 2. The "Encroachment Permit And Indemnity Agreement" attached hereto as "Exhibit A," is hereby accepted and approved by the City Council of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 16'' day of April , 2001. Published as a Bill for an Ordinance on the 20th day of April, 2001. Read by title and passed on final reading on the 7th day of May , 200 l. Published by title as Ordinance No . ~ Series of 2001 , on the 11th day of May, 2001. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 2001 . Loucrishia A. Ellis -2- .. D I • 0 2X • • • • J •• • • ENCROACHMENT PERMIT A.'ID INDEMNITY AGREEMENT THIS AGREEMENT. made this ..if?_ day of /I.pr~ / 2001 , between the City of Englewood, Colorado, a municipal corporation. and Scott A. and Angela :vi . McCauley. the owners of a certain parcel of real property legally describes as : Lot 17 Whitaker Subdivision and commonly known as : 4996 South Kalamath Street Englewood, Colorado 80110 The City of Englewood, Colorado, hereby grants to said owners of the property at the above described location permission to : Construct a segmental block retaining wall parallel to Ka la math Street a m inimum of one foot (l') behind the public sidewalk from the front entry walk at 4996 South Kalamath Street, south to Whitaker Drive, thence around the corne r and to the east along Whitaker Drive to a point thirty-eight feet (38 ') west of the eas t property line of the subject property . The wall may be a maximum of three feet (3') hi gh a s measured from the back of walk. This is an encroachment of four feet (4') into the Cit y Right-Of-Way on both Kalam a t h S treet and Whitaker Avenue . The aforesaid property owners and their heirs and a ssigns understand and a gree t hat : 1. That the existi ng water meter and water meter lid in front of 4996 South Kalamath shall be brought up to grade, per the attached detail and sha ll meet the requirements of the Utility Department of the City of Englewood . Property owners shall call for an inspection after the work has been completed . An accep t a nce of these wa ter meter alterations is a condition precedent to the gra nting of :lus perm it . 2. That the property owners shall obtain the necessary variance s and permits r equired prior to constructing any fences or retaining walls in the pub lic Right-Of-Wa y a n d shall comply with all zoning and building regulations for t he R-1-A Zone D1s tnct. 3 . That this permission is revocable at will and without cause by the City of Englewood without hearing and without notice other than Notice of Re voca tion . 4 . 5 . 6 . That the property owners shall remove the retaining wall and fe n ce fro m the public Right-Of-Wa y widun thirty (30) days after receiving ?llot1 ce of Re vocation by personal service or certified mail. That if the City ever determines that improvements need to be installed along Kalamath that may impact the wall. that the property owners shall be responsible for any increaaed costs incurred by the City for removing or working around the retaininc wall . That the property owners are estopped to deny the right of the City of Englewood. Colorado , to revoke the Encroachment Permit or to deny the property rights of said City. • • )( ... I • I T A I • 0 ] • • • • '· •' .. • -... 7 . That the property owners agree to reimburse and indemnify the City of Englewood , Colorado, for all necessary expenses of whatever nature that may be incurred in revoking this Permit, removing the structure placed in the public Right-Of-Way , or any other expense as a result of granting the Encroachment Permit. 8 . That the property owners shall maintain insurance coverage sufficient to satisfy any liability arising as a result of this Encroachment Permit and Indemnity Agreement and the City of Englewood shall be held harmless from any and all liabilities arising from this action. A copy of an acknowledgement of coverage shall be provided to the Director of Public Works. 9 . That this Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, assigns and successors of the respective parties. IN WITNESS \VHEREOF , the parties have set their hands the day and year first written above. CITY OF E~GLEWOOD a municipal corporation By: ---------------------Thomas J . Burns, Mayor ATTEST : By : _______________ _ Loucrishia A. Ellis, City Clerk PROPERTY OW)IBR STATE OF COLORADO ) ss. COUNTY OF ) ±J. ~~fing instrument was acknowledged before me this/Q: day of LJ1.t, 2001, by Scott A. McCauley as the property owner of 4996 outh Kalamath Street, Englewood, Colorado 80110. My Commission expires : f: -.Ji -Q:37 ;4¥ef41,f g hll.4 Notary Publi ,. ' ... . ' .- ) I • 0 - • • • • .. • -.. PROPERTY OWNER By: --"u.'--,,:::.la:;...;'.'.1::;;; . ...1.3-;...._aul-· e-~-Pro-:-~-y~4-ne-r ---- 4996 South Kalamath Street STATE OF COLORADO ) ) ss . COUNTY OF ) The foregoing instrument was acknowledged before me this t1!:. day of /') /lrl , /} _ 2001 , by Angela M. McCauley as .&996 South Kalamath Street, Eng~'"'-'../ Colorado 80110. My Commiaaion expires: t/ -J:S :0::5'. &ri.at.t~Uut& Notary Public • . ' 0 I • 0 3 X - ,C) . o r <:> : ,C) .-- • • • • • • .. . /,~;:-----·---r-~ -(~~ ~\ ~ ~A ~ ~ f 0--'t- ~ ~ ... a,..~ ... C) ~ '! :~ ij 0 • I ~~ ~ ~ -~ L--!· "=' i -r:i.' ~- ~ t . . c-· l ~ i ..... 1~ 12 0 I • 0 -• I • ,, .. • - If final grcae has ncr o~n <!SiCCUsnea 0 1 ;nc;, • time of installation , Plumt:er must raise er lower meter pit when grade hes be-..n established, by order of ccnfrac~r or owner. ---------........ I I , :ii:,' -: ' c=paer ' Ins/a/I lid at astctlisl1ed grade tap of meter snail be 9·!/2"below top ofttcme A ll sert ing mus: :,e ins ;::ec:e c: ::, . Ut il ities Dep t. on c::mo l.:t i,-.., :f · Consrruc~icn i:E?CRE ce !f".: cc::;Jpied . • / ~----E·--· ___ ...-,; NO T£. No ins:allcticn in drive:vays.ptl must ,;r3 clear of all dirt brick and ;IC. Lccotion of meter to be deterr.1ined by -. Utilies Dept. • · METE~ SIZE ~/S"x 3/4" 3/4" i" • -. A 12-515 " 14-1/4" 17-1/4" I 6 I I 7-13 /1 6" I I 9· ~/1 6" I I II -I/ 16 " I C I D E l 7-L:/16" I 4" 24" I 8-15 /1 6 " I 5" 24" I 11 • 1/4" [ s" 24" I Uti lities Deportment rrb IC-76 ' .. 0 I . 0 • • • • /,, ... ~,. ... t • .. • -.. ' JOtl ONNO._ SERIES OF 2001 A RESOLUTION AUTHORIZING THE ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTIO N AGREEMENT. WHEREAS, the Englewood City Council made changes to the NonEmergency Retirement Plan allowing optional participation in the Defined Benefit Pension Pla n or the Money Purchase Plan with the passage of Council Bill No. 17 , Series 2001 ; and WHEREAS , the City desires to change the ICMA-RC Mid-Manager, Supervisor and Confidential 401a Plan to allow Non-Exempt, Non-Emergency full -ti me p er son n el the option of participating in either the Defined Benefit Pl a n or the Money Purchase Pla n ; a nd WHEREAS , the passage of this Resolution amends the existing I CMA-RC Mid-M a n age r , Supervisor and Confidential 401a Plan to permit Non-Exempt, Non -Em e rgency perso nne l to join the Plan and renames the Plan the NonEmergency Employees Money Purchase Pla n ; WHEREAS, the City desires that its NonEmergency Employees Mon ey Purch ase Plan be administered by the ICMA Retirement Corporation and that the fund s held under s uch Pl a n be invested in the ICMA Retirement Trust, a trust established by public employer s for the collective investment of funds held under their retirement and deferred compensation pl a ns; WHEREAS, the Englewood Non-Emergency Employees Retirement Board passed the adopted changes to the Plan at their March 20, 2001 , meeting; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO , THAT: Section I. The City Council of the City of Englewood, Colorado here by a uthori zes the "ICMA Retirement Corporation Governmental Money Purchase Plan & Trust Adoption Agreement", a copy of which is marked as "Exhibit A" and attached hereto. Section 2. The Director of Finance and Administrative Services and City Clerk are h e r e by authorized to sign and attest said the "ICMA Retirement Corporation Governmental Mon ey Purchase Plan & Trust Adoption Agreement" on beh a lf of the City of Englewood . ADOPTED AND APPROVED this 7th of May , 2001. Thom as J. Burns, Mayor ATTEST: Lo ucri s hia A. Ellis, City Clerk • .. '· • I • 0 - • • • Jt ,1 ;, ...... 1 '<f ., ... • -' COUNCIL COMMUNICATION Date Agenda Item Subject Res o luti on making changes to th e May 7, 2001 10 C i City of Englewood 's MSC M oney Purchase Plan Initiated By I Staff Source Deoartment of Finance and Administrative Services Frank Grv~dewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Non-Emergency Employees Retirement Board passed a motion to re co mmend the City Council adopted changes to the Plan . RECOMMENDED ACTION The Non-Emergency Employees Retirement Board and Staff re commend City Council approve this resolution making changes to the ICMA-RC Mid-Manager, Supervis or, and Confidential 401 a Plan that allows the non-exempt no n-emergency full -time personnel the op ti on of participating in ei th er the defined benefit or the money purchase plan . The Plan will be renamed as th e NonEmergency Emplo ye es Money Purchase Plan. BACKGROUND INFORMATION The City Council passed an ordinance to make changes to the NonEmergency Employe es Retirem ent Plan that provide a one-time option for non-emergency employees to choose between the defined benefit pension or the money purchase plan. The resoluti o n amends the existing ICMA-RC Mid-Manager, Supervisor, and Confidential 401 a Plan to permit non-exe mpt non-emergen cy personnel to join the plan and renames th e Plan to NonEmerg ency Employees Money Purchas e Plan . FINANCIAL IMPACT This action wi ll not have an impact on the City's financial condition. LIST OF AITACHMENTS Proposed resolution . .. • I ) I • 0 - ; • • • • 'j .. • • .. I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 2001. Loucrishia A. Ellis .. ..; ' ~ • . ' " ) I • 0 3 xi • , . ....... • -... MONEY PURCHASE PLAN ADOPTION AGREEMENT • ICMA RETIREMENT CORPORATION The Public service Vantagepoint sin ce 1972 • MPP Adoption Agreement 03/25/1 998 -. • ,, .. Page 1 of 8 • X H I B I \T p. ' ~ " I . 0 - l • • J .;·.,,, . • • • • ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT •. Account Number : 108371 The Employer hereby establishes a Money Purchase Plan and Trust to be known as the "Plan") in the form of the ICMA Retirement Corporation Prototype Money Purchase Plan and Trust. CITY OF ENGLEWOOD, CO. This Plan is an amendment and restatement of an existing defined contribution money purchase plan . Yes No If yes , please specify the name of the defined contribution money purchase plan wh ic h this Plan hereby amends and restates : NON-EMERGENCY MONEY PURCHASE PLAN Summary of Changes: Eligibility requirements amended. May 21, 2001. Effective Date of These Changes: I. Employer: CITY OF ENGLEWOOD ' COLORADO II. The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan , unless an alternate Effective Date is hereby specified: 12/21/1987 Ill. Plan Year will mean : IV . (_) The twelve ( 12) consecutive month period which coincides with the limitation year . (See Section 5 .04(i) of the Plan .) (~) The twelve (12) consecutive month period commencing on 01/01 and each anniversary thereof. Normal Retirement Age shall be age~ (not to exceed age 65). MPP Adoption Agreement 03 125/1998 Page 2 of 8 ) I· 0 • • -. • .. • • ' ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT Account Number : 108371 The Employer hereby establishes a Money Purchase Plan and Trust to be known as the "Plan") in the form of the ICMA Retirement Corporation Prototype Money Purchase Plan and Trust. CITY OF ENGLEWOOD, CO. This Plan is an amendment and restatement of an ex isting defined contribution money purchase plan . Yes No If yes , please specify the name of the defined contribution money purchase plan wh ich this Plan hereby amends and restates : NON-EMERGENCY MONEY PURCHASE PLAN Summary of Changes: Eligibility requirements amended . Effective Date of These Changes: May 12, 2001. I. Employer: CITY OF ENGLEWOOD, COLORADO II. The Effective Date of the Plan shall be the first day of the Plan Year dur ing wh ich the Employer adopts the Plan , unless an alternate Effect ive Date is hereby specified : 12/21/1987 Ill. Plan Year will mean : IV. (_) The twelve (12) consecutive month period wh ich co inc ides w it h the limitation year. (See Section 5.04 (i) of the Plan .) (~) The twelve (12) consecutive month period commenc ing on 01/01 and each anniversary thereof. Normal Ret irement Age shall be age 60. oo (not to exceed age 65 ). MP P Adoptio n Ag reem ent 03/2 5/1998 Page 2 of 8 • "" I· 0 ]- • • • • •,. • • V. ELIGIBILITY REQUIREMENTS : 1. The following group or groups of Employees are eligible to part ic ipate 2. in the Plan : All Employees All Full Employees Salaried Employees Non-Union Employees Management Employees Public Safety Employees General Employees ~ Other (specify below) MID-MANAGERS, SUPERVISORS, CONFIDENTIALS & NON-EXEMPT NON EMERGENCY EMPLOYEES . The group specified must correspond to a group of the same designation that is defined in the statutes , ordinances . rules , regulations , personnel manuals or other material in effect in the state or locality of the Employer. *SEE ATTACHMENT The Employer hereby waives or reduces the requirement of a twe lv e (12) month Period of Service for participation . The required Period of Service shall be N/A (write N/A if an Employee is eligible to participate upon employment). If this waiver or reduction is elected , it shall apply to all Employees within the Covered Employment Classification. 3 . A minimum age requirement is hereby specified for e ligibility to participate . The minimum age requirement is N/A (not to exceed age 21 . Write NIA ifno minimum age is declared .) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows (choose one ): Fixed Employer Contributions With Or Without Mandatory Participant Contributions . The Employer shall contr ibute on behalf of each Par ticipant 7 . oo % of Earnings or S for the Plan Year (subject to the limitations of Article V of the Plan). Each Participant is required to contribute 3 . oo % of Earnings or S for the Plan Year as a MPP Adoption Agreement 03 12 511 998 Page 3 of 8 •· ) I . 0 I • • • • -.. condit ion of part icipation in the Plan. (Write "O" if no contribution is required.) If Part icipant Contribut ions are required under this option , a Partic ipant shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. The Employer hereby elects to "pick up" the Mandatory/Required Participant Contribut ion . Yes No [Note to Employer: A determ ination letter issued to an adopting Employer is not a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not ineluctable in the Partic ipant's gross income for federal income tax purposes . The Employer may seek such a ruling. Picked up contr ibut ions are excludab le from the Participant's gross income under section 4 14 (h)(2) of th e Internal Reve nue Code of 1986 on ly if they mee t th e requ irements of Re v . Ru !. 8 11 981C .B. 255 . T hose requirements are ( 1) that the Employer must spe cify th at the contributions , a lthough des ig nated as emp loyee contributions , are be ing pa id by the Emp loyer in li eu of contribu tions by the emp loyee ; and (2) the emp loyee must not have the option of receiving the contribu ted amounts directly instead of having them paid by the Emp loyer to the p lan .] (_) Fixed Employer Match of Participant Contributions. The Employer shall contribute on behalf of each Participant % of Earnings for the Plan Year (subject to the limitations of Art icle V of the Plan ) for eac h Plan Year that such Partic ipant has contributed __ _ % of Earnings or S . Under this opt ion , there is a single , fixed rate of Employer contr ibutions , but a Participant may decline to make the required Participant contributions in any Plan Year , in which case no Employer contribution will be made on the Partic ipant's behalf in that Plan Year . MPP Adoption Agreement 03/25 /1 998 Page 4 of 8 I· 0 I - • • -. 2 . • •• -' (_) Variable Employer Match Of Participant Contributions. .. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): .,---......,,, % of the contributions made by the Participant for the Plan Year (not including Participant contributions exceeding % of Earnings or $ ); PLUS % of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Participant contributions exceeding in the aggregate % of Earnings or$ ). Employer Contributions on behalf of a Participant for a Plan Year shall not exceed S or % of Earnings, whichever is_ more or_ less . Each Participant may make a voluntary (unmatched), after-tax contribution, subject to the limitations of Section 4 .05 and Article V of the Plan. Yes No 3 . Employer contributions and Participant contributions shall be contributed to the Trust in accordance with the following payment schedule: PER PAY PERIOD VII. EARNINGS Earnings, as defined under Section 2 .09 of the Plan , shall include : (a) Overtime Yes ~ No (b) Bonuses Yes ~ No MPP Adoption Agreement 03/25/1998 Page 5 of 8 • • I ) I· 0 2 I • • • • ,. ~/l· • • VIII. LIMITATION ON ALLOCATIONS If the Employer maintains or ever ma intained another qualified plan in which any Participant in this Plan is (or was) a participant or could poss ibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein , if necessary in order to avoid excess contributions (as described in Sections 5 .02 and 5.03 of the Plan). 1. If the Participan.t is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5 .02 (a) through (f) of the Plan will apply unless another method has been indicated below. (_) Other Method . (Provide the method under which the plans will limit total Annual Additions to the Maximum Permiss ible Amount, and will properly reduce any excess amounts , in a manner that precludes Employer discretion .) 2 . If the Participant is or has eve r been a part ic ipant in a defined be ne fit plan maintained by the Employer, and if the limitation in Section 5 .03 of the Plan would be exceeded , then the Participant's Projected Annual Benefit under the defined benefit plan shall be reduced in accordance with the terms thereof to the extent necessary to satisfy such limitation. If such plan does not provide for such reduction , or if the limitation is still exceeded after the reduct ion , annual additions shall be reduced to the extent nee essary in the manner described in Sect ions 5 .02 and 5 .02 . The methods of avoiding the limitation described in this paragraph will not apply if the Employer indicates another method below . (_) Other Method . (Note to Employer: Provide below language which will satisfy the 1.0 lim itation of sect ion 41 S(e) of the Code . Such language must preclude Employer discretion . See section 1.41 Sof the Regulations for guidance .) 3 . The limitation year is the following 12 month period : __ _ MPP Adoption Agreement 03/2 5/1 998 Page 6 of 8 • I· 0 • • • • ' . •'. . . • -' IX . VESTING PROVISIONS The Employer hereby specifies the following vesting schedule , subject to (1) the minimum vesting requirements as noted and (2) the concurrence of the Plan Administrator. Years of Service Percent Completed Vesting_ Zero 0.00 % One 0.00 % Two 25.00 % Three 50.00 % Four 75.00 % Five 100.00 % Six 100.00% Seven 100.00 % Eight 100 .00 % Nine 100 .00 % Ten 100 . 00 % X. Loans are permitted under the Plan , as provided in Article XIII : Yes No XI. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XII. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan . XIII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. XIV . The Employer hereby agrees to the provisions of the Plan and Trust. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. MPP Adoption Agreement 03/25/1998 Page 7 of 8 I . 0 - • • • • 1 ~· ',t .. .. • -' XV. An adopting Employer may not rely on a determination letter issued by the National or District Office of the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code. In order to obtain reliance with respect to plan qualification, the Employer must apply to the appropriate key district office for a determination letter. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this __ day of , 20_. Accepted: EMPLOYER By : Frank Gryglew1cz Title : Director of Finarx:e & Mniiustrative Services Attest---------- Ioucrishia A. Ellis City Clerk MPP Adoption Agreement 03/25/1998 Accepted : ICMA RETIREMENT CORPORATION By : Title : Corporate Secretary Attest: ------------ Page 8 of a ,. ' ~ .. ~ • :, I· 0 X • • • • .. .. • •• • ' ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT #001 ATTACHMENT V. ELIGBILITY REQUIREMENTS: Effective Date: ----- The plan will be available to all new hires employees as of May 21, 2001 . Employees hired on or after May 21 , 2001 will have the choice to participate in the 401 (A) or the old defined benefit plan . The plan will become available to current employees on July 30 , 2001 . 'I. I . 0 32 • • • RSSOLUTION NO._ SERIES OF 2001 , . . • • - ~ ~ ' A RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF AN AUTOMATED METER READING SYSTEM AND WATER METERS INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3 OF THE ENGLEWOOD MUNICIPAL CODE 1985 . WHEREAS, the existing meter reading system equipment is becoming antiquated with replacement parts no longer available : and WHEREAS , a radio frequency meter re ading system will cut meter-reading costs , provide flexibility and enable accurate readings from meters installed in difficult areas : a nd WHEREAS , this sole so urce s upplier is being recommended after observing Denver Water Departmenfs experience of trying several other systems that have failed ; and WHEREAS , ITRON wa s found to have a proven reliability record and ability to provide local services ; and WHEREAS, it is mo st practica l to spread converting existing meters and flat r ate accounts over several years since only a certain number can be physically changed per year and costs can be budgeted; and WHEREAS, Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1, Englewood Municipal Code 1985 , allow contracts for public works or improvements to be negotiated, provided that contracts for which no competitive bids have been requested have been approved by resolution which shall declare the reason for exception to the competitive bidding requirement; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Sectjon 1. The Englewood Department of Utilities is hereby authorized to negotiate a contract for a automated meter reading system and water meters in an amount not to exceed $33 ,823 .00, in lieu of the competitive bid process as allowed by Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1 , Englewood Municipal Code 2000 . Sectjon 2. The City Manager is hereby authorized to enter into a contract for the automated meter reading system and water meters indicating ITRON as the sole source supplier. ADOPTED AND APPROVED this 7th of May, 2001. Thomas J . Burns, Mayor A'M'EST: Loucriahia A. Ellis, City Clerk • ... ) I • 0 - • • • • I~•-,• .. ·~ • -' 2. Physical damage resulting from accident, misuse or neglect. 3. Damqe resulting from stationary equipment relocation by client. 4. Damqe resulting from electrical power, air conditioning or humidity control failure . S. Noa-l'Jzoa supplied components and equipment. 6. 1be fimlisbing of supplies or accessories and of shoulder straps and holsters; painting or refinisbin1 tbe equipment. 7. Hardware IIOl included in the Service Agreement. TSSP Policy Revision 2.0 Page4 • ,. " .. ~ • I . 0 • • • l·,\, • - maintain the equipment in accordance with the published product specifications. Removable batteries are covered under the Total System Support Program. In addition to diagnosing, isolating and repairing the specific equipment problem cause. under the Total System Support Program hardware items returned for repair undergo a process of full refurbishment that includes preventive servicing, burn-in, testing and the automatic incorporation of all appropriate product updates. In order to ensure that all appropriate equipment receive adequate preventive service, clients may arrange through the Customer Support Analyst for the periodic refurbishment of equipment not otherwise serviced annually. Itron provides a three (3) business day in-house turnaround for bandheld computers and five (5) day in-house turnaround for all other equipment arriving at the Service Center during nonnal business hours. Service Center hours of operation are Monday through Friday , 8:00 a.m. to 4 :30 p.m. local time , excluding holidays. Should the Service Center be unable to meet the turnaround time by completing service on the client's own equipment, upon request. Itron will ship to the clie:it loaner equipment. Equipment loaned to the client to fulfill the turnaround commitment must ce returned to Itron seven davs after the client 's own serviced equipment is shipped from Itron or a rental ch:lrge is as se ss e·d . with a minimum one month charge. In addition. Itron will provide "emergency loaner equipment " to clients in the e vent of an unanticipated equipment shortage. as long as the client main~ns the recomme:ided equipment sparing le vels. "Emergency loaner equipment" must be returned to Itron within fifteen days afte r being shipped to the client or a rental charge is assessed, with a minimum one month charge . On-site critical problem resolution by qualified Itron service staff is included in TSSP and available twenty-four hours per day , seven days per week. whe:, J joint determination by Itro n and the client has been made confirming the need for on-site J..Ssistance . Itron charges current time and materials rates and expenses for on-site problem resolutio n when it determines that the failure is due to hardware or software not supported by Itron. In the event Itron should receive equipment for repair that is darri2ged. Itron will provide Customer with an estimate for repair of the equipment. If the Cus:omer lccepts the repair estimate. Itron will complete repairs and rerurn equipment to the C,momer with an invoice for the repairs and applicable freight charges. If the estimate is not accepted by the Customer and the Customer requests the equipment be retwned unrepaired, Itron reserves the right to return the equipment to the Customer unrepaired with an invoice for return freight and one (I) hour of labor at the prevailing labor rate. Units scrapped at Itron may be subject to an estire::.tio n fee , not e:cceeding one (l) hour of labor at the prevailing labor rate. Total System Support covers shipping charges of the repaired equ ip ment back to the client. Return shipment is in the manner used when the equipment is slurred prepaid to Itron . Expedited shipment for an additional charge can be requested thrcugh the Customer Support Analyst. TSSP hardware support excludes support of the following : 1. Equipment that persons other than authorized Itron represent.:?.ri ves have altered or attempted to repair. TSSP Policy Revision 2.0 Page 3 • I • 0 - • • • • i .... • - Problem Resolution Problem resolution work begins after the problem is verified by Itron, usually through duplication of the problem. In order to verify a problem, the Customer Support Analyst may request additional documentation or data from the client. Between major System releases, problems determined to be "critical" in nature are acted upon immediately . These are problems that impact the collection or pass-through of data and therefore affect mainframe processing. Cn-site critical problem resolution by qualified Itron programming staff is included in TSSP and available twenty-four hours per day, seven days per week, when a joint determination by Itron and the client has been made confirming the need for on-site assistance. Itron charges current time and materials rates and expenses for on-site problem resolution when it determines that the failure is due to hardware or software not supported by Itron. In addition. Itron maintains a current bad.'llp of all client related software, source code and appropriate documentation with which it can start helping the client attain software recover;, within twenty -four hours of notification. Total System Support Program problem resolution e:1:c!udes support of the following: I. Client mod ified software . 2. Th ird-party software not supp li ed by Itron or designated in the System Specificatio n Document. 3. Software changes required to integrate into the system third-party software or firmware not supplied by Itron or designated in the System Specification Document . 4 . System corruption due to accident. misuse or negligence . 5. Software not included in the Service Agreement between Itron and the cl ient . 6. Communicatio n problems related to client supplied modems and/or telephone lines, that do not meet Itron standards . 7. So ftware re !e:ise support for applications that arc not on the most current versio n. Softw.ve Updates and Modifications The Total System Support Program includes software updates upon request . Updates are Itron generated changes to the software feature set that maintain conformance to the Functional Specification document and result in a new release number. Modifications are client requested changes to the software that cause it to differ from the definition in the Functional Specification document. Modification requests are submitted to Itron in writing and include the appropriate modified pages from the Functional Specification document. If the modification is significant in size or scope, Itron may elect to send a Project Manager on-site to finalize the design of the modification . If it is determined that the modifications are to be performed, Itron will submit a bid that includes programming. docu_mentation, testing , implementation and on-going service . EQUIPMENT SUPPORT Hardware support is accessed through the Customer Support Center and performed by the Itron Service Centers. Through these services. Itron provides the labor and material necessary to TSSP Policy Revision 2.0 Page2 • I • 0 • • • • •·, .. • - Exhibit A TOTAL SYSTEM SUPPORT PROGRAl\'I Electronic Meter Reading Applications Itron's Total System Support Program (TSSP), consists of software and equipment support managed and coordinated through Customer Support Analysts. CUSTOMER SUPPORT Total System Support Program clients have access to Itron·s Customer Support Center, twenty- four hours per day. seven days per week. The Customer Support Center is the client 's centr:11 contact, augmented by technical support analysts to ensure unintemJpted access and efficient problem resolution . The Customer Support Analysts are responsible for troubleshooting equipment and software issues, status reporting, managing problem resolution and esc:i.!Jtion procedures. record keeping. and coordinating logistics such as spre part orders. service contract administration. and the delivery of services such as training . on-site support, system aud its . etc . In addition, TSSP clients can consult with Customer Supp ort Allll ysts regarding installation procedures, modifications to the existing system and ope~ating procedures. Through the Customer Support Analysts. clients have access to a team of trained professionals fr om all organizations within Itron necessary to resolve a problem or address a concern. All calls are logged through "Call Tracking" and all verified problems are documented to assist in the resolution of issues through "Central Problem Tracking". The sratus of all verified problems are monitored until final resolution . The Technical Support Analysts monitor and maintain the logs reflecting the current status of any outst.1nding issues and client reque sted modifications. These logs include problem or modification refe~ence numbers. date reported, description, priority llld scheduled release date and are prov ided on a regular basis to the client for review . A response to a request or a plan for resolving .he re;,orted issue is provided by the Technical Support Analysts . Customer Support analysts are also responsible for providing clients with Hardware Analysis Reports upon request. Drawing their data from continually updated equipment service histories, these reports detail the field perfonnance of a client's hardware de vices and compare it to that of Itron ·s e:itire installed base . With this data. plans can be de vdoped that can help improve hardware field perfonnance and therefore system uptime . SOFnV.4RE SUPPORT Software Engineering services can be accessed through the Customer Support Center. Software Engineering services maintain the software in accordance with the Functional Specification document through problem resolution work that often resuhs in software releases. Itron software releases occur through the transportation of magnetic media to the client site. Included with the release are the Problem Tracker or modification description. description of the change. documentation, and installation procedures. Once this software is released, it becomes the new software base on which all future changes are delivered. TSSP Policy Revision 2.0 P:,,ge I I • 0 ,. # SCHEDULE A .. City of Englewood, Colorado RRON S.ivlce Suppod FM, I Qty oe,crlptlon a , Software • • I . 1 UlS-0105-001 MVRS Sollwo,e lor Windows (Version 5) Hancll8ld Units 4 1RX.(XX)4-001 G5 PN Hmdhelds -,~ -"< ' . Cradle wHh Power Supply 4 BC!HXX>3-0l2 FS/2PN Cradle with Power SUpply/Ballery Charging Unit •· ~J . . ::>:~;,. RQP.(D)l-010 ReodOne Pio lnslaller Total Support ,..., Support Monlhly Each $137.00 $38.60 $4.60 $31.60 " • 0 • • 4/17/01 ~ Support Qualleltr $411.00 $1,644.00 $462.00 $1,848.00 $54 .00 $216.00 $94.60 $378.00 $927 .00 $3,708.00 Mow**' Slalel ,,_,.and~ Cokllodc> Splr,go (IIIJ)777-7173 Page: 1 ol 1 • X: C\I (") • • • • • . . . • - ITRON, INC. SERVICE AGREEMENT CONTRACT NO .-------- This SefVice Agreement rAgreementj is mace between Itron, Inc .• a Washington corporation ('ltrcn1, and the Clly of Englewood ('Customer'). Th is Agreement setS 101'111 !he tem,s and conditions under which Itron will prcvic!e services for !he ecuipment and/or software listed on Saiedule A ('Prod uc:s '), which is appended :o and incorporated into this Agreement. Itron requires Customer to exea.1e !his Agreement oefcre Itron will perform any services en the Produds. SEcnON 1. ELIGIBIUTY AND TERM OF AGREEMENT Customer :epreserns :ha! it is the owner or licensee of the Products serviced under this Agreemer:1 er, ii not the owner or licensee, has authority from the owner or licensee to inc!ude the Products under this Agreement. The term of this Agrement shall commence on the date of execution by Customer and shall remain in force for one (1) year alter the latest warranty expiration date on :r.e ProduC'.s nsted on Sc.':edule A at the time this Agreeme r.t 1s exec-~: .. : ~y Customer (the 'lnrtial Term'). Eiiher party may , ;r ;;•y ~me after the Initial Term. 'Mlho raw ProduC! models from this Agreemer. .;pen ninety (90) days pnor •Nritten notice. When a Product is withdrawn :rem this Agreement . Customer will receive credit 'or any charges alreaC'f ;aid !or se rvi ce beyond the dale of •Nitharawal . Following the e~ra:cn of the Initial Term . this Agreement shall remain effec:ive until terr.,,r::~ ~y a1 er party UllOn ,mety (SO) days pnor ·Nntta n notice , prov1dec '.haz :!:.':er -;,ar:1 may terminate · 1s ag reement at any ea rl ier time pursuant to Sec:::n 5. SECTION 2. SERVICE Itron shall provide seMces to keep the Prcd~c:s listed on Saiedule A ,n good wor1<ing orce, n acco rdance With the tt.en C'.Jment ai;,licab le itrcn Service Prcgram ('S,Mces l A copy cf sue:, P-c,ram for lhe 'i rst year Jf Service is anac.'lir-~e !'eto as E.<h 1b11 A Se rnce srwl nclude 'acer. pans . tools , and test ~.;c::ient necessary for the service and sucoon of :h e Products . New or r..;ivalent to ew standard ;:arts shall be used 1n effec:,ri; repairs . Pans sha!I :e ;rcv1ced on an exc!lari;e oas is and rep laced :ar.s shall bec:me :he ;rc:er.y of ltrcn . Itron shail hive reasonab e access :o · e PrcduC'.s to prcvic:e 2::-.ice therecn . SECTION3. QUART!.~LYCHARGES Service charges s~ec~ed in Sc.iedule A !or eac.i P·oduc: and any Produc: purchased or licer.s~ subseq uent to the effec:ive date of :hi s Agreemer.t shall commence u;:cn :he exp ira uon of the warranty period for said Prcduc:. The quarterly cha.-;:s shall be prorated based upon actual warranty expiration dates . C~~erfy charges shall be invorced thirty (30) days prior to the first day of eac:: :a!endar qu arter for which Services are to be provided . All invo ices for quar.:~ charges shall be paid by Customer in U.S. dollars thiny (30) days frcm caze of receipt of invoice . Itron may change :t.e :;uarterly charge upon ninety (90) days prior wntten noti ce , provided thai . .i such change shall be effee!ive prior to expiration of the Ini tial Term . In ~ event shall the rates i:e modified more than once during any twelve mcr.m penod . Changes reques:ec -=-, Customer to Product specifications , functionality, attachments . or fean.,res that are beyond the scoce of Services may result in an adjustment of tt:e s;:ecified basic quarterly charge. SEcnON 4. TAXES In addition to the ::arges due under this Agreement , Customer agrees to pay amounts equal :o arry taxes and duties resulting from this Agreement , or any activities heret:.:I!!'. exdus ive of taxes based upon !Iron 's net income . In the event Custcmer is a tax exempt entlly . Custo mer shall prov1c e ltrc n with a copy of its tax exemption cenifi cate upon execution of thi s Agreement. SECTION 5. EARLY TERM/NATION Either party may term inate th is Agreement upon the occ~rrence cf any ;f the following : (a) If a pany becom es inso lvent. executes an ass ,g r mert 'er :h e :erefit of credi tors . or bec cmes sui:Ject to ban krJ OlC'/ ir rece 1versr 1c proceedini;s . Upon :h e oc::urre nce of sue.~ c:eiaL.1!. '.he :ther -;,arq may , at rts ioticn and 'Nlthout ncnce :o or =emanc Jn :he oar.y n de fault, declare this Agreeme nt :enm rnaiad . (b) If a party oreac.i es a matenal prcv1s 1cn of thi s A,reen-ert . lhe :,rer par.y i,ay ,ive wnr.en nonce i f :h e ~reac h. If :t:e ~re1c~1rg iar.1 fai ls to ma.l<e orc~ress :o c:Jre ~~e ~reac :l to an er.er.t ~aJ sfac~:r1 ·: th e ~cr c·~ac:ung -:ia.i:'J 'NI ~:n :h1rty (30 ) da ys. e ~c ncr1::ac~1rg parr1 may ::rm1r:21e :r.1s ~g re eu.ert !.::~n wn ;:n J"':c ~·c:. In th e :vert d ier:r.ira t cn , Cus:omer 3i"aJI ·ece 1ve a c~ec it ·er any cnar ;es alreac-.1 :,aid 'er Se rvic es Oe yon d U"e jare :f :erm rna::cn . ic·,•,·e1,er , n :r.e eve nt ~f ncncaym ert, all acc n;ed c.'i~es sh all bec:me mmeda1ely due and payac !e SEC':'ION 6. GENE:1AL (1) Assignment. Cus:cner shall ,,01 as srgn th is A,:eer-ert . Jirec :!y vr tntiret!:y . w1thcut &l e pncr 'Nnrte n consert Jf ltr:n; prc 111ceC , however t~a1 C.s:::c.e r may ass 1i;n :his Ag reeme ~t :o ts success.:, ,n a "Mei;e r or to :i~e purc:-"aser of aJI er suts tar.t12lly all of Cus tcm e(s use!S f Si.:C:'I suc:esscr or pu rchase r a;rees ;n 'Nn tir.g to comp ly with th e terms 31'1d c:r.cit,cns of thi s Ag ree ment (b ) Governing Law. This Agreement and perlo rmar.ce here un der sn ail be governed by and ccnstrued :n accordanca 'Mth lh e 'aws of :h e Sta te of Co lorado . U.S.A., without re ference lo chc ice of law pn nc,pl es :h a1 would resu lt rn apo licauon of laws oth er than the laws of th e State of Co loraco . (c) Enforceability . If any provrs ion in this Agree men t shall be held lo be inval id, illegal or unen icrceab le. the val idity, leg al ity and en forceab il ity of the remaining provis ions sh all in no wa y :e affec:ed or 1mpillred thereby . (d) Notices and Request.I . Nctices here under shill! be in 'Nn nng and shill ! be given by either party :o th e Jther by ce!ivery or by mailing the saime by orepaid reg istered mai l addresse,j as si:eded !:e low or to such oth er address as may be sub stituted ':y wnnen notice by either party lo th e oth er. Customer. Nctices to Custcm er at address provided ::e low . Itron : • !TRON , INC . 2818 N. Sullivan Road Spokane . WA 99216 Ann : Contract Admrnistrator I • 0 • • • prevent any use, cisdosure or export of the Equipment, Licensed Software and Related DOCJJT1entation not authorized or permitted by law or by this Agreement. 17 U.S. Gowmment Reslric11d Rights. If used or acquired by the U.S. Government, the U.S. Government acknowjedges and lglleS that (a) the Equipment, Licensed Software and Related Oocumentalion constitute 'ccmmercial computer software' and/or 'canmem ccmputer software documentation' for pwposes of 48 C.F.R. 12.212 and 48 C.F .R. 227.7202-3, as applicable , and (b) !he U.S. Gavemment's rights are limited to those specifically granted pursuant to this Agreement. u Tenn nt r-1na11on. (1) T-inlllon. This End User License and Warranty Agreement shall become effective upon execution by End User and may terminate: (1) Thirty (30) days alter a party gives the other party written notice of !hat party's matenal breach of !his Agreement, unless the other party has made progress in curing the breach to an extent satisfac:ory to !he nonbreaching ;,arty; or (2) At a party's option, upcn ten (10) days 'Nntlen notice of termination , if the other party becomes insolvent. executes an assignment for the benefit of creditors. or becomes subject to bankruptcy or rece ,versh ,p prcceedings. (b) Rights and Obligations Upon Tenmination . Upon termination of this Agreement: (1) E.~d Use(s obligations under paragrap h 2.4 ('Proprietar/ Information') and the pames ' oll li gations under paragrach 5.4 ('Conficen tial ily') shall surv,ve !he termination ; (2) End Use(s Scitware License rights under Sec :ion 2 shalt immed iately cease ; End User shall delete the Licensed Sottwate from all other software into which rt has been merged: and End User sr.;JI immed iate ly deliver to Itron or destroy all ccpies of the Ucense1 Software and Related Documentation ; howeve,, E,id User may, upcn ltrcn 's prior 'Nritten ccnsent , retain one (1) ccpy of the Licensed Software and Re1ated Documentatio n for archive purposes only ; and (3) End User shall, within one (t) month alter !he terminalion of !his Agreement , cemfy ,n wnnng to Itron !hat. to !he best of End Use(s i<nowledge . all ccpies of !he Licensed Software and Re lated Documentation have been returned or destroyed , except for any archive copy permitted under paragrai:h 5.7(b)(2). SECTION 6. GENERAL 1.1 Force llljlure. Neither party hereto shall be responsible for any fal iure or delay in the performance of any obligation hereunder if • • • -' such faifure ·or delay 's :ue to a cause· beycnj 119 party's ccntrol , including, but not lirrJtf':l '.O acts of God. b:c. n. 'IOk:ano, -. third-party suppliers. '.w:r disputes or g~ ac:s . U Auigmnlnt. End User shall not assi!in 1-~ent. direa!y or indirea!y, without :l'.e crier •Nritten ccr.sa, :i ltn:n ; prcvided, however, that E.ia ~r may assign ::-'is ~ to :ts successor in a men;er -:r :o the purchaser :i ~ or substantially all cl E.~d Users assets f ;i:c, successcr ;,r ;uc-.aser agrees in writing to comply with :-.e :ems and conditicr.s ci :!lis Agreement. U Gemming Law. This A~ and ;:ataaw.ce l!Munder lhall be gCMffled by wi construed in ac:=rdanca with Ille laws of the Sta11 of C~lorado without rwflFIIICI to choice of 11W principles that wcuJd rwsull in a~llc:mlcn of laws other 1111n the iftl of the Stam of Colorado . 6.4 Enforceability . Warr/ :a:.,,s,on in !his Ag~ snai l be held to be invalid , illegal :r .T.~fo rceai:le, tt.e r::ic:r{, leg a!1iy ana enfcrceab1liiy of :ne .,,-am,n g ;irov,s ,c rs ,. ~ n no Na y :ie affee.ed or impaired :.1.!!:-:y . LS Notices and Requests . ~nces hereur.ca< ;.~ :e in wntin g and shall be given by e1tt.er :aq :c the oth er -::1 :;e-,er1 or ~y mai li ng the same by preoa.c -e-;1s1ered mail =-=~ as spec:fied herein or to such ctr.er ;caress as may ~e =s.irut ed by wntten nonce by eith er pan'! :c :l'e other. End Use r. No nces :: :.-o Us er al ac:res.: :~:v1Ced te low . Itron : ITiiCN . ·t,C. 2B 18 N. S:..livan Road Spokare . ·,'IA 992 16 Attn .: C;~:ac: Adm 1nistra::, Any sucn notice so 'i ":". snall be deerre-: ·: ~,e :ee n ·eceived by me pany to wncm t ::::ssed en the :z:: ;; ==:very !herecf. 6.6 Entire Agreement :l(;"; :>al1'f ackr.owi~,ss ;.a; :t has read :h ,s Agree ment , unders:a.--::.; t. and agrees :o ::e x-.:.~d by ,ts terms and further agrees :.".a! : s :he com~lete a.'"C u:::.:sive stateme nt ol lh e agreement :,e~.v~n !11 e parties. Ar/ = and concitions appeanng on Eno us.~; a:.;thonzanons er :\..""".ase orcers shall not apcly to or oeccrre ? :art of this Agr.=.e.-::: :his Agreement may be modified or .i:e::o :nly by a write;: :s-.:ment !hat refers IC !his Agreement arr. is duly exec:.-:e-: ='! an aulhcnzed rep resentative of aac., :,q. 6.7 Headings Not Conbromng . Head ings ·= .r, :his Agreement are intended for ccr.ve-:ence or ,eferer.ce -;zry and shail not contro l or affect the ~!a.~1ng ~r cons:n:= :i ;rr,1 prov,s ,on of lhis A;reement. U English Language . Tr a ;arties have ex;:~ ~ired !hat thi s Agreement be set :er:: ind executed :n :-.e :.",g li sn anguage . Les parties aux preser:es :nt expressme!'.l tt;e ~e la preseme conventions soient rec';ees an la langue :a.~. 3ol4 .. I • 0 -. , .. • • • ITRON, INC. ENO USER LICENSE AHO WARRANTY AGREEMENT Thia End User License and Warranty Agreement r Agreement1 is made __, llron , Inc., a Washingtcn corporation .r1trcn1, and lhe City at Engllwood('End User'). Th is Agreement provides :he terms 311d conditions l.l1der which Itron authorizes and licenses End User's use of the Equipment. Licensed Softwaie. and Related Oocumentalion, as those terms are defined below. llrcn requires End User to execute this Agreement prior to delivery of IIIY Equipment, Licensed Software or Related Documentation to End User by an aulhorized Itron distributor ("Distributor'). SEC710N 1. DEFINITIONS When used herein , Iha following terms, whether plural or singular, shall have the meaning set forth below : 1.1 "Equipment•. The components and devices manufacrured nor rnaiketed by Itron and provided to End User by Distributor. 1.2 "licensed Software'. The program products in binary form and any subsequent modifications, corrections or revisions to the program products licensed to End User by Itron . 1.3 "Related Documentation'. Any human-readab le prcg ram listings . flew charts . input and out1M forms . man uals , spec:f.cations , instruc:ions , and other maierials , and any co ~1es cf any of !tie 'oresc ing, in any medium , ralaled 10 !tie Equ1o ment and/er Licensed Software and delivered to the End User. SECTION 2. THE LJCENSED SOFTWARE 2.1 License . l!ron hereby grants to End Use r a ncr exc!us.ve, nontransferab le, perperual license 10 use :he Lice nsed Software , inducin g th e Relateo Documentation . 2.2 !Iron 's Property . The Licensed Software . including wilt.cut limrtanon , programs . Relaied Oocumentaticn and methcos of processing, shall remain the SOie and exdus,ve ;,ro pet1y of Itron and shall net be sold . rwvealed , disclosed or cthe rM se ccmmunicated, direC'Jy or 1ndirec:!y , by End User :o ?ny ;,e rso n, company or instiMion whatseellef except as set forth nere 1n. 2.3 Scope at Li-. Enc User may use 11'.e Licensed Scttware on haraware used or owned by End User. The Licensed Software shall l:e used only for :he processing of End User's own busin ess , whicn shall include servicing and maJntaimng records :in be nalf of i1s C".lStomers . End User shall not : (a) permit any third pat1y '.o use :he Licensed Software , (b) use the Licensed Software ,n th e cperat:cn of a service bureau, or (c) reverse engineer, dis-.:;e mble, modify, prepare derivative 'Mlri<s of. or otherwise alter !h e Li censed Software . Without the payment of an add itional lice nse lee , End User shall net use the Licensed Software '.o process bus iness information concem ing customers de rived through merger. asset acquis ition or other entity comb 1nanon . End User may , at its own expense , copy all or pan of !he Re lated Documentation for its internal use. End User shall reproduce and inc!ude any copyright or trade secret notices on any such copies . Itron reserves all rights to the Licensed Software , the Re lated Documentation and the Equipment not specificaily granted to End User in this Agreement. 2.4 Proprietary Information . In addition to the rights and obligations set forth in paragraph 5.4 herein , End User acknowledges and agrees that the information contained in the l.Jcensed Software and Relaied Documentanon is prcprietary or confidennal inlormation and is the propet1y of Itron (or another par.y who has licensed to Itron), and !hat !he proprietJry inlormalicn is being made available to End User by llron in confidence and sdely on the basis of End User's confidential rtialionship with Itron . The propnetary information is considered by Itron to be a trade secret of Itron . End User will not provide or otherwise make avalfable 0'-1501 • arry Licensed Sottware or Related Dcc-Jmentaticn. in arry form, except as requ,red by law or judic:al or p,emmentaJ order, without ltron 's pnor wntten consem . except to emp loyees or ccnsultants of End User whose access to the information is necessary to enab le End User to exen::se its rights under this license and who are themselves subJect to an ob li gation to mai ntain !he confidennality of sue.~ intcrmanon . SECTION 3. PAYMENT E.-.d Use r acknowled;es :ti at D,smbutor mu s: provid e pay rr.ent :o ltrc n for the Equiom ent and l ce nsed Software ;nd to provi ce cons ioeranon of this Agreeme nt. SECTION 4. WARRANTY AND WARRANTY EXCLUSIONS 4.1 Warranty . ltrc n ·NatTanls th at for th e pencds spec:fied l:e low fro m dale of sh ipment from llrcn each ,re m Jf E~ui oment will be free from detec:s in mate rial and 'Norkmans h1p and th e Li ce nsed Soft'Nare shall perfcrm substanliaily in accord ance 'Mt h ltrcn 's then current s~ec1frcation s: ~ Upgraded E:;u,cm ert Al l new E:u1oment 3nd Licensed Software Warranr, P!ncd 90 cays 14 month s Itron shall repa ir or ;rovide an equivalent rep lacement cf any item of E:;u ioment and Li ce nsed Software found defective at no ch arge to End User dunng :h is warranty period after property packaged and returned prepaid to !Iron 's des ignated service center. End User agrees to lum ish Itron reasonab le access to said Equi pment and l.Jcensed Software . End User agrees that the above re medies are End User's excl usive remedies and ltron 's sole liab ,:ity in the event of breac h of 'Narranty. THE WARRANTIES SET FORTH IN THIS SECTION 4.1 ARE IN LIEU OF ALL OTHER WARRANTIES . WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IIPUED WARRANTIES OF ME!'!CHANTABIUTY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. 4.2 Warranty Exclusions . The warranties prOV1ded by Itron under this Agreement do not indude the following serv ices , but 11 sucn services are available , they can be prcvided by Itron under this Agreement a1 ltrcn's then applicab le ti me and material charges and travel expenses . (1) Repair of damage or increase in service time caused by f11fure to ccntinually provide a suitable instaJlalion environment . (b) Repair ·~f damage or increase in seMce time caused by the use of me E:;uipment or Licensed Software for other than , o/4 • I • 0 • • -. • • - co,o•••o ••••••• Au a O I A .. P.O.IOX-CCICPADO..,...CO _,._ 111WISTLM'l/l!IIMST.CC1CNICOSPMIG8,CO m TIL8'HONI 11111---Mil (7111 ..... , April 19, 2001 Mr. Randy Pi.etc City ofEngle'IIIOOd 1000 Enslcwood Parlcway Eqlewood, CO 80110 Dear Rmdy; Encloaed is the pricing you rcqucmd :rem Noel earlier today . Toe pr:~ includes hmdhelds, cradles, softwaii, programm=r md training . 'Ibis is the same pricing that Dmver Water received. Qty t'nit P:-'.ca T otal Itron GSR. handheld w/radio frequency 4 $4 ,495 .00 51 7,980 .00 Itron Cndle'BatterY Charger 4 S . 49S .OO S 1,980.00 Itron MVRS Software 1 $!,000.0 0 S 5,000 .00 Itron PC to Cradle cable 1 60.00 s 60.00 Itnm lleadOne Pro 'C'nit 1 S2,49S .OO S 2.49S .OO (iJu:!udc 1Hs-,, cJ,a,pr, batwy a,ul PC *' cr:ztll.• cable) Trainin1 and bl,.stallation 1 S:Z,.600.00 S 2.600.00 ('Trcu1dn,r tndJuw ~ ~u) S' 30, "!,. co If there are my questions we can amwer please do not hesitate to call my ofus . Thank you fi>r your time and int:rest in this matt=r. Sincerely, Paul T. Cmoll • I· 0 • • • • . . .. •• -' 0 City of Englewood, Colorado ITRON lervlce Support F- ---------------------------------------------------, Software Handheld Units 4 4 1 Total Support ONcriptlon UTS-0105-001 MVRS Software for Windows (Version 5) TRX-0004-001 G5 PN Handhelds BCS-0003-002 FS/2PN Ctadlll wilh Power Supply/Ballery Ctwging Unil ROP-0001-010 R-ione Pro lnataller su-1 Monthly Each $137 .00 $38.50 $4 .50 $31 .50 s._i su-1 Quarterly Annual $411 .00 $1 ,&44 .00 $462 .00 $1 ,848.00 $54 .00 $216.00 $94.50 $378.00 $927 .00 $3,708.00 0 ] • • - • .. • • COUNCIL COMMUNICATION Date Agenda Item May 7, 200 1 10 C ii STAFF SOURCE Subject ITRO Water Meter Reading System INITIATED BY Utilities Department Stewa rt H. Fonda , Direct o r of U tilit ies COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Approval, by resolution of the purchase of water m eters from ITRO , in th e am o unt o i $3 3,8 ~3 .00 . BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED The exi sting m eter rea ding sys t em equipme nt is be co ming an tiquated and , with replacement parts no longer availa ble. Utilities staff have ex tensively investigated th e au tomated m eter reading system, which is c urrently b ei ng installed b y the Den ve r Water D epartmen t and Xce l Energ . A radi o frequency meter reading system w ill cu t m eter-rea din g costs, p rovide flexibility and enabl e accu rate readings from meters installed in difficu lt area s. A sole source supplier is being recommended after observ in g Den ve r 's experience of t rying seve ral other systems that have fai led . !TRO N was fou nd to ha ve a proven reliabil ity reco rd and the abilitv to provide local services . It was nego tiated that Englewood would recei ve the same quant1t discount tha t Denver is recei ing. provi ding savi n gs of app roxi mately $70,000. The li cense agreement, software and main tenance would be supplied by !TRO N with th e local repre se ntative, Mountain States Pipe, supplying and maintaining the hardware It is m os t pra ctica l to spread co nve rtin g existing meters and flat rate acco unts ove r several yea rs since o nl y a ce rtain number can be ph ysicall y changed per ye ar an d cos ts ca n be budgeted . FINANCIAL IMPACT The initial cos t is $33,823 .00 ($30,115.00 fo r the reading units, softwa re, trainin g and installation plus $3 ,708.00 for th e firs t yea r 's maintenance ). Thi s is a 200 1 budge ted item . Future ERT (elect ronic recei v in g and transm itt ing) units will be budgeted in subsequent yea rs as necessary . LIST OF ATTACHMENTS Res ol ution !TRON Support Fees Letter of 4-19-01 from Mountain State Pip e End User License & Warranty Agreement & Service Agreements from !TRON • •· .. I • 0 • • • • .~· ·~ • -... I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado. hereby certify the above is a true copy of Resolution No.~ Series of 2001. Loucrishia A. Ellis .. ~ I • 0 - • • • I • ~·· Date Ma 7, 2001 • • - COUNCIL COMMUNICATION Agenda Item 10c iii STAFF SOURCE Subject Amendment to Sewer Tap Agreement with Arapah oe Chester ES Hotel INITIATED BY Utilities Department Stewart H . Fo nda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Water Board policy regarding an equitable method of computing taps for hotels was established at th eir August 13, 1996 meeting. RECOMMENDED ACTION The Water and Sewer Board, at their February 13, 200 1 meeting re comm ended Council approva l b motion d th e First Amendment to the Sewer Tap A gree ment w ith Arapah oe Chester ES H o tel. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In August of 1996, the Water Board was approached by Dru ry Inn to establish a policy for setting sewer tap fees for h otels . Th e resulting Water Board policy bases se wer taps fees for hotels on a per da y, per unit usage . The First Amendment to the Sewer Tap Agre ement will change th e maximum daily co nsumpti o n from being bas ed on 100 gallons per occupied room to 100 ga llons p er da y tim es th e total number of sewer taps purchased under this agreement. This modifica ti on wi ll m o re acc uratel y reflect the real treatment plant capa city purchased under the hotel 's original sewer tap agreement. The hotel operates as a Tow n Pla ce Suit es by Marriott and is located at 7877 S. Ch es ter Street. FINANCIAL IMPACT o add itio nal tap fees w ill be collected unless water usage excee ds th e agreed up o n limit of 100 gallons per unit, per da y. LIST OF ATTACHMENTS First Amendmen t to Sewe r Tap Agree ment with Arapahoe Chester ES H o tel. •· I • 0 ] • • • • • FIRST AMENDMENT TO SEWER TAP AGREEMENT THIS FIRST AMENDMENT TO SEWER TAP AGREEMENT ("First Amendment") is made and entered into as of the day of , 2001 , between the CITY OF ENGLEWOOD (the "City") and ARAPAHOE CHESTER ES HOTEL . LLC ("Arapahoe Chesterl. WHEREAS. the City and Arapahoe Chester entered into a Sewer Tap Agreement on February 22. 2000, (the "Original Agreement"); and WHEREAS. the City and Arapahoe Chester desire to amend the Original Agreement and reduce the amendment to writing as required by paragraph 16 of the Original .,weement. NOW THEREFORE . the City and Arapahoe Chester agree as follows : 1. Paragraph 1 of the Original :\greement is amended by deleting the word "occupied" to read as follows : '"Ibe City will sell the Owner se-.A,-er taps for its Hotel units at one half the standard sewer charge . based on their estimate ofno more than 100 gallons per day per unit real !low. This is a minimum charge and in no event will the base tap fee be less than one-half [l /2 ) the standard sewer charge." 2. Paragraph 5 of the Original .,weement is amended by deleting the word "occupied" to read as follows : "If at any time during the five (5 ) year period. the daily, per unit consumption goes over one-hundred (100) gallons per day . the Owner will pay the additional tap fee owed. If the fee is not paid within sixty (6 0) days, the City will make periodic draws on the escrowed funds to pay to the City additional sewer tap fees based on the amount of flow in e.'Ccess of one hundred [ 100) gallons per day as billed by the City of Englewood. If the Owner·s daily. per unit usage is less than one hundred (100) gallons per day , the City "'ill not owe the Owner any refund." IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the day and the year first written above . CITY OF ENGLEWOOD By:--------- Name : Thomas J Burns Title : Ma v e r ATTEST :~~~.-,--~~-Loucris hi a A. E l lis City Clerk AR\PAHOE CHESTER ES HOTEL. LLC • ) I • 0 • • • • • .. COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 7, 2001 10c iv Replacement of Driving Range Netting Initiated By: Staff Source: Departmen t of Parks and Recreation Jerrell Black, Director of Parks and Recreation Dave Lee , Manager of Open Spaces COUNCIL GOAL AND PREVIOUS COUNCIL ACTION o pre vio us Council action has been taken . RECOMMENDED ACTION Staff re commends that Council approve, by motion, the installat ion of new driving range netting fr o m the lowest acceptable bidder, America 's ationwide Netting. BACkGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED The driving range barrier netting is in place on the east side of the range to protect businesses and traffic from errant golf balls . The c urrent range netting was installed when the Par 3 co urse was completed in 1994. This is the first time the netting has been replaced . FINANCIAL IMPACT The funds are available in the 2001 Golf Course Maintenance Budget. The purchase price and installation of the netting is $3 7,000 . LIST OF ATTACHMENTS Bid Proposal Tabulations Bid Proposal Request for Bid Memos • .. ) I • 0 ] -- • • C • •• -.. {t T y 0 F ENGLEWOOD PURCHASING DIVISION PURCHASING DIVISION 2800 S. PLATTE RIVER DRIVE ENGLEWOOD, COLORADO 80110 BID REQUEST NO. 01-107 DATE: March 20, 2001 REQUEST FOR BID GOLi' COOllS:S BAIUUD NJ:ffDIG UPLACZMEN'r The City of Englewood will receive sealed proposals for supplying "GOLF COURSE BARRIER NETTING REPLACEMENT" as per specifications r.o later than 10:00 A.M. prevailing time, March 30, 20 01 . Proposals w~l l be received at the office of the Purchas i ng Division, 28 00 South Plat :e River Drive, Englewood, Colorado 80110. Late propcsals will not be accepted under any circumstance, and ar.y O proposal so received shall be returned to the proposing firm unopened. In addition, telegraphic and/or proposal sent by electronic devices are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery cf their proposa l s either by airfreight, postal service, or other means. The City of Englewood is exempt from all fede::al, state, and locz.l taxes. GENERAL CONDITIONS: Bidders are invited to, but not required to, attend the bid opening. Bids received later than date and hour specified will be returned unopened. Price will be firm for a period of at least sixty (60) days from date of bid opening. Bim>DS NOST StJBHl:'f PI\OPOSALS ON AffACDD BID PROPOSAL FORK AND SOJIICI'f '1'11D (2) coet1:s l'OJl :&VALUATION P01\POSJ!:S. Proposals will be quoted F.O.B. Englewood, Colorado. Any exception to the minimum specifications, general condit i ons, and bid proposal shall be stated as an "except:ion" on the bid proposal form. Bidders are asked to mark envelope "GOLF COURSE BARRIER NETTING REPLACEMENT" in lower left-hand corner. 2800 So . Plane River Drive Englewood, Colorado 80110 Phone 303-762-2390 Fax 303 -783-6951 -. • I . 0 ]- • • • • • - Bidders are asked to mark envelope "GOLF COURSE BARRIER NETTING REPLACEMENT" in lowe:::-left-hand corne:::-. REQUEST FOR BID BID NO . O 1 -1 O 7 GOLF COURSE BARRIE~ NETTING ~E?LACEMENT PAGE TWO Bidders will be re~u:red to conform to the specificat ions . Deviations may deem the proposa: unaccep::able. If items called fo:::-by this :::-e~uest for bid have been identified by a brand name or "e~a:" descr:;::-:on, s uch identification is intended to be descriptive, bu:: not res:::::-:ctive, and is to indicate the quality and characte:::-ist ics of prcd~c ::s that wi ll be sa tis :actor1 . Bids offering "equal" ;:::::-cd 'C ts w::: be considered if s uc:1 products are clearly identifie~ and a:::-e determined equa l b y t::.e depart ment e valuating said prcd~cts refe:::-e::1ced in the requ est. When providing a b:::-a::1d name c:::-"equal" item the bidde:::-is required t o provide the brand ::1a e and pa:::-c number of the item p:::-oposed and any technical data, b:::-cchures or ot:1er informati on avai ab:e for the item with their bid, s c t::.at t::e Cit1 can technically evaluate the bid. This must be provided with each copy of the proposal requested. from the bid as to their the point in be mailed to Should a bidder ::::1c disc:::-epancies in or omission specifications /ger:e:::-a_ conci:::ons or sha ll be in d oubt meaning, he s hall ~cc1fy the 3 ~ye~ for c_arificacion. -: question is not fu::y set fc:::-::h, a wr itten a mendme nt wi:l all persons obtain:::19 specifica::ion s. The City will not i:e bounc c :::-respon sib_e f o r any explanations or interpretations oc~e:::-than the se given in writing as set forth in this request for bid. No oral :::1te:::-pretations shall be binding on the City. THE BIDDER IS REQUIRED TO PROVIDE A STATEMENT WITH THEIR BID INDICATING THAT THE ITEMS BID ARE IN ACCORDANCE WITH THE REQUEST FOR BID WHEN THEY ARE BIDDING TO THE EXACT REQUIREMENTS OF OUR SPECIFICATIONS. THE BIDDER IS REQUIRED TO PROVIDE A STATEMENT WITH THEIR BID INDICATING THAT THE ITEMS BID WILL BE DELIVERED IN ACCORDANCE WITH THE REQUEST FOR BID. The Bidder shall be required to have suff icient property, liability, and workers compensation insurance and to provide the City with copies of the certificate of insurance . I • 0 ] • • -• • ... • ' - The successful Bidder w::.:.:. not discriminate against a ny employee or applicant for employment cecause of race, color, re ligion, sex, age or national origin and wil l comply wit h the Americans with Disabi-iti es Act. The successful Bic::e:: shall adhere to acceptab le affirmative action guidelines in se:.ecting employees and shal l ensure that employees are treated du:::::~ employment, wit hout regard to their race , color, religion, sex, a~e or national origin. Such action sha ll include, but not be limi:ec to, the fol lowing: emp loyment, upgrading, demotion, or transfer, rec~~itment or recruitment advertising ; layof: or termination, rates c: pay or other forms or compensa tior.; and selection for training, ::.::c:.uding apprenticeship. REQUEST FOR BI D BID NO. 01-107 GOLF COURSE BARRIER NETT:XG REPLACEMENT PAGE THREE The City of Englewood s ha:.:. have the right t o re j ec: any o r a ll ~ids, and to waive any informa:.::::.es or i ::::egularities t:1e::e:n ar.d re~u es: new proposals when requi::e=. In addition, the City rese~Jes the r:ght to accept the propo sa l cee::-.ed most advantageous t o t:1e bes: in:e :::es t of the City. The option of selecting a partial or complete bid s h a ll be a t the discretion of the City o: ~::glewood. Any award made in respo::se to this Request for Bid will be mace to that responsible bidde:: whose of:er technical_y wil" be most advantageous to the C::.:y price, delivery, estimated cost of transportat ion , and othe::: :actors cons idered. The City of Englewood is a:: env ironme ntally conscious City. Ve:1dors s upplying products made ::::-:::r:1 recyc_ed materials and environmenta lly sound packaging, will be g:ven pre:e:::ence when a ll other eva luation criteria is deemed equal. The Bidder is required :::: provide the model number, any technical data, brochures or othe:::-::.:::ormation ava ilabl e for t he equ ipment they are proposing with thei:: ::::.d in order that the City can technically eva luate the b id . This must be provided with each copy of the proposal requested. A 5% Bid Bond must accompany the Proposal. Bidder must list warranty information on the Proposal. Bidders shall contact Wa:_r.:e Niles, Go lf Course Leadworker, telephone (303) 789-3679 on any tec~.::::.cal questions. Bidders shall contact Be::y Goosman, Buyer III, Procurement Division, I • 0 - • • • • I •,' ' •• - BID PROPOSAL GOLF COURSE BARRIER NETTING REPLACEMENT ITEM NO. DESCRIPTION 1. Take down and (removal) of existing netting and hardware . Installation of new knotted netting and hardware to fit existing wood poles. 2. Take down (without removal ) Of existing netting and hardware. Installation of new knotted netting and hardware to fit exis ti ng wood poles. EST. QTY . 1 1 .. BID Price $ ---- $ __ _ Estimated date of completion _____________________ _ ALL MATERIAL F.O.B. CITY OF ENGLEWOOD INVOICING TERMS ENGLEWOOD MUNICIPAL GOLF COURSE 2101 W. OXFORD Englewood, CO 80110 PRICE QUOTE FIRM FOR __ _ DAYS. EXCEPTIONS=----------------------------- LST WARRANTY INFORMATION: _____________________ _ ' I • C, • • • 1 • ... .. PROPOSAL GOLF COURSE BARRIER NETTING REPLACEMENT PAGE TWO NAME (PLEASE PRINT) SIGNATIJRE TITLE COMPANY ADDRESS TELEPHONE • ,. .. \ • . ' . • .. DATE ' I . 0 • • • City of Englewood Bid Tabulation Sheet Bid Opening Date: March 30, 2001 10:00 a.m. Bid Item: Golf Course Barrier Netting Replacement Vendor Cn>u Country Cowboy 303 13th Street Hammonton, NJ OI037 America's Nationwide Netting So• 1778 Cypress, TX 74410 West Coast Netting 5075 Fllghtllne Drive Kingman, AZ 18'01 C-• Take Down and Removal $79,903 .64 $40,000.00 $41 .600.00 "' Take Down Without Removal $78 ,085 .12 $37,000 .00 $39,900 .00 Page 1 ... 0 Exceptions : Note information on Exceptions Warranty information included Bid Bond included (check· $3 ,539 .181 None listed -see information Note information on warranty Bid Bond included See note on Exceptions See warranty information Bid Bond included 0 GC NETIING REPLACE l AB • • >·1, ... •• ,t MEMORANDUM TO: FROM: DATE: Wayne Niles Betty Goosman March 30, 2001 • •• -' SUBJECT: Golf Course Barrier Netting Replacement Requests for Bid were sent to three vendors. Three bids were received . .. I am attaching a copy of the bids , any technical information provided and the tab sheet. This bid (total) exceeds $20,000 and will require Council approval. Please review the bids and provide this office with a wTitten technical ernluation . The award will be made to the lowest technicall y acceptable bidder (the vendor who meets the technical specifications.) Please notify me when the evaluation has been completed and Council has approved. so we can proceed with this purchase . Should you have any questions please give me a call at ext . 2392 . ,. I· 0 I • • - City of Englewood Department of Parka and Recreation 1155 West Oxfold Avenue Englewood. Colorado 8011 o MEMORANDUM TO: FROM : SUBJECT: DATE: Betty Goosman Wayne Niles (.(,Ar.I Technical Evaluation of Range Nening April 11. 200 I Phone (303) 762-2680 FAX (303) 762-2688 I have completely reviewed the information and specifications that yo u sent me . I am providing the following technical evaluation in order to proceed with the netting replacement. I . Range Nening Take-down and Replacement--America's Nationwide Netting meets our specifications and provides an acceptable bid for take-down without removal and installation of the range netting. West Coast Netting docs not meet our specifications regarding netting type. Cross Country Cowboy does not meet our specifications and offers a bid that does not fall within our budget guidelines. We have decided 10 remove the netting after take-down ourselves. This will have to go to Council for approval of a purchase over $20,000. Please feel free to call me if you have any questions at 789-3679. ~,:-. Pr mec .:i n F=ec •1c led P¥et', ~ • . ' 0 I • 0 • • -• • • • COUNCIL COMMUNICATION Date Agenda Item May 7, 200 1 10 CV Subject: Purchase Ro to Mill Machine and Accessories INITIATED BY: STAFF SOURCE: Departm ent of Publi c Works Ken Ross , Direc tor of Publi c Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On February 5, 200 1, City Council approve d th e joint purchas e, with th e Citv o t Li tt le to n, ot a Roto Mill Machine. RECOMMENDED ACTION Approve, by motion, the purchase of o ne W irt gen Roto Mill Machine from Fans Machi n er, Co mpan in the amount of $343,677.00, a Goosenec k Trail er from Transwes t Trail ers in th e amount of $39.300.00, Q and other related equipment. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Cities of Englewood and Littleton dis cussed and agreed upo n the joi nt purchase of a roto milling machine that will be utilized bv both ci ties . Th e intent is ior the two ci ties t o share equally in the costs . Through the stat e bid proce ss . we were able to realize significant cost savings. To tal purchasin g costs for a new roto mill machine are : Item Ro to m1II Machine $343 ,677 Tra iler 53 9,300 I Firs t Yea r Lease on Tra ctor $11 ,823 Repla ce m ent Pa rts In ve nt o ry $5,200 To tal $400,000 The City of Englewo o d will own, maintain and provide manpower for its o peration in both jurisdictions. The Department of Public Works, Streets Division , has utilized ve hicle no . 3291 since it was purchas ed in 1983 for street repairs , and microsurfacing and overla y programs . This vehicle is in need of replacement because of its long and arduous service . Staff members fr om both Englewood and Littleton conducted te chnical ev aluations on m odels that are currently av ailable, and th e technicall y acceptable model is available through the State of Colorado bid process . Four bids were sen t out for a gooseneck trail er required to haul the Milling Ma hine. One vendor resp o nded. Staff re commends awarding the bid to the onl y technicall y acceptable bidder, Transwest Trailers , in th e amoun t of $39,3 00.00. • I • 0 • • • • , . .•. .., ... • • ... FINANCIAL IMPACT Through the State of Colorado bid pro cess, a 1900 DC Wirtgen Milling Machine can be purchased as follows : Base price Manuals (6) Multiplex Averaging Extended Warranty Ground Level Control Hydraulic Side Plates Locking Mold Board Air Compressor Washdown Total Cost $31 7,880 282 5,000 1,500 750 4,810 1,260 4,630 7 565 5343,677 The City of Littleton is contributing $200 ,000.00 to the co sts of th e roto milling machine, the trailer, and other accessories . The City of Englewood is contributing the additio nal cost from th e Capi tal Equipm en t Replacement Fund (CERF ); th is amount will be repaid to th e CERF in ~001 if surplus fu nds are available , or in 2002 if they are not. UST OF ATTACHMENTS Summary Specification Sheet -Roto Mill Machine Cities of Englewood and Littleton Concurrence Lett er State of Colorado Purchase Order and Documentation from Faris Machinery Company Summary Specification Sheet -Trailer Bid Tabulation Sheet -Trailer • I • 0 • • -. • .. .. . • - SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES STATE AWARD ~ 1F YEs . AWARD# '75.:51..4 3 H Pt-A C>t n NO MANUFACTURER OF VEHICLE (j), c:z:n _...._........._._~...,....."""'--'------- MODEL OF VEHICLE ___.1_9 ..... 00~~-D~C;;,__ _______ _ AIR CONDITIONING AUTOMATIC TRANSMISSION POWER WINDOWS POWER DOOR LOCKS 4 WHEEL DRIVE ALTERNATIVE FUEL OPTION C E R F REPLACEMENT YES YES YES YES YES YES YES NEW ADDITION TO FLEET ~ ®=-- ~ ~ @, ~ tr§:' ~- NO DEPARTMENT VEHICLE ASSIGNED TO ... Q._3_ . ..._J._.i ____ _ COMMENTS : R:e f+1c./3t 7t8El,, 61nanuals ='1£{)~ !ldt,pbr awrJJ/'Df-=?5<.."COq; &t.e-m·,o~ uXiraT1T!f=~5c.,:p Gau:,,Jl fev.dcr:z,frol="?5u l:fr.~51c/bpla1e./lft , f ~ 7 --, , I.cc t.t-,.c, M: lJ b,iM J,fl) 09 a, r co?n Ofl'"J'A: 14b 30 U2dsh<:Pow71 ! '75t i To t:a t°:.' 3 4 3 6 '7 '7, (:6.! 1 r 1 ) I· 0 - • • • • • -' CONCURRENCE LETTER For Joint Rotomil Purchase by the City of Littleton and the City of Englewood l. The Cic y of Linlc:con will concribuce $200,000 wward che purchase of a new rocomil machine. 2. The S200,000 will be paid co che C ity of Englewood as soon as possible after the rotom i l machine specification sheet has been prepared and agreed to by the two cities . At which time a request for quotations will be issued to qualified equipment dealers. 3. The request for quotes will include training for at least one City of Littleton fleet mechanic , so that emergency repairs might be accomplished more expeditiously if equipment breakdowns should occur in Littleton . 4 . The City of Englewood will own the rotomil machine. 5. The City of Englewood will operate the rotomil machine . 6 . The City of Englewood will be responsible for all maintenance of the machine . 7. The City of Englewood will run the rotomil machine during the summer paving season on a two-week schedule. The rotomil machine will be available to the City of Littleto n for alternating t\vo-week periods during each summer paving season . 8. The City of Englewood will purchase an equipment trailer for hauling the rocom il machine. 9 . The City of Englewood will lease a tractor for six months each year to pull the tra iler and rotomil machine. 10. The Cities of Littleton and Englewood will splic the monthly lease for the tractor equally . The mileage fees will be paid by each city based upon the mileage used by the respective cities . 11. The Cicy of Linlecon will part1c 1pate toward the maintenance ofboch the rotomi l machine and the equipment trailer on a pro-rata basis based upon the hours of use of the rowmil machine. The Cicy of Eng lewood will bill the City of Littlecon once a year at the end ofche calendar year. 12 . Any asphalt milling proceeds from City of Littleton streets sold to recycling centers for the benefit of the City of Englewood. will be credited against any Littleton maintenance costs owed to the City of Englewood. 13 . Since the City of Englewood will be providing the labor to operate the machine. Littleton agrees to trade labor and equipment to the City of Englewood on a as needed and as available basis in order to offset Englewood·s labor costs for asphalt planing work in the City of Linleton . The statements made above are correct and I be lie\·e ac c uracel y reflect my understanding ofche responsibilicies and commicments of the Cities ofLittlecon and Englewood. ~~Di~/ Dire ctor o f Publ ic Services City of Littleton Ken Ross, D irector of Public Works C ity of Englewood Date I • 0 • • • . . • • RECEIVED MAR 7 ~ 2001 COL 0 DEPT OF TRANSPORTATION DATE : 0 3 -2 7 -0 1 ~~\ PURCHASE 4 20 1 [AST AR K rit,S A S ~ --·O[ ORDER DENVER, co 80222 IMPORTANT ·.~· The PO# and Line • must . ,,, .. STATE OF COLORADO appear on all invo,ces . Buyer: BARBARA ALEXANDER,CP packing slips, cartons. Phone Number : 303-757-9666 and correspondence. P.O.# PC HAA 01HQ0000140 Page# Agency Contact: ROB HAINES Phone Number 303 757 9720 ACC: 03-26-01 State Award # FEIN 840424667 pt,on,JQ3 -289-5 7 4 3 B10#0l-070RR Vend<>< Contact: fllARK SHELTON Purcl1ase Aequ1S11oon •: RX HAA 01HQ0000419 : FARIS MACHINERY co N D 5 770 EAST 77TH AVENUE 0 COMMERCE CITY co 80022-1099 R INSTRUCTlONSTO VENDOR: ,. Wb<11,v-.--,o1nsOldOros~IJO\'Ol,d.,.~ ..... ,,,,..,. pleaNnooty .. _corac,__, .... .,., .... (....,_Ql_,s_n _., __ _, ___ ) 2. Mctw,,,caiL ___ muolOONDrmlO ... ___ ll!'OSHA. J NOTE ----on-- SPECIAL INSTRUCTIONS : LIIIE ITEM Ullll'OF - .,_ce In Tripli- To: STAFF MAINTENANCE 4201 EAST ARKANSAS AVE. ROOM 2 90 DENVER, co. 80222 CONTACT: ROB HAINES Pavment w,11 be made bv this •oencv Ship co . DEPT. OF TRAN S PORTATION To: 18500 EAST COLFAX AURORA, co 80011 De1ivery/lns1allat1on Date: 05-15-01 F.O a. DE S T l NA T l ON S TATE PAY S NO FREI GHT Ullll'COST TOTAL!TEIIICOST I 001 75543000000 EA 1.000 353,923 .000000 $353 ,923 .00 COLD MILLING MACHINE PER ALL TERMS, CONDITIONS, AND SPECS ON BID 01-0?0RR. ASSET 1Dt7896 WIRTGEN 1900DC MILLING MACHINE BASE PRICE 8 EXTRA OPERATORS MANUALS 8 EXTRA PARTS MANUALS 8 EXTRA SERVICE MANUALS RADAR LASER SEN S ORS fllULTlPLEX ELECTRONIC AVERAGING SYSTEM EXTENDED ENGINE WARRANTY 4 YRS/1600 HRS GROUND LEVEL CONTROL OF REAR STEERING HYDRAULIC LIFTED SIDE PLATES LOCKIN G MOLD BOARD AIR COfllPRESSOR AND AIR HAMMER 3000 PS I WASHDOWN TOTAL PRICE WITH OPTIONS TITLE TO BE MADE OUT AS FOLLOWS : STATE OF COLORADO COLORA DO DEPT OF TRANSPORTATION 4201 E ARKANSAS AVE. DENV ER, CO 80222 CONTINUED ON NEXT PAGE $317,880.00 376.0 0 376 .00 37 6 .0 0 9,400.00 5,000.0 0 1,50 0 .0 0 75 0 .00 4,810.0 0 1,260.0 0 4,630.00 7,565.00 $353,923.00 '§i_'°"' T~E STAT[~ CO..l"/00 _p ,r .. X I· 0 • • • .. • - COLO DEPT OF TRANSPORTATION DATE : 0 3-27-01 ~-PURCHASE 4201 EAST ARKAN!;A:i I .! g ORDER :~. DENVER, co 80222 IMPORTANT .~~· The PO# and Line # must . ''"'. STATE OF COLORADO appear on all invoices . Buyer : BARBARA ALEXANDER,CP packing slips . cartons , Phone Number: 303-757-9666 and correspondence . P.O.# PC HAA 01HQ0000140 Pag e• AgenCy Contact: ROB HAINES Phone Number 303 757 9720 ACC: 03-26-01 State Award # FEIN 840424667 F>hone303-289-5743 BID# 01 -070RR VendOr Contact: "'ARK SHEL TON Purchase Requisition t : RX HAA 01HQ0000419 ~ FARIS MACHINERY co N D 5 770 EAST 77TH AVENUE 0 COMMERCE R CITY co 80022-1099 INSTRUCTIONSlO VENDOR : 1. w tor..,, reaon. dllMlry al this ortlel' • dltlt)iled ~ ht CIIIINeryfnstalaton dill...,,, --~.,.---•tw,aplllft.(Rq<ol_s._,,, _,,,_....,_,,,.nor.-.) Z. ""--... --conform101he--br06HA. J NOTE. ----on--. SPECIAL INSTRUCTIONS : UNIT OF - lnvoica in Trtplicata To: STAFF MAINTENANCE 4201 EA ST ARKANSAS AVE. ROOM 290 DENVER, co. 80222 CONTACT: ROB HAINES Payment woll be made by !hos aQencv Ship co. DEPT. OF TRANSPORTATION To: 18500 EAST COLFAX AURORA, co 80011 Oeioveryl lnstaHatton Date . 05-15-01 FOB DEST INATION STATE PA YS NO FR EIG HT UNITCOST TOTAL IT£M COST A CLEAR PLASTIC HOLDER WITH THE FOLLOWING INFORMATION AN D DOCU MENT S SHALL BE PREPARED AND PLACED IN THE DRIVER SEAT OF EACH UNIT DELIVERE D THE M.S.0., WARRANTY PAPERS, ODOMETER STATEME NT, A STATE DOT WEIG HT TICKET, A COPY OF THE PURCHASE ORDER, 45 DAY TEMPORA RY PE RMIT. FAILURE TO COMPLY WITH THESE PROCEDURES WIL L RES ULT IN WITHHOLDING OF ANY PAYMENT FOR THAT UNIT UNTIL ALL PAPEP.WORK HAS BEEN RE CE IVED . DOCUMENT TOTAL $353,9 23 .0 0 THtS PO .S ISSUED tN .t.CCC>fOANCE Wff1'4 StAfE ANO FEDEF14L AEGULAT'°"4S I· 0 I • • • f ·,. Febnmy 19 , 2001 Ms. Renee Robinson Colorado Department of Transportation Purchasing Office Room 150 4201 E. Arkansas Ave. Denver, CO 80222 Dear Ms. Robinson: • • -.. In reference to your bid request HAA-01-070RR, we are ple.sed t o quote prices on the following equipment: One -WIRTGEN 1900 DC Milling Machine with a 79 " wide drum, Mercedes-Benz OM+42LA diesel engine; type ill tool holder system; electronic slo pe co ntrol; cycloni c pre-deaner fo r engine; ground level control of conveyor swing and lift; extra set of engine belts; complete set of filters and painted white. Terms: Price FOB Denver, Colorado ------------· ------------------------ Options to Consider: » Extra Operators Manual ----------------------------------- .l> Extra Parts Manual --------------------------------------- ;... Extra Service Manual -------------------------------------- .l> Radar L2Ser Sensors --------------------------------------- .l> Multiplex Electronic Averaging System ----------------------- J;,, Extended Engine Warranty four years or 1600 hours ------------- » Ground Level Control of Rear Steering ---------------------- » Hydraulic Lifted Side Plates -------------------------------- , Lock.ing Mold Board -------------------------------------- .l> Air Compressor and Air Hmimer -------------------------- » 3000 P.S .l Washdown · ------------------------------------ Delivery: Net 30 days after receipt of the invoice. 30-45 days after receipt of the order. • S 317 ,880 .00 47.00 47 .00 47.00 9,400 .00 5,000 .00 1,500.00 750 .00 4,810 .00 1,260.00 4,6 30.00 7,565.00 I • 0 • • • .. Colorado Department ofTn.ruponation Page 2. February 19, 2001 • • - Exceptions: There is no reimbursement program avaib.ble for warranty work done by the COOT. We arc in receipt of addendum #1. Warranty: The warranty on the Wingen is six -months or 1000 hours. The engine is 24-months or JC)()O.hours . A copy of each warranty is enclosed . Parts and Service Location. Faris Machinery has two locations for parts and service suppon. One is located at 5770 E. Tr" Avenue in Commerce City, Colorado. The other is located at 772 Valley Coun in Grand Junction, Colorado. All prices arc firm for U months from date of quote. The remaining four 1-ycar periods will be based on the Wirtgen America price increases. For documentation, a copy of the price list will be furnished when a request is received during the additional periods. Thank you for the opponunity of quoting this equipment. Si=cly FARJS MACHINERY COMPANY RandyShamy District Manager RS/jo Enc . • ) I • 0 • • March 26, 200 I Mr. Rob Haines COOT 4201 E. Arkansas Avenue ~ver, CO 80222 Dear Rob: • ... • • WIRTGEN Wl900 TRAINING PROPOSAL Faris Machinery and Wingen America will provide CDOT with mechanical and operational training on the WIRTGEN Wl900. We would like to spend two days covering the mechanical training. This training will be mainly in a classroom setting (slides, overhead projector, etc .). Some of the subjects covered include electrical and hydraulic functions and troubleshooting. Part of this training will also include "bands on" with the Wl900. The next two days will be operator training. This is mainly a "hands on• training course. Ideally, we would like to take the machine out to do an actual job. · Many Burks from WIRTGEN will be conducting the training. Many recommends 20-25 people maximum for this training course. Please let me know the location of the training and we will set the dates as the delivery of the WI 900 approaches. U you have any questions, please call me. Thank you . Sincerel y FARIS MACffiNERY COMPANY Randy Shamy District Manager RS/jo Q)()T. Wi"'°" T ~n..OJ21,0 I I • 0 • • -. STATE AWARD • ...... • -... SERVICENTER GARAGE SUMMARY SPECIF ICATI ON SHEET FOR NEW VEHICLES YES IF YES , AWARD# ____________ _ MANUFACTURER OF VEHICLE Tra, I t 1 ..,,~. Ira , I<, MODEL OF VEHICLE _TI ..... / ~J 1-""Q'--'-'-H_.0___,_G-~------- AIR CONDITIONING AUTOMATIC TRANSMISSION POWER WINDOWS POWER DOOR LOCKS 4 WHEEL DRIVE ALTERNATIVE FUEL OPTION C E R F REPLACEMENT NEW ADDITION TO FLEET DEPARTMENT VEHICLE ASSIGNED TO COMMENTS : '/kw purchase ± YES YES YES YES YES YES YES ~ Qj31 / ~ §: ~ ~ ~ ~ @> NO I· C, • • -. • •• - City of Englewood Bid Tabulation Sheet Bid Opening Date: April 25, 2001 10:00 a.m. Bid Item: Hydraulic Detachable Gooseneck Trailer Vendor TRANSWEST TRAILERS ATTENTION: JAY LEAL 7740 DAHUA ST. COIIIIERCE CITY, CO B0022 TRAILER SOURCE ATTENTION: JIM BLUMENTHAL 4651 TABOR ST. WHEA TRIDGE, CO B0033 A-J SALES & SERVfCE ATTENTION: MICHAEL HALEY 5530 E. 52ND AVENUE COMMERCE CITY, CO B0022 CHILDERS TRAILER SALES 4732 S. BROADWAY ENGLEWOOD, CO B0110 N/C = No Charge N/R s No Response NIB=NoBld Gooseneck Trailer $39,300.00 n Parts Manual N/C Shop Service Manual N/C Page 1 Total $39,300.00 N/R N/8 N/R 0 EJCceptions : None Listed 0 HYO DET . GOOSENE CK TRAI LER • • • • •,, .. • --.. COUNCIL COMMUNICATION Date Agenda Item Subject Ma 7, 2001 11 Ci A M o ti o n Appoin tin g a Hearing Officer Initiated By Staff Source Human Resources ue Ea ton, Director of Human Resources RECOMMENDED ACTION The staff re commends th e Englewood Cit Coun ii pass, by motion, th e appointment of a h eari n g officer for a discip lina ry appeal filed b y Ohicer Todd Renner BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Per the City of Englewood Administra tive Policy Manual, Human Resou rces Pol icy No. 24, when a request for a hearing before a Hearing Officer in con nection with a disciplinary appea l is filed with the City Clerk, the City Council will app oi nt a H ea ring Officer from the panel appoi nted to hear the appeal. UST OF ATTACHMENTS Resumes of Potential Hearing Officers . , ) I • 0 • • • • • - BENNETTS. AISE.VBUG RE.SWdE Law Offices al Benne:t S. Aise:iberg. P.C., De:M:r, Colorado, 1980 -prescm Ptnner, Garsuc!:i, ~ Campbell, Walke: lmi Greve=, Dalvc, Colcrad.o, 1958 -1980 B.A., Economics, Brow!1 Um,,e:my, 19,~ LLB., H.vvam uw School. 19!5 U.S. Army, 1955 -19S7 President, Brow: UDiw:si.-y Cub oi C:ilor-..co, 196'? -l9i0 P:'esicent, Harva.-d Law Scool Ancc::a::on al Cclcr3do, 1984-1985 Ce:r.c. Colcndc, Massac.ii=r.:s. Ind .~.CL'I !I!' A,scc::alicns Coic:'ado Sa: Foundatial Acc:-=.c3.'1 Tri.ii~ "5~.=n Colorido Trial L.awyc:s As:.oc'..1ecm, Beard ~be:. 1977 -1984, P:esident. 1984 -1985 Le..--:ure:-. Colcr3do Tml uwye:s Asm::acon. 1rn -pese:it T:ial I...a'W)'CS !or Public Justice. Sw:: Cw..-;:mon (C.Olcn:!o ) foullQJl, ~be-. P.Jblic Juslia: Fou::daicc lr.~ml Soc'..ety of Bar:iszs C:::ii!".c:i::on as a C.'v11 Trta! A.dvoc::m:, ~ai::cml Board of Trial~. 19114 -199' Jud:.t::al Sa:oinari.'11 ~sion (Den~) -Gllbenwcrial Appcin::me:Jt. 1988 -1994 De:1ve Bar ASS.X:.ation -P:esidc:u 1991 -1992: Trust=, l98l -1985, 1987 -1990; Represe:uasivc lD Board af ~cmars of Colorado Ba: !,ssrriarion, 1978 -1980; C!wrj,cncn, E:mminmau Commiacc, 197S -19ii; ~ Tm Fare: lD Assess Lepl Syswm. 1985 · 1986 C.,lorado Bar A.ssoc'.slion -Cai.,:C'SOn, hn::profcssianal Commitu::, 1971 • 191!0; C?w..-,,encn, Altc'!'l.tl:ve Dispu:= Resohition Commmc: on Employment. 19i9 - 1980: Emic3 wmmi~ 1986 • ~ Amicus Cw:ial: Ccmmiu=, 1991 • 199' Imiruc:cr, Tcr.s. t:nivc:sicy ofDcn'IC', School o(Law. l~l -1963 Iam.:c-.or, R.=1 Eswc !.Aw, 1.iniv~cy cl Cnlrnado E1a::isfon Sc.'lool. 1960 • 1963 • I I. I· - • • • • • -... lmlrDcmr. Mllialll ?alilalc fir Tml Adwcar:J. 19e • 1990 Amc:ica llallll af1\:il1 ~ Nadaaal Acadany al Arllilralms; Member. C il!W ca Law 1111! I elfsllcion, l916 • pn:mlli lm:ky Vnomtn BqlcD Clliapmua. 19M • ., ubcr Amlmr. Pedml Merftnfm and Owrlhdm Servb I· 0 • • • • • -.. RESotg OF RONALD J. COHEN 2325 West 72nd Avenue Denver, Colorado 80221 (303) 427-7584 Qualifications: Juris Doctor Degree University of Denver June, 1968 Adm.itted by Coloraco supreme Court October, 1968 Admitted by Un~tec Scates District court October, 1968 Adm.itted by un~tec States co~rt o: Appea l s Marc!l, 19 71 Adm.ittec by un~tec States Supreme Court Marc!l, 19 72 General Legal Ex;;,erience: Sta:f }.tto:-:i.e:_; Denver Le;a: A.:.c Society -1969 Associate A-:-;o~ev Berier, Rot~s~ein°& Geh_er Ac':or:i.eys at Law Commerce City, co -1970-1972 Partner Ceb._e:-& c::t.e:: Attorneys at La•., Commerce Cicy, CO -1972-1982 so_e Practitioner Rona l d Cohen, Attorney at Law Denver, co -1982 to present Municipal and Governmental Legal Ezperience: Assistant Count·, Attorney Ada.~s County , cb -1970-1972 • A I • 0 • • • • ... • - ASsistant City Attorney and Prosecuting Attorney commerce City, co -1970-1982 ProseC'~tiDg Attorney Northglenn, co -1970-1972 ASsistant City Attorney and Prosecuting Attor:iey Brighton, co -1972-1982 city Attorney Lafayette, co 1975-1990 Legal Advisor career service Commission commerce city, co 1982 to present Bearing otticer career service comme=ce city, co 1992 to present Judicial Experie~ce: P=esid:.ng Juc:ge Nort~gl enn, c~ -1982 to preser.~ Presid:.ng Juc:ge Federal Heights, co -1982-1990 Presiding Juc:ge commerce City, co -1987 to present Acministrative Law Judge Adams county, co -1988 to 1994 Bearings: Rate: $100 per hour • . ' ) I· 0 - • • • --- • .. • • ... JlMElUQ.N AlUIITRA'!'!ON ASSOCllT!ON -PAW"~ OF ~ LABCR PANi:L at ,., lm· ~ -AEiSJ.'.llii1t: l'lpe::im: rn TD!!: Afiiil:mM'CR. ScAVES ~ DBmlL"'CR CN INr!mSl' , ~ CASES. z....: DISCIF..J:NE, CI.SC'SIRac:, ~ • .DSae!, ~ cor, macR!'l'!!, Wl!ll.N, ~. a:JmUIC? ~CN, JCS ~SS'c!anar, llENE!'llS, ~. JtJRIS:lrc:r:!:al o~. ~ »I) tcmClC CXJI'n:CNS. P.E.!C sa:::t:R I-'B:R ~CNS ~ INC!IDES ~CNS, ~ QI' PRM:7I'!CN, VA0.1'!CN »IC SJ:a LEAVE. JiE.wwnl: .lcit:at:cz: ~ m. • UGZ; ~ s::a:E:.S • ~' I.CC. 7 ~.); ~ ~ OF AIL • Pil:::SC.-G:i ANO ~ c:::AL rnG C:S.; t::N:Tm ~. • t1L\E ~ ANO I.:G2!'. Wr:dt Eist:zy: ~-~' ~ ~AZ. ~ AGme"!) , 197i'-i9 i F!:'...sI' ASs:., NJ:!:'!. ~. C::CCPACC, 19i!-ii; !NSlS-l.c:t.R CF UW (P}Z'-~, 'OCi. OF ~. 1970-75; R!:~'i.:.:., CE1VS ~ c::tm, 19il-i2. M I lm· ~ oc:r. CEA 6"); tlul. CF ODVa (JD 6i; MS 72) PIE' dial: $ !=O. CO Pli.:s ~; ~ C!.~ tee wit.'li."'l 7 e2ys c! l:eu"i..n; 4/93 l I. 0 • • -• • . . • -' COUNCIL COMMUNICATION Date Subject May 7, 2001 Agenda Item 11 C ii Contract for Pr ofessio nal Co nsult ing Services for Ci tvwid e Pa vemen t Management Pr ogram INITIATED BY Publi c Works Deoartment I STAFF SOURCE Ken Ross , Director oi Publi c Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council app roved th e 1992 Budget that created a Publi c lmpro em en t Fund Project cal led th e "Pa ve ment Man agement Res ea rch " that City Council has appropriated S 11 5,000 since 1992. In th e 2001 budget, City Co uncil agreed to appropriate an additional S 10,000 for pavement management research . RECOMMENDED ACTION Th e Public Wo rk s D epartm ent recommends that Council approve, by motion, th at th e Ci ty en ter into a contract with Burlstone , Inc. t o provide p rofessional co nsulting services for the City in connectio n wi th a Citywi d e Pavement Management Pro gram , and authorize th e City Manager to sign the co ntra c t th at establishes the scope of ser. ices and fees for thi s pro ject. BACKGROUND , ANALYSIS , AND ALTERNATIVES IDENTIFIED The City of Englewood has O\ er 236 lane miles of streets . Each year Publi c Works eva luates th e condition of th e streets and makes pavement maintenance recommendati o ns, and es tablishes a prio rity lis t for st reets to be micro·surfaced and stree t overla) s. This process is manual in nature and relies heavily on the expe ri en ce of th e people in our stree ts di\ is1 o n. This s stem has worked well fo r th e city in th e past b ecause we ha ve been able to retain th e servi ces of th ese people for 30 plus years. As a result th e individual in cha rge of this effort ha\ e more history in their heads than th e can possibl share wi th th eir successors . We ha ve found a consultant who has deve lop ed a pa\ement managem nt ystem that is based upon a Microsoft A ccess based platform, it is a local co mp an based jus t up th e road in Golden, and the program has been developed fo r ci ties in Colorado and has been used successiull fo r ears fo r th e City of Castle Rock . We feel th tim e is right t o invest in a pavement management s stem that will help us manage ou r streets im en t o r,, pro\ide the ci ty street conditi on ratings , provide hist o ri cal ratings toge th er with rehab his tor,, for o ur stree t s, pro\ ide unit cos ts, prioritize maintenance ac ti1 ities , and h elp us mee t o ur resp o nsib iliti es as defi ne d in th e Right·of-way Ordinance . FINANCIAL IMPACT There is $-1 9 ,800 in th e Publi c lmpro\ emen t Fund for th is endea\o r. The proposal fr om Burlstone iden tifi es th at th e desired ser. ices will cos t 531 ,261 . LIST OF ATIACHMENTS Profes ional Consu lting Ser. ic e C ntra t • I • 0 • • • • - AGREDIE~T FOR PROFESSIO'.'IAL CO'.'ISUL TING SERVICE THIS AGREEMENT is made and entered into this ___ day of ::'.00!. by and between the CITY OF ENGLEWOOD (hereinafter referred to as "CITY"") and B rlston e. Inc .. 3 b South Lookout ~l ountain Road. Suite 100, Golden. Colorado 04 0 1, (hereinafter re ferred to as ··cor,.;SUL TANT""). WIThESSETH : WHEREAS, CITY requires professional consulting services in connection with a Citywide Pavement Management Program (hereinafter referred to as "PROJECT"); and WHEREAS, CITY has received a proposal for the PROJECT from Burlstone. Inc . Dated March 30, 200 I , and CITY desires to enter into :i. professional services contract with the CO, SUL TA1'JT , for this PROJ ECT. be ause of the ir responsiveness to the needs of the CITY, both in the time to complete the PROJECT and the scope of services offered. the CONSULT A,"JT'S experience and expem e in deal ing with similar types of projects. the engagement team and the key personnel :i.ssigned to the PROJECT, and the fee relationship to the services being pro\·ided: and \\'HE REAS. CO:\S L L TA.'-T m.1111tJins th:i.t its p ro3ect te:i.m has the requ1sik e.\pen1 .: and experience to perform the required work for the PROJECT. :\OW . THEREFORE . for and in cons id eration of the promises and covenants herein appearing, the p.inies agree as follo ws : I. SCOPE OF SERVICES 01'SLL T A.'\;T will perform the tasks identified in Exhibit ··x·, titled ··Proposal for Pa\·ement '.'vtanagement Program"', att:i.ched hereto and incorporated b y reference herein . II. ENGLEWOOD OBLIGATIONS/CONFIDENTIALITY CITY shall provide CONSUL TA .. "JT with repons and such other data as may b~ a\·ailable to ENGLEWOOD and reasonabl y required by CONSUL TANT to perform hereunder. No PROJECT information shall be disclosed by CONSUL TANT to third parties \\ ithout prior written consent of CITY or pursuant to a lawful Coun Order directing such d isclosure. All documents provided by CITY to CONSL"l TA .. '\/T sha!l be returned to CITY . CONS LL T.-\'.'.iT is authorized by CITY to reta in copies of such datJ and materials at CO:\SL'L T .-\:\iT's ~xpense . • I • 0 • j • • .. ... • -.. Ill. OWNERSHIP OF WORK PRODUCT L"pon payment to CONSUL TANT pursuant to this Agreement, all work, data, drawings, designs , plans , reports , computer programs (nonproprietary), computer input and output, analyses, tests, maps, surveys, or any other materials developed for this PROJECT. are and s hall be the sole and exclusive property of CITY. However, the CITY hereby agrees that there shall be no use of the Burlstone Software except as provided by the License Agreement, attached hereto and labeled Exhibit ''C", without prior written authorization by CONSUL TANT other than for the specific intended purpose of this Agreement. The CONSULT ANT shall provide CITY the '"so urce code'' at no additional charge. in order to facilitate transferring the Burlstone Software to a new computer platform th at is being considered by the CITY for purchase and ins tallat ion within the next tw o years. The CONSULT ANT will provide CITY with a ten ( I 0) day written notice pri or to di sposal of PROJECT documents it has retained during \,hich tim e CITY ma~ take ph ;sical possession of same at the sto rage si te . I\'. CO'.\IPE'.\'SA TIO~ Payment shall be made in accordance with the CO>iSL1. TA ... 'ff Labor and Fee Estimate in Exhibit .. B'', attached hereto and incorporated by reference herein . Detailed monthl y im·oices shall be rendered by CONSUL T . .\:-J"T . and shall be due and payable thirty (3U) d ays after date of rece ip t. In vo ices will be item ized and include hourl y breakdowns for all personnel, and other charges . The maximum fee specified in Exhibit .. B" shall include all fee s and expenses inc urred by CONSUL TANT in perform ing all services hereunder. CITY resef\·es the right to withhold final payment until such time as the work is complete. V. COMMENCEMENT OF WORK Within seven (7) days of receipt from CITY of a '.\otice to Proceed, CONSCL TANT shall commence work on all its obligations as set forth in the Scope of Sef\·ices or that po rtion of such obligations as is specified in said Notice. VI. CHA1"1JGES I'.\' SCOPE OF SERVICES Any change in the Scope of Sef\·ices shall constitute a change o r amendment of se f\·ices o r work, which is different from or additional to the Scope ofSef\·ices , specified in Section I of this Agreement. No such change, including any addit ional compensation. shall be effecti ,·e, or paid unless authorized by written amendment executed by the City :Vtanager or his designee of CITY . Except as expressly pro vided herein, no agent, employee or repre entati,·e of CITY shall have the authority to enter into an y changes or modifications , either directly o r implied by a course of act io n, relat ing to the terms and scope of th is Ag reement. • ) I • 0 ] • .. •• - VII. PROFESSIONAL RESPONSIBILITY CONSULT ANT hereb y warrants that it is qualified to assume the responsibilities and render the services described herein and has all requis ite corporate authorit y and professional licenses in good standing required by law . The work performed by CONSULT A.'.JT shall be in acco rdance with generally accepted professional practices and th e le vel of competenc y presently maintained b y other practicing pro fessional fim1s in the same or similar type of work in the applicable community. VIII. COMPLIANCE WITH LAW The work and servi ces to be performed by CONSUL TA'.\iT hereund e r shall be done in compliance with applicable laws, ordinances, rule s and regulat io ns . IX. INDEl\L~IFICA TIOi\ The CONSuL T . .\'.'JT agrees to indemnify and hold ham1less C ITY . and its officers and its em ployees. from and against all liabilit y, claims , demands, and expenses, including court costs and attorney fees, on account of an y injury. loss. or damage. wh ich arise ou t of, or are in an y manner connected with the work to be performed under this Agreement. if such injur;,. loss , or damage is caused in whole or in pan by, or is claimed to be caused in whole or in part by. the negligent act or omission, error, professio nal error, mistake, accident or other fault of the CO'.'JS U L TA'.'<T . an y Subcontractor of the CO"lSUL TA;\JT , or any officer. emplo) ee. or agent of the CONS CL TA'.\iT. Th e obligations of this Section IX shall 11 01 apply to damages which CITY shall become liable by final judgment to pa y to a third part y as the result of the negligent act or omission, error, pro fessio nal error, mistak e, accident , or other fault of the City of Englewood . X. INSUR.\~CE A. The CONS LL TA..i'JT agrees to procure and maintain in force during the tem1 of this Agreement, at its own cost , the following coverage: I . Worker's Compensation Insurance as required by the Labor Code of the State of • Color:ido and Employers' Li:ibility Insurance . • -• ., Comprehensive General and . .\utomobile Liab ility Policy for amounts not less than S3 00.000 for any one occurrence, with respect to each of the CONSULT ANTs owned, hired or non -owned ve hicles assigned to or used in perfonnance of the services . 3. Pro fessio nal Liability Insurance with minimum limits ofS250,000 each claim and S25 0,000 general aggregate. B . Said insu r:m ce s h:ill be m:imtained in full fo rce and effect during the tenn of this Agreement, and s hall protect COi\SL'L T A.'JT , th eir employees, s ubcontracto rs, agents Jnd reprc:sentati1 ·es from .:laims for da mages for perso nal injury and wrongful de:i th , and for damages to property arising in any manner from the negligent or 3 • I • 0 ] • • -• • • - wrongful acts or omissions of the CONSULT A T , their employees , agents , or representatives, in the performance of the work covered herein. C. Certificates showing the CONSULT ANT is canying the required insurance shall be furnished to the CITY prior to written Notice to Proceed. The Certificate shall identi fy this Agreement and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least 30 days prior notice has been given to CITY. XJ. NON-ASSIGNABILITY Nei ther this Agreement, nor any of the rights o r obligations of the parti es he re to. shall be assig ned by either party without the written consent of the other. XII. SUBCONTR.\CTl~G CO NS ULT ANT shall not subcontract an. task it is to perform under the terms of this . .\greeme nt without the prior written consent of CITY . XIII. TER\ll~A TIO'.'- Except as amended, this Agreement shall terminate at such time as the work described in Section I is completed, or upon CITY pro vi ding the CO:\:SUL TANT with seven (7) da ys ad vance written notice, of intent to terminate . CITY shall pay CONSULT k"IT for all work pre vious ly authorized and completed prior to the da y of termination . If. howe ver, CONS U LT ANT has substantially or materiall y breached the standards and terms of this Agreement, CITY shall have all rights or remedies available at law and equity . XIV. VENUE This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the pro\·isi ons hereof shall be brought in the County of ..\rapahoe, St ate of Colorado . XV. INDEPENDE~T CONTR.\CTOR CONSU LT A;'IJT is an independent contractor. Notwithstanding an y provisio n appearing in this A greement and any exhibits and / or addenda. all personnel assigned by the CONSUL T . .\.'.'JT to perform work under the terms of this agreement shall be, and remain at all .:mes . employees or agents of the CONSUL TA 1T for all purposes. XVI. NON-DISCRli\llN..\ TION CONSULT A. "IT, its agents, employees , contractors, and subcontractors shall not discriminate on the bas is of race. color, creed, national origin, ancestry, age, sex, reli g ion , or di sabilit y in any policy or practice . ) I • 0 • • • l ., ,, . .. • - XVII. NOTICE An y notic e or communication between CONSUL TA.NT and CITY whi c h may be requ ired , or which may be given, under the terms of this Agreement shall be in writing , and shall be deemed to have sufficiency given when directly presented or sent pre-paid, first class Uni ted States Mail. ATTEST : City Clerk ATTEST : Secretary Recommended and Approved : CITY OF ENGLEWOOD, COLORADO: Gary Sears City Manager CONSULT ANT-Burlstone, Inc . Title : _____________ _ Ken Ross. Direc tor of Public Works • I· 0 ]- • • • • -' \. ,, II March 30, 2000 City of Englewood Attention: Ken Ross Public Works Director Department of Public Works 1000 Englewood Parkway Englewood, Colorado 80110 Proposal for Pavement Management Program Dear Mr . Ross : Thank you for taking the time to meet with us this morning . We have made the requested changes and additions and we believe that it meets your needs . Task 1: Develop Databases In Microsoft Access, develop a database with the following : a. Inventory. The inventory or data acquisition conta ins all phys ica l information about streets such as pavement type , funct ional classification, age, condition , zone , and other pertinent information . The inventory includes the use of the GIS Identification Codes established by the City of Englewood . b . c. Condition Rating. The condition ratings range from 0-100 , zero indicating critical condition and 100 indicating perfect condition . The rating is based on the number and severity of the distresses present. The condition rat ing will consist of seven distress types: cracking , alligator cracking, rutting , shoving , raveling , utility trench settlement and patching . We will finalize these distress types with the City . Condition Rating History. This is the historical collection of all condition ratings performed . The table within the Access Database will hold unlimited historical condition ratings. Proposal for the City of Englewood -Pll-nt U.n•~ment Progr•m Prepared by Bur/stone. Inc. Page 1 of 5 306 S. Lookout Mountain Rd. • Suite # I 00 • Golden, CO 8040 I • (303) 526-7710 • (303) 526-5875 Fax • •· I • 0 • • • • • -.. d. Rehabilitation History. This is the historical collection of all completed rehabilitation projects . The system will incorporate rehabilitation improvements on a block by block basis. Rehabilitation type , year completed and costs will be tracked . e. Unit Costs. The unit cost tables for each rehabilitation type will be developed to provide accurate cost estimates for proposed improvement priorities. f. Prioritization for Rehabilitation Types. This table will provide feasible maintenance and rehabilitation alternatives . Once the list is developed , a life cycle cost analysis will provide the most cost- effective solution strategies for rehabilitation types , dependent on distress types and severity . Alternative budget options may be stored in the system for comparisons and easy retrieval. g. Rehabilitation and Cost Forecasting. Forecast ing will use the available data and an inflation rate entered by the user to pred ict a 3-year rehab program that can be used for budgeting and planning strategies . The recommended program may be mod ified and adjusted to accommodate the City's needs . h. Permit Fee Calculator. Inventory and re hab inf ormat ion will be used in the formulas suppl ied by the City to determ ine the appropriate permit fees . The fees will be determined on-screen and can be printed as a hard-copy report. This scope assumes that the City has the appropr iate hardware and software (i.e . Microsoft Access) to complete this system . Task 2: Task 3: Develop User Interface In Microsoft Access. provide user-friendly screens to access all data and reports. These screens will allow the City to enter new data , modify existing data , or look up informat ion for its customers. Burlstone, Inc . will also convert the City of Englewood's existing pavement management system to Burlstone lnc.'s Pavement Management Program. The program will include: one back-end database that stores all of the data, and two front-end database applications (one with editing capabilities and one for viewing only). The program will be developed in Microsoft Access 97 and converted to Access 2000. The screens will be approved by the City periodically for ease and functionality. Develop Required Reports Burlstone , Inc . will develop the following reports to provide necessary information . The reports will be generated through screens in Microsoft Access that can be printed . We will finalize the list of reports with the City . Proposal for the City of Englewood -PavfltTlflnt Management Program Prepared by Bur/stone, Inc . Page2of5 • ) I • 0 ]- • • • Task 4: Task 5: Task 7: • •• -... • Block inventory, Block List, Physical Inventory , and List of City- Maintained Blocks : all sorted by street , ID#, road classification and development. • Inventory pictures . • Lane miles by pavement type . • Condition rating and rehab by street , road classification and neighborhood. • Condition rating summary by condition . • Condition rating summary by road classification and cond iti on. • Summary of recommended rehab and estimated costs . • Budget reports . • Unlimited budget reports. • Current work plan and forecasted schedules. Data Collection a. Inventory -All inventory information will be collected by the City of Englewood and supplied to Burlstone , Inc . to ente r into the system. b. Condition Rating -Fiel d-train ing sessions will be conducted by a Burlstone employee with City of Englewood employees . The portion of streets rated dur ing the tra ining sess ions wi ll be checked for quality assuran ce . The City of Eng lewood will rate the remaining streets . c. Rehabilitation History -All kn own informa tion regarding rehabilitation work from the past will . be converted into the Burlstone Pavement Management Program . Pavement Evaluation Manual and Update Database User 's Manual Two copies of the Pavement Evaluation Manual exp laining the condition rating process will be provided . This manual includes the rat ing specifications and reference pictures for the distresses rated . The Pavement Evaluation Manual is a supplement to the PMP database and can be used as a field reference manual. The Database User's Manual will be updated to reflect the customization for the City of Englewood . One copy of the user's manual will be provided . This manual is a guidebook to the PMP and expla in s how to optimize use of the program. The topics are discussed in the same order they exist in the database menus for easy reference. Instructions are intuitive enough for the occasional user and detailed enough for advanced administrative functions . A road map of the database will be included to simplify GIS connections . Database Technical Support and Revisions The City of Englewood will have three months from the date of delivery of the software application to report errors for debugging. During this time , requests for minor revisions may be made and general technical support Proposal for the City of Englewood -Pavement Management Program PreparN by Bur/stone, Inc. Page 3 of 5 • I • 0 • • • ~ ,\' . • -.. will be provided , not exceeding twenty hours . Any add itional supp ort will be charged at the rates listed below as "Additional Tra ining and Dire ct Costs". Task 8: Project Management Includes the administrative duties of bi lling , project schedule management . budget management and monthly meetings wit h the City of Englewood through completion . Schedule: Task ldent1ficat1on . Number Task Descript1on T1meline .::!~.-.,.,~T~~k't · .,· · ;:" ; . ·".\"fask2 ' 0 , ',. ·-)l'ask3 ... ·';Task4 :'.'Fask5 ,, 'Task& Task7 Project Costs : Develop Database Develop User Interface Develop Required Reports Data Collection Pavement Eval. Manual and User's Manual Database Techn ical Support and Revis ions Project Management Please see the revised cost proposal attached . Additional Training and Direct Costs: 6 weeks 2 wee ks 2 we ek s 4 week s 2 weeks 3 mont hs Throug hou t proj ect Any additional training or direct costs beyond the items stated ab ove will be charg ed as follows : Software Tra ining/Technical Support Condition Rating Tra ining/Quality Assurance Direct Costs Mile.age Copies 24"X36" Bluelines Color Cop ies FAX Telephone License Agreement and Limited Warranty: S83 per hour S700 per day $0 .325 /mile SO . 10/sheet $2.00/sheet $1.00/sheet $0 .50 /sheet Actua l Costs A license agreement and limited warranty will accompany all deliveries of any programs or documentation . Using any of the materials constitutes accepting the terms and cond itions of the license agreement and limited warranty . Proposal for lhlf City of Englttwood -Pavttmttnl Managttmttnl Program Pr1tparlfd by Burlstontt, Inc. Paglf 4 of 5 • I • 0 • • • • 1-,, ... . ' ,I, • - ., We wish to thank you for this opportunity to respond to your requests . We look forward to working with you. Sincerely, Burlstone, Inc. ~ Rebecca B . Davidson, PE Principal Propoq/ for,,,. City of E,,,,,.--, -Pa-,it Mllnagam,mt Program PraparatJ by Burtat-, Inc . Paga5of5 .. .... " ~ . . , I • 0 - • • • ) ·-"-' ~ .... • - Englewood Pavement Management Proposal • 2nd Revision Proposal Conditions ' • Main objective is to develop an Access application for pavement management. .. • Condition rating training for City of Englewood employees will be conducted by one member of Burlstone . • No pictures are taken by our staff for inventory purposes. • Develop a application with a front-end and back-end that incorporates the existing Englewood database . • Provide a comprehensive user's manual. • Contract will be charged as monthly progress billings based on percentage of completion for the total lump sum below. The condition rating training will be charged at a daily rate . Task Descriotion Personnel Hours Rate Subtotal Task Subtotal 1 Develop Basic Database with User Interface Teresa 148 $ 83 $ 12,284 s 17,264 2 Tie Existing Database into New Database Teresa 40 $ 83 $ 3 ,320 3 Develop Front End Applications • 1 with full Teresa 20 $ 83 $ 1,660 access , 1 with limited access 4a Data Entry Technic ian 12 $ 50 $ 600 s 600 4b Condition Rating Training/Quality Assurance 5 days $ 700 $ 3 .500 s 3,500 (5 days at $700/day ) 5 Pavement Evaluation Manual (2 copies) Teresa 4 $ B3 $ 332 s 5,299 Technic ian 16 $ 50 $ BOO Update Database User's Manual (1 copy) Teresa 40 $ B3 $ 3 ,320 Technician 16 $ 50 $ 800 Materials - B & W Copies (150@ $0.10/copy) $ 15 Color Copies (12 @ $1.00/copy) $ 12 Covers (3 @ $1.50/copy) $ 5 Binding (3 @ $5 .00/binding) $ 15 6 Database Technical Support Teresa 20 $ 83 $ 1,660 s 1,660 7 Project Management Becky 26 $ 113 $ 2 ,938 s 2,938 Grand Total s 31 ,261 ..: ' . ' ' I • 0 • • • • • • ' AFR-20-2001 14 :15 FROM : T0:3037836893 LICENSE AGREEMENT ATI'ENTION: Please read this entire license agreement (the "Agreement") before using the Bwutonc programs. IF YOU INSTALL OR USE 1HE BURI.STONE SOFIWARE YOU ACCEPT 1HE TERMS AND CONDmONS OF nus LICENSE AGREEMENT, If the terms of this agreement are unacceptable to you, return the Burbtunc program, documentation, and packaging to Burlstone. THIS SOFTWARE IS LICENSED FOR USE , NOT SOLD, AND IS PROTECTED BY UNITED STATES AND OTHER COUNTRIE.5' COPYRIGHT LAWS. UNAUTHORIZED USE, INCLUDING USE IN EXCF.SS OF THE LICENSE GR.ANTED HEREBY, CONSTITUTES COPYRIGHT INFRINGEMENT. License .Agreement The Software con.,;ist.,; of written documentation (the "documentation'') and the computer program (the "progr.im"), which include.,; the databa.,;c provided with the pmi;ram. The documentation and the program arc concctivcly referred to 3S the "Software.• You are granted a personal, non-exclusive, non-assignable right to in.stall and u.-;e the progr.un and to u.,;c the documentation, solely for your bu.,;incss' int.:mal use. The license granted hereby is not a sale of the original, or of m~uthorized copy of the progr.im or documentation. You may not transfer or share the Software to or with any other bu.'iincs.~ other than the City of Englewood. You may not disclose, nor make or di~tihute copies of the documentation or the program to others out.~dc your organi1.ation. Burlstone is the owner of the copyright in the Soth.·are . You shall nwn only the physical media oa which the program and documentation arc recorded. You may, and Burlstone encourages you to, make copies of the program for bacl."Up purposes only . lf you install or use the Burlstone Software, you accept the terms and conditions of this Llcense .-\greement . Accepted: Clty of Englewood Date • I • 0 • • • • • - COUNCIL COMMUNICATION Date Agenda Item Subject: May 7, 2001 11 C iii Command Vehicle INITIATED BY: Safety Services I STAFF SOURCE: Director Chris Olson COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Approve Purchase Order for a Command Vehicle for the Department of Safety Services . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The need for a mobile command vehicle has been identified to support Command and Control functions for The Department of Safety Services . Two manufa cturers were ev aluated ; SKAGGS and Lynch Diversified Vehicles (Identified b y the Government Services Administrati o n Program ) Afte r visiting both facilities and evaluating overall quality and res o urce list. th e Command Vehicle Committee has sele cted Lynch Diversified Vehicles . LDV (Lynch Diversified Vehicles ) manufactures over BS % of the specialty vehicles and their quality reflects their market shar e. FINANCIAL IMPACT Vehicle will be purchased under the GSA program 11 22 , which guarantees the lowest government prici ng. The cost of the Command Vehicle will be taken out the Forfeiture Funds and Department o f Justice Grant Funding and the City of Englewood will not assume an y financial impact. The total bid price for the Command Vehicle is $299,447.16. LIST OF ATIACHMENTS Final bid from Ly nch Diversified Vehicles ) I • 0 • • • • ... • • • U.S. GENERAL SERVICES ADMINISTRATION Federal Supply Service March 5, 1999 Neal lgnatowski. Lynch Display Vans Inc . 180 Industrial Dr . Burlington , WI 53 I 05 Dear Mr. lgnatowski : This letter provides information regarding The State and Local Law Enforcement Equipm ent Procu rement Program (the 1122 Program) and how it applies regardin g Federal Supply Schedule 42, Part IV -Fire Fighting Vehicle s and Wa ste Di sposal Vehi cles. Section 1122 of the fiscal year 1994 Nauonal Defense Authorization Ac t established the auth orny io r Sta te and local governments to purchase law enforcement equipment through Federal proc urement channel s, provided that the equipment is used in the performance of counter-drug activit,es. The authori ty fo r the Ml 122 Program" resides with the Department of Defense. Under the provisions of the starute, GSA is responsible for the development of a catalog, which not only explains the 11 22 Program, but also delineates those products which may be procured under the program. Each state partic ip at ing in the 11 22 Program designates a State Point of Contact (SPOC) to administer the state's activities under the program . by validating the counter-drug mission of each procurement request, and by ensurin g the ava,Ia bility o f funds. To date , thirty-nine (3 9) states have e lected to participate in th e 11 22 Program . Further info rmation regarding the 1122 Program. including a lisung of State Points of Contact. may be obtained by accessin g the Deparonenc of Justice web site at hnp ://www .ojp.usdoj .gov /BJA 1h1m l/site 1.111m. In regards 10 Federal Supply Schedule 42, Part IV -Fire Fighting Vehicles and Waste Disposal Vehicles. GSA is opening up the schedule for Command Caners ONLY. Accordingly, an authorized non-Federal organization (y., state, local , city, county governments) may be able to place an order for only command centers under your GSA contract . Please note. in this particular instance , onl y the SPOC ma y place the order on behalf of the stale, local, city, or county govemmenc. Therefore if an order is received fro m an individual other chan the SPOC the order must be rejected. The SPOCs have been instructed Lo include the following language on any delivery order placed off of the GSA ConLJ'3cts , "This order is placed pursuanc to the State and Loe.al Law Enforcement Equipment Procurement Program(" 1122 Program ") in support of counter~rug activicies, under the authority of the State Point of Contact (SPOC) for the State of _______ ." With respect to orders placed by authorized non-Federal organizations, your firm has the option of deciding whether to accept or reject the order in accordance with the Scope of Contract clause of your GSA contract (Clause 1-FSS-102-D). This clause, found on pages 38-39 of the contract. states, in relevant part, that M[t)he Contractor is not obligated to accept orders received from act iviues outside the Executive Branch ; however, the Contractor is encouraged to accept such orders. If the Contractor is unwilling to accept such an order, the Contractor shall return it by mailing it or delivering it to the ordering office within 5 workdays from receipt. Failure to return an order shall constitute acceptance whereupon all provisions of the contract shall apply." In addition, not all non-Federal organizations are authorized to purchase command centers 1n1der the schedule. Only those states which have entered into the program are eligible to purchase command centers from the GSA contract. If your firm has questions as to whether a particular non-Federal organization is authoriz.ed to place an order under your GSA contract, you may check the Department of Justice internet site to see if they have been added to the pro gra m. Finally, I have enclosed the current list of SPOCs, which provides narne(s), addresses , and telepho ne numbers for the State Points of Contact who have already entered the program . If you have qu e scio ns about a pamcular order received , yo u ma y contacl the appropriate individual (s) from the lisc. 1941 Jefferson Davis Highway, Arlington, V ... -2202 -4502 ,. • I • 0 • • ,.\ ... .,. .. ... • -' Please contact me if you haw any questions regarding this leUcr. I CID be racbod at 703-308-4666, oc you CID e-mail me at jeffrey.meyers@gsa.gov. Sincerely, ~~~ ConcractUlg Officer Automotive Division Enclosure ~-____ .. -----· --·! ~'"---' -·· • -~eall't... . ) I • 0 • • -... Attachment 1 AS OF: FEBRUARY 25, 1999 STATE POINTS OF CONTACT ~ 1. f,J..ABAMA CPT Cecil Mcelvaine 334-260-1 100 Department of Pubfic Safety Fax 334-260-1160 2720-A Gouter Park Drive West Montgomery , AL 36109 2. ALASKA LT Dan Lowden 907 -264--0809 Alaska State Troopers Headquarters Fax 907-272-2590 Post Office Box 101718 Anchorage, AK 99510-1718 3. ARIZONA Mr. Char1es B. Krieger/Mr. Gary Cohen 602-256-1300 102 West Madison Street Fax 602-272-7067 Phoenix, AZ 85003-2123 4. ARKANSAS COL John R. Bailey 501-6 18-8200 Director. State Police Fax 501-618-8222 #1 State Police Plaza Drive Little Rock, AR 72209 5. CALIFORNIA Mr. Gary VVhite 916-323-7427 CA CounterOrug Activities Proc . Program Fax 9 16-327-8i14 O ffice of C ri minal Justice Plann ing 1130 K. St, Suite 300 Sacramento, CA 95814 6. COLORADO MAJ Oar Martens/DhaOdy de Guzman 303-239-4570 Colorado State Patrol Fax 303-239-5n5 700 Kipling Street • Lakewood. CO 80215 7. CONNECTICUT Comm. Kenneth Kirschner 203-685-8000 1111 Country Club Road Fax 203-685-8354 Box2794 Middletown, CT 06457-9294 • I 8. DELAWARE Ms. Greta lplenski 302-739-5957 • 0 Delaware State Police Fax 302-739-5614 Depanrnent of Public Safety 1441 N . Dupont Highway Dover, OE 19903 • • • • • :-., • • . SEP 13 '00 02:4SPM CSP CHIEF & LT COLot£LS OFFICE P .2/4 'W The Colorq~o 1'i22 FeGeral Procurement Pro1r~m Colorado Sc~ce Pacro !. 700 K"pling Scree~. Su ir~ iCO C. De:-:v~r . C:, s o::.5-53 65 Phone JOJ-?39-5776 www st:ic~.co .us l io,_t1ir/c~;:s /c:;;,.~::-:, F •. , j()J .2Jo-...i 3: s'.~:• P>~:. Us~-o"?_: . . 1· Orr:or Nr,mo.rf•J . ._. . 1 , OM~• ~'.:°?S::.., .. ~·~·. ··:-:~~ .. ~-~~-::·:.~~}):~~· -.~ .: .. .; ...... ~:-·-~ .... ~:·:_, '~· .. I c.,~ BKk (OJC!. iirn•. 111 itiJ l$J r -~·--.... l',;,cr,aae Unit at luu•: Q"""tltY to IN On1e,oe1 : 1122 Special Order Form • ?r6ducr In.fonr...irior..:..:. .:· .• · :':',', .. , ... ··,..:.. AH•IO_. Sllipp1119 CU'IS ( II 1pp1i~bleJ: Tou.1 Price: t: ~ · .. POC: AOCll'NS: ily : Ship ro ACIClrna : S&aia: on1e,01tw: "•""'-0.._,e,y C11e: Thia --.. ,_ OUfWllal'C IO ell• Scaia encl 1.0Cal uw El!fon:•.....,, e,:11,_, "'"",...._ ,....,,. ... r,,u ,.,...,,.,.. .. , n. order ii placed parsmt to die State &: . in si,.,.or, Of c-Cet-4"'0 ~ot!N. M-111• 11,111onl'( ol tft• SUiia l"Odll ol co ... a (SPOC) , ... -·-of c ....... Loal Law Eafon:eaeat Eqaipaat Procanmeat Program ( .. 1121 Prop'aa") ia sapport of couter-dras acdYttiel. Dare: __ _ ~re:~~~~~~~~~~ -• ck to 303-239-4481 • I • 0 • • • • . . ... • -... P .3/4 !SEP 15 '00 02:38f'M CSP CHIEF & LT COLOt£LS OFFICE /' f t ..• :I~~ i ,.;.._. ' ,;; /,'•, MOTOR VEHICLE REQUISITION (INSTRUCTIONS ON MCI() a. ----Tllcmlllllll c,i 1111 ~ S-llllllr=!a• ............ --... '"--121 .,_.,."""" __ .. ....._ __ .___.__I ......_F ......... Ei_.._.L] I I I I I D 11AA1< HIM• AIXlfflCltW. ~ flOII STNCWID 'IIIHICIA(SJ ME AffAOe). 0 -.-. 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WISCONSIN USA 53105 www.ktvuaa.co m PRELIMINARY SPECIFICATIONS POR: CITY OE ENGLEWOOD, COLORADO DEPARTMENT OF SAFETY SERVICES LDV GSA IIOD!L tMCC21NCIS (MODIFIED to MCC30LGS280) April3,2000 Revleed October 12, 2000 Revleed October 31, 2000 RevtHcl December 18, 2000 Rev!Hd February 1ai, 2001 Revleed April 23, 2001 ----(21Zl1Q.01'1'------(IOOlilMlll'------FAXCllll7"'411N---- 'I I· 0 • • • •,. • -.. . APR-30-2001 MON 04:13 PM ENGLEWOOD s s FAX NO. 3037622406 ----· -· • ·-·-·---. - ~HASSIS/BODY DIMENSIONSi 1 . Wheelbase of chassis: 276. 2. Overall length of apparatus, including rear step: 473" 3 . Overall apparatus width, rub rail to rub rail : 96" 4 . Rear step height from ground (loaded): 24 .. 5. Overall height of apparatus (loaded); 144 .. 6 . Interior walkway height raw body: 85" 7. Interior walkway height finished : 83" 8. Interior walkway length: 360" 9. Interior raw body width : 93" 10. Interior finished body width: 85.5" "!iSl1§.: Estimated measurement dependant on chassis components , axles, tires. frame. suspension, and roof mounted equipment. CHAISII REQUIREll!Ntl: 1. 2001 Freightliner MT·55 forward control chassis. 29,000 lb. GVWR with rear air ride suspension. ENQINli 1. Cummins ISB 260 HP turt>o-eharged diesel engine (260 hp @ 2600 rpm, 550 LB/FT of torque@ 1600 RPM) . 2 . 714 Sq. in. downflow radiator. 3. Eaton viscous fan drive. 4. Silicone radiator hOHI with conatant torque clamps where possible. 5. Anti freeze to -35•f (Ethylene Glycx,I premixed to 50/50). 6. Frontal air intake with FARR ECO·SE air cleaner mounted on rail. 7 . Electronic integral angina warning and derate protect system . 8 . Single horizontal inboard exhaust with hOrtzontal tail pipe forward of rwar tires on drivers aide . 9 . Cummins supplied remote mounted fuel water separator with heater. EnglNOOCI Co. MCC30lGS2t0,D0C 1 • P. 03 I· • • -. • •. ~ . ... . , • -... APR-30-2001 MON 04:13 PM ENGLEWOOD s s FAX NO. 3037622406 P. 04 ~GlNE (cont.); 10 . Full flow oil filter. 11. Philllps 1,000 watt block heater wired to switch on control panel. INSTRUMENTATION AND coNTROLl.i 1 . Electronic fuel quantity gauge . 2. Temperature and oil pressure gauge . 3. Charge indicator (voltmeter). 4. Etectronlc speedometer with odometer. 5. Electronic cruise control with swttches In left hand dash panel. e. Transmission temperatur9 gauge. 7. Electronic 3,000 RPM tachometer. 8. Warning lamp light bar display In dash. 9 . Oil pressure actlVated hour meter. JRANSMIIIIQN: 1. Alllson 2000 heavy-duty 5-apeed automatic transmission . Mechanical RatiOa are as follows: First 3.51: 1 Second 1.90:1 Third 1.44:1 Fourth 1.00: 1 Fifth 0 .74:1 ReverH -6.09:1 2. Transmission water-to-oil cooler. 3. Transmission mounted parking brake with dash control. • ~: Auxiliary transmi881on oil cooler not required with Allison 2000 tranamlnlon and radiator specified , 2 • ) I . 0 ...... • • -. • I·> .•' ... • -... APR-30-2001 MON 04:13 PM ENGLEWOOD s s FAX NO. 3037622406 . --· --·· --. AXLII I sysPEN§ION;, 1. Meritor (RockWell) FD-965, 10,000 lbs. front _axle. 2. 10,000 Iba. taperteaf front springs with maintenance free rubber bushings. 3. Meritor (Rockwell) RS-19-145, 19,000 lb. rear axle. 4. Swap out std. 5.57 dlfferential with 8.43:1 drwellne reduction ratio. With this gear ratio the maximum geared speed at governed RPM Is 63.67 MPH vs 74.5 with the 5.57 ratio. 6. Frelghtliner Airliner 20,000 lb. rear air ride suspension. Includes the following: a.) Cummins 15.2 CFM air compressor. b.) Alrtiner ride height· high. 6. 1550 Spicer half round yoke drwelln• with driveshaft guard. 7. Heavy duty front and rear shock absorbers . 8. Fumlsh and install lnata-Chain automatic ice tire chains. System shall use a 12-chain wheel with air cylinder activation and dash control switch. IRAKili 1. Bosch .f..whee/ hydraulic disc front and rear with Wabco 4-channel ABS w/o tractlOn control. 2 . Front and rear disc brake dust shields . l!EERING: 1. Ross TRW TAS-85 power steering. 2. DouglH ttlt/teieacoPlc steering column . 3 • ' . P. 05 0 I· 0 • • • • • - APR-30-2001 MON 04:13 PM ENGLEWOOD S S FAX NO . 3037622406 1. iO gallon/340 Liter rectangular steel fuel . tank mounted between frame rail& behind rear axle with driver's side fuel fill . FRAIi!: 1 . 5/16" x 2.81" x 9.13" 50,000 psi steel frame. 2. Frame RBM is 540,000 lbf/in/rail or 1,080,000 total. 3. Frame warranty ls 5 years/100,000 miles . 4. Frame Is constructed using only grade 8 bolts . W;CTRICAL;, 1. Leece Nevllle 200 amp alternator model 4884. 2. Dual Freight/ine,931 MF min 1310 CCA batteries. 3 . Automatic self..,..set circuit breakers . 4. Delco 12 voe 28MT starter. 5 . Dual electric homs. 6 . Wagner 552 tum signal and hazard flashers . TIRES ANQ WHEELS: P. 06 1. Two (2) 10R22.5 Michelin XZE 14 ply highway tread radial tires (front). (Load rating for both tires 11,360 lbs.). 2 . Replace std XZE highway tread tires with four (4) 10R22.5 Michelin XZT 14 ply block tread radial tires (rear). (Load rating for all four tires 20,320 lbs.) . 3. Four (4) 10-stud hub-piloted 22.6" x 7.5" aluminum wheels and two (2) inside rear steel whNIS 22.5" x 7 .5". 4. Aluminum wheels Include Alcoa chrome trim kits with center cap and lug nut covens. EngiNoOd co. MCC30LGS28Q.D0C 4 • I· 0 • • • • • - APR-30-2001 MON 04:14 PM ENGLEWOOD S s FA X NO. 3037622406 BODY REQUIREMENTS: 1 . Body shall be 30' long loadspace x es• high. x 93" wide all aluminum step van body. 2 Body shall have sedan door streetslde with slider window. Door to have continuous stainless steel piano hinge and two (2) nylon door straps . 3. Body shall have sedan door curbside with slider window. Door to have continuous stainless steel piano hinge and two (2) nylon door straps . 4. Body shall have one (1) 32" wide x 82" high 0.125" aluminum curbside sedan door with 21.5" wide x 2s .s• high fixed window and mini-blind installed 12" forward of rear wheel box. Door shall have continuous stainless steel piano hinge and two (2) nylon door straps . Door shall have an aluminum drip rail installed above door. S. Body side doors shall have a O. 12s• aluminum treadplate stepwell for 1e• skirt depth with automatic courtesy lights In door stepwells that operate when door is opened witt1 defeat switch located on dash . 6. Body shall have one (1) Kwlkee heavy duty 24" wide steel manual entry step painted black with aluminum treedplate step surface at curbside load space door location and one (1) 20• step at tront door. 7. Body shall have three (3) heavy-duty fluted aluminum grab handles with rubber inserts and chrome plated stanchiOns . One ( 1) shall be installed on the inside of the side entry door as shown In drawing at an angle to assist entry Into the truck. 8 . Body doors shall have black non-skid tape to all door entry sills and yellow/black warning tape applied to inside door edge. 9. Body doors shall have slam lock, key-to-lock hardware with #545 key locks. 10 . Body shall have Whelen 810 series combination stop/tail, tum and revers• lights . 11 . Body shall have extruded aluminum o.12s· x 1.5• x 3• I-beam side and rear wall stiffeners to be on 24" canters . I-beam shall have a canter web located 1.s• from body skin with a 1.125" slot, 4" from top of stiffener and 10• long to run 120 VAC conduit around perimeter of tNck. Stiffener shall have another slot r long starting 55• from the top . 12 . Body shall have o .12s• strain-hardened aluminum alloy side panels buck-riveted to side wall stiffeners for superior strength and durability. EnglliwaOd Co. MCC30LGS290.D0C 5 04/23'01 • P. 07 ) I· 0 • • -. • .. • - ... APR-30-2001 MON 04:14 PM ENGLEWOOD S S FAX NO. 3037622406 BODY IPEClFICATlQNS (cont,); 13. Body shall have a one piece 0.040• alumjnum roof with extruded aluminum 1 .5• I-beam roof bows on 24" centers . 14. Body shall have additional roof bows In the last six feet of the truck so that the supports are spaced at 12· on center. 15 . Body shall have a lift up fiberglass hood with quartz halogen headlamps and tum signal Indicators. Hood shall have gas charged lift/support cylinders. 16. Body shall have a 3/16" x 10• high x full width painted steel front bumper to match lower body color. 17. Body shall have a full body width 12· deep heavy duty aluminum rear bumper with grip-strut center step and side kidneys painted to match lower body color. Rear bumper shall be raised to meet NFPA 8° departure angle. 18. Body shall have rear mud flaps with anti-sail brackets. 19. Body shall have Integral cab air conditioning and heating system on AJC prep chassis with dash controls. 20. Body shall have Ve/vac model 712572 (or current model) heated remote control rear vitw mirrors with dash controls. Mirrors have upper and lower aius In Nch. Upper glass is 62 sq. in. of flat glass and tower glass is 30 sq. In. of convex glass. 21. Body shall have tinted safety plate glass windshield with drivers and passenger's sun visors. 22 . Body shall have a high back Seats Inc. Magnum 200 mechanical aus,,.nsion black Tuff Tex cloth driver's bucket seat on fixed pedestal. with arm rests. lumbar, tilt back and 3-point seat belt. 23. Seatl Inc. black Tuff Tex cloth pa&&enger's jump seat with seat belt. 24. Body shall have two-speed windshield wiper/washer with single heavy-duty windshield wiper motor . 25. Body shall have the entire underside of the apparatus undercoated. 26. Body shall have an engine box cover with acoustical and thermal Insulation to prevent air and noise leaks, and provides easy engine accesa. 27. Body aha II have extruded aluminum floor with intertocklng planks to eliminates air and water leaks and grooved rear sill with drain holes to keep cargo dry. 28. Body ahall have rear frame mounted tow eye• extending past rear of body . l!ngllWODd Co. MCC30LGS29().D0C 8 •· P. 08 I· 0 • • • • - APR-30-2001 MON 04:14 PM ENGLEWOOD s S FAX NO. 30376224 06 P. 09 • IOPY SPECIFICATIONS (cont.): 29. Body shall have rear fender flares . 30 . Body shall have custom front wheel cutouts for 10R22.5 tires . 31. Body skirt shall be extended to 18" measured from the bottom of the floor line to the bottom of the skirt full length front to back including under driver and passenger side doors. 32. Body shall have a black •Epoxy" coated dash with screw fasteners in place of welded dash for service . 33. Relocate rear side ICC lights as far rearward as possible. 34. Body shall have an electronic back-up alarm. Install defeat switch on dash for back-up alarm. 35. Body has a standard structural warranty of 5 years or 50,000 miles; and standard component warranty of 12 months or 12,000 miles. 36. Body shall be painted The final finishing of this vehicle shall be to commercial truck standards. The vehicle shall be fully sanded on all exterior surfaces with no more than 150 grit to assure removal of Imperfections In metal surface. All sheet metal shall be chemically cleaned and metal etched with acid type cleaners and spray. 37. Body base color to be Sikken, GMA 79 code 12 white. DBIYEBfPASIENGER CAB ARE.A: 1. 2 . 3. 4. 5. 6. 7. Cab subcelllng to be%" plywood, APA-NRB-108FHA-UM-66. Cover subceillng with Vfflok Oxford light grey 17 oz. ribbed loop pile fabric. Driver and paHenger doors are to have V.." plywood subwall, APA· NRB-108FHA-UM-66 . Cover doors with padded 36 oz. vinyl . (color -to be determined). Install 10" high 0 .100" bright aluminum treadplate kick plate at bottom of doors. Install heavy-duty rubber grab handles on each door. Install work area on passenger side to be constructed of%" plywood covered by Royal Scot 28 oz. carpet, (color -to be determined) . Install %• plywood shelf on driver'• side covered with same carpet as shown on drawing. Install ,:.• plywood panels above driver and panengar doors covered with Royal Scot carpet. Trim work area with 3• high black PVC molding. EnglNOOCI Co. MCC30LGS290.DOC 7 • 0 I . 0 • • -... APR-30-2001 MON 04:15 PM ENGLEWOOD S s FAX NO. 3037622406 P. 10 DRIVER/PASSENGER CAB AREA (conL): 8 . Install one ( 1) 20 amp 120 VAC specification grade duplex outlet. one (1) 15 amp 12 voe power outlet and RJ-45 jack with stainless steel covers in right comer of work area. 9 . Install pull out drawer with flip up work surface centered between driver and passenger. Drawer to have chrome plated locking latch, drawer frame and face to be covered with black laminate. 10 . Install one (1) Federal Signet L/ttllte 18" gooseneck mini high- Intensity work light near drawer. 11. Control panels for 120VAC / 12VDC systems and battery disconnects are to be located in the overhead console . The face of the console is to be constructed of %• plywood and finished with black laminate . The bottom of the console to be constructed of %" plywood and covered with Royal Scot 26 oz. carpet to match front shelf. Install carpeted box under console to hide the windshield wiper motor . 12 . Install one (1) (red or blue)/whlte dome light under overhead console. 13. Install two (2) e· front windshield fans . 14. Install one (1) Custom Radio Corporation model TRR-4000-NA04 (or current model) WeatherSand Cassette with one ( 1 ) pair Pioneer TSA6959 6"x9" three-way 160 watt speakers In drivers area. 15. Install sign on dash with vehicle height listed . 16. Install one (1) Clarion #CC850E (or current model) closed circuit camera and Clarion #CK8548 (or current model) monitor to view the area to the rear of the vehlde. 17 . Cab floor to be covered with 5/8" plywood and covered with flooring as specified later In Walls, Ceiling and Floor section . 18. Install black ribbed rubber mat In driver's and passenger's toe plate area . Install black ribbed rubber mat on top of engine box cover. Install black carpeted panels over the side& of the engine box cover and the driver and passenger aide exterior wall under dash area with •• Insulation . 19. All exposed aluminum surfaces In dash area shall be sprayed with black enamel . 20 . Vehicle shall have a Flnal stage Vehicle Certification and Altered Vehicle Certification as requir9d by Federal Motor Vehicle Safety • Standards FMVSS 49 CFR Part 567.5 and 567.7 21. Install a payload sticker In cab area with vehicle axle loads and I available axle payload as built. • 0 EnglNOOd Co . MCC3QLGS2t0.D0C 8 04/23/01 -. • • • • - APR-30-2001 MON 04:1 5 PM ENGLEWOOD s s FAX NO. 3037622406 -- BLACK.OUT CURTAINS; 1. Provide black-out curtains for all cab area windows : a.) Black out curtains to be custom flt to cab windows . b.) Curtains to be made of woven fabric made of 100% SEF/FR® self-extinguishing fibers. These are modacrytlc solution dyed fibers with a fluorocarbon finish. c .) Weight Is approximately 9.25 oz . per square yard. d.) Material to be solution dyed and guaranteed not fade, mildew or rot for 5 years . e.) Seams are to be double stitch/single fold with 1" sewn in hook and loop or nickel plated fasteners . f.) Fabric shall meet FMVSS 571.302 requirements for use In the cab air space . WALLS, CEILING MP FLOOR: 1. Insulate walls and celling with a minimum of 2~· of fiberglass . 2. Cover interior body sldepolta with¥.· plywood subwall, #APA-NRB- 108FHA-UM-66. 3 . Cover subwall with Kemlite .076" fiberglass reinforced plastic (FRP) lining. Wall covering Is to be a continuous piece front to back, no seams acceptable. 4. Cover interior roof support& with )h• plywood. #APA-NRB-108FHA- UM-66. 5 . Cover celling with Veelok light grey 17 oz. ribbed loop pile fabric. 6 . All bulkheads to be covered with Kemllte .oso• FRP. 7. Install four (4) Flbergla11 Reinforced Plastic (FRP) covered plywood bulkhead with 30" FRP/dry erase covered pocket door to separate sections as ahown. Upper half of pocket to have magnetic dry erase material on the communication& side and conference room side of the pocket door&. 8. Install 5/8· exterior grede tongue-n-groove plywood underlayment for floor, #APA-NRS-10SFHA-UM-66. 9. Floor to be covered with Lonaeel Loncoln II FIKkstone non-skid commercial grade PVC flooring . The flooring is to be continuous piece front to back. (color -to be determined). l!liglNOOCI Co. MCC30LGS2IO.DOC 9 • P. 11 ) I • 0 • • -. • • - APR-30-200 1 MON 04:J S PM ENGLEWOOD S S FAX NO. 3037622406 WALLS. CEILING AND FLOOR (cont.): 1 O. Cover load space entry doors with Y.r" exterior grade plywood and Kemlite .075" FRP. Door to have 10• high 0.100· bright aluminum tread plate kick plate at bottom. 11 . Install toe-kick (mop board) protection where possible in areas where floor meets walls . 12. Install one (1) 36• x 24• deep-tint horiZOntal sliding egress wlndow(s) with mini-blinds located per blue prints. GALLEY AND LAVATORY: 1. Install one (1) Samsung model MW4390W (or current model) 700 watt microwave oven . 2. Install one (1) Black & Decker model OOC300/0916 (or current model) undercabinet coffee maker . 3. Install one (1) Norcold model OE451 (or current model) 12VDC/120VAC UM cu. ft . refrigerator . 4 . Install one (1) 10· x 14• stainless steel galley sink with chrome plated laboratory style sink hardware. 5 . Install fresh water/waste tank level monitor in galley a...a . 6 . Install one (1) GFCI duplex wall outlet and stainless steel cover In galley area . 7. Install one (1) Penna-Flush model F28011 (or current model) low- profile toilet In lavatory. 8. Install one (1) 10· round stalnlell!I steel lavatory sink with chrome plated sink hardware. 9 . Install a chrome plated paper towel holder and a chrome plated tollet paper holder in lavatory. 10. Install one (1) GFCI duplex wall outlet and atalnleH steel cover in lavatory area. 11. Install one (1) Par model #36950-2000 (or current model), 3 GPM water pump with accumulator tank . 12 . Install one (1) 2% gallon fast recovery hot water heater. 13. Install one (1) 30 gallon fresh water supply and a 35 gallon waste tank . 14. All plumbing pressure pipes shall be CPVC . E~ Co. MCC30LGS260 .00C 10 P. 12 I . 0 e r j • • • - APR-30-2001 MON 04 :15 PM ENGLEWOOD S s FAX NO . 3037622406 . --- GALLEY AND LAVATORY fconL); 15. Underbody fresh water and grey water tanks are to be heated and all plumbing insulated and wrapped with heat tape . 16. Sewage hose and dump valve shall be provided for holding tank. 17 . Install a regulated city water fill so that system can be pressurized using city water when available. 18 . Install winterizing valve mounted In line on the Input side of the water pump. Valve allows antifreeze to be pumped throughout the system to winterize plumbing prior to freezing temperatures. 19. Install one (1) Oasis #SISRK water cooler with cold and room temp water outlets. Install removable shelf above water bottle location to hold bottle securely to water cooler during transit . SEATING; 1. Install six (6) United Ergonomic Uni-chairs model NSX-11 (or current model) with high backs. armrests. ftv. caster spider base and adjustable height (color -to be determined). 2. Install bench seating as shown In drawings . 3. Bench seat cushions to be covered in heavy-duty doth with vinyl sides (color -to be determined). 4 . Foam for bench seating must meet the following minimum requirements: a.) Seat bottoms to have a minimum density rating of 26. b.) Seat bottoms to have a minimum compression rating of 65 . c.) support factor to be 2.2 . d.) Tapered front top angle to be a2·. e.) Seat backs are to have a minimum density rating of 28. f.) Seat backs are to have a minimum compre&aion rating of 50. g.) Tapered rear bottom angle to be sa•. 5. All bench seating material must meet Federal Motor Vehicle Safety Standards part 571 .302 Flammability of interior materials. 6 . Bench seat constNction must meet the following minimum requirements : a.) Seam stitching to be done with 8 oz. bonded nylon thread . Englewood Co. MCC3C)LGS290.D0C 11 P. 13 ) I . 0 - • • -. • • - APR-30-2001 MON 04 :16 PM ENGLEWOOD S S FA X NO. 3037622406 SEATING (cont.}: 6. Continued : b.) Material corners to be squared or angled to fit precise cut of foam . c .) Foam Is to be bonded to%" plywood backer with industrial grade elastomer adhesive. d.) Bottom and sides are to be completely sanded. e .) Stapling of fabric/vinyl to backer with industrial grade upholstery staples. f.) No more than a Ya" space is acceptable between staples around the entire perimeter. 7 . All fabric shall have stain resistant coating applied. CABINETS;, 1. Fabricate and install Interior storage cabinets, counters, shelves. tables and work stations as shown in drawings . 2. All cabinets fronts to be constructed of %" solid oak. stained and finished with three coats of catalyzed lacquer. 3. All exposed cabinet sides are to be ¥," oak laminated plywood, stained and finished with three coats of catalyzed lacquer. 4 . All cabinet interiors to be constructed of %" exterior grade poplar plywood, stained and finished with three coats of catalyzed lacquer. 6 . All cabinets are to be glued and screwed. 6. No exposed fasteners are acceptable on oak cabinet exteriors . All screws are to be countersunk and plugged with solid oak plugs . 7. Shelves to be constructed of %" exterior grade poplar plywood with no voids on sides and have 2• extruded aluminum front lip. P. 14 8 . All shelvlng to be adjustable on Ya" increments using zinc plated track and hardware. 9 . All overhead cabinet doors in the communications area are to have dry erase board doors (per drawings). Latches are to be fully concealed . 10. All other cabinet doors and drawer fronts are to be oak laminated medium density fiberboard and have chrome plated fixed handles and thumb locks. E~ Co , MCC3Q1..GS260 .00C 12 04/23/01 I . 0 • • • • • - APR-30-2001 MON 04:16 PM ENGLEWOOD S S FAX NO. 3037622406 -·· ----- CABl"EJS (cont.): 11. All horizontally hinged overhead cabinet doors will be held open with gas charged lift/support cylinders. · 12. All drawers are to use heavy-duty, ball bearing, double-action drawer slides. 13. Install Pendaflex hanging file racks in all deep file drawers. 14. Countertops are to be covered in .040" Wilsonart laminate (color -to be determined)). All exposed edges are to be %" x 1 Y.t solid oak with beveled top edge to prevent chipping. 15. All areas where countertops. cabinets, bulkheads and walls meet are to be sealed with white silicone caulk. No exceptions. 16. Install pencil drawers under countertops at work stations as Indicated in drawings. 17. Install combination white dry erase boards with pin board top strip framed In solid oak as shown in drawing. (7 total) 18. Install panels under countertops are to be removable to access transceivers where ever applicable. 19. Install a vertical map storage rack with a slide out flat map clamp in the upper half and horizontal PVC tubes In the lower half for rolled map storage . HYAC IYIJ!M; 1. Install three (3) 12,000 BTU/h Suburban model NT-12SE (or current model) direct discharge 12VDC/propane furnace with Individual thermostat control. leak detector, automatic shut off, single 23.4 gallon DOT approved propane tank and dash mounted fuel gauge. 2. Four (4) Coleman 13,500 BTU air conditioners, with 5,800 BTU heat strip and condensation drip tray. 3. One (1) reversible 12" power roof ventilators, Fan-tastic Vent Model 4000R located In lavatory. 4. Install one (1) Sroan 1,500 watt electric wall mount heater In lavatory area II shown on drawing . EngiNOOd Co . MCC30l.GS290.DOC 13 • P. 15 I· 0 • • - APR-30-2001 M~N 04 :_16 PM ENGL~_WOOD S S FAX NO. 30 37 622406 P. 16 120/2AOVAC ELECTRICAL SYSTEM: 1. Install one (1) Kohler 15 KW 120/240VAC liquid-cooled diesel generator. The generator is to be mounted in a custom fabricated compartment. The compartment shall be insulated and sound attenuated . 2 . Generator compartment is to be lined with lead and then Insulated with 1• foll covered ceramic fiber blanket. Ceramic fiber material Is to have a maximum temperature rating of 2,300", a melting point of 3,000", and a continuous use llmlt of 1,800". Density rating not to be less than 6-16 PCF. Materials are to be glued and screwed in place . 3. Compartment is to be constructed to the following specifications : a.) Compartment Is to be constructed from .1a1· aluminum and is to have all welded seams . b .) Compartment is to have .125" aluminum. 2· box pan doors and .125• aluminum frames. c .) Door frames are to be riveted to the body and welded to the compartments . d .) Doors are to have stainless steel hinges and hinges are to be attached to the doors and door frames with stainless machine screws only. e.) Doors are to have slam lock latches and stainless rotary D-Rlng handle. f .) Doors are to have .100• polished aluminum diamond plate on interior surface&. g.) Doors are to be held open in a 90" position with gas charged lift/support cylinders. h.) l oors to b8 sealed with industrial grade neoprene gasket. I.) Compartment is to have Internal lighting when door is open. • 4 . Install one (1) Marinco 50A-125/250VAC waterproof shore power Inlet, one (1) 50' 50 amp ahore power cord and 6' 50A pigtail. 5 . Install one (1) Kuasmau/ Auto Eject 20, 20 amp shore power Inlet with 25' 20 amp/120VAC shore power cord . 6. Install one (1) 60 amp 120/240VAC control panel with generator and shore power main breaker. eleven (11) UL listed magnetic/hydraulic • branch circuit breakers with amber LED indicators to show activation , digital voltmeter. digital frequency meter, digital ammeter, generator I stop/start switch, generator hourmeter, shore power reverse polarity Indicator and rotary transfer switch. • 0 7. Install whole vehicle surge suppression system . 04/23/01 El~ Co. MCC30LGS280.DOC 14 • • • -. • !' .. • -' APR-3~-2001 MON 04:H _~M ENGLEWOOD s s FAX NO. 30 37622406 12Qf24QYAC ELECTRICAL SYSTEM (cont,>: 8. To provide supplemental direct ground protection of the apparatus 120 volt electrical system, an auxiliary grounding system shall be provided (for use when a satisfactory ground ii available). a.) The ground system shall consist of a 24" steel grounding stake with approximately 25' of THHN #6 gauge stranded copper cable. b.) A small tube shall be Installed for slide in storage of the ground stake and clip• shall be Installed for wind-up storage of the grounding cable . 9. Install 120VAC auxiliary control panels as needed with UL listed magnetic/hydraulic circuit breakers as required with amber LED Indicators to show activation. 10. Install ten (10) specification grade 20A-125VAC duplex receptacle& with stainless steel wall plates as shown In drawing that are not dedicated to equipment. 11. Install four (4) specification grade 20A-125VAC exterior GFI duplex receptacles with weatherproof PVC covers. These receptacles will be wired In pairs, front and rear. to two (2) independent 20A circuit breakers located in the 120VAC electrical load distribution center. 12 . Install two (2) Ham Shield• model 1125, 500 watt Alpha 2000 quartz halogen lights mounted on Kwik-Raze telescoping poles. 13. Provide four (4) spare clrculta breakers with wire run in conduit to customer specified location1. 14. All 120/240VAC main wiring i1 to be stranded THHN wire and run in non-metallic Carlon Carftex liquid tight conduit. 15. All 120/240VAC branch circuit wiring Is to be stranded THHN wire (AWG 12 minimum) and run in non-metallic Carlon Carflex liquid tight and Carton Flex-Plus blue ENT conduit. 16. All electrical circuits and appliances shall conform to applicable national electrtcal codes. Englewood CO. MCC30LGS290.DOC 15 • 0 P. 17 I· 0 • • • • - APR-_30-2001 MON 04: 17 _ PM E~GLEWOOD S s FAX NO . 303 762 2406 12yoc ELECTRICAL svsTEM..i. 1. Install six (6) Trojan T125 deep-cycle batteries. Batteries shall be installed underbody In slide out weather resistant powder coated steel compartment. with all aluminum box pan door and stainless steel paddle latches . Tray releases to be twin galvanized barrel bolts with hand grips. Door to have gas charged lift/support cylinder(&) to hold door open. Four (4) batteries will be separated for auxiliary equipment (4.4 hours of capacity O 75 amp discharge rate) and two (2) batteries will be for communications equipment (2 .2 hours of capacity @ 75 amp discharge rate). Battery data is assuming a usable voltage from 13.6 to 10.5 volts . 2. Install two (2) commercial duty fan cooled power converters . , 10 amp minimum each with the following features : a.) Shottke diodes for tow power dissipation . b .) Diodes mounted for field replacement on a fan cooled aluminum heat sink. c.) Manual reset circuit breaker. d.) Terminal block for easy. secure electrical connections. e.) 12.6 sq. in. exterior chrome exhaust vent. 3. Install one (1) Sure Power 2403 and one (1) 3203 Isolators to allow both alternator and power converters to charge the main and auxiliary batteries . The 2403 shall have the alternator connected to the input with each output going to a battery bank. The 3203 shall have a power converter on each input and the output shall be In parallel with P. 18 the 2403. 4. Install one (1) Statpower Technologies Corp . TNecharge 40 Amp multi-stage battery charger 110VAC 60 Hz to charge main. auxiliary and communications battery banks . 5. Install two (2) Cole Hersee M284 master disconnect switches . One (1) to control the main battery system. One (1) switch to control the auxiliary battery system. 6. Install one (1) 12VDC control panel with seven (7) UL listed magnetic/hydraulic circuit breakers with red LED indicators to show activation. 12V digital voltmeter. and 12V low voltage alarm . 7 . Install 12voc auxiliary panels as needed with UL listed magnetic/hydraulic circuit breakers a, required . 8. Install one (1) 12VDC auxiliary digital voltmeter to monitor the communications battery system . 9. Install eighteen (18) Thin -Lite Modal 116 1e• white fluorescent light fixtures on ceiling . ()4123/01 ~ CO . MCC30LGS280 .DOC ,e • I . • • -. • • -' APR-30-2001 MON 04:17 PM ENGLEWOOD S s FAX NO. 3037622406 12 yoc ELECTRICAL SYSJE! (cont.): 10. Install eight (8) Thin-Ute Model 116 19• (red/blue) fluorescent light fixtures on ceiling. · 11. Install nine (9) Thin-Lite model 190 1 a~ (red or blue )/white fluorescent lights looated under cabinets. 12. Install one (1) Thin-Ute Model 190 1a• (red or blue)/white fluorescent light fixture in lavatory. 13. Install sixteen (16) 15 amp 12 volt power outlets mounted in stainless steel wall plates as shown on drawing. At cell phone prewire locations 12 volt outlet shall be in same wall plate as cell antenna jack. 14. Install eight (8) Whelen 810 seriea white quartz halogen scene lights with 8-32" optics on exterior of van body, model number 810CAOZR. Three (3) mounted on each side and two (2) mounted on the rear of the truck. 15. Install one (1) Whelen 2Sl5HFSA1 siren with one (1) Federal Signal TS-100 100 watt speaker behind grill . 16. Install thrN (3) Franlclln ln.truments #FD254-IOO-OP4 (or current model) clockl with 2.5. l.ED display and 12 hour or 24 hour modes. 17. Six (6) WPtMn 508 Hries #580CAAZR white quartz halogen scene lighb wtth 8-32° optics mounted low on axterior of van body to light up the ground. Three (3) mounted on uch side . 18. Provide six (6) spare circuits with wiring run to customer specified locations. HALOGEN LIGHTING PACKAGE; ZONE A (FRONT) 1. Install one (1) Code 3 model 566A2 (or current model) halogen llght bar with colored domes. 2. Install two (2) Whelen 508 aeries dual halogen grtll lights. model number 580CAA •R . EngleWOOd Co. MCC30LG82tl0.00C 17 04/23l01 • P. 19 ) I . 0 ] • • -. • ,, ... . , • -.. A_PR-30-2001 MON __ 04 : 17 PM ENGLEWOOD S S FAX NO. 3037622406 ZONE B (CURB SIDE) 1. Install two (2) Whelen 810 series dual halog~n lights. one mounted in the upper rear comer and one mounted above the passenger's door. model number 810CAA·R. 2. Install three (3) 508 series dual halogen lights mounted below the rub rail on the curb side of the vehicle, model number 580CAA·R. One mounted at the lower rear comer, one mid body and one mounted on the side of the front hood . ZONE C (REAR): 1. Install two (2) Whelen 810 series dual halogen lights on rear of van body with amber lenaes. model number 810CAA·R. Lights to be mounted In the upper rear comers . 2 . Install two (2) Whelen 810 aerie• Halogen lights on rear of van body mounted below the rub rail, model number 810CAA·U. One mounted on each side ofvan. ZONE D (STREET SIDE): 1. Install two (2) Whelen 810 Hriea dual halogen lights, one mounted in the upper rear comer and one mounted above the driver's door. model number 810CM·R. 2. Install three (3) 508 halogen lights mounted below the rub rail on the curb side of the vehicle, model number 580CAA·R. One mounted at the lower rear comer. one mid body and one mounted on the side of the front hood . POWER SUPPLIES AND FLASHER FOR LIGHTS: 2 . Install two (2) Whelen AF6012 (or current model) flasher for all halogen lights . •Note: Lens colors -to be determined: • R•red, A•Amber. B•Btue Engi.wood Co. MCC30LGS290.D0C 18 • . • I P. 20 I . 0 • • • • ... e - APR-30~20~) M0~_04 :J B PM ENGLEWOOD S S FAX NO. 30 37622406 12ypc WIRING RECUIREMENTS;, 1. 2 gauge copper stranded battery cable to be used for 12VDC main supply lines. All cable runs to be full length, no splices _ All cable terminals are to be staked and soldered . All cable Is to be enclosed In convoluted polyethylene tubing and the ends of the cable sealed with color coded shrink wrap identifying the function of the cable. 2. All added electrical circuits shall be protected from overcurrent by resettable circuit breakers appropriately rated for the load. Only circuit breakers shall be used in the installation of added electrical wiring (plug type fuses are unacceptable). 3 . Circuit breaker functions are to be identified by engraved or printed labels. 4 . All added wiring for load runs shall be AWG 8, 10. 12. 14 and 18 and must conform to MIL-W-16878F. 5. Wire terminals for added circuits must conform to MIL-T-7928. Terminals are to be Insulated, insulation grip, TYPE II. CLASS 2 and are to be crimped with tooling recommended by the terminal manufacturer. 6 . All wiring shall be numbered or lettered on 5• centers minimum . 7. All wiring is to be protected from chafing and abrasion with convoluted polyethylene tubing . 8. Where wire passes through sheet metal, bulkheads and structural supports plastic grommets shall be used to protect both wiring and wire looms. 9. All wiring to be supported on 12• centers. 10 . All wire bundles shall be tied with trimmed nylon ties on &· centers minimum. 11. The complete 12VOC wiring system and electrical appliances shall be to modem automotive standards through out the installation . 12. Extreme care shall be exercised to provide for easy serviceabillty of the system in future years. 13 . Extreme care must be taken In the installation to avoid the engine manifold, •nglne exhaust, and muffler which could expose the wiring to Hvere overheating during long periods of operation. Proper inaulatlon and heat deflection panels must be installed in such areas . 14. A high-current 12VDC tystem wiring schematic shall be provided . 15. Thete are the minimum acceptable 12VDC wiring requirements . No exceptions. Engl9WOOd Co. MCC30LGS29CJ,DOC 19 04/23/01 • P. 21 ) I· 0 • . l • -. • • - APR=~0-2~~1 MO_N 04: I~. P~. ENG_L.EWOOD S S FAX NO. 3037622406 AUDIONIDEO: 1. Install two (2) Panasonic CT1387VY (or current model) industrial grade 13" color TV/monitor in communications section and one (1) PanHonlc CT2087 (or current model) industrial grade 20• color TV/monitor in conference area. Forward TVs shall operate off the same video switches and VCR. 2 . Fumish end install two (2) Panasonic AG1330 (or current model) lndustriel grade VHS-VCR's . 3. Install cable TV inlet with outlets loceted at each TVNCR location as shown on drawing. 4. Install Winegard Sensar RV-3090 amplified TV antenna with outlets located at TVNCR locations as shown on drawing. 5. Install three (3) AJB switches to switch between antenna/cable inputs, one ( 1 ) at each TV location. 6. Install two (2) extertor video camera input Jacks wired to each TV location. One video input Jack located in each exterior phone box . 7. Install three (3) Pe/co VS-5004 video switches. One ( 1) rack mounted at each TV location to switch between each camera input. 8. All video cable shall be Belden RG-59/U Precision video cable #1505A with a 20 AWG solid copper center conductor and a Duofoll® +96% tinned copper braid shields. Cable has a nominal attenuation of 7 .8 dB/100 ft at 1,000 MHz. 9 . Furnish and install one (1) Panasonic CT1387VY (or current model) industrial grade 13" color TV/monitor viewable from exterior. Install a custom 0.125• aluminum door with 0-ring latch with key lock and wnther seal. TV shall be mounted on a slide out custom aluminum tray with aluminum swivel base. Install A/B switch and video switch In same location below TV in aluminum slide out tray. 10 . Install one (1) Everfocua color camera and Louro• #ASK4 (or current model) eudio surveillance kit in the conference room area run to the third Input of the exterior TV and looped to the front TV location with the TV RF output run to the VCR to record the audio/video . MAST MOUNTED VIDEO,;. 1. Install one (1) Will-Burt model TMC.6-25-368 25' heavy duty non- locking exterior telescoping pneumatic mast with the following: a.) 2-gal., Y.a-hp, Thomas unra Air-Pac tank and compressor. b.) Air line filter. lubricator and regulator. EngleWOOd Co . MCC30LGS290,DOC 20 04'23/01 • P. 22 I· 0 - • • • • - AP~~30-2001 MON 04:J ~ PM ENGLEWOOD S S FA X NO . 3037622406 MAST MOUNTED VIDEO (cont.): 1. Continued : c.) Control valve and electric dump valve. d.) WIii-Burt magnetic mast extension waming kit with warning light at mast control location and at drivers location. e.) 40' of%• Nycoll for 25' mast to run cable to the top of the mast. f.) Will-Burt 902526 external mount shelf bracket and 902545 external mount support bracket. 2. Install one (1) Pe/co PT57024P (or current model) medium-duty pan & tilt. One (1) Pe/co MPTAZ240T (or current model) combination pan, tilt, zoom controller With rack mount kit. Install one (1) T24130 (or current model) XFMR 24VAC 100 VA transformer. 3 . Install one (1) Pe/co lmagePak™ with the following components: one (1) CC1300H2 (or current model) 1/3" CCO high resolution 470 TVL digital color video camera requiring a minimum object illumination of 1.5 lux/F1.4 with a Pe/co 13ZD6X15 (or current model) 1/3" CCO 15X 6-90mm high resolution motorized zoom lens with auto iris . One (1) Petco EH47182 (or current model) outdoor camera enclosure with heater and blower. RADIOI: 1. Install twelve (12) department provided radios and antennas . Prewire and make Installation provisions for six (6) additional radios. This Includes installing Motorola NMO style base on the roof with LMR195 antenna cable run In Carlon Carflex ENT conduit to the desired location . 2. 12vdc power leads for communications radios to be 2 gauge copper stranded wire with soldered crimp on end connectors. Cables to be enclosed in convoluted tubing and function identified with colored shrink wrap. Power to radios to be controlled by a continuous duty solenoid actuated by the auxiliary master disconnect switch . 3. Install two (2) customer supplied MDT'&. Locations to be determined . 4 . Install two (2) customer supplied ZETRON model 4010 radio dispatch consoles . Locations to be determined . 5 . The department shall supply radios with p0wer levels that are compliant with FCC document OET bulletin 65. EnglNoOd Co . MCC30LGS2e0 .00C 21 • P. 23 I· -- • • ' -. • • - APR-30-20~ MON ~4:1 9 PM ENG LEW OOD S S FAX NO . 303 7622406 TELEPHONE SYSTEM; 1. Install one (1) hardwired land line phone system with provisions to connect to six (6) C .O. telephone lines (3 land lines and 3 cellular lines) accessible from eleven (11) stations; one (1) phone to be installed at each workstation (6 total), two (2) phones to be Installed In the conference area. one (1) phone to be Installed In driver's area, and two (2) phones to be installed externally In exterior cast aluminum weather proof boxes with key locks . Telephone system is to include the following hardware : a.) One (1) cast aluminum exterior weatherproof box with key lock for three (3) land line inputs for the telephone system and one ( 1) to negotiations area. b .) One (1) Panasonic KX-TA624 (or current model) electronic modular switching system . Base system ha& 3 C.O . lines and 8 extensions . c .) One (1) Panaaonic KX-TA62477 (or current model) expansion card . Adds 3 C.O. lines and 8 extensions . d .) One (1) Pana,onic KX-TA62491(or current model) Direct Inward System Access (DISA)lfax detection card. If a fax call is received (and a CNG tone is detected) during the outgoing message , the call will automatically be routed to the designated fax extension, eliminating the need tor a dedicated land line and cell line . This card will also allow you to call in and dial an extension directly. e.) One (1) Panasonic KX-T7030B (or current model) programming telephone with intercom and P/A features. f.) Ten (10) Panasonic KX-T7050 (or current model) telephones with intercom and PIA features. g.) Two (2) cast aluminum exterior weatherproof phone boxes with key locks . h.) Install three (3) Telular Phonecell SX4e 's (or current model) Interfaced Into the phone system . I.) Install a telephone extension line run to OSS receiver locations and alann system when Installed on truck. 2. Install one (1) Panasonic KX-FP80 (or current model) plain paper fax/copier machine mountad on slide out tray as shown on drawing. 3. Provide dedicated land line to terminate In negotiations area. 4. All telephone lines and cellular antenna cable are to be Installed in ENT conduit. En~ Co . MCC30I.OS260 .00C 22 04/23/01 • P. 24 I· • • • • • -... AP R-30-20~1 MON 04 :19 PM ENGLEWOOD S S FAX NO. 303762 240 6 TELEPHONE SYSTEM (cont.l;, 5. Prewlre and make lnatallatlon provisions for three (3) cell phones. This Includes Installing Motorola NMO style base on the roof with 800 MHz antenna. LMR195 cable run in Carton Carflex ENT conduit to the desired location and terminated in a stainless steel wall plate with BNC jack. Install 12 VDC power outlet at cell prewlre location in the same stalnle&& steel wall plate. COMPUTERS; 1. Install a 10BaseT CAT5 computer network to Include the following: a.) Install one (1) RJ-45 jack in stainless steel wall plate at each workstation (six (6) total), two (2) in conference area, one on front shelf and one (1) at printer location. b.) Install one (1) Black So,t JPM110A -R2 (or current model) 16- Port rack mount patch panel, 568B CAT 5, 110 Punchdown panel in the communications cloaet to terminate all the CAT5 wire . c.) Install one (1) Intel Express 410T (or current model) standalone 16 port dual speed 10/100 switch with rack mount kit. 2. Install one (1) HP model 4050N (or current model) LaserJet printer as shown on drawing. Prtnter has a 10BaseT network card . *!!911:An independent computer consultant will certify the wiring and network . CUSTOM EXTERIOR STORAGE COMPARTMENT; 1. Install one (1) approximate 15• high x 111• long x 25• deep compartment constructed from .125• aluminum with all welded seams. Compartment shall be located on driver's side behind drivers door location . 2. Install one (1) approximate 15• high x 42• long x 25" dMP compartment constructed from .125• aluminum with all welded seams. Compartment shall be located on curbside behind rear axle. !llglHODd CO. MCC30LG8290.DQC 23 • P. 25 I . 0 ...... • • • • - AP~-30-2001 ~ON 04 :19 P~ ENGLEWOOD S S FAX NO . 30 37 622406 CUSTOM EXTERIOR STORAGE COMPARTMENT (cont.l:. 3 . All compartment(&) are to have sweep out type bottoms with 1/2" drain holes. · 4 . All compartment(s) are to have .125" aluminum. 2" box pan doors and .125• aluminum frames . 5. Door frames are to be nveted to the bOdy and welded to the compartments . 6. All doors are to have stainless steel hinges and hinges are to be attached to the doors and door frames with stainless machine screws only . 7 . All doors are to have slam lock latches and stainless rotary 0-Ring handle with 545 keys . 8. All doors are to have .100• bright, polished aluminum diamond plate on Interior surfaces. 9. All horizontally hinged doors are to be held open in a 120· position with gas charged lift/support cylinders. 10. All doors to be sealed with industrial grade neoprene gasket. 11 . Inside door panels and hinges to be fastened only with stainless hardware . 12. Compartment(•) shall have a dome light that Illuminates when the door is opened . AWNING: P. 26 1. Install two (2) approximate length 17-23' Zip Dee solid color awning(•) (color to be determined), wtth the following features : a.) 100,. vat-dyed acrylic fabric with a manufacturers five year guarantee against toss of color or strength due to normal exposure, including sunlight, atmospheric chemicals and mildew or rot. b.) Polished aluminum slatted wrap around cover. c.) Center support arm . d.} Plastic rollers on body door comers to prevent awning damage . e .) Interior storage for awing pull rod. 2. Install one (1) full size grey awning to ground enclosure on curbside of vehicle with access at the comer of the awning. EngleWOOd Co , MCC30lGS290,00C 24 • I· 0 • • • • •,, • - A.PR~30-2~01 MO~ 04 : J PM ENGLEWOOD S S FAX NO. 3037 622 406 ROOI' ACCESS; 1. Install one (1) custom 15" wide roof access ladder on the rear of the apparatus . It will be constructed using 1· dis. X .083" brush finished tubular aluminum rails and aluminum grip strut rungs. Rungs are to be welded to the rails for maximum strength. 2. Install 17" wide 0 .125" aluminum catwalk from observation rear ladder location to front of truck and around serviceable locations. MISCELLANEOUS : 1. Install one (1) heavy duty Quedrw MFG. Inc. Big Foot,.. QE-2 4-po int fully automatic one-touch tevellng system . System to use 26" two- way straight acting jacks . Individual power units are attached to each individual jack. System shall Include installlng a air ride dump valve wired into system to release the air from the air bags during leveling . 2. Install one ( 1) Optex Vision alarm system. System includes magnetic contacts on all entry doors . exterior storage compartment doors. battery box doors and generator compartment doors; tilt switch on the hood , Dual T.c motion senaors, siren and bell . Alann system to be wired In series with one phone llne ao that If the alann goes off it will seize the Phone line and dial a # if programmed by user. 3. Provide two (2) approximate siZe 38" x 24" removable exterior dry erase boards . Boards 1hall be atored in street side closet of truck when not used on the exterior. 4 . Install two (2) Kidde Pro Line model PR05TCM 3-A : 40-B :C 5 pound dry chemical fire extinguilhers Installed near exits. 5. Install three (3) Find Alert 9 volt combination Carbon Monoxide and Smoke alarms. 6. Provide two (2) complete sets of as built drawings. This includes manufacturing drawing, video schematic drawing. roof antenna layout 12 voe wiring color and numbering code& and main 12 voe schematic . 25 04/23,'01 P. 27 I . 0 • • --. • • - -~R-3g-200IJ1~~ 04:20 PM ENGLEWOOD S S FAX NO. 3037622 406 PRICING PAGE,;, Total commercial price as specified FOB continental U.S. is $304,996.11 GSA 1-unit price as specified (if applicable) Is $299.447.16 based on approval letter . GSA delivery terms are 180 days or less ARO. Note: A GSA purchase order must be accompanied by a letter from your state point of contact stating that you qualify to purchase of the contract for the GSA purchase price to be valid. GSA payment terms: 2% Net 10, 1.5% Net 20. Net 30. GSA 1-unit price as specified (if applicable) and prompt payment of 2,. Net 10 i& $293,458.22 Quote Is good for 30 days from specification date. EnglNOOd Co. MCC3()LGS280.DOC • .. P. 28 I· 0 • • I , .. • • - . .:_ A~~-30-2001 -~~ 04 ~?_O P~ ENGLEWOOD S S FAX NO. 3037622406 COMMERCIAL PRICE OPTIONS BY SECTJON: §SA 1-UNIT PRICE lS 2.5% LESS CHASSIS REQUlREMENTSi $68.00 1. Rubber wheel chocks per set of two (2). $33.20 2. DOT triangle reflector kit with three (3) triangles . $750.00 3. Spare tire and steel wheel to match Inside rear wheels . $971.43 4. Spare tire and Alcoa Aluminum wheel to match outer wheels . Body: $974.00 9b. Install a 12VDC keyl"s entry system Independent of the standard key lock at main curbside entry door location. Curbside entry door locations shall have a weatherproof programmable numeric keypad to operate a 12VDC electric actuated door lock. Door lock shall be normally opened so if power is lost the door can be opened with a key lock. $4,000.00 37. The entire apparatus shall then be painted 2-tone with only Sildcens paint for high gloss and hard finish. Upper color to be GMA 79 code 12 white and lower color to be determined at the Ume of order. $8,875.00 37. Repaint the entire vehicle a solid color with Slkkens or Dupont Jmron 5000 paint. Color to be determined at the time of order. Mast Mounted Video: $5,971.77 1. Upqnd• from 25' mast to one (1) WII/.Burt model TMD· 7 _.2·368 42' heavy duty non-locking exterior telncoplng pneumatic mast with the following In place of 25' mast: S1 ,578.00 3. UAl(ldt to one (1) lk41gami IC0-870-24 1/3" CCO ultra· high performance color video camera requiring a minimum object illumination of 0.1 lux/F1 .4 with a Fujinon 010X8B..S41 1/3" CCO lens . lfllllaWOOd Co . MCC30LGS2ll).D0C 2 • • P. 29 I· 0 - • • • • • - FAX NO. 3037622406 MHt Mounted Video: $1,762.83 4 . Install three (3) customer aupplled antennas on a custom mast antenna bracket. $250.00 5, Install one (1) Whelen green command p0st strobe light beacon on malt antenna bracket. S(-13,338 .00) 1. Qll!(I malt and mast mounted video in base vehicle. .. Mlscellaneous: $1,973.86 7. Install one (1) Panasonic KX-8535 (or current model) 4.5' x 5' electronic dry erase board on rear wall with plain paper built in printer. 3 P. 30 0 I. 0 •• • -• Date May 7, 2001 INITIATED BY • • - COUNCIL COMMUNICATION Agenda Item 11 C iv STAFF SOURCE Subject Miller W eingarten Liquidated Dama ge s Englewood Environmental Foundation, Inc. Rick Kahm , Pr esident COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved a motion on October 4, 1999 auth o riz in g the En glewood Envi ron m ental Fo und ati o n, In c. (EEFI) to conclude nego tiations w ith Miller W ei nga rt en Real ty LLC for a gro und lease . Council approve d Resolut io n No. 5, Se ri es of 2000, suppo rtin g a m o difica tion to th e De elopmen t Agreement. Council appr ov ed th e "Deal Shee t" wi th M ill er Weingart en o n Februar 2:!, 2000 . RECOMMENDED ACTION Staff recomm ends Co un c il suppo rt, bv motion, a ch an ge to th e D eve lo pm ent Agree m ent and to th e Ground Lease . Th ese p ro p o sed chan ge s bett er defi ne the dates requi red fo r M ill er Wei n gart en to complete the "D ev elopers Work". BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The existing Dev el o pment Agreement and Ground Leas e re fe rence the completion o f the "D eve lo p ers Work to dam ages for late completi o n ." Thi s existin g definiti o n does n ot ti e to the o pening of st o res and is somewhat subjecti ve. Sta ff, through o ur Atto rn ey, has nego t iated w ith Miller W eingarten to better define th e com p leti o n dates. Th e pro p o sed change s w ill tie complet io n of th e "D eve lop ers Wo rk " to th e o p en in g of st o res. FINANCIAL IMPACT D am ages fo r late completi o n w ill b e ca lcul ated as detail ed in th e refe rence d doc uments . Miller W eingarten has prev iously deposited $50,000 as a goo d fai th depo sit fo r dama ges . LIST OF ATTACHMENTS Paragraph 4 .C from Dev elopment Agreement Article Ill , paragraph 2 from Gro und Lease Pr o p o sed Letter Agreement drafted by Mike Miller • ) I • 0 • • • 4-. • • • than 25 % shall be commercial and office space and not less than 75 % shall be retail space. B. The architectural design for the Improvements shall comply in all respects with the applicable governmental requirements and Design Standards and Guidelines adopted by the City. C. Subject to Excusable Delay . the construction of 45. 000 net rentable square feet of the Improvements shall be completed no later than eight (8 ) months following the Closing , an additional 30,000 net rentable square feet of the Improvements shall be completed no later ten (10) months following the closing, an additional 75 ,000 net rentable square feet of the Improvements shall be completed no later twenty four (24) months following the closing . and an additional 25,000 net rentable square feet of the Impr ove ment s shall be completed no later thirty six (36) months following the closing . In the event Developer fails to complete the Improvements within the periods of time set forth in this subparagraph, De velo per shall pay to EEF as additional rent the sum of 53 ,000 for each day the completi on date extends beyond the designated dare , subject to Excusable Delay . In rhe e vent a portion of the required Improvements are completed within the required time period , the additional rent shall be prorated . provided, howe ve r. in no event shall the additional rent pa yab le as a result of the delay in complet io n be less than S 1.000 per da y during such dela y. For purpo ses of thi Paragraph, "co mpletion" shall have the meaning as provided in the Gro und Lease . The parties acknowledge that one of the first Build ing s De vel oper int end to construct is the retail building adjacent to the Civic Center on Lot 1. Bl ock 4. whi c h Developer contemplates will be leased in whole or in part to Ball y Total Fitne ss (the .. Bally's Building"). EEF and Developer have previously discussed the possibiliry of including in the Baily's Building sufficient additional space to accommodate a cultural ans user or other uses desired by EEF and reasonably acceptable to Developer . De vel ope r agrees that if EEF desires Developer to include such additional space in the Bail y's Building , Developer will provi de such space at Developer 's cost. If EEF and De veloper enter into a term sheet setting forth the business terms under which Devel oper will deliver additional space to EEF (the "Term Sheet ") on or before August 22. 2000, or if EEF delivers a notice to Developer that it does not desire to have the additional space (the "Decline Notice") on or before August 22 . 2000, then there shall be no change in the eight (8) month period within which the construction of the first 45,000 net rentable square feet must be completed . Otherwise, such eight (8) month period shall be extended by the number of days following the date of this Agreement until the earlier of (i) the date on which EEF and Developer enter into the Term Sheet; (ii) the date on which Developer -4 - • .... I • 0 • • -. • • • ' le conditions imposed on the approval by the Landlord . The requirement herein for by Landlord of any Modification shall be in addition to any approvals or pennits by the City under its Ordinances, rules or regulations then existing. 6. Easements . Landlord and Tenant agree, upon the reasonable request of party to this Lease, the City, or a public utility, to execute documents which are reasonably to create utility casements or other casements required to service the Improvements or omer improvements developed on the Redevelopment Site. 7. Master ECR A@:eancnt. Tenant the shall comply, and shall cause the Jmprovemcnts to comply, at all times during the term of the Lease with the terms and conditions ·ot lbe Master ECR Agreement, as supplemented by the Retail ECR. Tenant shall also use ·cmnmercially reasonable efforts to cause its subtenants to comply , at all times during the term of f1is Lease , with the terms and conditions of the Master ECR Agreement, as supplemented by the :Jte(ail ECR. Tenant shall indemnify and hold Landlord hannless from any claim , liability. ,·obligation, costs and damages, including reasonable attorneys ' fees , resulting from any failure by Tenant or its subtenants to comply with the Master ECR Agreement , as supplemented by the ' letail ECR. ARTICLE III -LEASE TER.\'1 A.'iD COMPLETION OF l)IPROVE'.\IE~1S .:-1. firm. This Lease shall become legally binding on the Effe cti ve Date and ~, Illa!! expire on the last day of the seventy-fifth (75th) Lease Year (the "Term"). For purposes of ~-. lllis Lease, the term "Lease Year" shall mean each twelve (12) month period commencing on the /_ Effective Date . 2. Completion or Improvements. The Improvements shall be Comp leted by · · die Tenant in accordance with the following provisions: . . A . The following Buildings ("Minimum Building Requirements ") shall : lie completed by the following dates ("Completion Date"): : : (i) 45,000 net rentable square feet within eight (8) months . ," l>llowing the Effective Date; provided, however, such period shall be extended in the event the ? .. City elects to delay a decision regarding subtenants for such space as provided in the Development ( Aareement. (ii) An additional 30,000 net rentable square feet within ten (10 ) ·.: months following the Effective Date . •:.~ . -7- I· 0 - • • • '· • • (iii) An additional 75,000 net rentable square feet within twenty (24) months following the Effective Date. (iv) An additional 25,000 net rentable square feet within thirty-six 06) months following the Effective Date. '·~--. :1n die event Tenant fails to complete the Minimum Building Requirement on or before the Completion Date, Tenant shall pay to Landlord, as Additional Rent, the sum of$3,000.00 per day for each day the actual completion date of the Minimum Building Requirement is extended beyond ·• Completion Date. In the event of delay in the Completion Date as a result of Excusable Delay, :die Completion Date shall be extended in accordance with the provisions of Section XVII .10. : i. Jn die event only a portion of the Minimum Building Requirement is completed by the Completion · ·. Date, the Additional Rent shall be prorated provided, however, in no event shall such Additional .:·. lent be less than $1,000 per day . B . Upon commencement of construction of any buildings. Tenant shall Complete such buildings. Tenant shall ensure that construction of such buildings continues, aninterrupted and without delay, in strict compliance with the plans and specifications approved by the City , except in the event of an Excusable Delay . In the evem construction of any building ceases for a period of twenty (20) days for any reason other than an Excusable Delay . Tenant sbal1 be in default of its obligations under this Lease . C. As used herein. the term "Complete" or kCompleted" or •completion~shall mean (i) substantial completion of construction of all of the applicable -Improvements, (ii) delivery by Tenant to Landlord of (A) final lien waivers and /or releases from Tenant's contractor and all subcontractors and materialmen constructing the Improvements. or (B ) Tenant furnishing to Landlord security or title insurance , in form reasonabl y acceptJble to Landlord , adequate to insure against or satisfy any lien c1aim, or the expiration of the time under ·-Colorado law to file a lien and the absence of any such filing. and (iii) issuance by the City of a certificate of occupancy for all of the applicable Improvements to be constructed by Tenant (excluding any tenant improvements). or if the City will not issue such certificate ba sed on the completion of only the work to be performed by the Tenant , then a certificate from an architect reasonably acceptable to Landlord certifying the Improvements to be completed by Tenant have been substantially completed in accordance with the plans and specifications which were approved by the City in connection with its issuance of the building permit. ARTICLE IV -RENT . l. Base Rent . Inunediately upon Landlord's execution of this Lease and as a • ·. COodition to the effectiveness of this Lease, Tenant shall pay to Landlord , in United States ':I·. -8- / I . 0 • • • • - SENT BV: MILLER WEINGARTEN; 3034140673; MAV-2 -01 3 :27PM; PAGE 2 -. ENGLEWOOD ENVUlONM£NTAL FOUNDATION 1000 Englewood Parkway Englewood , CO 80110 April 24. 2001 Weinprtcn!Miller/Englewood Joint Venture c/o Miller Weinpneo Realty, LLC 2 lnvemeu Drive Eut, Suite 200 F.nglcwood, CO 80112 Ann : Mr . iauMl A. Miller ~ Re : Englcwuud CityCenter Dcalr Mr . Miller : This Leaer Agreement will coostituae our agreement to modify the requirementi for Wcingartm'Miller/Englcwood Joint Venwre ("Developer") co complete various improvements required by specified dales as set fonh in paragraph 4 . C of the Developmcn1 Agreement and in Article III, paragraph 2 of the Ground Lease, both Agreements entered iJUo by us on Auguat 4, 2000. "Developer's Work" as used herein shall mean all impmvcments tu be consaucted by Developer (excluding only tenaut improvc:ments not required to oblain a Certificate of Occupancy). Article m. sut,parasraph 2.C of tbe Ground Lease currently provides in lillbclause (iii) dull a requirement for Ccmpledon is either a certificate of occupancy or an an:hiteet 's certificate of substantial completion of Developer ·~ Work. We have alJ'ccd to replace this requirement with lhe following : 1 . Completion of Developer's Work for a specific building ~ball be calculated from the date a "Designated Tenant" Opens For Busine~s (as such term is hcrcinal'ter llefined) as follows: a. In the case of a single tenant building, such tenant shall be the D~ignated Tenant . b. In the CIISC of the building identified OD Exhibit A 81 Building 112 . Baily's Total Fi~" ("Baily's) shall be the Daignatcd Tenant . c. In the case of the building idelltified on Exhibit A as Building lf3 (which shall all be considered as one buildilla for purpoaes of detennining gquare feel of improvemmilS which have been complefed), the Designated Tenants shall be tbe tint iwo (2) retail tenanta which Open For Business . • I . 0 • • • • - SENT BY: MILLEA WEINGARTEN; 3034140673; IIAV-2-01 3:28PM; PAGE 3 -. Weingarten/Miller/Englewood Joint Venture April 25, 2001 Page 2 d. In the case of lhe buildings identified on fahibit A as Buildings #4, 5 and 6, in the event any are multi-tenllll buildings, the Designated Tenant in each building shall be the fint retail tenant in such building which Opens For Business . e . In the cue of Che retail space located on the north side of the Piazza ("Piazza Building" all uf which space shall be considered as one building for purposes of determining square feet of improvements which have been completed), the l>e$ignated Tenant shall be the fint retail tenant which OpeQS For Bu.~ines~. 2 . For purposes of this Letter Agreement, "Open(s) for Business" shall mean when the Designated Tenant makes its first sale to a retail customer from the premises. With respect to Baily's, "Open for Business" shall mean when its f.tcililici; and equipment are available for general use by its members . With respect to Building #3 , the date the Designared Tenanta Open For Bu»ineas shall mean the date on which the last of the two Desipated Tenants Opens For Buainc:s&. Developer shall notify EEF when a OQiguated Tenant intends to open for business, and EEF shall verify the date it Opens for Business and shall confirm such date by letter to Devclup:r . 3 . Once the Designated Tenant Opens for Business, the Developer's Work shall be deemed completed in lbe entire building occupied by the Dellig.natcd Tenant on the date (i) the Developer satisfies lhe requirements of paragraph 4, IIJd (ii) the occummce of the roUowing date Ull!l[ io the date the Designated Ten.ant Opens For Business : a . With respect to Building #1. 75 days prior to the dace the Designated Tenant Opens For Bu.~iness . b . With respect to Building #2, 120 days prior to the I.I.tic Bally·~ Open for Busincas . c . With respect to Building #3, 60 days prior to lbe date the last of lhe two Designated Tenants Opens for Business , or in the event one of the Designated TcnaDIS is a restaurant 90 days prior to the date the last of lbe two DesigNted Tenants Opcm for Business . d. With respect to all od1cr bwldinp, 60 days prior co the date Lhc Designated Tenant Opens for Businas, or in the event the Desi&nated Tenant is a restaurant 90 days prior to the date such Oesignalcd Tenam Opens for Business . I· 0 • • ' . .. • • - ~NT BV: MILLER WEINGARTEN; 3034140673; MAV -2-01 3:28PM; PAGE 4 /6 . -. Weingartcn/Miller/Eoglewood Joint Venture April 25 , 200 l Page 3 e. In no event shall any payment for delay in completion begin IO accrue (as provided in paragraph 4 .C of lhc Development Agreement and Article III . paragraph 2 of die Ground Lease) with respect io lhe Piazza R.ct,w building until one hundred twenty (120) days after the date Trammell Crow Residential delivers possession of i1uch building to the Developer . 4. In order for Developer 's Wort IO be deemed completed, not only must lhc Designated Tenant be Open ror Business , but Developer must also satisfy the following : a. all improvements outside of lhc building, such ils parking lot and landscaping, 11 shown on the plans for such building as approved by the Ciry of Enelcwood fur issuance of the buildina pennit, must also he completed . However, if such outside work is delayed because of unusual CONtruction conditions (for example, Wldscaplng would not be installed out of seaaon), such additioiw work shall nol be considered for purposes of determining completion of the Developer's Work if a lener of credit, cash escrow or other security acceptable to EEF is provided by the Developer. in form and substanee acceptable lu EEF, in an amount cqulll lO 125% of the estimated cost of such additional work ; AND b. Developer must deliver to EEF either (i) final lien waivers and/or releases from Developer'~ contracton and all subcontractors and materialmen supplying ur performing the Developer's Work, con&tructing the Improvement\ff or (ii) security or title insurallcc. in form reasonably acceptable to EEF adequate to insure against or satisfy any lien claim. S. In lbe event a Designated Tenant is delayed in Opening for 8Wiine55 lili a n::.,ult of Excusable Delay aa defined in the Development Agreement, any late payment due: from the Developer which acaues dwing such E.Acuaable Delay period shall be aba1ed in accordance with the procedure set forth in paragraph 21.G of lhe Development Agreement . 6 . In the evem a Oeiignated Tenant fails to Open tor Business as a result of II business failure of the Designated Tenant, unrelated to any consuuction work to be done by the Developer, Developer's Work shall be deemed completed(in addition to lhe requirements of paragraph 4) on the date a Cenificate ot· Occupancy ii issued by lhc City of Englewood for the Developer's Work. Developer agrees to apply for all future buildin& • ) I . 0 ] • • -. SENT BV: MILLER WEINGARTEN; 3034140673; Weinprtcn/Miller/Eaglewood Joint Venrurc April 24, 2001 Page4 • • • IIAV-2-01 3:29PM; PAGE 5/6 pennits in two or more separate permits. one ("C .O. Permit") limited to uoly the Developer'• Worlt, and the otber(s) ("T.I. Pennit") for any tenant improvements not otherwiae required to obcain a Certificate of Occupancy for such building . In the event lhe City of Eqlewood iuues only a Temporary Certificate of Occupancy because a portion uf the wort is not completed as a result of unusual con.,ttuction circumstanees (such as installation of landscapiq is out of seuon), and the Developer follows procedures customarily impoled by the City Buildin& Department in such circumstances, including the delivery of adequa(c -.-urity to assure completion of such items, the date of issuance of such Temporary Certificale of Occupancy will be deemed the applicable date. 7. In the evenl the il11lount of the payment for any delay in completion can be calculared with a reasonable mathematical certainty for the pn:cediug month, EEP shall make the calculation and notify the Developer in writing of such amount EEF shall give Developer notice or any amoum .due by the 25 111 day of each month, and Develuper llhall pay the amount due by the 1 s• day of the following month. If the forqoing correctly sets forth your understanding of our agreement, plcue acknowledge a copy of Chis tearer and have it approved by Weingarten Realty lnves10n, u the Ouaramor. Very truly yours, ENGUWOOD ENVllONM£NTA1. FOUNDATION /jlL~&- AGREED : WEINGARTE.N/MILURIENOLEWOOD JOINT VENTUllf Rick Kabm . Presidcnl WEINOAJTEN REAL TY INVESTORS, A T!xAS RIAL EsTAT£ INVESTMENT TRUST By : .,P ~ . 4~ By : _______ _ ~Iler. authorized sipaturc aulhorized signature ~ Date: Y,Y'I Date : ------ N.:\DOl:!IIC 't~W'IUl'AL~P-. f¢ .... __ , .... _ • I • ) I· 0 0 0 -.. 0 !~l t'loyd Ave . • • . • -• • I ~ . -< ~ 0 ~~:!!'JI~§ I ,, J>, C'> m 0) ;;; en m z: -f ID -< ;o: -r r "' D • • • • • - 0 SMARTS! 700 E ~qc,a"o e Road ~ Su ·e Cer t erin 1a ! CO 8 0 1 · t6 ~ RECE .... '?-·.-• . . :1 ·\' .::::· •.• MAY l O . ,,_.: Thomas Bums Englewood Mayor ..:.1 r y MAfW\ut.hv ,_;r, :1... L . 3400 s. Elati s1ree1 f=N~LEWOr>O . COL nPn n 11on81ewood, co so110 Deadline to RSVP is Moy 11 SMARTS Summit is Moy 19 See Y'l'~Oon! II,, I, II,, 11,, I I,,, llll, 1111 l,l, ,II, II,, 11 l11lll, 11 II,, 11,, Ill ' . ' ) I • 0 X • • • • • -' MARTS! Summit Prelude to o world-doss arts center for the South Metro area SMARTS Summit is sched ul ed for Sa turday, May 19 from 9 am -1 pm Arapahoe Co mm unity College 5900 South San to Fe Driv e Half Moon Room (M 1800 1 Continenta l Brea kf ast RSVP by May 11, 2001 to : 303-7 41-2400 (low office of J.R. Phillips) Summ it lea d by Mr. Brion Vogt South M etro C hamber • ' ) I· 0 • • 1. 2 . 3 . 4 . 5 . 6 . 7 . • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 7, 2001 7:30 P.M. Engl ewoo d C iv ic Center 1000 Englewo o d Parkwav Englewo od, CO 80110 Call to o rder. r; ~ irJ r-- ln voca ti o n. /J.~ Pl edge of Allegiance . ~ Rollc,11 .'7~ Minutes. Minutes from th e meeting of Re gul ar Ci ty Co un c il Meeting o f April 16. 2001 .~ Scheduled Visi t o rs. (Ple ase limit yo ur pres entation to ten minutes .) a. Reo_resen tat5· s from~ G~rt _S p~4 ~om~ present to discuss co mmunit affai rs. ~/'IO~ U nsc heduled Vis itors. ( lease limit yo ur prese ntation to fi ve minut es .) 8 . Co mmunica ti o ns, Pro clamat io ns , and Appointmen ts. // ~'if/...-QA procla mation declaring the mo nth of y as Olde ~"t!:;}/t;)/°J\h~.~ · . ). ~r#{a r ~'7'-t'.J"'" ~dare a ,aca~gle.//odu,b," ~al A"•hmUy. ~ ~ . 13l5olut1on app~h to the Englewood U rban Renewal A uth~ity, ~:f:J: 33-:, ~ " Resolution a~pointing Kathy Ashenfe(er as a member to the Allian c~ommer~ ')J zrru-~ood . ~ (-Ot, /{JM.JJ:-~'-}~':;~ir a~ as a =mbe, <o ~. Allia"ce~ommm I" vr,~ 7vo u u PleaR note: If you have a disability and need auxiliary aids or semen, please notify the Qty of Eftllewood (303-762· 2405) at least 48 hours in advance of when semen are needed. Thank you . • • ' • I I • 0 ]~- • • • i "·· • - i. COUNCIL Bill NO. 22 · Reco m men dation fr o m th e Co mmun ity Deve lo pment D epartme nt to ado pt a bill fo r an o rd inance auth o rizin g the rece ipt o f Great O utdoors Colo rad o grant fundin g fo r So uth Santa Fe Open Spa ce. STAFF SOURCE: Lauri Dannemiller, Senior Manager. ii. COUNCIL BILL NO. 23 · Recommendatio n fr o m th e Department of Finan c e and Administrative Serv ices to ad o pt a bill fo r an ordinance assigning and transferring to th e City and Co unty of Dem er the ~0 0 1 City of Englewood allocation from the State o f Colorado ceiling for pri vat e activity bonds to finance residential housing fa c ilities for low and middle inco me pers o ns within the City of Englewood and c ertain o ther ci tie s and countie in th e State of Colorado. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. Approval of Ordinanc es o n Se co nd Rea ding. i. Co un c il Bill No. 17, amendin g th e City of En glewood 's N on·Emergen cy Pensi o n Plan to allow optional benefits . ii . Council Bill No. 18. authorizing the execution of four Intergovernmental Subgrantee Agreements with Arapahoe County for the 2001 Arapahoe County Community Development Block Grant Program . (fl rl jl Po iii. Council Bill No. 19, authorizing two Intergovernmental Subgrantee Agreements w ith the Englewood Housing Authority ior the 2001 Arapahoe County Co mmunity Development Block Grant Program. • Pleae note: If you have a diAbility and need auxiliary aids or services, please notify the Crty of Englewood (303-762· 2405) at least 48 houn in advance of when services are needed. Thank you . I • 0 • • , ... ,. ... • - 'Englewood City Council Agenda May 7, 200 1 p~jL_2/ iv. Council Bill No. 20, amending Title 5-3B-3 to de c rease the annual Occupation Ta x for 3.2 Beer On Premises Li censes and 3 .2 Beer On/Off Premises Li censes . o-i v Pv. Council Bill No. 21 , authorizing an Encr oachment.Agreement for 4996 South Kalamath Street. c. Resoluti ons and Motions. iii. iv . V. Recommendati o n from th e Depa rtment of Finance and Administrative Services to adopt a re so lutio n amendin g th e City of Englewood's Mid-Manager. Supervisor, and Confidential empl oyees ' 401a Money Pur c has e Pl an . STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. Rec o mmendation from th e U tilities Department to adopt a reso lution auth o rizin g the purchase of an ITRO Radio Wave Meter Reader. Staff re com mends purchasing th e item th rough ITRO , a sole sou rce vendor, wi th hard wa re supplied and ma inta ined by Mountain States Pipe, ITRO N 's local representati ve, for a to tal amount oi 5 33 ,8::!3. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Re commendatio n from th e U tilities Depanmen t to approve, by motion, an amendmen t to the Sewer Tap Ag reemen t v1 th Arapahoe Chester ES H o te l. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Recommendation fr o m th e Department of Parks and Rec reation t o approve , by motion, the replacement of Dri vi ng Rang e ettin g fo r the Golf Course . Staff re co mmends awarding th 0 bid to the lowest te c hnically acceptable bidder, America 's Nationwide , 1ng, in th e amou nt of S3 7,000.00 STAFF SOURCE: ferrell Black, Director of r'arks and Recreation and Dave lee, Manager of Open Spaces. Recommendation from the Department of Public Works to approve, b y motion, th e joint purchase with the City of Littleton of a Ro ta Mill Machine and related accesso ri es. Staff re commends awa rdin g the bid fo r the Rota Mill Machine through the State Bid pro cess to Faris Machinery Company in th e total amou nt of $343 ,677. Staff recommends awarding th e bid for the trailer to haul the machine to the o nly te chnically acceptable bidde r, Transwest Trailers , in the amount of $39,3 00. All costs associated with the purchase wi ll be split 50/50 wi th the City of Li ttleton . STAFF SOURCE: Ken Ross, Director of Public Works . 11 . Regular Agenda . a. Appr~rdinances on First Reading. b . Approwinances on Second Reading. c. Resolut ions and Motions. Jn AMommendation from the Department of Human Resources to app rove. by J)\Q,C..P ~?,tion, the appointment of a hearing officer for a disciplinary appeal filed by *47-f) ~::;,,.:::' ';;;;;;;;"c'l(':;;/'Jfi.~ Pleae note: If you have a disability and need auxiliary aids or servicft, please notify the City of Englewood (303-762· 2405) at least 48 houn in advance of when Rl'\'K'eS are needed. Thank you . • • I • 0 • • • • •• - 0 Englewood Ci ty Co un cil Ag enda Ma y 7, 2001 Page~ 12. ii. Recommendation fr om the Publi c Wo rks D epartmen t to approve, by motion, a contrac t for professional c onsulting services for the City-wide Pa vement Management Program . Staff rec o mmends entering into a cont ract with Burlst o ne, In c. in the/,,n,'.'.;uJ~ ~i,$3 1,26 1.00. STAFF SOURCE: Ken Ross , Director of Public Works. Vl/~ ----. Recommendati on irom the Depa rtm ent o f Safe ty Servi ces to app ro ve , b y motion, the purchase o f a new Co mman d Vehicl e with funds from the City's Forfeiture Fund and Department o f Ju sti ce Grant monies. Staff recommends purchasing the/ ,,-y /)9n,, vehicle from SKAGGS and Lync h Diversified Vehicle through th e Governmen t tJ j rf'V/JV ---~.....,..--.,"'rvices Administrati o n Pr o gram in th e amo unt of $299,44 7.16 . STAFF SOURCE: Chn Ison, Director of Safety Services. f)<[j(j ~ /!Ld;J!AtC/J ?, ; co mmendation iro m the En glewoo d Envi ronmental Foundation to ~. FJ,~~ motion, an agreement with Miller W e ingarten Realt y amending Arti cle lll~f d ini tial ag~eement. STA!/~?URfE:!,ick Kahm, Englewood Environmen O ; J /ff, t::r)t,on Board. lt5 ~ /I/ @ l!ll3-n~ ~?-() General Disc us sio n . a . Mayor's Ch o ice . b. Co un ci l Membe rs' Ch o ice . 13 . City Manager's Report. 14. City Attorney's Repo rt . a. Motion to appro ve the settlement o f Cit v o f Englew od. Colo rad o , and Englewoo Environmental Foundati on, In c. vs. Cindermak Asso c i tes , Equitable Life Assuranc ~n-{) Society of th e United Slat es, Lend Leas e Real Es tate In estments, Inc., Equitable Rea /f)J){)(J,' l estmen t Management, In c., Denmak Ass ociat , Kravco, In c .. Glass Slip er, -r / LLC, En 'r nmental, In c., f/k/a A tec As soc ia tes Ill th e am nt o i $878,000 .00. ( }~1~ Adjo nment. ?: ;).. / Th e fo ll owing minutes were tran itted to C o uncil between April 13, 20 · May 3, 200 Englewood Urban Renewal Authority meetin g o f January 10, 2001 Englewood Publi c Library Board meeting of March 13, 2001 Keep Englewood Beautiful meeting of March 13, 200 I Englewood Code Enforcement Advisory Committee meeting of March 21 , 20 Englewood Planning and Zonin g Commission meeting of April 3, 200 1 Englewood Cultural Ar ts Commission meeting of April 4, 2001 Englewood Code Enforcement Advisory Committee Special Meeting Eng lewood Forfeiture Board meeting of April 13 , 2001 Englewood Liquor Licensing Authority meetin g of April 18, 200 1 Englewood Liquor Licensing Authority Telephone Poll of April 19. 200 1 Please note: If you halve a disability and need auxilwy aids or services, please notify the City o 2405) at least 48 houn in advance of when semCft are needed. Thank you . • I • 0 • • - l •r I· -. • . . I • • - I . 0 -. • J l I j -. • • • - ' --~ 66 l \./~/T (2) I r!:5/ 7tC II 17 · fjJJUk ~--;r~--lv~ ~Ii._ -f/D (iii!;5 /);~ ~~ • " I · 0 • • • - .. l • I I • I· e --..... • • - • • I· -. • . ' . • • . . . . . -' ... • • I · o •