HomeMy WebLinkAbout2001-12-03 (Regular) Meeting Agenda Packet•
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December 3, 2001
ENGLEWOOD CITY COUNCIL
Regular Meeting
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Regular City Council Meeting
December 3, 2001
Ordinance 0 ...n, J1, :;(, 7,?~ JJf. 77, 78, 79, 80, 81, 82, 83
Resolution~· 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91
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I . Call to Order
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ENGLEWOOD CITY CO NCIL
ENGLEWOOD. ARAPAHot: COlJNl"\'. COLORADO
Regular Session
Dttember 3. 2001
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The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7 :30 p .m.
2. Invocation
The invocation was given hy Council Member Grazulis.
3. Pled&e of Allegiance
The Pledge of Allegiance was led by Mayor Bradshaw.
4 . Roll Call
Present :
Absent :
A quorum was present.
Also Present :
5. Minutes
COlmcil Members Moore, Grazulis. Garrett . Wolosyn ,
Yurchi ck , Bradshaw
Counci l Member Nabholz
City Manager Scars
Assistant Ci ty Manager Flaherty
City Attorney Brotzman
Deputy City Clerk Castle
Deputy C ity Clerk White
Director Olson. Safety Services
Director Gryglewicz. Finance and Administrau,·e erv1cc s
Housi ng Finance Specialist Grimm<'tt
(a) COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NO\'t:l\tBER
19. 2001.
Ayes :
Nays:
Absent :
The motion carried.
Council Member Moore. Garrett , Wolosyn . Yurch1ck ,
Grazulis, Bradshaw
'one
Council Member Nabholz
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Mayo r Bradshaw said the next two agenda items are Scheduled Visitors and nsc hedulcd Visitors. but we
have some very important conununications, proclamations and appointments, and we ha ve assured some of
the parents that they would get home at a reasonable hour .
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Eng lewood Ctt y Co un ci l
Dec ember 3. 2001
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COL l\CIL MEMBER WOLOSYN MOVED. A. 'D IT WAS SECONDED. TO '.\10\"E ITEM 8(a)
FORWARD ON THE AGENDA.
Ayes:
Na ys:
Absent :
The motion carried .
Counci l Member Moore , Garrett. Wolosy n. Yurchi ck.
Grazu li , Bradshaw
1'one
Co un cil Member 1'abholz
8. Communic alions. Proclamations and Appoinlmenls
(a) Mayor Brad sha w stat ed that we are very pleased thi s e\'enm g to be honorin g th e student s
who se anwork is featured in the Englewood 2002 Calendar -"A Celebratton of tu dent Art .. Tlw Ctt)
held an art contest th at was open to al l stude nt s who li\'e or go to sc hoo l in Engk"ood . \\'e rere1 ,ed o,er
100 entries from students in public sc hoo ls, private schools, and home sc hoo ls 111 Engle wood F11it't'n
entries were chosen for the calendar. she advised .
Mayor Bradshaw said th e artwork was chosen by a selection panel. which i one of th e mo t fun thm gs she
gets to do . The pan el was made up of City Co uncil Members and Englc"ood·s Cultural Art s Con urn s1011 .
It was my honor to serve on the selec ti on panel for the 2002 calendar, al ong \\1th ny Co un cil :"-km be rs
Julie Grazulis and Olga Wolo syn, Cultural Ans Commission Cha ir Eric 13ert olu zz1. Cu ltural An
Co mmi ssioners Joel Burrage. Kate Dulaney . John Ga tes , Janet Moore and Ra y Tomas o. as \\di as
Jennifer Poner, Education Director for th e Mu seum of Ou td oor Ans . Ma yo r 13rad haw sta ted that hoos111g
just fifiecn pieces of an to include in the ca lendar. ou t of man y wonderful entne . "as not an eJ S) ta sk.
She expressed thank s to th e se lec tion panel for their effons .
Mayor Br ads haw advised that th e ani sts · origi nal artwo rk wou ld be return ed to them this e, emng \\'t'
have had the pieces matt ed and framed . ·me artists will al so r,·cei,·e a ce rufi cate of congra tulatt ons . lw
said . We would like to offer a s pecial thanks to A & B Cus tom Fra111111g here 111 Engle"ood for prov 1d111g a
generous d1 co unt on th e os ts of framing . !\layo r Bradsha w also th anked th e re t of th e sponsors:
Co loni al Bank , Milkr Wei ngart en Rea lty. Mose r Print111 g, the !Vlu se um of Ou tdoor Ans. till" r,·at,·r
Engle \\Ood Chamb er of Commerce. Co nunumt y First Nationa l Bank . Red 13ird Fanns and Co mers tone
Books .
Ma yor 13rads haw said that Cou nci l Member Wolosyn would be helping to hand out th e ce rtifi ca te s and
re turn the an"ork this evening . She has been very in volved in plannmg thi s ye ar ·s a11 co nte st and
calen ta r. h thank ed Co un ci l Member Wolo syn for her dedi cation to thi s spe c ial proJcc t. Ma yor Pro
Tem arrett will be handing out the ce rtifi ca tes .
Ma yor 13rad shaw introd uce d the 2002 Calendar artists .
1\11 belle Dall is a 4 th grade r at Charl es Hay Elementa ry . Michelle 's artwork . "Mchnd1 llands··
appe ars on the cover of th e calendar. The piece wa s done wi th glu e. pa111t and OIi pa stels . M1 chclk came
fo rnard to re ce 1\'e her framed artwork and receive her certificate .
Two anists were featured in January. The se le cti on pane l lik ed both of th em so mu h th ey could
not dec ide on just one . Alyssa Fellows' pie ce ""My Persona lity Afncan Ma sk" 1s made wtth various la ye rs
of co lor. Al yssa is a s•h grader at Clayton Elementary. Meli ss a Donahoo's art\\ork 1s a d1ffc1ent ··My
Per so nalit y African Ma sk"' using the same technique a Alyssa's . Meli ssa 1s a 5th grader at Clayton
Ele ment ary . Alyssa and Melis sa came forward to re ce 1\'e their framed anwork and th eir cemfica tc .
Dust111 Schwanz is a IO'h grader at Human ex Academy . ll is dra\\111g appears 111 February . Du,1111
came forward to receive hi s framed anwork and hi s ce rtifi cate .
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Englewood City Council
December 3, 2001
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Lauren Greiner is a fir st grade r at All Souls Catho lic School. Lauren·s anwork "'Ammal Sta ck"' is
featured in the month of March. Lauren came forward to receive her fram ed an work and her ce rtifi ca te.
Set h Oludni ck is a 1" grader at Charle s Ha y Elementary . Se th 's co lla ge "'Fiv e Leapin g Li zard .. is
featured in April. Seth came forward to re ce ive hi s framed artwork and hi s certifi cate .
Jake Michaeli s is a third gra der at Charle s Hay Elementary. Jak e's anwork ··Mi ne"' 1s featured 111
Jun e. Jake came forward to re ceive hi s framed artwork and hi s ce rtifi ca te.
Natasha Fis h is a 5'h grader at So lid Rock School. Her artwork ··Bri ght Fis h"", done in pa swl s and
glu e. graces th e month of Ma y. Natasha came forward to receive her framed artwork and her crr11ficat e.
Br iggs Bu ck ley is a S'h grader at Charl es Ha y Elementary. Bri ggs· "'Ca li ente Crab !!!"" batik
appears in July. This is th e se ond year in a row that Bn ggs ha s had lu s am, ork fea tured 111 th e ca lendar .
Bri ggs came forward to re ce ive hi s framed artwork and hi s ce nifi ca te.
Sammy Sauers is a 4 'h grade r at Cla yto n Element ary. Her art\\ork "'Afn can Mask '" appears 111
Au gust. Sammy came forward to receive her framed artwork and her certifi cate.
Michael Mund s is an '" grader at Flood Middle Sc hoo l. Hi s drawin g "'U nu sual Friends·· 1s
fea tured in the month of Se pt ember. Mi chael came forward to recei ve hi s framed arl\\ork and hi s
certificate .
Ja so n Van is a 4'" grader at Charl es Hay Elementary . 1-h s artwork "'Abon~inal Dream Snake··
appears in Oc tober. Ja so n's art teac her , Voula Anadiotis, accepted hi s fram ed art\\Ork and ce rtificate on
hi s behalf.
Fo rre st LaChapell e is in the I l 'h grade at Colorado 's Finest Alt ernatl\'C Hi gh "choo l. Ill s art\\ork
"'S pla sh of Flower s·· brightens th e month of November m th e calenda r. Forrest"s art tea her, Ki rk Be,·erl).
a ce pted hi s framed artwork and hi s certificate on hi s behalf.
The month of December features two pie ces of art \\1th a s11111la r th eme. Jo cp h Mcrrn t" am,ork
1s call ed "'Go Tell it to the Chicken ." Joseph is a I" grader at Clayto n Ekmcntary . Kadcn Do\\11111 g 1s a 3'J
gra der at Clay1on Elementary . Hi s artwork is entitled ··My Be st Fnend 1s a Chi cken ." Kaden came
forward to re ceive hi s framed artwork and hi s certifi cate . Jo eph "as not p1esent.
Mayor Bradshaw offered congratu lations to all th e artms whose \\Ork appears m th e 2002 Engle"ood
Ca lendar. She sa id we would like to offer a special thank s to the an teac her s and the parent s o f th ese
creative students for th eir support of the arti sts and th e calendar project. he thanked everyo ne fo r coming
thi s eve nin g to help us recogni ze the se talent ed artists. There are plenty of ca lendar s a,·ai lable in th e back
of th e room, she advised, so make sure you tak e so me home . Before you leave. \\C \\Ould like to get a
ph oto of all the artists, with their art, in the lobb y.
Co un ci l Member Wolosyn said I don 't think we can thank Lei gh Ann Hoffhin es enough for all the effort
she put s into making this more specia l every year. She also thanked the Museum of Outdoor Art s for
hav mg the reception . We hope it is just going to ge l better and better. she said . She thanked all the kid s for
putting forth the effort , and invited them to do 11 again .
!C lerk's note :
sequence .]
Mayor Brad shaw continued on to Agenda It em No. S (b), before returning to the regular
(b) A proclamation honorin g Englewood re sid ent Ves ta Frank on the occasion of her 90'h
birthda y was considered .
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Englewood C 11 y Co un cil
December 3. 200 I
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COUNCIL l\1El\1BER WOLOSY~ MOVED. AND IT WAS SECONDED. TO APPROVE A
PROCLAMATION HONORING VESTA FRANK ON THE OCCASIO~ OF HER 90111
BIRTHDAY.
Ayes:
Nays :
Absent :
The mori o n carried.
Coun c il Member Moore , Garrt'll . Wolosyn. Yurchic k.
Grazuli s. Brads haw
None
Coun c il Member Nabholz
Mayor Bradshaw read the proclamation in it s entire ty. There \\·as a ro und o f applause and Mrs. r ra nk wa s
prese nted with a framed o riginal of th e proclamation .
6 . Scheduled Visilors
There were no sc heduled visi tors .
7 . Unsd14'Cluled Vis ilors
Ma yor Bradshaw thanked Mr. Lawler for hi s patience .
(a) Frank Lawler had signed up to talk about retiree health in surance . lk said he "as go in g
to relinquish hi s five nunut es. as he had b ee n rec eiving information all day about )u s s 11uat1011 . I k said he
wa s the la st one to find o ut about some of the information, which ha s a lread y bee n d isse minat ed . He sai d
he wo uld come to them again at a later time if it wa nece ss ary .
8. Communicalions. Prodamalions and Appoinlnwncs·(continu cd)
(a) T hi s agenda item moved fo rward . Sec pages 2 and 3.
(b ) ·nus agenda it e m moved forwa rd . Sec pa ge, 3 and~.
(c) Safety Se rvi ces Direc tor C hri s Olson addre ed C 11 y CouilCII re gardm g Li eutenant Byro n
Wi c ks. Sergeant JetT Sanchez. Sergeant Gary Condreay and ·ergeant John Kn oth." ho rece ntl y completed
a ten -week co urse at the Sc hool of Poli ce Staff and Command at No 11hwc ste rn Universit y"s Center for
Public Safety . Director 0 1 on expressed apprec iati o n for being able to ho nor and acknowledge severa l of
hi s emplo yees in the Po li ce Division who hav e done a n extra ordinary Job in fini shing th e ten-wee k sc hool.
T hi has been one of our major etTorts , he sa id . to ensure that we ha ve adequa te re so urce s , a s far as
facilities, personnel and eq uipment , and a lso provi de a sup e ri or amount of trainin g to individuals in our
orga ni zati o n. There arc ve ry few sc hoo ls in the nati on that are ca pable of providin g thi s . One is th e FBI
Na ti o na l A cademy, and ergcant John Collins . who is wi th th e South Metro Drug Ta sk Foret', and who ,s
not here to ni ght. completed the program at th e Acade my th is pa st summer. T hat "as a n honor. be cau se "e
rarel y get ope mn gs for that. The sc hoo l that occ urred thi s ye ar at North weste rn rarel y occurs in th, are a
either. No rniall y, people arc se nt to the school out in Eva nston, Illinoi s, he said , but e ,·ery o nce 111 a wh il e ,
someo ne will sponso r th e classes here . We had four people whq were accepted into th e school. he sai d . It
was a ten-week course, and th ey went for two weeks at a time, then th ey were back on d ut y for two week s ,
and th e n ba ck at school. This was a high-le vel , graduate level. course. They all compl eted 11 , and of the
approxiniatcly thi11 y-fi ve who pa111 c ipated, we had the hi ghes t numbe r of individual s who pa111 c1pa 1cd 111 ,
and complet ed. the program. Director Olson called the following people forward to be recognized :
Di visio n C hiefs Vandermcc and Moore. who have been a part of tlu s and ha,·e had to absorb th ese fo lk s
be in g go ne for an extended pcnod of time ; Li eutenant Byron Wi c ks. Se rgeant JctTSanc hez . Sergeant Jo hn
Kn oth and Sergeant G a ry Condrea y. Again , thi s was a tough course to get th ro ugh. and we a re wry proud
of them. Our goal is to se nd as nian y of our fo lk s as possible to th ese courses 111 the fu ture , because 11 Joes
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December 3, 200 I
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ensure the profe ssio nali sm of thi s orga ni zation and th e futur e leaders hip that we hope to develop as we go
throu gh the yea rs. He offe red his co ngra tulati ons. and the y were giv en a round of applause .
Mayor Bradshaw offered her co ngra rulatt ons .
9 . Public Hearing
l'\o publi c hearin g was sc heduled before Council.
I 0. Consent Agenda
(a) Approval of Ordinances on First Reading
There \\ere no additional ordina nces submitt ed for approval on fir st readi ng. (See Age nda It em 11 -
Re gular Agenda .)
COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED. TO APPROVE AGE'\D..\
ITEMS 10 (b) (i) THROUGH (,·i). AND 10 (r) (i) AND (ii).
(b) Approval of Ordinances on Seco nd Read mg
(i) ORD INANCE NO . 7 1. SE RI ES OF 200 1 (COUNC IL BILL NO. 74,
INTROD UCE D BY COUNC IL MEMBER \VOLO YN)
AN ORDI NANCE AUT HORI ZING AN INTE RGOVE RNMENTAL AGREEMENT BETW EEN THE
CO LORADO DEPARTMENT OF LOCAL AFFA IR (DOLA) AND THE CITY OF ENGLEWOOD
FOR A GRANT PERTAINI NG TO A SMART GROW Tll 11 0 Sll\G STUDY .
(ii ) ORD INANCE NO . 72, SE RI E OF 2001 (COL,'N C'IL BILL :--10 . 75 .
I 1TRODUCED BY COUNC IL MEMBER GA RR ETT)
AN ORD INANCE AME NDI NG TITLE I , CHAP TE R 9. SECTI0:--1 3. OF T HE ENGLEWOOD
MU 'IC IPAL CODE 2000 PERTAl1'ING TO CO RPORAT E CITY SEAL.
(iii) ORDrNANCE 10 . 73 . SE RI ES OF 200 1 (COUNC IL BILL NO . 76.
INTRODUCED BY COUNC IL MEMB ER GARRETT)
A ORD INANCE AUTHOR IZING A "C ITY DITCH LI CENSE AGREEMENT" FOR AN 18" STO RM
SEWER CROSSING OVER THE C ITY OF ENGLEWOO D'S RI G HT-OF -WA Y FOR THE CITY
DITCII AT 5200 BLOCK OF SOUT H PR ESCOTT ST REET IN LITTL ETON , COLO RADO , BETWEEN
HI E CITY OF LITTL ETO , COLORAD O AND HI E C ITY OF ENGLEWOOD. COLO RAD O.
(iv) ORDI ANCE NO . 74. SER IES OF 200 1 (COUNC IL BILL NO . 77 ,
INTRODUCFJ) BY COUNC IL MEMBER GA RR ElT)
A ORDI NANCE AUHIORI ZI G THE ACCEPTANCE OF AV ALE GRANT FR OM HI E VICT IM
ASS IST A 'CE LAW ENFO RCEMENT BOARD OFTIIE I 111 JUDICIAL DISTRICT.
(v) ORDINANCE '0 . 75 , SE RI ES OF 200 1 (COUNC'IL BIL L NO. 78,
INT ROD UCE D BY COUNC IL MEM BER WOLOSYN)
AN ORD INANCE AUTIIOR IZING THE ISSU AN CE BY T HE CITY OF ENGLE WOOD OF ITS
GENE RAL OBLIGATION BO NDS , SE RI ES 200 1, FOR THE PURPO SES APPROVED AT THE
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Englewood City Council
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CITY'S ELECTION O 'NOVEMBER 6, 2001 , AND AUTHORIZING THE LEVY OF PROPERTY
TAXES TO PAY SUCH BONDS: PROVIDING THE FORM OF THE BONDS AND OTHER DETAILS
IN CONNECTION THEREWITH ; APPROVING DOCUMENTS RELATING TO T H E BONDS; AND
DECLARING AN EMERGE 'CY.
(vi) ORDINANCE NO. 76, SERIES OF 2001 (COUNC IL BILL NO. 79 ,
INTRODUCED BY CO NCIL MEMBER WOLOSYN)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITL ED
·'AGREEMENT REGARDING FINAL DESIGN AND CONSTRUCTION OF DRAINAGE AND
FLOOD CONTROL IMPROVEMENTS FOR BIG DRY C REEK AT ALLEN WATER TREATMENT
PLANT' BETWEEN THE URBA 'DRAINAGE AND FLOOD CONTROL DISTRICT AND THE C ITY
OF ENGLEWOOD .
(c) Resolutions and Motions
(1) A CONTRA CT WITH EPIXTECH. INC. TO UPG RADE THE LIBRARY 'S
COMP TER SYSTEM .
(i1) A CONTRACT FOR REPAIR OF THE EMERGENCY SP ILLWAY o;-.;
MCLELLAN R ESE RVOIR DAM .
Vote results:
Ayes :
Nays :
Absent :
The motion carried.
11 . Regular Agenda
Council Member Moore, Garren, Wolosyn. Yur hi c k,
Grazulis, Bradshaw
None
Council Member Nabholz
(a) Approval of Ordinances on First Reading
(i) Director Gryglewicz presented a recommendation from the Department of
Finance and Administrative Services to adopt a bill for an ordinanc e amending Ordinance 62, Series of
2001 , establishing the 2001 Mill Le vy. This is sort ofan unusual bill for an ordmance. he allowed, because
we do no t usually amend our mill lev y once it is pas ed . Because the mill levy was passed before th e
election, we had to come back and have Council amend the mill levy to su pport the debt service on th e new
Parks and Recreation bonds that were passed on November 61
". So thi s amends the mill levy to 1.558 mill s
for the debt service for the original Community Center Debt Service Fund and the new Park s and
Recreation bonds.
COUNCIL MEI\IBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEI\I 11 (a) (i) -COUNCIL BILL NO. 80 ON FIRST READING.
COUNCIL BILL NO. 80, INTROD CED BY COUNCI L MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AMENDING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF
THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF
ENGLEWOOD, COLORADO.
Vote results:
Ayes: Council Member Moore, Garrell, Wolosyn, Yurchick,
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Nays:
Absent :
The motion carried.
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Grazulis, Bradshaw
None
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Council Member Nabholz
(ii) Assistant City Manager Flaheny presented a recommendation from the Ci ty
Manager's Office to consider a bill for an ordinance requested by the Englewood Historical Society,
transferring ownership of the Englewood Depot to the City of Englewood . He said the request was made
by the president of the board of the Historical Society. In 1994, he said. the Depot was saved from
demolition by the Englewood Historical Society. Sometime later, the City of Englewood acquired the
propeny, that the Depot was moved to , from the Englewood Housing Authority, and transferred own e rship
of the building to the Historical Society for a fee of$76,000 .00. The Historical Society has determined that
it is in their best interest to request that the C ity take over the ownership of the building and to reli eve th e
Historical Society of that indebtedness .
Council Member Yurchick asked if the Historical Society had repaid the $300.000.00 promissory note to
the Housing Authority.
Mr. Flaheny replied that the Ci ty has paid the majority of that through the acquisition of the six lot s at
Dartmouth and Galapago. The remaining $76.000.00 was the remaining note that the Hi storical Socie ty
owed to the City in exchange for the building itself. Now we will have regained the building, so everyo ne
is even.
Council Member Yurchick asked if that $76,000.00 was pan of the $300.000 .00 . Mr. Flaherty re spo nd ed
affirmatively .
COUNCIL MEMBER WOLOS\'N MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (Ii) -COUNCIL BILL NO. 81 ON FIRST READING.
COU C IL BILL NO. 81 , INTRODUCE D BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZING THE TRANSFER OF OWNERSHIP OF TME
ENGLEWOOD DEPOT BUILDING FROM THE ENGLEWOOD HISTORI CAL SOC IETY TO Tl IE
C ITY OF ENGLEWOOD .
Vole results:
Ayes :
Nays:
Absent :
The motion carried.
Council Member Moore . Garrett , Wolosyn, Yurchick,
Grazulis , Bradshaw
None
Council Member Nabholz
(b) Approval of Ordinances on Second Readi ng
There were no additional ordinances submitted for approval on second reading. (See Agenda It em I 0
Consent Agenda .)
(c) Resolutions and Motions
(i) Housing Finance Specialist Grimmett presented a recommendation from th e
Department ofCorrununity Development to adopt a resolution approving the Ci ty of Englewood's annual
Corrununity Development Block Grant application to Arapahoe County for 2002 . The Block Grant
Program is one that was established by Congress back in the seventies to provide for community
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Englewood City Council
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development needs at the local level. These funds are applied for annually to Arapahoe County, she said .
We have an allocation this year of $150,000 .00 and , through public outreach, c ontact with non-profit
agencies and staff input . we have narrowed it do\\11 to the four projects that "ere m the memo contamed 111
the Council packets . The four projects that we are looking to fund this year are the continuation of the
Housing Authority's Family Self-Sufficiency Project , at $ I 0,000.00; fundmg of the Rehab Loan Program.
which continues low interest loans for low and moderate-income families, at $40,000 .00; funding for
staffing of the House of Hope so that they can provide staffing for services for families , to relieve them of
having to live on the streets or motels , or wherever they might be : and, lastly, we have $50.000 .00 funded
for the shuttle project. which will link the light rail to Craig Hospital. These funds are designed primaril y
to provide services to low and moderate-income families m the community, but they are also available to
do other projects besides the ones we have identified. she said . They are available to do historic
preservation, such as the Skerritt House , as we did in the pa,t. she advised . They are available for lead-
based paint testing, which is a new regulation that HUD is pushing. as well as public facilities and servi ce .
acquisition , demolition, and all kinds of things . Our funding for 2002 is $75 ,000.00 less than we have
received in past years, and that is due to the County's reformulating our allocation , and it was affected.
primarily, by the addition of the cities ofCentenmal and Greenwood Village into the mix . There is a fifth
application, which will be outside of our normal commitment, she advised . This is a separate appltcati on to
assist the Western Arapahoe County Homeless Alliance in the purchase of the building that the Ho u e o f
Hope is currently housed in , which is kno\\11 as Arapahoe House, from Recovery. In corporated . If the y are
successful in the purchase , the ownership will transfer to the Western Arapahoe Co unt y Homeless Alhancc.
she said . That will be a separate application to the County for their pooled funds . The y have
approximately $400,000.00 available for what they call multi-jurisdictional. for project s that co, er more
than one entity or jurisdiction.
Mayor Bradshaw commented that Ms . Grimmett's presentation ivas well spoken.
The resolution was assigned a number and read by title .
RESOLUTION NO . 79, SERIES OF 2001
A RESOLUTION BY THE C ITY OF ENGLEWOOD A THORIZI 'G THE C ITY OF ENGLE\\°OOD,
COLORADO TO FILE AN APPLICATION WITH ARAPAHO E CO NTY FOR A 2002 COMM UNITY
DEVELOPME T BLOCK GRANT.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (c) (i) -RESOLUTION NO. 79, SERIES OF 2001.
Ayes : Council Member Moore. Garrett . Wolosyn, Yurchiek,
Grazulis, Brads haw
Nays : None
Absent: Council Member Nabholz
The motion carried .
12 . General Discussion
(a) Mayor 's Choice
Mayor Bradshaw had no matters to discuss .
(b) Council Members · Choice
(i) Council Member Yurchick asked what was going on up on the hill on Saturda y.
It looked like all of Englewood's police were up there, he said .
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Director Olson, Safety Services, said he had no idea. He asked the police staff sitting in the audience if
they knew.
Council Member Yurchick added that it was at about 2 :00 p.m. on Saturday afternoon.
There was no one in the audience who knew what it was about. Director Olson advised that, if it had been
something significant, 11 would have come up in the staff repon.
Council Member Yurchick said he was just curious.
13. Cit)' Mana1er's Report
(a) City Manager Sears said there will be a lot ofpanies and activities next week . He
observed that Nancy Peterson was in the audience, and he reminded everyone that Neighborhood Wat ch
would be next week. and former Mayor Tom Bums ' pany would be next Thursday at the Alexan. These
many activities, along with the RTD meeting here next Wednesday evening, make next week a prett y bu sy
time . he said.
14 . City Attorney's Report
City Attorney Brotzman had no matters to discuss.
15 . Adjournment
MAYOR BRADSHAW MOVED TO ADJOURN. The meeting adjourned at 8:05 p .m .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, DECEMBER 3, 2001
i :30 P.M.
Englewood Ci\ ic Center -C ou nci l Chambers
1000 Engl ewood Park va
Englew ood. CO 80110
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1. Cal l to o rder . 7r 3D p.;r, ·
2.
3.
4.
8 .
lnvo ation . ..;!J4~
Pl edge o i All egia nce.~
Roll Call.
,'vlinutes .
li nutes fr o m the meet ing 0 1 Regular City C o un ci l Meeting o f ·'l ove mbe r 1 , 200 I .
Scheduled Visi tors. (Pleas e li m it yo ur presentatio n to te n m inu t es.)
Unsche,ed Vi sit o rs. (Pl ease limit yo ur p rese nta tion to five min utes .)
T ~~~-~
C o mmunications, Proclamations , and Appointments .
200 2 Englewood Calendar p resentation honoring the student artists vh o se wo rk was
chosen to b e included in the calenda r.
A proclamati on ho no ring Eng lewood residen t Ve sta Frank o n the occasio n 01 her
b1rthdav.
Sa t ety Se rv ices Di rec t o r Ch ris Olso n w ill add ress Citv Co uncil regardin g Lie ute n an t
Bvron Wicks . Sergea nt Jeff Sanchez . Se rgea nt Garv Cond r eav, and Sergea nt Jo hn
Kno th , vho recent!\ completed a I 0 -11 ee .· cou rse at the Sc h oo l oi Po lice Sta ri a n d
Co mmaod " ,m,hwes<em u o;, mm ', Ceo"""' Mlic Safe~ u~
Please note: If vou have a disability and need auxiliary aids or services , please notify the Citv oi Englewood
{30 3-;"62-2405 ) at least .ffl hours in advance of when services are needed. Thank you.
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Englewood Ci ty Co unc,I .\ge nda
December 3 , 200 1
Page 2
9 .
10.
Public Hearing (, ·o ne scheduled !
C o nsent A ge nda.
a. Appro \ al oi O rd in ances on Fi rst ReJ in~.
b . Appro \·al o i O rdinances o n econd Reading.
oJ-1~iii .
(fli .1v, vi.
C o un ci l Bill , o. i ~. apprO\ 1ng Jn ln terg o, ernmen t al A greemen t with th e
C o lo ra do D epartm en t o r Loca l Arfa1 rs ac cepti ng grant ru n ding tor a Sma rt
Growth H o using Stu d\.
Coun ci l Bill , o. i5, app rO\ in g a new Co rp o rate C itv Seal.
C o un ci l Bill , o. 76 , app ro, in g a Ci t\ Ditch Lic ense Agree m e nt ior 5 200 S.
Pres cott.
C o unci l Bill , o. ;'i, a uth o rizing acceptan ce oi a victim Ass is tanc e Law
Enio rce ment Grant.
C o un ci l Bill o. iB, a uth o ri zing the issuan ce o r bon ds ior Park s an d Recrea t io n
projec ts.
C o un ci l Bill o. 79 , app roving an lnt ergO\ ernmen tal Agreement w ith U rban
Drainage and Flood C o ntro l Distric t ior Big O rv Creek Improv ements at All e n
Water Treatment Plant.
c . Res o luti o ns and 1\tl o t1 o ns.
i. Reco mmendation fr o m th e Library Departm en t an d l11 1o rmat1 o n Tech n o log
Department to approve, b y m o ti o n, a co ntract w ith Epix te c h , In c. to upgrade the
Librarv 's C o mputer Sy stem. STAFF SOURCES : Hank Long , Director of Librarv
Services and Don Ingle, Director of Information Technology.
ii . Re co mmendation fr o m the U tilities D epa rtm en t to award. by m o ti o n, a co ntract
for repair o i the emergency spillway o n the Mclellan Reservoi r Dam . STAFF
SOURCE : Stewart H. Fonda . Director of Utilities .
1 I . Regula r Agen da.
a. Appro, .11 or O rdin .:i nces o n Fi rst Reading.
i . Council Bill '-lo. 80 · Re co mmendation 1ro m the Departm en t Fina nc e J n d
->.dm1n1s tra11, e Ser\ ices t o d o pe a b ill o r an o rdi 11Jnce am endi~1 · ne e h 2.
Ser~l establishing the 200 1 Vlill Le,\. STAFF SOURC : Frank
Gfvglewicz, il>irector of Finan ce ,md Administrative Services.
~
Please note: If vou have a di sa bilitv and nN!d auxiliary aids or services. please notifv the Citv nf Englewood
(J OJ-;'62-2 -IOS ) al least .ffl hours in advance of when serv ices are neede d . Thank vou.
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Englewood Ci ty Council Agenda
December 3, :!001
Page 3
ii. C oun ci l Bill o. 81-Recommendation from th e City Manager's Office to
conside r a bi ll ior an o r di nance requested b y the Englewood Histo ri cal Societv
transierring owne e I ood Dep ot t o the Cit of Englew ood .
STAFF SOURC : Michael Flaherty, ssistant City Manager.
Appro, al oi Ordinanc es o n Second Readin g. ¢
c. Resolutions and Motions. ~ri .
v5~ ~1~
~,t)
12 . General Discussion .
a. Ma\ o r's Choice .
b . Council Members' Choice .
13 . Cit Manager's Report.
1-1 . Citv Attornev's Rep o rt .
Adj o urnment.
The a ll owing minutes were transmitted to City Council betwee n November 16 · 29 , 2001 :
Englewood rban Renewal A uthority meetin g of A u gust 8, 2001
En glewood Planning and Zoning Commissi on mee t in g of October 16. 2001
Please note: If you have a disabilitv and need auxilia,v aids nr services. please notifv the Citv ni Englewood
(303-7"62-2.&05) at least "8 houn in advance of when services are needed. Thank you.
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COU~TY. COLORADO
Regular Session
"iovember 19. 2001
..
Sa
The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :43 p .m .
2. Invocation
The invocation was given by Council Member Grazulis.
3. Pled&e of Allegian~e
The Pledge of Allegiance was led by Mayor Bums.
4 . Roll Call
Present :
Absent :
A quorum was present.
Also present :
5 . Minutes
Council Members Grazulis. Garren. Bradsha w . Wo losyn .
Yurchick. Bums
Council Member '.'labho lz
C 1ty Manager Scars
City Anomcy Brotzman
Deputy Ci ty Clerk Castle
Deputy City Clerk Whne
Semor Planner Graham
Director Gryglewicz. Finance and Adrmmstrau ve Services
Capital Projects Director Kahm
Duector Black, Parks and Recreation
Director Simpson. Community Development
a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED , TO
APPROVE THE MINUTES OF THE REGULAR CITY CO UNCIL MEETlNG OF NOVEMBER 5,
2001.
Ayes :
Nays :
Absent :
The motion carried.
6. Scheduled Visitors
Council Members Garren . Bradshaw, W o losyn . Yurchi ck,
Grazulis. Burns
None
Counc il Member Nabholz
(a ) ~on McClurkm, 3270 South Lafa yette Street . wa s present to address City C ounc il
regarding Council Bill No. 36, pertaming to pets. He asked 1f the leash law had been passed .
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Englewood C it y Co uncil
November 19. 2001
Page 2
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Mayor Bums sa id II was o n the agenda tonight on second reading .
Mr. McClurkin said the reason he was here for a second time wa s. hopefull y. to clear up some iss ue s that
were lefi unanswered and unsaid during the prev io us City Counc il meeung. He said he coul d not re cogni z e
that there was any opposition by reading the Engl ewood Herald. I wo uld like to apol ogize to the Cod e
Enforcement people if I implied that they were not doing their jobs regarding the dog at-large issue. he
said. They are, and I commend them for that . Secondly, I would like to a po log12e to C 11 y o un c ,l fo r my
ignorance that I predisposed that the y would answer. direc tl y. any que t1 o ns reg arding th 1 iss ue I
understand that the y are under no obligauon to engage in an y d ialog o r debate" 1th a ..:1ll zen of Eng lewood
during this time penod, he said, however, I would be more than happ y to engage those predis posed an y
time, any place, any where. Now to the issue at hand . last week. I walked my unl eas hed . res po ns ibl y
controlled dog over to Cherry Hills Village . I heard a linle gas p the la t lime I "as here becau se the y did
not believe they do not have a leash law over there . he said . I we nt up to C la rkson and :-..1Jn111 lane . and
there is a linle c urve there and a si gn behind there . That sign says. "plea·e keep }Our pets under o nt rol."
then took my unleashed. responsi bl y controlled dog down to Wood y Hollo" Park . "here ~ ou ,·an go do" n
all the trails behind the huge home s. That park ,s part o f the South Suburb an Trail D1>tnrt. he ad, 1sed. and
that also has a sign that says. "please keep your pets under control." \:ow "h) doe s hen, 1-1,ll s hold their
citizens in such high regard as to acknowledge that their c 111zens are respo ns ible w11h their animals. whil e
Englewood would hold their ci u zens in suc h low regard? Since the Code Enfor ement de pa nment ,s doing
their job. I can only s urmi se that thi s 1s tru e . It 1s not a q ues u o n of ne ed. 1t ,s a que,llon o f" ant . he said .
You want a leash law. yo u don't need a kash law . D1d yo u know that. under the do g at -large o rdin an ce .
Code Enforcement persoMel can ask you. if the y see yo u with your animal with o ut a le a sh . fo r a
demonstration of control of your dog? I don 't know if anybody knew that o r not . o r even has read thi s law.
he said. You can know if it is under control by calling your dog , makin g h,m Sit. etc . That has hap pened to
me, he said. I was stopped by Code Enforcement persoMel. I do not know hi s name bu t he was a n elderl y
gentleman. I called m y dog over and had him si t. which sati sfied him. If the Code Enforcement officer 1s
not satisfied, and the y can ci te you. the case ,s closed . They can wrue yo u up fo r ha vin g a dog at-large. so
you can see that the laws are already on the books . It is a question of want and not ne ed. he reiterated .
Andrew Jackson once said "one courageous man makes a maj ori ty ." '-low. and thi s co me s from th e heart . I
believe C it y Coun cil was d is ho nest w11h thi s issue, he sa id . as I ha ve now demon ·trated . '.'lot in a
dishonest y of conscience. but m ignorance . The reall y sad pan about thi s ,s that 1 bel,e,e yo u were
di shonest with yo urse lf. I hate to ram on yo ur parade. be cause I know yo u are leav in g, and I want to thank
yo u for lemng me s peak. We are po hucal o pponents on thi s s1tua11on. but I am not glad to see yo u go . He
thanked Council for listening to him.
Mayo r Burns s aid he would be happ y to kno w he wo uld no t be vot in g o n this o rdmance thi s evenm g .
M r . McClurk in said he had a q ui ck conunent . s in ce he had about fi,e nunutes left. He sa id he was readmg
the Englewood Herald. and some woman came up here and sa,d that her dog "as atta cked te n limes 111 a
park . That must have been one mangled mun. he as sened, and I would like to see that vet bill. 1ft here is
such a thmg . On to p of that . she kept goi ng back, so I wo uld take 11 wi th a gram of salt. these c harges of
unlea s hed animals . I guess 1 am predis posed toward my dog , be cause 1 do ha ve a ve ry good. obedient dog ,
he sa,d. Any time City Council wants to walk with me and the dog , we will have a great old ume. You
will see h,m s n , etc . If so me ammal ,s unrul y, pi ck him up . I will probably end up being a lawbreaker. I
will walk my dog at night. like a Ni nja . I do not know what I am going to do. I will probably o bey the la w.
who knows. He again thanked Council for their time and for listening to him.
Mayor Burns said he would like to make one point. He felt that South Suburban Parks and Rec reati o n
District had jurisdiction over the Highline Canal through Cherry Hills . They have a sig n that yo u have to
keep your dog on a leash not to exceed six feet, he advised.
Mr. McClurkin said he would bring in the s ig n. Mayor Burns said he saw it j ust yes terda y.
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Englewood C ity Counc il
No vember 19 . 2001
Page 3
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Council Member Bradshaw said that is even a bigger issue . then . , f yo u brmg the sign .
Mr. Mc Clurkm said Wood y Ho llow Park 1s m C herry Hill s. and there are sign s that sa y keep your pets
under control. I would assume 1t 1s be cause the y have horses there , he allowed , so the wealth y c an more o r
Jess do what the y want. and the great . unwashed c 1t1zen s o f Englewood cannot . He thanked Co un ci l.
7. Unscheduled Visitors
(a ) Enc Benoluzzt . 4860 South Galapago Street . said this 1s one of those times when words
are inadequate . so he wo uld be c.allmg upon the music of Johann Sebastian Bach to express his apprec1au on
to Mayor Bums for hi s ser\'1Ce to Englewood and for his kindness to Mr. Benoluzzi .
Mayor Bums said Mr. Benoluzzi is a principal of the Colorado S ymphony Orchestra . and we are ve ry
proud to have lum m the city .
Mr. Benoluzzi played the Prelude from Suite #I in G major by Johann Sebastian Bach on hi s cell o
After a round of applause, Mayor Bums advised that Mr. Benoluzzi is also the cha inn.in o f our C ultura l
Ans Commission and we are very happy to have him. That was very nic e. he said .
8. Communications. Proclamations and Appointments
(a) A Jene, from Shannon O'Leary mdi caung her re s1gnau o n fro m the Engle\\ood Pu bh
Library Board was considered.
COUNCIL MEMBER BRADSHAW MO\'ED. A'.'ID IT WAS SECONDED. TO ACCEPT. WITH
REGRET. THE RESIGNATION OF SHANNON O'LEARY FR0\1 THE DIGL[WOOD PURL.IC
LIBRARY BOARD.
Ayes :
Na ys.
Ab sent .
The mouon carried .
Council Members Garren . Brad shaw. Wolosyn . Yurch1 c k.
Grazuhs, Bums
:-Jone
Counc il Member :-Jabholz
Ma yor Bums said Ms. o· Lear } ha s do ne a great JO b on the Public Library Board , and he was g lad she had
indicated that . 1f she had ume, she would like to serve the commumty again at another ume .
(b) Ma yor Bums said the agenda now call s for him to make some depaning comments before
we swear in the new Council members . He said he would just like to say, as he had a couple of weeks ago .
that it has been his great pleasure to serve as the mayor of Englewood for the past seven years . We have
seen a lot of changes. and a lot of things are still going on. I have had the pleasure of working with C ity
Manager Sears and his staff. who I think are Just unparalleled people to work with . They are just the be st.
and we have had a lot o f wonderful accomplishments by this staff, a lot of national awards . specifi c service
awards, ac complishments by the people on the staff. He said he would like to especially thank C ity
Council for the great cooperauon they have given us . It has been quite a ride for the last several years. and
we are still doing things . he said. We are still in the middle of a lot of stuff for the City. including the
General Iron Works plant , the CityCenter redevelopment, the old city hall sue, and the wonderful bond
issue we passed a couple of weeks ago . We have on the agenda tonight the issue of the first bonds on that .
and we have the baseball park which wtll open for play m the spring . and 11 Just ke~s gomg on and on .
Every time I pick up something, somebody else has won an award on this staff. so the y are JUSt wonderful
people to work with. He said he would especially like to thank the lad y who came wtth him tonight. Many
of you know Karen Susman. the lady tn my hfe . She is a speaker and trainer. and ha s trained man y of the
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Englewood City Council
November 19, 2001
Page 4
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people m the Cit y from lime to lime . through the Colorado Municipal League and other organizations in the
state . as well as the National League of Ciues . She has even gonen me into her profession in the last year
and we speak together sometimes. She has been my assistant , companion and support through all of this ,
he said. and she is very special to me. Mayor Burns asked for a round of applause for Ms . Susman.
Mayor Burns said I will now ask the Deputy City Clerk to read the names of the newl y elected Counc il
members, two of whom have run for re-election . Those members are then seated in the spaces up here and
they will vote for mayor and mayor pro tern. They will then have their permanent seat assignments on the
dais . We have six out of our seven Council members back, and John Moore will take m y position in
District 2. he said . They will be sworn in and then we will have a linle more ceremony and ha ve a bnef
reception. He wished Mr. Moore all the best. as he enters into his service in Distrtct 2. and congrarulated
Bev Bradshaw and Doug Garren on their re-election to Council . With that, I will ask the Deputy C it y
Clerk to read the names of the newly elected City Council members. There are three . he explained, as four
of them did not have to run again, since they are in the middle of their terms .
Deputy Ciry Clerk Castle stated that the Council members elected o n No \'ember 6. 200 1 are Jo hn H
Moore . Council Member District 2, Douglas G. Garrett . Co un c il :Vkmber D1stnc t ~. and Beverl y J
Bradshaw. Council Member At-Large .
Ma yor Burns stated that the y would now be S\\Orn 111 . and he \\lJulJ lea,e the benc h ,o the y co ul d tak e th ei r
scats .
The three Council members were sworn int o o ffi ce b) Mu ni c ipa l Judge Vin ce nt Ate nc io
The Council Members took their seats . Present were Co un d \1 e m be rs \t oo re. Grazul1 s. Garren. Wo lo syn .
Yurch1ck and Bradshaw. Council Member :slabholz wa s ab sent.
Mayor Pro Tern Bradshaw asked for nonunauons for the o ffi ce o f ma yo r
COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED. TO !'101\llNA TE
BEVERLY J. BRADSHAW AS MAYOR OF THE CITY OF E~GLEWOOD.
Ayes :
Na ys :
Absent :
The motion carried.
Council \1embers \1oo re . Garrett . Wo lo syn. Yurc h1 k.
Grazulis . Bradshaw
~On(!
Council \1ember Nabho lz
Mayor Bradshaw said this might come as a shock to man y. but she just did not have any words but thank
you. To the citizens of Englewood. 1t is an honor to serve a s ma yor o f our fair cu y. I will treat this o ffi ce
as I have our ciry, with respect and love . To my fellow Council members. thank you for your trust and
confidence. This is not a one-person job, and I will not become a s ingle voice speaking for our city. We
speak together. To the staff. my door is alwa ys open to you . We need to work together to continue to serve
our citizens to the best of our ab1hues . We need to continue to mo ve forward and make Engl e wood the
best city possible. To the business community, I had a very mterestmg conversation last Saturday, with a
person I am very honored to know . Hopefull y what I have to say will strike a note with all of you , she said .
Poliucs are just that, pohucs. The past 1s Just that. the past. I smcerel y hope we can all mo"e forward m a
positive vein, to make doing business in Englewood a pleasurable experience . The years ahead are full of
opportunities and challenges, she said. If we work together. we can accomplish so much, so let's start
today with a fresh bcgirming of the positive things we can do together. Thank you .
Mayor Bradshaw asked for nominations for the office of mayor pro tern .
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Englewood Ci ty Council
November 19. 200 I
Page 3
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Council Member Brad shaw said that 1s even a bigger iss ue. then . 1f yo u bnng the s ign .
Mr. McClurkin sa id Wood y Hollow Park 1s in Ch erry Hill s. and there are signs that sa y keep yo ur pets
under conttol. I would ass ume 11 1s because the y have horses there , he allowed. so the wealthy ca n more o r
less do what they want. and the grea t. unwashed cittze ns of Englewood canno t He thanked Coun c il.
7. Unscheduled Visitors
(a) Enc Benoluzz1. 4 860 South Galapago Stteet. said this 1s one of those umes when words
are inadequate. so he "ould be ca lhng upon the music of Joharm Sebastian Ba ch to express hi s apprec1a11on
to Mayor Burns for hi s service to Englewood and for his kindness to :vtr. Beno luz z 1.
Mayor Burns said Mr . Benoluzzi is a principal of the Colorado Symphony Orc hestta . and we are very
proud to have him m the city.
Mr. Benoluzzi played the Prelude from Suite #I in G major by Joharm Sebastian Bach on his cello .
After a round of applause. :vtayor Burns advised that Mr. Benoluzzi is also the chairman of our C ultural
Ans Commission and we are ve ry happy to ha ve him. That was very mce . he sa id .
8. Communications. Proclamations and Appoinlmenls
(a ) A letter from Sharmon O'Leary indicating her res 1gna11on from the Eng lewood Publi c
Library Board was considered.
COlT:-WCIL '1EMBER BR.\DSHAW \10\'ED. AND IT WAS SECO'iDED. TO ACCEPT. WITH
REGRET. THE RESIGNATION OF SHANNON O'LEARY FRO:\'I THE E'iGLEWOOD PUBLIC
LIBRARY BOARD.
Ayes :
~a ys .
Absent ·
The motion carried .
Council Members Garrett. Brads haw, Wolosyn. Yurchick.
Grazuhs. Burns
:"I/one
Coun cil ~ember :"1/abholz
Mayor Burn s said ~s. o· Lear) ha s done a grea t JOb on the Pubh c Library Board , and he was glad s he had
indicated tha t, 1fshe had time , she would hke to serve the co mmunity again at another time .
(b ) Ma yor Burns said the agenda now c alls for him to make so me depaning comments before
we swear in the new Council members. He said he would just like to say, as he had a couple of weeks ago.
that 1t has been his greal pleasure to serve as the mayor of Englewood for the pasl seven years. We have
seen a lot of c hanges. and a lot of things are sllll going on. I have had the pleasure of working with City
Manager Sears and his staff. who I thmk are just unparalleled people to work with. They are just the best,
and we ha ve had a lot of wonderful accomplishments by this staff, a lot of national awards. specific se rvice
awards . accomplishments by the people on the staff. He said he would like to especially thank Ctty
Council for the great cooperation they have given us. It has been qune a nde for the last several ye ars. and
we arc still doing things . he said . We are still in the middle ofa lot of stuff for the City. including the
General Iron Works plant , 1he CityCentcr redevelopment, the old city hall sue, and the wonderful bond
issue we passed a couple of weeks ago. We have on the agenda tonight the issue of the first bonds on that .
and we have the baseball park which will open for play m the spring. and It JUSt keeps going on and on .
Every tune I pick up something, somebody else has won an award on this staff, so they are JUSt wonderful
people to work with. He said he would especially like to thank the lady who came with him tonight . Many
of you know Karen Susman. the lady in my hfe. She is a speaker and !Tamer, and has !Tamed many of the
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Englewood City Council
November 19 . 2001
Page 5
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COUNCIL '.\·IEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO NOMINATE
DOUGLAS G. GARRETT AS '.\1A YOR PRO TE'.\1.
Ayes :
Nays :
Absent :
The motion carried.
Council 'vfembers 'vfoore . Garrett. Wolosyn . Yurch1ck.
Grazulis. Bradshaw
None
Council 'vfember Nabholz
Mayor Bradshaw asked Rick Kahm to present a token of apprec1a11on to Tom Bums .
City Manager Sears stated that staff. as 'vfr. Bums had noted. 1s very c reati ve . With the help uf se,eral raff
people, one ofwh1ch was Leigh Ann Hoffhines . as well as Mr. Kahm "s crew. a memento plaque was pul
together for Mr. Bums that we thmk he will enioy.
Capital Proiects Director Kahm reca lled the Broadwa y proiect. whi ch lasted mo ye ars . cost S4 million. and
was a s uccess. Late m the proiect. he said . '.\fa yo r Bums noted that the consultants domg the design \\Ork
had not reall y done a good Job with our th1n y-fi'"e year o ld bndge over Highway 28 5. At his
recommendation. we upgraded the rails on the bndge and then Ma yo r Bums wanted the bndge to be lit.
which was reall y rough because the accent lights up and down Broadway have been o ut o f producuon fo r
about twent y ye ars . But we managed to come up w11h ten lights. and then we go t to \\Tes tle with Excel fo r
about two months to get a meter so we could finall y get them rumed on. That was probabl y o ne o f the
roughes t assignments we had o n the enme proiect. he sa id . and ,o. we ha ve for you. Bums Bndge \air.
Kahm presented. to Tom Bums. a framed p1 crure of the Broad"ay bridge w1th a street s ign that read
"Burns Bndge".
Mr Bums said he got a lot o f needling o ut of this . They said the y we re gomg to do somethin g like tlHS . he
said. but I JUSt got bugged about that bndge because 1t was so cold looking . It did not have an y lights on 11.
and 11 was not safe at night. So they did 11. and we had a lot of kidding from it and it took a while to get 11
ht up . I appreciate this very much and I ha\"e reall y enJo ycd working with Rick on a lot of thing s. and I
appreciate his going to the trouble of do mg this .
Ma yor Bradshaw asked Co uncil 'vfember :Vloore 1f he would like 10 recogmze famil y or guests. Mr :vtoo re
said he would like to rec ogni ze hi s father -in-law . Kell s Waggoner . lus mother-in-law Jodie Waggoner. as
well as hi s wife Kathi.
Mayor Bradshaw said at this time she would hke to invite everyone to e nJO Y some cake and refreshment s
with us to celebrate this occas ion. I would hke to thank my friends for your conunucd s uppo n throughout
this poht1 cal Journey It made a huge difference .
Mayor Bradshaw presented a plaque to Tom Burns. The inscnption read ""To Thomas J. Bums m
recognition of lus distinguished leadership and outstanding contnbuuons to the conunun11 y as Council
Member November 3. 1993 to November 19 , 2001. and Mayor December 5. 1994 to So\"ember 19 . 2001."
Mayor Bradshaw again invited everyone to join the reception in the Commumty Room. The meeting
recessed at 8 : IS p.m. for the reception. reconvening at 8 :50 p .m. with Council Members 'vfoore. Grazulis.
Garrett, Wolosyn, Yurch1clr. and Bradshaw present. Council '.'vlember Nabholz was absent .
Mayor Bradshaw expressed thanks to staff members Leigh Ann Hoflhines . Sue Bradshaw. Susan Werntz
and Paulena Puncerelh for the mce reception.
9 . Public Hearin&
No public hearing was scheduled before Council.
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10 . Consent Agenda
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COUNCIL MEMBER GARRETT MOVED , AND IT WAS SECONDED. TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (i), (ii), (iii). Ai"ID 10 (b) (i), (ii). (iii) AND (iv).
(a) Approval or Ordinances on First Reading
(i) COUNCIL BILL NO . 75. INTRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE AMENDING TITLE I , CHAPTER 9, SECTION 3, OF THE
ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO CORPORATE CITY SEAL.
(ii) COUNCIL BILL NO . 76. INTRODUCED BY CO UNC IL ME;\,IBER
GARRETT
A BILL FOR AN ORDINANCE AUTHORIZING A "CITY DITCH LICE NSE AGREEME'.',IT" FOR AN
18" STORM SEWER CROSSING OVER THE CITY OF ENGLEWOOD 'S RIGHT -OF-WAY FOR THE
CITY DITCH AT 5200 BLOCK OF SOUTH PRESCOTT STREET IN LITTLETO N. COL ORAD O.
BETWEEN THE CITY OF LITTLETON. COLORADO AND THE CITY OF E:--GLEW OOD .
COLORADO .
(iii ) CO UNCIL BILL NO 77. INTROD UC ED BY COC NCIL ME:VIB ER
GARRETT
A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A VALE GRANT FROM THE
VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRI CT.
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO . 67, SERIES OF 2001 (CO L'NC IL BILL . 0 . 65.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD . COLORADO TO ENTER INTO
TWO EASEMENT AGREEMENTS FOR WATER PIPELINE EASEMENTS AND THE ACC EPTAN CE
OF A QCIT CLAIM DEED TERMINATP.\IG AN EXISTING EASEME T LOCATED AT MCLELLAN
RESERVOIR .
(ii) ORDINANCE NO . 68 , SERIES OF 2001 (COUNCIL BILL NO . 7 1.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING THE CITY OF E GLEWOOD , COLORADO TO ENTER INTO
TWO LICENSE AGREEMENTS AND TWO TEMPORARY CONSTRUCTION EASEMENTS
LOCATED NEAR THE INTERSECTION OF SOUTH SANT A FE AND DAD CLARK GULCH IN
ARAPAHOE COUNTY. COLORADO BETWEEN CENTENNIAL WATER AND SA NITATIO N
DISTRICT AND THE CITY .
(iii ) ORDINANCE NO . 69 , SERIES OF 2001 (CO UN CIL BILL NO . 72 ,
INTROD UCED BY COUNCIL MEMBER GARRETT) I • 0
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AN ORDINANCE APPROVING SUPPLEMENT NO . 151 TO THE SOUTH GA TE SANITATION
DISTRICT CONNECTOR ·s AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE
DISTRICT BOUNDARIES .
(iv ) ORDINANCE NO . 70. SERIES OF 2001 (COUNCIL BILL NO 73 .
INTROD UC ED BY COUNC IL MEMBER GA RRETI)
AN ORDINANCE APPROVING AN P.\ITERGOVERNMENTAL CONTR.A.CT BETW EEN THE TA TE
OF COLORADO AND THE CITY OF ENGLEWOOD COLORADO . RELATING TO TH E LAW
ENFORCEMENT ASSISTANCE FUND (LEAF ) PROGRAM .
(c) Resolutions and Motions
There were no resolutions and motions .
Vole resulls:
Ayes :
Nays :
Abse nt :
The motion carried .
11. Regular Agenda
Co unc il :vtembers :vt oo re . Ga rren . Wolosyn. Yurch1ck
Grazuhs. Bradshaw
None
Co uncil :vtember Nabholz
(a) Approval of Ordinances on First Reading
(1) Senior Planner Graham presented a recommendati o n fro m the Depanment of
Co mmumty Development to adopt a bill for an ordinance approving an Intergovernme nta l Agreement wtth
1he Colorado Department of Local Affairs accepting grant fu nding for a Sman Gro"~h Hous in g Study He
said the grant, in the amounl of approximately S 19 .000.00, would be for a housing stud y relati ve to th e
light rail and General Iron Works . The study is in two pans. he advised. We are looking at wo rk force
housi ng issues and there will be surveys of employers. We are also looking at General Iron Work s as .1
case s tudy opponunity to provide workforce hous ing. This ,s che fir st of two pha ses of a grant . he sai d
The tolal granl was $50.000.00. and the second study will be a land use stud y around the Oxford Stati o n.
but we do nol have the contracts for that agreement at this time .
COUNCIL MEMBER WOLOSY'.'1 MOVED, AND IT WAS SECONDED. TO APPRO\"E AGENDA
ITEM 11 (a) -COUNCIL BILL NO . 74 , ON FIRST READl'.'IG.
COUNCIL BILL 0 . 74 , INTRODUCED BY COUNC IL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZil~G AN INTERGOVER.NMENTAL AGREEMENT
BETWEEN THE COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) AND THE CITY OF
ENGLEWOOD FOR A GRANT PERTAINING TO A SMART GROWTH HOCS ING STL'DY .
Vote results:
Ayes :
Nays:
Absent
The motion carried .
Council Members Moore. Garrett, Wolosyn, Yurchi ck
Grazulis, Bradshaw
None
Council Member Nabholz
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(ii) Director Gryglewicz presented a recommendation from the Department of
Finance and Adnunistrative Ser.,1ces to adopt a bill for an emergenc y ord inance authonzing the issuance of
bonds for Parks and Recreat io n projects . He advised that thi s would authonze the issuance. up to
$8.325 .000 .00. in general o bli ga tton bonds. and would be the first part of the bond iss ue that was pa ssed in
the Nove mber 6. 200 I electton . It 1s bemg done as an emerge nc y ordinan ce to take advantage of the tax
laws . lfwe issue under SI O null ion. 1t will give us favorable tax treatment when we go to sell the se. he
said . Addittonally. I will be going out to San Francisco wtth City Manager Sears and our financial advisor
November 29•• and JO"' to talk to the bond insurance agency and to the rating agencies .
COUN CIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO APPROVE AGENDA
ITEM 11 (a) (ii) -COUNCIL BILL :"10 . 78. ON FIRST READING.
COUNCIL BILL NO. 78, INTRODUCED BY COUNCIL '.\<!EMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORJZING THE ISS UANCE BY THE CITY OF ENGLEWOOD
OF ITS GENERAL OBLIGATION BONDS, SERJES 2001. FOR THE PL'RP OSES APPROVED AT
THE CITY'S ELECTION ON NOVEMBER 6. 2001. AND AUTHORJZl~G THE LEVY OF PROPERTY
TAXES TO PAY S UC H BONDS ; PROVID ING THE FOR.\1 OF THE BONDS AND OT HER DETAILS
IN CONNECTION THEREWITH ; APPROVING DOCl..i '.'v!ENT RELA Tf):G TO THE BO:sJDS . A:--:D
DECLARING AN EMERGENCY .
Vote results:
Ayes :
Nays :
Absent:
The motion carried.
Counc il '.\,!embers '.'vf oore . Garren . Wo losyn . Yur c h1 ck
Grazulis. Bradshaw
No ne
Co un ci l Member Nabholz
(iii) Capital Projects Director Kahm pre sented a recommendation from the
Department of Public Works to adopt a bill for an ordinance approving an In1 ergove mmental Agreement
with Urban Drainage and Flood Control District for Big Dry Creek Improve me nt s adjacent to the A llen
Water Treatment Plant. Seve ral years ago. as the State was do in g the :--:a,·ajo Project. the y bu1h the new
bndge o n Windermere ac ross Bi g Dr) C reek . At that 11 me . the y re ma pp ed the fl ood plain a t that locauon.
he advised. and 1t was deterrruned that the Allen Plant co uld be at n sk for tloodmg in a maj or storrn event.
The plant expansion was going forward , he sa id . and. to protect the plant . the project went ahead and put in
a wall to protect the project at that point. Urban Drainage suggested that they ha ve a ca pital projects
ac count and it is spread o ut over several years, just like our long-terrn ca pttal projects plan . They were
willing tc part1c1pate , but it would take time , so we did the nunimum to protect the plant . We applied for
funding for some addnional floodwall improvements. At this time . for 2001, there is mone y ava ilable on a
50150 basis with Ur ban Drainage for the design of those improvements. and in 2002 the construction
money would also be ava ilable on a 50/50 basis . This has allowed us to bnng in about $75 .000 .00 to
$80,000 .00 in Urban Drainage Di strict partic ipation in this project. he advised .
COUNCIL MEMBER WOLOSY!'I MOVED, A.J'II D IT WAS SECONDED. TO APPROVE AGE:"IDA
ITEM 11 (a) (iii) -CO UN CIL BILL NO. 79, ON FIRST READING.
COUNCIL BILL NO. 79 . INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORJZING AN INTERGOVER.'IMENTAL AGREEME , T
ENTITLED .. AGREEMENT REGARDING FINAL DESIGN A D CONSTRUCTION OF DRAINAGE
AND FLOOD CONTROL IMPROVEMENTS FOR BIG DRY CREEK AT ALLEN WATER
TREATMENT PLANT BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DI STRI CT
THE CITY OF ENGLEWOOD .
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Vote results:
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Ayes: Council Members Moore. Garrett. Wolosyn, Yurchick
Grazulis . Bradshaw
Nays : None
Abseni: Council Member Nabholz
The motion carried.
(b) Approval of Ordinances on Second Reading
(i) Council considered Council Bill No . 36, amending Title 7. C hapter I A of the
Englewood Municipal Code penaining to dogs and cats. as amended.
Council Member Garrett allowed that Council has been struggling w11h thi s for qu11 e some ume . but. felt
that another slight delay might be needed . The Parks and Re c reau on Co mrm ss1on J nd the Code
Enforcement Advisory Commmee have nm set up a firm date to discuss the pilm program. Mr. Garrett
expressed concern that. if the o rdinance was passed in its present form. after the 1h1rt) da y penod. when 11
becomes effectl\·e. we ma y have a ga p between the pil ot program and the effec 1i,·e date of the ordinance .
whereb y "'e \\Ould have a leash la" in our parks that would need to be enforced. before "e had the pil ot
program in place. My re co mmendauon 1s 10 delay 1h1 s a bit. he said.
:Vla yor Bradsha" asked 1f we could move 10 pos tpone . Ci ty Attorney Brotzman asked 1f \,Ir. Garre tt had a
date that he "o uld hke to reset II 10
Counc,l Member Garrett said probably December 3••. He asked when the first meeting 111 January would
be . He interjected that he though Council Member Wolosyn had a comment.
Council Member Wolosyn said she was perfectly m agreement w11h doing this . In talking abo ut the s p1n1
of the whole thing, however. 1t was I who suggested that we pass the ordinance and let staff st1pula1e the
umes . I did not understand then that II \\Ould go back 10 a comm1ss1on . Ma ybe we hould JUSI take the
plunge. thi s 1s the wa y we want 10 pas s 11. In essence. we know what we want s taff to do. \\e want them to
set umes. The ad, 1sory co mmmees advise us. not staff. so I feel lake we arc gemng things out of whack .
Mayor Bradshaw asked what would make 1t oka y
Counc1l '.\1ember Wolosyn said. originally. we talked about some hours. ma ybe we can make those hours a
little more . She allowed that she was staning 10 ge t a little more understanding. and she 1s willing to do
this . but JUSt wanted to present this lmle problem.
Council Member Garrett said the reason u went back to the Park s and Rec reau on Co mm1 ss1o n, and he
would take responsibility for II because of the 1I1Strucuons that came down. was 1ha1 they ha ve a fa1rl :,, good
sense of how the parks should be managed. We thought their input on helping us de signate the tune s
would be helpful. During that process. they decided to JUSt make II the way It 1s. which was a
miscommunication.
Council Member Wolosyn felt it was confusing to them .
Council Member Garren agreed. He said it was confusing and then we thought if the Code Enforcement
Advisory Conunittcc got together with Parks, then both sides could understand what the issues are . W~ are
trying for one date, and Mr . Roth is going to check his calendar to sec if that date works, and 1f It does not.
then we will try to find another one that is earlier.
Mayor Bradshaw asked ifhc would like to take this back up on January 1'" ..
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Council Member Garren said we could do 11 on the 17"' of December, and we would have a chance to pa ss
the pilot program by resolution. or we could do it all on the 7"'. either way . Mr. Garren said he wo uld not
be here on De cember 17"', 1fthat has any impact.
Council Member Yurch,ck said he would personall y like to see 1t passed. as it is gening drug out. and come
January 7"' or January 13'" there is going to be another issue . I don 't know why we cannot pa ss this as-1s
and have the pilot program m place within th1rry days . he sa id . The way I understand 11. this will authonz t'
the pilot program. we are not semng the hours .
Council Member Grazulis said there is not reall y a pilot parks program that is wrinen up ye t, it 1s JUSt
maybe this or ma ybe that.
Council Member Garren said he: was under the impression that we would have to pass the pilot program by
resolution .
City Anomey Brotzman said yes, to get the pilot program in place .
Council Member Garren said bis concern was that it would take action by Council to put it in place.
Council Member Yurchick said he thought this ordinance authorized it m concept. and it was up 10 sta ff to
crystallize that concept.
Council Member Grazulis said she would just hate to see that gap .
Council Member Garren said he was under the impression that the y would have to do a res o lution to
implement it .
City Attorney Brotzman said yes, the pt lot program. And the issue is not that staff can draw it up . but yo u
also requested the Code Enforcement Advisory Comminee and the Parks and Recreation Conuniss1on to
meet to discuss it as well.
Council :vtember Yurch1ck said he was Just concerned that 1t keeps ge mng drawn out.
Council Member Garren said he wanted to make sure he was clear. His concern is that we would have to
pass a resoluuon confimung the pilot program. lfCounc,l action ,snot needed. we can pass it tonight and
ha ve it put in place within tbtrry days .
City Anomey Brotzman said they will need a Council resolution.
Council Member Garren said that is where be got hung up, in that we would have to have a Council
resolution to do something .
Council Member Yurchick said he thought paragraph B was that resolution . He as ked ,f we ha ve to ha ve a
resolution in addition to paragraph B .
City Anomey Brotzman advised that paragraph B requires Council to pass a resolution approving the Parks
and Recreation pilot program.
Mayor Bradshaw said lei's go back to square one. What do we have in place now, without this being
passed?
City Anomey Brotzman said we currently have dog under control.
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Council Member Garren aid . 1fwe pass 11 thts eve nmg . then we have a leash law. a nd ifwe don 't have a
pilot program in place wnhtn thtn y days . that ts where I go t stuck.
Counc1I Member Wolosyn said that is exactly nght.
Mayor Bradshaw said she understands Co un cil Member Yurch1ck ' concern by sa yin g let 's JUSt pass n and
be done with 11. But 1fwe pass 11. we will have people who tlunk they do not ha ve a leash law. and all ofa
sudden. tlus is a leash law . And that 1s not oka y e11ber , because then we have miscommunicated .,.,th the
public.
Coun cil Member Yurchtck said paragraph B 1s not reall y addressing a leash law. 11 1s addres in g a dog-free
zone. I look at this as two separate issues. he aid . I look at the dog-free zo ne. whether n 1s the park or a
separate area . I look at them a independent issues . I gue s .
Mayor Bradshaw said let me try to put ll on a personal le , el. Toda y I wa s wal king my dogs at Ja son Park .
If this passes. then I would ha ve to have them on a leash at the park . and I dtd not ha ve them on a lea s h
today. so I would have been in v1olatton tf we pass thts .
Council Member G razuhs felt ll would be confus ing to o ur consmuems 1f we pas n and there ,s thi s ume
in between when the y can do thi s and they can ·1 do that .
Ma yo r Bradshaw agreed that 11 would be an en fo rce ment he adache tf we pass 11 tht s wa y
Council '.Vlember Yurchick s aid 11 wou ld onl y be an enforce ment headache in the parks . not the res t of the
ci ty.
Council '.Vlember Garren said that ,s nght .
Council Member Wolosyn said. smce we do want to have thts pilot park program. the most pragmauc wa y
is to do them both the sa me night. because 11 ts the same amount. thirty days. She said s he wo uld like to do
it as soon as po ssi ble .
Co un cil ~1ember Garren said no . the re so lution wou ld actually go into effect ,mmediatel y Whene ver "e
pass this ordinance . we ha ve rh1n y days to put the pilot program m pla ce and not ha ve a ga p. because the
resoluuon becomes effecuve 1mmediately.
Council Membe r Wolosyn asked if we could not do this effecttvel y in thirty days .
Counc !l Member Garren said he did not know when the y were going to meet.
Mayor Bradshaw said it is the holidays , and the Parks and Recreauon Comnu ss 1on us uall y does not meet in
December .
Council Member Yurchick recalled that Director Black said they were going to meet at the next Code
Enforcement meeting .
Director Black advised that they are trying to coordinate with the Code Enforcement Advisory Comrnine e .
One of the tenlltive dates that we are looking at is the 13 111 of December, but we have to coordinate with
Code Enforcement to make sure that works for them. If that does not work. it may be that we can push that
date up a little earlier or a Iinle later, we are not sure yet.
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Council Member Garren said, from a practical po int of view, ifwe did meet on the 13'", that is a Thursda y
evening and I don ·1 know what we have to do for noti ces and whamot. but that means that nothing wou ld
be available until Friday the 14'" for our Monday meeting . I will not be here , but I am sayi ng 1f we want to
get this done . !t will not be in the packet, either .
Mayor Bradshaw said it would have to be a separate delivery .
Council Member Garren said it is just that we ha ve timing issues .
Council Member Grazulis said there are several other thmgs going on for several of us to anend on th e
night of the 13'".
Mayor Bradshaw asked what Council's pleasure was at this po mt .
Council Member Yurchick said his concern was that if we put thi s off for thirt y da ys and they do not agree .
and we still do not have a leash law , and 11 1s another sixty da ys before the y agree, or ninety da ys o r 1 0
da ys .
Mayor Bradshaw said let 's just vote. We need a motion.
Council Member Garren asked if the idea was to do it all on the sa me night . or do one and within thin y
days do the other one .
Mayor Bradshaw asked ifhe was proposing to dela y this unul the 17'". Mr. Garren said yes . \lla yor
Bradshaw asked if that was the 17'" of December. Mr. Garren said no , if the y are goi ng simultaneo us ly, 11
would be January 7ttt .
Ma yor Bradshaw said then we would start the new year w11h both of th e m m place, be ca use 11 wou ld not be
in effect until February 7ttt _
Council Member Garren said he would also recommend that the y put 11 on the Stud y Sess io n fo r December
17'", when their recommendations are made .
Council Member Yurchick asked what would happen if they do not rea ch an agreemelll on the 13'".
Council Member Garren said then we would need to make a deci sion .
Council Member Wolosyn said she felt she had made a big nustake in toss ing it out, be caus e it should ha ve
go ne wi th us . We can 't always be sho vi ng it off on so meone e lse, we are going to have to say this 1s how
we se e this .
Ma yor Bradshaw said the disconnect occurred when we had something from Code Enforce ment co me to us
and then we threw it back to Parks and Recreation, we never let those two boards meet .
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO CONTIN UE
COUNCIL BILL NO . 36, ON SECOND READING, TO JANUARY 7, 2001.
Council Member Wolosyn said she was going to vote for expedience also, just to acknowledge her own
error .
Vote results:
Ayes:
Nays :
Council Members Moore , Garren, Grazulis , Bradshaw
Council Members Wolosyn. Yurchick
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Absent ·
The motion amed
Council '.!!ember Nabholz
Mayo r Bradsha" asked "hat that means to the people of Engle"ood at thi s 11me City Attorney B rotzman
responded that It means we still have an under control law, not a lea h law
(c) Re sol u11ons and Motions
There were no resolutions and motions .
12 . General Discussion
(a ) \lla yors C hoice
(1) Mayor Bradshaw said the Jo b of nu~or I a team effort . n t JUSt one person
am o ne-seventh of the Counc il and we all need to \\Ork together he tha nked Coun ti fo r the honor.
(b) Council Members ' Cho ice
(i) Council \llember G ra zu hs
I . She asked about busmes es on o uth Broadwa~ that ha,e not JO med he Engb,ood C hamb<r o t'
Commerce. When they get read y for a grand o penmg. 1s there an ~o ne from ,he C1t~ thJ t JI !eJ st goes Jnd
a knowledges that the y are o pen. as a good \\Ill gesture . like a \\'e kome ,\.Jgon t~pe thm~' 1 he ChJmber
makes It a reall y 111ce thmg fo r llS members On outh Bro ad"ay I see J lot ot' grand openmg ,ign nd I
don't hear a thmg about 1t 1fthey have not Jomed the hamber, she said
Director Simpson responded from the audience that the . are usuall)' not a\\are o f the ex ac t 11me anJ \\C. a;
a Ci ty. have not done anything .
Coun cil Member G razulis asked 1fhe would like her to let him know tfshe hears abo ut anything, because
there are a couple coming up this week. Mr S1 mp on said he "ould love to know about them so "e c an
send a letter of congratulations.
2. he said she went to Kman ·s grand o pening on Saturday and you could not find a pla ce 10 park .
Mayor Bradshaw said s he was the re at 7:20 a .m .. wi th the Littleton Hi g h School band 111s 1de Kman
(11 ) C ouncil Member Wolosyn
I . She offe red cong ratulatio ns to the newly e le c ted and re-elec ted Counc il members. She said she 1s
looking forward to the next rwo years .
2. She sa id the report Sue Eaton wrote on the retiree health insurance was very thorough and he
really appreciated all the detail.
(iii) Council Member Garrett
I. He thanked everyone for letting him serve as mayor pro tem. He said he would try to do his bes t
in that capacity. I • 0
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2. He said sometimes it is a question of semantics . He docs not feel that Council shoves things to
citizen committees. But Parks and Recreation is very sensitive about what we do as a Council that affects
them, and so I like to overly protect them sometimes to be sure they have mput.
Council Member Wolosyn said that is good. and she thinks that is what we should use liaisons for.
Mayor Bradshaw said she did not know if anyone had received the press release saying "Englewood Shines
with the Spirit of Who-ville ." That will be December I". and kids bring toys for the Toys for Tots. They
can have their picture taken in front of a replica of a Who-ville set from the movie. So there are big things
happening at CityCcnter on Saturday, December I" and Sunday, December 2nd. she said.
13 . City Manaaer's Report
(a) City Manager Scars said the onl y thmg he had was about the holiday fesuvmes . He said
it will be pretty exciting and staff has worked very hard m puttmg this together. He expressed appreciauon
to everyone who stepped forward on 11, especially with the traffic issues that are going to be gomg on that
weekend.
(b) City Manager Scars thanked Council for working with staff regarding the retreat. He felt
it would be positive. He said he would be working with Carl Neu 10 get things organized . As a staff we
appreciate Council, and we arc looking forward to the new Council. We arc here to serve you. as we have
done in the past. We know that directions will change and we will be ready to meet those new challenge s.
14. City Attorney's Report
(a) City Attorney Brotzman offered congratulations to the new mayor and mayor pro tern.
and promised not to call Council Member Moore the new guy .
* * * * *
Council Member Garrett said he and City Manager Scars were going to Frisco, Colorado next Tuesday to
talk about development and the Wal-Mart issues , which we also have had .
15 . Adjournment
MAYOR BRADSHAW MOVED TO ADJOURN. The meeting adjourned at 9 : 16 p .m .
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED VISITORS
DECEMBER 3, 2001
NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE
MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS
PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC
OF COMMENT.
PLEASE PRINT
NAME ADDRESS TOPIC
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Student Artist Recognition
December 3, 2001
We're pleased this evening to be honodng the students "hose artWo,k is featu,ed
in the Englewood 2002 Ca\enda, -"a celebration of student art." The City held an art
contest that w,s open to a\\ students who live o, go to school in Englewood. We ,eceh·ed
ove< ,oo entries from students in pub\k sd,oo\s, private schools, and home-schools in
Englewood. Fifteen entries were chosen for the calendar.
The artwork was chosen by a selection panel made up of City Council Members
and Englewood's Co\tu<al Arts Commission. \t "" my hono, to ,;e,ve on the selection
pane\ 1o, the 2002 Calenda,, along with City eound\ Membe' .Julie Gra,ul\s; City
Council Membe' Olga Wo\osyn; CUitural Arts Commission Chai, E,k Bertoluni;
Cultural Arts Commissione,s Joe\ Bu"age, Kate ou\,ney, John Gates, Janet Moo«, Roy
Tom""'; and Jenni!e, Porte<, Edueation Oi,ecto, fo, the Museum of Outdom Arts-
Choosing just fifteen pieces of art to include in the calendar out of the many
wonderiu\ entries we """ived "'" not an easy t,sk -thanks to the selection pane\ fo,
their efforts.
We will be returning the artists' original artwork this evening. We've had the
pieces matted and framed . The artists w\\\ also ....,,;ve a eertifieate of congmtu\ation,
We'd like to offe, , ,peera\ thanks to A & B custom f"ming he« in Englewood fo,
p,oviding a genernus diseount on the costs of the fr,ming. And thanks, too, to the ,est
of om ,pon&>"' Colonra\ Bank, Mi\\e< Weingarten Realty, Mose, p,inting, the M u,eum
of OUtdoo, Arts, the Great,e, Englewood Cham be, of eomme<<e, Community fi,st
National Bank, Red Bird Farms, and Cornerstone Books -
eoundl Membe' Olga Wo\osyn w\\\ be helping me hand out the certifieates and
,eturn the artwo,k this evening. Olga"'" ve,Y involved in planning this yea,', ,rt
contest ,nd ea\enda,. Thank ynu, Olga, 1o, you, dedkation to this ,peera\ prnject
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And the 2002 Calendar artists are ...
s Michelle Ball, a 4th Grader at Charles Hay Elementary. Michelle's artwork,
"Mehndi Hands," appears on the cover of the Calendar. The piece was done with
glue, paint, and oil pastels.
s We have two artists featured in January -The selection panel liked both of them so
much they couldn't decide on just one. [Call each artist up individually]
Alyssa Fellows' piece "My Personality African Mask" is made with various layers of
color. Alyssa is a 5th Grader at Clayton Elementary.
Melissa Donahoo's artwork is a different "My Personality African Mask" using the
same technique as Alyssa's. Melissa is a 5th Grader at Clayton Elementary.
s Dustin Schwartz, a 10th Grader at Humanex Academy. Dustin 's dra·wing appears in
February.
S Lauren Greiner [GR/NER] is a 1st Grader at All Souls Catholic School. Lauren's
artwork, "Animal Stack," is featured in the month of March .
s Seth Bludnick is a 1st Grader at Charles Hay Elementary. Seth's collage "Five
Leaping Lizards" is featured in April.
s Natasha Fish is a 5th Grader at Solid Rock School. Her artwork, "Bright Fish," done
in pastels and glue, graces the month of May.
s Jake Michaelis [MIKAYLISS] is a 3rd Grader at Charles Hay Elementary. Jake's
artwork "Mine" is featured in June.
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s Briggs Buckley is a 5th Grader at Charles Hay Elementary. Briggs ' "Cali e nte Crab!!!"
batik appears in July. This is the second year in a row that Briggs has had his
artwork featured in the calendar.
s Sammy Sauers [SOURS] is a 4th Grader at Clayton Elementary . Her artwork ,
"African Mask ," appears in August .
s Michael Munds is an 8th Grader at Flood Middle School. His drawing, "Unusual
Friends," is featured in the month of September.
s Jason Van is a 4 th Grader at Charles Ha y Elementary. His artwork, "Aboriginal
Dream Snake," appears in October.
s Forrest LaChapelle is in the 11th Grade at Colorado's Finest Alternative High School.
His artwork, "Splash of Flowers ," brightens the month of No vember in the ca lenda r.
s The month of December features two pieces of art with a similar theme. [Call each
artist up individually.]
Joseph Merritt's artwork is called "Go Tell it to the Chicken ." Joseph is a 1st
Grader at Clayton Elementary.
Kaden Downing is a 3rd Grader at Clayton Elementary. His artwork is entitled
"My Best Friend is a Chicken."
Congratulations once again to all of the artists whose work appears in the
Englewood 2002 Calendar. We 'd like to offer a special thanks to the art teachers and
the parents of these creative students for their support of the artists and the cal endar
project .
Thank you all for coming this evening to help us recognize these talented artists .
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There are plenty of calendars available in the back of the room --make sure you
take some home with you before you leave this evening .
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PROCLAMATION
HEREAS , long-time Englewoo d resid en t and merchant Vesta Frank vvi ll turn O ea rs o ld
o n December 3, 2001 ; and
WHEREAS, the City Council of Englewood v. ishes to honor Mrs. Frank on this very spe cia l
occasion ; and
WHEREAS , Mrs. Frank has owned and opera ted th e ,\lini Flea Mart at 3-141 So uth
Broadway in Englewood for many years , and ha been posi t1 ,el im,o lved in th e com munity and
wi th her neighboring business es; and
WHEREAS , Mrs. Frank arri ve d in olora do at th e age 0 1 5 in a cove red wa gon accompanied
by her father's brand new Model A Ford ; and
WHEREAS, Mrs. Frank began her busines career in th e 1930s, became co-owner of th e
Mini Flea Mart in 1988, and toda is the o ld st kn O\\ n sh opkeeper in Englewood; an d
WHEREAS, Mrs. Frank has been an in pirati o n and role model to those who kn ow her; and
WHEREAS , the Greater Englewood Chamber of Com merce is coordinatin g an eve nt in
honor of Mrs. Frank entitled "Celebrating Vesta 's 90"' Birthda y" to ac knowledge her personal! and
to generate interest in loca l shops and stimulate sales ;
OW, THEREFORE , v.,e , the City Council of th e City of Englewood, Col orad o , hereb
congratulate Vesta Frank on th e very special occasion of her inetieth Birthda y, and wish her
continued health . happiness, and success. The Cit Counci l encourages community members t o
participate in the "Celebrating Vesta's 90"' Birthda y" event on Dece mber 3, 2001 .
GIVE under m hand and seal this 3•d da y of December, 2001.
Mayor Be ve rl y J. Bradshaw City Council Member Julie A. Grazulis
Mayor Pro Tem D o uglas Garrett City Council Member John H . Moore
City Cou ncil Member Ann abholz
City Council Member Olga Wol osy n
Ci ty Cou nci l Member Michael Yu rchi ck
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ORDINANCE NO ._
SERIES OF 2001
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BY AUTHORITY
CO UNCIL BILL NO . 74
I NTRODUCED BY CO U NCIL
MEMBER WOLOSYN
AN ORDINANCE AUTHORIZING Ai'\/ INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COLORADO DEPARTMENT OF LO CAL AFFAIRS (DOLA) AND
THE CITY OF ENGLEWOOD FOR A GRA NT PERTAINING TO A SMART
GROWTH HOUSING STUDY .
WHEREAS , City of Englewood and RTD a pplied to the Co lorado Departme nt of
Local Affairs (DOLA) for a grant to assess the hous ing market foc u sed on the
General Iron Works redevelopment and workforce housing in the Southwest Co rridor :
and
WHEREAS, the DOLA Grant of S 19 ,000, will be fo r the a ssessm e nt of the
housing market at the new Ba t es Stati on as we ll a Tra nsit Ori ented Deve lopme nts
(TOD) generally ; and
WHEREAS , Englewood wa s designated as a --Gove rnor's Co lor ado He ritage
Community 2001 " in the program run by the Smart Growt h DIVl ion of t he
Department of Local Affairs ;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY
OF ENGLEWOOD , COLORADO , AS FOLLOWS :
Sectjon I . The City Council of the Ci ty of Englewoo d. Co lorado hereby a uthorizes
the Intergovernmental Agreement betw een the Color a do De pa rtm e nt of Loca l Affairs
(DOLA) and the City of Englewood , a cop y of which 1s ma rked as ··Exhibit l " a nd
attached hereto.
Sectjon 2. The Mayor and the City Clerk a re here by a uthorized to si gn a nd a ttest
said Intergovernmental Agreement on behalf of the City of En glewoo d .
Introduced , read in full . a nd passed on fir s t read ing on the 191
• day of Nov e mbe r ,
2001.
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Effac::ive 1 Or.20 00
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THIS CONTRACT. made this __ da y of 200 1 , !)y and betwe«'I :he Stare at
C-iiorado ti:.-!he U"8 and ~nefit of n, C!PWVI],ot of I QCll Alfa/I]. 1313 Sl]tar.ao Sb#, Denver Colorado
80203 twwnaftllr 1'11farred to as !he Stare. and tDI c;ty gt !:.~giewood, 1000 E.,s;ffWQOd fwmy E.'lq/eweOd.
Calonlco 80 11 0 , herenatter r1!fetTed to as the Comrac:or.
WHEREAS . aUlhonty ~ in the Law and F'Jnds have~ budgeled, ao~ and Olherwisa made
~ and a sifflcent unencumbered balance :nereof :-emains avaatie for ;:ayment in i"und Number 14C
~lltien Code Number~ Org. Urut FJOO Gal Contrac: E.'ICJmbranee Number
Fl2CH001 12A · and
WHEREAS, reqund aoon,val. dearance and coorc!nal!on have :,ee,, accomplished Imm and wrth
ac,poo, tallil agencies; and
WHEREAS. the Stal8 des;res to assist :ocal ;ovemmentS and pollllc:ai sub<:IV!s ,ons of .tie Sta12 :hat are
epenenc:ng social and economic: impadS resulting from rapid :opuiallon ~ ,n Colcraao: and
WHEREAS, ~nt tc sec:lQn C.R.S . 24-32 -3 201 ro 2L.32-3209 . the 2000 General Assembly. through
House Bt11 1,21 . aaatlld ..,.tt,,n the ~ent oi Local Affairs {DCI.A), :ne ~ce at Smart Growth (OSG) to oe
l'leadeCI !:)y !he &eaJtive Dilec!cr 'Ji !he OCLA with th e power.; an d d!Jlles ~o ~m1111a:er jie OSG tc induce th e
_,,c; and acc,rcval at aop,'cations for Colo~o Herita;e P'a nr.ing Grant ~ram {CH PGP ) i=ur.c'.s (the Fund )
awarcled :::v tne OSG tD trlose e.ig1t:le ;iarttc:;anis one or "l'\C!'e local ,;ovemments l th at Siltis.'y the 1'11Gllinlments ior
grant etie;ltility pursuant 10 C.R.S . Sedon 24-32·32'J3 (3 ): anc
WHEREAS. :tie C.:intrac:cr. a pcl itk:af subc:11v 1S10n e:ig,cle :o l'1IC9ive C?!-!G? !"•Jnd as111stance . :ias aooiied
· tD the Oepar.ment for a9S&SlanCe : 3nC
WHEREAS. lne Executive Din,c:or of :he Departmer.t des ires to d!slr.tlute said 11.;n ds pu rsuant to !aw fer tt:e
Pro1ec uoon muDJally ~le temls and condil!ons as nere ,n after set !'or1h .
NOW TliEREFORE. it is hereby agreed t11 at:
, . Sc;:oe of Seryjcas . In consider;Ucn ~or :t:e rr.o nies :o be received frcm the State. :ne C.:intrac:cr snail
do, :,erlctr.,. and r::arry out. ,n a satisfac::tory and oroper ;nanner. as delem11ned t,y :he State. !II wori< !lements as
lndlcatld in the "Scope at Service5'. se( fem ,n !tie attached Ex:1i btt A. hereinafter referred to as the "Projec:. • W ori<
pef1armed prior to !he exsc:Jtion of .h is Contract shall :iot be consicerad part ot :n,s PrcJed.
2. R1t5QOnsihte A<:m inisiratcr. The perlcrmance of ':le sar.ricas rec;und hereunder shall !:le ur.c• 'lle
dlred ,uc, "VISIOO Of Maf1I Granam , an em;,loy" or a~t of the Comnc:cr, ·..t-.c, i$ hereoy de51gnatad as the
admmlSlnl:or·~e at tt,,s Projec:. At any tlme jie admin,s:rator-in-charge is not assigr.ed tD lt11S Projec:. all
wo,1( snail be ,uscer.ded unUI !tie C-Jnnc::or assigns a m ut1;aJ ly :ic::;ep~e replacement adminlSlratCf..;~e
and trle Slate receives notfflcat!on ot sud'I replacement a53ignment
3. ]me at~ance. nus Contract shall become e!fed'le upon !tie proper ell8QJ!ion of !his Contrac"~
The Project conl8mplated henlln snall commence 3S soon as ;:radcable after !he exac:ution of !hi$ Contrac: a,,d
9hall be undenaken and l)el1am1ed in the sec;uence set fcr.ll in trl e "Time af Perlcrmance' Sec::ion ccntaine<I in the
allact:ad e.~nlbit A. Expenses ,ncu!T'ed by !he Contractor In assooallon w,th S11Jd Prqect ;:nor !D exeo.rtiori of !his
Contract shall nor !le considered eligible expendllures fer reimou~menr from !rle Stall!. The Conlradlol' agrees that
llme Is of me essence in Ille pe,fannance of its obllgallons under mis Con1rlct and that compledon af the Project
lllail oci:ur no lat« lhan lhe coms::letion data sat forth in the "Time ot Pe,fom,ance· Section of Exh ibit A
A. A!,llhcrity Ip Entpr imp Coo!AGI IQd P'Plil!ISI with Prgjfg. The Con~ assures and warrants that
II la aultlaltzed by ieglllaliYe approprtaaon to expend f\inds by this Connet.
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5. Cgmpenylion ar.cj "'1eth9cj -:I l?Jyment. In cc:ns,ceraiion ftir the~ and services to be pe,fuamecl
hereund•. the Slala agrees to provide :o !he Conirac::cr a grant from !he Fund, 'n an llfflOUnt not to exceed
NINETEEN TI1QUS,'NC .ANO 11101~00 ·····Collar, ( s 19.ooo oo ). The melhoc and ~me of ;:a)'ff!el':t of such
grant II.Inds Sl'lall l:le mace ,n ac:con:an~ Wtt.'I !he ·Payment Sc.'lecu le' set fOtttl ,n E:ah1b1t A.
a) Airy State funds not exper.ded in connec:ion witn the Prcjea shall be remitted ll the Stallt upon
coml)lellon of tt,e Project or a de1arm1nalion ::,y :!'le Slate tl'lat :ne Projec: WIii not be oomplet9d.
b) It is u;nssiy understcod !hat if the Contrac:or :-9C8iV8a funcs from !his Connet In exceu at Its
llsc:al year spending limit. all suc.'1 excass funds from :nis Contract shall rvven to ltle State. Under no
c:in:umstanc8s shall exc:ass :ur.ds ft'om this Conll"ae :e refunded to od'ler par'lleS.
7. F'tnandal r,tanacement At all times ft'om !he effedive date of !tlis Con11'8C:t until c:cmplelion of ttiil
Praject. lhaCantnlctarshail mainaa1n proper,y ~ accountsofS1al8funca. :natcning funds. and01herfunds
-·,'lid with this PrQjed. All receicts and ex;:,enditul"N aMOQ8llld with said Pro,ect stld be doeumentid in a
delal1ad and lplCilk: manner, and shall be in ac:cordanc:e wrlh ttle '9udgeC" See:ion set lorttl in Exhibit A. Contrac:1:lr may..-individual budgell9d i,xpenditure amounts up !he lim1ta!ioni set !ore! in ~ 8.b) of the main boay
al hs Contractwiltlout approval of the Stata . Any !ludgetary moclllc:illons !t!at uceecs '!tle limrtationa Ml fol'th in
Paagrapl'l 8.0) must adhere to procecures set fcrth in ;::,3ragraoh 8 .c ) ,n orcer ll moellfy !he Conzract budget.
8 . M9sl'gldgn and Amendments .
a) Modltlcallon by OperaUon of Law . This Connet :S subject~ sue:, modifications as may !le
rwqulr9d by cnanoee in fecerat or state law ar .-egula!lons. /4J'ly such :-ec;uired mocificalions shall be incarporated
Info and be part al this Contract as :f fully set fen,, r:ere,n .
b) PrograrnmaUc ,r 9ydgetarv Cr:ang,:s . This C~nct has a simpiifled Change Letter pnxedure
for modifying this CQlurac: for 118 fcilowu,g l"NIOns:
i) unless Olt1erwia soecftea ,n :ne Scope ot SeMCM. when a;muiative bud~etary llne
iliem d-.anges exceed Twenr; Thousar:d :;)ollars ($20,000.00);
u) when any budget :-anafen :o or =etween adm1nisntion :,udgatary c:a111gories ara
proposed ;
W) when the scece. ocjedive or completion dale c,f :he Projec: changes as deu,rmined
by !tie O~ent
Iv) when acdltionaf or :ess State !undi~ ,s needed:
v) when lhere are aC:C:iticnal ~eral sta11J:ory or ~ulalery compliance c:hanc;es in
ac:cordance wrtr'I P~:aph 22 ot :he Onginal Contrad.
Under such cln:umslance&. !he Oepartmenrs approval is nol binaing unlil memorialized In a fully executed
~ Lettar as spedfted in subparagraph c).
c) Change Letter Process. Cor:nc:tor must submit a writtlln rwquast to the Oepam,ent if
programmalic: or budgetary modificalions ara desired . Page 1, Resoor,sibte AdminlSlnltcr; Paragraph 5 •
Compensation and Meihod of Payment: and E.xn1b1t ii<. Scope of Services, may oa modified !)y Change
l.atlar. signed by the State and lhe Con~or. Upon ;iroper ex~tlon and approval, such Change Letter
shall beeome an amendment !o the Connet effel::ive on :he date spdad :n :ha Lel!ar. No such Change
Leerar snail be valid until aoproved by the State Controller or such assistlnt as ha may designate. All oit,er
rnodlllc:allans ta this Connc: must :::e accomplisi':ec :hrouc;h amencmant !o the Contract pursiant to fiscal
rules and in acccrdance with subparagrapn 8.d).
d) Olrier Modifications. If eitner !tie State or the Contrac:1Dr dasiras to modify ltle tarms of this
Contract Olh• lhan u set fot1n in sucparac;rapns c) and e) acove. writlen notice of the proposed modltlc:allon
ltl8ll be given to the Olher party. No sucn modlftcalion snail :aka effect unlees agreed to in writing by 00111
pa,1les in an ama'ldment ID this Contract ;:roper1y executed anc aooroved in accordarce with applicable law.
Page 2 of 7 Pasea
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CORRECTION
TH E PR CECIi' G CCC:.. ','E ',, C:' !:! .-! ·., r:-:,.!.~ !:. :1,1
FiE :WI CRCFL\ ED ~ ,.J .:;~:..F" :: .,!'!LIT: -1 '.C
ITS I T,J,GE ,.J P _ _.i.FS /,. \ i:i,.!. ,-::_ f ·~F .),r,E.:::.
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ORDINANCE NO._
SERIES OF 2001
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BY AUTHORITY
COUNCIL BILL NO . 74
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE AUTHORIZING AN INTERGOVERNME'.',ITAL AGREEMENT
BETWEEN THE COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) AND
THE CITY OF ENGLEWOOD FOR A GRANT PERTA1NING TO A SMART
GROWTH HOUSING STUDY.
WHEREAS , City of Englewood and RTD applied to the Colorado Department of
Local Affairs (DOLA) for a grant to assess the housing market focused on the
General Iron Works redevelopment and workforce housing in the Southwest Corridor :
and
WHEREAS . the DOLA Grant of $19,000 , will be for the a sessment of the
housing market at the new Bates Station as we ll a Transit Oriented Developments
(TOD) generally : and
WHEREAS , Englewood was designated as a '·Governor's Colorado Heritage
Community 2001 " in the program run by the Smart Growth Division of the
Department of Local Affairs ;
NOW , THEREFORE, BE IT ORDA1NED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO , AS FOLLOWS :
Sec;tjon 1. The City Council of the City of Englewood , Colorado hereby authorizes
the Intergovernmental Agreement between the Colorado Department of Local Affairs
(DOLA) and the City of Englewood , a copy of which is marked as "Exhibit I " and
attached hereto.
Sectjon 2. The Mayor and the City Clerk are hereby authorized to sign and attest
said Intergovernmental Agreement on behalf of the City of Englewood .
Introduced, read in full , and passed on first reading on the 19'h day of November ,
2001.
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Read by title and passed on final reading on the 3rd day of December. 2001 .
Publis hed by title a s Ordinance No ._, Se ries of 2001. on the 7th day of
December, 2001.
Beverly J . Bradshaw, Mayor
ATTEST :
Loucrishia A. Ellis, City Clerk
I. Loucrishia A. Ellis, City Clerk of the City of Engle wood . Co lor a d o, he reby certify
that the above and foregoing is a true cop y of the Ordinance passed on fin a l reading
a nd published by title as Ordinance No._, Series of 2001.
Loucris hia A. Eilts
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Nr, amendment reQUlnld per !tllS ~will~ me~ at otner aopropna!!! s;ie ;;genc:es.
IL~ Allane'( Gener.I. Sbte ~. elC..
9 A.ueftt.
a) ~ Aydil The Slale. !!Wugn ltle Emcar,e Cirec::cr ct :ne Oepartrnent. tl1 e
~ Audm. OI any ot tt,er dUly aJltlcrlzm ~~. illdudlng lfle rr;r:t D r,~ an indepenaem
C.tr1lllld P!IDIC .Aa::curu of tt,e StiRe's c:iocvig, °' 1!'le feder.l gvn,,, 11 ne. it or arry of c prooelY oelegall!d
or aulllllrimd ,epewlGlll\95 snail rtave rt n;nt :c ~ exanma. and :u:m :ne ~s (anc any
51Dailla:ID(S) A!ICCra5. coob. acmns ... -id odier relevant oocurnents. Sue:,~ auC11t may be
~ at any ume ald :er~ reason fn:m tt:c ~ .. cae of ttus Contraa Wllll :'ive (:J ye;r.; ~ :-.e
C111B 1'lal paynaa far ttus Pro,ec: IS recmveci by tile C=trac:or, prov,aea trl3l :?le ;;uclt s ~ dur.:-.g
nonna lllaa'S hours..
bl Mandpy Audit V'o1ll!ltW er not tne Stale cais !er a d5:::mcn.ry al.lClt .is prov,cea
ablM. the CanlladDr.,. indude !tie PTo,ect II an annual auait l1!Pll't a& l1lqUAli by Irie ~ Loc:ll
GaN111ac/lullil. law, C.R.S. m. :zs.1~1. ~~ :ni siaee w~llliig ruas ~ ~ Suen
allfi ,....a sllal be sinutanecu:sfy suixnlmd 1D tne Jeca11ment and !he SlalB Auaitcr. ~. :!'le
Cmll-=rflll ~ 1he ~wiUM:cpes ot 31 coc1esocwldolnce rran ttie Stale AJJ/fJ1DI -ro
._,._. audit~ tttnealdlrev-* 9Vldence at ~woiti aGClllCIDle rec=emencs . :lie
ee.-•1a.t~lhenght1DinslilualcallDiaalC8arO!tier ~ pnx:ee,::r,gs ~ a.iy
Olta"JIDClilaradn••ariweac:ticnl fillC ~ :c C.Rs. ~973. ~1-o01 °' :::s-1-60e
10. P~ The~ snail pa,11:tm its~ ne,eunaer as C-.mr~ and "lCt ;as an
""*"9eaf lhe Slal8. Nedhs1he ~ nor any agarn 01 em,iayee ot1he wn irac::or s:-..il be <:eanea
11 i • n ••••.. : •• lhn i'1rdn r m.rTTrr M1II nw ll1W1 ~"' Iii l'f'!1I 1mi f""ln1WrTnlT irma ill1d nccaa tax ~l!I, sral provide and kmg it /crce ....:,run m,05...-,., and -sl'\o;j ~
l.1SlalCIII and 111e114*>Y,,e.tw1w..alica1 imnnc:e in :!'le amount!~ by law o.'\C s:-..il be so-r
,esp:11Siie lor'!he aas at ttie ~. :ts errs,c.w and agere.
. The ~IS ,i!Sj)Ui.sible b pRMdin; Woni:ers ~.wwww C..~ anc !Wr.DICYIT8•t
CU.1'21 . I~ for ail of its &1:;,iu,.W lO lhe amnt ~ r:ty :nt. ¥la /or ~rol/Cln9 SUCl
a,vwage .:cr lflemseM!s. (n :10 caw ,s "8 ~~ta pro~ M:;."l(Bf's ~
eo-a;a fer any empoy-or ~ mac:u-s ot c.:.nrm :xnuarn :xi Iha :,a;rNme11t. -.'l<l c.omrac:or
agra. 1D indamify 1he Slatll for ~ c::ms lcr wn,c, tne Stlle may be :a..i ~ '" :!115 ~
11. Conlrac:cr AA tnaepc;,dent ~ C::nr.acr shall :ie an ~ant ~:i:rac::cr ar.o cm,.. no aultu1Z311Cii. e=res or fflDiea. :o bnl tl'IE: ~ ll:> any ~ts. ~. millty
or 111idastadng ~ as mq::,essiy set ftlnn l'len!ln .
12. Conftic: ot lrireret. The Ccn1rac:cr !."lall corr.cly Wlitl :he provcsxr.s I C.. S. '~308 af'IQ
C.R.S. 24-18-101 tnniugn 24-18-109.
13 . Conqact Suspensacn . If ttll!! c.xitrac:or fails tc CCfY1P'Y wllh arry c:::ntraCJa, ~=. :he State
rra,. 3ftlM' noclce lD tne G.Ydr.lexlr. ~ :rie Conirac: .no Wffhr:old ~..-.er payme11!5 .:ir ~ro riic rt :ne
Cootra:::cr from tnClrT'Jn9 adc!illcnal obligalicns of ~ f\Jr.ds, per.l.~ c:::rrec::ve ac::ion =y .he
Corma,::icr or a decslon to temlnale 111 .-::ccrc.r.ce w1lh prov1s1Qn.S herein. Th e St.a te rr.sv ~e!emune to
#OIi such nea:ssary and ~ costs wnidl the ~= c:::tJld not reason.o,y .ivoio :ur.ng :ne peood
ot su:spensacn provided such costs went necess..r;, ano raa=able x:r the c:::ncuc: ot :ne P•qec.
14 . Contra<:: 7 emunapon This Contra<:: m.ry be temuna'.ed as foilaws
a) T erminanon Dye to Loss gf F•;pding . The parties hereto ei:iress:y ~ecognize .h a t :he
connc:cr is :i, be paG. retmtllned. or aiherWISII cx,mpensall!d willl funds pro v ided :o tt,e State fo r th e
puri,ose ot c:cntracling for ttie seivices provided fer herein. and ltleretore . :he (:,jntr=c,r exp ressly
u,idastalds and ag,-s :hat all tis nghts. demands and c!aJms to ccmQE:115abon ansmg un oe< :t,,s Con!rac!
ant alllllllger1I us,on recape 0, sudl funds by the State. In t11e event :hat sucn ~s or any pan tti ereof a re
nae l'BC8IV9d by the State. ltie Stale may immearate!y !E:l'lT'.inate or amend 1t11s Co ntract
bl Temata11ian flor Cw. If. ltlrotigl', any cause. i!'le Contrac:or shall tai, :a furfifl ,n a tlm e ly
and Sl")plr manner its obligalians underlhis Contrac'~ or if 1l'le ~r snail violate 311 y ot the covenaPtS .
agaN1a.t.. or stiputatlOns of ttus Conlrac:t !tie Slate .shall !Nlf'eupon have !he nght to termna,e th iS
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Contrac: fer c:iuse by giving 'WTitlen ncdca to the C.:X,tr.ldcr cf sud! lamination and ~mg lfte eft'ec:ive
dala ltlenlof. at least tww1ly ('20) dayS before 1h11 etr.c::ive dale of sudl termna1ion. In Ilia« -,r. al fnllled
arurdlnished documllnts. data. slUdies. ~.drawings.~ mcdelS. photographs. and 111PQ11Sorcdlllr
fflllllrial ~ by !he ContradDr underll'IIS Cootrad stlal at :he~ cf the Slam. becOme Its~,
and lt'JI! Caicrac:cr shat be entitled to ~ JUS1 and equitable compensa1icn for any satisfacc,y wor11:
CDmOlellsd on SUC1 dcaiments and aerier '1"Bll!nal:s
NCl'dtslallding Irle abowe. 1tle Connc:cr shail not be reiewd af 5aoilily to !he Slala !Dr :1n'f
damages susrand by lie Stale by VirlUeot any bAlcl "'the~ by ht eonn=r. and 1tNt S1aa may
wiltlftOld any paymentS ID tne CQlllr.ldlY 11:lr 11'18 llUl'l)CM of Se!Cf und sud! !in1e as !tie exaa amount at
damages dua 1h11 Slal8 from ttle COl'llraC:cr s delllllmll iad.
c) Te.cJ•YN•fQrCqm,anielg. The Staa ,ray tefflWlaalhis Conlractatany lime !tie State
dll8rnwia ltlat !he puriaes cf the dillnbulicn ot Stare l1'IOl'lm uns N C :nnc: would no longer be
MIWG by CC:.iil*iio,, of the Pn:iject. The Slale st -~ effec suc:h lllfflliiil0Dii ':If giving wrtllln l10IJCII cf
•11awlic:w1 la !he~ and Sf*4J"l9 !fie ~...:ive cs.--.• W:-,ty (20) days beb9 l!le
ellldhe dam at such lllnni..mon. In the -,rot :emunaicn fer ccnweueca. al li1islled or unfinished
~ and oCller' malllfials as des::ribaa 11 ~l'i 1,.b) alDle 51111 . at !tie ogiicct of !he 51a.
lleccme its pn,pe,ty. lf1tleConaact is ll!i,,ia..aci by ine 51all a Dfawidld llenlin. :ne~wil be paid
an mDll'lt wtlir::l'i beas Ille same ralio to oie IOCII ~ISilD'i a :i. awm ~ I* fa,,led baa'
ID lie 111111 serwzs a/lie~ cawer911 by 1t1&s ~ Ila paymns ot~ 1· n preonousay
nade: ~ tiawever, lhatifless Ulan sixty pen:ant (~) oltha_.,.. CMled by IIIIS CCnncthlve
lleell pa tuned upan lheell'eclive dale"' such tllffl1inall0n. :tie~ ... baraimDur.ied rin addltlan
1D lie aDav9 payment) for 1hat po111Dn af tlle ac:isa, out-of.:pc,d(el e:.q,enms (not cltWWise rerT'IDUl'!ed ur.c:er
llis Came:) inalrred by !he Coolr.ar:D' dunng ttle Connc:: pengd whid'i -andf aanbuQbje !O :lie
unca14)Mlll!,d partlan oltt.a ~ ccverec by lh,s ~
15. lnflllJillRD. This Connd. .as wrillen, with~ and ,meic:es. lS inllnded as !tie
~ •• -...otai 111mlta.diWJ ~ the patties atttlis line md na pnaror w1111ii,111U1aw
.-in. dlillbt ar an•11l11•1l llers shll have any fcree IX ~wllaSoeYa'. unless ernoodied in a
Wlillrl aultoizaliuc, orc.::mactall*ldmen« i.lC:lrJ)(lralii 19 SUdl dlanges. !ll8CUlall and~~
111¢.1 ......
16. S..abily. To !tie ment !hat this Concrac: may ba aac:,led and l)erlorma11c:e of !ha
JC Pg If IS of 1tle iar1ils may t>e ac:complisned within !tie intent of !he c.:xma::. :tie !Sml c:l ltlil COl#act
.. .,.,.., and ShaUld al't'f tl!ffll (1f pn,vi:sicn hereof be dedanld iNaid (11 ~ iriUj.M3llve far any
ieacn, SUC!'I invlddityor 31ure snatl not affect lhe validily of ar,y ca.am or provision l'ien,d, The wawer
al my !:lreacll at a 1111m llereof shal net :le ccns:ruad as waiver of any OCher term nor as ·.waiver at 3
~ tlreacft ot Ille same tenn.
17. e;ncmaon s...,...,...,,.,. E=epiasnerein olhewlse PRMded. :hisa,;.~snai• 111Uretc the
benefit at and be tllldlng upon Iha partias. °' any s.lbcontrac:cts heta:>. and !haw ~ succ:esscrs
and assigns.
18. A:.@a Pl a ,l Neither party . nor any suba>ntrac:c~ l'iinlD. rT"rJlf assign its ngl!!S or du bes under
lliS Cal1rad wdllout 1t1e prier Wl'itlll!n c:cnsant of :ne OCher party. No subc:cnlrad 0t transfer of Contract snau
ii any case release Ole Contrac=r of liatility under :his Cauract .
19. SurvivalofCm;Nn Contrac;; Terms. NotwittlSWldr.g aiy11ungherein ta the conlra/y. thep.r.>es
underst.nd and agree that a4 !erms and c:,nciilicns cf th.s Conuac: 3"d lhe exllblt! and aaac:,menis hereto
which r.;ay require CJnlinued perfcnnance or compiiance beycnd :,,,e termination date of !Ile Contrac: snan
surnve sud1 termination dale and shaR be enforceilllle by '.he Slate as provided herein in the event of ~c:,
failure to perform or comply by the Contrac:!or o< ,ts suOC::nlr.leters .
20. NJ9?""¥1! :n Interest. In lhe event '.he ContraC'.or rs a,, ent11y fomied under ll'ltergovemmerrtal
agreement and the PfQJed is fer the acquisition . conslt\lc::cn or reains:n.'Clion of real or pe~ prr ;erty
ID be used as a public facltty or tc prov,de a put,11e serw:e. me Contrac::cr wan-..nts :ti.I ~ has estatiisned
protec::ons that ensure that. in me event me Contractor entity ~ :o exist. OW!lefsll1p o/ the propefty
~ er improved snat pass to a conslilllent local government or otner eligible gove<nmental successor
in inte~I so that tr,e property can conanue to be used as a publ,c fac ,lity or to ;)l'Ov;cje a puD lic seiv•ce
Pa1;e • cf 7 Pases
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5. Ccmpenylion ar.g Methog of 1'fTT'ent. In ccr.51cerffon for !he ~ .ar.d ,er,ices tg be ;,erlomied
hereunder. the S1:al8 agrees to provide :o !he Contrac:er a grar.r rrom the Fund. 'n an amoi.;nt net to exceed
NINETEEN TI:fOUSeNO -'NO 111c1~00 ·····Cellars ( s ~s.ooo oo ). The ,Tiettiod and time of ;ayrr.er.1 of $1.lch
grant funds snail oe made •n accoreance w,tn l!'le "Payr.ient Sc.~edu le" set for.n n c.1h1b 1! A.
6. Bexm!9o gt Exgrn F·md;, ·o the Stat:.
a) Atry State funds not 8XD8r.dad 1n conn~on witti the Projec: shall ~ 11!mitted :c the State upon
complellon cf :tie Proje~ or a detal'T':':inalion :iy :he Stata tllat :r.e Projec: ·Mil not be complelltd.
b) It is expressly under.m:od that 1f ':lie Contrac:cr ~eceives funds from lhis Contract In excess of Its
flscal ye;, spending li mit au sucll excess funds m:im :h,s Contrad sl'lall revert to tile State. Under no
circlmsranc:es shall axcass :unds !Tom tti1s Contra~ ::e refunded to ottier ;,arttes.
7 . Fmanc:aJ !IA9nacement At aJI limes frcm the effedive dale of tt,1s Contract until completion of ttiis
Pniject. Iha Contracmr shall l'l".aintain ;:rocer,y segregated accounts of Slal9 fund 1 . :natctnng funds, and C1h« funds
aNOCia1ad with thi9 ~ject All ,-cts anc e~enditures associaied with said Project shall be doa.imenllld in a
dMailad and spec:ific manner. and $hall be ,n accordance w,tt, the "9udgec" Sedion set forth in E.xhibrt A. Contrac:or
may adjust individual budgetad expenditure amounts up the li mitations set~ in ?aragraph 8 .b) of the main boay
al '115 Contract without approval of me State. Any budgetary modlflcadons :hat exceed the li mitations 9e( forth 1n
Pwagrapn 8.b) must adhere tc ;irocecures set fonr. :n Parac;raoh 8.c) ,n orcer :o moc.'fy :!'le Contract oucget.
8 . Mgdfftcadgr] §Cd Amendment3.
a) Moclflca11on by Cperat!on i:ii law . This Contrae .s subject :o si:c:, ~edifications as may be
i.quir9d by changes in feceral or S13te I-or regula!!ons . An y sue."! ~ired :Tiocificaticns shall be inccr;iorated
Into and be part of this Contrac: as :f fully set fM!l ~ere,n .
b) Programmadc ?I' 9udgetarv C!ianges. T.11s CQl'ltraet has a s,mol ified C!iange Letter ;irncec:Jure
fer modifying this Contrac: for 'lie fc1IOW1r.g reascns:
i) unl855 othef'Wlse soec:fiec ,n ttie Scope of ServlC8S. when a.:muiative budgetary li ne
item changes exceed Twenty Thousar:d ~oJlars ($20,000 .00 );
ii) when any bi:d;er ?:"ansiers :o or between adm1nisration :,ud1,etarj' cat111,ories are
proposec ;
111) when tr1e scoce. oi:jec:ive or completon ate cf ':he Projec: c:ianges as ceterrn ined
by the Oepanment
Iv) when acotuonat or :ess Slate lunding 1s .,eeced:
v) when eiere a~ additional ~eral s1a11::ory or :-egulatcry c:impllance C.'langes ,n
accordance ·o111U'! Para<;rat1h 22 ot :!'le CnginaJ Cor.ttac:t
Under such draJmslanC85. tt,e Department's approval ie not b1ncing unlll memoriallzed In a fully exec::.ited
Ch.anga Lattar as spec:fled In $!1bpar;~h c).
c) C.',anc;e Letter ?roces.s. Cor:1ra~r 'l1ust submrt a wnttan rec;uest to the Department if
programmalic or budgetar/ modific:aaons ar. des:rec. Pac;e , . RNQOr.Sble Adm1ms:rator. Parac;raph 5.
Compensation and Method of Payment: ano E.xn ,b1t A. Scoce of Serv,c:es. may !:la modified ::iy Change
Lattar, signed by the State and the Connc:-.cr. Upon ;iroper ex8CJ1lon and apcrovaJ, such Change Letter
nU become an amendment !o the Connc-., effec:ive or, :he c:ate spec.'f.ed :n :he Letter. No such Change
L.u.r th.a be lllllid until approved !)y lne State Ccntrc1let' or such as,stant as he may designate. All odier
modlllcatlons to trlla Connet must =e ac:=mplishec throuc;h amendment :o :he Car.tract pumiar.t to fiscal
Riles and in accordance wiUI subp....,n 8 .d).
d) Olner MoelfflcaUons. IT eitfllll' Irle State or tl'le ContractDr desires D modify :he terms of 1h11
Comract OCh«ltlst u setfann in su~ns ti) anc c) atlove. wrtlten notice af the proposed modlllcat!on
lhal be given to the Olher party. No sucn rr.0011'.cation snall take effect unless agreed to in writing tly bodi
parties in an amendment tD this Contract ;:irope,fy executed ana aocn:ived in ac:cordarce with applicable law .
Page 2 of 7 F'BSN
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Effac:lve 1012000
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TI4IS CONTRACT, made this __ day of 2001, by and between the Stan, of
c.-.ao rar the u• anc ~nefit at tti• Q!PICVII,ot gt b95!! Affairs. 1313 snt,man Sbtt, P,nver. Coiofado
1!a!1L twanaftllr l'llfwrad to as the Stale, and the c:ty gt Er,c;l,-ood, 1000 E.191fW99d PwJSW!Y E.'lg1ewood. C4lcnco eo, ,o . hereinafter refefT'ed to as ltle Connc:or.
WHEREAS. aUlhority exists in the Law and Funds have been budg91ed, ~~ and ach«wise made
availlCle ana a sufflc:ent unencumbered balance :tlereof :-emains avaime for ;:ayment in Fund Number 14C
~..aor, COde Number~ Org. Unit FJOO Gel Con1ract Ena.imtnnce Numbw
F12cHQ1llisA · and
WHEREAS. n,qund ac,on:MII. clearance and coordlnadon have !leerl ICCCfflplillhed from and with
appiopta1a agencies: and
WHEREAS, the St118 desires to usillt local governments and i,olltlcal subclvlsions of the Stale !hat are
~a,,g social and economic impacts resulting from rapid ~pulallon gr'CW!h ,n Colorado; and
WHEREAS, ~nt to Hdion C.R.S. 24-.32~201 to 2L32-3209. the 2000 General Assembly. muc;t,
Ho11M Bill 1,21. cr98111d within the ~.,.,I ol 1.ocal Affairs (DCLA). the Off!ce of Smart Growth (OSG) to be
l'IUdecl by the E<eaJlive Oiredcr ol !he OCLA with the powen and dulles to adminis:ar 'tie OSG to induce the
reviewing and approval af appa!c:ations for Colorado Herita9e P!anr.ing Grant ~ram (CHPGPJ Funds (the Fund)
awarcecs ::v the OSG to those edgit:ie ;,artlc;:an11 (one or "l1cnJ 1oc;a1 govwnments} that satisfy Ille requirements for
grant ellgll:dity pursuant to C.R.S. Sedon 24-32-:3203 (3); Ind
WHEREAS. !tie c.,nirac:cr, a polltcai subdr.lSIOn el~ to ra::aive C?HGP Funct asaislance. has appiiad
. ID the 0epenment for assislance; and
WHEREAS. the Executive Direc::orof'tle Depet1mentdesns1Ddlslr!buf.e said fUnds pu~nttc law fer the
Pn,jed uocn mutLJally ~le tam1S and condlllons as nere,naflllr set fanh .
NOW THEREFOR£. it is hereby agreed :nat:
1 . Sc;;ge gf S,ryjcas . In consider.den for :r.e monies :o be rec::eived from the State. tne C.,Otrac=cr snad
do, :,erfcm,. and carry out, in a satis1adoty and groper :nanner. as detarmined by !he State. all wcnc eiements as
lndlcll9d in the "Scope of Servicas". set f0t1h in the attached Ex:,ibit A. hereinafter referred tr, as the "Projec::. • Wont
pe,fomed prior to the uaa1tion of this~ shall :ict be consid8Ald part of this f:lrcject
2 . Responsible Administratcr. The ~rmance of :!'le wvims r,iquired hereunder Stlall be uncer '11•
~ SIC< --VISIOn al Mane Graham • an employee or agent at the Connc;::gr, who is her9cy daignatad as !he
admrnllh:or-in<narge at ttus Protec:. At any time '1• adminisnrcr~e is not auigned ID thm Prajec:. all
WOik shell be suspended until the CJnnc=r auigns a mutually ~labie repac;ement adminisr.atcr-in-charge
and !lie State rece,vn notlf!C3tlon of suet, replacement ~nment
3. ]me of ~ormance. T1'11s Contract shall become effec::!ve upon the proper e:r.ec:ution of this Contrac:"~
The Project conmmplated henlln snall c:cmmence as soon as ;nc::lcatlle aft9r-th• execution of this Connc:: and
lhall be undenaken and performed in the sec;uence set fonl'l ,n trie '"Time ol Performance" s«=on ~la1ned in the
~ad e.~njl)jt A. E.~penses incurred by the Contrac:-.cr In assodallon Wl1II said Project prior !o execution of this
Contract shall nor be CQl'l5idered eligible expenditures fer reimourwmentfnlm '19 Stam. The Contractor agrees that
time Is of the 8S58nc& in the petfctmance of ilS obllgaaons uneer !!Im Connet. and that oomplellon af !tie Project
lllall OCQJI" no later~ the coms:;letion data sat fortt, ,n the '"Time of Petfomance" Section of Exhibit A.
,. Authority to Eat,r into Cqnl@d and P!'SAISI with Pl"Oject The Conlracta' assures and wamants that
n la autttortzed by leglllative appropnaaon to expend funds by 1h13 Connet.
P~e 1 of 7 Pa;es
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21 •• , 7 rw 11190 P P ... __, ............. -... Fedllal·--.
...., a ni -~~ .. Gawawtttc....._..._J!l;:2•• •, ... ,...,....... _ __.. ......... «I& II .... Q ¢, 5ttl .. ._....,,, .,...~c..., .... • :: , -• ....,...._
• ;:,-.. IT ...... Cl I LCll'al ........... ~c C .., ... ........ ,,, .... ...,..._Cllmwllm .. C-.f/1 ........ fOr i Uln
............. _ ... Li I ••• .. ucallln.147 tafllll~ad144I,,,.. -zz.t A.£! 7 :;:-Mallw ...... ,... ttlllllCmlWf.lla C L 2 ... 11111 LFedlraSad .... llallllt._. ..... _, ....... 1111
Si st
... 5d7Pages
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SPECIAL PROVISIONS
CONTJIOU-ER'S Al"NOVAL
,. l'Mcanna INil.,.. 1111-..ad 111111.,,.. '-been -t,y::.. C<ni,,lor ate. Slaaot C:laralo ar sucn -a,,. may
-.-T'lta__,.. ·--t'O ar, <OlllaCl~,,. ,..,._,.otmoneyoy die si..
l'UND AVAIUAIUTY
%. ""--I allllllmll <11111e Siad~~ ... -""'9ffl :'ilcll yra .. call,glll ,-lllldl for ,a--. ---~---.........
IIOND AiQUIIIDlliNT
11f111isCoollndffldwallw~af-l!Wltly._~!Qr,-.....,_, __ ,,IU.IAICll,Ol:fflll,WU&act-,
....,. :ad.~ ...SUC:. -emMlllan «GIIW IIUDlll-f'arl!a Sia. :11ee---. ~ ~ :Jllll'I 11a :=tu11a• «..,
u:11 _. -In OW CGnlllct Mr -n -..!II 11w Slaa .._, -.. _,, 119 c-as, a gao,l an.I Nlic&II D1111C1 ar CIIIW --1lftll'IIIDe--llylMlaftl.:.ejinapuu1...., ___ ....,..,af1lletalll-~Dyi!18-t11:!laC:--. Suell
...,._DadUly-llJ aQUallad Clllllllla9....,, ~ -11a--.. para.11a• a1111eeonna-"' --.. . .,.._. M , .. eon...,. lilaWI -fai!D U, oay lbr.., .... --!!ft. -;,,,,wilians. ir-ldaror .._.._...._.or
-Ill' !UCft ColmaclDf orftil suua-11 pafUinwa a,,-_......,.• •-ar~ 11 i:,a,-, paw-..,..._ -.io,y, 11111& .,,..,.._ in 111a.......-a1t11e-1M 1.-y .... D8',. _., ___ ___,.tM ,_,.,.... .. ,--.
----~•111a,aateiglil1* ••amum. _____ ..._.,..fled.no_,,:ni.....a111wc--
... ---lllal tie --.a. ..,_ or Daill. A CllllllN "~ c:... or·---.,-»~ r,_-:,1,-Sia •c....,,.., 11e -...i in aev a1 a 11ana. 'Illa -ia 11 --.. -CllS sa.:ca
-IFIC.\TION
4. Tolla-aulllorizul by !aw. !lie~ 91111 .-..rnly, -ana hOII h ......... die S-. ls amptoyea INI aJMI&. apwc--, and ii
-.-.:.. !ilDilyandCIUII-~-.. -3'111 _,...._ _,. ua rau1er.,,,., 1<10,_ ~ :lie c.in:r-.
•II ..... .:s .agons....,.a--.or....-puniaw!D,.t'Ul!'S<ll'!lll~
DIIClllaNATIONANDAfFIRJIATIVEACTlON
~ ':119 ~ agl99 lD ~ -Ille ........ al,W C.-.:0 A.1'illlciiS ....... Acl d 196'. IS -.ied. ... ----ia.
-.--.,.. ~ Plac:O:e (CRS ~. -•-lly~O.-. E<!lm OllporU,tly-.,..,,,.. .. llclon.-Acri 18. 197~. Plnlair'-. ,.....,,.,.,,..,..,_ _»_atalSlallc:ainc:aorJUO,,a:r,ncs
a... "8 oa,falmanca "'"* c«nct. !lie~ ..... -.s:
(al TheC..-.,._....,_....,...,.....,_or~IOl_..,,.__<11..,..-. -· -°'91·-. ..--.,......__.,, -«;,n,aa'-*-:11 .. 'l?leCcr,ncmr ·d-....... _·_,..,..._...,,.. __ ....,.. __ .,.._....,.._ _....,.!Dtlla--ca-www. SuaiacliDrt ... -.M"lll!a...-1111119
~ _,....._ ~-.. ,,.,...-.. ---. ....... ~ -<Jl:iayc,--ot
-wo; Jlll-.:liala!cr,-. """*'9m,.._.,u. n. c-..-11p,ain =---:iw, -»--
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JtS.SW1•1030
ffAff 0, CCLCllADO
Bll.L OWENS. GOVE!l.lllOR
ay _____________ _
IIOB IIICOKS. ,:X!C'..,m'! CIRECTOR
CEPAR'TMENT o, _____ ...JL~OCALit:.c.~!fE"""..._A~IB~S._ _____ ~
Al'PROV ALS
ST A TE CON"TilOl.1.a
Anhar L. Baniimt
BY--------------~
Jtos Marie .,llllal
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CltPGP • ,00112.A El,vlewoocl Geri-' Iron Woric9/l.igm Rail Housin9 Plan
E!l'aclivw Oc:ober. 2000
EXHIBIT A
SCCPe OF SERVICES
1. PftOJECT OESCRPTION, QIJ!CTNES, I REOUfflEMENJl
..
The C:ty of E.'lgleWOod (Connc::cr) IM>U¢ ltle ;,roc:ms of updallng Its ~ oJan wiU undar1ab a
study (the ?roiectl 1D evalUal91'le imoac: of lignt rail liie an 1he local houalg ma1tet. ihe ?l'Ojec:t ·#Ill
lnc:uCe two elernems. Th• nm lllam9nt ~ an II I 111 rnent d,. affardai)ility at :n. uilling
housing SIDdc for local WOl'kel'S. ttle avaieDiiity at housing for WOlldl,g-wage tamllies and :ne ext11nt to wtlich
the !ignt rail tine wil c:-ata appgrlLlniliN 10 me11C hcusing needs !rough nn1it onenllld develODment. The
MCOn<I Pftll4!Cl element includes a cae SIUdy of Irle General flan woncs (GiW) • and !he potential ll'le
• has for adclreHin9 gaga in 1he local jobs/housing baiance.
Color.ado Hentage Planning GrWlt furlda proYlcleG uncer ,-Contract ... \D 1'lnanc:e Project CCS1S Ul) to
St9.000. ,,,_. gnint flJnCla will be UN1i :o fund tie Prqec:..,,... lilled abcNe. M'f ana all
profaaional caneu111ng servae r9qUNG to ~ 1he ?rajecl wil be NQftd tlV'Ougl'I a c:cmpetiliw
--=en pracllSI. The Conrac::ar ls 1'911)Gnlible for all ?rajC CGIIS 11 ..-. at tnia amount.
~-at atrt aid all ccntraclS «1lar9d in1D oy tne eomrac=r in on:., ta accampli9fl it,is F'mjec snail be
llUllmilllld :o 1he Oeoartment of L.oc:al Man. Smart Gtowln Ofllm. ui,on enc::llan. and any and all camrac:s enflnd in1lo by fie Contrac:lllr r1 ,r,y of its subcontra=n snall ~ly with ail ~ic:aDle Federal
and Cocora2o Slate laws anCI ltlall be ~ed by lt1e laws of,-Stare of Colorado r.atwnnstanding
pravisiaml lheren 1D tne cannry.
2. GROWTH IMPACT
The Contrac::Dr and ~ 1uri9diclicr:s along !!'le llgr,t rail l1ne ccmdor in tne ~em sedon of
lie Cen"9r meropalltan ara !'lave !)eel affecac by cr.anging ccmmuter and housing ~ant
paltwns since 1he lv,t rail 11ne cecane Ol)lf'IOOnaf.
i. TIME Of ll!llf9PNHR
The Pl'OJtld 9flal ccrnmara upon !tie flill and l)l'OCler execution of this Conhd n shall be ccmpielad on
or betol'9 JU/l'f 31 . 2002. ~. in aco:lraa,,ce wnr, ?aragraph 8 ccntained •Nittlin :ne main oocy of tnis
Contrac:, 1:e Pro,ed :ime of ,ierfom•,Ci9 may be extandllQ by~ L.etter. SUDjec: to mutual
~ant of,,. Stat9 and Con1r8C:Cr . To ,nltiele !tlis process, a wntren ~-snaH be umittad to the
S.. oy :ne ConlradDr ac :east 1hiny (30) days pr10r :c Juiy 31. 2002. ana shall inc:uc!• a f\ill JUSUftcallon IOI'
the time exsension .
4. llmSiiI
REVENUE
CHPGPFunds $19,000
TOTAL $19,000
EXPENDITUllt!S
Element I -JobalJ,tousjng St 5.000
Balance ANNamerrt
Element II -GIW Cale
St1;dy
TOTAL $19,000
Page 1 of 2 Pages
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14,100
1.IIIR
111.000
1. AWTNGt wem a
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TIie-11111 IIIOIIIDr llil Cor*-=t 1111 an a-n-.d bail.
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COUNCIL COMMUNICATION
DATE : AGENDA ITEM SUBJECT:
1" Read i ng: 1 ov 19, 200 1 Int er-Governm e ntal Agreement
2"d Read ing D ec 3, 200 1 Sma rt G rowth Housing Studv
INITIATED BY : STAFF SOURCE:
Community D eve lopment D epa rtm en t Ma rk Graham , Se nio r Plann er
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
Affordable housing and housing options
CityCenter and General Iron Works Redevelopment
RECOMMENDED ACTION:
Staff rec ommen d s th at C ity Cou nci l app ro\.e the att ached Bi ll ior Jn Ordinance apprO\ 111 g
an Inter-Gove rnm en t al Ag ree m ent (IGA) betwee n the Ci ty oi Eng l ewood and the Colo rJ d o
Depa rt ment of Loca l Affa ir s (DOLA ). The Ag reeme nt is necessar y for th e Cit} to acc ep t
$50,000 grant fun di ng fo r a housi n g stu dy foc used on th e G e neral Ir on Wo rks
rede elopm en t and wo rkfo rce hou si ng in the So ut hwest Co rr ido r.
BACKGROUND :
Englewood toget he r w ith RTD ap pl ie d fo r and re ce ived a SS0 ,000 gran t awa rd to as se ss
th e ho u si ng ma rke t at th e new Bates Stat ion and in Transi t Orien ted Deve l opm ent s (T OO i
ge nerall y. A long wi t h th e gran t to stu dy t he su ppl y and demand fo r TOD housin g,
Englewood was designated as a "Govern o r's Colo rado Heri tage Commun1 t\ :!00 1" in the
program ru n bv t he Smart Growth d ivi sio n of t he D epar tm en t of Local ,\iia1r s. En gle1 1 ood'
Ch art er req u i res an Ordina nce by Co un ci l to en ter in to an ln t er-G ove rnm n tal A ree m nt
to accep t gra nt fun d i ng .
FINANCIAL IMPACT :
En glewo od ex p ec t s to receive S 19 ,000 in the ini tial phJ se of th e agr ee m en t. taii 1s ab o
w orki ng o n th e scope of wo rk fo r addi tiona l ana lysis of th e rea l estate 111Jrk et at Oxio rcl
Station fo r a c o mparab le am o unt of wo rk and fu nding . Th e IGA per mit s the Ci ll to be
reimbursed for ex pen se s attributabl e to th e ana ly sis. In it ial DOLA gran t fund s l e, er age Ci t,
resourc es to c omplete th e affordable hou sin g analysis p ro m o ting GI\ rede1 elopm ent.
LIST OF ATTACHMENTS:
Bill for Ordinance
Inter-Governmental Agreement
H \GROUP\BOAROS ICOU NC IL\Counc11 Convrun,cat,ons 2 ,01 CC G-OOLA Sr-.a r Cro ... t'\ ;~1 .JC<
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ORDINANCE NO.
SERIES OF 2001
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BY AUTHORITY
COUNC IL BILL NO. 75
I TROD UC ED BY COUNC IL
MEMBER GARRETT
AN ORDINANCE AMENDING TITLE 1, CHAPTER 9. S ECTION 3. OF THE
ENGLEW OO D M NICIPAL CO DE 2000 PERTAI N I NG TO CO RPORATE C ITY
SEAL.
WHEREAS , the City adopted a City Mark a nd Co rporate Seal by the passage of
Ordina nce No. 27, Series of 19 7 1; a nd
WHEREAS , the Co rporate Seal for the City of Englewoo d, Co lor a do is currently t he
City Mark ; and
WHEREAS . the City Mark , as the Co rp or ate Seal fo r t he City is curre ntly not
effective and does n ot identify the City of Englewood , except by symbol : a nd
WHEREAS , th~ current City Seal ca nnot be r e produced on a co py o how the
doc ume nt carries the Official Seal; a nd
WHEREAS. the passage ofthis Ordinance will change the City Seal by t he adcLt1on
of "City of Englewood , Co lorado" and "Seal" a dd ed around the outs id e pe rime t er of t h e
City Mark :
NOW , THEREFORE. BE IT ORDAINED BY THE CITY Ol"'.\ I L OF TH E ITY F
ENGLEWOOD . CO LORADO . AS FOLLOW S :
SeC!lon l. The City Co un cil of the City of Englewood . Colorado h er eby amends Ti tl e
l , Chapter 9 , Section 3, of t he Engl ewood Municipal Co de 2000 , to read as follow s :
1-9-3 : Corporate Seal.
The co rporate seal of the City s h a ll be a n impression of the Ci ty ma rk 'fil!b
"C ity of Englewood Colo r ado" a nd "Seal" a r ound t he outsi de pe rimete r of t h e Citv
Mark as hcrei nbefo r e described .
Sectjon 2 Inconsjstent Ordjnances All oth er Ordin ances or portions t he reof
inconsistent or conflicting with this Ordinance or a ny po rti on her eof a r e hereby
repealed to the extent of such inconsistency or co nflict.
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Section 3 Effect of repeal or modjficatlon The r e peal or modification of a ny
provision of the Code of the City of Englewood by this Ordinance shall not r e lease.
extinguish, alter, modify , or change in whole or in part any penalty , forfeiture, or
liability, either civil or criminal, which shall h ave been incurred under s uch provi s ion .
and each provision shall be treated and held a s still remaining in forc e for t he
purposes of sustaining any and all proper actions , suits, proceedings, and
prosecutions for the enforcement of the penalty . forfeiture . or liability, as well as fo r
the purpose of s u s taining any j udgment. decree . or order which can or may be
rendered, entered , or m ade in s uch actions , suits , procee dings , or prosecutio ns .
Introduced , read in full . a nd passed on fir st re ading on the 19th day of Nov e m be r .
2001.
Publis hed as a Bill for a n Ordina nce on the 23rd d ay of Nove mbe r , 200 I .
Read by title a nd passed on fin a l r eading on the 3rd day of December , 200 1.
Published by title as Ordinance No._, Series of 2001 , on the 7th d ay of
Dece mber. 2001.
Beverly J . Brads h a w. Mayo r
ATTEST :
Loucrishia A. Ellis, Ci t y Clerk
I , Loucrishia A. Ellis , City Clerk of the City of Englewood , Co lorado, hereby ce rtify
that the above a nd foregoing is a true cop y of t he Ordinance passed on final r ead i ng
a nd publis hed by title as Ordina nce No . _, Series of 2001.
Loucrishia A. Elli s
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ORDINANCE NO .
SERIES OF 2001
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BY ACTHORITY
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COC:-JCIL BILL :-JO . 76
I:\TRODCCED BY CO C :\C IL
\IE:\IBER GARRETT
A:\ ORO l:S,:ANCE ACTHORIZING A .. C'!TY DIT C H LJCEXSE AGRED!ENT" FOR :\
J " TORM SEWE R CROSS I NG OVER THE C ITY OF E:-.JG LEW OOD"S R IG HT-OF -
\\"AY FOR THE 'ITY D ITC H AT 5200 BLO C K OF O "T H PRESCOTT STREET l:\
LITTLETON . OLORADO , BETWEE:\ THE CITY F LITTLETON . COLORADO
AND THE !TY OF E:\ ,LEWOOD . LO RA DO .
WHEREAS . th 1ty of Lmleto n h a r eq ue t d a '1ty Dach L1 ce n e Agree m e nt for
th e co n s tructi on of a n l .. storm sewe r acr oss the 1ty of E n gle woo d 's n y Di tch Ru~ht-
Of-Way m th 5200 bl ock of South Presco t t 'tre m Lmle t o n . olorado. a nd
WH EREA . u n de r the 1ty Di tch L1ce n s Agree me nt m t h e e,·e nt t h e r o;;s 111 1;
h ould inte r ~ re with a n y futw-e us of t h E n gl wood ·s Righ t· f-\\"a y by E n gl wood.
the City of Little t on s h all . up on re qu est a nd ::nit s sole e x p n se. relocate . r ea rra n ge. or
r e m ove its m s t a !lauon s so as not to mt r fe re with a n d uch use: a nd
WH E RE A . und r th e 1ty 01 h Li ce n se Agree me n t the City of Littleton 1s
re spon 1bl fo r th mainte nance of th l , .. Storm Se we r Cro ss 111 g str ucture:
WHEREA , the Engle wood Wate r a nd e w r Board reco mm ended Co u n cil ap p rov a l
of the" 1ty Ditch L1 ce n e Agree me nt' or t h co n structio n of t h e Ci t y of Lntle t o n·s 1 ..
to rm sewer cr os ,111g En gle wood 's City Ditch Right-Of-Wa y a t it s ;-,;o,·e mbe r 13. 200 1
meet111 g ;
:\OW. THEREFORE. BE IT ORDA1:\ED BY THE CITY COCNCIL OF T H E !TY O F
E:\GLE\VOOD . CO LORADO . A FOLLOWS :
Sect1on 1. The .. City Ditch Li ce n se Agree m e nt .. t o the City of Little t on fo r the
co n s tructio n of an 1 "st o rm se we r cr oss111g ove r the City of E n gle woo d'$ Right-Of-Way
fo r the C ity Ditch a t the location of the 5200 bl ock of South Pre cott Street m Littleton .
Co lorado , set forth 111 ··Act achm nt J", 1s h e r e by acce pte d a nd a pprove d by t h e City
Co uncil of t h e 1ty of Eng le wood , olorad o .
Section 2 . The Direct or of l "t11m es 1s a utho rize d t o e xecu t e the .. City Ditch Li ce n se
Agreement .. fo r and on behalf of t he 1ty of Engle woo d . Co lorado.
Introduce d . read m full , and passed on first r e a ding on the 19th d a y o f Nove mb e r .
200 1 .
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Published as a Bill for an Ordmance on the 23rd day of November, 2001.
Read by title and passed on final reading on the 3rd day of December, 2001 .
Published by title as Ordinance No . ~ Series of 2001 , on the 7th day of
December, 2001.
ATTEST:
Beverly J. Bradshaw, Mayor
Loucrishia A. Ellis, City Clerk
..
I, Loucrishia A. Ellis, City Clerk of the City of Englewood . Colo rado. here by 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
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LICENSE AGREEYIEl'ff
TiilS . .\GREE~IE.'\iT, made and entered into as of the __ day of ____ _
,2001, by md between the CITY OF ENGLEWOOD. l municipal corporation of
Color:ido, hereinafter referred to as "Englewood" and the C iry of Linleton. a :nunicipal
corporation of Colorado. whose address is 2255 W . Berry Ave., Linleton, Color:ido
80165, hereinafter referred co as "Licensee··.
~SSETH: Englewood without any warr:mry of its title or interest
whatsoever, hereby authorizes Licensee, its successors and JSsigns. to install. repair and
maintain a storm sewer pipe xross Englewood's right-of-way for the C iry Ditch.
desc:ibcd as a parcel of land siruaced in the '.\forthwest 1,i of Section 16. Township 5
South, Range 68 West of the 6"' Principal Meridian. County of . .\rapahoe. State of
Color:ido. depicted upon Exhibit A act:1ched hereto and made a part hereof.
l. Englewood shall have the right to maintain. install. repair . rernove or :-e!oc:ite :he
Ciry Ditch or my other of its fac:lities or insta.ilat io ns within Englewccd's R:ght-
of-Way. at any time and in such manner JS Engl ewood deerns necess;ir:: or
convenient. Englewood reserves the exclusive right ro control J.11 e:ise:-r:ents and
installations . In the event the storm sewer pipe should inte:fere with my furure
use of Englewood's Right-of-Way by Englewood. the Licensee shall. upon
request and :it its sole expense. re!oc:ite. rearrange. or remove its insr:ill:u:ions so
as to not interfere with any such use .
2. Any repair or replacement of :my Englewood installations made necess:i.ry. in the
opinion of Englewood's Director of t;ulities because of the constriJction of the
storm sewer pipe or other appurtenmt insta!lation :hereof. shall be mace at the
sole expense of the Licensee .
3. The rights and privileges granted in this Lic:nse shall be subject to prior
agreements , licenses and/or grants. recorded or unrecorded. and it shall be the
Licensee· s sole responsibiliry to determine the existence of said doc:irr:.ents or
conflicting uses or installations .
4. The Licensee assumes all responsibility of maintenanc: of the storm ;ewer pipe .
s. It is expressly agreed that in case of Licensee 's breach of :my of the within
promises. Englewood may, at its option. have spec:fic performance the~of. or sue
for damages resulting from said brcxh.
6. Upon abandcnment of my right or privilege herein granted. the right of Licensee
to that extent shall terminate.
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7. In gr:mting the above :iuthoriz:uion. Englewood resc:vcs the right to make full use
of the property involved as may be ncc:ss;ir:, or convenient in the opcr:uion of the
w3ter :ind irrigation ditch and system under the control of Englewood .
s. Any consttUction contemplated or performed under this Llcensc shall comply
with md conform to standards formulated by the Director of utilities of
Englewood md such construction shall be pe:formed and completed xcording to
the plans approved by Englewood.
9. The Licensee shall notify Englewood's Direc:or ofCtilitics at le:ist three (3) days
prior to the time of commencement of the consttUction of, or any repairs made to.
Lic:nsee's starm sewer pipe so that Englewood may. in its discretion. inspect
such operations .
10. Within thirty (30) days from the dace of commcnc:ment of construction of said
storm sewer pipe. the Lic:n.see shall complete ;;uch construction. plac: and
maintain permanent, visible markers , of :i type :md such :ind at such locations :is
designated by Englewood's Director of Uilities . rcfe:ring to the ~:mcrlinc of the
installation md ;;hall cle:ir the crossing :irc:i of ail .:onstruc-jon debris :ind restore
the arc co its previous condition as nc:ir :is may be rc:isonable. In the event the
placing of the centerline markers :md the cl c:iring and restoration of the crossing
area is not completed within the time specified. Eng lewood may complete the
work ac the sole expense of the Lic:nsee.
11. The stipulation and conditions of this Lic:nsc shall be incorporated into contrac:
spccific:icions if the consttUCtion herein authorized is to be done on a contract
basis.
IN WID'ESS VVHEREOF , this instrument has be:n executed :is of the day and yc:ir fi rst
above written.
APPROVED :
Stewart Fonda
Director of t:tilities
APPROVED AS TO FOR.'Vl:
CITY OF E'iGLEWOOD .
Acting through and by its
W atcr and Sewer Board
Chairman
LICENSEE :
CITY OF LITI1.ETON
By: Susan Thornton, Mayor I • 0
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CITY OF ENGi..EWOOD
EXHIBIT A ..... , ... ,
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NE t:OR
NW 1/4
SEC 16
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2s .ae ·
S21 ~5·00··.w I
20.70'
PROPOSED
STORM SEWER
S5J'05'0•"E I 2s .ee ·
!1A S1S Of e(~R1NC
lhor"''P ..,,.I! boWd on the north
lirte .,, ttte ru,,tt'l..,t ouOftP of
Sec:1,on 11 ~q N8t'4J'oo·w.
EXISTI NG DtTCI'
£.LE VA TION 96.00
PR OFILE
NO SCALE
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BY AUTHORITY
ORDINANCE NO ._
SERIES OF 2001
COUNCIL BILL NO . 77
INTRODCCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AUTHORIZING THE ACCEPTAN CE OF A \" . .\LE GRANT FROl\l
THE VICTI:\I ASSISTANCE LAW ENFORCEMENT BOARD OF THE 1 TH
JUDICIAL DISTRICT .
WHEREAS , the Ci ty of Englewood Safety Se rvice Depa rtm ent applied for fundmg
unde r the VALE Grants Program to be used for funding t he \'1 ct1m/\V1tn ess Progra m
in the Englewoo d Municipal Court: and
WHEREAS , the City of Englewood ha prevtou sly applied and be e n granted
VALE Grants for the years 1990 through 2001 ; and
WHEREAS , the Victim/Witness Progra m m the Englewoo d :\lunic1pal Co urt has
served the vi ctim s of dome stic violence s m ce 1990 :
NOW , THEREFORE. BE IT ORDAJNED BY THE CITY COC:S:CIL OF THE CITY
OF ENGLEWOOD, CO LORADO . AS FOLLOWS :
$ect10n 1. The 1ty Co uncil of the City of Englewood . Co lorado here by a uthorizes
the acce ptance of the VALE Grant and acco mpanying inte rgove rnme ntal agreement,
a co py of wh1 ch 1s ma rked as ·'Exlub1t A" and attached her eto.
fu:cuon ?. The Mayo r a nd the Director of F inance/A dministratirn Sernces a r e
hereby authorized to sign sa1d \"ALE Grant and acco mpanying int.e rgove rnme nta l
a greeme nt on be half of the City of Engle wood .
Introduced , r ead m full. a nd passed on fir s t r eading on the 19 "' day of :--J ove mbe r .
2001.
Publis h ed as a Bill for an Ordinance on the 23rd day of No,·e mber , 2001.
Re a d by title a nd passe d on final reading on the 3rd day of Decembe r . 2001.
Published by title as Ordinance No ._, Se rie s of 2001. on the 7th day of
December, 2001.
Beverly J . Bra d s haw . :\fayor
ATTEST:
Loucriahia A. Ellis, City Clerk
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I, Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No . _, Series of 2001.
Loucrishia A. Elli s
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VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD
CONTRACT
Pursuant to th e Ass istance to Vict ims of and W itnesses to Crimes and Aid to Law
Enforcement Act . Artic le 4 .2 Title 24 C .R.S .• the V ict im Ass istance and Law
Enforcement Board of the 18'" Judicial District has made the following award:
Grantee: Englewood Department of Safety Services
361 5 South Elati Street, Englewood. Colorado 8011 0
Grant number : 02-38
Project T it le : V ictim /Witness Program
Purpose of Grant Funds : Provide support for vi ctims of domestic violence th roug h
the court process
Services /Equipment Being Funded: Port ion of salary and benefits for victim
advocate
Grant Period: January 1 to December 31 , 2002
Amount of Grant Award : $15 ,651
Quart erly Installments : $3 ,913
BE IT UNDERSTOOD THAT :
( 1) A ll d isbursement of awards are contingent upon the availability of VALE funds.
(2 ) The contents of the grant app li cation w ill become contractua l obligations of the
gran t rec ipien t and are incorporated into this contract as if fully set forth here in .
(3 ) Th e grant recipient is required to submit Fi nancial Reports quarterly : Apr il 30 ,
2002 , July 31, 2002, October 31, 2002 and January 31 , 2003 for funding for
2002 . The report due on January 31, 2003 shall be the year-end report. The
VAL: Board w ill provide Financial Reporting Forms. Grant rec ipients are requ ired to
use these forms .
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Englewood Department of Safety Services
02-38
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(4) The grant recipient is required to submit a Program Report on July 31 . 2002
and January 31. 2003 . which addresses any special condit ions that are listed in
this contract . The report due on January 31 . 2003 shall be the year-end report . It
shall show totals for the entire year and must address any spec ial conditions that
are listed in this contract. The VALE Board will provide Program Reporting Forms .
Grant recipients are required to use these forms .
Reports shall be sent to:
Francie Miran , Grant Evaluator
VALE Board
District Attorney's Office
7305 South Potomac Street . Suite 300
Englewood, Colorado 80112-4031
(720) 874-8600
(5) Failure to submit these required reports on the dates due may result in
termination of the grant award, return of awarded funds or the loss of future
funding by VALE .
(6) Special conditions for the award which have been stipulated between the VALE
Board and the grant recipient are as follows :
NONE
(7 ) Any equipment purchased with VALE funds must remain with the grant
recipient . Equipment must be used for the purpose des ignated in the grant
application . Any use by others or transfer of ownership must be reported to the
VALE Board, in writing, prior to the occurrence of such use or transfer . The Board
may approve such use or transfer or may request return of the equipment .
(8) An v change in the use of grant funds shall be approved by the VALE Board.
The request for such change shall be in writing . Approval of the VALE Board shall
be obtained prior to any such use.
(9) Amendment of any other terms of this contract shall have prior approval of the
Board . Requests for amendment shall be in writing.
( 10) The grant rec ipient shall submit written notification by December 1 , 2002 to
the VALE Board if the grant recipient will have any remaining funds at the end of
the grant period.
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All unused funds sha ll be r eturned to the VALE Board un less the grant recip ient
makes a request in wr iting for use of the funds beyond the grant period and such
request has been approved by the VALE Board .
Such requests shall include:
The amount of remaining funds
How the funds will be used
When the funds will be expended
Why the funds were not expended .
Such request must be received on or before December 1 . 2002.
Upon rece ipt of the request , the VALE Board shall dec ide whether to grant or deny
the request without further presentation or hearing.
( 1 1) The grant rec ip ient agrees that all funds received under this grant shall be
expended so lely for the purposes stated above and that any funds not so expended .
including funds lost or d iverted to other purposes . sha ll be repaid to the VALE fund .
( 1 2) The grant recipient agrees to comply with the letter and spirit of the Colorado
Anti-discr imination Act of 1 957 , as amended , and other applicable law respecting
discrimination and unfair emp loyment practices (C .R .S . Sec . 24-34-402 ) and
required by Executiv e Order , Equal Opportun ity and Affirmat ive Act ion . date Apr il
16 . 1975.
( 1 3 ) Non-comp li ance w ith an y portion of this contract ma y result in :
Withholding of funds
The grant recipient return ing money to the VALE fund
Other action as deemed necessary by the members of the VALE Board
Any combination of the above .
( 1 4) All grant recipients shall make available to the Board or its authorized designee
all current books, records, procedures or other informat ion r e lativ e to the grant
application and implementation.
( 15) The funds granted by this contract for Victim Servi ces shall be d isbursed in
quarterly installments pending VALE Board approval of all requ ired reports and
verification of expenses. The funds granted by this contrac: for equipment may be
dispersed by a single payment for the full amount, pending VALE Board approval of
all required reports and verification of expenses .
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Englewood Department of Safety Services
02-38
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The grant recipient, through the following signatories. understands and agrees that
any VALE monies received as a result of the awarding of the grant application shall
be subject to the terms of this contract.
Date--'-'/ t_f (.,;;;..+/-=-6......_I __ _ ( I Project Director
-Date -------------Financial Officer
Date -------------Authorizing Official
Date ________ _
Carol Worth
Chair, VALE Board
Authorized Official: The authorized official is the person who is . by virtue of such person 's pos ition . authorized
to enter into contracts for the grant rec ipient .
This could include: Mayor or City Manager , Chairperson of the County Commissioners . Dismct Attorney ,
President or Chairperson of the Board of Directors, Superintendent. or other Chief Executive Officer.
Financ ial Officer: The person is responsible for all financial matters related to the program and who has
responsibility for the accounting , management of funds , verification of expend i tures . audit information and
financial reports. The person who actually prepares the finical reports may be under the superv ision of t he
Financ ial Officer. The Financial Officer must be a person other than the Authorized Official or the Project
Director.
Project Director : The person who has direct responsibility tor the implementation of :he pro ject . Th is person
should combine knowledge and experience in the project area with ab ility to administer the project and
supervise personnel. He/she shares responsibility with the financ ial Office tor seeing that all expend i tures are
within the approved budget . This person will normally devote a major portion of hi s.her t ime to the pro1ect and
is responsible tor meeting all report ing requirements . The Project Director must be a person other than the
Authorized Official or the Financial Officer .
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ORDINANCE NO.
SERIES OF 2001
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A THORJTY
COL':\C[L BfLL :\0 . 7
ISTROD CCED BY COC);C IL
M EMBER WOLOSY.:'l
A:-.1 ORDINANCE AUTHORJZING THE IS U A:\'CE BY THE CITY OF ENGLEWOOD OF
ITS GE:'JFRAL OBLIGATION BONDS . SERIES 100 1. FOR THE P URPOSES APPROVED
AT THE CITY 'S ELECTION ON NOVEMBER 6 . 1001. A,D AU THOR!ZIJ'IG TH E LEVY
OF PROPERTY TAXES TO PAY S CC H BO /\DS : PR O VIDC\G THE FOR_\1 O F TH E
BONDS AND OTHER DETAILS L'I CO'.\:"JECTIO ' THEREWITH : APPR O V[:\'
DOC MENTS RELATING TO THE BONDS : ASD D E LARll'iG Ai'\i EMERGENC Y .
WHEREAS , th e City of En g lewood . Co lo rado is a muni c ip a l corp o rati o n d ul y rganm:d
and o peratin g a a ho me -rul e c it y under Arti c le XX o f the Con stituti o n of th e State o f Cnk1radn
and the Cha rter of th e Cit y (unl ess o th erw ise ind ic ated . c apitali zed te rm s used in th i~ prc :i mh lc
s hall h a ve th e meanin gs et fo rth in Secti o n I o f thi s Ordinance ): and
WHEREAS. purs ua nt to Secti o n I 0~ o f th e Cit y Ch a rt e r. th e Ci ty is a uth orin:d to 1,,u '
general obli gation bonds fo r an y publi c c apital purpose . ,u bjec t to ob tainin g vo te r apprc" :ii of .1
b a ll o t ques tion authorizin g s uch bo nd s : and
WHEREAS. a t a n e lecti o n o n :"J ovc mbe r 6. 200 I. th e fo ll o w111 g b :.d lo t que t 1nn I the
.. Ba ll o t Que~ti o n .. ) was a pp ro ved by a maj o rit . o f th e d ig1 bl e e lec to r of th e Ci t~ \"Ot111 g o n the
B:i ll o t Questi o n :
SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED U P T O I'.!, 00. 00 . WITH A
MAXIMUM REPAY'.\IIENT COST OF PTO -5.700 .000 . Aj D SHALL !TY T X E B E
INCREASED UP TO S I .300 .000 ANNCALLY FOR THE P URPOSE OF:
• EXPA 1DING AND L'v!PROVING THE MALLEY SENI O R CENTE R .
• EXPANDING A D L'v1PROVING THE ENGLEWOOD REC REATIO C ENTER .
• CO STR CTING THE BELLEVIEW PARK FAMILY AQ C ATIC C ENTER.
Ai\/D TO THE EXTE T MONEYS ARE AV A.ILABLE ACQ U rRC\G . EQ U IPPNG A :\'D
CO STRUCTING RECREATION IMPROVEMENTS WITHIN THE CITY. BY TH E
ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS . WHIC H S HALL
MATURE. BE SUBJECT TO REDEMPTION, WITH OR WITHO UT PRHtln-1. A.,D B E
ISSUED, DATED AND SOLD AT SUCH TIME OR TlMES . T UCH PRICES (AT. AB O \"E
OR BELOW PAR) AND IS SUCH MANNER AN CO TAINING Sl "CH TER~vl S . :\'O T
INCONSISTENT HEREWITH , AS THE CITY COUNCIL MAY DETERMINE : HA LL AD
VALOREM PROPERTY TAXES BE LEVIED IN ANY YEAR. WITHOUT LfMITATI O N S
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TO RATE OR AMOUNT OR ANY OTHER CONDITIO . TO PAY THE PRlNCIPAL OF,
PREMIUM , IF ANY , AND lNTEREST ON SUCH BO 1DS ; AND SHALL THE EARNlNGS
ON THE lNVESTMENT OF THE REVENUES FROM S CH TAXES AND OF THE
PROCEEDS OF SUCH BONDS (REGARDLESS OF AMOUNT) CO STITUTE A VOTER-
APPROVED REVENUE CHAl'IGE?
WHEREAS, the Council has detenn.ined that it is in the be st interests of the City and it s
residents to iss ue general obligation bonds for the purpose of providing fund s to finan ce the
Project and to issue its General Obligation Bond . Series 2001 in the aggregate principa l amount
not to exceed $8,325 ,000, and to issue the remaining principal amount of debt authorized by the
Ballot Question in 2002; and
WHEREAS , on the date of iss uance of the Series 200 I Bonds. the City will ha, e
aggregate outstanding bonded indebtedness which doe s not exceed $8.765.000. and the late s t
estimated actual valuation for assessment of the taxable property in the City. as certified by the
County Assessor. is $2 ,740,906 ,083 : consequently, the amount of bonded indebtedne ss doe, no t
exceed 3 % of the late st estimated actual va luation for assessment of the City , o r 1.217 . I 2 :
and
WHEREAS , the Council has been presented with a propo al from George K . Baum &
Company. of Denver. Colorado, for the purchase of the Bond s upon s pecified tenm ,Lnd
condition and, after con ideration. the Council has detennined that the negotiated ale o f the
Bonds to sa.id company i~ to the best advantage of the City ; and
WHEREAS. Section 41 of the City Charter pennits the use of an emergency rdinancc
for ordinances incurring indebtedness where the City has received pri or voter approval and the
Council ha~ detennined that the declaration of an emergency for thi s Ordinance is nece sar,.
within the meaning of Section 41 , in order to permit the City to obtai n the lowest interest rates
pos ible through the de signation of the Series 2001 Bonds as "bank qualified '' obligation : and
WHEREAS , the City Council des ire s to authorize the issuance and sale of the Bond s a nd .
as provided in Title 11 , Articl e 57. Part 2, C.R.S .. delegate the authority to the Director of
Finance and Administrative Services to determine certain provisions of th e Bond s to be se t forth
in the Sale Certificate, in accordance with the provi ions of thi Ordinance ; therefore
BE IT ORDAlNED BY THE CITY CO NCIL OF THE CITY OF ENGLEWOOD,
COLORADO:
Section I. Definitions. The following term s shall have the following meanin gs as used
in thi s Ordinance :
·'Act" mean s Part 2 of Article 57 of Title 11 . Colorado Revi sed Statutes , as amende.d, or
any ucce ssors statute thereto .
··Ballot Question ·· mean~ the ballot question approved by City voters quoted and defined
a~ ,uch in the preamble, here10 .
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"Bank .. me::ins The Ba nk of Cherry Creek 1 .A. in De n ver. C o lorad o, o r it~ su cessor. ;i
n::itional banking a o i::ition duly organized ::ind ex ist in g un der th e l::i ws of th e nited States of
America. being ::i member of the Feder::il Deposi t In uran ce Corporati o n. a nd hav in g full and
complete tru t powe r .
.. Bo nd A ccn1111(· means t he accou nt e tablis hed by the provi s io ns he reof to account fo r th e
moneys fo r which a eparate tax levy is m::id e to satis fy th e o bligati o n s of th e Bo nd s . The Bo nd
Accou nt s h all be a subs idi::ir y acco unt of the a ppropriate fund o r account of th e Ci ty a nd
separately accounted fo r by th e City in accord a nce with the provisions he re of .
.. B o nd Co unsef' mea n s ta as o f the da te of iss u a nc e of th e Bo nds . Kutak Roc k LLP. and
(b as of any o th e r date, Kutak Rock LLP o r su c h o th e r attorneys se lected b y th e City with
n a ti o nall y recognized experti se in the iss uance of munic ipa l bonds.
'B o nd /11 s 11 ra 11 ce Po licy .. me ans the muni cipal bond in uranc e po licy iss ued by th e Bo nd
In s urer in s urin g th e payment when d ue of th e principal of a nd interest o n the Bo nd s as pro\·ided
therein.
·'B o nd In surer" mean MBIA In s uran ce Corpor::ition. o r an y s u ce -or thereto .
"B o nd Obliga ri o11 .. m ean s . as of any date. th e principal amount of the Bond~ Out;,t;mding
as o f suc h date . Fo r purposes of the Secti o ns hereof titled .. Remedies for EvenL of Default .. and
·'Amendment of Ordinance."' Bo nd Obligati o n s h ::i ll be deemed to include the amou nt payable on
the Registered Coupo n .. a s . e t fo rth in the Sec ti o n hereof titled "'Bond and Regi,tcred o upo n
Detai ls."' which h::i s no t been paid as of th e date o n whi c h suc h S ec t io n, are being applied .
·B o nd Purchase Agree111en(· me::in~ th e Bo nd Pur ha e Agreement. purs uant to\\ h1ch the
City has agreed to sell and the U nde nHiter h as agreed to purchase th e B nd~ at the pnce, and o n
the term s et fo rth therein .
·Bonds .. and .. Series 2001 Bonds'" m ean the Bo nd s a uth o rized by th e Se ti on hereof
titled .. Authorizati o n a nd Purpose of Bo nd :·
·'Bus in ess Da., ·· mean . a n y day o th er than (aJ a Saturday or Sunday o r (b ) n day o n w hi ch
ba.nkin g instituti o ns in the State are authorized or ob li g ated by law o r executi ve o rder to be
c losed fo r business .
"Charte r·· mea.n s the home rule Charter o f th e City.
·'Ci ty" means the City of Englewood, Colorado, a nd an y successor the ret o.
"C od e "' mean s the Internal Revenue Code of 1986. as a mended . Each referen ce to ;i
section of the Code herein shall be deemed to include the Uni ted States Treas ury Regu lati o ns
proposed or in effect thereunder and applicable to th e Bo nd . o r th e use o f proceeds th ereof.
unless the context clearly require s otherwise .
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·'Commitment'' mean s that cenain o ffer to i. s ue the Bo nd In s urance Po li cy issued by th e
Bond In s urer.
··c o un c ir' mean s the City Council of the Cit y .
.. Co unry·• mean s Arapahoe County, Colorado.
"Dared Dar e" means the original dated date for th e Bo nd s as e stabli s hed in th e S a le
Certificate .
"Defeasance Securities" means bills , certificates of indebtedness . notes. bonds or s imilar
securities which are direct. non-callable obligation s of the United States of America or whi c h are
fully and unconditionally guaranteed as to the timely payment o f principal and interest by th e
United States of America. to the extent such inve stment s are Permitted Inve stment .
"DTC' mean s The Depository Trust Company. New York , e w Yo rk. and it s s ucces o rs
in interest and assigns .
"DTC Blanket Lerr e r of Representations·· means the letter of repre sentati o ns fr o m the
City to DTC to induce DTC to act as securities depos itory for the Bonds .
"Event of Default" means any of the events s pec ified in th e Section hereof titled '·Event s
of Default."
"Interest Payment Dare·· mean each June I and December I, commencing June I , 2002 .
·'Official Star eme111'· mean s the final Official Statement relating to the Bo nd s.
"Outstandin g'' mean s, as o f an y date . all Bo nd s i s ued and delivered by the City. e xce pt
the following :
(a ) any Bo nd cancelled by the Cit y or the Paying Agent , or otherwi se o n the
City 's behalf. at or before such date:
(b ) any Bond held by or on behalf of the City ;
(c ) any Bond for the payment or the redemption o f which mone ys or
Defeasance Securities s ufficient to meet all of the payment requirements o f the principal
of, premium, if any , and interest on s uch Bond to the date o f maturity o r prior redempti o n
thereof. s hall have theretofore been depos ited in tru st for such purpose in ac co rdance
with the Section hereof titled "Defeasance··: and
(d ) any lo st. apparently destroyed. or wrongfull y taken Bond in lieu o f o r in
s ub~titution for whi c h another bond or other security shall have been e xec uted and
deli vered.
··Own er .. mean s the Person o r Pers ons in who~e name o r names a Bond 1s regist e red o n
the regi stration bo ok s maintained by the Payin g Agent purs uant hereto.
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··Pavin g A ge nt'' means the Ba nk and it s uccessors in int e res t o r assig ns approved by the
Ci ty.
·'Payi11 g A ge nt Agree 111 e111" mea n a n agreement between the City and the Pa) in g Age nt
concernin g the d utie s and o bli ga ti o n of the Pa yin g A ge nt with res pect 10 th e Bonds.
"Permitted !,,ves t111 e111s" me an any inv es tment in which fun ds o f the it~ ma~ be
in ves ted under th e Charter and th e la ws o f th e Stat e at th e tim e of s uch ill\e,tmcnt. ,ubJcct to an~
limitati ons which may be et fo nh in th e Commitm e nt.
"Person " mean s a corporati on, firm. othe r bod y corpo rat e. partner,hip. ai>,oc1at1on o r
individua l and al so includes an executor. admini trat o r. tru ~tce . re cei \ er o r ot her reprcscntat i \ e
appointed accordin g to la w.
·Prelimi11arv Official S1a1 eme11t'' means th e Pre lim inar) Offi ·ial tatement prq1ared 111
conne ct ion with th e sale and I suance o f the Bo nd .
"Projecr'· mea ns any purpose for which proceeds of th e Bond, ma~ be e ,pendcd under
the Act a nd the Ballot Question. including. but no t limited to. th e payment of co,t, o l 1~,uance o f
th e Bo nd s.
·'Projecr Acco1111 1" means the accoun t e stabli s hed by th e pro vi,io ns hereof fo r th.: purpo~c
of payin g th e costs properly attributable to th e Proj ec t. The P rojec t Accoun t ,hall be a ,ub,1diary
account o f th e appropriat e fund o r account of th e City. and separat e ly accounted for hy the it\
in accordance with the provi s ion s hereof.
"Reco rd Dar e'' mean s. wi th re s pect to eac h interest Payment Date . th e fifteenth da) of the
mo nth immediately preceding th e month (whether or no t suc h day is a Bu si ne,, D ay ) in \\ h1ch
suc h Int e rest Paymen t Date occ urs .
"Regisre red Co up o11 s" mean s th e separate , detached registered coupo n , e\ 1dencing
s uppleme nt:ll 111terest o n th e Bo nd s designated as "B.'' as se t forth in th e Secti o n here of titl ed
"Bo nd and Regbte red Coupons Detail s.'' U ntil the la st "B" interest pa m e nt date for th e
s uppl e me ntal intere,t (a s se t forth in the s ub sec ti o n hereo f titled '·Bo nd and Rcgi tered o upon
Detail ,-M a1 uri1 y Date s. Prin c ipal Amounts and lnt ere,t Rates··). th e defined term Bond~ ,h all
incl ud e th e R egistered Coupons and references to interest o n th e Bo nd , s h a ll include all amount,
payable on the Registered Coupons. except that : (a ) the te rn, "'Bond,·· doe, no t in ludc the
Registered Coupon s in the Secti o ns hereof titl e d "'Bo nd and Rc gi te red Coupo n De tail s:· "Form
of Bo nd s and Registered Coupons:· and ·'Tran ~fer and Exchange o f Bo nd s a nd Re giste red
Coupons" and "Redempti on of Bonds Prior to Maturit y''; a nd (b ) fo r purposes o f th e Section
hereof titled "Federal ln come Tax Covenant ."' only a po rti o n of th e a mo ulll ~ payable o n th e
Regi stered Coupons s hall be treated as intere t. as described in the section o f the Official
Statement describing the federal income tax treatment of int erest o n the Bo nd s .
"Ordinance" means thi, Ordinance. including any amendment, o r ,uppleme nt s here to.
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··Sale Cer1ijica re·· means the cenifi cate execut ed by th e Directo r of Finan ce and
Admin i trati vc Services u nd e r the authori ty delegat ed pursu ant to thi s Ordinance. in c lu ding but
no t limited to the S ectio ns he reof titl ed '·Bo nd and Reg iste red C oupo n De tail s.'· .. Redempti on of
Bo nd P rior to Maturity .. a nd ·'Approval of Rel a ted Documents·· which set fo rth . am o ng o th er
things. the prices at which th e Bo nd s will be sold. th e Dat ed D ate . inte re s t rates and a nnu a l
m at uring p rincipal for th e Bo nd s. and the payment d ates fo r the Registered Coupo n s. as well a,
th e dates o n which the Bo nd s may be re deem ed and th e redempti o n pri ces there fore .
.. S tar e ·· means the State o f C o lorado.
"Ta x Le if er of /11.w·11 cri ons" means the Tax Le tt e r of ln struction s, date d th e d a te o n w hi ch
th e Bo nd s are originall y issued and de livered to th e City b y Bond Counsel. as suc h instru c ti o n,
may be s uperseded o r amended in accordance with th e ir te rm s.
·'Unde rwriter· m ean s G eorge K . Baum & Company, D e n ve r. C o lo rad o.
Section 2. Authorization and Purpose of Bonds. Purs uant to a nd in acco rdance "uh
the Act and the Ball o t Question. th e Ci ty hereb y authorizes . and d ire c ts th a t there ,h all be is sued .
th e '·C it y of Englewood . Colo rad o , General Obligati o n Bo nds . Series '.WO I_-· in the agg n:gah.:
o ri g inal prin c ipal am o unt no t to exceed 8.3'.!5.000 fo r th e purpose o f pro viding fund . for the
Project.
Section 3. Bond and Registered Coupon Details .
(a) Registered Form, Denominations. Dated Date and Numbering . Th e Bo nd s
and th e Registe red Coupo n s hall be is ued in full y re g istere d fo rm . s hall be dated as of
th e Dated Dat e, a nd s hall be regist e red in the names o f th e Pe rson s identi fied in th e
re g istrat io n b o ks maintained by th e Pa yi ng Agent pursuant heret o. The Bo nd s s ha ll be
iss ued in den o minati o ns o f S5.000 in principal am o unt or an y integral multiple th ereof.
The R egiste red Cou pons s hall be i, ued in denominations o f $5.000 in the amount o f ··s ··
intere t due o n the ·'B'' interes t payme nt date set forth in s ubsec tio n (b ) of thi s Section .
The Bo nd s ·hall be con secutively numbe red . begi nnin g with th e number o ne. preceded by
th e lette r "R .'' The Reg istered C o upo ns s hall be consec uti ve ly numbere d , beginnin g with
the number o ne, preceded by the letter "RC ."'
(b ) Maturity Dates, Principal Amounts a11d lllterest Rates . Th e Bo nd~ . hall
mature o n Decembe r I of th e years a nd in th e princ ipal amo unt s. and s ha ll bear int ere s t
designated .. A., and s uppl e m e ntal interest designate .. B" al th e rate per an num
(calc ulated ba sed o n a 360-day yea r of twe lve 30-day m o nth s ) . e t fo rt h in th e alo.:
Certificate. The supplement a l interest designated .. B'' shall be evi d e nccd by Rc gi,tercd
Coupo ns payable in s pecific dollar amounts. The Council he reb y delegat.:s to the
Director of Finance and Ad mini trativ e Services th e authority to determine th e Dated
Dat e. th e p ri ce at w hi c h the Bo nd s will be sold. the aggre gate amo unt u f I rim:ipal nf
Bo nd s issued . th e principal a mo unt of Bo nd s maturin g in any panic ular yea r and th e rate
o f int erest desi g nated .. A .. and .. B'' o n th e Bo nd s . inc ludin g th e a m o unt o f .. B .. in terest
due o n a ny .. B" interc~t paym e nt date .
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(c) Accrual a11d Dates of Payment of /merest. ··A·· int e re st o n the Bonds s hall
accrue at the rates set fonh in the Sale Certificate from the later of the Dated Date or th e
late st [merest Pay ment Date (o r in the case of defaulted intere st. the lates t date) to which
interest has been paid in full and shall be payable on each lnt e re t Pa yment Date . ··B"
interest repre ,ented by the Regi stered Coupon s hall accrue at the rates et forth in the
Sale Certificate. commencing on the Dated Date and ending on the ··B .. intere st payment
date specified in the Sale Cenificate for the weighted average maturit y principal amount
of Bonds scheduled to be ou tstandin g during such accrua l period , and be paid as provided
in subsection (b) of thi s Section.
(d) Ma1111er a11d Form of Payment . Principal of each Bond and the :1mount
payable on each Regi stered Coupon shall be p::iy:ible to the Owner th e re o f up on
prese ntation and surrend er of such Bond or Regi~tered Coupon at the principal office ol
the Paying Agent in the c it y identified in the definition of Pa yin g Agent 111 the
Section hereof titled '·Definitions" or at ;uch other office of the Payin g Agent de~i gnated
by the Payin g Agent fo r such purpo\e . ..A .. intere~t on each Bond shall be payable b~
check or draft of the Pa yi ng Agent mailed on eai:h lntere t P::i yme m Date to th e Owner
thereof as of the c lo se of busine,, n the corresponding Record Date : pro vided that .. A ..
interest payable to an y Owner ma y be paid b) an , other means agreed to by such Owner
and the Paying Agent that doe, not require the it , to make money s available to the
Paying Agen t earlier th an othen, i,e re4u1red hereunder or increase the costs borne hy the
City here und er. A ll pa)~nems of the prini:1pal of and intere st o n the Bond . s h::ill be mad e
in lawfu l money of the Uni ted States f America .
(e) Book.-Etllry Registration . Notwith~tanding any oth er provision hereof. the
Bo nd s and the Regi stered oupo n, ,hall be delivered o nl y in book-entry form registered
in the name of Cede & o .. a~ nominee of OTC. acting as sec uritie s depository or the
Bond s and the Re gbtered Coupons and principal of and "A'' interest o n the Bond. and
the .. ff ' intere st payable on the Re gistered Coupons shall be paid by wire tran sfe r to OTC:
provided. however , if at any tim e the Paying Agent de termines. and notifie s the City o f its
determination. that DTC is no lo nger able Lo act as. or is no longer sa ti sfac to ril y
perfom1ing it, duties as. sec urities depository for the Bond s and the Regi stered Coupons.
th e Paying Agent may. at its discretion . either (i) desi gnate a subs titut e sec uritie s
depository for DTC and reregister the Bond s and the Registered Coupons as directed by
such substitute sec ur ities depository or (ii) terminate th e book-entry regi strati on system
and reregister the Bonds and the Registered Coupons in the name s of the beneficial
ow ners thereof provided to it by DTC. either the City nor the Payin g Agent shall ha ve
any liability to DTC. Cede & Co ., any sub st itute sec uritie s depo:itory. any Perso n in
whose name the Bond s and the Re gis tered Coupons arc reregi stered at the direction of
any substitute sec urities depository. any beneficial owner of the Bonds and the Re gis tered
Coupons or any other Person for (A) any determination made by the Payi ng Agent
pursuant to the proviso at the e nd of the immediately precedin g se menc e o r (B l an y action
taken to implement such detennination and the procedures re lated thereto that is takcn
pursuant to any direction of or in reliance o n any information provided by DT . C.:de &
Co., any sub sti tute sec uritie s depository o r any Per so n in whose name th e Bonds and the
Registered Coupons are reregistered.
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Section 4. Redemption or Bond s Prior to Maturity .
(a ) Optional Redemption . Th e Bo nd s s ha ll be subject to re d e mpti o n at th e o ption
of th e City. in wh o le o r in part . an d if in pa rt in suc h o rde r of ma tu r iti es a s th e Ci ty s hall
d e te rmine and by lo t w ithin a m aturit y o n uc h dates as set fo nh in th e S a le Certi ficate .
Th e C o un c il he re by d e legates to th e Directo r o f Fin a nce and Ad mini strati ve Se rv ices the
a uth o rit y to de te m1in e th e d ates o n w hi c h th e Bo nd s s hall be s ubj ec t to opti o nal
re de mptio n and th e re dempti o n pri ce o r prices a t whi c h suc h rede mpt io n m ay be m ad e.
(b) Mandatory Sinking F11nd Redemption . All o r an y prin c ipal amo unt o f the
Bo nd s may be s ubj e c t to mandato ry s inking fund red e mpti o n by lo t o n Decembe r I of th e
yea rs a nd in the prin c ipa l am o unt s s pe cifi e d in th e Sa le Certifi ca te. at a re dem pt io n pri ce
equ a l to the princ ipa l amo unt thereof (w ith no re de mpti o n pre mium ). plu ~ ac cruc>d
int e re s t to the rede mpti o n d ate . The Council hereby de legates to th e Direc to r o f Fi na nce
and Admini strati ve S e rvic es th e auth o rit y to de te rmine th e prin c ipal amo unt s a nd date ,
o n whi c h th e Bo nd s s ha ll be s ubjec t to mandato ry s in k in g fund rede mpti o n .
(c) Redemption Proced11res . Noti ce o f a ny re de mpt io n o f Bo nds shall be g iven
by th e Payin g Agent in the name o f th e Cit y by se ndin g a cop y of s uc h no ti ce by
fir st-class . pos tage pre pa id m a il , no t mo re than 60 d ays no r less than 30 d ays pr io r to th e
re de mpti o n d ate . to the O w ne r o f e ac h Bo nd bei ng redeeme d . Suc h no ti ce s hall s pecify
th e number or numbers o f the Bo nd s so to be redeeme d (i f red e mpti o n s hall be in pa rt )
and the rede mpti o n date . lf a ny Bond s hall ha ve been dul y c a ll e d fo r redempti o n an d if.
o n o r before the re demption date, th e re s hall have bee n de posit ed with th e Payin g Agent
in accordance with thi s Ordin anc e fund s suffic ie nt 10 pay th e re d e mpti o n pri ce of s uc h
Bo nd o n th e redemptio n date , th e n suc h Bo nd s ha ll become due and pay abl e at s uc h
re dempti o n dat e . and from and afte r suc h date int e rest w ill cease to acc ru e th e reon .
Fa ilure to deli ver a ny re de mpti on no ti ce o r a ny d efect in a ny rede mpti o n no ti ce s hall no t
affec t th e validity of the proceedin g fo r th e red e mpti o n o f B nd s w ith re s pec t to w hich
s uc h failure o r de fe ct did no t occ ur . An y Bo nd re dee med prio r to it s m a turit y by prio r
re de mpti o n o r o th e rwi se s hall not be re is ued a nd ~hall be cance ll ed .
Section 5. Security for the Bonds .
(a) General Obligations . The Bo nd s s hall be gene ral o bli gati o ns of th e C it y and
th e full fa ith and c redit of th e City are pl edged fo r the pun ctua l pay me nt o f th e princ ipal
o f and int e rest o n th e Bo nds . Th e Bo nds s ha ll no t con ti tute a debt o r indebted ne ss of th e
Co unty. th e State o r a ny po liti c al s ubdi v is io n of the S tate o th er th a n th e C it y.
(b ) Levy of Ad Valorem Taxes . Fo r th e purpo e o f pa yin g the princi pa l o f a nd
int e rest o n th e Bo nds when due , res pecti ve ly, the Coun c il s ha ll a nnu a ll y de te rmine a nd
c ertify to th e Bo ard o f Co unty Co mm iss io ne r · o f th e Count y. a ra te of levy fo r ge ne ra l ad
va lo rem taxes. witho ut limitati o n as to rat e o r amo unt. o n a ll o f th e tax abl e pro pe rty in
th e C it y, s uffi c ie nt to pay th e prin c ipal o f a nd int e res t o n th e Bo nd s w he n d ue .
re s pect ive ly. whe th e r a t m aturit y o r up o n e arli e r re de mpti o n.
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(c) Application of Proc eeds of Ad Valorem Taxes . The genera l ad va lo rem ta.\e~
levied pursuant to subsectio n (b ) of thi s Section . when collected. s ha ll be deposited in the
B o nd Account and s hall be app li ed so lely to t.he payment of the principal of and interest
on the Bo nds a nd for no o th e r purpose until the Bonds. including principal a nd int erest.
are fully paid. sati sfied a nd discharged .
(d ) Appropriation and Budgeting of Proceeds of Ad Valorem Taxes . Money~
received fr o m the ge neral ad valo rem taxes levied pursu a nt to s ubsection (b ) of this
S ecti o n in an amount suffi c ient to p ay th e principa l of a nd int erest o n th e Bo nds when
due , re s pectivel y, a re he reby appropriated fo r that purpose. and a ll amounts required to
pay th e principal o f and int e res t on the Bonds due. respecti ve ly, in e ac h ye ar s hall be
in c luded in th e annual budget and appropriation ord inance to be adopted and pa s,cd by
th e Council for s uc h year.
(e) Use or Advance of Ot/rer Legally Available Moneys. Nothin g he rein ·hall be
interprete d to prohibit o r limit the ability of th e City to use legall y available mo neys o ther
than th e proceeds of the general ad valo re m property taxes levied pursuant to subsec ti on
(b) of thi s Section to pay a ll o r a ny portion of th e prin cipal of o r interest o n th e Bonds. If
and to the ex tent s uch o th e r le gall y available mo neys are used to pay th e princ ipal o f or
intere t on th e Bo nd s . th e C it y may, but s ha ll no t be required to. (i) reduce th e am o un t of
taxe. levied for such purpose pursuant to ubsec ti o n (b) of thi s Section or (i i ) u~c
proceeds of taxes levied pursuant to subsect io n (b ) of th is Secti o n to re im burse the fu ncl
o r account from which s uch o ther le ga ll y available m o neys are withdrawn fo r th e amount
withdrawn from s uc h fund or account to pay th e prin c ipal o f o r interest o n the Bo nd s. If
the City se lects alternative (ii ) in the immed iat e ly preceding sent e nce, th e taxes lev ied
purs u a nt to sub secti on (b) of thi s Section sha ll include amounts s uffi cient to fund th e
reimbursement.
(f) Certification to County Commissioners . It is here b y declared that , if th e Ci ty
does n ot o therwi se de te rmine and ce rti fy to the Board of County Commissioners o f the
Count y a rate of levy fo r ge ne ra l ad va lo re m property taxes as req uired by s ubsection (b )
of thi s Section, the fo regoin g provis io ns of thi s Section shall constitute a certificate fr o m
th e Council to th e Board of County Commi ss io ners of th e County s howin g th e aggregate
amount of ad va lo rem tax es to be levied by th e Board o f County Commissioners o f the
County fr o m time to time , as required by law . fo r th e purpose of paying th e prin c ipa l of
a nd intere st on the Bonds when du e .
(g) Deposit of Moneys to Pay Bonds wit/,, and Payment of Bonds by l'ay in g
Agent. No later than three Bu s iness Days immediate ly preceding each date 0 11 w hi c h a
payment of principal of or interest o n the Bo nd s is d ue , th e City, from mo ne ys in th e
Bond Account or other legally available mo ne ys. ha ll depos it m o neys with th e Payi ng
Agent in an amount sufficient to pa y th e principal o f and interest o n th e Bo nd s due on
s uch date . The Paying Agent s hall use th e mo neys so deposited wi th it tn pay th e
principal of and interest on the Bonds when due.
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Section 6. Form of Bonds and Registered Coupons. The Bo nd s s hall be in
s ubstantially the fonn et forth in Appendix A hereto and the Registered Coupons s hall be in
substantiall y the form set forth in Appendix B heret o with s uch changes thereto, no t in con s istent
herewith . as may be necessary or des irable a nd approved by the officials of the City executing the
same (w ho se manual or facsimile signatures thereon shall constitute conclusive evidence of s uc h
approval ). All covenants, statement s, representation s and agreement s cont a ined in the Bo nd s and
the R eg is tered Coupons are hereby approved and adopted as the covenants , statements.
representations and agreements of the City. Although attached as appendices for the convenience
of the reader. Appendix A and Appendix B a re an integral pan of thi s Ordinance and are
incorporated herein as if set forth in full in the body of thi s Ordinance.
Section 7. Execution of Bonds. The Bo nd s s ha ll be execu ted in the name a nd o n behalf
of the City with the manual or facsimile s ignature of the Mayor of th e Council. shall bear a
manual or fac s imile of the sea l of the City and sha ll be att ested by the manual o r facsimile
signa ture of the City Clerk of the Council. all of whom are hereby authorized and direc ted to
prepare and execute the Bo nd s in accordance with th e req uirement s hereof. Should any officer
whose manual or facsimile signature appears on the Bo nd s cease to be s uch officer before
delivery of any Bond. s uch manual or facsimile signature ·hall nevertheless be valid a nd
s ufficient for all purposes. When the Bonds have been dul y executed. the officers of th e Cit y are
authorized to , and shall , deliver the Bonds to the Paying Agent for authentication. No Bond shall
be secured by or titled to the benefit of this Ordinance. o r s hall be va lid or obligatory for any
purpose, unless the certificate of authentication of the Payi ng Agent has been manually execu ted
by an authorized signatory of the Paying Agent . The executed certificate of authentication of the
Payin g Agent upon any Bond s hall be conclusive evidence. and the o nl y competent evidence . that
uch Bond has been properly authenticated and delivered hereunder.
Section 8. Temporary Bonds. Until Bonds in definitive form are ready for delivery.
the City may execute, and upon the reque s t of the City , the Paying Agent s hall authenticate and
deiiver. s ubject 10 the provisions, limitations and conditions set forth herein , o ne or more Bonds
in temporary form. whether printed , typewritten , lithographed or otherwise produced .
ub~tantially in the forms of the definitive Bonds. with appropriate omissions. variations and
in sertions. and in authorized denomination s. Until exchanged for Bonds in definitive form. such
Bonds in temporary form s hall be entitled to the benefits and sec urit y of thi ' Ordinance. pon
the presentation and surrender of any Bond in temporary fom1. the City shall , without
unreasonable delay, prepare, execute and delive r to the Payi ng Agent and the Paying Agent s hall
authe nticate and deliver, in exchange therefor. a Bo nd or Bonds of the same se ries in definitive
for m . Such exchange s hall be made by the Paying Agent without making any charge therefor to
the registered owner of s uch Bond in temporary form.
Section 9. Registration of Bonds in Registration Books Maintained by Paying
AgenL The Paying Agent s hall maintain regi rrati o n books in which the o wnership. tran sfe r and
exchange of Bonds shall be recorded . The person in who~e name any Bond s hall be registered on
s uch registration book s hall be deemed to be the absolute owner thereof for all purposes. whether
or 1101 payment o n any B o nd s hall be o erdue. and neither the Ci1y nor the P ayi ng Agent shal l be
affecteJ by any 1101iee or o ther informa1inn 10 1he contrary.
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Section 10. Transfer and Exchange of Bonds and Registered Coupons .
(a l Transfer a11d Exchange of Bonds . The Bonds ma y be lr :m,ferred or
e \changed al the principal office of th e Paying Agent in the ci ty identified in the
ctefiniuon f Payin g Agent in th e Section hereof titled "'D efi niti ons·· or at s uch o ther
offi e of th e Pa) ing Agent designated by th e Pa yi ng Age nt for suc h p urpose for a lik e
aggregate principal am unt of Bonds of oth e r a uth orized denomination, f the same
maturity and i111ere t rate. upon payme nt by the transferee of a reasonable 1rarn,frr ft:e
e 1ablished by the Paying Agent. together wi th any tax or 2overnmental charge required
to be paid with re,pecl to such transfer o r exchange and any cost of printing bond~ in
onnecl!on therewith. ·pon surrender for tran sfe r of any Bond . duly en tor. ed f r
tran~fer or accompanied by an a,,ignmenl duly executed by the 011 ner or hi, or her
all mey dul autho ri zed in writing, 1hr City shall execute and the Pc1~ing Agent shall
au1henticc1te and deliver in the name of th e tran sferee a new Bond. '.\1 01 11·11hstanding :my
o ther pr 11 . ion here of. the Payin g Agent ,hall not be required to tran ·f>t · any Bond ( i )
"h1 h 1s , heduled to be redeemed in whole r in part between the Bu~ines, Da~,
immedia tely preceding the mailing of the notice of redemption and the red.:mption dale or
(ii ) between the Re ord Date for any Int e rest Payment Date and suc h lnt ere,l Payment
Date.
(b ) Tramfer a11d Excha11ge of Registered Coupons . The Re gistered Coupon,
may be transferred or excha nged at the principal office of the Pay111 g Agent in the ci ty
identified in the definition of Pay in g Agent 111 the Secti n hereof ti tl ed .. Definiti ons .. or a1
~uch oth er office of th e Payi ng Agent designa ted by !he Pa yi ng Agent for ,uch purpose
for a lik e aggrega te amount of .. B .. interest due on the .. B .. intere~t payment d:11e
Registered Coupon s of other au thorized denomination, or the same payment da te . upon
payment by th e transferee of a reasonable tr:m~fer fee e~tabli~hed by th e Paying . gen!.
together with any tax r govern me nt al cha rge required to be paid with re,pect to wch
transfer o r exc hange and an, co l of printing bonds in co nn ection !h erewi th . Upon
surrender for tran sfer of any Registered Coupon. duly endor~ed for tran:fer o r
accompanied by an as ignmcnt duly executed by the Owner or his or her attorney du ly
authorized in writing. the Ci ty shall execu te and the Paying Agent .hall authemicate and
deliver in the name of the transferee a new Registered Coupon.
Section 11. Replacement of Lo st, Destroyed or Stolen Bonds. If any Bond shall
become lost.. apparent ly destro yed . stolen or wro ngfu ll y taken. it may be replaced in the form and
tenor of the lost. destroyed. sto len or ta ken Bond and the City shall execute and the Paying Agent
shall authenticate and deliver a replacement Bond upon the Owner furnishing. 10 the ,ati,facuon
of th e Payi ng Age nt: (a) proof of ow ne rship (which ~hall be show n by the reg1,1ra1ion boob of
th e Payin g Agent\. (b) proof of lo ss . de struction or th eft. (c) a n 1ndemni1 . 10 the City :ind the
Pa yi ng Agent with re spec t to the Bond lost , de stro yed or 1akt:n . and \dl payment of the co,t or
preparing and executing the new Bond .
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Section 12. Creation of Accounts; Initial Credits to Accounts.
(a) Creation of Accounts . There is hereby established the Bond Account and the
Project Account. The foregoing accounts shall be maintained by the City in accordance
with the provision s of thi s Ordinance .
(b ) Initial Credits to Accounts. Upon payment to the City of the purchase price
of the Bonds in accordance with the Bond Purchase Agreement , the Bonds shall be
delivered to, or as directed by, the Underwriter and the proceeds received by the City
from the sale of the Bonds shall be applied as a supplemental appropriation by th e City.
as follows :
(i) to the Bond Account. the accrued interest on the Bonds from th e dated
date thereof to the date of iss uance , if any:
(ii) to the Project Account. th e remaining proceeds of the Bo nd s.
Section 13. Investments. Proceeds of the Bonds delivered to the City pursuant to the
Section hereof titled "Creation of Accounts: Initial Credits to Accounts," moneys on deposit in
the Bond Account and any moneys held by the Payin g Agent with re s pect to the Bonds shall be
invested in Permitted Investment s, provided that the investment of such moneys shall be subject
to any applicable re strictions set forth in the Tax Letter of In structions and in the .. T ax
Compliance Certificate" or similar certificate delivered by the City in connection with the
iss uance of the Bonds that describe s the City 's expectations regarding the use and inve stment of
proceeds of the Bonds and other moneys and the use of th e Project.
Section 14. Various Findings, Determinations, Declarations and Co,•enants. The
Council, having been fully informed of and ha vin g considered all the pertinent facts and
circumstances, hereby finds, determine s, declares and covenants with the Owners of the Bo nd s
that :
(a) voter approval of the Ballo t Question was obtained in accordance with all
applicable provisions of law ;
(b) it is in the best interest of the City and it s residents that the Bo nd s be
authorized, so ld . iss ued and delivered at the time , in th e mann e r and for th e purposes
provided in this Ordinance;
(c) the issuance of the Bonds will not cause the City to exceed its debt limit under
applicable State law;
(d) the OTC Blanket Lener of Repre se ntation s to be entered into with OTC will
govern the hoo k-entry registration system for the Bo nds: and
(e) the iss uan ce o f the Bond s and all procedures undertaken incident th e reto are
in full compliance and conforn1it y with all applic:.ible requirements, provisions and
lim itations prescribed by the Charter. the Constitu ti on and law s of the State , including the
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Act a nd th e Ba ll o t Question. and all conditions a nd limitation of th e Chart er. th e Act. the
B a llo t Ques tion and o th e r app li cable law relating to the iss uance of th e Bend~ have been
s ati sfied.
Section 15. Federal Income Tax Co,·enants. Fo r pu rposes of ensurin g th at the interest
o n th e Bo nd s is and remain s excluded from gro~~ income for federal income tax purposes. th e
Ci ty he reby cove nants th a t :
(a) Prohibited Actions . The ity wil l no t use o r permit th e u se of a ny proceeds
of th e Bonds o r a ny o th er fund, of th e Ci t I from whatever source derived, directl y o r
indirect ly . to acquire an~' ·ecuriti e s o r obli ga ti o ns and ,hall no t take o r permit to be taken
a n y oth e r ac tion o r actiom,. which wo uld cau se an . Bo nd to be a n .. arbitrage bond .. wit h in
the meanin g of Section 14 of th e Coe.le. or wo ul d o therwi se cau se th e int e re~t o n any
Bo nd to be inc ludibl e in gros income fo r federa l income ta pu rp oses.
(b ) Affirmative Actions . The City will at all time do a nd perform all aw,
pem1itted b y law that are necessary in o rd er to as ure that int erest paid by th e C it y o n the
B o nds s ha ll no t be includible in gross in come fo r fede ra l income tax purpose s under the
Code o r any o ther va lid provis io n of law . 1.n particular. but without limita ti o n. the Cit y
represents. warrants and covenants to compl y wi th th e followi ng rul es unl ess it re c e i\-e s
an o pini o n of Bo nd Counsel s tatin g that .u h c m p lian ce is not neces,ary : (i) g ross
proceed s of th e Bo nd s and th e Project will no t be used in a manne r that w ill cause th e
Bo nd s to b e con s id e red ··1 ri va te activity bond~·· wi th in th e mean ing of th e Code : (ii ) th e
Bonds are n o t and will no t become directly o r indirec tly .. fede ra ll y g uaranteed .. : and (iii )
th e City will timel y file an Lnt e rnal Reve nu e Service Form 8038-G with re s pect to the
Bo nds. which s hall contain the informati o n required to be fi led pursuant to Section I 49(e )
o f th e Code.
(c ) Tax Letter of /11structio11s . The Ci ty will compl y with th e Tax Lener of
In s tructions delivered to it o n th e date of iss u a nce of th e Bo nds, in c luding b ut no t limited
by the provisions of th e T ax Le tter of In s tru c ti o ns re ga rdin g the app licat1 0n anJ
inve. tm e nt of Bo nd proceeds, th e u se of th e Project. th e calculations. th e depo,its. th.::
dbburse m e nt s . th e inves tm e nt a nd th e re te nti o n of reco rd s desc ribed in th e Tax Lener of
In tru ction ~: provided that. in th e eve nt th e Tax Le n e r o f In s truc ti o ns an: supe rseded o r
am e nd ed by new T ax Letter o f Ln st ru c ti o ns drafted by , a nd accompanied by a n opi ni o n o f.
Bo nd Counsel stating that the u se of the new T ax Le tt e r of In structi o n s will no t cau,c th e
interest o n th e Bo nds to become includibl e in gross income fo r federal income tax
purposes, the City will thereafter compl y with the new Tax Letter of In stru ct io n ,.
(d) Designation of Bonds as Qualified Tax-Exempt Obligatio11 .~. The it~
hereby designates the Bonds as qualified tax -exe mpt ob li gati o ns within th e meanin g or
Section 265{b)(3) of the Code. The Cit y covenant s that the aggregate face amo u nt o f all
tax-exempt obligations iss ued by the City, togeth e r with governme ntal e ntiti e s \ hid,
derive their issuing authority from the City or are s ubject to su bs ta ntial control hy the
City, shall not be more than S 10.000,000 during c alendar year 200 I . The City rc cog 111 zc ,
that such tax-exempt obligations include n o te s. leases . loan~ an d warrants . as \~t:11 a s
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bonds . The City furth e r recogni zes th a t a ny bank . thri ft in stituti o n o r o th e r fi na ncia l
institutio n that owns the Bo nd s w ill re ly o n th e C ity 's design ati o n of th e Bo nd s as
q ua l ified tax -exempt o bli gati o n s fo r the purpose of avo idin g th e loss o f I 00% of a ny
o th erwise avail ab le inte rest de duc ti on att rib ut a bl e to s uc h in s ti tutio n ·s tax-exe m p t
h o ld in gs .
Section 16. Defeasance. A ny Bo nd sh a ll no t be dee me d to be Outsta ndin g he re unde r if
it hall have bee n paid and cancell e d o r if Defeasance S ecuriti es sha ll have bee n d e pos it e d in
tru t fo r th e p aym e nt thereo f (whethe r up o n o r pri o r to th e maturity of s uc h Bo nd , but if s uc h
B o nd is to be pa id pri o r to maturity . the City s ha ll have g i ve n th e Pay in g Age nt irrevocable
d irecti o ns to gi e n o ti ce o f redempti o n as require d by thi s Ordin a nce. o r s uc h no ti ce s ha ll ha ve
been g i ve n in accord a nce with thi s Ordina nce). IJ1 computin g th e am o unt o f th e deposi t
d escri bed a bove. t he C it y may i nc lude th e m a turin g p rin cipal of a nd int e rest to be earn ed o n th e
D efeas:1nce Securi t ie,. Lf le , than a ll th e Bo nds a re to be def eased pursua nt to th is Section. th e
Cir .. in it ,ole di ·cretion. may ele t whic h of th e Bonds ha ll be defeased.
Notwith landing anything herein to the cont ra ry . in th e event that th e pri nc ip a l an d/or
intere t d ue on the Bonds shall be paid by the Bo nd Ln -urer purs uant to th e Bond IJ1su ran ce
Po l icy . th e B nds . hall remain Out~tanding fo r a ll pu rposes , not be def eased or o th erwise
sati fi ed a nd not be mi<lerc<l p:11d by th e City. a nd a ll cove nant s. agree m e nt s a nd o th e r
obl igation of the it to the Owner~ s ha ll cont inu e to exist and s hall ru n to the be nefi t of th e
Bo nd In s urer. a nd the Bo nd Ins urer s ha ll be u brogate d to th e ri ght s o f suc h Owne rs.
Section 17. Event~ of Default Each o f th e fo ll owin g eve nt s cons titut es an Eve nt of
Defau lt :
Ca) Nonpayment of Pn'ncipal or Intere st . Fa ilure to make an) payment of
pri nci pal of or interes t on the Bo nd whe n tl ue.
(b) Breach or Nonperformance of Dutie s. Breac h by th e Ci ty of any malcrial
coven a nt set fo rth he rei n o r fa ilure by th e City to pe rfo rm an y mat e ria l d ut im po~ed o n it
h e re un der a nd cont inua t io n of suc h breach o r fa ilure fo r a pe ri od of 60 days after rece i pt
b y the Ci ty Att orney of writt e n no ti ce thereof fr o m th e Payin g Agent or from th e Owners
of at least I 0 % of th e aggregate am o unt o f th e Bo nd Obli gati o n , provi d ed th a t s uc h 60
day pe ri od sh a ll be ex te n ded so lo ng as th e C it y h as commenced a nd cont inu es a good
fa ith e ffo rt to re m edy s uc h breac h o r fa ilure .
(c) Bankruptcy or Receivership . A n o rder of dec ree by a court of compe te nt
j uri sdi c ti o n decl aring th e City b ankrupt unde r fe de ral bankruptcy law o r a ppo int i n g a
receiver o f all o r an y m a terial po rti o n of the Ci ty's assets o r revenu es is e nt e re d w ith th e
consent o r acquiescence o f the Cit y o r is e nte red wi th o ut th e co nse nt o r acq ui esce nce of
th e C ity b ut is no t vac ated. di scharged o r s taye d with i n 30 days afte r it is e nt e red.
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Section 18. Rem edi es for Eve nts of' Default .
(a) Remedies . pon the occurrenc e and continuan ce of any Event of Default. the
Owners of no t le . s than 25'7o of the aggregate amount of the Bond Obligation. inc ludin g.
without limitation. a tru s tee or tru stees th erefor may proceed against th e Ci ty to protect
a nd to e nforce the ri ghts of th e any Owners under thi s Ordinance by m andam u s,
inj un c ti o n o r by other sui t. action or pecial proceeding in equi ty o r at law. in any court
of competent juri diction : (i) fo r the payment of interest on any installment of principal of
any Bond that was not paid when due at the interest rate borne by such Bond : (ii ) for the
spec ific performance of any covenant contained herei n: (iii ) to enjoin any ac t that may be
unlawful or in violation of an y right of any Owner of any Bo nd : (iv) for a n y o th er proper
legal or equitab le remedy: or (v) ny combination of su ch remedies or as othe rwi se may
be authorized b y applicable law: provided. however. that acceleration of any amo unt n ot
ye t due on the Bonds according to their terms hall no t be an avai labl e remed y. All s u c h
proceedings at law or in eq uit y s hall be in,titu ted. had and maintained for the equal
benefit of all Owners of Bo nd s then Outstanding.
(b) Failure lo Pursu e Remedies No t a Release: Rights Cumulative . The fa ilure
of a ny Owner of any Outstanding Bond to proceed in accordance with ,ubsection (a ) of
this Section s hall not relieve the City of an y li abili ty fo r failure to perform or carry o ut its
duties under thi Ordinance. Each right or privile ge of any uch Owner (o r tru s tee
therefor ) is in addi tion and is c umulati ve to any ot her ri g ht or privilege . and the e'l:ercise
of any right or privile ge by or on behalf of any Owner shall not be deemed a wai ve r of
any o th er right o r privilege of s uch Owner.
(c) Bond Insurer Tlrird-Party Beneficiary: Right to Con trol Rem edies . T o the
extent that thi s Ordinance confers upon or gives or grant s to the Bond Insurer any ri g ht.
remedy o r c laim under or by reason of thi s Ordinance. the Bo nd In urer i, hereby
explicitly recognized as being a third-party beneficiary hereunder and may enforce :my
s uch right , remedy or c laim conferred. g iven o r granted hereunder. Upon the occ urrence
and continuance of an Event of Default. so lo n g as it is no t in default of it s o bli ga tion,
under the Bo nd In surance Po li cy. the Bond Ln s urer s hali be e ntitl ed to c ntrol and direct
the e nforcement of all rights and remedies granted to the Owners under thi s Ordinance
and pursuant to State law .
Section 19. Amendment of' Ordinance.
(a) Amendments Permitted without 'Votice to or Conse nt of Owners. The Ci ty
may, without the consent of or notice to the Owners of the Bo nd s. adopt o ne o r more
ordinances amending o r s upplementin g thi s Ordinance (which ordi nances s hall thereafter
become a part hereot) for a ny one o r more o r a ll of the. fo ll owi n g purposes :
02-/0JJlll.02
(i) to cure any ambiguity or to c ure, correc t or upplcment a n y defec t o r
inconsistent provision of this Ordinance :
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(i i) to subjec t to thi s Ordinance or pledge to the payment of the Bonds
additional revenues. properties or collateral ;
(iii ) to in stitute or terminate a book-entry regi stration sys tem for the
Bonds or to facilitate the designation of a sub sticute sec urities depository with
respect to such a sys tem :
(iv) to maintain the then existing or to sec ure a higher rating of the Bo nd s
by any nationally recognized securities rating agency ; or
(v) to make any other change that does not materially adversely affect th e
Owners of the Bonds .
(b) Amendments Requiring Notice to a11d Co11sent of Ow11ers . Except for
amendments permitted by s ubsec tion (a) of thi s Section , thi s Ordinance may only be
amended (i) by a ordinance. of the City amending or supplementin g thi s Ordinance
(w hich , after the consents required therefor, shall become a part hereof); and (i i) with the
written consent of the Owners of at least 66-2/3 % of the Bond Obligation ; provided that
any amendment that makes any of the following changes with respect to any Bond shall
not be effective without the written consent of the Owner of such Bond: (A) a change in
the maturity of s uch Bond: (B) a reduction of the interest rate on such Bond : (C) a chan ge
in the term s of redemption of such Bond ; (D ) a delay in the payment of principal of or
interest on such Bond; (E) a reduction of the Bond Obligation the consent of the Owner
of which is required for an amendment to this Ordinance; or (F) the establishment o f a
priority or preference for the payment of any amount due with re spect to any other Bo nd
over s uch Bond.
(c) Procedure for Notifying and Obtaining Consent of Owners . Whenever the
consent of an Owner or Owners of Bonds is required under subsection (b) of thi s Section.
the City shall mail a notice to such Owner or Owners at their addresse as se t fort.h in the
registration books maintained by the Payi ng Agent and to the Underwriter, which no ti ce
shall briefly describe the proposed amendment and state that a copy of the amendment is
on file in the office of the City for inspection . Any con~ent of any Owner of an y Bo nd
obtained with re spect to an amendment shall be in writin g and shall be final and not
ubject to withdrawal , rescission or modification fo r a period of 60 day s after it is
delivered to the City unless another time period is stated for such purpose in the notice
mailed pur uant to thi s s ubsection.
(d) Consent of the Bond l11surer in Addition to Consent of Owners . The Bo nd
In s urer 's consent shall be required in addition to the consent of Owners , when required.
for the following purposes: (i) execution and delivery of any supplemental Ordinance or
any amendment. supplement or change to or modification of this Ordinance: (ii ) removal
of th e Pa ying Agent and se lection and appointment of a suc ces or: and (iii ) initiation o r
approval of any action not described in (i) or (ii ) above which requires the consen t of
Owners .
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Section 20. Appointment and Duties of Paying Agent Th e Payi ng Agent ide nti fied
in th e Sec ti o n hereof titled '·De finiti o ns'' is he reby a pp o inte d as pay in g agent , reg i. tr a r an d
authe nti catin g agent fo r the Bo nd s unl ess and until th e C it y re moves it as s uc h a nd ap po int s a
s uccessor Pay in g A gent , in whi c h event s uc h s uccessor sha ll a ut o mat icall y ucc e e d to th e d ut ies
of the Paying A gent he re under a nd it s pre decessor s ha ll immediat e ly turn o ver a ll it s records
re _:a rdin g the B o nds to s uc h s ucce ss or. The Payin g Age nt s ha ll agre e to perfo rm a ll dut ie a nd to
take a ll action s assig ned to it here under in accord ance with th e te rm s he reof.
Section 21. Approval of Related Documents. The C o un c il here by ratifi es a nd
a ppro ves the di s tribution and use in conn ecti o n w ith th e o ffe rin g o f the Bo nd s o f th e Preli min a ry
Offic ial S tatement re latin g to the Bonds: a uth o ri zes a nd direc ts the pre parati o n o f. a nd alllh o ri zes
and directs th e execution by the Mayor of th e C o un c il o f, an O ffic ia l State m e nt fo r use in
connecti o n with the sal e o f th e Bo nd s in s ul•s ta nti a ll y th e fo rm o f th e Pre limin a ry Officia l
Statement. with s uch changes there in , if a ny, no t in c on s iste nt he rew ith. as are approved by th e
Mayor of the C o un c il (wh ose s ig nature th e reon shall co nstitut e conc lu s ive ev ide nce of s uch
a pproval): and for a period of s ixty d ays fo ll o wing the ad o pti o n of thi s Ordinance, th e Direc to r of
Finance and Administrative Services is a uth o rized to e xec uted the Bo nd Purc hase A gree me nt.
whi c h shall be in s ub stanti a ll y th e fo rm presente d to th e City a t thi s meetin g and sha ll be
compl e te d in accordance with th e te rm s of thi s Ordinance (w hi c h . o nce execute d . s ha ll constitut e
conc lu s ive evide nc e of approval o f the Cit y). The Mayo r o f th e C o uncil , th e City C lerk a nd a ll
o ther a ppropri ate o ffi cers o f th e C o un c il are a lso here by a uth o ri zed a nd direc te d to exec ut e an
unde rta kin g to fac ilit ate compli a nce with Sec uriti es and Ex c han ge C o mmi ssio n Rul e l 5c2-l 2
( 17 C.F.R . § 240. I 5c 2 -l 2), tli DTC Bl anke t Letter o f Re prese ntati o ns. th e P ay in g Age nt
Ag ree ment. a "T ax C o mpliance Ce rti fica te " o r imilar certificate d escribin g th e C it y's
ex pec tati o ns regardin g th e use a nd in ve s tm e nt c. t r roceeds of th e Bo nd s and o th e r m o neys an d
th e use of th e P roj ect, a n lntemal Revenu e Se rvice Fo rn ' 8038-G w ith res pect to th e Bo nds an d
a ll o the r doc ume nt s a nd certifi cates necessary or des irable to e ffe c tuate th e iss uan ce o r
admin is tration of the Bonds, th e in ve stme nt o f proceed s of th e Bo nd s and th e tra nsac ti o ns
conte mplated he reby.
Section 22. Authorization of Bond Insurance .
(a ) Th e officers of th e C ity a re he reb y a uth o rized a nd d irec te d to take a ll ac ti o ns
necessary to cause th e Bo nd In s ure r to iss ue th e r. nd In s uran ce P : 'C/ in acco rdance
wi th th e Commitme nt , in c ludin g w ith o ut limit ati o n , paym,:nt o f th e p re mium d ue in
conn ect ion th e rewith . The exec uti o n of th e C o mmitment by th e appro pri a te officer of the
Ci ty is he reby ra ti fi ed and a pprove d .
{b ) In th e event that. o n th e second Bu s in ess Day, a nd a g a in o n th e Bu si nes s Day,
pri o r to th e paym e nt d ate o n th e Bonds, th e Payin g A ge nt has no t received s uffic ient
mo neys to pay a ll prin c ipal o f a nd inte re st o n th e Bo nd s du e o n th e second fo ll ow in g o r
fo ll owin g. as th e case may be , Bu s ine ss Day. th e Pay in g A ge nt s ha ll imme di ate ly no tify
th e Bo nd In s urer o r its designee o n th e same Bu s in ess Day by te le ph o ne o r te legrap h.
confirmed in writin g by regi stered or c ertified mail , o f the am o unt of th e defi c ien cy .
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(c) If the deficiency is made up in whole o r in part prior to or on th e payment
date , the Paying Agent shall so no tify the B o nd In sure r or it s designee .
(d) 1n addition. if the Payi ng Agent has noti ce th at any Owner ha s bee n req uired
to disgorge payments of principal or intere t o n th e Bo nd s to a tru stee in Bankrupt cy or
creditors or others pursuant to a final judgment by a court of competent jurisdiction that
such payment constitutes an avoidable preference to such Owner within the meanin g of
any applicable bankruptcy laws , then th e Payi ng Agent shall notify the Bond Ln sure r or ib
designee of such fact by telephone o r tele g raphi c no ti ce. confirmed in writing b y
registered or certified mail.
(e) The Paying Agent is hereb y irrevocabl y des ignated . appointed. directe d and
authorized to act as attorney-i n-fac t for Owners of the Bo nd s as follows:
(i) Lf and to th e extent th ere i~ a deficie ncy in amounts require d to pay
interest on the Bo nd , the Pa yi ng Agent ,hall (a) execute and deli ve r to State
Street Bank and Trus t Compan . 1.A .. o r ih successors under th e Bo nd In suran ce
Policy (the "In surance Payin g Agent .. ). in fo rm s ati sfactory to the In surance
P ay in g Age nt, an instrument appointing the Bo nd In surer as age nt fo r s uc h
Owners in any legal proceeding related to the payment of s uch int erest and an
assignment to the Bond ln,urer of th e claims for interest to whi ch s uch defi c ie ncy
relates and which are paid by the Bond In sure r. (b ) re ce iv e a de s ignee o f th e
res pective Owners (and not as Payin g Age nt ). in accordance w ith th e te no r of the
Bond In surance Policy, payment from the Ln surance Age nt with res pec t to the
claims for interest s o assigned , and (c) di burse the same to s uch respec ti ve
Owners: and
(ii ) lf and to the extent of a deficiency in amounts required to pay
principal of the Bonds, the Paying Age nt shall (a) execute and deliver to th e
Insurance Paying Agent in form s atisfactory to the Insurance Payi ng Agent an
instrument appointing the Bond Insurer as agent for such Owner in an y le ga l
proceeding relating to the payment of such principal and an assignment to th e
Bond Insurer of any of the Bonds surrendered to the Ln s uran ce Payin g Agent of so
much of the principal amount thereof as has no t prev iou s ly been paid or for which
moneys are not held by the Payin g Age nt and available for such pay ment (but
s uch ass ignment s hall be delivered only if payment from th e In suran ce Pay in g
Agent is received). (b ) receive as designee of the re s pective Owners (and no t as
Payin g A ge nt ) in accordance with the tenor o f the Bo nd In surance Po li cy pay m e nt
therefor from the In surance Payin g Agent. and (c) di s burse th e s am e to s uch
Owners.
(f) Payments with respect to claims for intere st on and principal of Bo nd s
disbursed by the Paying Agent from proceeds of the Bo nd In suran ce Po li cy ~hall no t be
cons id e re d to disc harge the ob li gation of th e City with re spec t to suc h Bonds. an<l the
Bo nd In s urer shall beco me th e ow ne r o f s uc h paid Bo nd s and claim s for th e int eres t in
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accordance with the tenor of the as s ignment made to it under th e provisions of thi~
subsection o r o th erwise .
(g ) Irrespecti ve of whether any suc h assignment is executed and delivered . th e
City and the Payi ng Agent hereby agree for the benefit of the Bo nd In s urer that:
(i) They recognize that to th e extent the Bond In surer m akes payments .
directly o r indirectly (as by paying thro ugh the Payi ng Agent ). o n account of
principal of o r interest o n the Bo nd s. the Bo nd In surer will be s ubrogated to th e
rights of s uch Owners to receive th e amount of s uch principal and inte re5t from
the City, with interest th e reon as provided and so lely from th e so urces stat ed in
thi s Ordinance and the Bonds ; and
(ii ) They will accordingly pay to th e Bo nd In s urer th e amount of s uc h
principal and interes t (includin g principal and interest recovered under
subparagraph (ii ) of the first p aragraph of the Bo nd In surance Po li cy. w h ich
principal and interest shall be d ee med past due and not to h ave been paid ). with
inte rest thereon as provided in thi s Ordinance and th e Bo nd s . but o nl y from th e
sources and in the m anner provided herei n fo r th e payment of principal o f :.incl
intere.st o n the Bonds to Owners . and will o th e rwi se treat th e Bo nd In sure r a;. the
owner of such ri ghts to the amount o f s uc h principal and inte rest.
(h ) In connection with the iss uance of additi o nal Bonds, the City shall de liver to
th e Bond In s urer a copy of the di sc losure d oc ument. if any , ci rc ulated with re~, ect to ~uch
additional Bonds .
(i) Copies o f a ny amendments made to the document execut ed in nnec tion
with the issuance of th e Bonds which are consented to by th e Bo nd In ·urcr ~hall be sen t
to Standard & Poor"s Ratings Services, a Divi s io n o f The McGraw-Hill Companies. In c .
(j) The Bond In surer s hall receive no ti ce of the res ignati o n o r removal of th e
Pay in g Agent a nd the appointment o f a succe ssor th e ret o .
(kJ The Bond In s urer s hall rece ive copies of all notices require d to be del i w red tu
Owners and. on an annual bas is. copies of th e C it y 's a udit ed finan cial state ment s and
Annual Budget.
Any no tice that is required to be given to a Owner of the Bo nd s o r to th e Payi n g Agent pursuant
to this Ordinance shall also be provided to the Bo nd In s urer. All no ti ces req uired to be g iven to
the Bond Insurer under thi s Ordinance shall be in writin g and s hall be sent by reg istered or
cenified mail addressed to MBIA Insurance Corpo rati o n. 11 3 Kin g Street. Armonk. New Y o rk
I 0504 , Attention : Surveillance.
Section 23. Events Occurring on Days That Are Not Business Days. Except as
otherwise specifically provided herein with res pec t 10 a particular payment. event o r action. if any
payment to be made hereunder or any event o r ac ti o n to occur here under which . but for thi s
Section, is to be made or is to occur on a day that is not a Bus iness Day. suc h paym e nt. event o r
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ac ti o n sha ll instead be made or occur on the next s ucceeding day that is a Bu s ine ss Day with the
same effect as if it was made or occurred on the date on which it was originally cheduled to be
made o r occur.
Section :?4. Limitation of Actions. In accordance with Section I 1-57-212 . C o lo rad
Revi ed Statutes, no legal o r equitable action can be brought with re s pect to an le g i ·Jativ e ac ts
or proceedings in connection with the authorization or is suance of the Bonds mo re than 30 da ys
after the issuance or authorization of such securities. whichever occur later.
Section 25. Ordinance is Contract with Owners of Bonds and lrrepealable. After
the Bonds have been iss ued. thi s Ordinance shall be and remain a contract between the City and
the Owners of the Bonds and shall be and remain irrepealable until all amounts due with res pec t
to the Bonds s hall be fully paid , sati s fied and di sc harged and all o th e r o bligations of the City with
respect to the Bonds shall have been sati s fied in the manner provided herein .
Section 26. Headings. The headin gs to the various section s and s ub:s -Jc tion s to thi s
Ordinance have been inserted so lely for the convenience of the reader, are not a part of thi s
Ordinance and shall not be used in any manner to interpret thi s Ordinance.
Section 27. Severability. It is hereby expressly declared that all provi s ion s hereo f and
their application are intended to be and are severable. In order to implement s uch intent. if any
provision hereof or the application thereof is deterrnined by a court o r administrative body to be
invalid or unenforceable. in whole or in part , s uch determination shall not affect. impair o r
invalidate any other provision hereof or the application of the provi ion in question to any o ther
s ituation; and if any provision hereof or the application thereof is determined by a court or
administrative body to be valid or enforceable onl y if it s application is limite d. it s application
s hall be limited as required to most fully implement its purpose.
Section 28. Repeal of Inconsistent Ordinances, Resolutions, Bylaws, Rules and
Orders. All ordinances , resolution s, bylaws, rule s and orders. o r part s thereof. that are
incons istent with or in conflict with this Ordinance , are hereby repealed to the extent of s uch
in consistency or conflict.
Section 29. Ratification of Prior Actions. All ac ti o ns heret ofore taken (no t
inc onsi s tent with the provi s ion s of thi s Ordinance , the Ac t o r the Ball o t Quest io n) by th e C o un c il
or by the officers and employees of the Cit y directed toward the iss uan ce o f th e Bo nds fo r the
purposes herein se t forth are hereby ratified, approved and confirmed .
Section 30. Declaration of Emergency . The Council has been advised that the
designation of the Bonds a bank qualified , as provided in Section I S(d ) of thi s Ordinance, will
permit the City to obtain the lowest interest rates poss ible for the Bonds. In order to so des ig nate
th e Bonds. the Bonds mu st be issued in calendar year 2001. Because the Bonds would no t be
able to be issued in 2001 without the use of an emergency ordinance. the Council hereby fi nd s
and determine~ ;hat thi s Ordinance is ne cessary for the immediate preservation o f public
property. he alth. peace and s afety and s hall be in full force and effect immediatel y up, n final
pass age by th e Council.
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Introduced , read in full , and passed as an emergency ordinance on first reading . on the
19'" day of November 200 I.
Publi shed as an Emergency Bill for an Ordinance on the 23rd day of November 200 I .
Read by title and passed on final reading as an Emergency Ordinance on the 3rd day of
December, 200 I .
Published by title as Emergency Ordinance No. _, Series of 200 I , on the 7'" day of
December, 2001.
(SEAL)
Beverly J . Bradshaw , Mayor
ATTESTED:
Loucrishia Ellis, City Clerk
I, Loucrishia Ellis, City Clerk for the City of Englewood. Colorado, hereby certify that the
above and foregoing is a true copy of the Emergency Ordinance passed on final reading and
pub I ished by title as Emergency Ordinance No. _, Series of 200 I .
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··A'' Interest Rate
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REGLSTERED OWNER :
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APPENDIX A
FORM OF BOND
UNITED ST A TES OF AMERICA
STATE OF COLORADO
CITY OF ENGLEWOOD. COLORADO
GENERAL OBLIGATION BOND
SERLES 2001
Maturity Date
December I .
Cede & Co.
Original Dated Date
____ , 200 I
Tax Identifi cation Number: 13 -255511 9
PRINCIPAL SUM :**
$ ___ _
CLSIP
DOLLARS **
The City of Englewood. Colorado, a duly o rganized and validly existing home-rule
municipalit y of the State of Colorado. for value received. hereby pro mi ses 10 pay to the o rder of
the regi stered owner named above. o r re g istered assigns. the principal s um stal ed above o n the
maturity date s tated above. with interest on such principal s um from the o ri g inal dated dat e s tat ed
above at the intere,t rate per a nnum staled above (ca lculated based on a 360-day year of tw e lve
30-day m o nth s). payable o n June I and Decembe r I of each year. commencing June I . 2002.
Capitalized te rms used but not defined in thi s bond shall have the meaning assigned to them in
the Ordinance o f th e Cit authorizing the issuance of the Bo nd s.
The prin c ipal o f and interest on thi s bond is payabl e to the regis tered o wner hereof upo n
pre sentation and s urrender of thi .. bond at the principal operations o ffic e of The Bank of Cherry
Creek, N .A .. as payin g agent. in Denver. Colorado. or at s uch o ther office of the Payin g Agent
designated by the Payin g Agent for such purpose . Intere s t o n thi s bo nd is paya ble b y c heck o r
draft o f th e Paying Agent mailed o n th e Lntere s t Payment D ate to the re g iste re d owner hereof as
of the fifteenth day o f th e m o nth immediatel y precedin g the mo nth (whether o r no t s uc h day is a
Bu s iness Day) in which the Lntere s t Payment Date occurs: provided that. intere st payab le to the
regi,tered owner of thi s bo nd may be paid by an y o ther mean s agreed to by such re g iste red o wner
and th e Payin g Agent that does not require the City to make m o neys available to the Payin g
Agent earlier than o therwi se re quired under the O rd inance o r increase the costs born e by the C 11 y
under the Ordinance: provided further. that. so lon g a s Cede & C o. is the re gis te re d owne r of this
bond. the principal o f and interest o n thi s bo nd shall be paid by wire tran sfer to Cede & Co. Any
payment of principal of or interest o n thi s bond 1hat is due o n a day that is not a Bu s in ess Day
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shall be made on th e next s ucceeding day that is a Bu s ines s Day with the sa me effect as if made
on the day on which it was origina ll y sc heduled to be made. All payments of principal of and
interest on thi s bond shall be made in lawful money of the United States of America.
Thi s bond i part of an is s ue of general obligation bonds of the City designated the Cit of
Englewood , Colorado. General Obligation Bonds . Series 200 I, issued in the principal amount of
$ (the "Bond ''). The Bonds have been issued pursuant to. under the authority of.
and in full confom1ity with. the Charter. the Constitution and the laws of the State. in c ludin g, in
particular, Pan 2 of Article 57 of Title 11 , as amended (co llec tively. the ''Act"): pursuant tu
authorization by a majority of the registered electors of the City voting in an election duly called
and held on November 6, 200 I : and pursuant to a ordinance adopted by the City Council of th e
City. THE ORDINANCE CONSTITUTES THE CONTRACT BETWEEN THE REGISTERED
OWNER OF THIS BOND AND THE CITY. THIS BOND IS ONLY EVIDENCE OF SUCH
CONTRACT AND, AS SUCH, IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE
ORDINANCE, WHICH SUPERSEDES ANY IJ'IJCONSISTENT STATEMENT IN THI S
BOND.
Simultaneously with the iss uance of the Bond s , the City is also iss uing se parate . detailed
Registered Coupons evidencing additional intere st on the Bond . The interest rate stated abo e
is the interest designated as ·'A'' on the Bonds. Owners of the Bo nds ill receive o nl y the
principal of and intere s t desig nated in the Ordinance as ''A" o n the Bond s. Owners of th e
Registered Coupons will receive only interest designated in the Ordinance as '·B" on the Bo nds .
The Bonds have been issued by the City fo r the purpose of providing funds for the Project
desc ribed in the Ordinance . The Bonds are general obligations of the City and the full faith and
credit of the City are pledged for the punctual payment of the principal of and interest on thc-
Bonds. For the purpose of paying the principal of and interes t on the Bonds when due.
respectively. the Council in the Ordinance has covenanted annually to determine and certify to
the Board of County Commiss ioners of Arapahoe County. a rate of levy for general ad va lorem
taxes . without limitation as to rate or amount, on all of the taxable property in the City. s ufficient
to pay the principal of and interest on the Bonds when due, respectively , whether at maturity or
upon earlier redemption .
[The redemption provi sio ns from Section 4 o f the Ordinance and the Sale Certificate s hall
be set forth herein .]
Notice of any redempti on of Bo nd s s hall be given by the Paying Agent in the name of the
City by sending a copy of s uch notice by first -class, pos tage prepaid mail. not les s than ~o days
prior to the redemption date. to the Owner of each Bond being redeemed. Such noti ce s hall
specify the number or numbers of th e Bonds so to be redeemed (if redemption sh;,11 be in part )
and the redemption date. If any Bond shall have been du ly called for redemption and if. o n or
before the redemption date , there s hall have been deposited with the Paying Agent in acrordance
with this Ordinance funds s ufficient to pay the redemption price of s uch Bond on the redempti o n
date, then such Bond shall become due and payab le at such redemption date , and from and after
such date interest will cease to accrue thereon. Failure to deliver any redemption notice or any
defect in any redemption notice shall not affect the validity of the proceeding for the rede mption
02-I OJJ /8.02 A-2
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of Bonds with respect to which such failure or defect did not occ ur. Any Bond redeemed prior to
its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled.
The Paying Agent shall maintai n registr:.tion books in which the ownership, transfer and
exchange of Bonds shall be recorded. The person in whose name thi s bond shall be registered on
such registration books shall be deemed to be the absolute owner hereof for all purposes, whether
or not payment on this bond shall be overdue, and neither the City nor the Paying Agent sha ll be
affected by any notice or other information to the contrary. Thi s bond may be transferred or
exchanged at the principal office of the Paying Agent in Denver. Colorado. or at such other office
of the Paying Agent designated by the Paying Agent for such purpose for a like aggregate
principal amount of Bonds of other authorized denominations ($5.000 or any integral multipl e
thereof) of the same maturity and interest rate , upon payment by the transferee of a reaso nable
transfer fee established by the Paying Agent, together with any tax or governmental charge
required to be paid with respect to such transfer or exchange and any cost of printing bonds in
connection therewith. Notwithstanding any other provi sion of the Ordinance , the Paying Agent
shall not be required to transfer any Bond (a) which is sc heduled to be redeemed in whole or in
part between the Business Day immediately preceding the mailing of the notice of redemption
and the redemption date ; or (b) between the Record Date for any Interest Payment Date and such
Interest Payment Date .
The Ordinance may be amended or supplemented from time-to-time with or without th e
consent of the registered owners of the Bonds as provided in the Ordinance.
It is hereby certified that all conditions. acts and things required by the Charter, the
Constitution and laws of the State , including the Act , and the ordinances of the City, to exist , to
happen and to be performed, precedent to and in the issuance Y thi s bond, exist, have happened
and have been perfonned, and that neither this bond nor the other bonds of the issue of which
this bond is a part exceed any limitations prescribed by the Charter, the Constitution or law s of
the State, including the Act, or the ordinances of the City .
Thi s bond shall not be entitled to any benefit under the Ordinance . or become valid or
obligatory for any purpose, until the Paying Agent shall have signed the certificate of
authentication hereon .
02-1033 /R.01 A-3
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[N WITNESS WHEREOF. th e City Council of th e Ci ty has c au sed thi s bond to be
executed with the s ignature of it s Mayo r and auested by th e signature o f it s Cit Clerk. and has
caused the seal of the City to be impressed o r imprinted hereon. a ll as of the date ·e t fort h below .
THE CITY OF ENGLEWOOD
[CITY SEAL) B y _________________ _
Mayo r
Atte t :
By __________ ~
City Clerk
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds of the iss ue de sc ribed in the within -me nti o ned Ordinance .
Dated: ______ _
THE BANK OF CHERRY CREEK. N.A.. a~
Paying Agent
By __ ~---cc,---------~ Authorized Signatory
STATEMENT OF INSURANCE
[The statement of bond insurance required by the Commitment shall be set forth here .J
02 ·/UJJ /8.112 A--+
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APPENDIX 8
FORM OF REGISTERED COUPON
UNITED ST A TES OF AMERICA
ST A TE OF COLORADO
...
No. RC-_ $ ___ _
CITY OF ENGLEWOOD, COLORADO
REGISTERED "8" INTEREST COUPON
"8" Interest
Payment Date
Amount Of
"8" Interest Due On "8"
Interest Payment Date
$. __ _
REGISTERED OWNER : Cede& Co.
Tax ldentification Number: 13-2555119
PRINCfPAL SUM : **
CUSIP
DOLLARS **
The City of Englewood Colorado (the "City"). a duly organized and validly exi ·tin g
ho me-rule municipality of the State of Colorado (the "State''). for value re ceived, hereby
promises to pay to the registered owner named above. or registered ass ign s . on the payment date
set forth above , the amount set forth above, which amount represent s a proportional interc ~t in
the total am unt of s upplemental interest designated ''B'' to be paid on the o ut s tanding prin ipal
amount of the City's General Obligation Bonds. Series 200 I . dated and i~. ued in the
aggregate principal amount of S (the ''Bonds'').
The Bond and the ''B .. interest on the Bonds evidenced by thi · Rc gis ten:-J Coupon have
been authorized by a ordinance of the City passed and adopted by the Cit y Counci l o f tho: City
prior to the issuance hereof (the "Bond Ordinance''). The Bond Ordinance may be amended o r
supplemented from time-Lo-time with or without the consent of the regi,tercd owners o f the
Registered Coupons as provided in the Bond Ordinance. The Bonds mature . bear i111cre,1. and
are s ubject to redemption , all as specifically set forth in the Bond Ordinance. and the prov1\l o n s
o f !he Bond Ordinance are hereby incorporated herein by reference . The ··B .. intere ·t is
calcu lated at the rate and in the manner set forth in the Bo nd Ordinance.
The amount of ''B" interest payable hereunder 1s payable in lawful mone of the 'nite d
States of America to the registered owner hereof upon pre entation and s urre nder of thb
Registered Coupon at the principal office of The Bank of Cherry Creel,.. N .A .. as Pa) 111 g Age nt
(the "Paying Agent .. ). in Den\'cr. Colorado. or at s uc h o th er location as rh e Paying Agent may
direct. If the date for making payment or perfom1ing any action re gardin g thl'-Rc g 1s1ercd
C,)U pon 1, o n a day that is 1101 a Business Day (a s defined in Bo n I Ordinance J ,uch payment ,hall
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be made o r ac t pe rfor med o n th e next ,ucceeding da y th at is a Bu s in ess Day w ith the ,am.: e ff ec t
as if mad e o n th e d ay on whi c h it was o ri g in a ll y che dul ed to be mad e .
Thi s Regis te red Coupo n P'ay be tran s fe rr ed , exc hange d . and rc i ued at the prim:ipa l
office of th e Pay in g Age nt . o r its s uccesso r as Pay in g Age nt. all in acco rdance w ith th e Bo nd
Ordin anc e .
Thi s Registe red Coup o n s hall no t be e ntitled to any benefi t und e r th e Bo nd O rd in ance. o r
bec ome valid o r obli gatory fo r any purpose , until th e Payin g Agent s hall have s ig ned th e
certificate of authenticati o n here on . THE BOND ORDINANC E C ONSTITUT E S THE
CONTRACT BETWEEN THE REGISTERED OWNER OF THIS REGISTE RED C O U PO N
Ar"ID THE CITY . THIS RE GISTERED COU PON IS ONLY EVIDENCE OF S UC H
CONTRACT AND. AS S UCH. IS S UBJEC T IN ALL RESPECTS TO THE T E R MS O F TH E
BOND ORDINANCE. WHICH S UPERSEDES ANY INCONSISTE NT ST AT E M E TIN THIS
REGISTERED COUPO .
IN WITNESS WHEREOF, the Cit y Co un c il o f th e C ity has cau ed th is Re g i,tered
C o upon to be exec uted with th e s ign ature of it s Mayo r and atte ste d by th e s ig natu re of its C it y
Cl e rk . and has cau se d th e seal of th e C ity to be im pre ssed o r imprint e d he reon , a ll as of the da te
s pec ified above .
TH E C ITY OF ENGLEWOOD
[CITY SEAL) By
M ayo r
Attes t :
C ity Cl e rk
CERTIFICATE OF AUTHENTICATION
Thi s Regis tered Coup o n is o ne of th e regis te re d coup o ns desc ri bed in the
w ithin-me nti o ne d Bo nd Ordinance .
Date d :-------
01-IOJJ /R 02
THE BANK OF CHERRY C RE E K. N.A.. a.,
Paying Agent
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By _~~---,-~..,..,-~~~~~~~~~
Authorized Signatory
STATEMENT OF INSURANCE
[The statement of bond insurance required by the Commitment shall be se t forth he re .]
ASSIGNMENT
FOR VALUE RECEIVED the un dersigned hereb y se ll s. ass igns and tran sfers unt o
(Please print or typewrite name and address of Transferee)
(Tax Identification or Social Security No.)
the within registered coupon and all rights thereunder. and hereby irrevocably cons titutes and
appoints attorney to transfe r th e within re gistered
coupon on the books kept for registration thereof, with full powe r of sub stitution in th e premi ses.
Dated : ______ _
Signature Guaranteed :
Signature(s) mu st be guaranteed by a
nat ional bank or trust company or by
a brokerage firm havi ng a
membership in one of th e major
stock exchange s.
NOTICE : The signature to thi s assignment mu st
correspond with the name as it appears upon th e
face of the within registered coupon in eve ry
particular, without alteration or en largement or an y
change whatever.
TRANSFER FEE MAY BE REQUCRED
01 ·/UJJ I XU ] 8 -3
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ORDINANCE NO.
SERIES OF 2001
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BY AuTHORITY
COUNC IL BILL NO. 79
1::-.ITROD UCE D BY coL::-.1 c 1L
MEMBER WOLOSY:'J
A:-.! ORDI:-.IA:----CE AuTHORIZI:-.IG AN INTERGOVERNwlENTAL AGREE~!ENT
ENTITLED ·' AGREEMENT REGARDi:-.IG F I NAL DESI G A::-.10 CON TR UC'T l ON
OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR BI G DRY CREEK
AT ALLEN WATER TREAT'.\1ENT PLANT'" BETWEEN THE RBA N DRAl'.'JAGE
A:--D FLOOD CONTROL DI S TRJ CT AND THE CITY OF ENGLEWOOD .
WHEREA . urba n Drainage a nd Fl oo d Co ntrol Di s trict co mpleted and u pda t e d
mapp ing of Big Dry Creek 111 1997 ; and
WHEREAS , inform ation from t h1 s n e w s tudy 1d e n t 1fied the All e n Wate r
Treatm e nt Plant as be ing located w1 th 111 the flood p la n of Big Dry Cree k: and
WHEREAS , as part of the major tmp1·ov e me,n ts to the Allen Treatment Pl a n t
co mplete d in 2000 , the Englewood 't1ltt1 es De partme nt included co n truct10n of a
floodwall to protect the treatment facility ; a n d
WHEREAS, Big Dry Cr ee k bank prot ectton 1s r quu·e d e limmate t h fl ood plam
d esign ation; a nd
WHEREAS. Urban Drai n age me t with Ene:l e wood prior to co n etrucu o n of the
fl ood,va ll a nd agr eed in principle t o fund a po ru on of the ba nk prot cuon p roi ect: a n d
WHEREAS , the ba nk prot ection proiect mav mclude : ~tnpp m g topso il , in stallin g
riprap to protect the bank, r ep lace topsoil and se ding:
NOW , THEREFORE . BE IT ORDAJ:--ED BY THE !TY C t..::--C I L OF THE !TY
OF ENGLEWOOD . CO LORADO . AS FOLLO\\' :
Section j . The City Cou n ci l of the tt y of Englcwoorl , Color ado her eby auth or izes
the Inte r gove rnm e ntal Agree ment e nutled .. Agree m nt R.:gard rng F111al Design and
Co n s tru cti on Of Dra inage And Fl ood ontrol lm provements For Big Dry C ree k At
Allen Wa t e r Treatm e nt Pl a n t"' betwe n the L'rba n Drninage a nd Fl oo d Con tro l
Di stri ct a nd the City of Englewood , a co p of which 1s marke d as '"Exh1b1t ,\" a n d
attached he r eto.
Sectjon 2. The Mayo r a nd the City Clerk a r e h e r e by authorized to s i gn a nd attest
said Intergovernmental Agree men t o n behalf of the City of Englewood .
Introduced , read 111 full , and passed on fii·st readmg o n the 19'" da,· o f :,,.J ov mber .
200 1.
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Published as a Bill for an Ordinance o n the 23 rd day of No,·e mber , 2001.
Read by title a nd passed on final r eading on the 3rd day of Dece mbe r , 200 1.
Publis hed by title as Ordinance No._, Seri es of 2001 , on the 7th d ay of
December, 2001.
ATTEST :
Beverly J . Bradsh a w, Mayo r
Loucrishia A. Ellis , City Clerk
I , Loucris hia A . Ellis, City Clerk of t h e City of Englewood , Colorado, h er e by ce r tify
that the a bove a nd for e going is a t ru e co py of t he Ordinance p assed on final r eading
and published by title as Ordmance No . _, Seri es of 2001.
Lo ucrishia A. Elli s
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AGREE:V1DIT REGARDCNG
FINAL DESIGN . .\:::,i1) CONSTRUCTION OF
DRAINAGE .-\.\JD FLOOD CON TROL IMPROVEMDITS FOR
BIG DR Y C REEK . .\ T . .\LLE~ WATER TREA T:V1E:'.'iT PL-\.'iT
Agreemc:nt :-lo . 01-07 .04
THIS AGREE:VIENT. made this day of , 2001. by and
between LlIBAN DRAINAGE .\ND FLOOD CONTROL DISTR1CT (hereinafter called "DISTR1CT')
and CITY OF E:-.IGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES":
WITNESSETH :
WHERE . .\S . DI STRICT. in a polic y statement previously adopted (Resolution :-lo . 14. Sc:ries of
\ 9 i0 and Resolution No. 11. S,:nes of\ 9i3) expressed an intent to assist public bodies which hav e
heretofore enacted tloodplam regulation measures; and
WHEREAS , PARTIES parncipated in a Joint planning study c:nmled "Big Dry Creek \ . .\.R...\.P CO)
& Tnbutanc:s :Vtai or Dramageway Planning Phase -B : Pre liminary Design Repor1 " by WRC
Enginc:enng, Inc .. dated Apnl. 1998 (hereinafter called "PL.\. \J"): and
WHERE . .\S. PARTIES now desire to proceed wnh th e: design and ·onsr:uc uon oi draina ge and
tlood .:ontrol impro vements fo r 81g Dry Creek Jt .\lien Water Trearmc:nt Plant (herema ri er .::illed
"PROJE CT" J: and
WHEREAS. DISTRICT has adopted at a public hearing a Five-Year Capital Improvement
Program (Rc:solution :-Jo. 77, Senes of ::?000 ) for drainage and flood control facilities m which PR OJE CT
was includc:d 1n the ::?00 1 calendar year: and
WHEREAS. DISTR1CT has heretofore adopted a Special Revenue Fund Budget for ca lendar
year ::?0 0 I sub c:quc:nt to public heanng (Rc:soluu on ~o. i O, Sc:nes of 2000 ) which includes tund s fo r
PROJECT: and
'.VHERE .\S. DISTRlCTs Board of Direc :o rs has authonzed DISTRICT financ ial parnc ip auon fo r
PROJECT ( Rc:soluuon No . 65 , Senes oi 1999 anc Resolution No. 85 , Sen es of 2001 ): and
WHERE.\S . the: City Counc il of CITY and the Board of Directors of DISTR1CT have authonzed.
by appropriation or resolut ion. all of PROJECT costs of the respective P . .\RTIES .
NOW, THEREFORE. in consideration of the mutual promises contained herein . P . .\RTIES hereto
agree as follows :
I . SCOPE OF THIS AGREEMEl'-l"T
z.
Tms A~ec:ment defines the respons1bihues and tinanc1al commirments of P . .\RTIES wnh
respect to PROJECT.
SCOPE OF PROJECT
A . Final Desjgn. PROJECT shall include the final design of improvements in
accordance with the recommendations defined m the PLAN . Spec1ficall y. the: tinal
des1iin 11f fac1Iiues shall extend from approximately PLAN Station 37 -~O to PL..\..'I
Station 43 + 00, as shown on Exhibit A.
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B. Construction . PROJECT shall include construction by DISTRlCT of the drainage
and flood control improvements as set forth in the final design .
3. PUBLIC NECESSITY
PARTIES agree that the work performed pursuant to this Agreement 1s necessary for the:
health. safety . comfort. convenience. and welfare of all the people of the State. and 1s of
particular benefit to the inhabitants ofDISTRlCT and the property therein .
4. PROJECT COSTS AND . .\LLOCA TION OF COSTS
5 .
A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist
of and be limited to the following :
I . Final design services;
2. Construction of improvements:
3. Contingencies mutually agreeable to PARTIES .
B. It 1s understood that PROJECT costs as defined above are not to exceed S32.000
without amendment to this Agreement .
Project costs for the various elements of the effort are estimated as follows:
ITEM .4u\.l O L '"NT
I. Final Design S32.000
2. Consrrucuon -O-•
Grand Total sJ:.o oo
•'.'-,tonics for construction wi lJ be added by amendment to this Agreement at a later
date .
Tius breakdown of costs is for estimating purposes only . Costs may vary between the:
vanous ele:nents of the effort without amendment to this Agreement ;,rov1ded the
total e1lpend1rures do not exceed the maximum contribution by all P . .\RTIES plus
accrued interest .
C. DISTRlCT shall contribute 50% of PROJECT costs and CITY shall contribute 50%
of PROJECT costs . Based on total PROJECT costs, the maximum cost to each party
shall be :
D1STR1CT share
CITY share
TOTAL
MA~AGEMENT OF FINANCES
Participation
$16.000
$16,000
$32.000
As set forth in DISTRlCT policy (Resolution No . 11 , Series of 197 3 and Resolution No . 49 ,
Series of 1977). the cost sharing shall be after subtracting state, federal. or other sources of
funding from third parties . However, monies CITY may receive from federal funds. the
Federal Revenue Sharing Program. the Federal Community Development Program. or such
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similar disc retionary programs as approved by DISTRlCT's Board of Directors ma y be
considered as and appl ied toward C ITY's share of improvement costs.
Pa ym ent of each pa rty 's full share (C ITY -S i 6.000 : DISTRlCT -S 16 .000) shall be made to
DISTR1CT subsequent to execution of this Agreement and within 30 days of request for
pa yment by DISTR1CT . Tne payments by P . .\RTIES shall be held by DISTRlCT in a
spec ial fund to pay for increments of PROJECT as authonzed by PARTIES, and as defined
herem . DISTRlCT shall provide a periodic accounting of PROJECT funds as well as a
penod ic noniicauon to CITY of an y unpaid obligations. Any interest earned by the mon ies
contributed by P . .\RTIES shall be ac crued to the special fund established by DISTRlCT ior
PROJECT and such interest shall be used only for PROJECT upon approval by the
contracting officers (Paragraph 12).
Withm one year of completion of PROJECT 1f th ere are monies inc lud in g interest earned
remaining which are not comm itted. o blig ated. or disbursed. each party sha ll rece1,·e :i share
of such monies . which shares sha ll be computed as were th e original shares (D1STR1 CT
50 %: CITY 50 %).
FINAL DESIG N
The conrracung officers for P . .\RTIES. as de rin ed under P:iragraph l :! oi thi s . .\greeme:u.
shall ,elect an eng in eer mutua ll y agreeable to both P . .\RTIES. DlS TRlCT sha ll contr:ic t
with selected engineer and shall supervise and coordinate the tinal design subj e ct to
approval of the contracting officer fo r CITY . Pa yment ior final design services shall be
made by D1STR1CT as the work progresses from the PROJECT fund c:stab lis hed as set forth
abo ve .
Final design serv ices shall consist of. but not be limi ted ro , the following :
A. Preparation of a work plan schedule identifying the timing of major e lements in the
des ign:
B. Preparation of derailed construction drawings and specifications:
C. Prep:1.rlt1on of an estimate of probable construc ti on costs of the work covered by the
plan s and ,pec1 fic:1t1on s :
D. Preparation of an appropriate construction schedule .
DISTRlCT shall provide any written work product by the engineer to CITY.
MA:-,IAGEMENT OF CONSTRUC TION
A. Costs . Construction costs shall consist of those costs as incurred by the lowest
acceptable b1dder(s) including detour costs, lic enses and permits. uuhry relocauons.
and construction related eng ineering services as detined in P:iragraph .l of this
Agreement.
B. Consrrucnon \llanagement :ind P:ivment
l . DISTRICT, with the assistance of CITY. shall administer and coord ina te the
construction-related work as provided herein .
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2. DISTRICT, with assistance and approval of CITY. shall advertise for
construction bids: conduct a bid opening; prepare construction contract
documents: and award construction contract(s).
3 . DISTRICT, with assistance of CITY . shall coordinate field surveying : staking:
inspection: testing; and engineering as required to construct the proposed
drainage improvements . DISTRICT, with assistance of CITY. shall assure that
construction is performed in accordance with the construcnon contract
documents including approved plans and specifications and shall accurate ly
record the quantities and costs relative thereto . Copies of all inspecuon reports
shall be furnished to CITY on a weekly basis. At CITY's option. DISTRICT
shall retain an engineer to perform all or a part of these dunes.
4 . DISTRICT. with approval of CITY , shall contract with and provide the
services of 1;,e design engineer for basic .:ngineenng construction services to
include addendum preparauon: survey control points : explanatory sketche s :
revisions of contract drawings: shop drawing review : as-constructed drawing s:
weekl y inspection of work: and final inspecnon .
5 . PARTIES shall have access to the s1te dunng construcnon :it :ill times to
observe the progress of work :ind conformance to consrructton contr:ict
documents including pl:ins and specifications .
6. DISTRICT shall review and :ipprove contractor bill ings :ind send the:n to
CITY for :ipproval . DISTRICT shall remit payment to contractor based on
billings approved by PARTIES .
7 . DISTRICT. with ass1st:ince and written concurrence by CITY . sh:i ll pre;,are
and issue all wnnen change or work orde~s to the contract document s .
8 . PARTIES shall JOintl y conduct a final inspecuon and accept or reJect the
completed PROJECT in accordance with the contract documents .
9 . DISTRICT shall provide CITY a set of vellum reproducible "as-constructed"
drawings .
Construction Change Orders . In the event that it becomes necessary and :idvisable to
change the scope or detail of the work to be performed under the contract(,\, such
changes shall be rejected or :ipproved in writing by the contr:icting officers. No
change orders sh:ill be approved that increase the costs beyond the funds available in
the project fund. including interest earned on those funds. unless and unul the
addition:il funds needed to p:i y for the added costs are committed by all P . .\RTIES .
MA[NTENANCE
PARTIES agree that CITY shall own and be re sponsible for maintenance of the completed
and accepted PROJECT . PARTIES turther agree that DISTRICT. at CITY's request , shall
assist CITY with the mainten:ince oi :ill facil ines constructed or modified by virtue of this
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Agreement to the c=xtent possible depending on ava1lab1liry of DISTRICT funds. Such
maintenance assistance shall be limned to drainage and tlood conrrol features of PROJECT.
Maintenance assi stance= may include activities such as keeping flow areas free and cl ear of
debns and sil t. keeping culverts free of debns and sediment. repainng drainage and flood
conrrol srrucrures such as drop structures and energy dissipaters. and clean-up measures
after periods of heavy runoff. The specific nature of the maintenance assist3nce shall be set
forth ma memorandum of understanding from DISTRICT to CITY. upon acceptance of
DISTRICTs annual Maintenance Work Program.
DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at
all nmes for observation of flood control facility conditions and for maintenance when
fonds are available.
FLOODPLAIN REGI J.A TION
CITY agrees to regulate and control the floodpbin of Big Dry Creek within CITY :n th e
manner prescribed by the '.'lational Flood Insurance Program and prescnbed regu lat1 ons
thereto as a minimum.
P . .\RTIES understand and agree. however. that CITY cannot obligate l!se !t by conrrJct to
exercise ns police powers. If CITY rails to regulate the floodp lain o f Big Dry C reek wnhin
CITY ,n the manner prescnbed by che '.'lanonal Flood Insurance Program :ind pre scnbc:d
regu lations thereto as a minimum. DISTRICT may exercise 11s power to do so and C ITY
shall cooperate fully.
10 . TER.\.I Of: AGREE:VIEYr
The term ofth1s Ai.rreement shall commence upon fin a l c:xecunon by all P . .\RTIES and shall
terminate two ye:i rs :ifter the final payment 1s made to the consrrucuon contractor and the
final accounting of fu nds on deposit JI DISTRICT 1s provided to all P . .\RTIES pursuant to
Par:igraph 5 herein . except for Parag--aph 9 . FL OOD PL..\DJ REGCL.-\ TION , and
Paragraph 8. '.\ll.-\l'.'ITE"1A:'-iCE , w h1~h shall run m pcrperuny .
l 1. LIABILITY
Each party hereto shall be responsible for any sum, demands , costs or actio ns at law
resulting from its own acts or omiss ions and may insure against such possibilities as
appropriate .
12 . CONTRACTING OFFICERS .\ND '.'IOTICES
A . The: contracting officer for CITY sh:ill be the C1cy Mayor. lOOO Eng lewood Parkwa ..
B.
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Englewood. Colorado 80110 .
The contracting officer for DISTRICT shall be the Execuuve Director . 2~80 West
26th Avenue. Suite 1568, Denver. Colorado 802 l l.
Any nouces, demands or other communicauons re 1u1red or perm1ned to be given by
any provision ofth1s Agreement shall be given m wnung, delivered personally or
sent by registered mail, post:1ge prepaid and return receipt requested. addresse d to
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P . .\RTIES at the: addresses set forth above or at such other address as either party may
hc:re after or from nme to tim e designate by written notice to the othc:r party given
when personally delivered or mailed. lnd shall be considered received in the earlier
of either the day on which such not ice 1s actually received by the party to whom 1t 1s
addressed or the third day after such notice 1s mailed.
D. The: contracting officers for P . .\RTIES each agree to designate and assign a proiect
representanve to act on the behalf of said PARTIES in all matters related to the
designs and construcnon undertaken pursl131lt to this Agreement. Each representanve
shall coordinate all design and construction-related issues between PARTIES . shall
attend all progress meenngs. and shall be responsible for providing all available
proJect-related file: informanon to the engineer upon request by DISTRICT or CITY .
Said representatives shall ha ve the authority for all approva ls. authonzat1ons. nonces
or concurrences required uncer this Agreement or any amendments or addenda to this
.\greement.
13 . A.'vlE:,.JDME!'JTS
This Agreement c ontains all oi the terms agreed upon by and among P . .\RTIES . An y
amendments or moditicanons to th is Agreement sha ll be in wnnng lnd c::1:ecute d by
PARTIES here to to be valid and binding .
14 . SEVERABILITY
If an y clause or provision herein contained sh all be adjudged to be inval id or uneniorceable
by a court of competent iunsdicnon or by operanon of any applicable: law. such mva hd or
uneniorceable clause or provision sh all not affect th e validity of the .\greement as a" ho le
and all other cl auses or provisions sh all be given full force :md effect.
15 . APPLIC.\BLE LAWS
This Agreement shall be governed by and construed m accordance with the laws of the State
or Color:ido . V.:nue for any and all kgal actions ansmg under the .\greemc:nt shall h e m th e:
District Court m and ior the County of Den ver, State ofColor:ido.
16 . ASSIGNABIUTY
e No party to this Agreement shall assign or transfer any of its rights or obligations hereunder
without the prior written consent of the nonassigning party or parties to this Agreement.
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II . BCNDCSIG EFFECT
The prov1s1ons of th is .\greement shall bmd and shall inure to the benefit of PARTIES
hereto and to th e ir respecnve successors and permitted assigns .
18 . ENFORCEABILITY
PARTIES hereto agree :md ack.'1owlc:dge that this Agreement may be enforced m law or in
equiry . by decree of specific performance or damages , or such other legal or equitabk rel ief
as may be available: subiect to the provisions of the laws of the State of Colorado .
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19 . TER.'IIINATI O N OF . .\GREEMENT
Th is . .\greement may be terminated upon thirty (30) day's wrinen notice by :my of
P . .\.RTIE S. but on ly 1f there are no contingent. outstanding contracts . If there are contingent .
outstanding contracts. this Agreement may only be terminated upon mutual agreement of all
P . .\.RTIES and only upon the cance!lauon of all contingent. outstanding contracts. All costs
associated wnh the cancellauon ofche contingent contracts shall be shared between
P . .\.RTIES in the same rauo(s) as were their contributions and sub1ect to the maximum
amount of each party's contnbution as set forth herein.
20. PUBLIC REL\ TIONS
It shall be at CITY's sole discretion to inillate and to carry out any public relations program
to inform the residents in PROJECT area as to the purpose of the proposed facilrnes and
what impact it may have on them . Technical and final design recommendations sha ll be
presented to the public by the selec:ed design engineer. In any event DISTRICT shall ha \·e
no responsibility for a public relations program. but shall assist CITY as needed and
appropnate .
21. APPROPRIATIONS
:-.lot\ nhstandmg any other tenn. condition. or prov1s1on herein. each :md every ob li gau on or'
CIT'· and'or DISTRICT stated in this Agreement 1s subject to the requirement or' a pnor
appropn:mon of funds therefore by the appropnate governing body of CITY and/or
DISTRICT.
22 . NO THIRD PARTY BE:-.IEFICIARlES
It 1s e:oi.pre ss ly understood and agreec that enforcement of the terms and cond1t1ons or this
. .\greernent. and a ll ri ghts of acti on ,elating to such enforcement. shall be stnctl y reser:ed to
P . .\.RTIE . and nothing contained m :his Agreement shall give or allow an y such claim or
right o f action b. any other or third person on such Agreement. It 1s the express intennon of
P . .\RTlES that an y person or party other than an y one or P . .\.RTIES receiving services or
benetits under this Agreement shall be deemed to be an inc idental beneficiary onl y.
WHEREFORE. P . .\.RTIES hereto have caused this instrument to be executed by properl y
authorized signatories as of the date and ye:1r first above wnnen .
(SE.\LJ
ATTEST :
7
UR.BA.'J DR..\r.-.iAGE AND
FLOOD CONTROL DISTRICT
Title Executive Director
Date _____________ _
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ATIEST:
APPROVED AS TO FORM:
City Attorney
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CITY OF ENGLEWOOD
By ___________ _
Title Mavor
Date. ___________ _
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AGREE:VCENT REGARDING
Fl}JA L DESIGN AND CONSTRUCTION OF
DR..1J:'.1.-\GE .-\\U FLOOD CONTROL IMPROVElvlDiTS FOR
BIG DR Y CREi:K .U ALLEN WATER TREATMDiT PLANT
(l'D FCD .-\greementNo . 01-0 7.04 )
Exhibit.-\
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COUNCIL COMMUNICATION
Date
D ece mber 3, 2001
Initiated By
Li b rary D epartm ent and
In fo rm ati o n Technology D ep artm ent
Agenda Item
10 C i
Subject
M o ti o n app rov in g a co ntrac t with Epixte c h,
In c. for J rade o f Library Co m ute r Svs tem
Staff Source
Hank Long, D ir c t o r o f Lib rar\ Sen ices and
D o n lngl , Direc to r o f Inform atio n Te hn o log>
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1985, th e Englewoo d Publi c Library move d fr o m a m anu al c ircul atio n procedure an d ca rd c atalog t o a
computerized system that automated the majority of its ro utin e mana ge m ent fun li o ns. Th e process took
ove r a yea r and invo lve d crea ting a database of library patrons and m ateria ls , issu in g new librarv c ards t o
every library us e r. placing barcod es o n ea c h library book , and tr ainin g library staff in us in g th e n \\
te c hnol ogy. Th e company c hose n for this task was D y ni x, In c. loca ted in Provo, U tah . D y ni x wa selec t ed
becaus e of its reputati o n a th e lea d er in library automation sy stems .
RECOMMENDED ACTION
Th e Libra ry D ep artm nt recommends City Council approval by Motion th e award of a co ntract to Epix t ec h.
In c fo r upg rad e of its computer ized library mana gement s stem .
BACKGROUND, ANAL 'VSIS, AND ALTERNATIVES IDENTIFIED
Since th at initr al conv ersi o n 111 I 85 . th Engle\\ ood Publi l L1bran h.1s co ntinu ed to ro u t ine!, upgrade its
va ri o us D\ ni, so rt \\ ar m od ul , 111 o rd er to main tain continued annual uppo rt o f th e system b~ D\ ni, as
well as t o pro , 1d e th b e t sen I e p ossibl e en I e to the o mmun1t,. Over th e > ea r,. D ynix we nt through
several reo rga ni za t io n, and nam e c hange but c o nt111u ed to remain th e leader in librarv aut o mati o n in th 1,
countr . The comp.in \ 1s 11 0\\ I-nm, n as Epl\teLh . Inc During th sa m e p eri od , th e C itv seve ral times
c hanged th e hardwa r e platfo rm o n wh1 h th D, nix s\ tem ran.
Earlier thi s ye ar we were in fo rm ed b y Epi xtec h th at th e, were no lo n ge r supportin g th e City's D ata General
comput er o n w hi c h th e Librarv's c urrent software co nt1 gurati o n o p e rat es. This put th e Libra ry in th e
diffi c ult and cos tl p osi tion of ei th er m o , ing to a different hardware confi gurati o n o r poss ibl >' migrat111g to
an entirelv different so ft wa re vendo r dltogether (w h ich would m ean re-barc o din g all of o ur m aterials ,
issuin g n e, library ards t o th e every EPL patron . tra ining th e Lib rarv staff in a co mplet ely different software
sys t em , etc.). Given that th e Ci ty had alread\ m ade a dec isio n to m o \ e tr o m thi s sa m e o utdat ed hardware
platform as pa rt of it s O \ ra il IBI S Pr oject. it m ade se nse to upgrad e th e exis tin g D y n ix sy st em as pa rt o f th e
O\ erall tran siti o n . Once th is d ec isi o n was m a d e, 1t m ade furth er sens e to stav wit h Epix t ec h bu t transi tion
fr o m th e o ld tex t-based sys tem to th eir c urren t W eb-base d ve rsio n \\ hich provides m o re up-to-da t e fea tures
wi th a minimal n eed fo r staff re-trainin g.
Bv co ntra tin g wi th Ep ixt ec h pri o r t o th e st art o f th e n ew ea r, th e Ci t, is ab le t o avai l itself of a subst anti al
di sco unt ($26,943 ) and t o schedu le th e sys te m transit ion within th e firs t half o i :002 b efo re o th er Epix tec h
c ust o m ers tak e precedent. Th e 2002 Multi-Yea r Ca p ital Pl an (MYCP) call s for th e hardwa re and so ftw are
co sts of th e pro j ec t to b e covered b y a lease purc has e agreement. U ntil th e term s o f suc h a n .1greernent
c an be arranged (potentially in c o ncert wi th o th e r te h n o logv p rojec ts suc h as th e n ew Co urt and Perm it
Tra c king sys tems also sc h ed ul ed for 2002), staff w ill b e r equ es ting a su ppl emental appropriation 111 Janu ar
to initial! cove r th e costs of th e proj ect.
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FINANCIAL IMPACT
The cost for this contract with Epixtech , after 2001 discount, is $84,701. An estimated S 16,000 in
additional network hardware is required to complete the transition, and this will be purchased once a fina l
ve ndor has been selected for the IBIS Project. Money for this project is budgeted as part of the o erall IBIS
contract and the system will be paid for via lease purchase.
LIST OF ATTACHMENTS
Contract
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Purchase and License Agreement between
epl'Ctech, inc.
and
the City of Englewood
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TABLE OF CONTENTS
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I l'U RI\ISHING OF SO FTWARE ............................................................................................................. .. .. ................... !
2. CO TRACT DOC UMENTS . .. .......................... !
DEFINITION OF TERMS ......................... !
~ SCOPE OF WO RK ......... . . ............................................................................................................................................................. )
SE RVI CES .......................................................................................................... .
6. WARRANTY ........................................................................................................ ..
7. PAYMENT SCHEDULE ....................................................................................... .
8. TAXATION
9 SOFTWA RE LICENSE ................................................................................. ..
10. PATENT AND COPYRIGHT PROTECTION ............................................ ..
11 . INDEMNIFICATION AND LIMITATION OF LIABILITY .............................. .
12 . INSURANCE ......................................................................................... .
13 CITY RESPONSIBILITIES ........................................ ..
I~ ASSIGNMENT ............................................................... .
15 NO WAIVER ........................................................ .
16 FO RCE MAJEURE ...................... ..
!" \IOr!CES ....
IM SEVE RABILIT Y
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1'1 \iO VERNING LAW . .. ........................................................................................................... 10
20 NONDISCRI\IINA TION ... .10
21 .\GRE EME:-JT EXTENSION AND MODIFICATION CLA USE ...................................................... .. .. ....... 11
22. RET URNS . .. ................................................. 11
23 NON -COLLUS ION COVENANT ................................................................................................................................................ 11
24 HEADI GS :-JOT CONTROLLING ............................................................................................................................................... 11
25 STA TE~IE:-JT OF CONFIDENTIALITY ......... .
26 TERM INATION ..................................... ..
ENTIRE AG REE~IE:-JT ............... ..
28 DUPLICATE O RJGINALS ................ .
. ... II
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RIDERS
A. CON FIG URATION ..................................................................................................................................................................... R-1
B OPERATING SYSTE:VI LICENSE ................................................................................................................................................. R-8
C. TESTING PROCEDURES ................................................................................................................................................................. R-9
D WORKST A TJQ:-,; REQUI REMENTS ............................................................................... .. .. .................................................. R-20
t: 'i,·\:\1P LE l:\IP LE \I ENT ,\ TION SCHEDU LE ............................................................................................................................. R-2 1
F D,\ r.\ \IIGRA rlON ......................................................................................................... R·22
U l~ll'Ll:\I E, I .\TION SE RVI CES DETAIL .... .. . ....................................................................................................... R-2 7
H I R,\IM NG DETAIL ............................................... . .. .............................. R-28
I MAI N l'Dl,\:-..CE AGREEMENT ................................................................... .. .. ..................................................... 29
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PURCHASE AGREEMENT
This Agreement is made and entered into by and between ep ,xrech. in (hereinafter referred to as "epixtech"). having its
offices a1 .JOO \\'est ~050 :sionh . Pro,o. Litah 84601 and the City of Englewood for and o n behalf of its City (hereinafter
referred 10 as the .. Cit~"). ha, mg us offices 3-+00 South Elat1 Street. Englewood. Colorado 80110 . The term
"~p,xrech" shall also refer to the company. its agents. suppliers. and us subcontractors .
RECITALS
WHEREAS. the City is currently licensed to use epurech so ftware in the Un iVe rse database environment and is
desirous of changing to an SQL-based database environment; and
WHEREAS. the City desire s 10 conrract with epurech to obcain the licenses to the Software. and other services
described here in 10 migrate 10 a SQL-based database environment. and ep,xtech desires 10 conrract with the City to
provide said license 10 che Sonware and the services described herein ;
NOW THEREFORE. in consideration ofche mutual covenants. promises and undertakings contained here in. the parties
hereto hereby agree as follows :
I. FU RN I SHI NG OF SOFTWA RE
2.
Subject co the terms and conditions set fonh herein , eputech agrees to provide at locat io ns s pecified by the City.
and the City hereby agrees to purchase the goods and services described in Rider A .
CONTRACT DOCUMENTS
The concract documents are this Agreement. including the following Riders anached hereto:
Rider A
Rider B
Rid er C
Ride r D
Rider E
Rider F
R1Jer G
Rid er H
Rider I.
Configuration
Operat111g S~ stem License
Testing Procedures
"'orkstat1on Requirements
Sample Implementation Schedule
Data Migration
Implementation Services Detail
Training Detail
Mamcenance Agreement
Each of che se document s is inc o rporated herein by this reference as if et fo rth in full . and shall constitute a pan
ofth1s Agreement .
The failure of chis Agreement to include reference to any maner contained in an~ other conrract document shall
not be deemed to constitute a conflict.
J. DEFINITION OF TERMS
A. S.vstem : The total complement of licensed Software furnished and maintained by epurech which operates
on the Database Server. the iPac Server. and on Workstation(s) supplied b~ the City.
Cicy of Englewood · P,gc I
(Q:,.'FIDENTIAL A.ND PIHH'R.IET ARV
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C Licensed Software (o r Sofrwa re): Each epLtlech-developed Licensed Software product listed in Rider A
under the subheadin gs Co re Svfiware and AJdi110 11al Sojr.,are. inc lud ing machine-readable obJ eCt cod e
(not source code ) for such product. an y user Documentan on fo r such product. and any other related
materials which are furnished to the C ity by epi.<1ec h for use in connection with such product. as we ll as
an) eplXlec h-de veloped software modules that are acqu ired subsequent to th is Agreement.
D Database Sen •er · The computer acquired and o perated b) the C ity and ap proved by epurech to provide
database manag ement services in connection with the Lic ensed Software .
E. iPac S,m·er The computer acquired and o perated b~ the C it~ and approved by epwe h to pro , 1de web
access and gateway services to the Database Serve r in conne mon with the Licensed Sonwarc .
F. Worksta11 on: An end user machine provided by the City on wh ic h cli ent so th,are o perates to ~c cess the
Database Server and which meets o r exceeds the spec 1fica11o ns in Rider D required fo r operanon o f the
Licensed Software.
G Accep1ance Da1e · The date on which the S ys tem success full~ passes e ach o f the Acceptance Test s fo r
the System and Cit) accepts the System in accordance w uh the term s a nd cond it io ns of this A g ~eement.
H. Acce pta nce Tests The manner and mean s of acceptance testin g of the ~ stem and the Services. and the
criteria upo n wh ic h acce ptance of the S)stem and Services s ha ll be determined. as described in R ider C
I.
hereto .
Applicab le Laws. All laws. ordinances. ru les. re gula11ons . o rders. interpretat io ns . re quirements.
standard s. codes. resolutions, licen ses. permits. j udgments. decrees. inJunction s . wr its and orde~ o f an~
coun. arbitrator. or governmental (federal. nati o nal. state . mun1c1pal. loca l o r o ther . havi ng j u nsdict1on
over a pany and the location where a panicular element of t he Services is perfo rmed o r where 1ny pan
of the System is situated) agenc y , body, instrumental ity o r authority that arc applicable to an~ o r all o f
the panies. the installation site. the Services or the terms of t hi s Agreement. including a ll en, 1r on menta l
and hazardou s materia ls laws which are applicable to the Site and "hic h are at an y tim e ap,:i!cabk to
performin g the Services .
J D0c 11111e111u1 10 n Cser g uide s. o perating manuals. educanon materia ls. product desc rip t :on s and
s pecificati ons. tec hn ical manuals. supponmg material s. and o ther in fo rma11 0 11 rela11n g to the : st em o r
used in conj unct io n "ith the Services . whether d is mbuted in pnnt. magltet1c . electromc . o r , 1deo
format . in effect as of the date (i) the S: stem is accepted b~ Ct!), o r (ti/ the Sen ice is pro vide.: :o Cit:
K. Err or An ) failure of the System to o perate in material confo rm it: wuh the pec iticat ,or.; fo r the
S. stem .
L lm plememation Schedule · The schedule for delivery and implementation of the Sys terr: and the
performance o f the Serv ices, a sample o f which is attached hereto as Ride r G .
M Se1T 1ces In c lud es. bu t is no t limited to . insta llati o n. inte g ration . educ a11on. acceptance testin g. suppo n .
maintenance. development. warrant:. and t11ne and matenals sen I es. provided o r to be pro , 1ded b y
ep ix te ch pursuant to th is Agreement.
V Spe cijica uons The fun cti o nal. perfo rmance. operau o nal. compat 1b1lity. and o ther s pe ciftctions o r
c harac ter is t ics of the S~ stem described in thi s Ag reemen t. in c luding, but not limited to. the J;:,plic abl e
Doc umentat io n and such o th er s pe c 1tic at1o ns o r haracteris t 1cs o f the ystem agreed upon in '-' ri 11n g by
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ll"urromy P~r10d A period commencing o n the Ac ceptance Date of the System a nd end in; o ne (I )
) ear a tier such Acce ptance Date .
C ity ofEn glt:\\1·,:.J • Pa gt :!
CONFIDE:,..'T!AL "'O ?O.: flRIET "R Y
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.i. SCOPE OF WORK
Scope v} Wnrk Pursuant to and in accordance with the Implementation Schedule . eptxtech shall suppl y
the )St em . Docu mentation and Services all to meet the Specification s.
B lnsruliut w n Schedule. ep txtech shall assemble and in stall the S)Stem on or befo re the scheduled
install atio n date spe cified in the Imp leme ntat io n Schedule .
C Acceptance Tests. epixtech and the City shall perform the Acceptance Tests fo r the Syste m 10 as certain
whether the Sys tem conforms to the Specifications . As pan of the Services. epmech shal l co nduct or
supervise such tests at specified time intervals and report an y Err or promptl) to Ci ty. epwech shall
permit an y City pers onnel and its independent contractors to observe the Acceptance Te sts and ve ri fy
the results . epmech shall promptl y correct any Error in the System re,ealed b) the Acce ptance Te sts
and thereafter confirm in writing to City that such Error has been co rrected.
D Acceptance. City shall be deemed to have acc epted the Sys tem onl y up on the suc cessful co mpletion of
all step s of Acceptance Testing . Acceptance of the System doe s not waive any warranty rig ht s provi ded
in thi s Agreement for the System or Service s.
£ lnspec tw n. Pa yment fo r Lice nsed Software and Services provided her eunder. or in spec ti on or te sting
ther eof by the Ci t). shall not co nstirute acce pt ance or reliev e epixtech of its obligatio ns unde r th is
Agreement . If the City receives elements of the S)stem with an Error not reasonab ly appa ren t on
in spection . then the City rese rv es the right to require prompt correct io n. rep air. or repla cem ent by
ep,xtech following the disco very of suc h Err or.
F City Obligatwns. Except as otherw ise spe cified in thi s Agreement . the City shall suppl y all light ing.
ut ilitie s. ai r conditioning. space and other environmental requ irements necessary fo r th e prope r
opera tion of the S~stem . Pri or to in sta llat1o n of the S~stem . epm ech shall inspect the installati on site to
assure that it meets the environmental requirement s nece Jr) fo r the proper o perati on o f the S)stem .
5. SERVICES
A Dura Con vers ion Within the t1mefr:i me s established in the Impl ementat io n ched uk . ep1x tech shall
provi de the Data Co nversion Se n ices de sc ribed in Rider G hereto .
B lmpleme111ar w n Scn ·,ces Within the timeframes et fo rth in the Implementati on Sc hedule . cptxtech shall
pro vi de the implem entat ion services descnbed in Rider H hereto .
C Tr a ining S<!n ·,ces Within the ti mdram es se t fo rth in the Implemen tatio n Sched ul e, epixtec h sha ll
pro vi de the Training Serv ices. in acco rdan ce with th e provi sions set fo rth in Ri der I hereto .
D ,\1/amtenunce and Support In considerat io n of the payme nt by the Cit: of the maintenanc e and sup po rt
fee . epixtt!d1 will provide the Cit) with the mainte nanc e and support se n ·ic es set fo rth Rider I he reto .
Such maintenance and support services shall be renewable annuall y. epL<tech agrees to ma ke avadable
maintenance and suppon services for the Licensed Software for a period of not less than thr ee (3) years
from the delivery date of the Licensed Software .
E Services in General. In connection with the performance of any Servi ces pur suant to th is Agreement :
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(I) Unkss a specific number of employees is se t. epwech warrants it will provide sufficient
emplo yees to complete the Services ordered within the ap pl icable time frame s es tabli shed
pursuant to thi s Agreement. Funhermore . unless otherwise noted herein . epixt ec h shall. at its
expe nse. supp ly all per sonnel. tools. material rranspon auo n. ship ping. handling. super visio n,
equ ,pme nt and oth er services and materials of any nature wha te ver that ma y be ne cessary to
perform the Services under thi s Agreement .
(::!) <1p1X1.!ch shall pr ovi de fo r and pa, the co mpensat io n of Emp loyees and shall pa y all taxes.
conmbut ,on s. and benefits (such as. but not limited 10. wo rkers· com pen sa tio n benetits ) whi ch an
emplo)er is req uire d 10 pay re lat ing 10 the employment of employee s . The Ci ty shall not be liable
to ,1p1x1ech or to any emplo)ee for <1pix1ech ·s failure 10 perform 1ts .:ompensation. benefit. or tax
o bligations . epmech shall indemnify. defend and hold the City harmless from and agai nst all such
taxes . contributions and benefit s and will compl y with all associated gove rnmental re gulat io ns.
including the tiling of all necessary rep ons and returns .
F Perm/ls. epixtech shall at its own ex pense secure an y and all licenses. permits or ce nifi ca tes that ma y be
required by any federal. state or local statute , ordin ance or regulati on fo r the performance of the Services
under the Agreement . ep1xtech shall also co mp ly with the pro visio ns of all Applicable Law s in
performing the Services under the Agreement . At its own expense and at no cos t to the City . epL<tech
shall make an y change. alteration or modificati on that ma y be ne cessary 10 co mp ly with an) Ap plicable
Laws that <1pix1ech failed to compl) wi th at the ti me of per fo rm anc e of the Se rvices ."
6. WARRANTY
A . epixtech warrants that epixtech has the right IO license the Licensed Software and IO sell the oth er product s
which are de sc ribed in Rid er A of this Agree men t.
8 epmech wa rrant s that the Lice nsed Software delivered wi ll co mp ly with the function s defin ed by the user
manual s.
C eplXl<!ch warrants that the Soth,arc modu les intended to replace the City·s exis ting Dynix mod ules shall be
ma1111ained b) <1pme ch at .p,xtech · exp en se fo r a per iod of six (6) month s from insta ll atio n. Newl y
purcha sed 0rtware module s shall be maintained b) epwe I, at <!pWecl,s expense fo r a period of one (I)
)Car fr om install ation .
D epmec h wa rrant s that it is an authorized distributor fo r the sub lice nsed software and that with the exec uti on
of th is Agreement . the City will have the right to use the sub licen sed software needed for o peration of the
S)stem .
£ eplXlech repre sents and warrants that no ponio n of the Sys tem co nta ins. at the time of delivery. an y
.. back door:· .. time bomb .'' .. Trojan horse , .. "worm.'' "drop dead de vice." ·'v irus .'' or oth er computer
software routines or hardware components designed to (i) permit access or use o f either the System or the
Ci iy·s co mputer sys tem by epixt ech or a third pa rty not authorized by thi s Agreement . (i i) di sab le,
dama ge or erase the System or data . or (iii) perform any other such actio ns .
F ~p1x1ech repr ese nt s and warrants that the Sys tem and the design thereof sha ll not co ntain preprogrammed
preventati ve routines or s imilar devic es which pre vent the City fr om exercising the rights set fo nh in the
Agreement or from utilizing the Sys tem for the purposes for which it was de sig ned.
Durin g the Warrant y Period. epixt ech will provide warranty serv ice to Ci t) at no additional cost and wi ll
inc lude all Services or replacement products or product media nece ss ai;, 10 enable epmec h to co mp ly with
th e wa rr anti es set fonh in this Agreement . epi.Tl <!ch shall pass through 10 Ci t) an) manufact urers· wa rrant ies
Ci t) ofEnglc"oo J · Page .i
CO NFIDENTIAL ANO PR OPIUET AR Y
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that o1p1xreclr rece"es o n the ,stem and. at Cit, 's request. epwech ;hall enforce ,uch "arranttes o n C,ry ·s
behalf
The "arrant1es specified abo,e do no t cover damage. defect. malfunctions o r failu re caused b,: (i) failu re by the
Cuy 10 folio " <!pcrrec·lr 's and the ma nu tacture r ·s in stalla u o n. o perati o n. o r maintenance in srructtons o r its fadure
10 fulfi ll us ob1igattons under thi s Agreement. (i i) the Ci ty ·s mo dificati on o r relocatio n of the Database eC\er .
(111 ) the Ci ry ·s abu se. mi s use o r neglige nt acts. (iv) power fail ures o r s urge s. lig hrnin g. fi re. tlood. acci dent .
actton s of third pames and o th er events (incl udin g those described in ect,o n J.J ). outside epmeclr's reaso nable
control. and l v J im pro pe r operating environment fo r the equipment, including insufficient elecrnca l and
telecommu n1 cauons co nnections.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND . .\RE I N LIE U OF ALL OTHER
WARRANTIES OF ANY TYPE WHETHER EXPRESSED OR 11\lPLIED. I NCL U Dl'.\C.
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTIC U LAR Pt..:RPO SE.
7 PAYMENT SCHEDU L E
epn,.,clr sh all ,ubnrn all invoice, to the C,r~ at the address s ho "n in the tirst paragraph o fth1 s A greement The
Cll} ,s solely re spons ible for pa)ment of all invo ices . epcr tech will nOI provide multiple in,o,ces o r b ill entitles
o ther than the Ci t,. inc lud111g consom um members or govern in g boards. unless State d Oihen, ,s e in :his
Agreement lmo,ces s hall be considered past d ue 30 days afte r the date sho \\·n thereon Late m,o,ces Mc
,ubJect to I' ,0 o per month interest harge ( 18° o per annum). Pa}ment is Jue u pon in,o,ce o r successtul
complctton of conrract milestones as sho"n below ·
·.\IILE TONE
Contr.tct 1gni ng
De ll\ery or' Datab e eC\er
Dell\ ery 0 1 Core Pa~ & Comp leuon ,.,f Data Load Test
Tr:11mng
Com p letio n of vl odule Funct1onality Tem ..
TOTAL
• Any applicable ,ales ta~e s "111 be added to you r invoice .
•' \,J ust be co mplcted ,.,, "a"ed "uhin 30 da~s of train mg .
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8. TAXATION
The City represents that it is not subject to taxation . No fe deral or other taxes (exc is e . luxury. transponation .
sales. etc .) shall be included in quoted prices . The City represents that it shall not be obligated to pay or
reimburse ep ,x te ch for any taxes attributable to the sale of an~ System or Services which are imposed on or
measured b~ net or gross income. capital. net wonh . franchise . pr ivi lege. an y other taxes. or assessments. nor
an y o f the foregoi ng imposed on or payable by ep 1xrech .
Upon Mmen noufication by the City and subsequent verificati on by .purech. ep m ech shall re imburse or credit.
as applicable. the City in a timely manner, for any and al l taxe s err oneous!~ paid by the City purs uant to this
Agreement .
City shall promptly provide epmech with. and epurech shall accept in good faith. re sale. direct pa). or other
exempuon cenificates. as applicable .
'.I . SOFTWARE LICENSE
A GE.\'ERAL
Subiect to the terms and conditions hereinafter set fo nh. <!pLt tech here b~ grants to the City a
nontransferable. nonassignable . nonsublicen seab le. none~clusi,e. perpetual. and royalty-ti"ee licen se (th e
"'License"') to use. execute. store. digital!~ perform and d1g11all~ display the Licensed Software so lel y in
the conduct of the business of the City on the Dat abase Sen er. the iPac Sen er. and sta ff Wo rk stations fo r
the number of seats shown in Rider A. Licen sed SofNare "ill be provided b) epurec h to the Ci ty
pursuant to the term s of this Agreement . only in machine-readable ubjec t code . The City ackno " ledge s
that by virtue of this License. the City acquires only the nght to use the orig inal and permitted duplicate
copy of the Licensed Software as de scri bed herein and does not acquire any ri ght s of ownership in the
Licensed Software which rights shall remain exclu si vel y with epurech. The term of License shall
commence upon delivery of the first module o f Licensed Som,are and shall remain in fo rc e as lo ng as the
Cit, is in compliance with all the prov isions of the Agreement.
B R!G HTTOCOPl'
C
No po n1on of the Licensed Som,are or an~ updates or enhancements to the L1cen ed SofNare ma~ be
dupl ica ted b) the City except that the Cit, ma~ make one co p~ of the machine-readable pon1 on the reof for
no rmal securit,• backup purpo ·es. provided that the C it, proper!. reproduces on such copy a ll noti ces of
epLttech"s patent. copynght. tradem ark. and'or trade secret right s . The City ma~ duplicate
Documentation . at no additional charge . for Ci t~ ·s use so lo ng as all required proprietary markings are
retained on all duplicated copies
TITLE TO SO FTIV.~RE
cpLttech reta ins O\\nership of a ll Licen sed Software and related documentation .
Within th1ny (3 0) da~s from the date of the City's di scontinuance of the use of an y pon ion of the Licen sed
o ti"are licensed hereunder . the Cit, shall furni sh <!pL,rech with written notice centfyi ng that through its
best effon s and to the best of its kno" led ge. all machine-readable code. use r documentat io n or other
re lated materials provided to the City with su-ch L icensed Suftware, incl udi ng an~ cop~ thereof. whether in
"hole or in pan. have been destroyed or returned as follo"s:
All documents relating to such di sc ontinued ponion of the Licensed ofn,are shall be returned to
epLttec h: and
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CO ... rtOF.STIAl. A.'0 fl ROl'RIET AR,
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The origmals and all copies of J n, machme-readable mate rials contam mg Jll o r an; po nion o r the
d1scont1nued Licensed ottware shal l be destro;ed ,1 r p urged so as IO !O tall~ remo,e from such
mach111e-read . le materials al l codes rela 1111 g to the disco nt111u ed po nio n of the Licensed o ih,are
D \/-JT£Rl-1LS 0£1 ELUPED 8) o!pL<tech OR TH£ CIT>'
The Cu; ,igree, :hJt JII rrammg and procedural materials de,eloped b; epmech 111 onJunct1on \\ uh :he
L,cen,ed ·0rt\\Jre ,hJII e the propern or epm;,ch The C,r; funher agrees that adduion, nd
supplements IO •he Licensed -o r ,are "hich ma, be de\eloped fo r the C ir; throu,,h the reimbur~ed or
unrc,mbursed er om 0 i cpntech emplo;ees o r agents shall be the excl usl\e propen, of cpL<tech A ll
,ofn,are , rra111mg and procedu ral materials d e,elo pe d b; the C,r; ac11 ng \\ltho ut epntech ·hall be th e
exclusl\e propen, o f the C,r;
£ PROPRIET-I Rr RIGHTS
epmech retams for use If. an d the City ackno" le d ges that epacech so retams. all proprietar; righ ts m Jnd
10 all des1gm,. t!ng111eermg det ails. and oth e r soft ,,a.re pe rta1111n g to the \Ste rn. and Jn\ J.n d ..111 such
,stems. The Lice nsed ·oth ,are shall be deemed to be the trade secrelS o{ cpm.?ch Th~ Cir; ,hJII n01
re\<rsc assemble. re, erse compile or translate an ; ponion o f he L,cen ed Sc,fl\vare
F PROTECTIO.\ OF PROPRl£T-1R)' /\'FOR. IA T/0 \
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llie C,t, reco~ni ze s and a2 rees that all Licensed .·ormare Jnd u dates ot L1cen ed '111t\\Jre ,n,c
pr,1\IJej to th; C 11, -
Jre considered by 2p m 11ch to be trade secrets or "PlXtcch
Jre 1urn1,hed b; t!p cttech IO the Ci ty m contidence . and
J contJ111 propri etJr, and contidenml mlo nna11 o n
•I .,.,.,1, pbcement of J ·op, right nou eon ,m; punion o t Jn; Licensed o ln, are o r an; updJte t0 ucn
Loe en eJ ·01 .,, Jre '"II 101 be construed to meJn thJt , ch pomon has been publi hed .m J -\ill not
J<eo~Jte rrom Jn; dann that -uch ponion 1s a trade ;ecret o r contams propnctar; JnJ .:ontiJenHJI
IJllllrTTI.HIUn l.)I ~'('IU.!t..\.:h
The Cir; agrees o hold all su ch Licen,ed um,are and upd ate s and enhJncements to th e L 1 cnS<·d
oft"are. m ontidence J t leas t to the exten t that 11 p ro tects 1ts o "n m11 lar con lidenml 111 fo nnat1 o n and to
ta,e JII reJsonJble precaution s consistent wnh gene ral ac epted stan dards 111 the data proce;smg 111Ju,rr,
IO safeguard the co nli denu alir; of such in fo nna11 o n No po n1 o n of an ; u pd ate or enhJncement to the
Licen sed 'of\\are may be di sclosed. furn ish ed. tran sferred o r o th erwi se made a,ailable b; the Cir; IO an:
person except to those of its emplo;ees w ho need 10 use such mfo nna11 on m acc o rdance w11h th is
o m ,are Licen se The Ci t: agrees to ta,e app rop n atc ac ti o n b; insrru ct 1on. agreement Jnd othe"\lse
"1th 11s emplo; ees o mfo nn them of the trade secret. propn etar;, and con fiden11al nature uf he Licensed
olhvare and ihe updates and enha ncem ent s disclosed 10 th e 'iry unde r this grcement. and 10 obtain
their co mpliance \\llh ihe 1e m1 s hereof The obhgJuons o f1h1s pa ragraph ,,di ,unl\e the tenntnJll On of
this Agreement.
.-1CC £SS TO SOL'RC E COD£
Copi es o f the L icensed Software in machine-readable sou rce ·ode along \\llh ne ess.in d, ,umentJtll>n ll>r
insta lli ng . maintaining o r modifying the Licensed Solt\,are ha,e been depo,11ed "uh Dau ec nue,
Int ernat io nal. Inc .. of San Diego. California. under a depo s it agreem ent epm~<h ,hJ II mJ111t.11n 111 ~ood
l ,I\ ll l rn~lc\,,)OJ • Pl;.!c •
co,ritll ... Tl i. '--'D •·ROP U FT \M.',
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force for the duration of this Agreement a deposit Jgreement and will nor ca ncel or modify said deposit
Jgreement without thirty days notice ro rhe City . TI1e City shall be entitled to access rhe materials in
esc row if. i) it is covered at the time of request by software maintenance Jnd . according to rhe terms of the
deposit agreement. essential services cannot be made available to the City by epmech: and ii) the City is a
registered licensee wirh Data Securities Internationa l. Inc . The City may become a re gis tered licensee
either directl y with Data Securities Internation al. In c. or by becoming J member of the Horizon Software
sers' Group which is itself a regis tered licensee.
10 . PA TENT AND COPYRIGHT PROTECTION
ep1.t1 ech will : (I) assume the defense of any suit bro ught against rhe City for infti ngement of an y United States
patent or copy righ t ro rhe extent it is based upon the Licensed Software pro vi ded under this Agreement: (2)
defra y rhe expense of such defense : and (}) indemni fy rhe City ag ain st any monetary damages and/o r costs in
such suit : provided rhat : (I) .;pm ech 1s given so le and exc lusi ve control of the defense of such suit and so le and
exclu sive co nt rol of ne gotiations rel ati ve to the se ttlement thereof: (2) the lia bility claimed shall have arisen
solely because of epmech's selection as to the design or co mposition of the Licen se d Software. and that the
Lice nsed Software is used b. the City in the form. sta te or condition as delivered by epmech : (3) rh at the City
shall have sub stantially performed all of its obligations under this Agreement: and (-1 ) that rhe City provide s
<!pLttech "ith written notice of an y claim with re spect to which the City asse ns th at epmech assumes
responsibility under this Anicle within IO days of receipt of nor ice of such a clai m by rhe Ci ty.
Should an~ Licen sed Software which has not incurred an~ unauthor iz ed modifications or co mbination s become.
or m <!pmeclr's opinion be likely to become. the subject of a claim of infti ngement . then the Ci!) shall permit
epwech. at epLtt ech's option and expense. either ro : (i) procure fo r the City rhe right ro continue usi ng the
Licensed oth,are. or (i i) replace or modi fy rhe Licensed Sothvare so that ir becomes non-infring ing and
fun cr,onall~ equivalent. or upon failure of (i) and (ii), despite rhe reaso nable effons of i!purec/1. (ii i) bu~ back rhe
Licen se d Software at the Cit: 's net book value .
THIS ARTICLE ST ATES THE ENTIRE LIABILITY OF epfrtech FOR PATENT OR COPYRIGHT
INFRINGEMENT BY THE LICENSED SOFTWARE OR ANY PORTIONS THEREOF.
11. INDEMNIFICATION AND Ll\'IITATION OF LIABILITY
In the e,enr J n~ ac1 or om,ss,o n of ~p1xtl!d1 or ns emplo~ees. servant s. agents. or representati ,es directl~
causes or results 111 (1) damage ro or desrrucr,on o f proper!) of rhe City or third panies , and'or (ii) death or
mJur~ ro person s including. bur nor li mned ro. employees or invitee s of the City , then ep ,xrech shall
indemnif~. defend . and hold the Ci ty. its agents and emplo~ees harmle ss from and agai nst any and all c laim s.
acti ons . damages. demands . li abd i11es . co ts . and expenses. including reasonable atto rne ys· fees and expense s.
resulting the refrom .
epmech will effect rhe repair or replacement of the system or correct the performance of its services in
accordance wirh Section 6. and this will co nsrirure its and irs supplier s' sole liability for any failure or defect s of
such s~ srem or services:
The panies· liabilir~ on Jn~ claims for damage s. lo ss es or e.,penses arising out ofrhi s Agreement will be li mn ed
ro direct damages and wi II not exceed the system purchase price. except as provided in Sect ion I 0. rhe preceding
paragraph . or for personal injury and damage ro tangible personal property claims :
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY.
NOR THEIR AFFILIATES. SUBSIDIARIES. PARE"IT CORPORATION, ANY OF THEIR PARENT
CORPORATION'S AFFILIATES OR SUBSIDIARIES. INCLUDING THEIR OFFICERS .
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(0:,,.FIDESTIAL ANO PROl'k!ET ARY
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DIRECTORS. EMPLOYEES OR AGENTS, NOR THEIR SUPPLIERS. INCLUDI NG THEIR
OFFICERS. DIRECTORS, E;\1PLOYEES OR AGE NT S NOR THEIR SUBSIDIARIES. SHALL BE
LIABLE TO OR THRO UGH THE CITYOTHER PARTY FOR ANY INDIRECT. INCIDENT AL OR
CONSEQ UENTIAL DAMAGES (I NCL UDING BUT NOT LIMITED TO LOST PROFITS. LOST
REVENUE OR FAILU RE TO REALIZE EXPECTED SAVINGS) SUSTAINED OR INCURRED I N
CONNECTION WITH THE PERFORMANCE OR '.'IONPERFORMANCE OF WORK UN DER THI S
AGREEMENT AND ANY AME'.'IDMENTS THERETO. OR THE PROVISION. US E OR OPERATION
OF THE SYSTEM OR SERVICES PROVIDED OR SOLD HEREUNDER. REGARDLESS OF THE
FORM OF ACTION AND WHETHER OR '.'!OT SUCH DAMAGES ARE FORE SEE ABLE :
THIS SECTION 11 SHALL SURVIVE FAILURE OF ANY EXCL US IVE REMEDY .
12 . INSURA NCE
A. RE QL'I RE ME N TS
ep1x tech agrees to kee p in full fo rce and effect and maintain at its sole cos t and expense the following
policies of insurance d urin g the term of th is Agreem ent :
(I) Statutoi: Worker's Compensation. incl ud ing occupatio nal disease. in accordance \\1th law
(2 ) Commercial G eneral Liability In surance (including contractual li abil it) ins urance ) pro \ldm g
coverage fo r bodil) injury and property damage with a co mbined s in gl e li mit o f not less than o ne
mil lion dollars (S 1.000.000\ pe r occu rren ce .
(3) Profess ional Liability1Errors and O missions In suran ce coverin g acts. erro rs and o m issio ns ar isi n g
out of epixtech ·s o perations o r Services in an amount not less than o ne m ill io n dollars
(S 1,000 .000) per occ urrence .
B. APPROVED CO MPA.\'IES
A II such insuran ce shall be procured w ith such insu ran ce compa nie s of good standin g. pem1itted to do
bu si ne ss m the counr1:. state o r temtor) where the Services are being perform ed .
C C ERTIFIC.ffES
ep,xtech shall add the C ity as an addi t io na l insured o n its Commerci al General Liabil ity po lic y.
ep1x tech s hall provide the City with a ce rtificate of insurance evi de nci ng compliance with thi s Sect io n
(in c ludin g evidence of renewa l of ins uran ce) signed by authorized representatives of the res pective
ca rr ie rs for eac h year that this Agreement is in effect.
13. CITY RESPONSIBILITIES
The Ci~ will. at its O\\n expense. prepare the s ite o r s ite s for installatio n of the Database Server. Wo rkstation s.
and network it has acquired to run the Software.
TI1e City will provi de eplTtech with adequate and timel y support o r info rmatio n wi th regard to it.s admin istrative .
opc:rauonal and management procedures, and an y data necessary to effectively complete insta ll atio n o r
implementation of the S)stem and other products. Once the in st.all at io n has been completed. the Ci ty will
manage and operate the S~stem and other products.
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o ass ignment of this Agreement or any right or interest herein by either party will be effective unless the other
pa~ has given its written consent to such assignment. However. epixtech may assign this Agreement to an
atliliate or s ubsidiary of epixtech or its parent corporation within its corporate strucrure, including its affiliates.
subs id iaries and parent corporation. or assign its rights to receive payments hereunder without the City 's co nsent.
15. NO WAIVER
No waiver of any breach of an y tenn or condition of this Agreement shall be construed to waive any subsequent
breach of the same or any other tenn or condition of this Agreement.
16. FORCE MAJEURE
The panies will exercise every reasonable effon to meet their respective obligations hereunder but shall not be
liable for delays resulting from force majeure or other causes beyond their reasonable control. including . but not
limited 10. compliance with any Government law or regulation . acts of God. acts of omission. fire s. smkes.
lockouts. national disasters , wars. riots , transponation problems and/or an y other cau se whatsoe,er be~ond the
reasonable control of the panies.
17. NOTICES
All notices given hereunder will be sent registered. cenified or overnight deliver:-. addres sed 10 the other p~· al
the addresses shown in the first paragraph of this Agreement or such other address as eu her p~ may s pec ,~ m
\\riling.
Ill. SEVERABILITY
I fan~ pro,•1s1o n ofth1s Agreement shall be held to be invalid. illegal or unenforceable . the validi ty. legali~ and
enforceab,lil) of the remaining provisions shall not in any way be affected or impaired.
19. GOVERNING LAW
Thi s Agreement shall be governed by the laws of the State of Colorado .
20. NONDISCRIMINATION
:-Je ither epLr1ech. nor an y otlicer. agent. employee. servant or subcontractor of epw ech shall di sc riminate in 1he
treaunent or employment of an individual or groups of individuals on the grounds of race. color, re lig ion ,
national origin . age. sex or disability unrelated to job perfonnance. either directl y. indirectl y or through
co ntractual or other arrangements.
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21. AGREEMENT EXTENSION AND :vlOOIFICATION CLAUSE
The Agreement ma y be modified or extended in accordance with the following procedures : In the event that all
parties to the Agreement agree that such changes would be of a minor and nonmaterial nature. such changes may
be dTected by a wrinen statement "hich describes the si tuation and is signed. prior to the effectiveness. by bot h
panies. In the event that the changes are determined by either or both parties to the Agreement to be of a major
or complex nature. then the change shall be b. formal amendment of the Agreement signed by the pames and
made a permanent pan of the Agreement.
22. RETURNS
The City ma y incur restock ing fees and other like assessments if it changes the types and quantities of item s
purchased under this Agree ment after the items ha ve been ordered . Compaq Computer Corporation . Dell
Computer Corporation . and Hewlen Packard will not allow the City to return items. Should epixtec h order items
for the City from these companies. the City will be responsible for the cost thereof.
23. NON-COLLUSION COVENANT
epwec/1 hereby represents and agrees that it has in no way entered into any contingent fee arrangement with any
firm or person concerning the obtaining of this Agreement with the City . epurech has received from the City no
incentive or special pa yments. or considerations not related to the provision of automat ion systems and service s
described in this Agreement .
o!pixtech funher represents that ne ither ep ix rech nor any director, employee or agent of ~PL~tech or its
subcontractors or vendors shall. without prior wrinen notification thereof to City. enter into any busine ss
relationship with any employee or agent of City unless such person is acting for and on behalf of City
24. HEADINGS NOT CONTROLLING
Headin gs and title s used in this Agreement are for reference purposes only and shall not be deemed a pan ofth1s
Agreement .
25 . STATEMENT OF CONFIDENTIALITY
The contents of thi s document are unpublished. propr ietary and confidential and may not be co pied .
disclose d. or used. in whole or in pan. without the express wrinen permission of epixrech, except to the ex tent
required by law and insofar as is reasonabl y necessary in order to rev iew and evaluate the information
contained herein .
26. TERMINATION
A TER .\/1.VATION FOR CONV£.V/£.VC£.
The City may terminate this Agreement for its sole convenience by giving wrinen notice of
termination to epixrech . By way of example. the City may at an y time direct ep,xtech to discontinue
Services related to the installation of the System provi ded to the City under this Agreement. Upo n
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Ciry of Englewood· Page 11
CONFIOEr,,."TIAL MD ~OPIUET ARV
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epwech ·,-rece1p1 of such no1ice. epvrrech shall. unless otherwise specified in the notice. immed iare '~
stop all work hereunder and. to the extent permitted under each applicable subcontract or agreerr.e:1:.
give prompt written notice to s uppliers and s ubcontraciors to cease all related work. epixrech s hall :-e
paid 1he price specified herein for all non-defective work performed hereunder as of the dare or :i1 e
C it~ ·s termination notice. such payment to be made within thirty (30) business days after eptr:,2:h
delivers s uch work 10 the City. in its then current form. free and clear o f all li ens . Except for costs
necessary to implement the City 's termination directive or as otherwise provided under :his
Agreement. epmech shall not be paid for any work done after rece ipt of s uch notice. for any c o,ts
incurred by o!p 1x rech ·s suppliers or subcontractors after receipt of 1he City's term ination nmice. or :·or
work which epm ech could reasonably have avoided. otwi1hstanding the fo regoing. in no event ;hall
1he aggregate changes 10 be paid by the City under 1h1 s Section exceed 1he unpaid ponion oi ;:h e
contract price .
B TER .\f/.V,ff/ON FOR CAUSE.
Except as provided below by the Sect io n of this Agreement titled "Termination for Non-Payment ... in
the event !hat either pan} materially or repeatedly defaults m the perfo rmance of any of its duties o r
obligat io ns set fonh in this Agreement. and s uch default is not s ub stant1all y c ured within thirty \:0 )
days after written notice is given to the defaulting pany s pecif) mg the default. then the pa~ nor in
default may. by giving written nm ice thereof 10 the defaulting party. terminate this Agreement o r :he
applicable Service relating to s uch default as of a date specified in s uch notice of 1ermma1ion .
C TERI//, AT/ON FOR INSOLVENC>' OR BA NKR UPTC Y.
Either pan~ ma~ immediate!. terminate this Agreement by giving written notice to the o ther Part: m
the event of (i) the liquidation or insolvency of 1he other party, (ii) the a ppointment of a recel\ ec o r
s imilar officer for the mher party, (iii ) an assignment by the other pa~· for the benetil of a il o r
s ubstantially all of its creditors. (iv ) entry by the other party into an agreement fo r the composmon.
extension. o r readjustment of all or substantially all of its obligations. or (v ) the tiling o f a me ritorious
pet ition in bankruptcy by or against the other party under any bankruptc y or debtors· la" fo r its re li er
or reorganization .
D TER .\1/, A T/0.V F OR .VON-PA YJ/E.VT.
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cpmech ma:, term mare this Agreement if the City fails to pay "hen du e a n~ und isp uted amounts due
and s uch failure continues for a period o f s ixty (6 0) days atter the last da~ pa~ me nt ,s due.
TER .\f/,\'A TIO.\' FOR .VON-APPRO PRIATION.
If 1he Ci ty 1s not allotted funds for the next succeeding fiscal period by appropriation. appropriation
l11ni 1J1ion . g rant. or other funding source available to it for purposes of this Agreement. the Agreement
s hall automaucall y terminate at 1he end of s uch current fiscal period for which funds have been
allocated . without penalty to the City. Such termination shall not constitute an event of default under
any other prov 1s 1on of thi s Agreement. but the City shall be obligated 10 pa~ all charges incurred
thro ugh the end of the c unent fi scal period. The City shall give 11p1.rrech written notice of s uch
unavailability of funds not later than thirty (30) days after it recei ves notice of s uch unavailabili~.
TER .~11,\'A T/ON OF SO FTWARE L/CE.\'SE.
T he City ma~ terminate any License for any reason by providing written notice 10 epixrech . If the City
elects 10 so terminate a License. the City shall follow the requirements of th e software licen se here in .
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In such event, epix1ech shall refund to the City a prorated amount of any prepaid charges for support
Services for the Licensed Software in accordance with epu1ech ·s maintenance policies.
G. RIGHTS UPON TERMINATION
Unless specifically terminated as set forth in this Article. all licenses (and the City "s right to use the
Licensed Software in accordance with such licenses) and purchase orders which require performance
or extend beyond the term of this Agreement shall. at the City 's option. be so performed and extended
and shall continue to be subject to the terms and conditions of this Agreement.
27. ENTIRE AGREEMENT
The terms contained in this Agreement and any anachment(s) referred to herein constitute the entire
agreement between the parties with respect to the subject matter hereof, superseding all prior understandings,
proposals and other communications, oral or written . Neither party shall be bound by any pre-printed terms
additional to or different from those in this Agreement that may appear subsequently in the other party"s form
documents. purchase orders. quotations. acknowledgments. invoices or other communications .
28. DUPLICATE ORIGINALS
This Agreement may be executed in duplicate originals. Each duplicate signed by both >!pix1ech and the City
shall be deemed an original copy of the Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement. which shall inure to the benefit of and be binding
upon the successors of the respective parties, to be signed and entered as of the last date indicated below .
epmech. inc.
Tiile . Vice President. U.S . Sales
Date . ovember 20. 200 I
City of Englewood
By :---------------
T~~ Beverly J. Bradshaw, Mayor
Date :---------------
Ci!) of Englewood -Pqc 13
CONFIDENTIAL ANO ftkOl'll1£T AA V
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RIDERA
CONFIGURATION # 36313
This is an estimate based on the following information :
Dynix to Horizon Platform Conversion on New Server
Number of Seats
Number of Bibliographic Records
Number of Holdings
Number of Authority Records
34
80 ,000
104 ,000
160,000
COST SUMMARY
Software
Core Software
Additional Software
Database Software
Peripheral Software
Services
Data Services
Implementation Services
Training
Hardware
Server Accessories
Sys tem Subtotal
Shipping:
Total Discount:
!G RAN D TOTAL
No te : Unless otherwise noted this configuration does not include sales tax
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S-1 7.692 .00
Sl4 ,952.00
$14 .308 .00
S2.000.00
$78.951.00
$1 5.000 .00
$12.850 .00
S4.500 .00
$32 .350.00
$3 18 .00
S318.00
SI 11 .620.00
$~4 .00
-$26 .9-13 .00
$84 .701.00!
Ciry o fEngkwood . Page R-
CONFIDENTIAL ANO l'R OPM..JET .\,n
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Estimated
Extended Annual
Q!y_ Item De sc ripti on Pn c, Pr ice Maint
',()~I\\ \IH
CORE OFTWARE
CorePak License 26-50 eats T,er 29.90( 29.900 4.48 5
Co reP ak includes C:1talog1ng. Ci rculation , ,PAC I WebPAC with ·::-gra de to ,PA C (fo r Dyn,x
onl y)
34 Per cat License 26-5 0 Sea ts Tier 4 5( 15 .300
I Com mu nn~ Re so urc es Lice nse 26-50 Seats T ier
-,u ,e-Tho! £,11mato!d .411n11al .Ha1111e nance 1s based on thefollawmg
/n c/11do!s
-P/rono! co,·.,ra ge .\/omlay -Fridav. 5 VO am --00 p m Jfounr.;;. ~ Tune
-Emergency ·overag e .\/ondu:,• -Sunday. 5 00 a m -9 00 pm .~/,;·.ntam Time
ADD ITI ONA L SOFTW AR E
Enriched Con tent Public L1b ranes 3.76 : 3.76 2
Elem~nt s Included Are :
Ficti on & Bi o
Table of Contents
Summarie s ,-\nno1at1 on
Ch ap1cr s E~ce rpt s
Cover lmagc:s
PW Revie\\S
LJ Rev ,e"
S LJ Revie " s
Homebound License 26-50 ea ts Tier 4.98-'-4.98 4
RPA Licens e 26 :-50 eat s Tier (NT ) 4 .98-'-4.984
--·T PCRet,aiii:e 2 .0 1:6-50 Horizon users. 3 Ex panded . 4 .98-'-4.98 4
Lnh11111ed Ba se l --·----·
-Nute -Th ~ £mma1o!d .41111111.1/ .\lamtenance IS based on thefol/o wmg
Addwv nal Soj/\l"a re Te chn,ca/ Support -Tier 2 (Standard/
Includes .
-Phone co,·erage .\fonday -Friday, 5:00 a.m .• 7:00 p.m .. \fo unt..: .. , Time
• Emergenc_,, co,·erage Monday· Sunday. 5:00 a.m .• 9 ·00 pm .. \/, . .:ntam Time
2.:9--
3i-l
3.-6:
748
748
748
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CO!\Tl0£NTIAL MO PROPRIETAR Y
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DAT:\BA E SOFTWA RE
Da tabase Softwa re (30% list)
.PERIPHERAL SOFTWA RE
--n-:;-syAs k License fo r Horizo n per Workst ati on
I E:isyAsk Doc umentation and Media Kit
Total EasvAsk Licenses
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1-1.308
1.000
1
Nu te · EasyAsk licenses are sold on a per sear basis. /f_1·0 11 need a differem
num ber of seats than is quoted please notify your sales represenrauw
SUBTOTAL· Software
'-I I<\ I( I...,
DATA SE RVICES
DATA CO.Vl 'ERSIO,V SERl 'ICES
I S}stem Re -i mplementau on Services 26-·o eat s Ti er
H O RIZO.V CLSTO.\I D.~ TA ERl 'ICES
I No n-MARC to MARC Re co rd Conve rsio n (As per
Sam Skopp)
IMPL E:VIE:--JT:\ TIO'.'.'. SE RVICE
.J Pr e-installa11 on and Database De sig n Planning Da~s
10 .000
5.000
1.500
Pro ti le and map system. det ermine inde,es and MARC map s. decide
col lection and loc:m on codes. circulauon privileges. bo rr ower r;. pes
and barcodes \10 be he ld at ep1x rec/1. me)
STACI .VG
Local Staging (at epmech )
Sta ging fo r:
-DATABASE SE RVE R
• iPA C SE RVE R
/.\'STA LLA TIO.V
I On-si te In stallati on lat the library)
ln,1alla11 on fo r:
-DATABASE SE RVE R
I Additi ona l On-si te In stal latio n (at the librar:)
2.100
3.750
1.000
I.J .308
2.000
78 .Cl5 2
10 .000
5.000
6.000
2.100
3.750
1,000
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11 .5-13
City ofEngl c,"ood · PJ.gc R·J
CO~'flOESTIAl. "-'O PkOftRtET .\RY
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ln ,1 alla11on for ·
-,PAC ERVE R
TRAI , IS G ER 1 E
3 3 Base On -11e Training DJ) 1',C
r,a,n,ng few ------------------------------
-. Jtalog"iiig" --
-Ci rcula 11 on ---------------------------------
. 1a 1f -PA
~PA C
-Q u1 c~S 1an Horizo n Sys tem Admini stra11 on
3.0 Ad di lt0 nal Onsll e Tra inin g Da)S
Training for :
-Homebound
-PC Rdiance
• RPA
On-s11e Trwnmg .Vures
1.300
0 11-J ll e Tra mmg 1s res tnc ted to a maximum oj people per session.
-l.:-00
J Trw 111 ng must be used w11/11n one (I} year Jrom the date o; sern!r mstu .::.t:un
SUBTOTAL -Services :::.::so
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\·;11t1 7r,1x1~c.:I; u1111c1pa tt.?s :-1 mtitrnal and I: t1x1ern ul 1PA C Wctb P.-l C usr?rs Plcc.sc ;...e
--ud, 1.,dtlw t uddu1u11<1! 1PA C IVeb P.4C users will increu se 1h e load o n the J at:il'US<!
----;:;,.,..:,. To t.ll'fJIJ rer Ormunc11 degradu1 w n add111 onal reso urces m0 bt! ,.eq :.i ;r 1.i
W1ndo ... ~OO v5 0 Se rv er So ftware
ERV ER ACC ES ORIE S
1 Mult itech 33.6K Modem with DB9 Cable
S ole Th<1 library will s upp(r the needed ne rworke d system pr111ter.
,\v ie Th<! /1/,rary will supp (,· the needed nerwv rk.
SLBTOTAL -Hard"are
SYSTEM TOT AL
159 31 8
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Shipping: 24 ,
Existing Software Credits -12.459
200 I Signing Discount ' -7.000
Homebound Discount ! -4 .98.t
Data Services Discount -2 .500
Total Discount: -26.943
I ___ G_R_A_N~D-T~O~T~_A_L ___________________ 8_-'~.,=o~,· ---.~,-.s~-'=31
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Limitation '.\lores 10 ConOguration
I. Purchase prices are valid for 90 days from the initial conOguration. The prices listed are va lid until : January
6. 2002.
2 . This co nri gu rat io n is based on our co ns u ltat io n wuh the City : as such cptxtech reserves the right 10 mod if; the
contigura11on co mponents to meet the needs of the City sho uld c hanges be requ ested by the City
3 Thi s co nfigurat io n is a package q uote. If changes or variations to this package are req uested . epu:tech
reserves the right 10 re-create the confi guration usi ng curre nt policy and cu rrent pricing.
-l . All products in this configuration are subject 10 availability. ep1xrec h reserves the right 10 s ubstitute products
with products of equal or greater value without notification .
5. Maintenance figures shown for year 2 include a I O°'o discount for annual prepayment. Any changes to the
configuration will affect the maintenance estimates.
6 ewly purchased software modules include a one year from installation warranty.
7. E.,isting Dynix clients who are current o n their maintenance will receive a s ix month warranty on their
exisung modules. Any newl y-purchased modules rec eive a one year warranty.
8 cp1xtech wi ll not be responsible for an~ degradation of system performance caused by adding additional users
without first consulting with ep1xtech.
9 ep1xtech will provide training for all graphical modules with the purchase of a Software Core Pak .
IO Should intemal/extemal iPAC /WebPAC users increase above the anticipated number. ep,xtech reserves the
right to review the configurat io n and recommend upgrades to the current server which could result in a price
increase 10 the Cit~.
11 ~p,x1ccl1 does not s uppon appending additional peripherals 10 this confi gu rat io n . If the City would like
~pl.\to!ch 10 anempt 10 tran s fer existing peripherals 10 the new confi g urat io n. then that service is available at an
additional charge .
12
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It 1s the Cit~ ·s responsibility 10 ensure that its independently purchased firewall 'proxy server will interface
with epi .xtech 's products .
NQ = Not Quoted . Maintenance pr icin g :'sm Quoted may be discussed during the Annual Maintenance Audit.
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CO:O..'F\OE r,,'TIA L ANO PROP1UET AJl Y
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14 . The City will su ppl y the needed network.
15. ep1x1ech configures all systems to be accessed over a network (LAN /WAN) using the TCP/IP Protocol. If an y
workstation (terminal or PC ) requires a serial connection to the server, a terminal server and an y necessary
additional equipment will be required. Unless specifically included in th is quote, the City is responsible for
furnishing such equipment .
16 . All hardware configurations must be approved by epix1ech, inc. prior to staging. epix1ech re serves the right to
refuse hardware that is non-compliant w ith epixlech's standards or is not supponed by epixlech.
17 . lfthe Database Server is not purchased from epixlech, the Database Server must be shipped to epix1ech for
staging. The cost of shipping the Database Server to epix1ech will be the responsibility of the Library . The
Database Server must remain at epixtech for a minimum of six weeks which will be scheduled by the
installation team at epixlech.
18 . Hardware required by not included in this quote :
Maintenance Modem-must be supponed by epix1ech
Unintemiptible Power Protection (and software}-must be supponed by epvclech
Sys tem Pr inter
City ofEn1lewood • Pq< R-6
COP,.'flOEN'TIAL AND Nl.onJET M Y
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RIDER B
OPERA HNG SYSTEM LICE NSE
The following terms apply to the sublicense of Sybase Software.
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3.
4 .
5.
6.
Only a non-exclusive. nontransferable right to use the related software on a single computer system (designated by
serial n um ber o r equivalent) is granted to the City and no right to use other Embedded Run-Time Version of the
Syba se Prog,ram is granted :
.:plXli:ch and!or its licensor retain all tit le to the Lice nsed Co py. and all copies thereof. and no title to the Licensed
Copy. or any intellectual property there in. is transferred to the City :
The City may not copy the Licensed Copy, except for backup and archi val purpose s on ly. and the licen see shall
mclude on all copies of the Licensed Copy all copyright and other proprietar: nouces or legends included on the
Licensed Copy when it was shipped to the City:
The Ci~ agrees not to reverse assemble. decompile. or otherwise anempt to derive so urce code from the Licensed
Copy:
The City agrees to comply with all expon and rc-expon restrictions and regulauons ("Expon Re stri ctions ")
imposed by the governments of the United States. The City will not commit an) act or om iss ion which will result
in a breach of any such Expon Requirements : the Ciry agrees that it will comp ly in all respects with an y
go, rnmental laws. orders or other restrictions on the expon of the Program and the Licensed Copy (and related
int~ .rnation and documentation) which ma y be imposed from time to time by the gove rnments o f the United State s
and Canada ("Expon Requirements"). The Ci~ will take all act ions which ma) be reasonabl y necessary to ass ure
that it does not contravene the Expon Requ irements . Wothout lim1ung the foregoing . the Ci~ agrees that unless
prior authorization is obtained from the U .S. Oftice of Expon Administrati on. it will not expon. re-expon or
transship. directly or indirectly. to country groups Q. S. W. Y. or Z (as defined in the Expon Admin is tration
Regulation s) or Afghanistan or the People's Republic of Chi na (excluding Taiwan ). or disclose to any nat io nal or
resident thereof. any of the technical data or software disclosed or provided to the Ci~ or the direct product o f such
technical data or data described on the Control List with a lener "A" following its Expon terminat io n of the
Licensed Copy license agreement.
Alth ough copyrighted. the Licensed Copy is unpublished and contains proprie tary and confidential inform ation of
epix1ech and 11s licensor and is considered by epix1ech and its licensor to constitute valuable trade secrets . The
Cit) will hold the Licensed Copy in confidence and shall protect the Licensed Copy \\Ith at leas t the same def;ree
of care" 1th which the Cit) protects its ow n si milar co nfident ial information :
.:p,xMHs l1censors of soft"are included in the Licensed Co py are direct and intended third pany benefic iarie s of
the lic en ;e agreement and may enforce it directly agai nst the City : provided ho"e,er. that none of s uch licensors
shall be liable to the Ci ty for any general. s pecial. direct . indirect. consequent ial. incidental. or other damages
arismg o ut of or related to the Licensed Copy. and
Upo n termi nat io n of the license for the Licensed Copy. the City shall return to .:plXlo!ch all co pies of the Licensed
Cop). or cenify to epixtech that the licensee has destroyed all such copies .
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Cit) ot'Engle "ood · P,g, R· -
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RIDERC
Schedule I
DATA LOAD TEST
PURPOSE:
The purpose of the Data Load Test is to demonstrate and verify that the City's librar, data file s w,11 be proper !>
processed .
TIMING :
This test will be performed after al l tes t records have bee n loaded and processed . Th is test may ove r lap other tests .
PERFORMED BY :
City staff m conjunction wi th epixtech staff.
TEST METHODOLOGY:
(I ) TI1e Cit, and epmech will joint ly develop data load s peciticau ons . These spec ifications (the "Load
Specificauons ") shall be set fo nh in writing by the C1l) epmo?ch will assist the Cit, in identi~ ing inaccuracies
or detic iencies in the Load Spec ifica tions as re vea led by actual loading and will .-ork "ith the Cit,• to revise the
Load Specificat ion as appropriate . Rev is ions made as the re sult o f inac curacie s in the Load Spec ificatio ns ma~
res ult m de la~ s in rec ord processi ng and additional charges .
(2) The Cit, shall identi~ by contro l number (e .g. ISBN . LCCN. OCLC) and provide o n a mutua lly agreed up on
medium (e .g .. FTP . e-mail) for direct input up to ten thousand ( I 0.000) bibliographic records and match ing
authority records if applicable. (the "'Test Set") that shall be use d to verify that processi ng will be do ne acco rding
to s pecifications . The Cit,• is re sponsib le fo r se lec t ing an accurate and represe ntat iv e Test Set. The rec ords mu st
include an identifiable match point (e .g . control number. ISB . LCCN . OC LC = etc .)
(3) epmech shall de,elop and,or modi fy program s on the C1t,'s s~stem to process the data file s according to the
Load Specifications. The Cit,• will then load the Test Set fr om tape via all o?pixrech documentat ion described
meth ds Thereafter. the Cit, will execute all appro pr iate searc hing command s as described b~ current epatech
doc umcntauon .
(-1 ) The Ci t~ shall ha,e fi,e (5) worki ng days from the time epwech delivers the processed record in fo rmau on for
e,ammauon to revie" the Test Set and ident ify any discrepancies between the processed data and the Load
pec 1tic at1on s . Nor" ith standing the pre ceding . the Cit,· shall comm uni cate wi th epixrech wi thin tw o (2 ) \\Orking
day s of recel\ mg the proce ss ed record in formatio n in order to discuss the progress of the Ci t, ·s review
Exampl es o f discre pan ci es shall be c learly reponed to epwech .
(5) epmech "ill co rrect all repon ed problem s as identified in (-1 ) above. Steps 3--1 will be repeated unul the Test et
is proper!~ loade d accordin g to the Load Specifications .
(6) epu:rec h and the Ci t, agree that o?pmech shall not be re s po nsible fo r fixing problems not identified b~ the Load
Specificat io ns nor fo r correcting erroneous rec ords supplied to epLrtech b, the Cit>.
C 1~ ofEng lt:~ood -r :ig~ R-8
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ACCEPTANCE :
The Data Loa d T c:st shall be successfully completed when the Test Set has been processed to meet the Load
Sp.!c ificat ions . If <!patec h receives no notice of load discrepancies within seven (7) working days of deli vering the
proc essed records infonnation for examination , the test shall be deemed successful. Upon succes sful completion of the
Data Load Test the City shall pay the applicable invoice .
REMEDIES:
In the event that epi.xtech is unable to successfully complete the test within 60 da ys of deli very of the first set of
processed records to the City then the City may , at its option :
(I ) stipulate time extension in which epi.xtech must complete the Data Load Test and withhold a ll pa yments
associated with the test which are due or may become due until the test is passed : or
(1 ) declare epi.x1ech in breach of contract and require epi.x1ech to refund all monies paid to epatech under th is
Agreement. epi.xtech shall have the right , at its expense, to remove all Equipment, Licensed Software and
supplies provided under this Agreement.
These remedies shall be the City's exclusive remedies in the event epi.x1ech is unable to pass the Data Load Test w ith in
sixty (60 ) days of delivery of the first set of processed records to the City .
City ofEnclcwood -Page R-Y
CONFIOE.."'-'T1Al. M O "-C>nlET AA Y
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RIDERC
Schedule 2
MODULE FUNCTIONALITY TEST
PURPOSE:
TI1e purpose of the Module Functionality Test is to verify that the requu-ed functional capabilities of the Licensed
Soimare purchased have been delivered .
TIMING :
Testing will coincide wuh the installation of the various modules and shall be completed or waived within th,~ (30)
days of trainin g.
PERFORMED BY:
City staff
TEST METHODOLOGY :
(I) The City shall initial the functional checklist for features obse:-ved and operational.
(2) Function s which do not operate properly shall be noted and reported in writing to eptttech.
(3) The City shall have thirty (30) days !Tom the completion of training for a module to verify other functions which
ep1x1ech documentation indicates the Licensed Software will perform and submit an y exceptions to epttti!ch in
writ ing,.
(4 ) eptrtech shall clanf) and resolve all reported problems w ithin thirty (30) days of receipt of report . Within seve n
( ) da~ o f receipt of notice of resolution !Tom i!ptx tech. the City shall rete st the function and confirm that the
function has or has 1101 been re o lved .
(5) epLTtech Jnd the C ity agrl>e that not all aspects of the software are reasonabl y testable in the time rrame given (e .g .
"t\,o-~ear cumulat iv e stat istics") and that certain aspects (e .g . "user rriendliness") are subjective . Untestable
feature s or aspects of the Licensed Software shall not prevent the Module Functionality Test rrom being accepted .
ACCEPTANCE :
The "1 odule Functionality Test for a given module will be successfu lly completed and the City ob li gated to pay the
applicable invoice when :
(I) Each function of the appropriate functional checklist is operational. and
(2) Each problem properl y reported in the thirty (30) day te st period has been re sohed.
In the event that i!pa:tech receives no notice regarding non -functioning item s within thirty (30) days of completion of
installation . then the Module Functionality Test will be deemed to have been successfully completed and the City shall
pa~ the appropriate invoice . The foregoing does nm relieve epmech of an) obligation to make operational each
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Ci ty ofEnglc,.ood -Page R-10
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function as per the warranties of Section 5 of this Agreement. The thirty (30) day period will only be extended due to
reasons of force majeure .
REMEDIES:
In the event that eputech is unable to provide software to pass the Module Functionality Test within ninety (90) days of
commencing the test. the City may. at its option :
(I) grant eputech funher time to resolve the problem and accept the test when resolutions are satisfactorily reached :
or
(2) accept the Licensed Software as is and upon negotiating sausfactory tenns pay the appropriate invoices: or
(3) during the first rwelve ( 12) months following installation. reject the System and require eputech to refund monies
paid to epu1ech to date by the City . epix1ech shall have the right to remove. at its expense. all Licensed Software
and supplies provided under this Agreement.
These remedies shall be the City's exclusive remedies in the event epu1ech is unable to pass any Module Functionality
Test within ninety (90) days of commencing the test .
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City of Englewood • Page R-t I
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HORIZON F\.:NCTIONAL DE SC RIPTI O
General Features (All modules)
operates in real-time interactive mode with capab ility to create. update. index . access. and delete
an , data for li brary materials or patrons by both o~line and batch mode (batch mode from
MARC impon or expon and borro...,er impon).
perm its the restriction of specified functions to specified workstations or specified passwords .
moves between functions without logging off or on .
accommodates searches of material s held in other locations of the library ·s system .
logs tran sactions for continuous backup.
1.6 239 .50 Features
1.6.1 The Server makes the database available to other system s' 2 39 .50 client so ftware using their
own user interface .
1.6.1 The Client: accesses other 239 .50-compauble databases using the Horizon user interface .
2 .0 Searching C apabilities (All modules )
2.1 General Features
_2.1.1-
2 .1.2-
_2.1 .3-
_2.1.4-
pro vi des information on item availability and status .
excerpts brief bibliographic information from full MARC records .
suppons formats for material types (monographs. serials. microforms. maps . manuscripts .
documents. and non-print media).
insensitive to upper and lower case or punctuation variat io ns.
2.2 Di spl ay Features
_2.2.l-
_1 .2.2-
_2.2.3·
_2.2.4-
_2.2.5-
offers library a choice of display formats .
offers a choice of th e amount of information displayed. such as brief or full records .
displays call number. current status. and location of individual copies.
provides a summary screen of truncated bibliographic enmes for multiple hits .
perm its browsing or paging screens backward or forward .
2 .3 Assistance Features
_2.3.1-
_2 . .'i .2-
_2.33-
_2.3 ~-
_1.3.5-
_2.3.6-
does not require der ive d o r algorithmic search keys .
provides prompt messages to guide searches by patrons .
allow s re-initiation of a search or correction of typing errors.
provides "help " message s with instructions for continuing a search .
allo"s library to modify "hints " and "ex ample" messages without programmer intervent io n .
all ows display of all previous search str ings used at a PAC client since login for reacti vation of a
pan ic ular search process .
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City ofEnglc-.ood · Pag< R-12
CONFIDENTIAL ANO PR OPRJET All V
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2A Structural Features
_2A .I -Access points
earches the bibl iographic file by author. title . subJects. as mmimum search elements.
ke; "ord searches b; s pecif),mg multiple search terms as well as by single term.
add111onal access points can be se lected by the hbfar)
Aurh on!) control
_2A3-
all o"s patron to bro"se both name and ubJect authon!) files .
Data Base Access features
provides access from all workstation s m the Sy rem . taff workstations as well as the public
access workstations .
permits library system-wide mqu1~ with branch specific holdings information provided .
Boolean searching
_2A.5-
permits Boolean searching: i.e ., linkmg search terms with AND. OR. NOT. and XOR operators.
Ke yword searching
searches se leered indexes by key,..ord
allows rig ht or left truncat ion of earch term s.
permits browsing ofkey,.ord terms .
3.0 Bibl iogra phic Item File and ~ta1ntenan ce
(Catalog Maintenance)
_3 .1-accepts an; MAR C formaned machme-readab le records via file loading or manual entry .
_3.2· uppo ns tandard MARC ormats (Book . map . music. etc .)
_3.3-includes uem (cop;-lnel) mformat1on such as :
a ) un ique book identifier (barcode )
b) item call number
c ) material type
d ) branch location
e ) price
I) collernon
_3 -1-allows search retneval b) the follo"1ng
a) ISBN ISS'1
_J.5-
_3 .6-
_3.i -
_38-
_3 .9-
_3 .10-
3.11-
b i Libra~ of Congress card number
c ) b1bliograph1c uuli!) control number
d ) author added entries. personal and corporate
e ) sub1ects
t) title
g ) series
h ) Dewe; or Library of Congress call number
i) un iq ue item number
allows editing of any ponion of the record without re-editing the entire record.
allow s editing of any field in the record without re-editing the entire record.
links all copies of the same edition ofa title to the bibliographic record for that title .
displa~s ,olume-specific data for senals and sets in number or date order without repeating title-
level bibliographic data.
provides automatic duplicate check to ident ify matching records already existing in the
bibliographic database whenever bibliographic records are added by !',,!ARC impon. Matching
records are overlaid -non-matches create new records .
allo" s expansion or replacement of a brief bibliographic record.
allo" s merg1ng of duplicate bib records with transfer of all holdings records anached.
CiJy ofEngl<"ood • Page R-13
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when creating initial holdings record for each 1itle. System can supp ly defaults for item
circu lauon !)pe . collection. and locatio n.
System automa1icall:,, computes statist ical assignment for new items based o n library-defined
collecuon and call number groupi ngs.
when reaung mulup le copies. Sys1em allows copying from first copy 10 minimi ze operator
en1r.
loads :vlAR C commun1cat10ns format records 1n background mode .
in cludes 1he capab1 h~ for input and output of bibliographic records in MARC communica1ions
formal. including all iag s. subfi elds . and indicat ors .
The :-.IAR C impo rt funcuo n :
loads MARC II commumcauo ns format bibliographic records from a file to the database .
au1omat1ca ll) reformats and stores the source record in the data base without further operator
intervention
allow the hb raf) to pec,fy record "match point" definitions . Matching records over lay existing
records.
allows upda1e s of a b1bhograph1c record and does not lose li nking to an . holdings records
anached .
-1.0 Author,!'. Control (C aia log :Vla1n1enance )
-I .I-
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_4.3-
~A-
_-1 .5-
_-1 .6-
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-H -
5.0
_51-
_5.1-
_5.3-
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pro, ,des o n-hne author,~ tiles for author. subJect. and series.
links each occurrence of J heading in the authority file to each occurrence in the b1bl iograph1c
file so that all occurrences of that heading may be modified with a single "g lo bal " change.
maintains a list of additions to the authority files .
maintains an on-line listing of all records in the authority files.
permits creation of appropriate "see" and "'see also" cross-references.
allows creation of authority records from within the general bibliographic tile maintenance
program .
permits merging of authori~ records .
allows import. creation and storage of :vlARC authority records .
Checkout (Ci rculation)
associates a unique book barcode with a unique patron identifier and stores the charge
transaction in the circ ulation file .
automaucally calculates loan period and due date/time according to :
a) patron~ pe
b) item type
c) libraf) service hours (hourly checkouts only)
displays due date. time on the charge workstation sc reen .
requires only one entr) of patron identifier per batch of items to be charged to that patron .
provides clear audible and/or visual signals that identification labels have been read and the
information accepted.
provides clear audible and visual signals when charge transactions are blocked (permits
override). Visual message states the reason charge is blocked.
allows manual input of book and patron barcodc labels .
accommodates a variety of loan periods which can be changed without programmer
intc:rvcntion.
Ci!) of Englewood -Pa~< R-I~
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allow s o perator to input a non-standard due date loa n pa1 od by overridi ng the s:stem-calculated
due da te .
checks patron status and sig nal s operator of an: excepuon condition including excessive number
of books charged . excessive fines owed . manual blocks placed. or expired regi stration. and
permits override .
check s book sratus fo r hold(s) and "non-c irculating " privilege se tt ings .
provides for electronic scanning ofbarcoded labe ls on patron cards and librai, material s.
6 .0 Renewal (Circulation )
_6.1-
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_6.4-
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pr io r to renewal. checks the book for overdue sratu s. calculates an : fine . permits immediate
payment.
calculates and displays a new due date/time when a charged item 1s renewed .
permits record display and renewal even if book and or patron are remote o r book or patron
barcode number is unknown .
checks patron record for exception co nditi ons (i.e .. unpaid fi ne s)
blocks renewal if outstanding reque sts fo r item & permu s o,emde
Checkin (Circulation)
disengages a book barcode number fro m a patron bar ode number and remo,es the reco rd from
the ci rculatio n tile .
pro vides a co mpletel: int erac11 ,e online he l..in fun 110n
permi ts check in by scan nin g barcode 1den11fica11 on labe l.
permits manual input of book barcode label "here labe l 1s deie tl\e or missing .
allows operator to change date of check m (for dela: ed checkm of a gro up o i material s).
checks the book reco rd fo r hold or other statu s conditions : provides c lear . audible and vis ual
signal s if th ese are fo und : and prompts appropriate processing.
system-wide ability to rrap holds duri ng checkin re gardle ss of where the hol d request was
plac ed .
allows for a specified grace peri od during which no fine is assessed by type of mater ial
checks a book for overdue statu s. calculate s any fine . displa: s the patron's account. and
automaticall: increments the account.
prints a fine notice or other billing document on de man d.
Fines and Fees (Ci rculat io n )
calculates fi ne s at the time of checki n or renewal according to bool.. rype. patron l)'pe. loan
period . and dat e!ti me of check in .
bl ocks charge and renewal transactions for patron s with a specified number or dollar amou nt of
unpaid fine s and fees .
calc ul ates fi nes according to specified minimum and maximum dollar amounts .
prints a patron notice givi ng bibliographic data. fi ne and fee amounts. and a library-specified
message includ ing pa~ment instructi ons .
permits an o perator to record partial or full pa yment(s) received and keeps a record of ind ividual
items agai nst "hich pamal pa:ments have been made .
all O\\S operator to waive patron 's unpai d fine s. fees . or other charges .
Nmice Production (C irculat ion)
perm its staff to determ ine from the patron 's record what notices ha ve been sent and what action
is 10 be taken next.
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C i~ ofEn~le"ood -Page R-15
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print s notices wuh li br:11y-spec 1fied messages .
suppresses overdue notices on items .. cl aimed returned ...
...
uses a patron address from patron record for each rype of notice .
separates notices by branch location .
produ ces che following kinds of nmices :
o,erdue (rem inder ) nmices ·· number based on li brary parameters
billing notices
hold p1ckup,cancella1ion nocices
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"
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10 .1-
10 .2-
10.3 ·
Holds (Ci rculac io n)
10.4-
10.5-
10 .6-
10 .8-
10.9-
places holds at the title level , or item-specific le, el 31 staff workstations.
allows placement of hold on any title from an y workstation .
checks for hold tags on an item record 31 tcme of check in and notifies an operator of hold with
visual and auditory signals.
prints hold notices for mailing.
checks !he hold queue at the time of charge and permits block of charge to a patron not at head
of queue. Permits override of block .
allows operator to remove names from any position in the hold queue .
10 .7-blocks renewal of books with hold tags . permits override.
calculates the hold shelf clearance date and can produce report of expired hold requests .
detects duplicate hold requests made fo r a mle b} the same patron .
11.0Patron File (Ci rculati on)
I I.I-
11.2 -
11.3 -
11 .-+·
11 6-
11.7-
11.8-
11.10-
II 11-
11 12 -
perm its development of system-w ide patron fi le with all appropriate fields. includin g but not
restric ted 10 :
a )name
b) barcode number
c) address
d )te lephone number
e) patron t~ pe
I) e,p1ra11011 date o f reg1 trauon
g )arn,11~ date of las t rransacuo n
h)parron tau sucal categories
1) note field
perm11S libra1;,-specified parameters for patron rypes. patron status . and stat categories.
permits enrr: ofparron registration online.
perm its patrons ro charge materials on their initial visit 10 the library .
allo" s automatic or manual placement of blocks or restrictions on charging of material s .
perm 115 override of patron blocks.
provide access to the patron file by name. by keyword name. by patron barcode number and by
1dent ifica1i on number .
allo"s assigning patron a new barcode number w ithout losing de li nquencies , charges. holds. etc .
able 10 renew card without issuing a new barcode number or entering any informati on int o
patron record .
is able 10 declare card lost or stolen .
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Cit) of Englewood • Page R-16
CO,,.'flOESTIAL ANO ..-ON.JET .U. Y
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RIDERD
WORKSTA T!ON REQUIREMENTS I HORIZON 7.0)
'1tM\lt ·\I SPECIFIC.\TtONS
Staff Workstation
Pen11um II
128 MB RAM
I GB Hard Disk
Network Interface Card
TCP 11P Connectivity
Windows 95 . Windows 98 or Windows NT v4 .0 or higher
Color SVGA Monitor
2xCD-ROM
Mouse or track ball
PAC Client Workstation
Pentium 100 MHz
32 MB RAM
100 MB Hard Disk
Network Interface Card
TCP/IP Connectivity
Windows 95. Windows 98 or Windows NT v4 .0 or higher
Color SVGA Monitor
2xCD-ROM
Mouse or track ball
RECO\OIE'DED SPECIFICATIO"S"
Staff Workstation
Penuum 111 733 MHz
256 :V1B R..\~I
10GB Hard Disk
( 1.0 GB disk dnve space available)
Network Interface Card
TCP IP C()nnecuviry
Windo"'s '.'JT v4 0 and higher or
Windo"s 2000 (Required for UNICODE)
Color SVGA Monitor
20,48X CD-ROM
Mouse or track ball
PAC Client Workstation
Penuum Ill 73:; MHz
64 ~18 R,.\~I
10GB H:ird Disk
(100 ;1,18 di sk drive space available )
Nen.or · Interface C:ird
TCP IP Con nect1v11;-
Wmd o"s :-;T v 4 .0 and higher or Windows 2000
Color S\'GA ~1 onuor
20 48X CD-R O:V1
Mou se or track ball
NOTE . Contigurations of the Database Server must be explicul~ appro ,ed b~ ttp u:tech. including the Nemork Protoc ol
Package to be used. epLrtech support staff can advise the Cit: on pec ,fic cilent workstation configurations if requested .
• Recommended specifications reflect the best market values fo r PC equipment that epu:tech is able to prov ide its
customers 3S of September 200 I .
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City of Englewood -Page R-17
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RIDER E
SAMPLE IMP LEME T A T ION SC HED LE
lmplemenrario n Project
Receipr o f Project Packet
V al1dJte ComracLContiglVendor Q uote
Send Pre-111,1alla11on Fonn S1 Documenta11 o n
K 1.:k Off vketing J t ep wech
Review ProJeCt Plan
Implementation Phase
O rder Products & Services
Pro filing Phase
Re, 1e" Fo rms Jnd Tables
Re e1p1 of ample Da ta
lmplementa11 o n Visi t
Post Pro filin g
Re , 1s1on o r forms
Bi b li ographic ant.I Item Testload
L0Jd B1bliograph1 c and !rem Reco rds
LJad PJtron, \b1111po n J
Ba.:kup Da taba e
Re, 1e" B1bl1ograph1c . Item and Parro n Data
Custom~r 1gnoff
~ rem S ra g in g
Conrinnat1on of Config urat ion
, stem lnstJl!a11o n
venr, Connec11vi 1y 10 Server
P roduction Load
B 1bl1ograph,c
Item, (Co p~ Holdi ngs)
Lu.iJ PJ1ro n, 1b 11n pon l
B.1ckup Load
oft"a r e C hec k
·, ,tern Quain, Check
On,ite Cons ulr:uion and Training
l'errorm Con nc ct 1v 11, Tests
~ base oft \\ are Training
Basi c , stem Adm in . Training
L1b rJr, To Vmf, S~stem Connectivity
Tra inin g Ph ase
PJc. CJt. Ci r .
Go li\C o n Ho r izo n
Cu,tomcr -\cce ptance
Fu1Kt10nJl11, '1gn Off
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,oTE Lpon omra r execuuon. the C ity and epixlech will have fou n cen ( I~) days to draft a preliminary
l111pkmen1J11on hedu le "hi h will be met by eputech if the C ity mccrs 1rs conrracrual obligations. The final
,ch.:Julc "di be re,ie\\ed and accept ed during oricnulion .
C1ty ofEng!c"ood -P,gr R-18
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RIDER F
DA TA \-tlGRA TION
Exiraction of Sample Data .
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(I ) The Cit y and epurech will jointl y develop data load specifications . The se specifications (the ··Load
spec ifications ··) shall be set forth in writing by the C ity . epurech will assist the City in identi f) mg
1naccurac1es or deficiencies in the Load Specifications as revealed by actual loading and will work with the
Cit~ to revise the Load Spec ification as appropriate . Re visions made as the result of inaccuracies in the
Load Specifications may result in delays in record processing and additional charge s .
(2) The City shall identify by control number (e .g .. ISBN . LCCN, OCLC) and provide on a mutuall y agreed
upon medium (e .g .. FTP. e-mail) for direct input up to ten thousand (10 .000) bibliographic records and
matching authority records if applicable. (the ·'Test Set'') that shall be used to ve rify that processing will be
done according to specifications. The City is respons ible for se lecting an accurate and representative Test
Set . The records must include an identifiable match point (e .g .. control number. !SB . LCC N. OCLC =
etc .)
(3) epmech shall develop an d/or modify programs on the City's system to proces s the data files according to
the Load Specifications. The City will then load the Test Set from tape via all i!pmech documentation
desc ribed meth ods . Thereafter. the City will execute all appropriate search ing commands as described by
current .?p1x1.1ch documentation .
(.!) Th e Ci ty shall ha,e fi,e (5) working da~s from the time epurec h delivers the processed record informat ion
for e,ammation to review the Test Set and identi f) any discrepanc ies between the processed data and the
Load Specifications . Notwnhstanding the preceding . the City shall communicate with i!p Ltrech wnhin t\\O
(::?) working days of rece ivi ng the processed reco rd informat io n in order to di scuss the progress of the
C1t)·s rev1e". Examples of di sc repancies s hall be clear ly report ed to i!pixrech .
(5) epixrech will correct all reported problems as ident ified m (-1 ) abo,e. Steps 3--l will be repeated unt il th.e
Test Set is properly loaded according to the Load Spec 1ficauons .
(6) ep,xrech and the Ci t~ agree that epixrec h shall not be res pon ible fo r fixing problems not idenuiied b~ the
Load Specifications nor for corre cti ng erroneous rec ords supp lied to ,tp1xl i! h by the Ci~.
The Data Load Test shall be successfull_ completed when the Test Set ha s been processed to meet the Load
S pec ificatio ns . If epixrech rece ives no not ice of lo ad di screpanc ies within se, en (7) worl..ing da~s of delive ring the
processed records information fo r examination . the test shall be deemed suc cess ful.
Following the Data Load Test. ep1xrec h shall proceed with the production data lo ad .
Production Data Load . Once the Test Dataload Acceptance form is rece iv ed . .?plXlech will begin the Producti o n
Dataload onto the C ity's database server. O nce the full data set has been received . all test data "ill be de leted from
the City's database .
<!f'lXl<!c-h will then load the Production data mto the Cit y's li bra~ database . At this point furthe r change s to inde xes
and mde"ng marc _maps is difficult and change to authorit~ con trol is impossible. TI1ese chan ges must be finalized
dunn~ the Te st Load .
Once the Cu~ has tes ted the production data load. it will be required to s ign-off on the product ion data load .
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Othu Data Sets. Once the production load of the authority and bibliographic has begun . other types of data can be
test loaded. These may include patron data. c irculation data. acquisitions data. serials data. reserve bookroom data.
authority records. etc . Usually a separate test database is created for this data so as not to interfere with the
produc11on load .
Cutover to Horizon SunriK System. At some point after the installation of the database server at the City. the
Cit, w ill stop cataloging on its Dynix system. The City may need to extract a gap file of all the bibliographic
records tha t ha ,e been added or changed since the production data was extracted. If the City 's old system does not
ha,e the ,b1li1 y 10 pull gap records . the City will need to stop cataloging when the production data 1s extracted for
the Production Load . The gap data shall then be loaded onto the database server. Once the gap bibliographic and
uem data is loaded. the other data se ts can be loaded. and the C ,ty will be required to sign-off on the final data . The
Cuy will then begin working on its new Horizon Sunrise system . At this point, the City will discontinue use of ir.s
Dyni x system .
Descriplion or record loads.
The City should contact its technical suppon contact at epmech 10 determine tape and data formats before ordering
bibl iographic and authority tapes from any vendor.
Authorily Records:
The C it, shall have the option to have epixrech load a file of MARC authority records suppl ied by the City or have
o1p1xr ech create au th o rit) tiles of the headings in the bibliographic records .
Bibliographic Record s/M ARC Tapeload :
Load deduped tapes from a s ingle so urce creat ing one bibliographic record fo r each MARC reco rd on the tapes .
Holding Creation/Item Records :
llem records ,.,11 be creat ed based on data in the bibliographic records according to definitions provided b~ the Ci f)
ep1x1ec h "ill au1oma1ically assign co llect io n codes. item loan types. library/branch designat ions to each item based
on informau o n suppl ied b~ the Ci ty.
P:11ro11 File Lu~d :
ep1.r1.:d1 "Ill pro ,ide a borro"er impon program 10 allow th.: City mult iple loads of patron records in a published
,tandard data format.
Circulation Data Load :
ep 1x 1ech "ill load the comma-del imited circulation transaction file .
Data that "ill be migrated from the City 's Dynix library system to the Horizon system incl udes. but is not li m ited to .
the foli o" ing :
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Dynix codes files. including location. collection. item types, item statistical classes.
patron cypes, call number cypes and ranges, are migrated into comparable Horizon
tables .
Author. subject . and series authonty files. including ·see · or ·see also· references. are
exported and migrated from Dynix in USMARC format. unless you wish to provide
authority controlled headings from another source. System-generated authorities
(records without tags greater than 199) are removed .
The Dynix MARC .BIB and BIB files are exponed and migrated tn USMARC format .
The Dynix BIB number is preserved in a 999 tag used for gap tape processing and
serials loading . Any non-MARC data in the Dynix system is mapped to a MARC
format for cxpon. Bibliographic records added to Dynix during the migration process
arc captured on a gap tape for loading into Horizon .
The following fields tn the Dynix holdings record are migrated 10 Horizon ·item·
records . If your library has customized or added fields to the holdings record . note
those for discussion with your data services consultant during pre-installation .
• Call number • Item use count
• Check in notes • lt y pe
• Collection • Location
• Copy volume statement • Price
• hem barcode • Notes
• Item status • Source
• Dates
Holdings records created on Dynix during the migration process are captured on a gap
tape for loading into Horizon .
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The folio" 111g :kid s ,n 1he 0) n" patron record are migrated to Horizon ·borrower"
records lf)OUr h braf} has c us1om1.ted o r added fields to the patron record. no1e those
for discussion "11h ) o ur data se rv ices cons ultant during pre-installatio n .
• Pin= (th is field must be -l . Ematl address
digits in Horizon) . Postal code . Oynix ID (used to li nk up • Phone number
PURF and (!RC.OUT • Binhday
records). • Notes . Pl)pe • Record creation date . Borrower barcode and lost . Guardian
date. if applicable . Last checkout date . Address I ine I • Location
• Address line 2 • Number of checkouts . Address line 3 . Address line -l . City State code
Pa1ron records created o n D~n,x during the m ig ration process are captured on a gap
tape for loading into Horizon
Spec ial loading programs de,c lo pc d by ~pmech are used lO expon 1he (!RC.OCT.
CIRC.HIS. PU RF . PL RF HI . BIB .HOLD -. and TRACK transactio n files from O)n ix
to Hori zon . The PLRF file includes t he flag needed for DebtCollect. should )OU be
using 1h1s product. Tran act ions during the migrauon process should be cap1ured o n
PC Rel ia nce fo r load ing ,mo Horizon .
All serials data. including prediction panems and enumerations. 1s migrated !Tom
Oynix to Horizon in a US MARC Holdings record . Custom tags are added to migrate
information no1 usual!~ stored in the MARC record .
Serials files migrated to Horizon include \1ARC.HOLO. PROCESS. BIB .INDEX .
CHECKIN.INDEX . ISSCE .DETAIL. and ISSL:E .STA TUS .
Special load ing programs de,eloped by ep1xtech are used to expon Acqu,smons data
in ASCII files for loadi ng into Ho rizon . If a library ,s near ing the end of a fiscal ~-ear.
we recommend closing out open o rders o n D~nix . Otherwise. open orders can be
migrared .
Acquisi1ions files migrated 10 Ho r izon include VDIOOR. VENO.ADDR. FU OS .
ORDERS. INV LINE. O RDERS ACTIVITY . ACQ.CODES. RECEIPTS . I VOICE.
and INVOICE.ACT! !TY
Homebound tiles migrated from 0~ n,x include PA TRO LOG and
READER .ADVISOR .
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The Clubs and Organiza1ions file and 1he newspaper file arc exported from Dynix in
MARC format and (currenlly) loaded inio !he Horizon bibliographic file for searching.
The Fugi1ive Facts, Calendar, and Q&A files can be exported from Dynix onio 1he
Horizon sys1em . bu1 are not currcn1ly implcmcn1cd on Horizon . Forthcoming versions
of Horizon Sunrise will offer access and func1ionali1y using 1he Dynix Commun ii)'
Resources data .
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IMPLE:V1ENTATION SERV ICES DETAIL
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Pre-in stallation and Database De s ign Planning Days . ep1x1ech s hall provide the Ci!) with an implementati on
manual which contains informat io n o n how to tailo r the Hor izon Sunrise system to best meet the City·s needs.
incl uding the es ta blishment of system param eters. The manual comes with pre-installat1on forms o n which the City
shall reco rd answers to questions about its library . The City must complete the ass igned \\O rk in the impl ementation
manual prior 10 ,end ing a sta ff member to epwech"s facility in l.i tah fo r the rwo pre-instal la t ion and database design
planning da) s .
The Cit) ma) send one ind1v1dual to Provo fo r the pre-installation and data base design planning days. Du r ing these
t"u da,,. ,1p1x re,h will help the City anal yze how the Ci t) ·s database information is represented in its current
;~stem. and Jetermine how bes t to map that information into the Horizo n Sunrise system . .!pLrrech and Ci ty will
discuss the CH)·· b1bliograph1c database. author ities. patron reco rd s. ci rcul at io n tran sactions a nd holdings re co rd s .
The (11, w,11 also learn ho" the decisions it makes on the pre-installation fo rm s will affect it s system . givi ng the
Cuy the o pponunit) to update those decision s .
Transponat10n to ep,xrech·s facility in Provo. Utah. transpon at1o n to and fro m the a ,rpo n . hote l accommodations
and meal s (as hosted by eptxrech) wil l be paid by epm ech fo r the fi rst person . Upon prior notification to ep1x rech.
the City may se nd up to two (2) addit io nal pe rsons to the pre-i nstall ation and database design planning da) s. The
tra, el-related expenses and arrangements will be borne by the City but no addi ti onal ·'course fee· will be assessed
Ser-er Sta g in g and Remote Con nectivity . iaging of the database ser er includes loading and o ntigunng of the
operat ing ;ystem . and ins tallation of the QL sen er sofmare. Once the database saver ,s staged . epLrre ch shall
pro, ,de the Cit) with connecti vit) information (i e. I P address. login. pas wo rd) and "Ork "1th Cit) to enable to
access the server through ep,.,r.-ch · s network .
Wh il e the database sen er is being staged at eprx rech·s facliit). the Cit) will load the Horizon Sunrise client sofr" re
on its local workstauons and test the .:o nne tlVlt) from the Ci t) to ep,xrech ·s facili t) .!ptxi.xh· net\\Or ha been
cleared fo r SQL connectivity Most connectJ\ II) iss ues can be traced to fi re"all management at u,tom e ;n~, o r
Internet congestion . If the Ci t) has tire\\all protemon m place. the C it) ,hall Jd,, e us rire\\all admin,,trato rs that
n "'II be required to access its SQL server at .!ptxrech's fac il 11) (\\'di "e need to hire a spec1al1st to d th1>1 And. Jt
"hat cost") (~hat expenise does the C it) current !) ha,e. That "ill detern11ne ,f )OU ne ed to hire a ,pe 1J hst
epmedr ,, ill help wuh h,s but cann o t do it . l
t..1:.!111:.! v f the 1PAC sen ~r in ludes lo ading and ontigurmg of the operatin g~~ ~tern. pcAn~ \\ here . .\RC:,cne. and
,PA C ,uriware The da ta base '"" be contigured wuh marc _maps which ',\Ill then be inde ed , 1th the tP.\C
sorh,,11«!
ln,tallatio n ProccJure. Once the Pro duction Data Load ,s complete and the final software check ,s done . the Ci t) ·s
database and ,PA C seners "il l be shipped to the Cit) for installation . ep,xrech·s technical consultant assigned to
th e Cit) ·s proJect will arrive o n-s ne shonl) after the Ci ty receives its servers . If the City has not ,me-grated the
database and ,PAC sen ers into its facliit) nemork before ep,xrcch·s techn ical consultant am,e,. epLrtec/r "ill
perfo rm that task . The techn ical consultant "ill also ,erif) the in stallat ion and o peration of the l\\O seners. pro\lde
SQL admini trat ive trai n ing relaung to Horizon Sunrise. check train in g workstation to sen er connecm 11). pro, ,de
instruction regarding backup procedures. and perform a series of tests a nd adjustments to the Cit)· s ) stem to make
s ure the Cit) ·s system and database are ready for use by both lib rar) staff and patrons.
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TRAINING DETAIL
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Onsite training is restricted to a maximum of eight people per session . Training must be used within one year from
the Jate of installation of the Database Server at the City's library .
All training assumes basic knowledge of Windows and mouse skills.
CATALOG! G TRAINING
Cataloging training assumes a basic knowledge of MARC cataloging rules . This training includes creating
Bibliographic records. Item records, Authority Records. Serial Copy Records . Importing of MARC records. and
using the Item Group Editor. Other cataloging procedures such as Merging. Cross References and Hot
Picks/Bestsellers are also covered . The Reports section addresses cleanup of authorities and resolving import errors.
CIRCULATION TRAINING
Includes Basic Checkout and Checkin with variations such as Lost/Damaged item s. Claim Returned. Not Found. and
Renewals . Other topics covered are Borrower records. Making Requests . and Placing and Resolving Blocks. The
repom section will cover Request lists and the Item Group Editor.
HOMEBOU, D TRAINING
In cl udes the setup necessary to use the Homebound fea1ures . Topics covered include Creating Advisor Records.
Creatin g Routes . determining Ratings. and print ing Dnver and Bo rrower Slips .
PAC TRAI ING
Staff PAC training includes Cross-index and Boolean searching, Making Requests. Limiting, Restricting , and
Creaung B1b lio graph1es with Bookmarking. This se ssion includes a brief overview of the public interface. iPac .
iPAC TRAINING
As part of the Staff PAC training, this demo session highlights the differences between the Staff and Publi c
interfaces . Topics include Bookbag. Patron Empowerment and customization possibilities .
Q ICKSTART SA
Full System Administration training is offered as a 2-day workshop (see htrp :l/www.epixtech .com1train ing ). but
generall y an abbreviated session includes Using Log Express. Running Day End . Creating Users and Sec ur ity in
Horizon . Rev iew of Table Editor. and the Item Report .
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COt-'fU>etTIAL AND PAOP!tJET AR 'I'
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RIDER I
MAINTENA 1 CE AGREE:VtDJT
PR 0 \11 IO NS FOR MAINTENA . CE SERVICES
cp1xt<!ch Jgrees m furnish as specified he rem serv ices to ma intam the sonware and the Libra ry hereby
pu rcha ses main te na nce service fo r the soriware upon the term s and co nd ition s set fonh herein .
ATTACHMENTS
The following attachments are incorporated into this Mamtenanc e Agreement by referenc e and are made a pan
here of: ..J11ac/1ment A -Software Maintenance Co era ge
,;. TERM
4 .
5.
This maint enanc e se rvices to be provided under th is Agreement sha ll ommenc e on mstallau on o f the fi rst
S~stem co mponent at the Library and shall co nt mue for a period o f one t 11 ~e ar Cn less six ~ (60) da~s pri o r
notice of intent not IO renew is given by ei ther pa~. the L1brar:-. b~ pa) mg the then cu rrent ma inten anc e te es.
ma ~ aut om atic al ly renew this Agreem ent fo r add111onal subs eq ue nt one (I ) ~ear tern 1> TI1e L1b rar:-,hall be
provided written notice of any rate incre as e fo r the foll o"mg ~ear ,i ,~ 1601 J a)s pri o r to the annl\ersar:-dat e
Th is Agreement ma y be terminated by either part) m ac co rdan e "1th the term s an d co nd1 11 ons et to nh m
Sectton I 3 hereto.
Pn or IO the beginnmg o f eac h ub seq uent term of th1s Agreement . the item , to be o,ered b~ ma1ntenan e ha ll
be re, ie"ed b~ <!fmtech for evaluation o r' eac h md 1vtdua l ·o mpo nen t', onu nued co,erage hould cpm,xlr
de te rmi ne that an ) item can no longer re cet,e ontmue d ma 1nt enan e co ,erag e. the L1brar:-shall ha,e th e
optio n of either pa~ mg for replacement or' su h item m order to rene ,, maintenance CO\erage or co ntinue us mg
the 11e111 "1thout mamtenance o , erage n1e L1b rar:-"di e notified 111 wrnm g oO da ys pri o r to the annl\crsar:-
date o r'the . .\greement o r' an~ co , era ge mod1ri ca 11ons to the ·~s te m fo r the folio \\ mg! ear
PR OV ISIONS FO R MAI. TENAN C E ERVI C E
ep,xrech agrees to furnish sen ices . as specified herem . to maintai n the S~ stem and the L1b rar: hereby
purchases th e maintenance se rvice for the S~ stern upon the terms and conditions se t fo nh in th 1s Agreement.
All cos ts. charges . fee s and refe rences to dollar amou nt s shal l be ca lc u la ted and paid in te nn s o r' Un ited Stat e s
of America ("US ") dollars . All maintenance se rvices pr ovided hereunder are remed ial o nl y: no pre entatiw
maintenance se rvi ces are offere d .
SUBCO TRACTORS
ttpixtech hereby accepts full responsibility for the obligations o ut lined b~ this Agreement. The L1bra1:-
agrees that epixtech may subcontract some or all of the per fo nnance of its duti es pro vided for herein .
Nothing in this paragraph shall be interpreted as authorizing the assignment of thi s Maintenance Ag reement
by epixtec:h.
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o. DIAGNOSIS O F PROBLEMS
.!p txr-,ch shall maintain technical personnel stationed at its offices for purposes of provid ing cu stomer
sef\ ,ce 10 repon problems and discuss questions about operations . For diagno sis of problems . o!pmech
1echnical personnel shall be able to acce ss the Library's Syste m directl y via a dedicated data-grade phone line
(which ma~ go through a PBX ) and 56k modem. all of which shall be provided by the Library at the
L,brar~ ·s e~pense . At the option of ep1xrech. maintenan ce shall take place over this phone line or via the
Internet. -,p ,xrech will use its best business effons to acknowledge the receipt of an) properl y reponed
pr oblem w11hin four business hours .
7. HOLIDAYS
8.
Maintenance se rvices provided under this Agreement shall be exclusive of the following ho lidays :
New Year 's Da y Labor Da y (US ) Chri stma s Oa )
Hoh da) s falling on Saturday will be observed on the preceding Fnda). ho Iida~ falli ng on unda) will be
observed on the following Monda).
CONDI TIO S OF epixtech 's OBLIGATIO S
All maintenance services of any nature rendered b~ ept.tt.!ch hereunder ha ll be hm11ed to the Items de ti ned in
Rider A of the Purchase Agreement and hall be contingent upon the L1brar;,·s proper use orthe )S tem in the
application for which those items were intended . Any 11em co,ered under thi s Agreement "h1ch 1s abused.
ph ysi cally or otherwise. or used contrary to the manufacture r', spe c1fic a11on ,. ,s deemed not ubjec t 10 th e
maintenance services of epixtech co ntra cted for hereunder b~ the L1brar;. ar.d the fu ll cost or rep air s shall be
borne by the Librar;.·
9. OBLIGATIONS OF THE LIBRARY
A. The Librar y shall be re pon s,ble fo r ma,nraming a sunic,ent srarTand quai l!) of onsum able s (i e. Da ta
Grade Tapes ) to handle normal da)-tO·da) operauon and supp on for the ~ tern . m ludm g. but not
lim ited to. such task s as back-ups and repon handlin g. It 1s ac~nowledged and understood that the
main tenan ce and supp on service 10 be provided by eptxtech hereunder ,s not ,mended 10 supplant the
Library's da~-10-day o peration and suppon for the System .
8 . The Library shall provide epmech full and free access to each item listed in Ride r A to allow o!p txtech
to provide maintenance service 1hereon and a suitable place in which to perform such se rvice shall be
111aue available to <!p txtec h. The Library shall prov ide epmech all access to item s lis ted in Rider A,
wlrn:h ep1xrech believes is nece ssary or desirable for the performance of any unscheduled on-site
remedial maintenance services . A designated representati ve of 1he Library shall be in the building
whene,cr cpLrrech personnel are pre se nt .
C. The Library shall provide suitable environmental conditions . including space . heat. light . ventilation.
cooling. electrical power. current and grounding. and the like to be maintained proper(~ hereunder.
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D. ·nie Lib rary shall not pcrfom,. no r anempt to pe rform . or cause to be penom1ed. maintenance or repair to the
Eq uipm ent or Licensed 01tware co,ered hereu nder durin g the term of thts Main ten an ce Agreement c~cept "1th
the prio r wn ne n or oral :tppro , al of o!p a:tcch .
E. The Ltbrar;. shall be responsible fo r mainta in ing : ( I )a te lephone wuhin pera 11onal reach of the centrJI
eq uip me nt.(~) an auto-ans "er 56K baud mode m anac hed to a po n 1or the e~clus1 ,e use of cpLTti!ch. and (3 ) an
"o utside " J ata !¥1Jde phone line for the mode m to be used m dial-u p diagnos11cs and main tenance Tite cost of
procunng .md ma in tam mg thts line m good operanng condi non shall be born e b~ the Ltbr:11'. t.l ) internet Jc ce
mclud mg access th rough an) secun~ me1Sures.
F. Tiie Library 1s sole l: respon,ible fo r ven t) mg the success oiall S~stem and data bac ku ps . ep m ech J 1scla1m all
liabili ty for data loss res pon sibl e fo r data loss in cl udin g. but not lim11 ed to. data loss re sultin g fro m backup that
were not verified by the Ltbr:11'
G. Tii e Library may move co mpo nents wi th in die roo m "here ori ginall : insta lled wi th out notii~i ng epm.!ch :-.1 0,es
beyo nd thi s roo m req uire s1xl\ \o0) da~s pnor wnnen notice to epmech. Should die Libr:11' dec ide to use
cpmech staff. th e Lt br.lr) will be billed at opme,:h 's then-publ ished rates to move the components and ,s
respo nsi ble fo r all costs associated "1th the mo ,e. Ti ie movement of compon ents eq ui pment "1thout proper
aut ho nza 11on ma: void th e Library 's mai nt enan e on those uem s. The Library shall be so lel: re po ns1ble fr an:
damages to the compo nents eq uipm ent incurred b~ the Lib r:11' ·s mO\em ent thereof If ep m ech moves the
compone nts . .m : damages will be covered under th is r\g.ree ment . This sec tio n does not appl: to the mo , mg of
tenn inals. Worksta11ons. wan ds. lasers. and pn nter.;. the se items ma: be moved with out pnor pennt ss 1on :
ho "ever. an: damages ca used b: mo ,ing ,uc h items shall be the so le 11.,sponsibtlil\ of the LtbrJI:
IQ CHARGESAN DPAYM ENTS
A. Ti ie maintenance charges noted in Rider A are based on annual prepa>ment and are due and pavablc b: the
Ltbr:11' prior to the Stan of the seco nd annua l ma intenan ce penod . Ten percen t ( I 00 o) will be added to the then
ann ua l ma int enanc e pric e if the Librar;, chooses to pa: S<!m1 -annuall: or fo un een percent ( 14° o) 1f die Librar:
chooses to PJ : quart erly . or l\,enl\' perc ent (20°0) 1f th e L1 brar;, ~hoo><! to p.t : mo nth l: Appltc ab k 1a.,es and
tariffs " 111 be add ed to each invoice . It ,s the L1 brar;. 's respons1b1hl\ to inform cpm.:ch ,f 11 1s ta., ~,cmp1 . arnJ
pro, 1dc 1h e applicable docu mentat io n includ ing its ta.x~~empuon nu mbe r
B. Req uests !or re-b ill ings or adjuso-n ents to the present:mon of btlltngs. not the resu lt of an error b: o!p1x1.:c/r. "tll
be do ne at th e sole discreuon of .:p1x1ech. Ji td ma: be subjec t to an admm,srrame lee. not to e\Cttd titken
percent ( i 5°'ol of the bill ing am oun t.
C. Pa:menl term s are ne t 30 da:s. Late pa:ments are subject to an intere st charge of one an d one-half percent
(I' ,0 o) per month ( I S°'o per annum ) or th e highest am ount permined bv law , whi che ver 1s less . The Ltbr:11'
agrtts that delinquen c ies in excess of stxl\ (60\ da) s may res ult in epix1ech's wi thh oldi ng of suppo n sen ice s.
upgrades. and the can ce llat ion of this contrJct "ithout liab tl1 !) to epmech.
D . Should th e Libr ar: des ir e to retie " main tenance co,erage on an: item pr eviou s!: termina ted fr<im
covera ge du e to deli nqu encies of pa > ment term s. the Lib ra,:. sha ll be liable fo r one hund red pe r en1
( 100°0) of the maintenan c e charges that would ha,e been cha rged on the Equip ment and -o ih ,are
dur ing th e period wh en maint ena nce co, erage "as term mated . oplXl.!ch shall have the sok op tion of
determ ining whether to renew mainten anc e coverage on an: i1em a nd ma: 111 spect such items to
determine if the y are in good operating cond iti on before re new in g cO\c ra ge . T he inspectio n and Jn:
repairs. adjustments, or up grades deemed necessa1' b: .!pmec /r or its third pan) prov iders shall be
made at epmech's then-current prices and term s. The Libra,:. wi ll be charged for such repa irs.
adjustments. or upgrades prior to continuation of servic e .
Cn~ ufl:nglc,,ood · ra ge R·lM
ro,FIOl:S'THL ... ,o PA.OPRtrT ARV
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E. Charges for on-site remedial maintenance provided oth er than during the hours o f contrac ted maintenance or fo r
othe r services. produc ts or item s which are not included m the monthly maintenanc e charges are due and pa~ able
th111 ~ (3 0) da~ s from the date of invoic e. These charge s " ill be invoi ced as the~ oc cur.
F An) req uest by an empl o)ee or apparent auth orized representau,e of the L1b r.uy fo r mai ntenanc e on item s or
1mm.:rs not covered under 1h1 s Agreement shall be deemed J co mm ionent by the Lib rary to pa~ fo r suc h
addiuonal suppon .tt cpmech ·s then publi shed hou ri~ rates . It 1s the Lib r.10 ·s respons1bd it: 10 ens ure its
emp lO)ttS and repre senta tives know the li mit of the ir approval auth orit:.
G . Time spent by cp m ech reso lvin g or anempt ing to resol\e problem s subseq uentl v determined 10 be ca used b~
products neither supp lied nor suppon ed by ep m ech shall be billed to the Library at cp Ltlech's then publi shed
hourl y rates.
H. Th ere shall be no additional maintenance char<,;e for :
Unscheduled on-si te maintenance begun during the co nrracted hours of maintenance an d extending one
hour beyond .
Time s pent by ma1111en ance per so nne l after arr ival JI the si te a"ai ting the arri va l of addi tional
maint enanc e perso nnel andior delive~ o f pans. too ls. or oihe r requ ired matenal after a servic e call
has co mmenced .
LIMITATI ON OF LIABILITY
epil:tech's AND ITS SUPPLIERS' AND LICENSORS' TOT AL LIABILITY ARISI NG OliT OF THI~
AGREEMENT. THE TERMINATION THEREOF, THE PERFORMA.'IICE OF SERVICES HEREL:NDER.
AND OR LICENSE OF THE SOFTWARE AND DOCUMENTATION SHALL BE LIMITED TO THE
.HIOL:NT PAID HEREUNDER BY THE LIBRARY IN THE MOST RECENT SINGLE T\\ELVE (12)
:VIONTH TERM. IN NO EVENT SHALL epil:tech, ITS SL:PPLIERS. AND LICENSORS BE LIABLE FOR
Sl'BSTITLTE SOFTWARE. epil:ted, AND ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE
FOR ANY INDIRECT. INCIDE:'IITAL. CONSEQL'ENTUL. MliLTIPLE. Pt:NITIVE OR SPECIAL
DAMAGES. OR FOR LOSS OF PROFITS. DATA. GOOD WILL OR l'SE BY THE LIBR.-\RY OR AN\
THIRD PARTY. WHETHER IN CONTRACT. TORT. STRICT LIABILITY. OR OTHERWISE IN
CONNECTION WITH THIS AGREEME:'IIT. OR ARISING OUT OF THE PRODliCTS. SOFT\VARE.
PARTS. OR SERVICES PROVIDED BY epiuec:/1 EVE:'11 IF epi'ctech HAS BEE:'11 ADVISED OF SA .\1E OR
COL'LD HAVE REASONABLY FORESEEN SAME. EXCEPT AS TO PERSONAL IN.11.:R\' AND
PROPERTY DAMAGE. q,iuec/1's MAXIM M LIABILITY SHALL BE LIMITED TO THE ACTt.;AL
DIRECT DAMAGES INCURRED BY THE LIBRARY WHICH WERE CA US ED SOLELY BY THE
NEGLIGENT ACTS OR OMISSIONS OF q,iuet:/1 . THE LIBR-\RY AGREES TO PROVIDE <'Piuech WITH
PROMPT WRITTEN NOTIFICATION AS TO THE SPECIFICS OF ANY CLAIM FOR DAMAGES AND TO
PROVIDE <'PL\7£'Ch WITH A REASONABLE OPPORTL':'1/ITY TO INVESTIGATE. THESE LIMITATIONS
\\ILL APPLY NOTWITHSTANDING ANY FAILLRE OF ESSENTIAL PURPOSE OF ANY LIMITED
RD I EDY PROVIDED HEREIN. THI LIMITATION OF LIABILITY IS CU:VIL'LATIVE. WITH ALL St.:CH
PARTY'S EXPENDITL'RE ' BEIN G AGGREGATED TO DETER:\IINE SATISFACTION OF THE LIMIT.
NO LIMITATION OF DA:\IAG ES FOR PERSONAL INJL:RY OR PROPERTY DA MAGE IS INTENDED.
12 . E.\CLL: I VE \VARRA'-TY .-\,D RE:\IEDY
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co,FIOE , rlAL ,\.,o PR UP RIET \R't
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epixtech WARRANTS THAT All SERVICES WILL BE PERFORMED IN A WORK'.\IANLIKE
FA SHION AND All PARTS PROVIDED BY epixteC'l1 SHALL BE FREE OF DEFECTS IN
MATERIALS AND WORKMANSHIP AT THE TIME OF INSTALLATION. IN THE EVENT
epfrtech BREACHES THIS WARRANTY. epixm·h's SOLE OBLIGATION AND the LIBRARY'S
EXCLUSIVE REMEDY SHALL BE TO HAVE epixuch MAKE All NECESSARY
ADJUSD'IENTS. REPAIRS, OR REPLACEME'.',T OF PARTS WHICH WERE DEFECTIVE AT
THE TIME OF INSTALLATION.
THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES CONCERNING ANY
SERVICES. PARTS. SUPPLIES. OR EXPE:'IIDABLE ITEMS PROVIDED HEREU:,;DER. epl~tech
DISCLAIMS THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND
WARRANTY OF MERCHANTABILITY. THE FOREGOING SHALL BE THE SOLE REMEDY OF
THE LIBRARY FOR ANY CLAIM FOR BREACH OF WARRANTY.
13 . TERMINATION
All items in this section require wrinen noc ice to ep ,xrech :
A . Should the Library breach either the te rm s of ch is Agreement or its Purchase Agreement with ep,xrcch.
epwech sha ll ha ve the right to tenrnnate thi s Ag ree ment wit hout li ability Jnd wicho ut preJudice to any
o ther righ ts ep,xrec h ma y ha ve hereunder either m law or eq uity
B. Either pany shall have the right to term mate thi s Agreement in the e,ent of a defa u lt by the other pany
when such default is ei ther inca pab le of cure . or being capable of cu re . has not been cu red wi thin 1h iny
(30) days a tie r the defaulting pan~ has rece ived notificatio n of such defa ult
C. Righ ts and Obligations on Terminat io n: In the e,ent this Maintenance Agreement is terminated . each
party shall return to the other all data. material . and other pro perti es o f the other party then in its
possess ion or control.
D Sortware :Vtaintenance Cancellauon: the L1brar: shall gl'e epwech six ~ l60) days ad vanced notice in ,vntin g that
it wi shes 10 cancel its Licensed Software maintenance . be 1t at the end of the mai ntenance period or before . If the
Lib~ tem11nates Surlwa,e maintenance dun ng th e maintenance period. it will receive a prorated re fund of paid
main tenance fees based on the ti me remaining m the maintenance penod . An admini str.llive fee of 15"'• of 1he
retund amount will be assessed b~ i!pL<le h.
14 ADDITIONAL COVE RAGE
The Library may desire coverage for equipment nOI currentl y under warranty or not covered by an existing maintenan ce
agreement. eptwech shall have the sole option of accept in g suc h equipment for coverage. Such equipment may be
subject 10 inspection by epixtech or its third-part) providers to determine if it is in good operating condition . The
inspection and an y repairs. adjusunents. or hatd"are upgrades deemed necessary by epixrech or its third parry prov ide rs
shall be made at epixrech's then current prices and terms . Th e Libra!: will be cha,ged fo r such repairs. adjustments . or
hardware upgrades prior to commencement or continuat ion of service .
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Cuy ofEnglc"oo d · Page R-30
ca,FIOE'.'TIAL AND PROPRIETARY
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15. ADDITIONAL REQ UESTED SERVICE
Requests by the Library for help with items not covered by this Agreement shall be subject to acceptance by
epatech and will be billed at epixtecn ·s prevailing hourly rate. Customers with maintenance agreement
coverage will be cared for ahead of customers requesting help for items not covered under their maintenance
agreement .
Ci,y ofEn1~ood • ..... R-J I
CONflDENTlAL ANO ,_ONJET AA V
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ADDENDUM A
SOFTWARE MAINTENANCE COVERAGE-TIER II
Capitalized icnns not defined in this Addendum shall have the definition contained in the body of the Maintenance
Agreement
Detinitions :
Emergency Coverage shall have the meaning ascribed to it in Paragraph 12 below.
Priority I : (Major Outage) all ponions of the complete Software system covered under this Agreement
have aboned and cannot be restarted : restore failures: critical situations that cause corruption of data: day-
end processing not resolved by system utilities : inability to use PAC for searching; or the inability to use
the below noted modules at any site :
Checkout
Checking
Bibliographic file update
Patron file update
Item file update
OPAC title inquiry
(for Dyni x Systems includes TAP)
Prwrity 2 : (Hi gh) Any loss of functionality or component failure other than those covered by Pnorit)
I : functionality degradation : questions about senmg up the Software: error messages : Sotiware system
backup problems: the inability to search bibliographic indexes .
Priority 3: (No rmal) All other non-scheduled request.
Pri ori(), .J (Sc he duled) All sc hedulable work .
City of Englewood · Page R-32
CONflDENTIAL ANO PAOP1UETARY
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} Oeterminallon of priority level for all repo ned probkms w ill be at epwech ·s ole discretion . Re spon se is based
on the load of priority le,els. which is the o rder focused upon .
~. Items co ,ered are the Licensed Software and dat:ibase sofu,are.
5. ep1x1ech w,11 provide at no additional charge to the Libra~ all bug tixes . maJO r release s. interim releases or
upgrade s to the Licensed Software if and when developed and released provided that the Library is no more than
one major release back fr o m the then-current release . Addillonal charges pursuant 10 release level sha ll be
determined at the ann,versa~ date of this Agreement . Such fixes. releases. or upgrades shall be provided \\l!h all
appropriate documentation fo r uccessful installation and im plementation .
6 . The L,brar: will be allo"ed o ne Libra~ contact person and two de signated Libra~ contact backups. Sa id
contacts s hall be the o nl : Libra~· personnel contacting o!ptxtech regarding maintenance issues.
7. Technical s uppon via telephone for application Software. including all standard func11on . wil l b e a,aila ble
during Standard Hours of Co,erage .
8 . The Library shall be responsible for the purchase and pa: ment of any equipment upgrades "hich ma: be required
to enable any and all rixes . minor enhancements. releases. or upgrades to the Licensed om,are to o perate \\1t h 1n
the performance specifications established by ep1x tech unless such is otherwise pro,ided fo r under 1h1 s
Agreement .
9 o!ptx tei:h shall prov ide correcllon to the Licensed Software at no additional cost to the Libra~ fo r :111 : erro r.
malfunc!lon . or defect which causes the Licensed Software to fail to perform substanllall: in accordance "11h the
functional s pecification o f the Licensed oftwares documentation except as prov ided for in ec!l on 10 be lo "
IO Should the Library de si re to be l\•o major re leases back from the most current release. there shall be an addu1 na l l\•en!)
percent (20°·o) annual premium above the then current annual maintenance fee . The Library ma: also experience dela:s m
customer service due to being back l\VO or more software releases. If the Library shall be more than three re lease bacl, and
not agree to upgrade to the current Sofu,are release. then epm ech shall have no further obligauon to pro, ,de the e" ice s
contemplated under this Agreement and ma: upon }0 da:s prior notice terminate this agreement without liabdi!) e,cept to
pro, ide the refunds contemplated under General Terms and Conditions Anicle 15
11 tandard Hours of Co,era2e : Soft\\are remote maintenance and consultauons sha ll bt' pro,1ded Junng 1he
12 .
folio " 111g standard hours :
5A\1 to 7 PM Mo nda~ through Friday \11ount:iin Time
Emenrenc, Covera~e: cpmech shall provide remote assistance for \11ajor Outages from · AM to 9 P\1 .'v1T. Monda:
through Sunda~. Major Out:ige assistance is limited to work in correcting problems that prevent successful o peration o f
major required fi.mctions pursuant to the definition of Major Outage . Emergenc: Coverage "ill be a,aliab le ai\er 9 P!'v1 and
before 5 AM Monday through Sunday and will be billed to the Library at epmech ·s then cu rrent hourl y rates fo r the lime
required to perform such ser ices. epmech will respond to Emergency Coverage requests \\lthm 4 hours o f receipt of
notifying call. Time to problem resolution is not provided due to the variability of the nature of MaJo r Out:iges .
13 . ep1xtech s hall ha, e no obligati o n to prov ide assistance in correcting errors o r problems ans mg in connection wuh
an: moditication s or alterations to the Soft\\are which have been made by o r on behalf of the L 1brarv without
ep,xt"<Hs express wrinen consent ; or for an: destruction. alteration or sus pension of ottware operation due to
natural disasters. communicati o n line failure . failure by the Library to perform wee~ly backups of cpmech
so ftware and darn . or actions o r decrees of governmental bodies .
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1~ ufEngle\'t Ood · Pa.~e R-33
co,F!Of ,Tu.L ~ ,o PROPRIET AH.~
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1-t . The Library may request that epixte ch perfonn standard services such as maintenance or installations of new
Sotiware releases during times outside Standard Hours of Coverage . The perfonnance of regular services o uts ide
nonnal hours is called "discretionary services·· and may be billed at epmech ·s then current hourl y rate s for the time
required to perfonn such services. Deli very of discretionary services is based on availability of resources and
epixtech reserves the right to refuse such reque sts.
15 . Should the Library desire to cancel an y of its software maintenance it must provide epixtec h ninety (90) day s
advanced notice in writing , whether such tenninat ion shall be at the end of the maintenance period or before . If
the Library tenninates such maintenance dur ing the maintenance period. it will recei ve a prorated re fund . based
on the time remaining in the current maintenance The refund amount will prorated based upon the tim e remainin g
in the current maintenance term as of the termination date . An adminisrrative fee of 15% of the refund amount
will be assessed .
Ciry of Englewood -Page R-3 4
CONflOESTVJ .. "-""0 ,,_OPlllET AA. Y
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COUNCIL COMMUNICATION
Date Agenda Item Subject
D ece mbe r 3, 2001 10 C ii Mclellan Rese rvo ir Spi ll way
Repair
INITIATED BY
U ti li ties Departm e nt
STAFF SOURCE
Stewa rt Fo nda, Direc to r of Utilities
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
Non e
RECOMMENDED ACTION
Th e En glewood Wa t er and Sewer Boa rd recommend d Council app rova l by m oti o n via phone vot e o n
Novem ber 26 , 2001 of th e winning bid from o lo rad o To ta l Maintenan ce in th e am o unt of $11 9,875.00
fo r th e Mcl ell an Spi ll way repair .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
During the yea r! inspec tion o f M Le ll an Reservoi r b th e State Engineer, it wa rep o rte d th at the ,'v\clelll an
Sp ill way was i n need of r pairs in th e immediate fu t ure. Repa irs are necessar, to th e concrete wa ll s a n d
fl oor of th e M c lellan spillwa . Th e spi ll way m ust b e kept in good repair in th e case of a large pre cipitat ion
event and to maintain stru tural in teg rity. Th e spi ll way releases wa ter at a ce rtai n ele\a t io n fr o m the
reservo ir, p ra t e t ing th e dam fr o m damage b y mai ntai nin g a ce rtain safe\ at er sto rage leve l.
Th e winn ing co n t racto r will b e r m oving an d rep lac ing concret e in th e damaged areas and w ill also be
inspectin g and r epa irin g th \i ting drai ns. Th e Stat e Eng inee r fo r sev eral vea rs has bee n reques tin g t ha t
th e st ill in g bas111 h d rain ed he ca n inspect the d rai n. This will be done a part o i this pro je t.
Bids were recei\ ed fr o m eigh t co ntrac to rs. Bids re ce ive d are as fo ll ows :
Tec hn o log o n tra c t o rs
Randall & Blak e, Inc.
PCL Civil Co ntrac t o r
N ew D esign Cons tru c tio n Co .
MW G o ld en C o ns t ru c t io n
Train o r Const ru ct io n Co.
M o un tain W es t Cons t ru c ti o n
Colorado To tal Maintenan e
$190,Sil
$159,890
$149,46 4
$135,070
$129,9 16
$127 ,300
$122 ,900
5119,87"5
The lowes t accep table bid was rece ive d from Colo rad o To tal Maintenance in th e am oun t o t 511 ,8 ;"
W.W. Wh ee ler and Associa tes has rev iewed the bid and d ee m ed th at all specifi ca tio ns \'<e re m et \\Ith n o
except ions .
FINANCIAL IMPACT
S 160,000 was budgeted in th e 200 1 Wat er Fund Bud ge t in acco un t #09-0 1-4 32 11 .
UST OF ATTACHMENTS
Bid Tabula tion Sh ee t
Lett er tram W.W. W h ele r & As,o 1a tes
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Bid Opening for the Mclellan Reservoir Spillway Repairs
10:00 Am Wednesday November 21 ,2001
Company Bid Bond Included I Bid Amount I Exceptions I
Technology Constructors yes $190,571 none
Mountain West Construction yes $122 ,900 none
PCL Civil Constructors yes $149,464 none
MW Golden Construction yes $129 ,916 none
Randall & Blake, Inc. yes $159 ,890 none
CTM (Colorado Total Maintenance) yes $119 ,875 none
Trainor Construction Co. yes $127,300 none
New Design Construction Co., Inc . yes $135 ,070 none
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November 26 , 2001
Mr. Joseph T. Pershin , Water Production Superintendent
City of Englewood, Water Dept.
1500 West Layton Avenue
Englewood, CO 80110
Re : #1444.1
Dear Joe :
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Mclellan Reservoir Dam
Emergency Spillway Repair
As requested, we have evaluated the low bid received by Colorado Total
Maintenance , Inc . (CTM) for the emergency spillway repair project at Mclellan
Reservoir . The bid appears to be complete in accordance with the Request for Bid with
no apparent mathematical errors on the bid form. As for qualifications , CTM is current ly
on the list of qualified contractors for the State of Colorado allowing them to bid directly
with the state for projects including general sitework and concrete . We have contacted
several of the references provided by CTM and there was no indication from them that
CTM would not perform satisfactorily on this project.
We hereby recommend that the City of Englewood accept the low bid of
$119 ,875 from CTM and that CTM be contracted to perform the repairs of the
emergency spillway at Mclellan Reservoir.
Sincerely yours ,
W .W. Wheeler and Associates , Inc .
Steven M. Maly , P.E.
SMM :smm
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ORDINANCE NO.
SERIES OF 200 1
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BY . .\UTHORITY
A BILL FOR
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COUNCIL BILL NO. 8 0
I:'.',/TRODUCED BY COUNCIL
MEMBER ______ _
AN ORDINANCE AMENDING THE TAX LEVY I N ~1ILLS UPON EA CH DOLLAR
OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY \.\'!THI N THE
C ITY OF ENGLEWOOD . CO LORADO .
WHEREAS , it is the duty of t h e City Co uncil of t he City of Engle wood , Colo rado.
under t h e Englewood Hom e Rule Ch a r ter a nd Co lor ado Re ,·ised Statu t es, t o make th e
a nnual le vy for City purposes ; a nd
WHEREAS , the City Co uncil h as duly co nsi dered the estim a t e d valuation of a ll the
taxable property within the City a nd the n eeds of the City and of each of said le vi es
and h as d etermin ed that the levi es as here in afte r se t forth . a r e prop r a nd wise ; a n d
WHEREAS , the fo llow ing levies a r e pe r mitted und r Article X. Sectio n 20 of the
Colorado Constitution without a vote by the c1t1zen ; a n d
WHEREAS , the Englewood City Council e tabhsh d th 20 I ~li ll Levy by th
passage of Ordinance l\o . 62 , 2001 whic h was passed prior t o h :-.:ove mbe r 2001
Election a nd did not include the a ddition a l m11l levy requu d for d ebt se r vice on the
P a rks and Recreation bonds which was a pproved on the ballot at the :-.:ove m ber 200 l
Election :
. ow . T HEREFORE . BE IT ORDAl i ED BY THE CITY OCI\ IL F TH E c1n· OF
ENGLEWOOD . OLORADO . AS FOLLOW :
Sectjon l. That the r e be a nd hereby 1s levied for the yea r of 2001. due and payable
as r e quire d by s tatute in the year 2002. a tax of 5 . 0 imll s on the d o ll a r for the
Ge n eral Fund of the Ci t y of Englewoo d . Col or ado, a nd 1.558 mills on the d oll ar fo r t he
Co mmunity Ce nte r Bond De bt Service Fund a nd the Parks and Recreation Bond De bt
SerVJce Fund of the City of Engle wood , Co lorado.
That t h e levy h e r e in above se t forth s h a ll be le ,·ied up on each do ll a r of t h e assessed
va luation of all taxable prope rty within t h e co rpora te lim its of the City of Engl e wood,
Co lorado, a nd t h e said levy shall be ce rti fied by law .
Introduce d . r ead in full. a nd passed on fir treadin g on the :-!r d day of December ,
2001.
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D ece mber 3, 2001
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COUNCIL COMM UNICATION
Agend a Item
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Subject
Bil l Fo r An Ordinan ce Amending
Ordinan ce 6 2, Series 0 1 2001
(Establishing Th e 2 00 I ,\\ill Le,,
Coll ec t ed in 2002 )
Initiated By Staff Source
De artm en t of Finance and Admi nist rative Sen ices Frank Grv lewicz, Di rec to r
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
Ci ty Coun cil pass ed O r dinan ce 6 2, Series 1001 on tina l read in g N ove mber 5, 200 1. This o rdin,rnce \\'as
passed p rior to the ovember 6, 2001 electio n. Th e Ordinance did n o t includ e th e an addi tional mill lew
req uired for debt se n ice o n th e n e, Park s and Re r ea ti o n bonds appro, ed bv the \ o te r~ th 1 ,. a r.
C ity Co un c il passed th e b o nd o rdinan e fo r th bo nds o n fi rst rea d ing ovember 1 . 200 I . This bill ,or an
o r di nan ce was pass ed as an m erge n y to tak e ad vantage of fa vo rable ta xa tion o n issu s under S 10
million , and will be 1n eft e t upo n publi ation . Th e b o nds iss ued in 200 1 ,,di requ1r ad diti o nal debt
service pay m en ts tha t are o ll e ted fro m a mill levy tha t must be es tab lish ed in 200 I and certiiied to
Arapa h oe Cou nty by December 15, 200 1.
RECOMMENDED ACTION
Staff re commends Council appro, e this bi ll for an o rdinan ce amendin g th e 200 I cl b t sen ice 111111 lew t o
b e collect e d in 2002 .
BACl<GROUNO , ANALYSIS, ANO ALTERNATIVES IDENTIFIED
Th e Ci ty o f Eng lewood assesses p ro perty tax fo r th e general opera t io ns o f the government and for th e
C o mmunity Cen t er Debt Serv ice Fund . TA BO R restri c ts th e City from raising the m ill levy w ith o ut a vo te of
th e c itize ns. Th e o riginal mill levy was 1 .02 mills ; th e n ew mill levy w ill be 1 .558 mil ls.
FINANCIAL IMPACT
Bas ed o n th e assesse d valua tio n fo r th e Ci ty o i Englewood as ce rtiiied b th e Arap ah oe Co unty As sessnr,
th e ne t assessed va lu e o i al l pr o p erties in Engle\\'ood ior 200 1 is $41 9,653, I 50. Th e amended 200 I mill
req uired fo r th e co mbined Co mmunit Ce nter and Parks and Rec r eatio n D ebt Sen ice Fund is 1.5 5 8 mill s.
This deb t service m ill levy is es t imated to res ult in a S 7 .4 6 inc rease in taxes fo r an En glewood h o m e valu ed
at $200,000.
LIST OF ATTACHMENTS
Pr opo~ed bi ll fo r an o rdinan ce
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Published as a Bill for an Ordinance on the 71• day of December, 2001.
Beverly J. Brads haw , Mayo r
ATTEST :
Loucrishia A. Ellis, City Cle rk
I , Loucrishia A. Ellis, City Clerk of th City of Englewood , Colorado, hereby ce rtify
that the above and foregoin g I a true co py of a Bill for a n Ordinance, introduce d . rea d
in full, and passed on first reading on the 3,d day of De ce mber, 2001.
Loucrishia A. Elli s
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/Ill ii
BY ACTHORITY
ORDI:s!ANCE NO.
SERIES OF 200 l
COUNCIL BILL NO . 81
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
A BILL FOR
AN ORDINANCE AUTHORIZING THE TRA:s!SFER OF ow:-.""ERSHIP OF THE
ENGLEWOOD DEPOT BUILDING FROM THE E:s!GLEWOOD HISTORICAL
SOCIETY TO THE CITY OF ENGLEWOOD.
WHEREAS , in 1994 the Englewood Depot received status as a historic structure on
the State Register of Historic Properties; and
WHEREAS , in 1995 the Englewood Historical Society was awarded a $100 .000
grant from the Colorado State Historical Society for renovation of the roof and building
exterior; and
WHEREAS . in 1998 the City of Englewood purchased the depot and SL'( lots at
West Dartmouth and South Galapago from the Englewood Hous ing . .\uthonty ; a nd
WHEREAS, the City then sold the Depot building to the Engle wood Hi storical
Society for SiG,000 pursuant to an installment contract: a nd
WHEREAS . the Englewoo d City Council authorized. through a 2000 Cap ital Fund
appropriation, $250 .000 toward completion of the rehabilitation of the De pot ; and
WHEREAS . the Englewood Historical Society has requested that the City accept
ownership of the Depot building in exchange for relievmg the Society of its
indebtedness of $i6,000 to the City ; an~
WHEREAS , the passage of this Ordinance will terminate the indebte dness owed to
the City by the Englewood Historical Socie t y and the Ci t y will assume ownership of the
Depot;
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COt;NCIL OF THE CITY OF
ENGLEWOOD . COLORADO . AS FOLLOWS :
Sectjon ). The City Council of the City of Englewood. Colorado hereby authorizes
the transfer of ownership of the Englewood Depot building from the Englewood
Historical Society to the City of Englewood in exchange for the City's forgiving of the
Englewood Historical Society·~ indebtedness of SiG ,000.
Introduced, read in full , and pa~sed on first reading on the 3rd day of December,
2001.
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Published as a Bill for an Ordinance on the 7th day of December, 2001.
Beverly J. Bradshaw, Mayor
ATTEST :
Loucrishia A. Ellis. City Clerk
I, Loucrishia A. Ellis. City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance , introduced. read
in full, and passed on first reading on the 3rd day of December, 2001.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item
De embe r 3, 2001 1 I a 1i
INITIATED BY STAFF SOURCE
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Subject
Transfer o t th e Eng lewood Depo t
fr o m Englewood His t o r ical
Soc iety to th e Cit\ of Englewood
Ci ty Manager 's Office Micha el Flah e rty, Assistant City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1998 th e C it y acqui red the depot and six lots at West D artmouth and South Ga lapago fo r 5286,000
fro m the Engl ewoo d H o using Authority. At th e same time . the City sold bac k th e D epot stru c ture t o th e
Englewood Histori ca l Society fo r $76,000 se c ured by a pro mis ory n o te.
RECOMMENDED ACTION
Staff re commends C o uncil approva l o f a Bill fo r an Ordinance t o accep t th e tr ansfer oi owne rship o t the
D epot from the Engle woo d Histo ri cal Society in exc hange fo r fo r gi\,i n g the pro m isso ry n o te and bein g
allowed some co ntinuing presence in the depo t. Staff reco mm ends th at the req u es t ed co ntin uing
presence b e limited to hist o ri cal ph o tog raphi displ ays and/o r p e ri o dic ro tating histo ri cal ex hibi t s, which
would b e subject t o p ri o r Ci t approval.
BACKGROUND
In 19 9 4, th e Eng lewood Histo ri al ociety a quired th e Englewood D epo t from a pri\ ate O\\ ner in o rd r to
pre e nt :he demolition of this important hist o rical stru cture. The D epot was m O\ ed to its curren t loca ti o n
through a $300,000 promis ory n o t e\ ith th e Englew ood H o usi n g Auth o rit in pavment 1or the si t e. · I o
in 1994 , th e dep o t re eiv e d status as a hist o ri stru c tur e o n th e State Regis t er o f Histo ri Properties . In
1995, th e En glewood Histo ri ca l Society wa awarded a SI 00,000 grant from th e Co lo rad o tal e Hist o ri cal
So ciety fo r ren ova ti o n of the roof and the buildin g ex teri o r.
In 1998 th e Ci ty acq uire d th e d ep o t and six lo ts at West D artm o uth and So uth Galapago ior $2 86,000
fr o m th e Englewood H o usin g Authority. At th -i same tim e, th e Ci t so ld back th e D epo t stru ture t o th e
Englewood Historical Socie ty for $76,000 sec ur ed by a pro mi so r n o t e th at was to b e repa id 111 ins tallmen ts
\\Ith no interes t. H owever, th e amount o f th e installm ents and p ay m ent due dates were no t specified. To
date, n o pa yments hav e been mad e o n th e promissory note.
Ci ty Council authorized, throu gh a 2000 Capita l Fund appro priati o n, $250,000 toward co mpl e ti o n o f the
rehabilitati o n of th e Depot. Staff was instructed to work wi th the Eng lewood Hist o ri ca l So cie tv to ach1 e\ e
the rehabilitation . However, during planning for rehabilitation with the Society, th e proposed u se o i th e
Depot as a City museum was in ve stigated more thoro ughly. The Society determin ed th at th ei r
o rganizati o n did not have the financial o r human reso urces to o perate a museum and it was a lso
determined th at th e Depot was no t a suitable buildin g to serve as a museum . Council had apprO\·ed us e of
a p o rtion of th e appropriation for o rganizational ass istan ce wi th th e Histori ca l Society an d fo r lim it ed work
on the building and site . The cu rr e nt balanc e of th e fund is app roxima tely $23 0 ,000 .
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On August 21 , 2000, through City Council resolution . the Depot was gran t ed City Historica l Pr o perty
d esig nation.
Earlier this yea r, the Ci ty, in cooperation with the Engl ewood Historical Society appli ed fo r and receive d a
$10,000 "mini-grant" from th e State Histori cal Society to conduct Histo rical Structures Assess m ent, w hi ch
will b e completed by the end of Dece mber. Th e Historical Structures Assessment is a c urrent prerequisit e
pri o r to application for future State Historical f undin g.
On October 5, 2001 , Rosema ry LaPorta, President of th e Englewo o d Histo ri ca l So cie ty, fo rwa rd ed a letter
to City Council requesting, on behalf of the Board of th e So ciety, th at the City ac c ept th e transfer of
ownership of the Englewood Depot in order to reli eve th e Society of its ind ebted nees t o th e City.
FINANCIAL IMPACT
Acceptance of the Depot will cancel the $76,000 promisso ry note owed to th e Ci ty . In addition, th e City
will assume responsibility for on-going and future expenses relat ed to th e D epot , including insurance and
future improve ments .
LIST OF ATTACHMENTS
Proposed Bill fo r an Ordinance
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RESOL TION No.1!/-
SERIES OF 2001
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A RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF
ENGLEWOOD. COLORADO TO FILE AN APPLICATION WITH ARAPAHOE COUNTY
FOR A 2002 COMMUNITY DEVELOPMENT BLOCK GRANT .
WHEREAS, Englewood City Cou ncil has approved CDBG applications since 1977 and
approved the execution of an Intergovernmental Agreement with the passage of Ordmance
No. 37, Series of 1991 coveri ng the City's participation in the Arapahoe County CDBG
Entitlement Program for funding years 1992 through 199-1 : and
WHEREAS. the Englewood City Council approved pa ss age of Ordinance o. 39 . Series of
1994 , authorizing the execution of an Intergovernmental Agreement between the City of
Englewood and Arapahoe County covering participation in the Arapahoe County CDBG
Entitlement Program as extended by Amendment No . 2. for funding years 2001 through
2003 ; and
WHEREAS , the Arapahoe County Community Development Block Grant Program
provides grants to participating murucipalities to meet housing and community development
needs ; and
WHEREAS, to compete in the Arapahoe County Community Development Block Grant
Program , local governments must submit an application : and
WHEREAS , the City of Englewood has received a notice of fund availability: and
WHEREAS. the City of Englewood , Colorado desires to apply for these fund s through the
Arapahoe County 2002 Commuruty Development Block Grant to fund the Housing
Rehabilitation Program , to assist with the funding for the Family Self Sufficiency Program ,
to assist with funding for the Circulator Shuttle, and to assist with funding for the Hou se Of
Hope Family Resource Center;
NOW , THEHEFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , THAT :
Sectjon 1. The City of Englewood , Colorado is hereby authorized to file an application for
an Arapahoe Co unty 2002 Community Development Block Grant .
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Sectjon 2. The Mayor and City Clerk are authorized to s ign and attest all necessary
forms, documents, assurances and certifications for the Community Development Block
Grant for and on behalf of the City Council and the City of Englewood.
ADOPTED AND APPROVED this 3rd of December. 2001.
Beverly J . Bradshaw. Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the
above is a true copy of Resolution No._, Series of 2001.
Loucrishia A. Ellis
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COUNCIL COMMU NICATION
Date Agenda Item
December 3. 2001 11 CI
INITIATED BY : Com murnt, De,elopmen t
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
H o u s111 g and Commu nitv Development
Previous Action:
Subject : A Res olu ti o n App ro, i n g
F, 200 2 Communi tv D e, elo pm ent
Block G rant Appli ca tio n
STA FF SOU RCE : Janet G rimm ett. H o u sin g Finan
Specialis t
Ci ty Co un ci l ha s app r01ed resol uti o n s to file Commu111 tv D e,elo pment Bl ock G rant (CDBG l
app li ca tions annu all v sin e 197i. Th e Ci t\ 1anag r h as app rm ed pa rti cipa ti o n 111 th e Arap ah oe
Co unty CDBG Entitl em ent Program fo r fundin g \ ea rs 2001 th rough 2003 bv th e execu tio n o i
A m endment umber Two th at extended th e lnt erg01e rnment al Agreem nt. O rd inance #3 ,
Se ri es of 199 4, app roved b y th e Ci tv Co un ci l.
RECOMMENDED ACTION
Staff re co mm ends th at Cou ncil ap prove a resolution autho n z1 n ~ stan to appl, ior th e C1 t1 0 1
En glewoo d's p o rti o n o f fi sca l vea r 2002 Co mm l m11 1 D I elo m en t Block Gran t (CDB I iunds
and suppo rt a j o int appli cati o n b etween th e 111 and th e \'\e tern .\ra ahoe Coun t1 H a m el ss
Allia n ce (WACHA ) to appl\ fo r DBG Pool und~ to pu rchas th ei r u1lcl111g and lan d.
BACKGROUND, ANALYSIS , AND Al TERNATIVE S IDENTIFIED
Th e l.J . S. Dep t. o f H o usin g and L rban De,elo pm nt (H L D ) DB En titl eme nt Pr ogram
provides grants to urn ts of loca l ~01 rnmen t and u rban co unti es to m ee t h o u si n g and
o mmurn t} de1 elopmen t n cl . The ob1e ct11 e o f th e pro gram is to enhan ce urban commun 111 es
bv p rOI ,din g:
• decen t, sa i , ario rda b le ho usin g th ro u gh. fo r examp le. En glewood's housi n g reha 1ilt at1 o n
pro gram ;
• 11npro1 cl public se r, ices, su ch as th e H ou se o i H op e Famil y Reso urce Ce n ter an d the
proposed c1 rc.ula to r shutt le;
• econo m1 c o ppo rtun i ti es primarilv fo r low and modera te in o m e people as prm ,ded b1 th
Fa1111il elt Su ri, 1en cv pro gram ;
• prest>f\ at1on m hi sto ri c p laces lik e th e Skerritt H ouse in th e 200 1 DB program .
f Pd ral Prrn;ra m o bjecti ves are achi eve d through p roJec ts develop d b1 loca l go1 ernm en ts th at
pnmanl, ben tit IOI and m o de rate i nco m e families or that aid in pre, en t,n g o r el i1111na 1ing slum
nr bl,~ht The r ques t fo r funds m ay also include activities that meet o th er u rgent de, elop m en t
n~eds 111 co 111mun1 t1es. Lo al go ernments determine which activities be st se f\ e th e o bJe c tll es
1, th t~ prn~rJ rn .
rund, are .1 ppro pna ted annually by the Congress for the CDBG program an d are all oca ted b}
statu to ry to rrnula to each entidement area. Arapahoe County is an approved entitlem ent ar ea.
The gra n t tunds are currendy distributed on a formula basis to participating ci ti es w ithin
Ara pahoe County using each jurisdiction's poverty population based on 1990 c ensus
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iniormation. The participating jurisdi cti ons are the Cities of Englewood, Littlet o n, Sheridan .
Gle ndale, Deer Tr ail , Cen tennia l, and G reenwood V illage plus unin corp orated Arapahoe
Cou nty.
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Th e Cit of Eng lewood must submit an app li ca tion in o rder to receive funds fr o m th e Fed eral
Fi sc al Year, FY:!002 , Arapahoe County CDBG Program . Sin ce th e loca l program 1s
noncompetit ive. Cou nty staff eva lu ates the app li catio ns based o n complian ce wi th th e I ational
Objectives. The funding level fo r Englewood fo r FY:!002 is an ticipated to be S 150,000. Thi s
amou nt is one-t hird less th an in recent yea rs due to th e inclusion of the Ci ties of Cent ennial and
Greenwood Vi ll age as a participating ci ti es.
Englewood's FY2002 program con sis ts of four p oss ibl e projects that meet cu rr ent h ousi ng and
neighbo rh ood n eeds. The City of Englewood 's Co mprehensive Pl an includes goa ls and
objecti ves fo r h o usin g and co mmunity devel opmen t need .
All projects are subj ec t to additional review bv Ci t taif, Arapah oe Co unty CDBG adminis trato rs
and th e Co un ty Commiss ion ers . The li sted projects and fundin g le\ els ma v ch ange . FY200 2
CDBG funds are being reques ted fo r th e following proje cts:
1) 540,000 fo r th e H ousi n g Rehabili tation Pr ojec t th at provides lo ans to low-in com e
homeowners to fi n ance th e cos ts of maj o r ho us ho ld repai rs and improvemen ts;
2 ) S 10,000 fo r th e Englewood Housing A.uth o nt,' Fami l\ Seli-S uffi cien cv Pr oj ec t tha t
provides comprehen sive ca se m an a ' m ent and sup po rt se r\ ices to parti cipants to
b ecome se lf suffi cie nt within fi\ e ea rs;
3 ) $50,000 for th e ci rc ulat or shuttle th at\\ 111 prO\ 1de tran sp o rtati o n se rv i ces fr o m th e
Englewood light rail stati o n to th e $\, edish Craig H os pital areas ;
4 ) 5 50,000 to suppo rt staffin g needs o f th e es tern A.rapah o Cou nty H omeless
A lli ance 's (WACH A) House of H ope Fam il Re o ur e Cen ter.
A seco nd so urce of CDBG funds is available for proJ c ts e n in g I\\ o o r mo re ju risdi cti o ns . This
so urc e of funds is known as th e CDBG "p ool " funds . Ea ch of th e eight Juri sdi cti o n s co ntribu tes
10% of i ts CDBG all oca ti on to fund th e "pool ". An Ad\ is o rv Co mmittee consis tin g of
represen tati ves from each jurisdicti o n evalua tes appli ati o n mad e 10 th e Pool Fund . Th e FY
2002 funding level for th e Pool is es timated to be S 150 ,000 .
An add ition al appli ca ti o n w ill b e m ade joi ntly b WACHA and th e Cit\ of Eng lewood to th e
Addsory Committ ee fo r 595 ,000 of CD BG Pool funds to a sis t wi th th e purch ase of th e buildin g
at 33 01 S. G ran t Street fr o m Arapahoe H o u se to p ermanentl y sec ure a faci lity for th e H o us e of
H o pe Fami ly Resource Cen ter. This app li ca ti o n is sepa rat e and o utside of th e Ci ty 's all oca ti on
of FY2002 fund s .
FINANCIAL IMPACT
Existing Communi ty Develo pment staff ad m inist ers th e pro p osed projects. Staff sa lari es and
benefi ts repr ese nt th e City's participation in th e proje ts. Englewoo d b ud ge ts approxima tely
SS .000 of CDBG fu ndin g to offset sa lari es and benefi ts.
LIST OF ATTACHMENTS
Proposed Reso luti o n
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, DECEMBER 3, 2001
i:30 P.M.
Engle, ood Cr\ re Ce nter· n uncil Chambers
I 000 Emile\\ood Parkwa,
Englewood. 0 801 I 0
1. Call to o rder ~ 1 j LJ
, Im oca tl o n
3 . Pl edge 0 1 ll eg ,am.e.
-1 . Roll Call b -I ~, '
\mutt'
a. Minute 1mm tlw me t111g 0 1 Regul.ir ( 11, Counul \.\t•etrng rn '-.o, E'mlw r I 2001
Sd1edul ed \ ,,nors 1Ple .1, limr \Our prt"•t·nt,1tru11 to IPn 111111utP,.)
ns ched uled i~rt o rs 1Pl e.1s hrnrt o ur pres,•nt,1t1on to ,, "minute,.)
'i u~
8. 0 111mu111 c at1 ons, Prodamatron Jlld App,J111tmen1,
a .
b .
c.
2002 Engl e\, ood C1le11dar prc•,e11t ,1t 1on h onoring tlw stud,•n t ar1,q, ., h o,e \\ orh. ,, '"
c h ose n to be in cluded 111 th cal nd.ir
A pro lamatr o n honoring Engle " ood r srd Pn t \ e 1.1 r r.rn h. ,11 lw m c .1,1011 0 1 lwr llO ..
brrthda .
Sa1e ty Ser\ i es Dire t hris Ols o n \ rll add ress . rt, Co un u l regarding LrPU l l-'nil nt
By ron Wicks, Se r gea nt ; er ge ant Ga ry o ndrt>,:n . and Prgeant lohn
Knoth, who recentl, completed a 10-week cours e at th e c hool 0 1 Po irLP Stait and
Command at orthwestern University's Center tor Publi a1et\
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PINse note: If you hawe a lllallilly MIi 111N Alllilla,y aicll or semces, please notify the City of Englewood
(303-762-2405) al .... 41 ..... in advance of when services a~ needed. Thank you .
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En glewood Citv Coun cil Ag end a
D ece mb er 3, 200 I
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9 . Publi c H earing (None sc heduled )
10 . Consent Agenda.
Approva l of O rdinanc es o n First Readi n g. 7
Approva l o f Ordinance s on Seco nd Rea din g.
i. Council Bill No. 74 . approving an Int erg ove rnm en ta l Agree m en t w ith th e
Colorado D epa rtment of Loca l Affai rs a cep tin g grant funding fo r a Sma rt
Growth Housing Stud y.
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Council Bill No. 75, approving a ne w Corp o rat e Ci t ea l.
Council Bill No. 76, approvin g a Citv D 1t h License Agree m ent fo r 5200 S.
Prescott.
w11~ iv.
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Council Bill N o. 7i , au tho r1z1n ~ accep tan ce 0 1 a ic t,m Assis tance Law
Enforcem e nt Grant.
Coun c il Bill o. 78 , au tho rmng the 1s uan 0 1 b nd for Park s and Re c rea ti o n
projects.
Council Bill No. 79 , apprO\ 1n g an Int rgO\ ernm ental A gree ment with U rb a n
Drainag e and Fl ood Cont ro l District tor Big Orv C ree k Improvem ents at All e n
Wat e r Treatment Pl ant.
c. Reso luti ons and Motions .
i. Re commendatio n from th e L1brarv D epa rtm ent and lnt ormallon Tec hnology
Departme nt to approve, by motion, a contra c t w ith Epixt ech , In c. to upgrade th e
Library's Co mputer System . STAFF SOURCES: Hank Long. Director of Library
Services and Don Ingle, Director of Information Jechnology.
ii . Recommendati o n from th e U tiliti es D epartm ent to award, by motion, a co ntrac t
for rep ai r of th e emergency spillway o n th e M c l ell an Reservo ir Dam. STAFF
SOURCE: Stewart H. Fonda, Director of Utilities .
11 . Reg ular Agenda .
a. Approval o f Ordinances o n First Read in g.
i . 80 -Recomm enda ti on from th e D ep artm ent Fina nce and
Please note: If you h.ive a disability and need auxiliary aids or services. please notify the City of Englewood
(303-762-2405) al least 48 hours in advance of when services are needed. Thank you .
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Englewood City Co un cil Agenda
D ece mb er 3, 200 1
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ii. Council Bill No. 81-Re com mendati o n fr om th e City Manager's Offi ce to
consider a bill fo r an ordina e requested by the Englewoo d His t o ri ca l Society
transferring own o e n wood D epo t t o th e City of Englewood .
STAFF SOUR : Michael Flahe , Assistant City Manager.
Approva l of Ordinanc es on Second Rea din g./
Resolutions and Motions.
12 . General Discussi o n.
a. May or's Ch oice.
b . Council Members' Cho ice.
13. City Manager's Report.
14. City Attorney's Report.
Adjournment.
The following minutes were transmitted to City Council between ovember 16 -:.!9 , :.!001 :
Englewood Urban Renewal Authority mee tin g of August 8, :.!00 1
Englewood Plannin g and Zoning Commission m ee tin g of O ct o b er 16, 200 1
Pleaff note: If you have a disability and need auxiliary aids or servicH, pleaR notify the City of Englewood
(303-762-2405) at least 48 houn in advance of when RrvicH are needed. Thank you .
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