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Home My WebLink About2021-11-01 (Special/Regular) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Teleconferenced Englewood, CO 80110 AGENDA Hybrid City Council Special/Regular Meeting Monday, November 1, 2021 ♦ 6:00 PM Council Dinner will be available at 5:30 p.m. This City Council Special/Regular meeting will be a hybrid meeting. City Council, staff, and the public are welcome to attend the meeting either in person or virtually. To view the meeting, please follow this link to our YouTube live stream link: https://www.youtube.com/watch?v=l02L8lvdUw0 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Study Session Topic a. Director of Community Development Brad Power, Planning Manager Wade Burkholder, and Senior Planner Brook Bell will be present to discuss an update on Title 16 Amendments and the work of the UDC Steering Committee. Information Presentation: 15 minutes Discussion: 30 minutes 4a 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of October 18, 2021. 5a 6. Appointments, Communications, Proclamations, and Recognition a. Introduction of Assistant City Attorney Kaitlin Parker. 7. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes. Written materials for presentation to Council may be submitted to the City Clerk. a. Joseph DeSimone, an Englewood resident, will address Council regarding zip codes and taxes. Page 1 of 402 Englewood Hybrid City Council Special/Regular Agenda November 1, 2021 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. b. Steven Kelly, an Englewood resident, will address Council regarding off-leash dog park data. 8. Recognition of Unscheduled Public Comment If you would like to sign-up to speak for public comment at the upcoming City Council meeting on Monday, November 1st, please visit https://englewoodco.zoom.us/webinar/register/WN_LDvaqTuyRMqgjlrKJoCnqQ and register, or plan to attend the meeting in person at 1000 Englewood Pkwy, Second Floor Community room. If registering to speak virtually, you will receive a unique and personalized invitation by email to join the meeting. Every speaker who wants to register should sign-up with their own email address. If you do not have an email address or if you have any questions regarding this process, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303- 762-2430. Citizens may also submit written public comments to the City Clerk's Office at CityClerk@englewoodco.gov until 12 p.m.Tuesday, November 2nd. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to 3 minutes. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading. i. CB 49 - Establishing park rules and regulations regarding off-leash dog privileges. 9bi Staff recommends City Council approve an Ordinance establishing park rules and regulations regarding off-leash dog privileges. Staff: Director of Parks, Recreation, Library and Golf Christina Underhill ii. CB 50 - Proposed rate increase for the Stormwater Utility Fund 9bii Staff recommends City Council approve an Ordinance approving a rate increase for the Stormwater Utility Fund. Staff: Director of Public Works Maria D'Andrea iii. CB 51 - 2022 Sewer Utility Rates Ordinance 9biii Page 2 of 402 Englewood Hybrid City Council Special/Regular Agenda November 1, 2021 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Staff recommends City Council approve an Ordinance or the 2022 Sewer Utility Rates. Staff: Utilities and South Platte Renew Director Pieter Van Ry, and Utilities Deputy Director of Business Solutions Sarah Stone iv. CB 52 - 2022 Sewer Utility Fees Ordinance 9biv Staff recommends City Council approve an Ordinance for the 2022 Sewer Utility Fees. Staff: Utilities and South Platte Renew Director Pieter Van Ry, and Utilities Deputy Director of Business Solutions Sarah Stone c. Resolutions and Motions i. Annual contract with AEC-West 9ci Staff recommends City Council approve, by Motion, the annual contract with AEC-West for building plan review and inspection services in the amount of $130,000. Staff: Chief Building Official Karen Montanez ii. Contract extension between AllHealth Network and the City of Englewood 9cii Staff recommends City Council approve, by Motion, an annual contract extension with All Health Network for mental health co-responder and case manager coverage in the amount of $262,707.00. Staff: Deputy Chief Vance Fender iii. Removal of Englewood Housing Authority Alternate Member 9ciii Staff recommends City Council approve, by Motion, the removal of Englewood Housing Authority Alternate Member Ogonosky from the committee due to lack of attendance. Staff: Deputy City Clerk Jackie McKinnon iv. Change Order with TK Elevator for RTD Elevator Modernization 9civ Staff recommends City Council approve, by Motion, a change order with TK Elevator for RTD Elevator modernization in the amount of $60,004. Staff: Facilities Project Manager John Donakowski v. Update on the City of Englewood 2020-2022 Strategic Plan progress, as well as accepting recommended revisions to the plan. 9cv Staff recommends City Council approve, by Motion, the Quarter 3 2021 Strategic Plan Performance Report (Dashboard) and accept modifications to the Strategic Plan recommended by staff. Staff: Assistant Manager Tim Dodd vi. Resolution for the 2022 Fee and Rate Schedule 9cvi Staff recommends City Council approve a Resolution for the City of Englewood 2022 Fee and Rate Schedule. Staff: Director of Finance Jackie Loh Page 3 of 402 Englewood Hybrid City Council Special/Regular Agenda November 1, 2021 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Memorandum of Understanding regarding the Settlement of Opioid Litigation 11ci Staff recommends City Council approve a Resolution approving a Memorandum of Understanding regarding the Settlement of Opioid Litigation. Staff: City Attorney Tamara Niles ii. Economic Partnership Agreement between the City of Englewood and Englewood Chamber of Commerce 11cii Staff recommends City Council approve a Resolution for an agreement between the Englewood Chamber of Commerce and the City of Englewood for an Economic Partnership agreement in the amount of $20,000 annually. Staff: Director of Community Development Brad Power, Economic Manager Darren Hollingsworth, and Executive Director of the Greater Englewood Chamber of Commerce David Carroll iii. Contract for Custodial Services in City Facilities 11ciii Staff recommends that the City Council approve, by Motion, a contract with Regal Facility Management to provide custodial services in city facilities in the amount of $448,788.00. Staff: Director of Public Works Maria D'Andrea, Deputy Director - Operations & Maintenance Chris Edelstein, and Building Services Supervisor Jeff Wenda 12. General Discussion a. Mayor's Choice b. Council Members' Choice i. Proposed Historic Preservation Ordinance Discussion 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 4 of 402 STUDY SESSION TO: Mayor and Council FROM: Wade Burkholder DEPARTMENT: Community Development DATE: November 1, 2021 SUBJECT: CodeNext Update DESCRIPTION: Update on CodeNext and the work of the steering committee. RECOMMENDATION: Wade Burkholder, Planning Manager and Chris Brewster, Project Manager from Gould Evans, will be present to update city council on CodeNext. PREVIOUS COUNCIL ACTION: March 22, 2021: Presentation of the final UDC Assessment Report and consensus to move forward with the request for proposals and establishment of a steering committee for the redrafting process. May 10, 2021: City council interviewed 14 residents for possible appointment to the steering committee. May 17, 2021: City council appointed five members from the community to the steering committee, completing the steering committee formation. July 19, 2021: Professional Services Agreement executed by city council with Gould Evans. SUMMARY: Six meetings of the CodeNext steering committee have occurred to date. The group has discussed parking, walkability and street design thus far in meetings. The steering committee also discussed affordable housing strategies in anticipation of filing the Innovative Housing Strategies Planning Grant that was submitted on October 13, 2021 to the Department of Local Affairs. The committee’s initial focus will be to discuss the five high priority topics from the UDC Community Assessment Report to establish guiding principles to better understand the specific issues within each priority area prior to proceeding into the drafting of actual code language in the first quarter of 2022. The five topics include: Residential Dimensional & Design Standards, Neighborhood Character, Housing Attainability, Parking & Walkability, and Sustainability/Green Infrastructure. Green Infrastructure and Sustainability will be discussed in November followed by Neighborhood Characteristics in December. The committee meetings take place the first/third Tuesdays and are recorded and posted on the Englewood Engaged website the following day. Page 5 of 402 ANALYSIS: CONCLUSION: The project team will provide CodeNext quarterly updates at city council sessions. Additional updates will be provided monthly in the City Manager's Friday Report. FINANCIAL IMPLICATIONS: The 2021 Community Development professional services budget includes $200,000 for CodeNext. CONNECTION TO STRATEGIC PLAN: CodeNext addresses the following Strategic Plan Goals: Neighborhoods Ensure affordability; Ensure walkability; and Encourage diversity of people and architecture. Transportation Develop integrated mobility systems such as bike and pedestrian routes and trails through partnerships with surrounding communities. Sustainability Move toward a green energy grid with steps toward energy independence. Local Economy Redevelop and densify CityCenter; Ensure Englewood's development process is equivalent to or better than neighboring communities; Ensure commercial areas, like neighborhoods, have unique character and pedestrian amenities for employees and visitors; Assess development codes bi-annually and modify as needed. OUTREACH/COMMUNICATIONS: All project information and materials can be found on the CodeNext webpage on the Englewood Engaged platform. Furthermore, the project team is developing a community outreach strategy and is awaiting the decision by DOLA on the city's Housing Strategies Grant funding before finalizing this approach. ATTACHMENTS: PowerPoint Page 6 of 402 City Council November 1, 2021 Quarterly Update Page 7 of 402 ▪Team Introduction ▪GE Approach ▪Project Overview ▪Engagement Issues / Status ▪Discussion AGENDAPage 8 of 402 PHILOSOPHY ▪logical framework and structure ▪plain language ▪graphics and tables ▪purpose and intent statements ▪flexibility with criteria ▪standards –context, scale & form ▪Implement the Plan & Policies! APPROACHPage 9 of 402 STREETSCAPES FRONTAGES BUILDING SCALE & MASS BUILDING DESIGN & USES APPROACH REGULATING FORM & TYPE Page 10 of 402 Conventional Approach: A Collection of Regulations Regulation Application Purpose Design Based Approach: A System of How We Build, and Why Intent Design Objective Standards Decision Criteria Alternative Context Exception VariancePlan / Policy VariancePlan / Policy APPROACH FLEXIBILITY + CERTAINTY Page 11 of 402 OBJECTIVES ▪modernize / user-friendly process ▪efficient / flexible review ▪facilitate redevelopment, reinvestment, and infill ▪alternative compliance based on context ▪housing best practices ▪increase walkability / sustainability ▪facilitate public meetings PROJECT OVERVIEWPage 12 of 402 Stakeholders Focus Groups Constituency Leaders Design / Development Professionals Key Staff Consultants Elected / Appointed Officials Affected Departments Technical Experts / Specialist Other Frequent Code Users Formal Review / Adoption Joint Work Session Periodic Updates Bi-monthly Meetings Public Events Focus Groups / Workshops Ad hoc meetings (monthly) Special Topic Reviews Key Issue (internal) Workshops Weekly Meetings / Conferences Strategic Sessions Concepts and Approaches Review Drafts Mayor & City Council Planning Commission Steering Committee Project Team Technical Committee Page 13 of 402 PROJECT OVERVIEW SCHEDULE Page 14 of 402 ENGAGEMENT Steering Committee Discussion Sessions Kick-off Meeting Walkability -Parking Walkability –Street Design ❑Sustainability ❑Neighborhoods –Character ❑Neighborhoods –Housing Options ❑Neighborhoods –Attainability ❑Broader Community Engagement Activates Sept. 8 Sept. 22 & Oct. 5 Oct. 19 Nov. 2 Nov. / Dec. (tbd) Dec. (tbd) Dec. / Jan. (tbd) Jan. –June Page 15 of 402 OTHER EVENTS ▪Englewood Engaged website (ongoing) ▪quarterly council updates (ongoing) ▪focus group & stakeholder interviews (Jan. –June) ▪public open houses •introduction –critical issues & best practices (TBD) •practical application –case studies & tactical applications (TBD) •initial code recommendations (May/June) ▪work sessions (PC & CC) –recommended draft ▪other outside events (opportunistic / ongoing) ▪public hearings –adoption draft ENGAGEMENTPage 16 of 402 Discussion Page 17 of 402 MINUTES Hybrid City Council Special/Regular Meeting Monday, October 18, 2021 1000 Englewood Parkway - 2nd Floor Community Room 6:00 PM 1 Call to Order The Special/Regular meeting of the Englewood City Council was called to order by Mayor Olson at 6:00 p.m. 2 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Olson 3 Study Session Topic a) Assistant City Manager Tim Dodd and Ariana Flores, Senior Equity Consultant with the Equity Project, were present to discuss the purpose, background, development, and initial implementation of the City of Englewood Diversity, Equity, and Inclusion Plan. 4 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Othoniel Sierra Council Member Joe Anderson Council Member Dave Cuesta Council Member Rita Russell Council Member Steven Ward Council Member Cheryl Wink COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney Niles Assistant City Manager Dodd Deputy City Clerk McKinnon Deputy City Clerk Truescott Reed Director of Finance Loh Director of Community Development Power Director of Public Works D'Andrea Director of Parks, Recreation, Library, and Golf Underhill Page 1 of 11 Draft Page 18 of 402 Hybrid City Council Special/Regular October 18, 2021 Deputy Director-Engineering & Asset Management Hoos, Public Works Deputy Director of Business Solutions Stone, Utilities Planning Manager Burkholder, Community Development Project Manager Donakowski, Public Works Budget Administrator Nolan, Finance Senior Planner Bell, Community Development Senior Planner Voboril, Community Development Stormwater Program Manager Evenson, Public Works Planner II Charles, Community Development Planner II Sampson, Community Development Capital Project Engineer Keener, Public Works Department Administrator Fenton, Community Development Network Administrator Hunnicutt, Information Technology Officer Hume, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Hybrid City Council Special/Regular Meeting of October 4, 2021. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson APPROVAL OF THE MINUTES OF THE SPECIAL/REGULAR CITY COUNCIL MEETING OF OCTOBER 4, 2021. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Steven Ward x Cheryl Wink x 7 0 0 Motion CARRIED. b) Minutes of the Hybrid Special City Council Meeting of October 11, 2021. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson APPROVAL OF THE MINUTES OF THE SPECIAL/REGULAR CITY COUNCIL MEETING OF OCTOBER 11, 2021. For Against Abstained Page 2 of 11 Draft Page 19 of 402 Hybrid City Council Special/Regular October 18, 2021 Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Steven Ward x Cheryl Wink x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Will Charles and Erik Sampson were recognized for passing the American Institute Certified Planner (AICP) certification exam. b) Proclamation recognizing October as Community Planning Month. Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink A Proclamation Declaring October as Community Planning Month. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson x Dave Cuesta x Rita Russell x Steven Ward x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. The meeting recessed at 7:01 p.m. for a break. The meeting reconvened at 7:07 p.m. with all Council Members present. 7 Recognition of Scheduled Public Comment a) Ed Kahn, an Englewood resident, addressed Council regarding utilities/easements. b) Doug Cohn, an Englewood resident, addressed Council regarding innovation in Englewood. Page 3 of 11 Draft Page 20 of 402 Hybrid City Council Special/Regular October 18, 2021 c) Steven Kelly, an Englewood resident, addressed Council regarding the recognition of indigenous people in the City of Englewood and off-leash dog parks. d) Laura MacKenzie, an Englewood resident, addressed Council regarding winter off-leash dog parks. 8 Recognition of Unscheduled Public Comment There were no citizens signed up for unscheduled public comment Council Member Ward responded to Public Comment. 9 Consent Agenda Items Moved by Council Member Sierra seconded by Council Member Anderson to approve Consent Agenda Agenda Items 9(b)(i-vi) and 9(c)(i) a) Approval of Ordinances on First Reading There were no additional Ordinances on First Reading. (See Agenda Item 11 (a)(i)-(iv).) b) Approval of Ordinances on Second Reading. i) CB 40 - The City of Englewood and the Mile High Flood District seek to match funds in order to update a flood study along Little Dry Creek in Englewood. ORDINANCE NO. 44, SERIES OF 2021 (COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER WARD) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING FOR AND FLOOD HAZARD AREA DELINEATION FOR LITTLE DRY CREEK BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. ii) CB 45 - Approve 2022 Budget Ordinance-City of Englewood Budget ORDINANCE NO. 45, SERIES OF 2021 (COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER SIERRA) AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2022. Page 4 of 11 Draft Page 21 of 402 Hybrid City Council Special/Regular October 18, 2021 iii) CB 44 - Approve 2022 Budget Ordinance-City of Englewood Appropriation ORDINANCE NO. 46, SERIES OF 2021 (COUNCIL BILL NO. 44, INTRODUCED BY COUNCIL MEMBER SIERRA) AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2022, AND ENDING DECEMBER 31, 2022, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2022. iv) CB 48 - Approve 2022 Budget Ordinance-City of Englewood Property Tax Mill Levies ORDINANCE NO. 47, SERIES OF 2021 (COUNCIL BILL NO. 48, INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. v) CB 46 - Approve 2022 Budget Ordinance-South Platte Renew (SPR) Budget ORDINANCE NO. 48, SERIES OF 2021 (COUNCIL BILL NO. 46, INTRODUCED BY COUNCIL MEMBER SIERRA) AN ORDINANCE ADOPTING THE BUDGET FOR THE SOUTH PLATTE RENEW FOR FISCAL YEAR 2022. vi) CB 47 - Approve 2022 Budget Ordinance-South Platte Renew (SPR) Appropriation ORDINANCE NO. 49, SERIES OF 2021 (COUNCIL BILL NO. 47, INTRODUCED BY COUNCIL MEMBER SIERRA) AN ORDINANCE APPROPRIATING MONIES FOR THE SOUTH PLATTE RENEW PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2022, AND ENDING DECEMBER 31, 2022, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2022. c) Resolutions and Motions i) Consideration of contract to install bike lanes and re-mark various crosswalks. Page 5 of 11 Draft Page 22 of 402 Hybrid City Council Special/Regular October 18, 2021 Approval of a contract with RoadSafe Traffic Systems, Inc. for the Windermere Street Bike Lanes and Citywide Crosswalk Markings Project in the amount of $208,174.50. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson Approval of Consent Agenda Items 9(b)(i-vi) and 9(c)(i) For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Steven Ward x Cheryl Wink x 7 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 49 - Establishing park rules and regulations regarding off-leash dog privileges. Moved by Council Member Steven Ward Seconded by Council Member Cheryl Wink Amendment to modify the off-leash dog park hours to 6 a.m. to 11 p.m. from November 1 to February 28 in Jason Park, Duncan Park, and Northwest Greenbelt. For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson x Dave Cuesta x Rita Russell x Steven Ward (Moved By) x Page 6 of 11 Draft Page 23 of 402 Hybrid City Council Special/Regular October 18, 2021 Cheryl Wink (Seconded By) x 4 3 0 Motion CARRIED. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER SIERRA A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, ARTICLE A, SECTION 7-1A-3 OF ENGLEWOOD MUNICIPAL CODE AUTHORIZING OFF-LEASH DOG PRIVILEGES AT CERTAIN LOCATIONS DURING ESTABLISHED HOURS AS AMENDED. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Steven Ward x Cheryl Wink x 7 0 0 Motion CARRIED. ii) CB 50 - Proposed rate increase for the Stormwater Utility Fund Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 50, INTRODUCED BY COUNCIL MEMBER SIERRA A BILL FOR AN ORDINANCE ESTABLISHING STORM WATER UTILITY AND ENTERPRISE FUND USER FEES IN ACCORDANCE WITH TITLE 12, CHAPTER 5, SECTION 4, SUBSECTION E, OF THE ENGLEWOOD MUNICIPAL CODE 2000. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson x Dave Cuesta x Rita Russell x Steven Ward x Page 7 of 11 Draft Page 24 of 402 Hybrid City Council Special/Regular October 18, 2021 Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. iii) CB 51 - 2022 Sewer Utility Rates Ordinance Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson COUNCIL BILL NO. 51, INTRODUCED BY COUNCIL MEMBER SIERRA A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 3, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE, AND ESTABLISHING WASTEWATER (SANITARY SEWER) RATES IN ACCORDANCE THEREWITH. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Steven Ward x Cheryl Wink x 7 0 0 Motion CARRIED. iv) CB 52 - 2022 Sewer Utility Fees Ordinance Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson COUNCIL BILL NO. 52, INTRODUCED BY COUNCIL MEMBER SIERRA A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 8 OF THE ENGLEWOOD MUNICIPAL CODE 2000 REGARDING WASTEWATER (SANITARY SEWER) CONNECTION AND COLLECTION FEES. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Page 8 of 11 Draft Page 25 of 402 Hybrid City Council Special/Regular October 18, 2021 Steven Ward x Cheryl Wink x 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading i) CB 42 - ZON2021-001 Fifield Englewood Station Planned Unit Development at 1070 W Hampden Avenue. Moved by Council Member Joe Anderson Seconded by Council Member Othoniel Sierra ORDINANCE NO. 50, SERIES OF 2021 (COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER WARD) For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Joe Anderson (Moved By) x Dave Cuesta x Rita Russell x Steven Ward x Cheryl Wink x 7 0 0 Motion CARRIED. c) Resolutions and Motions i) Resolution authorizing submittal of a grant application in the amount of $500,000 to the Bureau of Reclamation for funding of flat rate to metered water service conversion. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson RESOLUTION NO. 37, SERIES OF 2021 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE AN APPLICATION WITH THE UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF RECLAMATION, FOR WATERSMART GRANT FUNDS For Against Abstained Page 9 of 11 Draft Page 26 of 402 Hybrid City Council Special/Regular October 18, 2021 Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Steven Ward x Cheryl Wink x 7 0 0 Motion CARRIED. ii) Extend the Contract with TerraCare Associates, LLC for Englewood Environmental Foundation (EEF) Landscaping and Ground Maintenance Services Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson Approval of a contract with TerraCare Associates, LLC for landscaping and ground maintenance services in the amount of $250,000. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Steven Ward x Cheryl Wink x 7 0 0 Motion CARRIED. iii) Approve a change order with employment law outside counsel Range Law to increase the dollar amount on purchase order 2021-000001w22. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson Approval of a change order with Range Law for employment law outside counseling the amount of $20,000. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Page 10 of 11 Draft Page 27 of 402 Hybrid City Council Special/Regular October 18, 2021 Rita Russell x Steven Ward x Cheryl Wink x 7 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 Adjournment Roll call was taken to adjourn the meeting - Seven Ayes. The meeting adjourned at 9:05 p.m. City Clerk Page 11 of 11 Draft Page 28 of 402 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Christina Underhill DEPARTMENT: Parks, Recreation & Library DATE: November 1, 2021 SUBJECT: CB 49 - Park Rules and Regulations Regarding Off-Leash Dog Privileges DESCRIPTION: CB 49 - Establishing park rules and regulations regarding off-leash dog privileges. RECOMMENDATION: Staff recommends a motion to approve the Ordinance establishing park rules and regulations regarding off-leash dog privileges. PREVIOUS COUNCIL ACTION: 2001 • City Council approved Council Bill No.36, Ordinance No. 3, Series of 2001 an Ordinance amending the Title 7, Chapter 1A of the Englewood Municipal Code 2000, pertaining to dogs and cats. This Bill made it unlawful for a dog to be off-leash running at large. 2002 • City Council approved Resolution No. 4, Series of 2002 establishing a Pilot Park Program for off-leash dogs. • On December 30, 2002, staff recommended the pilot program be retained on a permanent basis for the 5 off-leash parks (Jason, Northwest, Bates Logan Duncan, Centennial). 2003 • Off-leash privileges revoked by City Council for Bates Logan Park. 2004 • A presentation regarding unsatisfactory turf conditions related to off-leash at Jason Park was presented to council by the Director of Parks and Recreation. 2009 • July 14-- After numerous complaints from residents regarding off leash at Jason Park, staff presented possible solutions for off-leash at Jason Park. o Designated times and days o Limit to defined areas of the park o Remove Jason as an off-leash area o Eliminate all off-leash areas and keep Canine Corral as the only off-leash park. o Add natural barriers or fencing o Construct another off formal dog park • October 5—A public hearing was held to discuss the designated off-leash hours and potential off-leash changes. Page 29 of 402 • October 19—City Council approved the following off-leash hours for Jason, Centennial, Duncan, and the Northwest Greenbelt parks to be effective January 1, 2010. Specifically: March 1 through October 31 — off-leash hours from 6:00 to 11:00 am and 6:00 to 11:00 pm; and November 1 through February 28 or 29 — 100% off-leash hours (no restriction on off-leash hours). 2018 • The Off-Leash Dog Sub Committee was formed out of the Parks and Recreation Commission in October 2018 as a result of increased complaints from Englewood residents about the off-leash dog park program. The Sub Committee met with three stakeholder groups from November 2018 to April 2019, including Englewood Code Enforcement, Englewood Unleashed and Pirate Youth Sports. 2020 • March 30--Staff presents council with the current off-leash program and the public education efforts and enforcement of off-leash dog rules. Council asks Parks & Recreation Board for recommendation regarding the off-leash program. • June 22--City Council directs staff to postpone further discussion on the recommendations until Council can meet in person. • July 6--City Council asks staff to bring the Board recommendations before Council at the next available date. • July 20 -- The Parks and Recreation Commission Subcommittee presented their recommendations to City Council for the off-leash program. • At the July 20, 2020 Council meeting Council requested new recommendations for the off-leash program in addition to the Parks and Recreation Commission’s recommendations. A task force was established and a mediator was contracted to oversee the meetings. • December 14-- after the Off-Leash Task Force convened five times the recommendation was made to Council to produce a POLCO survey to find out how the residents felt about the off-leash program and potential recommendations the Off-Leash Task Force had discussed. 2021 • April 26, 2021 POLCO presented the dog park survey results. At this meeting Council recommended the Off-Leash Task Force meet one more time to discuss the survey results and possible recommendations for the off-leash program. • August 23, 2021 Parks and Recreation staff along with the Parks and Recreation Commission Subcommittee presented off-leash data and the subcommittee recommendations for the off-leash program. The three options provided were: Option 1: Accept the recommendations of the Parks and Recreation Commission. Option 2: Council reviews each off-leash park and proposed off-leash park to determine if it should be off-leash and if it should be fenced. Option 3: Make no changes to the off-leash program. • September 13, 2021 City Council reviewed each recommendation of the Off-Leash Task Force and the Parks & Recreation Advisory Board. Council gave staff specific direction on a park-by-park basis which formed the basis of the attached resolution. Page 30 of 402 SUMMARY: OFF-LEASH AREAS: 1. Jason: off-leash (Fence north of the playground, use of temporary fence for multi- use field, on-leash only south end of the park where amenities (playground, basketball court, picnic shelter) are located) 2. Duncan: off-leash (Fence separating areas, north side of the fence is off-leash, southside of the fence is on-leash) 3. Northwest Greenbelt: remain off-leash: no fencing 4. Canine Corral: remain off-leash: improve ground cover at Canine Corral - hours are 6 a.m. to 11p.m. ON-LEASH PARKS: All other parks in the City shall require all pets to be leashed unless specifically designated otherwise by City Council, including: • Centennial (no off-leash) • Cushing (no off-leash) • Emerson (no off-leash) Off-Leash Hours: The hours of 6 a.m. to 11 a.m., and 6 p.m. to 11 p.m. (with evening hours expanded to 4 p.m. to 11 p.m. from November 1 through February 28). Review period – 1 year. Review off-leash program with City Council in January of 2023. ANALYSIS: Off-leash dogs have been a debated topic for the last 20 years in Englewood. On March 30, 2020 staff presented information regarding the off-leash program to Council. Staff’s presentation was in response to a number of residents requesting Emerson Park to become part of the off- leash dog program along with numerous complaints regarding enforcement of the off-leash program. Council gave direction for staff to take this topic back to the Parks and Recreation Commission to find solutions for the off-leash program. Some of the responses from Council at the March 30th meeting included adding a licensing program, adding Emerson Park as an off- leash park and adding a park on the north side of the City (Cushing) in addition to continuing the “Take the Lead” off-leash educational campaign. The Parks and Recreation Commission made the determination to reinstate the 2018-2019 Off- Leash Dog Subcommittee. The 2020 Off-Leash Subcommittee consisted of 3 Parks and Recreation Board Members: Mark Husbands, Kate Truesdale and Stephen Young and a staff liaison Dave Lee, Open Space Manager. On May 26, 2020 the Off-Leash Subcommittee met to review and discuss findings from stakeholder meetings and determine a recommendation to resolve the off-leash dog program issues. On June 11, 2020 the Sub Committee presented its recommendations to the Parks and Recreation Commission to modify the off-leash program. The Commission unanimously approved the recommendations. On July 20, 2020 the Sub Committee presented the following recommendations to City Council: • Off-leash dog privileges would be eliminated at Centennial, Jason and Duncan Parks. • The Northwest Greenbelt will remain an off-leash dog park, and proposed Emerson Park would transition to an off-leash dog park. • The Parks & Recreation Department would develop a comprehensive plan and secure funding for a new enclosed off-leash dog park at Cushing Park Page 31 of 402 • The Parks & Recreation Department would continue the “Take the Lead” campaign and create content around the off-leash dog park changes. • The Parks & Recreation Department would create new opportunities for Englewood residents to socialize. At the July 20, 2020 Council meeting Council requested new recommendations for the off-leash program in addition to the Parks and Recreation Commission recommendations. A task force was established and a mediator was contracted to oversee the meetings. • OFF-LEASH TASK FORCE meeting dates: o September 22,2020 o October 6, 2020 o October 20, 2020 o October 29, 2020 o December 1, 2020 • Task Force Members: o Mark Husbands, Parks & Recreation Commission o Kate Truesdale, Parks & Recreation Commission o Monica Johnson, Parks and Recreation Commission/Code Enforcement Advisory Committee o Stephen Young, Parks and Recreation Commission o Paul Rogalla, Englewood Unleashed o Steven Kelly, Englewood Unleashed o Poorvi Pfenning, Englewood Unleashed President o Jake Gilbert, Resident o Martha Griego, Resident o Allen McGirl, Pirate Youth Sports • December 1, 2020 Find Solutions Moderator, Steve Charbonneau held the final meeting for 2020 with the Off-Leash Task Force. Discussions on the off-leash recommendations were held along with the next steps in establishing a POLCO survey to send out to Englewood residents. • On December 14, 2020, Steve Charbonneau with Find Solutions and staff, presented to City Council the Task Force's recommendations and explained that these recommendations would be translated into a survey to obtain more community input. This input would help provide direction for the off-leash program and assist with the decision-making process. • January 7, 2021 postcards were mailed to 5,000 homes in Englewood. Those who received a postcard had a chance to respond until February 9th via online. Paper copies of the survey were mailed to residents who received a post card and requested a paper copy. A total of 520 random sample surveys were received and validated. An open survey became active to all Englewood residents on February 10- March 3. A total of 424 open participant surveys were received. • April 26, 2021 POLCO presented the dog park survey results. o A total of 5,000 addresses were randomly selected from a list of all residential addresses in Englewood. Each of these selected households were contacted two times with a postcard invitation to complete the survey online (using the provided URL). About 5% of the mailed invitation postcards (250) were returned due to being sent to vacant housing units. Of the estimated 4,750 remaining households, 520 completed the survey, providing a response rate of 11%. The margin of error for this survey with 520 respondents is ±4.3%. The open survey Page 32 of 402 was available to Englewood residents starting on February 10th until March 3rd. A total of 424 survey responses were received from the open survey. o Highlights of the key findings from the survey: • Most Englewood residents use city parks and value their maintenance and cleanliness. • About half of households have dogs and 40% of those use existing off-leash city dog parks or areas. • Overall, residents feel dogs can be off-leash in city parks but in a fenced in area, and dog park users prioritize park cleanliness and maintenance for a successful fenced in dog park. • While a majority of respondents support a fenced off-leash dog area or park in Emerson, Cushing, Duncan, and Jason parks overall, support lessened for some when presented with the fencing options. • In general, many respondents support a dog licensing program in Englewood but are more hesitant of policy changes for non-residents. • On April 26th Council provided direction to staff to have the Off-Leash Task Force meet one more time to finalize recommendations based off of the survey findings. • June 9, 2021 the Off-Leash Task Force reconvened to review options for the off-leash program. Since the December 1, 2020 Off-Leash Task Force meeting a few members dropped out and new representatives from Englewood Unleashed (Doug Abramowitz and Jon Lieberman) and residents from the Emerson Park neighborhood (Dean Kinblom and Jordan Storfa) were added for the June 9th meeting. Staff felt it was important to hear from the Emerson Park residents before providing more information to City Council on recommendations. • August 10, 2021 the Parks and Recreation Commission Sub Committee met to discuss the POLCO survey findings and Off Leash Task Force data. • August 23, 2021, staff along with the Parks and Recreation Commission Sub Committee presented council with data and recommendations for the off-leash program. • September 13, 2021, staff along with the Parks and Recreation Commission Sub Committee reviewed each park being proposed to remove, add or keep as part of the off-leash program to bring back as a resolution to council at a future meeting. As of September 2021, the City of Englewood has four off-leash parks within the parks system: Duncan, Jason, Centennial and Northwest Greenbelt and Canine Corral. The current off-leash program hours allow dogs to be off-leash in the four parks during specific times of day, and specific months of the year: March 1 to October 31; 6-11am and 6-11pm AND November 1 to February 28/29; 6am-11pm. Off-Leash Dog Park History of Events 2001-2018 • November 2001 – City Council passed a law requiring dogs to be on a leash at all times when not on their owners’ property. Englewood Code Enforcement Advisory Committee determined that control by voice command has proved inadequate to maintain control of dogs away from home. • January 2002 – City Council approved a one-year pilot program allowing off-leash privileges at five Englewood parks: Bates-Logan, Jason, Duncan, Centennial, and the Northwest Greenbelt area. • February 2002 – Englewood’s leash law went into effect and the five off-leash dog parks were open to the public. Page 33 of 402 • August 2002 – Staff reported off-leash areas being used and the system seemed to be working. Englewood Code Enforcement reported a decrease in leash violations over the first six months. There were very few complaints and dog owners seem to be satisfied with the program. • December 2002 – Minimal complaints from the community and relatively low number of leash law violations have been recorded. The recommendation at this time was to continue the program on a permanent basis with continued monitoring on statistics and community feedback. • January 2003 – Parks and Recreation Commission members reviewed the dog parks pilot program for the past twelve months and discussed comments and complaints that had arisen from the implementation of the program. After lengthy discussion, a motion was made and seconded recommending that City Council make the Dog Park Pilot Program a permanent feature of the leash law. • January 2003 – Englewood residents told Council that dog owners and their dogs were taking over Bates-Logan Park, which created much debate between park attendees and dog owners. • October 2003 – After much debate, Council removed Bates-Logan from the off-leash program. • November 2003 – The Off-Leash Task Force was formed to research the possibility of establishing a dog park in Englewood, where that would be located, and what improvements would be needed to accommodate dogs and their owners as well as ways to fund improvements, promote responsible dog ownership, and ways to educate the general public. • July 2004 – Off -Leash Task Force prepared a final report recommending that City Council consider Belleview Park Nature Area, Centennial Park (north side), and Cushing Park (northeast corner) for dog parks. Belleview Park Nature Area was chosen as the location for the dog park. • June 2006 – A fenced in dog park named Canine Corral was built in the Belleview Park Nature Area and Englewood Unleashed was established. Englewood Unleashed is a 501c3 organization dedicated to supporting off-leash dog privileges at designated parks within the City of Englewood. Englewood Unleashed has a mission statement as follows: “To work with, aid, and assist the City by raising funds and providing volunteer support to improve and better maintain the off-leash parks in Englewood and to receive, invest, and use funds to facilitate health, safety, maintenance, and improvement projects at off -leash parks in Englewood.” • June 2006 – A cooperative agreement between Englewood Unleashed and the City of Englewood was approved. Roles and responsibilities of each party are recorded in this cooperative agreement. • October 2009- City Council held a public hearing to discuss the off-leash hours, and options for the off-leash program at Jason Park. Hours were modified as follows: March 1 through October 31 — off-leash hours from 6:00 to 11:00 am and 6:00 to 11:00 pm; Page 34 of 402 and November 1 through February 28 or 29 — 100% off-leash hours (no restriction on off-leash hours). • 2006 – 2018 – Staff fielded numerous complaints about dogs, safety, dogs running onto athletic fields during games, etc. which had been discussed in Parks & Recreation Commission meetings as well as City Council meetings; however, no action has been taken to alleviate the concerns of the community. Code Enforcement and additional patrols have only provided temporary and inconsistent assistance. • March 2017 – The Parks and Recreation Master Plan is drafted. It addressed the need and desire to have a long-term solution that will benefit dog owners and park attendees equally. The Master Plan recommends a public process guided by the Parks and Recreation Commission to define how the community should proceed in the future with off-leash dogs. Additional maintenance, enforcement, and funding models employed by other communities should be evaluated. • October 2018 - The Off-Leash Dog Sub Committee was formed out of the Parks and Recreation Commission in October 2018 as a result of increased complaints from Englewood residents about the off-leash dog park program. The Sub Committee met with three stakeholder groups from November 2018 to April 2019, including Englewood Code Enforcement, Englewood Unleashed and Pirate Youth Sports. Additional off-leash meeting information: 10.4.2021 Off- Leash Council Presentation: 9.13.2021 Off- Leash Council Presentation: 8.23.2021 Off-Leash Council Presentation: 8.10.21 Parks and Recreation Commission Regular Meeting- Approval of Recommendations 6.9.21 Off-Leash Task Force: https://englewoodgov.civicweb.net/document/114983 4.26.21 Polco Survey Council Presentation 12.14.20 Off-Leash Task Force Council Presentation 12.1.20 Off-Leash Task Force Meeting: https://englewoodgov.civicweb.net/document/101854 10.29.20 Off-Leash Task Force Meeting: https://englewoodgov.civicweb.net/document/99794 10.20.20 Off-Leash Task Force Meeting: https://englewoodgov.civicweb.net/document/99245 10.6.20 Off-Leash Task Force Meeting: https://englewoodgov.civicweb.net/document/98175 9.22.20 Off-Leash Task Force Meeting: https://englewoodgov.civicweb.net/document/96942 7.20.20 Parks and Recreation Commission Sub Committee Presentation to Council CONCLUSION: Staff recommends a motion to approve a Bill for an Ordinance establishing park rules and regulations regarding off-leash dog privileges. FINANCIAL IMPLICATIONS: Fence installation at Jason and Duncan Park - estimated cost $65,000 New sign update estimated cost $500 Improvements in ground cover at Canine Corral - estimated cost $50,000 Page 35 of 402 Funding for these off-leash dog parks projects is available from either the Conservation Trust Fund or the Open Space Fund 2021 Contingency budget amounts. CONNECTION TO STRATEGIC PLAN: Safety - Protecting all park users and park assets Neighborhoods- connecting residents with one another through use of neighborhood parks OUTREACH/COMMUNICATIONS: Polco Survey to residents Citizen Off-Leash Task Force Parks and Recreation Off-Leash Sub-Committee Social Media- Walter Wednesday (posts related to off-leash information) ATTACHMENTS: Council Bill #49 Page 36 of 402 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 49 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, ARTICLE A, SECTION 7-1A-3 OF ENGLEWOOD MUNICIPAL CODE AUTHORIZING OFF-LEASH DOG PRIVILEGES AT CERTAIN LOCATIONS DURING ESTABLISHED HOURS WHEREAS, the City of Englewood provides a unique approach to off-leash dog parks within the City, authorizing specific hours of otherwise on-leash parks for use by off-leash dogs and their owners; and WHEREAS, the City of Englewood implemented off-leash dog privileges at certain City parks when City Council adopted Resolution No. 4, Series of 2002; and WHEREAS, on October 19, 2009, after numerous complaints from residents regarding off-leash dogs at Jason Park, City Council approved specific authorized off- leash hours for the following parks: Jason, Centennial, Duncan, and the Northwest Greenbelt; and WHEREAS, the Parks and Recreation Commission formed the Off-Leash Dog Sub-Committee in October 2018 due to increased complaints from Englewood residents about the off-leash dog park program; and WHEREAS, between November 2018 and April 2019, the Sub-Committee met with Englewood Code Enforcement, Englewood Unleashed and Pirate Youth Sports to discuss off-leash dog parks within the City; and WHEREAS, on March 30, 2020, City Council asked for a recommendation regarding the off-leash dog program after City Staff presented on the current off-leash program, public education efforts, and enforcement of off-leash dog rules; and WHEREAS, on July 20, 2020, City Council requested further study and recommendations regarding off-leash dog parks so the Off-Leash Task Force was established; and WHEREAS, the Off-Leash Task Force convened five times, and on December 14, 2020, recommended to City Council that the City issue a survey to gauge resident support for off-leash dog parks; and Page 37 of 402 2 WHEREAS, on April 26, 2021, after receipt of survey results, City Council recommended the Off-Leash Task Force discuss the survey results and possible recommendations for the off-leash program; and WHEREAS, on June 9, 2021, the Off-Leash Task Force reconvened to review options for the off-leash program; and WHEREAS, on August 10, 2021 the Parks and Recreation Commission Sub- Committee met to discuss survey findings and Off-Leash Task Force data; and WHEREAS, City Council scheduled various study sessions to consider these results and recommendations, along with extensive additional public comment regarding this issue; and WHEREAS, on the 4th day of October, 2021, City Council adopted Resolution No. 36, Series of 2021 establishing off-leash dog privileges at the following City parks: Duncan, Jason, Northwest Greenbelt, and Canine Corral; and WHEREAS, City Council desires to implement these off-leash dog regulations into Englewood Municipal Code to ensure citizens receive notice and the opportunity to challenge by referendum. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Title 7, Chapter 1, Article A, Section 4-4-5-2 of Englewood Municipal Code (“EMC”) is hereby amended to read as follows (new provisions in italics, deleted provisions struck through): 7-1A-3: Running at Large. A. It shall be unlawful for any domesticated animal owner to allow such animal to run at large. B. Exceptions. Despite the above prohibition, an owner may allow a dog to run at large (off leash) only at the following public parks within the City of Englewood: 1. Jason Park, on the north side of the park only, as separated by fencing from the south/playground area; but in the northwest corner of the park only, when north to south temporary fencing is installed to separate the off-leash portion of the park from areas used for youth sports or other events; and only during the hours of 6 a.m. to 11 a.m. and 6 p.m. to 11 p.m. (with hours expanded to 6 a.m. to 11 p.m. from November 1 through February 28). Page 38 of 402 3 2. Duncan Park, on the north side of the park only, separated by fencing from the south/playground area of the park; and only during the hours of 6 a.m. to 11 a.m., and 6 p.m. to 11 p.m. (with hours expanded to 6 a.m. to 11 p.m. from November 1 through February 28). 3. Northwest Greenbelt, the entire park, but only during the hours of 6 a.m. to 11 a.m., and 6 p.m. to 11 p.m. (with hours expanded to 6 a.m. to 11 p.m. from November 1 through February 28). 4. Canine Corral, the entire fenced-in area of the park, hours unrestricted. Section 2. Applicability of Municipal Code During Authorized Off-Leash Hours All other provisions of Englewood Municipal Code regarding animals shall apply to the parks described above even during off-leash hours, including, but not limited to, EMC 7-1A-2: "At-Risk" and "Dangerous" Behavior Prohibited; and EMC 7-1A-10: Removal of Excrement; Damage to Shrubbery or Plants (requiring owners to immediately remove excrement and prohibiting damage to park landscaping by the dog). Section 3. Revocation of Prior Off-Leash Privileges City Council specifically considered and hereby revokes all off-leash dog privileges at Centennial Park, and does not provide for off-leash privileges at Cushing Park and Emerson Park. To that end, except as specifically authorized in Section 1 above, pursuant to EMC 7-1A-3: Running at Large, all dogs are prohibited from running at large, including at all other City-owned parks, at non-designated areas of Jason Park and Duncan Park, and outside of the specifically-authorized off-leash hours described in Section 1 above. Section 4. Public Notification Pursuant to EMC 11-4-2 and EMC 11-4-3, the City Manager or the City Manager’s designee shall develop Park Rules and Regulations and install signage consistent with the provisions of this Ordinance, and take all other actions necessary to effectuate Englewood Municipal Code as modified herein. Section 5. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Legislative Action. All other Ordinances, Resolutions, City Park Rule or Regulation, legislative action, or any portion thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, Page 39 of 402 4 modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Effective Date. To provide for sufficient time for Referendum and notification to the public, the provisions of this Ordinance shall become effective on January 1, 2022. Introduced, read in full, and passed on first reading on the 18th day of October, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of October, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of October, 2021 for thirty (30) days. Read by Title and passed on final reading on the 1st day of November, 2021. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2021, on the 4th day of November, 2021. Published by title on the City’s official website beginning on the 3rd day of November, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor Page 40 of 402 5 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, 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 2021. Stephanie Carlile Page 41 of 402 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria D'Andrea DEPARTMENT: Public Works DATE: November 1, 2021 SUBJECT: CB 50 - 2022 Stormwater Utility Rate Increase Ordinance DESCRIPTION: CB 50 - Proposed rate increase for the Stormwater Utility Fund RECOMMENDATION: Staff recommends approval of the proposed fee increase in order to generate the necessary funding to execute the proposed capital projects as well as system maintenance and operational activities. PREVIOUS COUNCIL ACTION: Staff has presented related information at several previous Council Study Sessions & Council Meetings including: • February 22, 2021: Stormwater Program Update • March 1, 2021: Stormwater Bond Issuance Process & Schedule • March 15, 2021: Ordinance Authorizing Stormwater Bond Issuance (first reading) • April 5, 2021: Ordinance Authorizing Stormwater Bond Issuance (second reading) • May 3, 2021: Study Session discussion regarding the 2022-2026 Capital Improvement Plan • June 14 & 21, 2021: Discussion regarding 2022 priorities/initiatives and proposed 2022 Budget • August 9, 2021: Review of draft Proposed 2022 Budget SUMMARY: The Storm Water Utility fee increase is estimated to generate approximately $2,467,000 in 2022 as compared to $1,990,000 in 2021. The $477,000 increase will fund expanded storm drainage capital projects, maintenance and system operations. This is the third of four planned rate increases to finance the debt service from the planned revenue bond issue to fund approximately $30 million in estimated capital projects as well as maintenance and operational needs. Additional or future capital project or program costs will impact the current fee rate schedule. ANALYSIS: As a result of a large rain storm in July 2018, the city conducted several system studies including a stormwater utility fee & rate study. Staff engaged the consulting firm Raftelis Financial Consultants, Inc. (Raftelis) in late-2019 to conduct a Stormwater Fee/Rate Study and provide a 5-year storm water utility fund financial plan. Page 42 of 402 The primary goals of the study were to research neighboring communities' historical and current storm water fees and to develop a five-year financial plan to support efforts to correct identified storm water infrastructure needs. The study's findings were conclusive. Since, 2002, the City has lagged behind in raising storm water fees, has continuously fallen behind in funding ongoing maintenance, operations and capital needs and has failed to establish adequate reserves. From 2002 - 2018 (timeframe based on study period only), Englewood's quarterly stormwater residential bill was $4.16. For 2019, the City Council approved an increase to $13.16 per quarter. Similarly, for subsequent years, the City Council approved an increase for 2020 of $20.13 per quarter and $30.81 per quarter for 2021. In addition to providing information related to historical and current storm water rates/fees, the study: • Projected revenues that are sufficient to meet annual needs • Optimized revenue increases through balanced use of rate revenue and bonds • Assumed reserve levels in accordance with industry best practices • Satisfied debt service coverage requirements • Proposed residential and commercial rate increases necessary to fully recover the utility's current annual maintenance, operation and capital expenses. The 5-year financial plan, increases annual revenues from approximately $1.0 million in 2020 to $3.5 million in 2024 as shown below: 2019 2020 2021 2022 2023 2024 Residential Quarterly Fee $13.16 $20.13 $30.81 $43.74 $57.74 $59.47 Quarterly Increase $6.97 $10.67 $12.94 $14.00* $1.73 (3%)* Debt Service Coverage 4.71x 1.29x 1.80x 1.49x 1.48x *anticipated The financial model was developing using the following data and assumptions: • 2020 budget (fund balance) • 5 -year capital improvement program • Utilities billing data • Annual inflation assumption of 3.5% • Debt service coverage minimum requirement of 1.25x of net income • Target reserves of 60 days of operations and maintenance and, capital equal to one year of depreciation expense • $500K in ongoing operations, maintenance and capital investment in 2021 and $1.0 million in 2022-2024. CONCLUSION: The proposed rate increase is necessary to generate the necessary funding to execute the proposed capital projects as well as system maintenance and operational activities. Page 43 of 402 FINANCIAL IMPLICATIONS: This fee increase will fund continued maintenance of the system and allow for implementation of the prioritized capital projects. Storm Water Utility Rate Fee Table 2022 2021 Difference Residential (per parcel) = $43.74 per quarter or $43.74 x 4 = $174.96 annually $43.74 $30.81 $12.93 Commercial = $0.0365 measured per parcel, per square foot of impervious area or $174.96 annually, whichever is greater (minimum annual rate = $43.74 x 4 = $174.96) $0.0365 $0.0257 $0.0108 per sq. ft. of impervious area CONNECTION TO STRATEGIC PLAN: Strategic Outcome: Infrastructure A city that proactively and in a cost-effective manner invests in, maintains and protects its infrastructure • Establish a long-term Capital Improvement Plan • Establish a 20-year plan for financing • Reduce the number of structures at risk of flooding in a 25-year storm event by 20 percent • Educate public on the importance of building, maintaining, replacing and funding infrastructure Strategic Outcome: Safety A city that protects its people, infrastructure, and built environment • Build, maintain, replace, and fund a quality storm drainage system Strategic Outcome: Sustainability A city that protects its natural environment • Stormwater quality • Consider long-term sustainability in infrastructure OUTREACH/COMMUNICATIONS: The city has engaged a communications plan with the tagline "Flow it Forward" over the past 18 months to inform and educate property owners, citizens, businesses and other stakeholders on the city's efforts to rehabilitate the city's water, sanitary sewer, and stormwater infrastructure. ATTACHMENTS: Council Bill #50 Page 44 of 402 1 BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 50 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE ESTABLISHING STORM WATER UTILITY AND ENTERPRISE FUND USER FEES IN ACCORDANCE WITH TITLE 12, CHAPTER 5, SECTION 4, SUBSECTION E, OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, Title 12, Chapter 5 of the Englewood Municipal Code provides for the collection of a storm drainage service charge for those purposes set forth within Section 4(B); WHEREAS, Title 12, Chapter 5, Section 4, Subsection E of the Englewood Municipal Code provides that the Englewood City Council shall establish by ordinance those charges set forth within the storm water utility and enterprise fund for storm drainage service, with such charges maintained within the City’s Rate and Fee Schedule.; and WHEREAS, Title 12, Chapter 5, Section 8 of the Englewood Municipal Code reminds all property owners that floods from storm water runoff may occasionally occur which exceed the capacity of storm water facilities constructed and maintained by funds made available under that Chapter, and that property liable for the fees and charges established by that Chapter will not always be free from flooding or flood damage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes adoption of the following storm water utility and enterprise fund fees in accordance with Title 12, Chapter 5, Section 4, Subsection E of the Englewood Municipal Code 2000 to become effective January 1, 2022: STORMWATER FEE BILLING CYCLE Residential = $43.74 Quarterly (See 12-5-5(A)) Commercial = $0.0365 per square foot of impervious surface or $43.74 quarterly, whichever is greater Quarterly or Annually (See 12-5-5(A)) Page 45 of 402 2 Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen's right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. Introduced, read in full, and passed on first reading on the 18th day of October, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of October, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of October, 2021 for thirty (30) days. Read by Title and passed on final reading on the 1st day of November, 2021. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2021, on the 4th day of November, 2021. Published by title on the City’s official website beginning on the 3rd day of November, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Page 46 of 402 3 Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, 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 2021. Stephanie Carlile Page 47 of 402 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Pieter Van Ry DEPARTMENT: Utilities DATE: November 1, 2021 SUBJECT: CB 51 - 2022 Sewer Utility Rates Ordinance DESCRIPTION: CB 51 - 2022 Sewer Utility Rates Ordinance RECOMMENDATION: Staff recommends City Council approve an Ordinance for the 2022 Sewer Utility Rates. PREVIOUS COUNCIL ACTION: • October 11, 2021 Study Session: Connector District Rate Methodology Discussion • March 22, 2021, Study Session: Discuss analysis findings and seek Council feedback on staff proposal to increase the outside-City Connector District multiplier from 1.05 to 1.2. • November 16, 2020, Council approval of 2021 Rate and Fee Schedule and 2021 sewer rate increase ordinance. • August 24, 2020, Study Session: Water and Sewer Utilities Rate and Fee Study Progress Update #3. Final recommendations for sewer rates and fees were presented. • July 27, 2020, Study Session: Water and Sewer Utilities Rate and Fee Study Progress Update #2, focused upon connection fees, CIP Funding scenarios, and a proposed customer assistance program. On July 27, new financial scenarios incorporating feedback from the June 22 study session were presented to Council. Revised 10-year financial model results were presented. Additionally, initial findings for connection fees were reviewed as well as the proposal of a customer assistance program to assist customers experiencing financial hardship with their utility bill. • June 22, 2020, Study Session: Water and Sewer Utilities Rate and Fee Study Progress Update #1, focused upon preliminary results of the Rate and Fee Study related to rates. SUMMARY: City staff is seeking Council approval of the proposed 2022 inside city rates for sewer collection and treatment services and the outside treatment rates. The City of Englewood's sewer rates vary for customers based on their location either inside or outside the City and are dependent on the type of sewer service received, treatment only or treatment and collection. City staff has communicated with Council and the Connector Districts frequently in 2021 regarding the adjustment to the methodology to determine the Connector Districts rate that equitably and accurately recovers the City's costs of service to these customers. This analysis combined with the established long-term financial plan for the Sewer Enterprise Fund has led to the rates as presented for 2022. Page 48 of 402 ANALYSIS: The City conducted a Sanitary Sewer Utility Rate and Fee Study in 2020 to provide a defensible, industry-accepted rationale for the establishment of Sanitary Sewer Enterprise Fund rates and fees. Establishing accurate rates and fees is an important component of a well- managed sanitary sewer utility. As a follow-on analysis in 2021, Stantec evaluated the methodology by which Connector Districts are charged for sewer treatment. City staff and Stantec refined the Sewer Fund financial plan with an adjustment to the Connector District rate methodology, which resulted in a proposed decrease in the inside city sewer rates and an increase in the outside city rates for 2022. The updated Connector District rate methodology resets the base treatment rate and provides a starting point for future rate increases as planned in the financial model, ensuring proper funding for the required operations and maintenance of the sewer collection and treatment system as well as fund necessary capital investments. CONCLUSION: Staff recommends City Council approve an Ordinance for the 2022 Sewer Utility Rates. FINANCIAL IMPLICATIONS: The results of the Sanitary Sewer Utility Rate and Fee Study and the subsequent evaluation of the Connector District Rate Methodology are critical to the ongoing operation of the sanitary sewer utility. The financial analyses completed to date outline the resulting revenue requirements needed to fund the sewer collection and treatment systems and ensure that critical capital investments are made to maintain safe sanitary systems for Englewood’s citizens well into the future. Feedback from several discussions with the Water and Sewer Board and City Council has helped guide staff in the development of proposed 2022 sewer rates. These proposed rates adjustments adequately support the 2022 Sewer Enterprise Fund budget, as presented to City Council. CONNECTION TO STRATEGIC PLAN: Infrastructure – A city that proactively and in a cost-effective manner invests in, maintains, and plans to protect its infrastructure. OUTREACH/COMMUNICATIONS: • September 28, 2021 Connector District Meeting • September 18, 2020 Connector District Meeting • May 5, 2021 Connector District Meeting • August 24, 2021 Southgate Water & Sanitation Districts Meeting ATTACHMENTS: Council Bill #51 Page 49 of 402 Page 1 of 9 BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 51 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 3, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE, AND ESTABLISHING WASTEWATER (SANITARY SEWER) RATES IN ACCORDANCE THEREWITH. WHEREAS, the State of Colorado has enhanced the standards for wastewater treatment, both through reduction of the permitted levels of total phosphorus and total inorganic nitrogen, and through a reduction of the permitted temperature of water which may be released from the wastewater plant into its receiving stream; WHEREAS, such standards have been incorporated into the operating license of the Joint-Use Wastewater Treatment Facilities established pursuant to an Intergovernmental Agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, such treatment facility doing business as South Platte Renew, and such standards necessitate extensive facility upgrades to be completed over the next decade; WHEREAS, South Platte Renew performed a comprehensive cost of services analysis during 2019 to determine the current cost of providing wastewater services within the City of Englewood and to City of Englewood connector districts; WHEREAS, Englewood Municipal Code § 12-2-3(B) provides that 1) the rates charged by the City for all wastewater service shall be established by ordinance and maintained in the City’s Rate and Fee Schedule, and 2) a charge for wastewater collection system maintenance shall be established annually by the City Council as part of their annual approval of the City's Fee and Rate schedule, or by separate Resolution; WHEREAS, Ordinance #50, Series 2020, establishing sewer rates in accordance with Title 12, Chapter 2, Section 3, Subsection B, of the Englewood Municipal Code 2000, was approved by the City Council on November 16, 2020, with such rates to become effective January 1, 2021; WHEREAS, the comprehensive cost of services analysis established that a 22% decrease for inside city treatment for sewer rates charged to City of Englewood residents will provide adequate funding to address the capital and maintenance needs at South Platte Renew during the 2022 operational year; and WHEREAS, the cost of services analysis further established that rates outside of the City should be increased given those receiving services outside of the City do not share the investment into the infrastructure required to provide these services, nor the burden of ensuring proper maintenance of and improvement to that infrastructure. Page 50 of 402 Page 2 of 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Englewood Municipal Code Title 12, Chapter 2, Section 3, Subsection B(5) shall be amended to read as follows (deleted provisions struck through; new provisions underlined): 12-2-3 Fees and Charges. A. Purpose. It is the purpose of this section to provide for the payment of all POTW (publicly owned treatment works) costs, including costs of the City. The total annual cost of operation and maintenance shall include, but need not be limited to: labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory testing and a reasonable contingency fund. The charges will be based upon the quality and quantity of user's wastewater, and also upon the capital and operating costs to intercept, treat, and dispose of wastewater, and shall be established by formal action of the City Council. B. General. There is hereby levied and charged on each lot, parcel of land and premises served by or having Wastewater connection with the Wastewater of the City or otherwise discharging wastewater, industrial wastes or other liquids, either directly or indirectly, into the City Wastewater system an annual service charge which shall be computed and payable as follows: 1. The charge for wastewater treatment shall be based on the gallonage of water delivered to the premises during the lowest water meter reading period falling between September 1 through May 31 for service inside City and November 1 through April 30 for service outside City. This gallonage shall be converted to an annual equivalent and multiplied by the annual rate per one thousand (1,000) gallons provides the annual treatment charge. 2. A charge for Wastewater collection system maintenance shall be established annually by the City Council as part of their annual approval of the City's Fee and Rate schedule, or by separate resolution, where premises are served by the City collection system. Where the City does not own and maintain the collection system, the City will collect charges for maintenance of same only when authorized by the terms of contract between the City and the sanitation district. 3. Where water at any premises is taken through multiple meters, the charge for wastewater treatment shall be based on the gallonage of water delivered to the premises through all of the meters during the lowest water meter reading period falling between September 1 through May 31 for inside City and November 1 through April 30 for outside City, or the sum of the minimum charges for each meter, whichever is greater. However, one (1) bill for all wastewater treatment, composed of the sum of minimum charges for each meter used, or a single quantitative charge for all wastewater treatment may be issued in the following cases: a. Where water service is taken through a combination of meters or through meters on two (2) or more service pipes, if water serviced through each of such meters and service pipes is delivered and used on the same Page 51 of 402 Page 3 of 9 property for one (1) general purpose, or the premises is a single enterprise on an integrated holding of land, undivided by public streets, roads or alleys; and b. For each public-school entity, even though the meters may be situated on separate properties. 4. Where water usage information is not available wastewater service charges will be based on a minimum charge established by ordinance and maintained in the City's Rate and Fee Schedule. 5. Outside City customers will be charged an increased rate from one hundred five percent (105%) of the amount charged to inside City customers for similar service to compensate for additional infiltration from the longer interceptor lines reflect industry-accepted methodology establishing appropriate outside City rates. This factor These rates shall be included in the flat rate and minimum rate tables establishing the rates charged to customers of the City. 6. Charges for service to customers inside the City limits shall be billed quarterly or annually in advance. Charges for Wastewater only service outside the City may, at the discretion of the City, be billed annually where this would not conflict with special provisions of a connector's agreement. All bills are due and payable as of the billing date and become delinquent thirty (30) days after the billing date for inside City and forty-five (45) days after the billing date for outside City. 7. User charges shall be reviewed annually and revised periodically to reflect actual treatment works O&M costs. 8. The rates charged by the City for all wastewater service shall be established by ordinance, and maintained in the City's Rate and Fee Schedule. C. Special Cases: 1. A school operating on a nine-month (9) school year, which supplies documentation to the City verifying the nine-month (9) schedule and which applies for a nine-month (9) operating status, shall be billed seventy-six percent (76%) of the charges which would normally accrue for similar usage by a residential customer. 2. Industries, car washes and other establishments where summer irrigation water is not significant or where seasonal business fluctuations are more significant than irrigation usage shall be billed based on annual rather than winter period water usage. 3. Customers with delivery flow characteristics significantly different from those of a single-family dwelling shall pay an additional readiness to serve fee as established by ordinance and maintained in the City's Rate and Fee Schedule. 4.Other Cases: Where the procedures above are not applicable, or when application of same would work an obvious and significant injustice to the customer, a rate shall be established by the City based on reasonable estimates of projected flow. Page 52 of 402 Page 4 of 9 D. Permitted Industrial Users: 1.Industries that are permitted as Significant Industrial Users or have been issued a Wastewater Control Permit and discharge wastewater with BOD, COD and/or TSS in excess of Normal Domestic Strength Wastewater will be charged for the cost of handling treatment of these wastes calculated based upon the net excess loading. The use of surcharges does not permit the User to otherwise exceed any Local Limits specified, or Federal and State Pretreatment Standards. 2. The City shall require payment to cover the added cost surcharge of handling and treating the wastes as established by ordinance and maintained in the City's Rate and Fee Schedule. 3. Specific individual rates will be calculated based on the volume strength and rate of flow in accordance with current Federal guidelines. Adjustments to individual rates will be made annually or more frequently, whenever evidence is received that a major change in wastewater volume and/or characteristics has occurred. Payment will commence within one (1) year of the date of initiation of service through the POTW. 4. Industrial Users identified for inclusion into an applicable Sector Control Program may be charged for the costs incurred by the City for re-inspections due to failure to correct non-compliances or violations identified during a sector control inspection. A fee shall be established by Resolution of the City Council and maintained in the City's Rate and Fee Schedule, for each inspection required until completion of violation remedy. Such fee shall be established as a minimum of one hundred dollars ($100.00), but may be modified by Resolution, and shall be set forth in the City's Fee and Rate schedule. 5. Sanitation Districts may be charged for the cost incurred by the City for inspecting Industrial Users included in or added to, based on inspection results, the City's Fats, Oil, and Grease (FOG) or Petroleum Oil, Grease and Sand (POGS) Sector Control Program. Such fee shall be established by Resolution and maintained in the City's Rate and Fee Schedule. A fee shall be established as a minimum of fifty dollars ($50.00) per inspection for facilities contributing wastewater to the POTW from locations outside of the City boundary, but may be modified by Resolution, and shall be set forth in the City's Fee and Rate schedule. E. Restoration of Service. Wastewater service shall not be restored until all charges, including the expense of termination and charge for restoration of service, have been paid. F. Collection Procedures: 1. Charges Responsibility of Owner: All fees and charges shall be chargeable against and payable by the owner of the premises receiving wastewater services. 2. Periodic Billing Statements: a. The City shall cause billings for wastewater treatment and/or water charges Page 53 of 402 Page 5 of 9 to be rendered periodically at rates established. b. Billings for charges and any other notices shall be effective upon mailing said billing or notice to the last known address of the user as shown on City records. c. Service charges provided in this chapter shall be billed and paid in full within thirty (30) days from date of billing for inside City and forty-five (45) days after the billing date for outside City. Partial payments may be approved by the City Manager or designee on a case by case basis provided that the total bill is paid in full no more than three months after the original billing date. The City Manager or designee shall develop policies that set forth the conditions under which a partial payment plan may be granted. The City shall bear no responsibility to provide the customer with any kind of reminder notices. 3. When payment of City utility services is received, the payment shall be applied in the following order; stormwater enterprise fund all concrete utility fund charges, all wastewater fund charges and water fund charges. G. Delinquency and Collection: 1. Fees and charges levied in accordance with this chapter shall be paid to the City within thirty (30) days from the date of billing for inside City and forty-five (45) days after the billing date for outside City. If the bill is not paid within thirty (30) days from the date of billing for inside City and forty-five (45) days after the billing date for outside City, it shall be deemed delinquent, whereupon a delinquency fee shall be imposed for collection services. The fee shall be established by ordinance and maintained in the City's Rate and Fee Schedule. 2. Non-payment. All wastewater charges and surcharges, including, but not limited to, collection charges, pretreatment charges, monitoring charges, shall be a lien upon the property to which wastewaters are connected from the date said charges become due until said charges are paid. The owner of every structure or premises shall be liable for all wastewater charges for users on his premises, which lien of liability may be enforced by the City by action at law to enforce the lien. In case the tenant in possession of any premises shall pay the wastewater charges, it shall relieve the landowner from such obligations and lien, but the City shall not be required to seek payment from any person whomsoever other than the owner of the property for the payment of wastewater charges. No change of ownership or occupation shall affect the application of this subsection, and the failure of any owner to discover that he purchased property against which a lien for wastewater service exists shall in no way affect his liability for such payment in full. Said delinquent payments, and the lien created thereby, shall be enforced by assessment upon the property and premises so served and certification thereof to the County Treasurer for the collection under and in pursuance as provided for in this Code. H. Disconnection Clause: 1.The City may disconnect within the City or contract areas served by the City for accounts delinquent more than ninety (90) days. Notice shall be given to the last known address of user or owner thirty (30) days prior to disconnection. All Page 54 of 402 Page 6 of 9 costs of disconnection shall be repaid at the time of reconnection; provided, that if the premises are supplied with City water services, such service may be shut off until such rates and charges for treatment and disposal of wastewater shall have been paid. 2. When the premises to which such service is provided are located outside the limits of the City, failure to pay the rates and charges for treatment and disposal of wastewater when due shall be cause for the City Clerk to certify to the county commissioners of the county in which said delinquent user's property is located the charges due and unpaid, on or before November 1 of each year, and thereupon and until paid, the same shall be a lien upon the real property so served by said wastewater system and shall be levied, certified, received or collected by sale annually from year to year by the proper county officials as are general taxes, and the proceeds therefrom remitted to the City of Englewood; provided, that if the premises are supplied with City water services, such service may be shut off until such rates and charges for treatment and disposal of wastewater shall have been paid. Section 2. Establishment of Rates Pursuant to Title 12, Chapter 2, Section 3, Subsection B(8). Effective January 1, 2022, wastewater rates within the City pursuant to Englewood Municipal Code Section 12-2-3(B)(8) shall be follows: In City Sewage Treatment Charge per 1,000 gallons $3.3973 $2.64 In City Collection System Charge per 1,000 gallons $0.4524 $0.79 Total In City Sewage Treatment and Collection System Charge per 1,000 gallons: $3.8497 $3.43 Outside City Sewage Treatment Charge per 1,000 gallons $4.01 Customer Class In City Treatment and Collection Sewer Billed Quarterly Monthly In City Treatment Only Billed Monthly In City District Sewer Billed Quarterly In City Sewer District Water Billed Annually $3.8497 $3.3973 $24.2530 Flat Rate Min. Flat Rate Min. Rate Single Family Dwelling $81.00 $73.67 $71.47 $64.96 $294.72 $24.03 $21.95 $18.58 $50.69 Multi Family Per Unit $50.17 $45.68 $44.27 $40.24 $182.70 Page 55 of 402 Page 7 of 9 $14.88 $13.72 $11.51 $10.56 Mobile Home Per Unit $30.89 $28.07 $27.24 $24.81 $112.24 $9.16 $8.58 $7.08 $6.60 5/8 " $111.59 $101.65 $98.63 $89.70 $406.60 $33.10 $30.53 $25.65 $23.50 ¾" $169.45 $154.17 $149.54 $136.13 $616.71 $50.27 $45.96 $38.88 $35.38 1" $280.96 $255.59 $248.10 $225.77 $1,022.35 $83.35 $76.15 $64.51 $58.61 1½" $561.83 $511.33 $495.94 $451.31 $2,045.32 $166.68 $151.95 $128.94 $116.95 2" $900.55 $819.62 $794.90 $723.30 $3,278.51 $267.16 $243.53 $206.67 $187.44 3" $1,797.43 $1,635.58 $1,586.49 $1,443.53 $6,542.30 $533.24 $486.03 $412.49 $374.09 4" $2,809.46 $2,556.78 $2,479.71 $2,256.59 $10,227.07 $833.47 $759.40 $644.73 $584.50 6" $5,619.07 $5,113.45 $4,959.31 $4,512.91 $20,453.80 $1,666.99 $1,518.80 $1,289.42 $1,168.99 8" $8,928.42 $8,124.86 $7,856.96 $7,149.72 $32,499.48 $2,648.76 $2,413.01 $2,042.81 $1,857.24 10" $12,834.65 $11,679.64 $11,294.70 $10,277.97 $46,718.57 $3,807.61 $3,468.76 $2,936.62 $2,669.83 Customer Class Outside City District Sewer Billed Monthly Outside City District Sewer Billed Annually $3.3973 $20.48 Flat Rate Min. Flat Rate Min. Single Family Dwelling $74.93 $68.23 $299.39 $272.63 $27.97 $25.66 $335.64 $307.92 Multi Family Per Unit $46.50 $42.24 $185.87 $168.81 $17.36 $16.04 $208.32 $192.48 Mobile Home Per Unit Page 56 of 402 Page 8 of 9 $28.64 $26.03 $114.44 $103.87 $10.69 $10.03 $128.28 $120.36 5/8 " $103.49 $94.19 $413.79 $376.50 $38.63 $35.69 $463.56 $428.28 3/4" $157.04 $142.83 $628.02 $571.18 $58.63 $53.73 $703.56 $644.76 1" $260.46 $236.94 $1,041.71 $947.62 $97.23 $89.02 $1,166.76 $1,068.24 1½" $520.90 $473.83 $2,083.40 $1,895.19 $194.47 $177.64 $2,333.64 $2,131.68 2" $834.66 $759.63 $3,338.42 $3,038.26 $311.61 $284.71 $3,739.32 $3,416.52 3" $1,665.57 $1,515.90 $6,662.16 $6,063.43 $621.81 $568.22 $7,461.72 $6,818.64 4" $2,603.64 $2,369.36 $10,414.29 $9,477.27 $972.03 $887.81 $11,664.36 $10,653.72 6" $5,207.37 $4,738.65 $20,829.25 $18,954.46 $1,944.09 $1,775.63 $23,329.08 $21,307.56 8" $8,274.58 $7,530.03 $33,098.62 $30,119.67 $3,089.17 $2,821.04 $37,070.04 $33,852.48 10" $11,894.81 $10,824.52 $47,579.51 $43,297.22 $4,440.72 $4,055.31 $53,288.64 $48,663.72 Section 3. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: A. Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. B. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. E.M.C. Title 12, Chapter 2, Section 3, sets forth enforcement measures for failure to pay the assessed sanitary sewer rates and fees, including disconnection of service for accounts 90 days or more delinquent. Delinquency and Collection: All wastewater charges and surcharges, including, but not limited to, collection charges, pretreatment charges, monitoring charges, shall be made a lien upon the property to which wastewaters are connected from the date said charges become due until said charges are paid. The owner of every structure or Page 57 of 402 Page 9 of 9 premises shall be liable for all wastewater charges for users on his premises. Said delinquent payments, and the lien created thereby, shall be enforced by assessment upon the property and premises so served and certification thereof to the County Treasurer for the collection under and in pursuance as provided for in this Code. C. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. 2021. Introduced, read in full, and passed on first reading on the 18th day of October, Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of October, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of October, 2021 for thirty (30) days. Read by Title and passed on final reading on the 1st day of November, 2021. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2021, on the 4th day of November, 2021. Published by title on the City’s official website beginning on the 3rd day of November, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, 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 2021. Stephanie Carlile Page 58 of 402 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Pieter Van Ry DEPARTMENT: Utilities DATE: November 1, 2021 SUBJECT: CB 52 - 2022 Sewer Utility Fees Ordinance DESCRIPTION: CB 52 - 2022 Sewer Utility Fees Ordinance RECOMMENDATION: Staff recommends City Council approve an Ordinance, for the 2022 Sewer Utility Fees. PREVIOUS COUNCIL ACTION: September 20, 2021 - Public Hearing of the Proposed 2022 Budget • September 7, 2021 - City Staff reviewed with City Council changes made to the Proposed 2022 Budget since the August 16th meeting. • August 16, 2021 - City Staff continued their review of the Draft Proposed 2022 Budget with City Council • August 9, 2021 - City Staff reviewed the Draft Proposed 2022 Budget with City Council • July 26, 2021 - City Staff reviewed the preliminary 2022-2026 capital projects in the city's Capital Improvement Plan • June 14 and 21, 2021 - Staff discussed several department's 2022 priorities/initiatives and preliminary program operational and capital requests for inclusion in the proposed 2022 Budget • May 3, 2021 - Staff discussed the department's prioritized Tier 1 capital projects list included in the 2022-2026 Capital Improvement Plan • April 5, 2021 - Staff provided the preliminary 2022 revenue and expenditures forecast assumptions for 2022 through 2026. • March 15, 2021 - Staff presented a 2021 Budget Review providing a high level explanation of the City's sources and uses of funds as well as an overview of the 2022 City Council Budget Calendar. SUMMARY: The City conducted a Sanitary Sewer Utility Rate and Fee Study in 2020 to provide a defensible, industry-accepted rationale for the establishment of Sanitary Sewer Enterprise Fund rates and fees. Establishing accurate rates and fees is an important component of a well- managed sanitary sewer utility. The primary purpose of sewer connection fees is to recover sufficient revenues to fund the construction of capital improvements necessary to support new connections to the system. A 2.7% increase in sewer connection fees increase is proposed to ensure proper funding for the required capital investments necessary to support growth. Page 59 of 402 ANALYSIS: Utilities staff has worked with Stantec Consultants since February of 2020 to develop a 10-year financial plan that ensures adequate funding of the sanitary sewer utility and South Platte Renew, the City's regional wastewater treatment plant. Through the incorporation of the results of both the South Platte Renew Master Plan and the City of Englewood Sewer Utility Master Plan, the team was able to develop and refine a funding model that results in a proposed connection fee increase of 2.7% to be effective January 1, 2022. The refined 10-year financial model attempts to create stability in annual connection fee increases in a way that is more predictable and keeps up with the continued increases in the cost of growth of the sewer collection and treatment system. CONCLUSION: Staff recommends City Council approve an Ordinance for the 2022 Sewer Utility Fees. FINANCIAL IMPLICATIONS: The proposed 2022 sewer fees follow the financial plan that was developed during the 2020 Sanitary Sewer Utility Rate and Fee Study are critical to the funding of the sanitary sewer utility. The financial analyses completed to date defined the revenue requirements needed to fund the sewer collection and treatment systems and ensure that critical capital investments are made to support the necessary growth of the sanitary systems for the City of Englewood well into the future. Final refinements to the financial plan and the proposed fees occurred prior to the formal submission of the proposed 2022 budget. CONNECTION TO STRATEGIC PLAN: Infrastructure – A city that proactively and in a cost-effective manner invests in, maintains, and plans to protect its infrastructure. OUTREACH/COMMUNICATIONS: This proposed fee increase is inline with the 10-year financial plan for the Sewer Fund as developed in the 2020 rate study and as refined in 2021. Staff has communicated this proposed increase in fees with Council during the 2022 budgeting process. ATTACHMENTS: Council Bill #52 Page 60 of 402 1 BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 52 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 8 OF THE ENGLEWOOD MUNICIPAL CODE 2000 REGARDING WASTEWATER (SANITARY SEWER) CONNECTION AND COLLECTION FEES. WHEREAS, Sewer Connection and Collection Fees are established within Englewood Municipal Code §12-2-8; WHEREAS, Sewer Connection fees are collected at the time of filing an application for a sewer connection permit, and in addition thereto certain described properties are assessed an additional sewer collection system surcharge, all as set forth within E.M.C. 12- 2-8; WHEREAS, the Sewer Connection and Collection Fees were last amended pursuant to Ordinance 51, Series of 2020; WHEREAS, South Platte Renew performed a comprehensive cost of services analysis during 2019 to determine the current cost of providing wastewater (sanitary sewer) services within the City of Englewood and to the City of Englewood connector districts, and such analysis determined that the Sewer Connection and Collection Fees should be modified; and WHEREAS, the Englewood Water and Sewer Board recommended this proposed fee schedule at its regular meeting of October 12, 2021. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 12, Chapter 2, Section 8. Englewood Municipal Code Section 12-2-8 shall be amended as follows (deleted provisions struck through, new provisions underlined): 12-2-8: - Sewer Connection and Collection Fees. A. A sewer connection permit for a single-family, residential, and/or commercial and/or an industrial user shall remain in effect until terminated by the City. B. At the time of filing the application, sewer connection fees shall be paid in accordance with the following schedules adopted by Resolution of the City Page 61 of 402 2 Council and maintained in the City’s Rate and Fee Schedule: C. Single use sewer connection treatment and collection surcharge fees. 1. At the time of filing an application for a sewer connection permit, sewer connection fees for the following properties shall be increased by the addition of a collection system surcharge to the sewer connection fees established by this section Resolution of the City Council and maintained in the City’s Rate and Fee Schedule: a. Properties within the City which are not in an established sanitation district. b. Properties outside the City which are tributary to the Northeast Englewood Relief Sewer System which are not exempted by agreement from sewer connection surcharge. Water Meter Size Sewer Treatment Connection Fee Collection Surcharge Fee ¾" or less $1,969 $2,022 $401 $412 1" $3,283 $3,372 $669 $687 1½" $6,548 $6,725 $1,334 $1,370 2" $10,522 $10,806 $2,143 $2,201 3" $21,000 $21,567 $4,277 $4,392 4" $32,832 $33,718 $6,686 $6,867 6” $78,760 $80,887 $16,040 $16,473 8" $105,014 $107,849 $ 10" $150,955 $155,031 $ D. Multi-family and mobile home development sewer system connection and collection system surcharge fees. 1. The sewer connection and collection system surcharge fees for Multi- Family Residential properties consists of the greater of: (a) The sum of a base fee per connection and a three-tier dwelling unit fee based on the number of dwelling units. OR (b) The meter sized based connection fee. Page 62 of 402 3 2. For hotels and motels, the connection fee shall be seventy-five percent (75%) of the connection fee as set forth in this section. Sewer Treatment Connection Fee Collection System Surcharge Base Fee $1,477 $1,517 $301 $309 Dwelling Unit Fee (per dwelling unit) First 12 units $323 $332 $67 $69 Next 22 units $262 $269 $52 $53 Over 34 units $149 $153 $32 $33 E. Mixed use residential and commercial sanitary sewer connection and collection system surcharge fees. 1. Mixed use Residential and Commercial Sewer Connection and Collection system fees consist of the greater of: a. The sum of a base fee per connection, plus the per residential dwelling unit fee, plus a per commercial fixture unit fee based on the number of fixture units. OR b. The meter sized based connection fee. Sewer Treatment Connection Fee Collection System Fee Base Fee $1,477 $1,517 $301 $309 Dwelling Unit Fee (per dwelling unit) First 12 units $323 $332 $67 $69 Next 22 units $262 $269 $52 $53 Over 34 units $149 $153 $32 $33 Commercial Mixed Use Fees First 125 fixture units $47 $48 $10 $10.30 Next 250 fixture units $19 $20 $4 $4.10 Page 63 of 402 4 Over 375 fixture units $16 $16 $3 $3.10 F. Properties that connect to the Big Dry Creek interceptor system shall pay a sewer connection surcharge fee in the sum of one hundred dollars ($100.00) per single- family residential equivalent connection in addition to all other charges. G. The actual cost of any sewer main extension shall be recorded in the utilities office. Where such cost has not been paid, it shall be added to the plant assessment system connection fee to arrive at a total amount due. New sewer extension costs shall include the actual cost of construction plus ten percent (10%) to defray costs of engineering. The total costs shall be assessed in proportion to the front footage of the property served. H. Where a proposed connection will serve property for which a previous assessment has been paid, the previous connection fee shall be credited against the current connection fee in calculating the balance of the fee due. I. Nothing in this section shall be construed to alter the rates or terms contained in the connector's agreements heretofore existing between the City of Englewood and sanitation districts. J. No connection shall be made to the POTW without payment of the connection fees. Failure to pay fees before tapping to the POTW shall result in connection fees being doubled. Any fee or charge not paid shall constitute a lien on the subject property and be collected like taxes. Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: A. Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. B. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. E.M.C. Title 12, Chapter 2, Section 3, sets forth enforcement measures for failure to pay the assessed wastewater rates and fees, including disconnection of service. C. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further Page 64 of 402 5 determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 18th day of October, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of October, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of October, 2021 for thirty (30) days. Read by Title and passed on final reading on the 1st day of November, 2021. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2021, on the 4th day of November, 2021. Published by title on the City’s official website beginning on the 3rd day of November, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, 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 2021. Stephanie Carlile Page 65 of 402 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Community Development DATE: November 1, 2021 SUBJECT: Motion to approve a contract with AEC-West for supplemental building plan review and inspection services DESCRIPTION: Annual contract with AEC-West. The company provides building plan review and inspection services to supplement city staff. RECOMMENDATION: Staff recommends the approval of the proposed Professional Services Agreement with AEC- West for building plan review and inspection services as needed. PREVIOUS COUNCIL ACTION: City council approved Professional Services Agreement 19-33 in May 2019. In April 2020, city council approved Amendment #1 to the agreement with AEC-West Code Consultants. In April 2021, city council approved Amendment #2 of the agreement to expire December 31, 2021. SUMMARY: The Building Division of the Community Development Department utilizes a third-party consultant to review large projects such as the Swedish Hospital tower addition and new multi- story commercial and multi-family projects. The Building Division also utilizes inspection services provided by AEC-West when City of Englewood inspectors are on leave and inspections cannot be covered by remaining staff. Expenditures for the proposed services are included in the 2022 department budget. ANALYSIS: The division issued a Request for Proposals (RFP) in 2019 per the city procurement policies and received four proposals. After review, the Building Division chose AEC-West Code Consultants' proposal based on qualifications, timeliness of response, competitive pricing and knowledge of the city's policies and procedures. The Professional Services Agreement (PSA) signed in May 2019 provided for three annual renewal options. The Building Division is requesting a new PSA with AEC-West. The Building Division could perform all inspections and plan reviews with the exception of structural reviews. However, the plan reviews that are sent to the third party are highly technical and time consuming reviews. If current staff performed these reviews, the remaining 97 percent of reviews would be extended from the typical two to three week initial review to a review time of approximately two months. Page 66 of 402 Over the course of the last 18 months, the Building Division has experienced less need for third- party inspection services due to city inspection staff members having achieved additional certifications and training. However, without utilizing the services of a third-party in required circumstances, inspections may not be provided within the current service standard of 24 hours from the time of the request. They would extend to two to three days. An additional alternative would be the hiring of two to three additional staff members. Each additional full-time equivalent employee (FTE) would require an expenditure of approximately $85,000 per year. Since the number of large projects requiring outside review vary year to year, the additional permanent staffing costs would exceed the cost of the third-party consultant needed for plan review and inspections. CONCLUSION: The Building Division has determined that the utilization of a third-party consultant to be the most practical and cost efficient method through which to continue to provide quality and timely services to the community. Staff recommends entering into an optimal source PSA with AEC- West Code Consultants for plan review and inspection services due to their extensive institutional knowledge of the city's policies and procedures, their knowledge of current and upcoming projects and their extensive code knowledge. FINANCIAL IMPLICATIONS: The Professional Services Agreement, not to exceed $130,000, is for one year with three renewal options. The $130,000 is included in the Community Development 2022 professional services budget. The city is seeing an increase in large construction projects and thus, it may be necessary to amend the existing contract as well as the 2022 contract to request supplemental funds for third-party plan review fees. If needed, the additional funding would be covered by the plan review fees collected by the city, thus eliminating any budget shortfalls. CONNECTION TO STRATEGIC PLAN: The utilization of a third-party consultant for as-needed plan reviews and inspections ensures that the Building Division continues to provide effective and efficient services to the community as part of the city's commitment to good governance. ATTACHMENTS: Contract Approval Summary Professional Services Agreement Page 67 of 402 Contract Approval Summary Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Karen Montanez Phone: 303.762.2355 Title: Chief Building Official Email: kmontanez@englewoodco.gov Vendor Contact Information Vendor Name: AEC-West Consultants, Inc. Vendor Contact: James Horne Vendor Address: 4605 Quebec Street, Unit B8 Vendor Phone: 303.377.6963 x106 City: Denver Vendor Email: State: CO Zip Code: 80216 james@AEC-West.com Contract Type Contract Type:Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: 1/1/2022 End Date: 12/31/2022 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $130,000 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: 3 Payment terms (please describe terms or attach schedule if based on deliverables): Payable upon receipt of invoice Attachments: ☐Copy of original Contract if this is an Amendment ☐Copies of related Contracts/Conveyances/Documents The City is in need of building plan review and inspection services to supplement city staff plan review and inspection services. The City continues to have a high need to provide timely review of building plans and inspections for conformance with adopted codes. The need currently exceeds the capacity of existing city staff to meet service desires and is Page 68 of 402 Contract Approval Summary Page | 2 Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☐RFP: ☐ RFP Evaluation Summary Attached ☐ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☒Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☒ Qualification Based Selection / Best Value* (Continue on Next Page): Based on Section 6 of the city’s Procurement Procedural Document Supporting the Procurement Policy dated June, 2020, a formal competitive process is not required for professional services. Consultant has proven its reliability and understanding of the city’s building plan review and inspection services and works well with city staff. Consultant’s fees are competitive, if not below market. Consultant is currently working on projects that will carry over from 2021 to 2022. *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems CAPITAL ONLY A B C 1 = A‐B‐C Capital Operating Year Tyler / New World Project # / Task# Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining O 3033 02 801 54201 $415,000.00 ‐$ 130,000.00$ 285,000.00$ ‐$ ‐$ ‐$ ‐$ Total by Fund ‐ Current Year 415,000.00$ ‐$ 130,000.00$ 285,000.00$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ Grand Total $415,000.00 $0.00 $130,000.00 $285,000.00 CAPITAL & OPERATING EXPENSE Page 69 of 402 Contract Approval Summary Page | 3 5.) Familiarization with the City of Englewood Page 70 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA # 21-96 AEC West Consultants Inc PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/21-96 Plan Review and Inspection Services $130,000.00 (not to exceed) This Professional Services Agreement (the “Agreement”) is made as of this _____ day of ____________, 20__, (the “Effective Date”) by and between AEC West Consultants Inc., a Colorado corporation (“Consultant”), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado (“City”). City desires that Consultant, from time to time, provide certain consulting services, systems integration services, data conversion services, training services, and/or related services as described herein, and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Definitions. The terms set forth below shall be defined as follows: (a) “Intellectual Property Rights” shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask- works, (2) trademark and trade name rights and similar rights, (3) trade secret rights, (4) patents, designs, algorithms and other industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (6) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b) “Work Product” shall mean all patents, patent applications, inventions, designs, mask works, processes, methodologies, copyrights and copyrightable works, trade secrets including confidential information, data, designs, manuals, training materials and documentation, formulas, knowledge of manufacturing processes, methods, prices, financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared, documented and/or delivered by Consultant, pursuant to the provision of the Services. (c) "Contract" shall mean this instrument, Attachment A the Outline of the Statement of Work, Attachment B Consultant's Proposal, Attachment C Certificate of Insurance and any instruments, drawings and documents which are attached or incorporated by reference. The Consultant, by executing this Contract, agrees to comply with all such terms and conditions and attachments. In Page 71 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 PSA # 21-96 AEC West Consultants Inc addition, any exhibits provided by the Consultant, shall be incorporated and made a part of this Contract. 2. Statements of Work. During the term hereof and subject to the terms and conditions contained herein, Consultant agrees to provide, on an as requested basis, the consulting services, systems integration services, data conversion services, training services, and related services (the “Services”) as further described in Attachment A (the “Statement of Work”) for City, and in such additional Statements of Work as may be executed by each of the parties hereto from time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall incorporate all terms and conditions contained in this Agreement 3. Performance of Services. (a) Performance. Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications, if any, set forth in the Statement of Work, and in accordance with industry standards. Consultant agrees to exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b) Delays. Consultant agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Consultant’s ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work. If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice. City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion, City shall pay to Consultant the resolved amount. 5. Taxes. City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Consultant. Upon written notification by City and subsequent verification by Consultant, Consultant shall reimburse or credit, as applicable, City in a Page 72 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 PSA # 21-96 AEC West Consultants Inc timely manner, for any and all taxes erroneously paid by City. City shall provide Consultant with, and Consultant shall accept in good faith, resale, direct pay, or other exemption certificates, as applicable. 6. Out of Pocket Expenses. Consultant shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance in writing by City, provided Consultant has furnished such documentation for authorized expenses as City may reasonably request. 7. Audits. Consultant shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Consultant’s operations and compliance with this Agreement. Consultant shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other customer of Consultant are not impacted adversely. 8. Term and Termination. The term of this Agreement shall commence on the date when both parties have signed the Agreement, and shall continue for one-year, unless this Agreement is terminated as provided in this Section 8. At the end of the initial one-year period, if the parties desire to extend this Agreement beyond the one-year period, written notice shall be given to the other party no later than thirty (30) days prior to the end of the one- year period by the Consultant. If the parties agree to the renewal, the parties shall then enter into a renewal extending this Agreement including a new Statement of Work, if necessary. The parties understand and acknowledge that any renewal of this Agreement may be subject to the approval of the Englewood City Council pursuant to the City's Purchasing Policies. The parties also understand and acknowledge that the one-year extension is contingent upon the City appropriating adequate funds for each fiscal year. (a) Convenience. City may, without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Consultant, pay Consultant for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. (b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Work. (c) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party. (d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors; (2) applies for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian, or liquidator for its business or all or substantially all of its assets; (3) files, or consents to or acquiesces in, a petition seeking relief or reorganization under any Page 73 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 PSA # 21-96 AEC West Consultants Inc bankruptcy or insolvency laws; or (4) files a petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60) days after it was filed. (e) TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31. Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. (f) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Consultant to perform its obligations hereunder. City shall provide to Consultant’s employees performing its obligations hereunder at City’s premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third-party hardware or software operated by or on behalf of City, City shall, at no expense to Consultant, obtain all consents, licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 10. Staff. Consultant is an independent consultant and neither Consultant nor Consultant’s staff is, or shall be deemed to be employed by City. City is hereby contracting with Consultant for the Services described in a Statement of Work and Consultant reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Consultant or Consultant’s staff, and City shall not be required to hire, supervise or pay any assistants to help Consultant perform the Services under this Agreement. Except to the extent that Consultant’s work must be performed on or with City’s computers or City’s existing software, all materials used in providing the Services shall be provided by Consultant. 11. Confidential Information. (a) Obligations. Each party hereto may receive from the other party information which relates to the other party’s business, research, development, trade secrets or business affairs (“Confidential Information”). Subject to the provisions and exceptions set forth in the Colorado Open Records Act, CRS Section 24-72-201 et seq., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information of a similar nature, but in no event less than a reasonable degree of care. Without limiting the generality of the foregoing, each party hereto agrees not to disclose or permit any other person or entity access to the other party’s Confidential Page 74 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 PSA # 21-96 AEC West Consultants Inc Information except such disclosure or access shall be permitted to an employee, agent, representative or independent consultant of such party requiring access to the same in order to perform his or her employment or services. Each party shall insure that their employees, agents, representatives, and independent consultants are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section 11. Further, each party agrees not to alter or remove any identification, copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession, use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced by written documentation; (2) subsequently becomes publicly available through no fault of that party; (3) is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure; or (4) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure. (b) Know -How. For the avoidance of doubt neither City nor Consultant shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c) Remedies. Each of the parties hereto agree that if, their officers, employees or anyone obtaining access to the Confidential Information of the other party by, through or under them, breaches any provision of this Section 11, the non-breaching party shall be entitled to an accounting and repayment of all profits, compensation, commissions, remunerations and benefits which the breaching party, its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach. In addition to, and not in limitation of the foregoing, in the event of any breach of this Section 11, the parties agree that the non-breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non-breaching party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party, its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12. Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of Work, who shall act for that party on all matters under the Statement of Work. Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work. 13. Warranties. (a) Authority. Consultant represents and warrants that: (1) Consultant has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Consultant, and the performance by Consultant of its obligations Page 75 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 PSA # 21-96 AEC West Consultants Inc and duties hereunder, do not and will not violate any agreement to which Consultant is a party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Consultant, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms; and (4) Consultant acknowledges that City makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement (b) Service Warranty. Consultant warrants that its employees and consultants shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c) Personnel. Unless a specific number of employees is set forth in the Statement of Work, Consultant warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work. During the course of performance of Services, City may, for any or no reason, request replacement of an employee or a proposed employee. In such event, Consultant shall, within five (5) working days of receipt of such request from City, provide a substitute employee of sufficient skill, knowledge, and training to perform the applicable Services. Consultant shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. (d) Compensation and Benefits. Consultant shall provide for and pay the compensation of employees and shall pay all taxes, contributions, and benefits (such as, but not limited to, workers’ compensation benefits) which an employer is required to pay relating to the employment of employees. City shall not be liable to Consultant or to any employee for Consultant’s failure to perform its compensation, benefit, or tax obligations. Consultant shall indemnify, defend and hold City harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 14. Indemnification. (a) Consultant Indemnification. Consultant shall indemnify, defend and hold harmless City, its directors, officers, employees, and agents and the heirs, executors, successors, and permitted assigns of any of the foregoing (the “City Indemnitees”) only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the Consultant, from and against all losses, claims, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries, damage to tangible property, and other damages, of any kind or nature, suffered or incurred by a City Indemnitee directly or indirectly arising from or related to: (1) any negligent or intentional act or omission by Consultant or its representatives in the performance of Consultant’s obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Consultant contained in this Agreement. (b) Infringement. Consultant will indemnify, defend, and hold City harmless from all Indemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party; provided, however, that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on: (1) use of the Work Product in combination with products or Page 76 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 PSA # 21-96 AEC West Consultants Inc services not provided by Consultant to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwithstanding anything else contained in this Agreement, no obligation to indemnify which is set forth in this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the claim, suit or proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided, however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys, all at such party’s cost and expense; provided further, however, that no settlement or compromise of an asserted third-party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification. (d) Immunity. City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. Insurance. (a) Requirements. Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1) The Consultant shall comply with the Workers’ Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’ Compensation claims arising from performance of the work under this contract. Workers’ Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, as well as the Employers’ Liability within the minimum statutory limits. (2) Commercial General Liability Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than three million dollars ($3,000,000) per occurrence. (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of Consultant’s operations or Services in an amount not less than one million dollars ($1,000,000) per occurrence. (4) Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Consultant personnel, acting alone or with others, in an amount not less than one million dollars ($1,000,000) per occurrence. (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country, state or territory where the Services are being performed. (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 Page 77 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 PSA # 21-96 AEC West Consultants Inc (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance will list the City of Englewood as an additional insured. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days’ notice of such cancellation, reduction or material change has been provided to City. 16. Rights in Work Product. (a) Generally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to the Work Product produced or provided by Consultant under any Statement of Work shall remain the property of Consultant. With respect to the Work Product, Consultant unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights, a non-exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual property Rights. (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and consultants shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17. Relationship of Parties. Consultant is acting only as an independent consultant and does not undertake, by this Agreement, any Statement of Work or otherwise, to perform any obligation of City, whether regulatory or contractual, or to assume any responsibility for City’s business or operations. Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work. 18. Complete Agreement. This Agreement contains the entire agreement, including all Exhibits, Statements of Work and other Attachments that have been executed by the parties, and are attached hereto and made a part of this Agreement. 19. Applicable Law. Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. (a) Attorney Fees. In the event that either party to this Agreement shall commence any action against the other party arising out of or in connection with this Agreement, or contesting the validity of the Agreement or any provision of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs, fees and expenses incurred by the prevailing party in connection with such action or proceeding. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the Page 78 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 PSA # 21-96 AEC West Consultants Inc whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Additional Work. After receipt of a Statement of Work, City, with Consultant’s consent, may request Consultant to undertake additional work with respect to such Statement of Work. In such event, City and Consultant shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22. Sub-consultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier, specifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24. Assignment. This Agreement may not be assigned by Consultant without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 25. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26. Headings. The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation. The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement. The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into this Agreement. 27. Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not affect in any way the full right to require such performance at any subsequent time; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28. Force Majeure. If performance by Consultant of any service or obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communications failures, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any governmental or judicial authority or representative of any such government, or any other act whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Consultant, then Consultant shall be excused from such performance to the extent of such prevention, restriction, delay or interference. If the period of such delay exceeds thirty (30) days, City may, without liability, terminate the affected Statement of Work(s) upon written notice to Consultant. Page 79 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 PSA # 21-96 AEC West Consultants Inc 29. Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30. Permits. Consultant shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Consultant shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31. Media Releases. Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Consultant, all media releases, public announcements, or public disclosures (including, but not limited to, promotional or marketing material) by Consultant or its employees or agents relating to this Agreement or its subject matter, or including the name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Consultant shall not represent directly or indirectly that any Services provided by Consultant to City has been approved or endorsed by City or include the name, trade mark, or symbol of City on a list of Consultant’s customers without City’s express written consent. 32. Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppliers services similar to the Services. Consultant agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Consultant prior to or during the term of this Agreement shall not constitute commitments. 33. Survival. The provisions of Sections 5, 8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 shall survive any expiration or termination for any reason of this Agreement. 34. Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Hiring of Workers without Authorization: (a) Employees, Consultants and Sub-consultants: Consultant shall not knowingly employ or contract with a Worker without Authorization to perform work under this Contract. Consultant shall not contract with a sub-consultant that fails to certify to the Consultant that the sub-consultant will not knowingly employ or contract with a Worker without Authorization to perform work under this Contract. [CRS 8-17.5-102(2)(a)(I) & (II).] (b) Verification: Consultant will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8- 17.5-101 (3.3) and 8-17.5-101 (3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. Consultant is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Consultant obtains actual knowledge that a sub-consultant performing work under this Contract knowingly employs or contracts with a Worker without Authorization, the Consultant shall; Page 80 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 11 PSA # 21-96 AEC West Consultants Inc (1) notify the sub-consultant and the City within three days that the Consultant has actual knowledge that the sub-consultant is employing or contracting with a Worker without Authorization; and (2) terminate the subcontract with the sub-consultant if, within three days of receiving notice required pursuant to this paragraph the sub- consultant does not stop employing or contracting with the Worker without Authorization; except that the Consultant shall not terminate the contract with the sub-consultant if during such three days the sub- consultant provides information to establish that the sub-consultant has not knowingly employed or contracted with a Worker without Authorization. (d) Duty to Comply with State Investigation: Consultant shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5) (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Consultant’s breach of any section of this paragraph or provisions required pursuant to CRS 8-17.5-102. Consultant shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph 34. Page 81 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 12 PSA # 21-96 AEC West Consultants Inc IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By: ___________________________________Date:___________ (Department Director) By: ___________________________________Date:___________ (City manager) AEC West Consultants Inc. (Consultant Name) ______________________________________ Address ______________________________________ City, State, Zip Code By: (Signature) ________________________________ (Print Name) Title: ______________________________ Date: ______________________________ James P. Horne 4605 Quebec Street, Unit B8 Denver, CO 80216 October 4, 2021 President Page 82 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 13 PSA # 21-96 AEC West Consultants Inc ATTACHMENT A OUTLINE OF STATEMENT OF WORK 1. GENERAL Statement of Work for Professional Services Agreement between the City of Englewood, Community Development Department (City) and AEC West Consultants, Inc. (Consultant), effective January 1, 2022 through December 31, 2022, with three annual renewal options. 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Community Development: Karen Montanez, Chief Building Official 303.762.2355 kmontanez@englewoodco.gov AEC-West Consultants, Inc.: James Horne, Principal 303.377.6963 x106 james@AEC-West.com 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK The City is in need of building plan review and inspection services to supplement city staff plan review and inspection services. The City continues to have a high need to provide timely review of building plans and inspections for conformance with adopted codes. The need currently exceeds the capacity of existing city staff to meet service desires and is expected to continue. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) City shall provide Consultant with a list of requested inspections and supporting documents. 5. OTHER CONSULTANT RESOURCES No additional consultants shall be engaged without prior written approval by the City. 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES A. Projects will include typical residential and commercial projects, including the full range from new-builds to remodels and additions; structural engineering plan reviews; and residential and commercial roof, mechanical, plumbing and/or electrical inspections. Work may also include unusual projects with which the city staff has limited experience. B. Consultant will provide code compliant plan review and inspection services on an as requested basis using qualified professionals. Services will be provided per the City’s adopted codes, amendments and ordinances. Page 83 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 14 PSA # 21-96 AEC West Consultants Inc C. Consultant will provide written reports of code deficiencies, including architectural/accessibility, mechanical, plumbing, electrical, and structural. D. Consultant will review all schematics, design development, and permits as requested. E. Consultant will attend any Building Division and design team meetings as requested. F. Consultant will provide resolution of deficiencies and verification of permit documents. G. Consultant will provide a 2 to 3 week turnaround on most projects. 7. SPECIAL TERMS, IF ANY A. Consultant is not obligated to perform services beyond what is contemplated by the Agreement. Any changes or additions to the scope of work shall be done in writing and shall specifically state the additional fees, if any, for such changes. B. Consultant is under no obligation to perform and will not perform any inspection services relating to site infrastructure including roads, parking lots, landscaping, drainage or other matters not included as building code issues. C. The Professional Services Agreement for services rendered will not exceed One Hundred Thirty Thousand Dollars ($130,000.00). 8. MODE OF PAYMENT Payment will be made to Consultant in the form of a check. 9. PAYMENT SCHEDULE A. Consultant shall submit an invoice to the City for work completed and reimbursable expenses incurred on a monthly basis. City will pay Consultant within 30 days of receipt of said invoice. B. City will pay Consultant for work in accordance with the following payment schedule. All payments are contingent on Consultant’s satisfying the Deliverables/Milestones set forth in paragraph 10. Schedule and Performance Milestone. Payments shall be made upon City’s written confirmation to Consultant that the Deliverables/Milestones have been satisfied. Page 84 of 402 Page 85 of 402 Page 86 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 17 PSA # 21-96 AEC West Consultants Inc AEC WEST CONSULTANTS, INC. By: (Signature) James P. Horne________ (Print Name) Title: Principal Date: October 4, 2021 Page 87 of 402 COUNCIL COMMUNICATION TO:Mayor and Council FROM:Vance Fender DEPARTMENT:Police DATE:November 1, 2021 SUBJECT: AllHealth Network contract renewal 2022 DESCRIPTION: This is a one year contract extension between AllHealth Network and the City of Englewood for mental health co-responder and case manager coverage RECOMMENDATION: Staff recommends approval of this one year contract extension with All Health Network for 2022. PREVIOUS COUNCIL ACTION: In June of 2019, the Police Department brought on a Co-Responder from AllHealth Network to provide mental health services to those individuals experiencing homelessness or who were undergoing a mental health crisis. In January of 2020 the City of Englewood entered into a contractual agreement with the AllHealth Network in order to expand these services. In April of 2021 Council approved further expansion of the Co-Responder program with the addition of a full time Case Manager. SUMMARY: This is a one year contract extension with AllHealth Network for 2022. This contract specifies providing two licensed clinicians (Co-Responders) for a minimum of 80 hours per week, one homeless outreach case manager for a minimum of 40 hours per week, and one case manager for 8 hours per week. This contract also provides training to all department personnel in crisis response, de-escalation, recognition of mental health and behavioral issues, recognition of substance abuse/intoxication and intervention techniques. ANALYSIS: CO-RESPONDER PLAN AND PROGRAM GOALS Provide licensed individuals to work collaboratively with members of the Department, including CIT certified officers, when the Police Department is responding to requests for emergency services for situations indicating a mental or behavioral health and/or substance abuse issue. Provide un-licensed bachelor’s level case manager for response to homeless and at-risk of homeless issues. The primary goals City expects to achieve through the co-responder system are: A. To reduce actual or perceived conflicts arising out of calls for police assistance regarding mental or behavioral health crises or substance abuse issues; B. To address the needs, desires and concerns of the community regarding establishment of a health-related response to those experiencing mental or behavioral health crises or substance abuse issues; Page 88 of 402 C. To establish a larger range of responses to those individuals experiencing a mental or behavioral health crisis, substance abuse issue or issue related to being homeless when law enforcement intervention/assistance has either been requested, or when a mental or behavioral health crisis or substance abuse issue has been identified by law enforcement in the course of their duties; D. To effectively provide appropriate resources and disposition for those individuals experiencing a mental or behavioral health crisis, substance abuse issue or homeless/at-risk of homeless issue. E. To provided outreach and resources to homeless individuals and those at risk of becoming homeless as well as outreach and integration with community agencies supporting homeless issues CONCLUSION: Staff recommends approval of this contract extension. FINANCIAL IMPLICATIONS: The total cost for this 2022 contract extension is $262,707.00. This amount is fully funded in the 2022 Police Department budget. CONNECTION TO STRATEGIC PLAN: The Co-Responder is directly aligned with the City of Englewood's Strategic Plan for "Safety." Ensure Co-Responder program includes case management by adding staff/resources; ensure proactive outreach to repeat CIT contacts. (2021) ATTACHMENTS: AllHealth Network contract extension COE Contract Approval Summary Page 89 of 402 RENEWAL AGREEMENT #1 TO PROFESSIONAL SERVICES AGREEMENT (PSA/21-01) BETWEEN ALL HEALTH NETWORK dba ARPAHOE DOUGLAS MENTAL HEALTH NETWORK AND THE CITY OF ENGLEWOOD FOR THE PROVISION OF MENTAL HEALTH SERVICES IN COLLABERATION WITH THE ENGLEWOOD POLICE DEPARTMENT TO PROVIDE CO-RESPONDER SERVICES THIS RENEWAL AGREEMENT #1 to the Professional Services Agreement (PSA/21- 01) of January 1, 2021, made and entered into on this ____ day of ________________, 2021 by and between the City of Englewood hereinafter referred to as “City” and All Health Network hereinafter referred to as “Consultant” and collectively referred to as the “Parties”. WHEREAS, on January 1, 2021 the Parties entered into a Professional Services Agreement (“PSA”) wherein the Consultant would provide mental and behavioral health services in collaboration with the Englewood Police Department ("EPD") to provide co-responder calls for service regarding, but not limited to, contact with individuals suffering from mental and behavioral health crises and substance abuse issues. WHEREAS, pursuant to Section 8 of the PSA, the parties may enter into a renewal of the Agreement for an additional one-year period; WHEREAS, during the past year the Consultant has provided mental and behavioral co- responder support services pursuant to the Outline of Statement of Work accompanying the PSA, and within the time frames set forth in the Agreement; WHEREAS, the Parties desire to renew this Agreement for the continued mental and behavioral co-responder services in conjunction with the EPD; and WHEREAS, the Parties will continue to operate and abide by the terms and conditions of PSA/21-01 entered into by the Parties on January 1, 2021. NOW, THEREFORE, City and the Consultant agree to this Renewal Agreement #1 as follows: I. SCHEDULE A – OUTLINE OF STATEMENT OF WORK The Outline of Statement of Work attached hereto and incorporated herein outlines the understanding and performance that each Party shall provide to each other pursuant to the terms and conditions of the PSA/21-01, for the fiscal year 2022. II. COMPENSATION Page 90 of 402 Compensation and Payment for the services described in the Outline of Statement of Work, attached hereto, shall be per the terms of Section 4 of the PSA/21-01 and Section 9 of the Statement of Work, in the amount of $262,707.00. IN WITNESS WHEREOF, the City and Contractor do hereby execute this Renewal Agreement #1 to the Professional Services Agreement (PSA/21-01). CITY OF ENGLEWOOD, COLORADO By: __________________________________ Date: ________________________________ (Mayor) By: __________________________________ Date: ________________________________ (Department Director) By: __________________________________ Date: _______________________________ (City Manager) CONSULTANT: ALL HEALTH NETWORK dba ARAPAHOE DOUGLAS MENTAL HEALTH NETWORK By: __________________________________ (Signature) __________________________________ (Print Name) Title: __________________________________ Date: __________________________________ Page 91 of 402 SCHEDULE A OUTLINE OF STATEMENT OF WORK FOR RENEWAL #1 TO THE PROFESSIONL SERVICES AGREEMENT (PSA/21-01) (Provide the requested below information) 1. GENERAL AllHealth Network dba Arapahoe Douglas Mental Health Network and the City of Englewood Police Department, January 1, 2022 to December 31, 2022 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Bill Henricks, bhenricks@allhealthnetwork.org, 303-730-8858 Reid McGrath, rmcgrath@englewoodco.gov, 303-762-2379 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK 1. OBJECTIVE Provide mental and behavioral health services as well as homeless case management in collaboration with the Englewood Police Department (“Department”) to provide co-responder and/or homeless management response to calls for service regarding, but not limited to, contact with individuals suffering from mental and behavioral health crises and substance abuse issues as well as homeless and at-risk of being homeless issues. The Agreement entered into as a result of this RFP will be for a period of one year with up to two annual renewals for a total agreement of up to three years. 2. PLAN AND PROGRAM GOALS Provide licensed individuals to work collaboratively with members of the Department, including CIT certified officers, when the Department is responding to requests for emergency services for situations indicating a mental or behavioral health and/or substance abuse issue. Provide un- licensed bachelor’s level case manager for response to homeless and at-risk of homeless issues. The primary goals City expects to achieve through the co-responder system are: A. To reduce actual or perceived conflicts arising out of calls for police assistance regarding mental or behavioral health crises or substance abuse issues; B. To address the needs, desires and concerns of the community regarding establishment of a health-related response to those experiencing mental or behavioral health crises or substance abuse issues; C. To establish a larger range of responses to those individuals experiencing a mental or behavioral health crisis, substance abuse issue or issue related to being homeless when law enforcement intervention/assistance has either been requested, or when a mental or behavioral health crisis or substance abuse issue has been identified by law enforcement in the course of their duties; D. To effectively provide appropriate resources and disposition for those individuals experiencing a mental or behavioral health crisis, substance abuse issue or homeless/at-risk of homeless issue. E. To provided outreach and resources to homeless individuals and those at risk of becoming homeless as well as outreach and integration with community agencies supporting homeless issues. Page 92 of 402 3. SCOPE OF WORK and SERVICES Provider will: A. Provide evidence of licensing by the Colorado Department of Human Services, and Colorado Department of Public Health in the areas of assessment and treatment planning, outpatient services, life transitions, and severe and persistent mental, behavioral, and substance abuse illnesses. B. Assign two licensed clinicians to the Department for a minimum of eighty (80) hours per week, forty-seven (47) weeks per year, for a total of 3,760 hours per year. C. Assign one un-licensed homeless outreach case manager (bachelor’s level) for a minimum of forty (40) hours per weeks, forty-seven (47) weeks per year, for a total of 1,880 hours per year. D. Assign one Case Manager, eight (8) hours per week, forty-seven (47) weeks per year, for a total of 376 hours per year E. Be capable of providing services both during regular business hours and outside of regular business hours to address crisis situations, including times ranging from 7:00 a.m. to 12:00 a.m., seven days per week, excluding Provider holidays. F. Provide training to all Department personnel in crisis response, de-escalation, recognition of mental and behavioral health issues, recognition of substance abuse/intoxication, and intervention techniques, in addition to any other training Provider determines necessary to establish the strongest possible Department/Provider team response to a crisis call out or call for service. Such training will be conducted within the regular hours the clinician(s) is/are at Department. G. Provide and keep updated all background checks for all clinicians and case managers assigned to Department. H. Ensure all clinicians and case managers assigned to Department will abide by Department standards for professionalism. I. Attend any meetings of the Department and outside agencies at which Provider’s presence is requested by Department. J. Provide for training and outreach to the community regarding mental and/or behavioral crisis response or substance abuse issues as requested within the contractual hours as deemed necessary by Department. K. Partner with at least one Community Based Organizations ("CBO") to provide for additional support to individuals who are experiencing homelessness in addition to their mental or behavioral health crisis or substance abuse issue. L. Provide assistance to the Department in the creation of an alternative emergency police response program(s) for crisis intervention through the 911 emergency system and/or other identified approaches. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) City will provide radios, ballistic vests if requested, transportation options, access to city email and police records as appropriate, desk or sitting space with access to computer and phone and incidentals. 5. OTHER CONSULTANT RESOURCES See above 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES See above Page 93 of 402 7. SPECIAL TERMS, IF ANY None 8. MODE OF PAYMENT Check or other acceptable transfer of funds 9. PAYMENT SCHEDULE City will pay Consultant for the work in accordance with the following payment schedule. All payments to Consultant are contingent on Consultant’s satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City’s written confirmation to Consultant that the Deliverables-Milestones have been satisfied. 10. SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by Consultant. Contract paid monthly upon receipt of invoice documenting hours worked by providers 11. ACCEPTANCE AND TESTING PROCEDURES N/A 12. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by Consultant at its regular office located in ___N/A________. City will provide City office space and support as it agrees may be appropriate, at its Englewood Police Department facility. Page 94 of 402 IN WITNESS WHEREOF, pursuant and in accordance with the Renewal Agreement 31 to the Professional Services Agreement (PSA/21-01) between the parties hereto dated January 1, 2021, the parties have executed this Statement of Work as of this ______ day of ________________, 2021. CITY OF ENGLEWOOD, COLORADO By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ ALL HEALTH NETWORK, dba ARAPAHOE DOUGLAS MENTAL HEALTH NETWORK By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Page 95 of 402 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Reid McGrath Phone: 303-762-2379 Title: Sergeant Email:RMcGrath@englewoodco.gov Vendor Contact Information Vendor Name: AllHealth Network dba Arapahoe Douglas Mental Health Network Vendor Contact: Bill Hendricks Vendor Address: 116 Inverness Drive Vendor Phone: 303-730-8858 City: Englewood Vendor Email: BHendricks@allhealthnetwork.com State: CO Zip Code: 80112 Contract Type Contract Type:Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: 01/01/2022 End Date: 12/31/2022 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $ 262,707 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: One additional available for 2023 Payment terms (please describe terms or attach schedule if based on deliverables): Monthly billing based on invoice from AllHealth Assignment of two licensed clinicians to the Department for a minimum of eighty (80) hours per week, forty-seven (47) weeks per year, for a total of 3,760 hours per year. Assignment of one homeless outreach case manager for a minimum of forty (40) hours per week, forty-seven (47) weeks per year, for a total of 1,860 hours per year. Assignment of one Case Manager, eight (8) hours per week, forty-seven (47) weeks per year, for a total of 376 hours per year, and provide three (3) hours of management/leadership supervision, in addition to the total hours. Page 96 of 402 Contract Approval Summary March 2019 Update Page | 2 Attachments: ☐Copy of original Contract if this is an Amendment ☐Copies of related Contracts/Conveyances/Documents Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☐RFP: ☐ RFP Evaluation Summary Attached ☐ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☐ Qualification Based Selection / Best Value* (Continue on Next Page): *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems 5.) Familiarization with the City of Englewood CAPITAL ONLY A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining C 2022 -$ O 2022 02 1101 54201 Professional Services 265,079.00$ -$ 262,707.00$ 2,372.00$ -$ -$ Total by Fund - Current Year 265,079.00$ -$ 262,707.00$ 2,372.00$ C -$ -$ -$ -$ O -$ -$ -$ -$ Total by Fund - Year Two -$ -$ -$ -$ Grand Total 265,079.00$ -$ $0.00 2,372.00$ CAPITAL & OPERATING EXPENSE Page 97 of 402 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie McKinnon DEPARTMENT: City Clerk's Office DATE: November 1, 2021 SUBJECT: Removal of an Englewood Housing Authority Alternate Member DESCRIPTION: Removal of Englewood Housing Authority Alternate Member RECOMMENDATION: The Englewood Housing Authority respectfully requests the City Council remove, by Motion, Member Ogonosky from the committee due to lack of attendance at our scheduled EHA meetings. PREVIOUS COUNCIL ACTION: Alternate Member Ogonosky was appointed on July 1, 2020 by City Council. ANALYSIS: ATTENDANCE POLICY Attendance is reviewed based upon a twelve (12) month term (annual term) of service. The first year of the term of service begins on the first day of the first month of which the appointment occurred (first day of annual term) and concludes on the last day of the twelfth month following the first day of the annual term. All board, commission, and committee members shall be deemed to have regular attendance if they attend at least seventy-five percent (75%) of all meetings within each twelve (12) month term of service. No differentiation is made between excused or unexcused absences of members. Members who miss more than 60% of the meetings during any annual term may be removed upon recommendation of the Chair of the board, commission or committee, and action of the City Council. Members seeking reappointment, or appointment to another board, commission, or committee must have regular attendance verified. Verification shall be attested to by the Chair of such board, commission, or committee. REMOVAL OF MEMBERS Except as otherwise limited by applicable law or ordinance, the City Council may, by majority vote during a regular meeting, remove any of the appointed members of a City board, commission, or committee in accordance with Charter §53. CONCLUSION: The alternate position with be filled in February 2022. Page 98 of 402 ATTACHMENTS: Englewood Housing Authority Committee Memo Page 99 of 402 4 y/<4’/L A.Innovative Also known as Englewood Housing Authority To:Englewood City Council From:Colleen Nebel,Chair of Englewood Housing Authority’s Board of Commissioners Date:October 19”‘,2021 Re:Removal of Alternate Board Member Marc Ogonosky All board,commissioner,and committee members shall be deemed to have regular attendance if they attend at least seventy-five percent (75%)of all meetings within each twelve (12)month term of service.No differentiation is made between excused or unexcused absences of members.Members who miss more than 60%of the meetings during any annual term may be removed upon recommendation of the Chair of the board,commission or committee,and action of the City Council. Alternate Commissioner Ogonosky has not met the regular attendance threshold and Englewood Housing Authority’s Board of Commissioners is asking he be removed and a new alternate be appointed to take his place.Commissioner Ogonsky has stated previously he desired to remain on the board but he has also not contributed to the agenda items nor has he communicated via email or phone that he would not be in attendance at any of the meetings Alternate Member Oganosky was appointed on July 1,2020.Below is his attendance record: July 3,2020 —Attended August 7,2020 —Absent September 4,2020 —Attended October 2,2020 -Absent November 6,2020 —Absent December 4,2020 —Absent January 6,2021 -Absent February 24,2021 —Absent March 3,2021 —Absent April 7,2021 -Absent May 5,2021 —Absent June 2,2021 —Absent July 7,2021 -Absent August 4,2021 —Absent September 1,2021 —Absent October 6,2021 Absent 10/19/20211 Page 100 of 402 COUNCIL COMMUNICATION TO: Mayor and Council FROM: John Donakowski DEPARTMENT: Public Works DATE: November 1, 2021 SUBJECT: Consideration of Change Order for the EEF RTD Elevator Modernization 1-4 DESCRIPTION: Change Order with TK Elevator for RTD Elevator Modernization RECOMMENDATION: Staff recommends that the City Council approve, by motion, Change Orders No.1 through 4 with the contractor, TK Elevator Corporation, to complete required additional code compliance work for the Englewood Environmental Foundation (EEF) Englewood Station RTD Elevator in the amount of $60,004.00. PREVIOUS COUNCIL ACTION: A contract with TK Elevator Corporation for elevator modernization, in the amount of $133,236.00 was approved by the City Council on March 1, 2021. SUMMARY: A contract was established in March 2021 for the full modernization of the RTD Elevator which includes replacement of the controller, power unit, car, hoist way, elevator pit components, and complete door equipment. Since then, additional unforeseen code compliance work has been identified and is required in order to finalize the project. Staff met with the Fire Marshall to confirm the updated code requirements. This change order is being brought before City Council for consideration due to the fact that the total contract amount will increase by 45% to $193,240, which exceeds the threshold for administrative approval in the city's Procurement Policy. The EEF Board approved this additional expense on October 5, 2021. ANALYSIS: Emergency Services was called on December 28, 2020 in response to an individual that was trapped inside the elevator. The Fire Department forced open the elevator doors which left the elevator unresponsive indefinitely. The elevator is inoperable until the repairs can be made. This elevator is more than 20 years old and has been severely worn down by the outdoor elements and extensive vandalism. Typical outdoor elevators have a life expectancy of 20-25 years. Page 101 of 402 The benefits of modernization include: increased durability and reliability, improved fire and safety features, decreased waiting times, reduced energy consumption, reduced operation costs, and reduced troubleshooting time. Being that the elevator was built 20 years ago, code compliance has included many revisions which has ultimately equated to additional work being required to bring the elevator up to current code. The additional work includes: • Cleaning and draining of the elevator pit; • Furnishing and installing a new sump pump in pit; • Sub-contractor fees to create construction plans that are required for permitting; and • Installation of a glycol fire system in the elevator pit for code compliance. All of the additional work is necessary in order to get the elevator operational again. This project is anticipated to be completed in early-2022. TK Elevator Corporation is considered a sole source vendor due to being the original manufacturer of the elevator and the fact that they provide maintenance service per the current service agreement. Therefore, only one proposal was solicited. CONCLUSION: Staff recommends approval of Change Orders No.1 though 4 with TK Elevator in the amount of $60,004.00 for additional unforeseen upgrades required for code compliance. The EEF Board approved this additional expense on October 5, 2021. FINANCIAL IMPLICATIONS: This change order will be funded from the Englewood Environmental Foundation (EEF) account number 85-8501-55401 - R&M General. Adequate funds are available in the EEF budget for this additional work as shown on the attached Contract Approval Summary. CONNECTION TO STRATEGIC PLAN: Strategic Outcome: Sustainability A city that protects its natural environment • Maintain the current built environment and maximize the lifecycle of newer high-profile buildings (police station, schools) ATTACHMENTS: Contract Approval Summary Change Order Resolution Modernization Proposal (dated 2/1/2021) RTD Elevator Map (10.20.21) Page 102 of 402 Contract Approval Summary V10/25/2017 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number:Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: John Donakowski Phone: 303-762-2532 Title: Facilities Project Manager Email:jdonakowski@englewoodco.gov Vendor Contact Information Vendor Name: TK Elevator Corporation Vendor Contact: Spencer Marx Vendor Address:7367 S. Revere Pkwy., Unit 2A Vendor Phone: 719-238-6706 City: Denver Vendor Email: spencer.marx@tkelevator.com State: CO Zip Code: 80112 Contract Type Contract Type:Construction Agreement Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☐Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: 3/8/21 End Date: Early 2022 Total Years of Term: Total Amount of Contract for term (or estimated amount if based on item pricing): If Amended: Original Amount $133,236.00 Amendment Amount $60,004.00 Total as Amended: $193,240.00 Renewal options available: Modernization of RTD Elevator will allow the elevator to be completely modernized by replacement of the controller, power unit, jack replacement, car components, hoist way components, pit components, and door equipment. Addition of work to drain and power wash pit with proper disposal of all drained liquid. Existing elevator pit has never been drained and cleaned. Furnish and install new sump pump in pit with discharge piping to exterior wall of hoist way. Addition of work by subcontractor to create CAD files required for permitting. Installation of glycol fire suppression system in elevator pit as per code compliance requirement. Change order pricing also includes stand down labor for work performed. Page 103 of 402 Contract Approval Summary V10/25/2017 Page | 2 Payment terms (please describe terms or attach schedule if based on deliverables): Payable within 30 days of approved invoice. Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Source of funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor: ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of proposed awardee ☐RFP: ☐ RFP Evaluation Summary attached ☐ RFP Response of proposed awardee ☐Quotes: Copy of Quotes attached ☒Sole Source: Explain Need below TK Elevator is considered sole source due to being the original manufacturer of the elevator and the current ongoing Service Agreement enrolled in. Pricing for material would be exponentially lower than a non-manufacture vendor. Page 104 of 402 Contract Approval Summary V10/25/2017 Page | 3 ☐Other: Please describe Page 105 of 402 Page 106 of 402 15 15 15 45 Mayor 30 30 30 Page 107 of 402 Subcontract Change Order Date: 07/01/2021 This Change Order is made at the request of the above-referenced Contractor and specifically modifies and amends the work, price and/or terms set forth in above-referenced Subcontract as follows: Addition of work to drain and powerwash pit along with proper disposal of all drained liquid. City of Englewood agrees to iss ue a formal change order to TK Elevator for the described work before any associated material will be ordered and labor will be sch eduled. Total Amount of this Change Order to be added to the con tract price: $5,965.00 In the event of any conflict between the work, price and/or terms and conditions of the above-referenced Subcontract or prior change orders thereto and this Change Order, th is Change Order shall be final. Please sign two (2) copies of this Change Order and return two (2) copies t o TK Elevator. A fully executed copy of this Change Order will b e returned to you for your files . Signed Acceptance: By signing this Change Order where indicated below, the Contractor’s signatory hereby acknowledges (a) that the Contractor agrees to all of the terms and conditions contained herein, (b) that the signatory has the authorization necessary to bind the Contract or to agreements of this nat ure, and (c) that this form is valid and binding notwithstanding any conflicts with procedures and/or forms required by the original Subcontract referenced above which are deemed to have been waived . This change order/notice scope of work requires the ant icipated or current project schedule, and associated time frames, to be adjusted commensurate with the time necessary for the engineering, material procurement and additional labor. TK Elevator will provide a revised project schedule on expedited schedule change order/notice scope of work to the purchaser upon request. Subcontractor: Contractor: TK Elevator Corporation CITY OF ENGLEWOOD By: John Medelius Date: 07/01/2021 By: JOHN DONAKOWSKI Date: Title: Regional Project Manager Title: PM PROJECT NUMBER: 132239 CONTRACT DATE: 3/5/2021 CHANGE ORDER NUMBER: 1 PROJECT NAME: CITY OF ENGLEWOOD PROJECT ADDRESS: 1011 ENGLEWOOD PKWY ENGLEWOOD, CO, 80110 CONTRACTOR NAME: CITY OF ENGLEWOOD CONTRACTOR ADDRESS: 2800 S PLATTE RIVER DR ENGLEWOOD, CO, 80110 SUBCONTRACTOR NAME: TK ELEVATOR CORPORATION SUBCONTRACTOR ADDRESS: 7367 S.Revere Pkwy, Unit 2A Centennial , CO, 80112 Page 108 of 402 Page 109 of 402 Subcontract Change Order Date: 08/17/2021 This Change Order is made at the request of the above-referenced Contractor and specifically modifies and amends the work, price and/or terms set forth in above-referenced Subcontract as follows: Proposal to furnish and install new sump pump in pit with discharge piping to exterior wall of hoistway. City of Englewood ag rees to issue a formal change order to TK Elevator for the described work before any associated material will be ordered and labor will be scheduled. Total Amount of this Change Order to be added to the con tract price: $3,509.00 In the event of any conflict between the work, price and/or terms and conditions of the above-referenced Subcontract or prior change orders thereto and this Change Order, th is Change Order shall be final. Please sign two (2) copies of this Change Order and return two (2) copies t o TK Elevator. A fully executed copy of this Change Order will b e returned to you for your files . Signed Acceptance: By signing this Change Order where indicated below, the Contractor’s signatory hereby acknowledges (a) that the Contractor agrees to all of the terms and conditions contained herein, (b) that the signatory has the authorization necessary to bind the Contract or to agreements of this nat ure, and (c) that this form is valid and binding notwithstanding any conflicts with procedures and/or forms required by the original Subcontract referenced above which are deemed to have been waived . This change order/notice scope of work requires the ant icipated or current project schedule, and associated time frames, to be adjusted commensurate with the time necessary for the engineering, material procurement and additional labor. TK Elevator will provide a revised project schedule on expedited schedule change order/notice scope of work to the purchaser upon request. Subcontractor: Contractor: TK Elevator Corporation CITY OF ENGLEWOOD By: John Medelius Date: 08/17/2021 By: JOHN DONAKOWSKI Date: Title: Regional Project Manager Title: PM PROJECT NUMBER: 132239 CONTRACT DATE: 3/5/2021 CHANGE ORDER NUMBER: 2 PROJECT NAME: CITY OF ENGLEWOOD PROJECT ADDRESS: 1011 ENGLEWOOD PKWY ENGLEWOOD, CO, 80110 CONTRACTOR NAME: CITY OF ENGLEWOOD CONTRACTOR ADDRESS: 2800 S PLATTE RIVER DR ENGLEWOOD, CO, 80110 SUBCONTRACTOR NAME: TK ELEVATOR CORPORATION SUBCONTRACTOR ADDRESS: 7367 S.Revere Pkwy, Unit 2A Centennial , CO, 80112 Page 110 of 402 Subcontract Change Order Date: 09/08/2021 This Change Order is made at the request of the above-referenced Contractor and specifically modifies and amends the work, price and/or terms set forth in above-referenced Subcontract as follows: Addition of work by subcontractor to create CAD files required for permitting. City of Englewood agrees to issue a formal cha nge order to TK Elevator for the described work before any associated material will be ordered and labor will be scheduled. Total Amount of this Change Order to be added to the con tract price: $1,430.00 In the event of any conflict between the work, price and/or terms and conditions of the above-referenced Subcontract or prior change orders thereto and this Change Order, th is Change Order shall be final. Please sign two (2) copies of this Change Order and return two (2) copies t o TK Elevator. A fully executed copy of this Change Order will b e returned to you for your files . Signed Acceptance: By signing this Change Order where indicated below, the Contractor’s signatory hereby acknowledges (a) that the Contractor agrees to all of the terms and conditions contained herein, (b) that the signatory has the authorization necessary to bind the Contract or to agreements of this nat ure, and (c) that this form is valid and binding notwithstanding any conflicts with procedures and/or forms required by the original Subcontract referenced above which are deemed to have been waived . This change order/notice scope of work requires the ant icipated or current project schedule, and associated time frames, to be adjusted commensurate with the time necessary for the engineering, material procurement and additional labor. TK Elevator will provide a revised project schedule on expedited schedule change order/notice scope of work to the purchaser upon request. Subcontractor: Contractor: TK Elevator Corporation CITY OF ENGLEWOOD By: John Medelius Date: 09/08/2021 By: JOHN DONAKOWSKI Date: Title: Regional Project Manager Title: PM PROJECT NUMBER: 132239 CONTRACT DATE: 3/5/2021 CHANGE ORDER NUMBER: 3 PROJECT NAME: CITY OF ENGLEWOOD PROJECT ADDRESS: 1011 ENGLEWOOD PKWY ENGLEWOOD, CO, 80110 CONTRACTOR NAME: CITY OF ENGLEWOOD CONTRACTOR ADDRESS: 2800 S PLATTE RIVER DR ENGLEWOOD, CO, 80110 SUBCONTRACTOR NAME: TK ELEVATOR CORPORATION SUBCONTRACTOR ADDRESS: 7367 S.Revere Pkwy, Unit 2A Centennial , CO, 80112 Page 111 of 402 Subcontract Change Order Date: 09/14/2021 This Change Order is made at the request of the above-referenced Contractor and specifically modifies and amends the work, price and/or terms set forth in above-referenced Subcontract as follows: Installation of glycol fire sprinkler system in elevator pit. City of Englewood agrees to issue a formal change order to TK E levator for the described work before any associated material will be ordered and labor will be scheduled. Total Amount of this Change Order to be added to the con tract price: $49,100.00 In the event of any conflict between the work, price and/or terms and conditions of the above-referenced Subcontract or prior change orders thereto and this Change Order, th is Change Order shall be final. Please sign two (2) copies of this Change Order and return two (2) copies t o TK Elevator. A fully executed copy of this Change Order will b e returned to you for your files . Signed Acceptance: By signing this Change Order where indicated below, the Contractor’s signatory hereby acknowledges (a) that the Contractor agrees to all of the terms and conditions contained herein, (b) that the signatory has the authorization necessary to bind the Contract or to agreements of this nat ure, and (c) that this form is valid and binding notwithstanding any conflicts with procedures and/or forms required by the original Subcontract referenced above which are deemed to have been waived . This change order/notice scope of work requires the ant icipated or current project schedule, and associated time frames, to be adjusted commensurate with the time necessary for the engineering, material procurement and additional labor. TK Elevator will provide a revised project schedule on expedited schedule change order/notice scope of work to the purchaser upon request. Subcontractor: Contractor: TK Elevator Corporation CITY OF ENGLEWOOD By: John Medelius Date: 09/14/2021 By: JOHN DONAKOWSKI Date: Title: Manager – Project II, Field Operations Title: PM PROJECT NUMBER: 132239 CONTRACT DATE: 3/5/2021 CHANGE ORDER NUMBER: 4 PROJECT NAME: CITY OF ENGLEWOOD PROJECT ADDRESS: 1011 ENGLEWOOD PKWY ENGLEWOOD, CO, 80110 CONTRACTOR NAME: CITY OF ENGLEWOOD CONTRACTOR ADDRESS: 2800 S PLATTE RIVER DR ENGLEWOOD, CO, 80110 SUBCONTRACTOR NAME: TK ELEVATOR CORPORATION SUBCONTRACTOR ADDRESS: 7367 S.Revere Pkwy, Unit 2A Centennial , CO, 80112 Page 112 of 402 1of1 Change Order Pedestrian Bridge 090721.xlsxELEVATOR MOD General Items > Core drill holes for new sprinkler pipe at hoistway and machine room wall >Clean-up and disposal of trash produced by 1Lift scope of work Fire System > Install new fire system devices (heat in the pit, heat in the machine room, shunt trip, shunt trip power supervision, and tamper switch) Fire Sprinkler >Provide engineered drawing for permitting > Install new glycol anti freeze system in machine room and elevator pit >Fire Sprinkler Permit Mechanical >N/A Electrical >Furnish and install shunt trip in new elevator disconnect provided with modernization Assumptions: This proposal assumes the following: >All work and inspections will be completed during normal business hours >New underground water tap is brought into the building for fire sprinkler use >1Lift is able to use their vendors to complete the scope of work as described, preferred vendors may result in a change order >All work and inspections will be completed during normal business hours >Variance: If the local jurisdiction will allow for a variance, Fire Department and City Utilities, and if the Hydraulic Calcs Work, System could be run off of the existing domestic water tap to the facility. Exclusions: This proposal excludes the following: >Lost or replacement permits >Re-inspections: that are not the fault of 1Lift or its vendors >Associated costs if fire alarm system is off line i.e. fire watch >Any testing and/or abatement of asbestos, lead paint, any and all hazardous material >Any changes to machine room or hoist-way not detailed in the above scope of work I - CHANGE OF WORK SCOPE: Page 113 of 402 1 RESOLUTION NO. _____ SERIES OF 2021 A RESOLUTION AWARDING AN OPTIMAL SOURCE CONTRACT TO THYSSENKRUPP ELEVATOR CORPORATION FOR THE MODERNIZATION OF THE RTD ELEVATOR AT THE ENGLEWOOD STATION WHEREAS, Section 116(b) of the Englewood Home Rule Charter and Section 4-1-3-1 of the Englewood Municipal Code 2000, allow contracts for public works or improvements to be negotiated, provided that contracts for which no competitive bids have been requested to be approved by resolution declaring the reason for the exception to the competitive bidding requirement; WHEREAS, the Englewood Environmental Foundation is responsible for the maintenance of the Englewood Light Rail Station and its public services; WHEREAS, the current elevator that serves the station is twenty-years old, is severely worn down by the outdoor elements and extensive vandalization. In December 2020 the fire department forced open the doors to remove an individual who had become trapped inside, this has left the elevator inoperable; WHEREAS, Thyssenkrupp Elevator Corporation is the original manufacturer of the elevator, and the City has an ongoing service agreement with them for elevator maintenance and repair; WHEREAS, using Thyssenkrupp Elevator Corporation will allow the elevator to be completely modernized by replacement of the controller, power unit, jack replacement, car components, hoist way components, pit components, door equipment, car and hall fixtures; and WHEREAS, funds for this purchase would come from the Englewood Environmental Foundation G/L Account (EEF) 85-8501-54201 Professional Services. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council hereby authorizes the proposal from Thyssenkrupp Elevator Company for the repair and modernization of the elevator serving the Englewood Light Rail Station, in lieu of the competitive bid process as allowed by Section 116(b) of the Englewood Home Rule Charter, in the amount not to exceed of $133,236 as set forth in the Proposal, attached hereto as Exhibit A. ADOPTED AND APPROVED this 16th day of February, 2021. Page 114 of 402 2 Linda Olson, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2021. ______________________________ Stephanie Carlile, City Clerk Page 115 of 402 Modernization Proposal 2021-2-1012554 | ACIA-1SYTTRL | January 20, 2021 1 1011 ENGLEWOOD PKWY January 20, 2021 Purchaser: City of Englewood Location: 1011 ENGLEWOOD PKWY Address: 2800 S. Platte River Dr Address: 1011 Englewood Pkwy Englewood, CO 80110-1407 Englewood, CO 80110 thyssenkrupp Elevator Corporation (hereinafter “thyssenkrupp” or "thyssenkrupp Elevator") is dedicated to delivering (hereinafter “Purchaser”) the safest, highest quality vertical transportation solutions. I am pleased to present t his customized Proposal (the “Proposal”) in the amount of $133,236.00 inclusive of all applicable sales and use taxes to modernize the elevator equipment described in the pages that follow at the above-referenced location. Our modernization package is engineered specifically for your elevator system and will include the elevator mechanical and electrical components being replaced, refurbished or retained. Benefits of Modernization include: • Increased durability and reliability • Improved fire and life safety features • Decreased waiting times • Reduced energy consumption • Reduced operational cost • Reduced troubleshooting time This Proposal shall remain in effect for the next forty-five (45) days unless it is revoked earlier by thyssenkrupp in writing. The price above is subject to escalation - even after Purchaser’s acceptance of this Proposal – under certain circumstances including the possibility that thyssenkrupp may be subjected to increased charges by its suppliers for any of the applicable materials and/or components due to the imposition of new or increased taxes, tariffs, or other charges imposed by applicable governmental authorities or the possibility that the work described in this Proposal is not completed by December 31, 2021. In the event you have any questions regarding the content of this Proposal, please do not hesitate to contact me. We apprecia te your consideration. Sincerely, Spencer Marx Account Manager spencer.marx@thyssenkrupp.com +1 719 2386706 DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Page 116 of 402 Modernization Proposal 2021-2-1012554 | ACIA-1SYTTRL | January 20, 2021 2 SCOPE OF WORK Grouping Name: 1 Units Included Building Nickname OEM Serial # TKE Serial # Legal ID 1011 ENGLEWOOD PKWY EL4027 US844783 CP20- 000031 Description of Work Controller - TAC 32 Controller (Includes Options listed below) • 24 VDC Signal Voltage • Auto Light and Fan Feature • Car Independent Service • Car Traveling Lantern Circuitry • Door Bypass Operation • Electronic Door Detector Interface • Hoistway Access and Enable • THY Board - eMax Monitoring Device Provisions - Battery Lowering in Controller - Solid State Starters (6 or 12 leads) 460 / 575 VAC - Viscosity Control (Required over 150 FPM) Power Unit - EP-170 Power Unit (Submersible) - Viscosity Control (Required over 150 FPM) - 5 gallon drum of Biodegradable oil (Citgo NZ) - 55 gallon drum of Biodegradable oil (Citgo NZ) - 2" Shutoff Valve Kit - Overspeed Valve Kits for 2" (less than 150 GPM) Jack - Pipe Stands - Packing Car - 21" Toe guard - Car Top Railing - Car Top Railing Extension (Depth) - Car Top Railing Extension (Width) - Fan: Two Speed Speed: 115 fpm Capacity: 3500 lbs. Equipment Type: Hydraulic 2 Stops (2 Front /0 Rear) DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Page 117 of 402 Modernization Proposal 2021-2-1012554 | ACIA-1SYTTRL | January 20, 2021 3 - Car Top Exit Switch Hoistway - HN Boxes (per each 2 cars, grouped) - Steel Tape with Mounting hardware, Selector and magnets (terminal limits included) - TAC 32 Field Friendly Wiring Package Includes single traveling cable, hoistway wiring, interlock wiring, interlock connectors, and serial wiring. - Additional Hoistway Wiring for TAC 32 with Remote Machine Room Pit - Pit Stop Switch - 2" Shutoff Valve Kit - Pit Ladder 12'' Wide Cab - Car Door (SSSS, #4 S/S (441)) Door Equipment - Hoistway doors with Sight Guards, Gibs & Escutcheons as needed (SSSS, #4 S/S (441)) Front - Front Hoistway Door Equipment complete • includes Tracks & Hangers, Interlocks & Pickups, & Reel Closers - Interlock / Pick up Assemblies for existing Dover Operators. Includes closers. Front - Interlock / Pick up Assemblies for existing Dover Operators. Includes closers. Front - LD-16 Plus Door Operator with Complete carside equipment (FRONT) • includes Adapter kit (Tracks & Hangars), Clutch (w/ Car Door Lock latch & contact), & Car Top Inspection station (w/ alarm signal) - Micro Light 3D 2019 (Front) Car Fixtures - Main Car Station Includes Options Below - • Swing Return (Mini-Swing (Column type) for New/Existing Dover/tkE Cabs) - Vandal Resistant Floor Buttons - Cast Braille Plates for Car Features - Standard Key Switch Package • Fan • Light • Independent • Stop • Inspection/Hoistway Enable) - Emergency Light mounted in COP - 2004 and later Fire Service Phase II Features (includes instructions signage) - Handicap Signal (Passing signal) - Position Indicator (2" CE Segmented) - ADA Phone System integral with COP (Rath) - Speaker Pattern for Intercom System/ADA Phone - Locked Service Cabinet - Certificate Window - Default Engravings - GFI Outlet - #4 Stainless Steel Finish (441) DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Page 118 of 402 Modernization Proposal 2021-2-1012554 | ACIA-1SYTTRL | January 20, 2021 4 - Emergency Light Test Button (constant pressure) - Voice Annunciator (mounted in COP) • Standard features only • additional costs apply for custom features - Car Riding Lantern (Standard) #4 S/S (441) Hall Fixtures - Fire Service Phase I Key Switch - Fire Service Phase I Engraved Instructions - Hoistway Jamb Braille (Pair of Cast Plates) (# of Floors) - Hoistway Access Switch (in Hall Station) - Terminal Hall Stations (Flush Mounted) with • Appendix O (Polycarbonate insert flame with engraved verbiage) • (#4 S/S (441)) - 2009 & 2010 Elevator Communications Failure add In addition to the Description of Work to modernize your elevator(s) as described above, thyssenkrupp will coordinate or perform the following activities at no additional cost: General Building - 1. Key Tasks and Approximate Lead Times Key Tasks to be performed to be performed by Purchaser prior to equipment fabrication: a. Execution of this Proposal b. Payment for pre-production and engineering c. Approval of layout (if applicable) d. Execution of thyssenkrupp‘s Material Release Form Approximate Durations/Lead Times Contract execution (can run concurrently with layout drawing package preparation and approval) Varies Survey and Order of Materials (additional time required for cab, signal, entrance preparation and approval, if applicable) 2 - 3 Weeks Fabrication time (from receipt of all approvals, fully executed contract, Material Release Form and initial progress payment) 8-10 Weeks Modernization of elevator system (Per Unit): (Upon completion of all required preparatory work by others) 4-5 Weeks The durations or lead times listed above are strictly approximations that can vary due to factors both within and outside of thyssenkrupp’s control, are subject to change without notice to Purchaser and shall not be binding on thyssenkrupp. 2. Payment Terms 50% of the price set forth in this Proposal as modified by options selected from the section entitled “Value Engineering Opportunities & Alternates” (if applicable) will be due and payable as an initial progress payment within 30 days from thyssenkrupp's receipt of a fully executed copy of this Proposal. This initial progress payment will be applied to project management, permits, engineering and shop drawings, submittals, drilling mobilization (if required) and raw material DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Page 119 of 402 Modernization Proposal 2021-2-1012554 | ACIA-1SYTTRL | January 20, 2021 5 procurement. Material will be ordered once this payment is received and the parties have both executed this Proposal and the Material Release Form. 25% of the price set forth in this Proposal as modified by options selected from the section entitled “Value Engineering Opportunities & Alternates” (if applicable) shall be due and payable when the material described above has been furnished. Material is considered furnished when it has been received at the jobsite or thyssenkrupp staging facility. Receipt of this payment is required prior to mobilization of labor. 25% of the price set forth in this Proposal shall be made as progress payments throughout the life of the project. In the event thyssenkrupp fails to receive payment within thirty (30) days of the date of a corresponding invoice, thyssenkrupp reserves the right to demobilize until such a time that the payments have been brought up to date, and thyssenkrupp has the available manpower. It is agreed that there will be no withholding of retainage from any billing and by the customer from any payment. Purchaser agrees that thyssenkrupp shall have no obligation to complete any steps necessary to provi de Purchaser with full use and operation of the installed equipment until such time as thyssenkrupp has been paid 100% both of the price reflected in this Proposal and for any other work performed by thyssenkrupp or its subcontractors in furtherance of this Proposal. Purchaser agrees to waive any and all claims to the turnover and/or use of that equipment until such time as those amounts are paid in full. Proposal price: $133,236.00 Initial progress payment: (50%) $66,618.00 Material furnished: (25%) $33,309.00 Total of remaining progress payments: (25%) $33,309.00 3. Warranty thyssenkupp warrants any equipment it installs as described in this Proposal against defects in material and workmanship for a period of one (1) year from the date of Purchaser’s execution of thyssenkrupp‘s “Final Acceptance Form” on the express conditions that all payments made under this Proposal and any mutually agreed -to change orders have been made in full and that such equipment is currently being serviced by thyssenkrupp. In the event that thyssenkrupp’s work is delayed for a period greater than six (6) months, the warranty shall be reduced by the amount of the delay. This warranty is in lieu of any other warranty or liability for defects. thyssenkrupp makes no warranty of merchantability and no warranties which extend beyond the description in this Proposal, nor are there any other warranties, expressed or implied, by operation of law or otherwise. Like any piece of fine machinery, the equipment described in this Proposal should be periodically inspected, lubricated, and adjusted by competent personnel. This warranty is not intended to supplant normal maintenance service and shall not be construed to mean that thyssenkrupp will provide free service for periodic examination, lubrication, or adjustment, nor will thyssenkrupp correct, without a charge, breakage, maladjustments, or other trouble arising from normal wear and tear or abuse, misuse, improper or inadequate maintenance, or any other causes other than defective material or workmanship. In order to make a warranty claim, Purchaser must give thysse nkrupp prompt written notice at the address listed on the cover page of this Proposal and provided all payments due under the terms of this Proposal and any mutually agreed to written change orders have been made in full, thyssenkrupp shall, at its own exp ense, correct any proven defect by repair or replacement. thyssenkrupp will not, under any circumstances, reimburse Purchaser for cost of work done by others, nor shall thyssenkrupp be responsible for the performance of any equipment that has been the subject of service, repair, replacement, revisions or alterations by others. If there is more than one (1) unit which is the subject of work described in this Proposal, this section shall apply separately to each unit as accepted. 4. Preventative Maintenance Program DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Page 120 of 402 Modernization Proposal 2021-2-1012554 | ACIA-1SYTTRL | January 20, 2021 6 This Proposal does not include any maintenance, service, repair or replacement of the equipment or any other work not expressly described herein. thyssenkrupp will submit a separate proposal to Purchaser covering the maintenance and re pair of this equipment to be supplied to Purchaser at an additional cost. 5. Work Not Included There are certain items that are not included in this Proposal, many of which must be completed by Purchaser prior to and as a condition precedent to thyssenkrupp Elevator's performance of its work as described in this Proposal. In order to ensure a successful completion of this project, it shall be solely Purchaser’s responsibility to coordinate its own completion of those items with thyssenkrupp Elevator. The following is a list of those items that are not included in this Proposal: A. Hoistways and Equipment Rooms B. Electrical and Life Safety C. Miscellaneous 2. Purchaser shall provide a dedicated, analog telephone or data line to the elevator telephone or communication device; one additional data line per group of elevators for diagnostic capability wired to designated controller; 6. Working Hours, Logistics and Mobilization a. All work described in this Proposal shall be performed during thyssenkrupp‘s regular working days – defined as Monday thru Friday and excluding IUEC recognized holidays – and regular working hours – defined as those hours regularly worked by thyssenkrupp modernization mechanics at the thyssenkrupp branch office that will provide labor associated with the performance of the work described in this Proposal - unless otherwise specified and agreed to in writing by both thyssenkrupp and Purchaser (hereinafter thyssenkrupp’s regular working days and regular working hours shall be collectively defined as “normal working hours”). thyssenkrupp shall be provided with uninterrupted access to the elevator hoistway and machine room areas to perform work during normal working hours. b. Purchaser shall provide on-site parking to all thyssenkrupp personnel at no additional cost to thyssenkrupp. c. Purchaser shall provide traffic control, lane closures, permits and flagmen to allow suitable access/unload of tractor trailer(s). d. Purchaser agrees to provide unobstructed tractor-trailer access and roll-able access from the unloading area to the elevator or escalator hoistways or wellways (as applicable). e. Purchaser will be required to sign off on the Material Rele ase Form, which will indicate the requested delivery date of equipment to the site. If Purchaser is not ready to accept delivery of the equipment within ten (10) business days of the agreed upon date, Purchaser will immediately make payments due for equipment and designate an area adjacent to the elevator shaft where Purchaser will accept delivery. If Purchaser fails to provide this location or a mutually agreeable alternative, thyssenkrupp is authorized to warehouse the equipment at the thyssenkrupp warehouse or designated distribution facility at Purchaser's risk and expense. Purchaser shall reimburse thyssenkrupp for all costs due to extra handling and warehousing. Storage beyond ten (10) business days will be assessed at a rate of $100.00 per calendar da y for each unit listed in this Proposal, which covers storage and insurance of the elevator equipment and is payable prior to delivery. f. Purchaser agrees to provide a dry and secure area adjacent to the hoistway(s) at the ground level for storage of the elevator equipment and tools within ten (10) business days from receipt at the local thyssenkrupp warehouse. Any warranties provided by thyssenkrupp for vertical transportation equipment will become null and void if equipment is stored in any manner other than a dry, enclosed building structure. Any relocation of the equipment as directed by Purchaser after initial delivery will be at Purchaser's expense. g. thyssenkrupp includes one mobilization to the jobsite. A mobilization fee of $2,500.00 per crew per occurrence will be charged for pulling off the job or for any delays caused by others once material has been delivered and thyssenkrupp’s work has commenced. h. Access for this project shall be free and clear of any obstructions. A forklift for unloading and staging material shall also be provided by Purchaser at no additional cost. i. Purchaser shall provide an on-site dumpster. thyssenkrupp will be responsible for cleanup of elevator/ escalator packaging material; however, composite cleanup participation is not included in this Proposal. DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Page 121 of 402 Modernization Proposal 2021-2-1012554 | ACIA-1SYTTRL | January 20, 2021 7 j. The hiring of a disposal company which MUST be discussed prior to any material being ordered or work being scheduled. thyssenkrupp will provide environmental services ONLY if this is specifically included under the "Scope of Work" section above. thyssenkrupp assumes no responsibility and/or liability in any way whatsoever for spoils or other contamination that may be present as a result of the cylinder breach and/or other conditions present on the work site. k. One or more of the units described in this Proposal will be out of service and unavailable to move passengers and/or property during entire duration of the performance of the work described in this Proposal until re-certified by the applicable authority(ies) having jurisdiction and in good standing with payment schedules. 7. Temporary Use, Inspection and Turnover a. Unless required by specification, thyssenkrupp will not provide for “temporary use” of the elevator(s) described in this Proposal prior to completion and acceptance of the complete installation. Temporary use shall be agreed to via a change order to this Proposal which shall require Purchaser’s execution of thyssenkrupp’s standard Temporary Use Agreement. Cost for temporary use of an elevator shall be $200.00 per calendar day per hydraulic elevator and $250.00 per calendar day for each traction elevator for rental use only, excluding personnel to operate. All labor and parts, including callbacks required during the temporary use period will be billed at thyssenkrupp’s standard local billing rates. In the event that an elevator must be provided for temporary use, thyssenkrupp will require 30 days to perform final adjustments and re- inspection after the elevator has been returned to thyssenkrupp with all protection, intercoms and temporary signage removed. This duration does not include any provisions for finish work or for repairs of same, which shall be addressed on a project-by-project basis. Cost for preparation of controls for temporary use, refurbishment due to normal wear and tear, readjustment and re-inspection is $3,500.00 per elevator up to 10 floors. For projects above 10 stops, an additional cost of $1,500.00 / 10 floors shall apply. These costs are based on work performed during normal working hours. Temporary use excludes vandalism or misuse. Any required signage, communication devices, elevator operators, and protection are not included while temporary use is being provided. All overtime premiums for repairs during the temporary use period will be billed at thyssenkrupp’s local service billing rates. b. The Proposal price set forth above includes one (1) inspection per unit by the applicable authority having jurisdiction if required by the government of the locality where the equipment is located. In the event the equipment fails that inspection due to no fault of thyssenkrupp, thyssenkrupp will charge Purchaser for both the cost of each re-inspection which shall be $1,500.00 and a remobilization fee which shall be $2,500.00 via change order prior to scheduling a re- inspection. c. Upon notice from thyssenkrupp that the installation and/or modernization of the equipment is complete, Purchaser will arrange to have present at the jobsite a person authorized to make the final inspection and to execute thyssenkrupp’s “Final Acceptance Form.“ The date and time that such person will be present at the site shall be mutually agreed upon but shall not be more than ten (10) business days after the date of thyssenkrupp’s notice o f completion to Purchaser unless both thyssenkrupp and Purchaser agree to an extension of that ten (10) day period in writing. Such final inspection and execution of thyssenkrupp’s “Final Acceptance Form” shall not be unreasonably delayed or withheld. d. Should the Purchaser or the local authority having jurisdiction require thyssenkrupp Elevator's presence at the inspection of equipment installed by others in conjunction with the work described in this Proposal, Purchaser agrees to compensate thyssenkrupp Elevator for its time at thyssenkrupp Elevator's current billing rate as posted at its local office. e. At the conclusion of its work, thyssenkrupp Elevator will remove all equipment and unused or removed materials from the project site and leave its work area in a condition that, in thyssenkrupp Elevator's sole opinion, is neat and clean. f. Purchaser agrees to accept a live demonstration of equipment’s owner-controlled features in lieu of any maintenance training required in the bid specifications. g. Purchaser agrees to accept thyssenkrupp’s standard owner’s manual in lieu of any maintenance, or any other, manual(s) required in the bid specifications. 8. MAX MAX is a cloud based Internet of Things (IoT) platform that we, at our election, may connect to your elevators and escalators by means of installation of a remote-monitoring device or modem (each a “device”). MAX will analyze the unique signal output of your equipment 24/7 and when existing or potential outages are identified, MAX will automatically communicate with our dispatch centers. When appropriate, the dispatch center will alert our technicians during normal working hours. DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Page 122 of 402 Modernization Proposal 2021-2-1012554 | ACIA-1SYTTRL | January 20, 2021 8 These MAX alerts provide the technician with precise diagnostics detail, which greatly enhances our ability to fix your equipment right the first time, MAXimizing the equipment uptime. a. Purchaser authorizes thyssenkrupp elevator and its employees to access purchaser’s premises to install, maintain and/or repair the devices and, upon termination of the service agreement, to remove the same from the premises if we elect to remove. b. thyssenkrupp Elevator is and shall remain the sole owner of the devices and the data communicated to us by the devices. The devices shall not become fixtures and are intended to reside where they are installed. thyssenkrupp Elevator may remove the devices and cease all data collection and analysis at any time. c. If the service agreement between thyssenkrupp Elevator and Purchaser is terminated for any reason, thyssenkrupp Elevator will automatically deactivate the data collection, terminate the device software and all raw data previously received from the device will be removed and/or expunged or destroyed. d. Purchaser consents to the installation of the devices in your elevators and to the collection, maintenance, use, expungement and destruction of the daily elevator data as set forth in this agreement. e. The devices installed by thyssenkrupp Elevator contain trade secrets belonging to us and are installed for the use and benefit of our personnel only. f. Purchaser agrees not to permit purchaser personnel or any third parties to use, access, tamper with, relocate, copy, disclose, alter, destroy, disassemble or reverse engineer the device while it is located on purchaser’s premises. g. The installation of this equipment shall not confer any rights or operate as an assignment or license to you of any patents, copyrights or trade secrets with respect to the equipment and/or any software contained or imbedded therein or utilized in connection with the collection, monitoring and/or analysis of data. 9. Additional Terms and Conditions a. In no event shall thyssenkrupp be responsible for liquidated, consequential, indirect, incidental, exemplary, and special damages associated with the work described in this Proposal. b. This Proposal is made without regard to compliance with any special purchasing, manufacturing or construction/installation requirements including, but not limited to, any socio-economic programs, such as small business programs, minority or woman owned business enterprise programs, or local preferences, any restrictive sourcing programs, such as Buy American Act, or any other similar local, state or federal procurement regulations or laws that would affect the cost of performance. Should any such requirements be applicable to the work described in this Proposal, thyssenkrupp reserves the right to modify this Proposal or rescind it altogether. c. thyssenkrupp is an equal opportunity employer. d. thyssenkrupp‘s performance of the work described in this Proposal is contingent upon Purchaser furnishing thyssenkrupp with any and all necessary permission or priority required under the terms and conditions of government regulations affecting the acceptance of this Proposal or the manufacture, delivery or installation of the equipment. All applicable sales and use taxes, permit fees and licenses imposed upon thyssenkrup p as of the date of the Proposal are included in the price of the Proposal. Purchaser is responsible for any additional applicable sales and use taxes, permit fees and licenses imposed upon thyssenkrupp after the date of the Proposal or as a result of any law enacted after the date of the Proposal. e. All taxes, tariffs, duties, permit and/or license fees imposed upon thyssenkrupp as of the date of the execution of this Proposal are included in the price of the Proposal. Purchaser is responsible, in addition to the Proposal price, to pay thyssenkrupp for any additional (or any increase in) applicable taxes, tariffs, duties, permit and/or license fees imposed upon thyssenkrupp after the date of acceptance of this Proposal by any governmental authority or by any of thyssenkrupp’s suppliers of the materials and/or components required in connection with this Proposal. f. Purchaser agrees to provide thyssenkrupp’s personnel with a safe place in which to work and thyssenkrupp reserves the right to discontinue work at the jobsite whenever, in thyssenkrupp‘s sole opinion, this provision is being violated. g. The pricing set forth in this Proposal assumes that the elevator pits will not be classified as a confined space. thyssenkrupp Elevator will follow its standard safety policy and procedures. Any job specific safety requirements over and above thyssenkrupp's standard practices and policies may require additional costs. h. thyssenkrupp Elevator will furnish and install all equipment in accordance with the terms, conditions, scope and equipment nomenclature as noted herein. Requested changes or modifications to such provisions will require a written DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Page 123 of 402 Modernization Proposal 2021-2-1012554 | ACIA-1SYTTRL | January 20, 2021 9 change order issued on the Purchaser’s letterhead and accepted by thyssenkrupp in writing prior to the execution of such work. This change order shall detail the current contract price, the amount of the change, and new contract value. i. This Proposal does not include a schedule for the work described and any such schedule shall be mutually agreed upon by an authorized representative of both thyssenkrupp and Purchaser in writing before becoming effective. j. In the event asbestos material is knowingly or unknowingly removed or disturbed in any manner at the jobsite, Purchaser shall monitor thyssenkrupp‘s work place and prior to and during thyssenkrupp’s manning of the job, Purchaser shall certify that asbestos in the environment does not exceed .01 fibers per cc as tested by NIOSH 7400. In the event thyssenkrupp‘s employees or those of thyssenkrupp‘s subcontractors are exposed to an asbestos hazard, PCP’s, lead or other hazardous substances, Purchaser agrees, to the fullest extent permitted by law, to indemnify, defend, and hold thyssenkrupp harmless from all damages, claims, suits, expenses, and payment s resulting from such exposure. Identification, notification, removal and disposal of asbestos containing material, PCP’s lead or other hazardous substances are the responsibility of the Purchaser. The Parties understand and agree that the City, its electe d officials, officers, directors, agents and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, protections or defenses provided by the Colorado Governmental Immunity Act (the “CGIA”), §§ 24-10-101 to 120, C.R.S., or otherwise available to the City. To the extent the CGIA imposes varying obligations or contains different waivers for cities and counties, the City agrees that it will remain liable for their independent obligations under the CGIA, and neither party shall be the agent of the other or liable for the obligations of the other k. thyssenkrupp retains title to and a security interest in all equipment it supplies – which thyssenkrupp and Purchaser agree can be removed without material injury to the real property – until all payments including deferred payments and any extensions thereof, are made. In the event of any default by Purchaser on any payment, or any other provision of this Proposal, thyssenkrupp may take immediate possession of the equipment and enter upon the premises where it is located – without legal process – and remove such equipment or portions thereof, irrespective of the matter of its attachment to the real estate or the sale, mortgage or lease of the real estate. Pursuant to the Uniform Commercial Code, and at thyssenkrupp’s request, Purchaser agrees to execute any financial or continuation statements which may be necessary for thyssenkrupp to file in public offices in order to perfect thyssenkrupp’s security interest in such equipment. l. thyssenkrupp shall not be liable for any loss, damage or delay caused by acts of government, labor troubles, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief, acts of God or any cause beyond its control. m. The rights of thyssenkrupp under this Proposal shall be cumulative and the failure on the part of the thyssenkrupp to exercise any rights hereunder shall not operate to forfeit or waive any of said rights. Any extension, indulgence or change by thyssenkrupp in the method, mode or manner or payment or any of its other rights shall not be construed as a waiver of any of its rights under this Proposal. n. In the event thyssenkrupp engages a third party to enforce the terms of this Proposal, a nd/or to collect payment due hereunder, either with or without suit, Purchaser agrees to pay all costs thereof together with reasonable attorney’s fees. Purchaser does hereby waive trial by jury and does hereby consent to the venue of any proceeding or lawsuit under this Proposal to be in the county where the work covered by this Proposal is located. o. thyssenkrupp can furnish Certificate of Workers’ Compensation, Bodily Injury and Property Damage Liability Insurance coverage to Purchaser upon written request. The required parties shall be added to Thyssenkrupp’s general liability insurance policy as an additional insured. Such additional insured coverage shall only apply to the extent any damages covered by the policy are determined to be caused by Thyssenkrupp’s acts, actions, omissions or neglects and not to the extent caused by the additional insured’s own acts, actions, omissions, or neglects or for bare allegations. p. Should loss of or damage to thyssenkrupp‘s material, tools or work occur at the project site, Purchaser shall compensate thyssenkrupp for such loss, unless such loss or damage results from thyssenkrupp's own acts or omissions. q. Purchaser further expressly agrees to name thyssenkrupp Elevator Corporation and thyssenkrupp Elevator Manufacturing, Inc. along with their respective officers, agents, affiliates and subsidiaries as additional insureds in Purchaser’s liability and any excess (umbrella) liability insurance policy(ies). Such insurance must insure thyssenkrupp DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Page 124 of 402 Modernization Proposal 2021-2-1012554 | ACIA-1SYTTRL | January 20, 2021 10 Elevator Corporation and thyssenkrupp Elevator Manufacturing, Inc. for those claims and/or losses referenced in the above paragraph and those claims and/or or losses arising from the negligence of thyssenkrupp Elevator Corporation and thyssenkrupp Elevator Manufacturing, Inc. Such insurance must specify that its coverage is primary and non- contributory. Purchaser hereby waives its right of subrogation. r. thyssenkrupp‘s participation in any controlled insurance program is expressly conditioned upon review and approval of all controlled insurance program information and documentation prior to enrollment. Any insurance credits if applicable, will be provided at that time. DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Page 125 of 402 Modernization Proposal 2021-2-1012554 | ACIA-1SYTTRL | January 20, 2021 11 Acceptance Purchaser's acceptance of this Proposal and its approval by a n authorized manager of thyssenkrupp will constitute exclusively and entirely the agreement between the parties for the goods and services herein described and full payment of the sum of One Hundred Thirty Three Thousand Two Hundred Thirty Six Dollars ($133,236.00). All other prior representations or regarding this work, whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this Proposal will be recognized unless made in writing and properly executed by both parties as a change order. Should Purchaser's acceptance be in the form of a purchase order or other similar document, the provisions of this Proposal will exclusively govern the relationship of the parties with respect to this transaction. No agent or employee shall have the authority to waive or modify any of the terms of this Proposal without the prior written approval of an authorized thyssenkrupp manager. (City of Englewood): thyssenkrupp Elevator Corporation Management Approval By: By: (Signature of Authorized Individual) (Print or Type Name) (Print or Type Title) (Signature of Branch Representative) Brien Montera Branch Manager (Date of Acceptance) (Date of Execution) (City of Englewood): (City of Englewood): By: By: (Signature of Authorized Individual) (Print or Type Name) (Print or Type Title) (Signature of Authorized Individual) (Print or Type Name) (Print or Type Title) (Date of Acceptance) (Date of Acceptance) (Purchaser): DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729 2/16/2021 DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Linda Olson 3/2/2021 Mayor Maria D'Andrea 3/2/2021 Director of Public Works City Manager 3/2/2021 Shawn Lewis Page 126 of 402 2021-2-1012554 | ACIA-1SYTTRL | January 20, 2021 SCHEDULING AND PRODUCTION REQUEST FOR PAYMENT Please Remit To: thyssenkrupp Elevator PO Box 3796 Carol Stream, IL 60132-3796 , Date Terms Reference ID Customer Reference # / PO January 20, 2021 Immediate ACIA-1SYTTRL Total Contract Price: $133,236.00 Initial progress payment: (50% ) $66,618.00 For inquiries regarding your contract or services provided by thyssenkrupp Elevator, please contact your local account manager at +1 719 2386706. To make a payment by phone, please call 678-338- 2344 with the reference information provided below. Current and former service customers can now pay online at: https://secure.billtrust.com/thyssenkruppelevator/ig/one -time-payment Thank you for choosing thyssenkrupp Elevator. We appreciate your business. Please detach the below section and provide along with payment. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Customer Name: Remit To: Location Name: 1011 ENGLEWOOD PKWY thyssenkrupp Elevator PO Box 3796 Carol Stream, IL 60132-3796 Customer Number: Quote Number: 2021-2-1012554 Reference ID: ACIA-1SYTTRL Remittance Amount: $66,618.00 DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Page 127 of 402 1of3 WBO BID TKE Pedestrian Bridge- Englewood.xlsxELEVATOR MOD III - EXCLUSIONS: 1Lift Industrial Solutions PO Box 1131 Erie, CO80516 (720) 504-7748 info@1liftis.com PROPOSAL AND ACCEPTANCE COMPANY: PHONE: Thyssenkrupp Elevators 719-238-6706 ADDRESS: PROJECT NAME: 7367 S ReverePkwy, Unit 2A Pedestrian Bridge -2 stop hydro CITY, STATE ANDZIP CODE: PROJECT ADDRESS: Denver, CO 80112 1000 Englewood Pkwy DATE: 1/14/21 CONTACT PERSON: Spencer Marx > 1Lift will provide the required work by others scope for the elevator modernization project described above. All materials and equipment ("Goods"), and associated project management, supervision, and labor ("Services") for the project will be limited to the Scope of Work, Assumptions, and Exclusions detailed below. Some of the excluded items may be added with a change order and some may have alternate pricing already listed in this proposal. This proposal excludes the following: > Monitoring service, equipment, phone lines & jacks. > Any specialty site safetyor access training > CI/Fire rated cable > HVAC or split units > Fire sprinklercomponents > Main electrical power feedsto machine room for elevators > Isolation transformers or related materials or labor > ATS or backup/standby generatorwiring > Elevator main lobby phones or related wiring > Lost or replacement permits > Re-inspections: that are not the fault of 1Lift or its vendors > Demolition and/or temporary construction materials > Associated costs if systems areoff line i.e. fire watch > Digitizing drawings (owner or general contractor to provide CAD's to SG) DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Page 128 of 402 2of3 WBO BID TKE Pedestrian Bridge- Englewood.xlsxELEVATOR MOD 1Lift Industrial Solutions PO Box 1131 Erie, CO80516 (720) 504-7748 info@1liftis.com PROPOSAL AND ACCEPTANCE hours DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Page 129 of 402 1Lift Industrial Solutions PO Box 1131 Erie, CO80516 (720) 504-7748 info@1liftis.com PROPOSAL AND ACCEPTANCE 3of3 WBO BID TKE Pedestrian Bridge- Englewood.xlsxELEVATOR MOD IV - ACCEPTANCE: 1LIFT PROPOSES HERBY TO FURNISH GOODS AND SERVICES - COMPLETE IN ACCORDANCE WITH ABOVE SPECIFICATION AND TERMS AND CONDITIONS BELOW, FOR THE SUM OF: PAYMENT TO BE MADE AS FOLLOWS: MILESTONE PAYMENTS AS DESCRIBED BELOW IN SECTION 4 ACCEPTANCE OF PROPOSAL - THE TERMS AND CONDITIONS LISTED BELOW AND THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED BY SIGNATUREBELOW OR RECEIPT OF PURCHASE ORDER AND REFERENCE OF THIS PROPOSAL BY COMPANY. 1Lift, LLC IS AUTHORIZED TODO THE WORK SPECIFIED AND TOINVOICE FOR DOWN PAYMENT. THIS PROPOSAL MAYBE WITHDRAWN BY 1LIFT IF NOT ACCEPTED WITHIN 60 DAYS FROM THE DATE ON THIS PROPOSAL. 1Lift, LLC: Company: ThyssenKrupp Elevator Corporation SIGNATURE: PRINT NAME: Gareth Willmott PRINT NAME: TITLE: Assistant Project Manager TITLE: DATE OFACCEPTANCE: THE PARTIES HEREBY AGREE TO THE FOLLOWING TERMS AND CONDITIONS: 1. CREDIT CARDS: 1Lift, LLC. does not accept credit cards. 2. BONDING: 1Lift, LLC. does not provide any bonding. If bonding is required it will be at the cost of Company or the owner. 3. CHANGE ORDERS: Any changes to the Scope of Work shall be represented in a written change order signed by both parties to this Agreement. 4. TERMS OF PAYMENT: 40% non-refundable down payment required upon acceptance of proposal, progress billing will occur monthly thereafter based on percentage of completion of the Scope of Work line items. Terms are net 30 days from date of 1Lift's invoice in US currency, except for applicable milestone payments for which 1Lift may require other arrangements. If any payment owed to 1Lift hereunder is not paid when due, it shall bear interest, at a rate to be determined by 1Lift which shall not exceed the maximum rate permitted by law, from the date on which it is due until it is received. 1Lift shall have the right, among other remedies, either to terminate the Agreement or to suspend further deliveries under this and/or other Agreements with Company in the event Company fails to make any payment hereunder when due. Company shall be liable for all expenses attendant to collection of past due amounts, including attorney's fees. (b) 1Lift shall indemnify and hold the Company harmless from all costs, liabilities and damages (including reasonable attorney’s fees) resulting from 1Lift’s negligence or misconduct, subject to the limitations as defined in this agreement. Neither the Company nor 1Lift shall be obligated to indemnify the other party in any manner whatsoever for such other party’s ownnegligence ormisconduct. 5. INSURANCE: 1Lift and its Vendors shall carry worker's compensation insurance as may be required by law and carry general liability insurance for covering claims arising on or from the premises during the work 6. LIMITED WARRANTY: Subject to the limitations contained in Section 7 and 8 herein, 1Lift warrants that the Goods provided will be free from defects under normal use and care and labor will be performed by trained personnel and in a good workmanlike manner using proper tools for the particular Service provided. The foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for twelve (12) months from the date of initial installation. Services are warranted for a period of 90 days from the date of shipment or completion of the Services. Goods purchased by 1Lift from a third party for resale to Company (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Company agrees that 1Lift has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Company discovers any warranty defects and notifies 1Lift thereof in writing during the applicable warranty period, 1Lift shall, at it's option, correct any errors that are found by 1Lift in the Services or repair or replace F.O.B. point of manufacture that portion of the Goods found by 1Lift to be defective, or refund the purchase price of the defective portion of the Goods. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of 1Lift are not covered by this limited warranty, and shall be at Company’s expense. All costs of dismantling, reinstallation and freight and the time and expenses of 1Lift's personnel and representatives for site travel and diagnosis under this warranty clause shall be borne Company unless accepted in writing by 1Lift. Goods repaired and parts replaced by 1Lift during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days, whichever is longer. This limited warranty is the only warranty made by 1Lift and can be amended only in a writing signed by 1Lift. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES. 7. LIMITATION OF REMEDY AND LIABILITY FOR SERVICES: 1LIFT SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. THE REMEDIES OF COMPANY SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL 1LIFT’S LIABILITY TO COMPANY AND/OR ITS CUSTOMERS EXCEED THE PRICE TO COMPANY OF THE SPECIFIC SERVICES PROVIDED BY 1LIFT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. COMPANY AGREES THAT IN NO EVENT SHALL 1LIFT'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, REVENUE OR USE AND COSTS INCURREDINCLUDING WITHOUT LIMITATION FOR CAPITAL, FUEL AND POWER, AND CLAIMS OF COMPANY’S CUSTOMERS. 8. LIMITATION OF REMEDY AND LIABILITY FOR GOODS: 1LIFT SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. THE REMEDIES OF COMPANY SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL 1LIFT’S LIABILITY TO COMPANY AND/OR ITS CUSTOMERS EXCEED THE PRICE TO COMPANY OF THE SPECIFIC GOODS PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. COMPANY AGREES THAT IN NO EVENT SHALL 1LIFT’S LIABILITY TO COMPANY AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, REVENUE OR USE AND COSTS INCURRED INCLUDING WITHOUT LIMITATION FOR CAPITAL, FUEL AND POWER, AND CLAIMS OF COMPANY’S CUSTOMERS. THE COMPANY SHALL NOT REUSE OR MAKE OR PERMIT TO BE MADE ANY MODIFICATION TO THE GOODS WITHOUT THE PRIOR WRITTEN AUTHORIZATION OF 1LIFT. IN THE EVENT THE COMPANY REUSES OR MODIFIES ANY GOODS, WITH OR WITHOUT CONSENT, 1LIFT SHALL HAVE NO LIABILITY FOR SUCH USE AND THE COMPANY AGREES TO INDEMNIFY 1LIFT FOR ANY CLAIMS ARISING FROM OR RELATED TO SUCH REUSE OR MODIFICATION. 9. COMMENCEMENT AND COMPLETION OF SCOPE OF WORK: !Lift shall commence the Scope of Work as soon as a signed Agreement is received and a project timeframe has been agreed to by both parties and will continue until completion of the Scope of Work. 1Lift shall not be liable for delays in performance or for non-performance due to failure or interruption of computer or telecommunication systems, acts of God, war, riot, fire, terrorism, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or other unforeseen circumstances or causes beyond 1Lift's reasonable control. In the event of such delay, the time for performance or delivery shall be extended by a period of time reasonably necessary to overcome the effect of the delay. 10. HAZARDOUS MATERIALS: 1Lift’s Services shall not include any services with respect to, and does not assume the existence of, any hazardous materials or conditions, including without limitation asbestos, mold, lead-based paint or any material defined as hazardous by the Environmental Protection Agency or relevant State agency, unless expressly set forth in the Scope of Work. The d iscovery of hazardous materials or conditions at the Project site not previously known to 1Lift shall be deemed a changed condition and 1Lift shall be entitled to suspend work on the Project until such conditions are remediated and/or until a Change Order has been agreed upon between 1Lift andthe Company. 11. ACCEPTANCE OF GOODS: In the event any Goods delivered by 1Lift to the Companyfail to satisfy the written specifications of such Goods as set forth in the Scope of Work, the Company shall notify 1Lift of the same in writing withinthirty (30) days of receipt and 1Lift shall have reasonable opportunity to correct such deficiencies. If written notice of rejection is not received by 1Lift during such thirty-day period, the Goods shall be deemed accepted and 1Lift shall have no obligation to correct or provide warranty for any deficiencies in the same. 12. DISPUTE RESOLUTION: The parties agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation and the parties will participate in good faith in such mediation for at least thirty (30) days from the commencement of such mediation prior to initiation of any further legal action, including without limitation filing of a claim with any court or in any arbitration. 13. NOTICES: All notices and other communications provided for in this Agreement shall be in writing and mailed, sent or delivered to the receiving party at the address, email address or facsimile number for such party as set forth in this Agreement, or to such other address, email address or facsimile number as may be designated from time to time by a party in writing to the other party. All such notices and communications shall be effective (a) if delivered by hand, when delivered; (b) if sent by mail, uponthe earlier of the date of receipt or three (3) days after deposit in the mail, first class, postage prepaid; and (c) if sent by facsimile transmission or electronic mail, upontransmission thereof, provided such transmission is promptly confirmed by either of the methods set forth in subsections (a) or (b)above. DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Maria D'Andrea 3/2/2021 Director of Public Works Page 130 of 402 1Lift Industrial Solutions PO Box 1131 Erie, CO80516 (720) 504-7748 info@1liftis.com PROPOSAL AND ACCEPTANCE 4of3 WBO BID TKE Pedestrian Bridge- Englewood.xlsxELEVATOR MOD 14. GENERAL PROVISIONS: (a) Company shall not assign its rights or obligations under the Agreement without 1Lift's prior written consent. (b) There are no understandings, agreements or representations, express or implied, not specified in the Agreement. (c) No action, regardless of form, arising out of transactions under the Agreement, may be brought by either party more than two [2] years after the cause of action has accrued. (d) Any modification of these terms and conditions must be set forth in a written instrument signed by a duly authorized representative of 1Lift. (e) The Agreement is formed and shall be construed, performed and enforced under the laws of the State of Colorado. However, Company and 1Lift agree that the proper venue for all actions arising under the Agreement shall be only in the USA and in the State where the Services and Goods involved in such actions were delivered. (f) If any provision of the Agreement is invalid under any statute or rule of law, such provision, to that extent only, shall be deemed to be omitted without affecting the validity of the remainder of the Agreement (g) 1Lift and Company are independent businesses and nothing herein shall be deemed to create a relationship of employment, partnership, joint venture or otherwise between the parties. DocuSign Envelope ID: 56AEFF6F-673C-4E26-AFCD-6B3C24AC9729DocuSign Envelope ID: 37F3174B-81FD-4A31-97AB-E145552D2FBA Page 131 of 402 RTD Englewood Station Elevator Page 132 of 402 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Dodd DEPARTMENT: City Manager's Office DATE: November 1, 2021 SUBJECT: 2020-2022 Strategic Plan Updates and Revisions (Q3 2021) DESCRIPTION: Update on the City of Englewood 2020-2022 Strategic Plan progress, as well as accepting recommended revisions to the plan. RECOMMENDATION: Staff recommends that Council approve, by motion, modifications to the City of Englewood 2020-2022 Strategic Plan and accept a report detailing progress towards the plan PREVIOUS COUNCIL ACTION: • Fiscal Year 2021 Quarter 2 Strategic Plan Update and Revisions (July 28, 2021) • Fiscal Year 2021 Quarter 1 Strategic Plan Update and Revisions (April 14, 2021) • Adoption of Revisions to Strategic Plan (March 11, 2021) • Fiscal Year 2020 Quarter 2 Strategic Plan Update and Revisions (January 27, 2021) • Fiscal Year 2020 Quarter 3 Strategic Plan Update (November 20, 2020) • Adoption of City of Englewood 2020-2022 Strategic Plan (July 16, 2020) • Strategic Plan and Survey Response Overview (June 4, 2020) SUMMARY: In July of 2020, the City of Englewood City Council adopted the City of Englewood 2020-2022 Strategic Plan ("strategic plan"). Organized into seven outcome areas, the strategic plan includes numerous goals and projects designed to meet the goals of the plan. Each month, the City Manager and Assistant City Manager meet with each department leader to discuss progress on the strategic plan. The changes below represent slight modifications requested by departments and considered valid changes by the City Manager's Office. ANALYSIS: The strategic plan includes 157 projects, of which: • 103 are in progress; • 33 are complete; • 17 are delayed; and • 3 are recommended for modification or removal. During the third quarter of the 2021 Fiscal Year, staff completed the following projects: • Initiated construction of Stormwater S1 & S2 projects Page 133 of 402 • Hired an engineer with experience in asset management in the Utilities Department (Infrastructure); • Completed a city-wide small storm sewer system cleaning (Infrastructure); • Televised large stormwater sewer system cleaning (Infrastructure); • Developed a dedicated business web portal (Local Economy); • Online permitting system went live (Local Economy) • Initiated in-person customer feedback sessions with economic development program clients (Local Economy); • Worked closely with the Human Resources Department on a hiring and recruitment strategy for the Police Department and attended career fairs (Safety); and • Developed a marketing plan to highlight standout Englewood Police Department Programs (Safety). Staff recommends that Council consider the following three modifications to the strategic plan: Outcome Area Goal Project Removal or Modification Reason Local Economy Celebrate economic and redevelopment successes Propose a mobile workshop in Englewood for the 2021 Spring Urban Land Institute (ULI) meeting in Denver Removal Due to COVID- 19, this conference did not occur in person in Denver this year as originally planned Local Economy Retain and sustain local business Reinstitute monthly meetings with key employers Swedish Medical Center and Craig Hospital Modification- change from monthly to quarterly In speaking to the hospitals, staff believes that quarterly meetings fit better into the schedules of all parties while providing additional preparation time between meetings Transportation Ensure an outstanding pedestrian experience along and near the Englewood Trolley stops and route Develop a streetscape plan for the route to include enhanced landscaping, benches, trash containers, etc. Modification- add "and bike racks" Ensures that bike racks are included as part of the streetscape plan which incorporates aesthetically pleasing elements designed to provide additional Page 134 of 402 multimodal transportation opportunities CONCLUSION: Staff recommends that Council approve by motion changes to the strategic plan included in this communication and accept this report as a status update on the strategic plan. FINANCIAL IMPLICATIONS: Most costs related to strategic plan projects are absorbed by the City's operating budget. Supplemental budgets in April, 202, provided additional funding for items included in the strategic plan, and the City is considering using American Rescue Plan (ARPA) funds and seeking out grants to support additional items, such as investments in infrastructure. CONNECTION TO STRATEGIC PLAN: This report includes an update on all items included in the strategic plan. OUTREACH/COMMUNICATIONS: In January of each year, the City Council holds a retreat to review and revise the strategic plan. Each quarter, the strategic plan dashboard is posted on the City's website, allowing the public to track progress on strategic plan projects. Staff is in the initial stages of developing a proposal and structure for the Council retreat in January, 2022. ATTACHMENTS: Fiscal Year 2021 Quarter 3 Strategic Plan Dashboard Page 135 of 402 Page 136 of 402 City of Englewood Strategic Plan In the summer of 2020,the Englewood City Council approved a three year strategic plan which runs through the 2022 fiscal year.The strategic plan is anchored by the city’s mission,vision,and values,and organizes work towards the achievement of seven outcomes.Progress updates will be provided quarterly,with a performance report issued in January of every year. Infrastructure Local Economy Safety Sustainability TransportationNeighborhoods Governance Page 137 of 402 Strategic Plan at a Glance 157 total projects •103 projects in progress (66%) •33 projects complete (21%) •17 projects delayed (11%) •3 projects recommended for modification/ deletion (2%)Page 138 of 402 Key On track On track, with challenges Off track Project completed Impacted by COVID-19 Project slated for deletion/modification Page 139 of 402 Infrastructure 11 total projects •6 projects in progress (60%) •4 projects completed (40%) Completed Projects •Initiate construction of Stormwater S1 & S2 projects (Q2) •Hire engineer with experience in asset management in the Utilities Department (Q3) •Complete a city-wide small storm sewer system cleaning (Q3) •Televise large stormwater sewer system (Q3)Page 140 of 402 Infrastructure GOAL PROJECT STATUS NOTES Educate public on the importance of building, maintaining, replacing, and funding infrastructure Promote in Englewood Citizen, City website, and on social media as well as publicize at events Article on importance of rising rates in fall Citizen Magazine. Postcards updating water, sewer, and stormwater information sent to all mailing addresses in the City. Ensure neighborhood roadways are safe and well-maintained Complete corrective, preventative, and routine maintenance in accordance with the Pavement Management Program Slurry seal completed. Starting in mid October on mill and overlay. Street crew will conduct routine maintenance in Zone 4 this winter Establish a City-wide Asset Management Plan Implementation of an asset management system that has a direct correlation with capital improvement planning Purchased Cartegraph software and starting implementation in a variety of areas in October. Starting to integrate three work order management systems into one. Complete asset management strategy plan and coordinate with already completed asset management strategy plan for South Platte Renew Hire engineer with experience in asset management in UtilitiesPage 141 of 402 Infrastructure Sub-Goal PROJECT STATUS NOTES Reduce the number of structures at risk of flooding in a 25-year storm event by 20% Initiate construction of Stormwater S1 & S2 projects Design contract issued. Completed in Q2 Complete construction of stormwater S3A & S3B projects; Begin design of hospital-area project Plan to start in mid-October. Water, stormwater, and sanitary will be done at the same time for the hospital area as part of complete streets program Complete a city-wide small storm sewer system cleaning Project in northwest corner is complete Televise large stormwater sewer system cleaning Complete Outfall System Plan/ Major Drainageway Plan Update Preliminary draft report anticipated in July . Completion anticipated in Spring 2022 Repair potholes initially within 7 business days Complete pothole repairs and track progress on a web-based pothole map. In progress Page 142 of 402 Local Economy 42 projects •30 projects in progress (71%) •2 slated for removal/modification (5%) •4 delayed (10%) •6 completed (14%) 6 completed projects •Launch of Downtown Development Authority (DDA) and appointment of board members (Q2) •Provide the updated community profile to local and regional commercial brokers (Q2) •Develop a dedicated business web portal (Q3) •Online permitting system will be live in first quarter of 2021 (Q3) •Initiate in-person customer feedback sessions with economic development program clients (Q3) •Provide the updated community profile to local and regional commercial brokers (Q2)Page 143 of 402 Local Economy GOAL PROJECT STATUS NOTES Assess development codes bi- annually and modify as needed Incorporate code changes into Title 16 comprehensive rewrite CodeNext project underway Attract and retain a diversified industry mix including retail, restaurant, manufacturing, medical, and arts Identify, develop, and distribute business interest stories for distribution to local and regional media Development update in 8/26 edition of Englewood Herald Downtown Development Authority (DDA) to support goal if authorized Page 144 of 402 Local Economy GOAL PROJECT STATUS NOTES Attract and retain a hotel in central Englewood If proven feasible in the market and for the master developer, initiate a hotel development at CityCenter Delayed due to the impact of COVID-19 on the hotel industry. Hotels are permitted in pending MU-B-01 rezoning Celebrate economic and redevelopment successes Promote successes on our marketing channels Story-telling and staycation series continuing. Staycation series being adapted for TikTok and Instagram reels Submit projects and programs for awards and other professional recognition Economic Development Council of Colorado (EDDC) “Eddie Award” application submitted on September 3rd, 2021. Recognize the achievements of Englewood businesses and development projects at City Council meetings Proclamation planned for September Propose a mobile workshop in Englewood for the 2021 Spring Urban Land Institute (ULI) meeting in Denver Remove, as an in person ULI meeting did not occur due to the impact of COVID-19Page 145 of 402 Local Economy GOAL PROJECT STATUS NOTES Ensure a focus on locally owned and operated businesses Continue economic development program focus on small scale, entrepreneurial business retention and attraction through grants, training, and events Eight grants approved/ completed in 2021 to date. Five grants are pending or in application stage, and two scholarships have been approved Develop a dedicated business web portal Completed DDA to support goal (if authorized) Ensure commercial areas, like neighborhoods, have unique character and pedestrian amenities for employees and visitors Create commercial zones and districts Incorporated into CodeNext project Provide wayfinding and placemaking elements such as creative crosswalks in commercial areas Main Street grant will improve paseas and mid- block crossing. Included in CodeNext DDA to support goal (if authorized)In progress with the formation of the DDA Ensure Englewood development process is equivalent to or better than neighboring communities Online permitting system will be live in the first quarter of 2021 Conduct regular, in-person input sessions with customers of Planning, Building, and Economic Development Services Final 2021 customer feedback session will be late in Q3/Q4. Building in Q1 of 2022 Incorporate efficiencies into new Title 16 regulations and codes as part of comprehensive re-write Incorporated into CodeNext project Re-evaluate the development review process for maximum efficiencies Incorporated into CodeNext projectPage 146 of 402 Local Economy Sub-Goal PROJECT STATUS NOTES Ensure pro-business climate while maintaining high standards for development Ensure that Development Review Team (DRT) and departmental review processing of development applications is completed in accordance with City codes and guidelines, but in a timely manner DRT staff orientation session occurred in September, 2021 Initiate in-person customer feedback sessions with economic development program clients Establish a Downtown Development Authority If authorized by district electors, the DDA is formed, board members appointed by City Council and operations commence If DDA is authorized, conduct negotiations with the Englewood Public Schools and Arapahoe County regarding the allocation of tax increment Meetings with county and schools conducted in August, and follow up with the school district scheduled for mid-October Page 147 of 402 Local Economy Sub-Goal PROJECT STATUS NOTES Hold commercial vacancy along S Broadway to a minimum by supporting redevelopment of aging properties and supporting new business development in the area Continue to provide monthly statistical indicators of commercial occupancy in Community Development newsletter Monthly newsletter Provide the updated community profile to local and regional commercial brokers Completed in late 2020 Meet with property owners about why properties are vacant Impacted by resurgence of COVID-19 conditions Conduct exit interviews with companies closing or leaving Englewood Initial interviews conducted. Staff in Community Development will work with Finance Department regarding the accuracy of information Investigate vacancy fees to disincentivize leaving buildings vacant Postponed until COVID-19 conditions consistently improve Support additional office development for larger (25 plus full time employee) office tenants in the South Broadway corridor No new 25 plus employee office tenants in Q3 Interview new businesses about success factors that lead to Englewood as their location of choice 45 new businesses contacted year to date in 2021 DDA to support goal (if authorized)Page 148 of 402 Local Economy Sub-Goal PROJECT STATUS NOTES Promote business to business transactions and shop local campaigns Promote local businesses in the Citizen Magazine and on social media On-going communications strategy. Currently, Eat, Explore, Enjoy is being developed and staycations have been promoted through TikTok/Reels Identify, develop and distribute business interest stories for distribution to local and regional media ids Coordinate with the Chamber of Commerce and ACE to conduct Small Business Saturday Contact made with Chamber and Manufacturers’ Edge DDA to support goal (if authorized) Redevelop and densify CityCenter Initiate first phase of redevelopment at CityCenter Rezoning approaching completion. Framework agreement still needs review, and developer plans to proceed based on outcome of DDA debt authorization election Retain and sustain local business Continue economic development program focus on small scale and entrepreneurial business retention and attraction through grants, training, and events Grants remain in progress. Three grants approved in Quarter 1 and three are pending. All are in the S Broadway Corridor Reinstitute monthly meetings with key employers Swedish Medical Center and Craig Hospital Modify-move to quarterly meetings DDA to support goal (if authorized) Conduct quarterly tax seminars to encourage communications between business and City of Englewood Finance Participation decreasing before COVID. Will consider online training and restructuringPage 149 of 402 Local Economy GOAL PROJECT STATUS NOTES Utilize job training and skills development programs for local businesses, residents, and people experiencing homelessness Implement training programs Cosponsoring and provided outreach for health job fair in September with some in person events Explore opportunities for educational and training institutions to locate training facilities and conduct programs in Englewood Service industry job fair with AD works in mid- June Page 150 of 402 Safety 36 total projects •15 projects in progress (42%) •18 completed projects (50%) •3 delayed projects (8%) 18 completed projects •Analyze and assess strategy with AllHealth network (Q2) •Hire and utilize seasonal code officer approved in budget (Q2) •Begin implementation of Restorative Justice program (Q2) •Assign an innovation officer from existing resources (Q2) •Consider the removal of identification of Excited Dellirium as a “serious medical condition” (Q2) •Identify all de-escalation training needs and integrate them into training program (Q2) •Launch a website dedicated to the recruitment of police officers (Q2) •Develop and implement a training program (Q2) •Provide crisis intervention training (Q2) •Develop strategy for equity and inclusion training (Q2) •Begin steps to establish a community engagement position (Q2) •Conduct a review of CIT hours (Q2) •Modify co-responder job description (Q2) •Ensure co-responder job description includes case management (Q2) •Expand co-responder program and 911 diversion (Q2) •Participation in Tri-Cities Homelessness Plan of Action (Q2) •Work closely with Human Resources and attend career fairs (Q3) •Develop a marketing plan to highlight stand out Englewood Police Department programs (Q3)Page 151 of 402 Safety GOAL PROJECT STATUS NOTES Ensure high quality public safety services Analyze and assess the strategy with All Health in order to fill in gaps that would better serve the community. No additional cost estimated at this time other than adjustments to salary structure for the two Co-Responders Case Manager position added within two weeks after proposal received by the City. Ongoing, additional information in April Provide robust training and development program Two in service academies offered in Quarter 1. Created partnership with Children’s Hospital to provide diversity and inclusivity training. Sergeant merit pay program now includes diversity and equity training (internal and external) Ensure reduced speed in neighborhoods and traffic calming measures where appropriate Create a Neighborhood Traffic Calming Program Partnered with a recent development on this topic as an example of a public/private partnership Begin implementation of the Neighborhood Traffic Calming Program Will begin in 2022 Ensure the built environment is constructed in a safe manner through CPED (Crime Prevention Through Environmental Design) implementation Implement improved park design through park renovations that take into account CPED criteria Crime Prevention through Environmental Design (CPTED) is complete, and the final report will be out by Q4. Page 152 of 402 Safety GOAL PROJECT STATUS NOTES Ensure well maintained residential and commercial properties throughout the City Maintain proactive Code Enforcement Activities Park Ranger position has been filled. Approval for next year (2022) for an additional Seasional Code Officer (two total). Title 16 Review Committee work is underway Hire and utilize seasonal code officer approved in budget Hired seasonal officer Work with Communications on items in preceding goal Continue Nuisance Abatement Team for problem properties Successful implementation of the Nuisance Abatement Team Ensure widespread knowledge of property maintenance codes for both residential and commercial properties Increase the scope of public education via the various communication opportunities that the City possesses Code Enforcement communications plan has been developed and the first posts went out starting the week of August 9Page 153 of 402 Safety GOAL PROJECT STATUS NOTES Pursue zero vehicular, pedestrian, and cyclist deaths Analyze prior year’s performance and refine approaches where necessary Exploring models for traffic engineering Research and implement innovative and effective best practices used throughout the country for both Police and Code Enforcement If determined that Restorative Justice is viable for the City of Englewood, then it will be implemented in thoughtful and incremental steps Restorative Justice Coordinator hired Continue to work with the Tri-Cities group as well as Change the Trend in developing strategies to offset homelessness Assign an innovation officer from existing staff resources who stays abreast of best practices and educated department Existing officers conduct research on innovations and best practices. This process will be formalized Page 154 of 402 Safety GOAL PROJECT STATUS NOTES Collect data on and make recommendations related to use of force policies Consider use of force policy Ongoing updates as necessary to all officers regarding updated policies Compile annual report on use of force for internal and external communication Ongoing project with the RMS implementation team Consider the removal of identification of Excited Dellerium as a “serious medical condition” Discussed with the City Attorney’s Office, and policy meets best practices throughout the country. Restorative Justice Coordinator hired. New for Q2, 2021 Identify all de-escalation training needs and integrate them into training program Completed, including launch of ongoing training opportunities. New for Q2, 2021 Create and implement Community Engagement Plan Full-time community relations person submitted as part of FY2022 budget request Page 155 of 402 Safety GOAL PROJECT STATUS NOTES Evaluate and implement programs and policies to address factors impacting Police Department operations Ensure that the Police Department continues to participate in the Tri-Cities Homelessness Initiative, and relay pertinent programs back to the department New in Q2, 2021 Explore, develop and implement models of alternate policing Expand CIT, Co-Responder and undertake 911 diversion to legal/medical health responders Presentation to Council scheduled for 8/23 on progress. New in Q2, 2021 Ensure Co-Responder program includes case management by adding staff/resources; ensure proactive outreach to repeat CIT contacts New in Q2, 2021 Modify co-responder job description to include case management New in Q2, 2021 Conduct a reevaluation of CIT work hours to best meet the needs of the department New in Q2, 2021 Establish, recruit for, and hire a new outreach position to work with mental health, substance abuse, and homelessness needs New in Q2, 2021 Develop a process for enhancing the use of SAFY All Health Network is developing a CAHOOTS Program and the City is working with the Colorado Crisis Center. New in Q2, 2021 Initiate the use of metrics to review and evaluate the success of the Co-Responder program New in Q2, 2021 Create protocols to work with the dispatch center to divert mental health calls to crisis system New in Q2, 2021Page 156 of 402 Safety GOAL PROJECT STATUS NOTES Improved training, hiring, and discipline process Develop a program to financially support non-POST certified candidates in the certification process program already in place Plans to implement in Q1 2022 Develop a strategy, modeled on the Government Alliance on Race and Equity (GARE) for training on bias and diversity; make trainings interdepartmental between police and staff from other City departments New in Q2, 2021 Provide Crisis Intervention Training to all officers, including refresher trainings and an annual in-service training program CIT classes are scheduled and refreshers have been done with AllHealth through in service training. New in Q2, 2021 Have external trainers identified and utilized as part of annual training External instructors have been used for many years. We will continue to use outside subject matter experts for training Develop and implement a Training Policy New in Q2, 2021 Launch a website dedicated to the recruitment of police officers Completed in partnership with the Communications Department. New in Q2, 2021 Work closely with Human Resources and attend career fairs New in Q2, 2021. Policies and hiring/recruiting/retention plan in place Develop a marketing plan to highlight stand-out programs provided by the Englewood Police Department, such as the Impact Team and Co-Responders Partnering with Communications Department, focused on Colorado is a desirable state to be a police officer. New in Q2, 2021Page 157 of 402 Sustainability 26 total projects •19 in progress •5 delayed •2 completed *Additional projects are included in the Sustainability Plan and track to other areas of the strategic plan. Full Sustainability Plan reporting will begin in early FY2021 2 complete projects •Develop a comprehensive asset management program to ensure maintenance and replacement of planning for city buildings (Q2) •Evaluate opportunities for incorporating water quality improvements into public infrastructure projects (Q2)Page 158 of 402 Sustainability Sub-Goal PROJECT STATUS NOTES Address aging irrigation systems in parks Implement park irrigation system repair and replacement plans Plans in progress for renovations at Baker and Rotollo Parks and Englewood Parkway Consider long-term sustainability in infrastructure Evaluate financial model supporting sustainability in infrastructure and communicate necessary alternatives, if applicable Study best practices from other cities. Develop a proactive capital plan to address needed capital and maintenance needs of city buildings Develop and implement comprehensive Capital Improvement Plan Nearing full implementation of OpenGov capital project tracker. Evaluate organized garbage & recycling collection program Implement system if Council/residents choose a single hauler Discussion with Council held on June 14th. Draft RFP is with City Attorney’s Office for review Food system Continue quarterly food drives to assist nonprofits in providing food to people facing food insecurity Library installed a “Little Pantry’ for patrons to access in the library. Multiple non-profits help supply the snacks provided at the Library’s Little Pantry. New in Q2, 2021Page 159 of 402 Sustainability GOAL PROJECT STATUS NOTES Improve taste and clarity of Englewood water Complete construction of Big Dry Creek Diversion project Will commence in Q3 Complete water softening evaluation Increase efficiency of irrigation systems in parks Replace/repair irrigation systems in parks by replacing outdated nozzles and spray heads to increase efficiency. Replace outdated valves and overall irrigation systems Irrigation repairs identified and completed at Romans, Colorado’s Finest, Belleview #3, Centennial, and Rockies Increase recycling efforts Implement a recycling program at all city facilities; track tonnage collected Launched through facilities supervisor, and will continue to develop Increase water conservation efforts Implement water conservation program Reviewing bids to determine best approach Install meters to eliminate flat rate accounts Developing program utilizing an on-call engineer. Issued competitive RFQ for competitive engineers Page 160 of 402 Sustainability GOAL PROJECT STATUS NOTES Invest in water infrastructure As funding materializes, implement phased repair and replacement schedule outlined in the masterplan In progress-WIFIA loan will be a boost to ability to address capital projects Maintain the current build environment and maximize the lifecycle of newer high-profile buildings (police station, schools) Develop a comprehensive asset management program to ensure maintenance and replacement of planning for city buildings Move toward a green energy grid with steps towards energy independence Evaluate current Ameresco contract Implementation yet to begin Move toward a green energy grid with steps toward energy independence Work with the Colorado Energy Office to conduct an Energy Performance Contacting Audit of all City buildings Implementation yet to begin Promote homeowner and business conservation and sustainability efforts Explore reducing wait list for residential E3 program by supplementing CDBG funds with General Fund dollars to the extent allowed by federal guidelines May consider removing people from the waitlist, contingent on budget Page 161 of 402 Sustainability GOAL PROJECT STATUS NOTES Pursue funding partnerships regionally and nationally for water programs Evaluate possible grant opportunities Applying for USBR grant and tracking federal funding opportunities Stormwater quality Evaluate opportunities for incorporating water quality improvements into public infrastructure projects ServiCenter project completed in June, 2021 Support pollinators, particularly in parks, and cut the use of pesticides Plant flowers and plants that attract pollinators in parks, flower beds and around golf courses. Annually 25 flower beds are planted with flowers such as Black Eyed Susans, Benstemon, Snapdragons and Verbena Flowers ordered and will be planted at the end of May. Flowers are installed in the flower beds and pots along Broadway Reduce the use of Glyphosate in parks and open space. Transition to the use of pre-emergent herbicides and plantings of deeper much beds Integrated Pest Management policy established and will be published on parks website when finalized Utilize organic fertilizers on athletic fields. Increase the use of the organic fertilizer by 20% annually over the next 5 years 100% organic fertilizer used on athletic fields and parks. Reduce the use of Glyphosate in parks and open space by 25% On July 5th, staff ordered organic herbicide to test ROW in passive areas in parks. Parks crews will monitor progress of the new organic herbicide to see effectiveness Page 162 of 402 Sustainability GOAL PROJECT STATUS NOTES Consider long-term sustainability in infrastructure Consider putting energy efficiency in Building Code and continue to pursue Green Building Code Explore alternative energy opportunities Study and pursue geothermal opportunities Study and pursue microturbines and wind trees Study and pursue decentralized solar gardens Page 163 of 402 Neighborhoods 27 total projects •21 in progress (78%) •5 delayed (19%) •1 completed (3%) 1 completed project •Purchase neighborhood traveling trailer (Q2)Page 164 of 402 Neighborhoods GOAL PROJECT STATUS NOTES Ensure neighbors are connected to one another Neighborhood Resources Coordinator will work with neighborhood group leaders to organize neighborhood events Neighborhood Nights have been received well by neighborhoods. 24 Get to Know Your Neighbor Grants have been approved. Build neighborhood pages on Englewood Engaged Three neighborhood webpages have been built Create neighborhood grant program to promote beautification, service projects, neighborhood identification, neighborhood events, etc. June 19th Neighborhood Rehab project brought out 80 plus volunteers. Considering installing neighborhood signage and starting beautification grant program Neighborhood Resources Program continues to gain registered neighborhood groups Will move forward after Council weighs in on the neighborhood starter map. Working to divide larger neighborhoods into smaller ones Promote neighbor to neighbor programs like Snow Buddies Block Party Trailer-15 weekends have been reserved. Welcome Bags-43 bags have been requested Ensure residents feel ownership and connection to law enforcement/ code enforcement Neighborhood Resources Coordinator will work with neighbors to bring law enforcement/ code enforcement officers to neighborhood meetings to educate neighbors Invited police department to Neighborhood Nights Neighborhood Resources Newsletter will include positive story about law enforcement/code Sought out-social media posts about Marmots Page 165 of 402 Neighborhoods GOAL PROJECT STATUS NOTES Ensure walkability and an improved pedestrian experience Outreach to the public about locations to install curb extensions, temporary roundabouts and other traffic calming devices Upgrade or replace a minimum of 40 pedestrian ramps per year to work towards compliance with the ADA guidelines 2021 concrete replacement plans out for bid in May for construction in Summer/ Fall 2021 Consider flashing light crosswalk signage Under consideration Establish Neighborhood Resources Program and Neighborhood Resources Coordinator Establish 5 registered neighborhood groups Three registered and 12 organized. Registration on hold Purchase traveling neighborhood party trailer Reservation system set up and finalizing process Continue to increase National Night Out participation 16 parties held Recruit volunteers through paid advertising in Herald, social media, etc. Englewood Engaged page set up. Meeting neighbors at Neighborhood NightsPage 166 of 402 Neighborhoods GOAL PROJECT STATUS NOTES Organize neighborhoods into distinct areas with unique identities Promote in Englewood Citizen, city website and social media. Publicize at events Three neighborhood pages on Englewood Engaged. Considering neighborhood signage Recruit Neighborhood Group Leaders More than 30 active neighborhood group leaders Setup system of residents to draw their own map of their neighborhood and create name suggestions On hold Establish registered neighborhood groups On hold Page 167 of 402 Neighborhoods GOAL PROJECT STATUS NOTES Promote volunteerism in neighborhoods Promote in Englewood Citizen, city website, and city social media Neighborhood resources has monthly space in magazine. Recently promoted Snow Buddies in the Winter Edition Encourage neighborhood groups to plan volunteer days for their neighborhood Working on recruiting volunteers for pollinator garden. Always give neighborhoods the option to host park cleanups Work with City departments to identify Adopt a Spot locations for volunteers to landscape or cleanup or provide additional volunteer opportunities Currently working on depot and butterfly garden, which will be used as a pilot for CU at the pollinator garden Work to ensure residents are informed and engaged with their local governments Neighborhood Resources Coordinator will communicate city information with neighborhood group leaders Have information at Neighborhood Nights. Working with Cushing Neighborhood to figure out if they can convert a concrete lot to a community space Neighborhood Resources Coordinate will communicate city information with neighborhood leaders Continue Citizens Planning School Spring/Fall Will launch in the fall Reduce neighbor to neighbor conflict Train staff to identify neighbor to neighbor disputes and refer them to Neighborhood Resources and the mediation program Mediation program ran by the Neighborhood Resources Program (12 so far in 2021)Page 168 of 402 Neighborhoods GOAL PROJECT STATUS NOTES Encourage diversity of people and architecture Incorporate these elements into the redevelopment of CityCenter Included in budget for CodeNext Ensure affordability Continue E3 and HRIP programs Intergovernmental agreements with Arapahoe County for CDBG approved by Council Page 169 of 402 Transportation 9 total projects •8 in progress (89%) •1 recommended for modification/ removal (11%)Page 170 of 402 Transportation GOAL PROJECT STATUS NOTES Develop a system of non-motorized trails and paths that are safe, separated from vehicular traffic and connect the entire city (short term: paint bike lanes and promote protected bike lanes) Construct Walk-n-Wheel Plan initiatives, with available funding Started work on Zuni bike lanes, with completion planned for the end of October. rewarding contract for Windemere bike lanes in mid-October. Complete design & construction of Oxford pedestrian bridge project 60% design plans completed, pre-fabricated bridge Increase ridership on RTD transit options in Englewood If created, explore long-term funding options for the Englewood Trolley with the DDA Awaiting schedule of meeting with the City and RTD board rep Assess intersections with high auto and pedestrian accident rates and implement safety improvements Create a quarterly agenda item for ETAC to review dangerous intersections and work with staff to develop and implement solutions New in Q2, 2021 Page 171 of 402 Transportation GOAL PROJECT STATUS NOTES Ensure an outstanding pedestrian experience along and near the Englewood Trolley stops and route Develop a streetscape plan for the route to include enhanced landscaping, benches, trash containers, etc. Specifying locations. Added to strategic plan in Q2, 2021. Modify to add “and bike racks” Improve pedestrian safety Implement safety components of the 2015 Walk & Wheel Plan Between Zuni and Windemere Improve the pedestrian experience along highly traversed corridors Complete a streetscape design plan for South Broadway Likely to be DDA TIF-backed project in 2022/2023 Improve walkability for seniors and the disabled Provide better connections between City Center, Downtown, and senior centers such as the Simon Center and Malley Center Should be completed in Quarter 4. Sidewalk work completed, including grinding around the Malley Center. Complete sidewalk assessment and fund improvements to identify problem areas in the DDA Added to strategic plan in Q2, 2021Page 172 of 402 Governance 6 total projects •2 complete (33%) •4 in progress (67%) Completed Projects •Launch of City website (Q2) •Implementation of asset management system (Q2)Page 173 of 402 Governance GOAL PROJECT STATUS NOTES Develop an information technology infrastructure-including hardware, software, people, and facilities-that is secure, resilient and adaptable to meet the current and anticipated future needs of the City Launch new city website Completed (Q1) Design fiber to city facilities Design approved by Council on May 3rd, and design work will be completed over the summer. Implementation of permitting and licensing system Moving ahead on schedule. Working on GIS integration, as well as completing configuration and testing with go-live expected on August 1. Implementation of asset management system Implementation/ upgrade of security cameras Permit received and installation has begun Implement new iCompass Board and Commission software Process in development Page 174 of 402 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: November 1, 2021 SUBJECT: 2022 Fee and Rate Schedule DESCRIPTION: Resolution for the 2022 Fee and Rate Schedule RECOMMENDATION: Staff recommends City Council to approve the comprehensive 2022 Fee and Rate Schedule Resolution. This schedule conveniently lists the city's various fees and rates and is accessible at the following link: https://www.englewoodco.gov/government/city-departments/finance PREVIOUS COUNCIL ACTION: Since 2018, City Council has annually reviewed and considered for approval by resolution the city's comprehensive fees and rates schedule. Prior to this process, the listing of rates and fees were kept within the various departments rather than a single repository. Also as rates and/or fees needed to be updated, each department would request City Council to consider each change at different times throughout the year. The current process is more efficient by providing an annual resolution to communicate changes to the rates and fees as well as provide a comprehensive listing of city rates and fees. Rate and fee changes that are set by Ordinance (such as Sewer and Stormwater Utility Rates) will continue to be established by that process. Staff has addressed changes to specific fees and rates during the 2022 budgeting process and also during discussions noted below: Tonight, City Council will consider and vote on the second reading of the following rate and fee increases: • Council Bill No. 50 to increase the Stormwater Utility Rates as prescribed from the 2019 Raftelis Rate Study. Effective January 1, 2022 the quarterly rate changed from $30.81 to $43.74 (or $12.93 quarterly increase) and the commercial impervious square footage rate changed from $.0257 to $.0365 (or $.0108 per square foot increase). The residential invoices billed quarterly will be billed monthly starting in 2022. The monthly rate is $14.58. • Council Bill No. 51 and 52 to increase the Sewer Utility Rates 4.5% and Connection Fees by 2.7%; effective January 1, 2022 Page 175 of 402 SUMMARY: The comprehensive 2022 Fee and Rate Schedule (please see attachment #2) is provided by the Finance Department enabling City Council and the Englewood community to easily view fees and rates for services provided by the city. Following are the major changes incorporated into the 2022 Fee and Rate Schedule, effective January 1, 2022 (please refer to attachment #1 for a listing of fees and rates changed): General Fund • Community Development Department - various development, permit and inspection fee changes • Parks, Recreation, Library and Golf Department - Pirates Cove Admission and Swim Classes Fees and Park Field and Shelter Rental Fees Golf Course Fund • Various increases on the Englewood Broken Tee Green Fees, Water Fund • 4.5% Water Rate increase approved to fund the on-going operation, maintenance and capital improvements of the Water Utility • 2.7%Water Connection/Tap Permit Fees increase will also fund the on-going capital improvements associated with growth of the Water Utility Sewer Fund • 4.5% Sewer Rate increase was approved to fund the on-going operation, maintenance and capital improvements of the Sewer Utility. • 2.7% Sewer Connection/Tap Permit Fees and Surcharge increases was approved to fund the on-going capital improvements associated with growth of the Sewer Utility. Stormwater Drainage Fund • A $12.93 quarterly (from $30.81 to $43.74) residential bill increase or $.0365 per square footage (previously $.0257) of impervious surface was approved to finance the on-going operation, maintenance and capital improvements of the Stormwater Utility. The residential invoices billed quarterly will be billed monthly starting in 2022. The monthly rate is $14.58. ANALYSIS: Fees and rates are reviewed during the annual budgeting process to ensure that costs are being appropriately allocated for the services the City provides. The 2022 Budget includes the following revenue estimates from the new rate increases: General Fund • Community Development Department - $47K from the increases to various development, permit, and inspection fees • Parks, Recreation, Library and Golf Department - $65K from the increase to the Pirates Cove Admission and Swim Classes Fees and to the Parks Field and Shelter Rental Fees Enterprise Funds • Golf Course Fund - $75K from the 8% increase to the Golf Course Green Fees, this equates to an increase of $1-$3 per rounds of golf played (Parks, Recreation, Library and Golf Department) • Water Fund - $683K from the 4.5% increase to the water rates, and 2.7% connection/tap permit fees (Utilities Department) Page 176 of 402 • Sewer Fund - $950K from the 4.5% increase to the sewer rates, and 2.7% connection/tap permit fees and surcharges (Utilities Department) • Stormwater Drainage Fund - $477K from the $12.93 quarterly ($4.31 monthly) residential bill increase or $.0108 increase per square footage of impervious surface stormwater utility rate on residential and commercial properties (Public Works Department) CONCLUSION: Staff is requesting City Council's approval of the attached comprehensive 2022 Fees and Rates Schedule. CONNECTION TO STRATEGIC PLAN: This resolution for the city's comprehensive 2022 Fee and Rate Schedule is linked to the following Englewood Community outcome: Governance: A city government that is accountable, effective, and efficient ATTACHMENTS: Resolution #1 - 2022 New Fees and/or Rates #2 - Comprehensive 2022 Schedule of Fees and Rates Page 177 of 402 1 RESOLUTION NO. ________ SERIES OF 2021 A RESOLUTION ADOPTING THE 2022 FEE AND UTILITY RATE SCHEDULE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Englewood Municipal Code requires many service, license and permit fees to be set by Resolution of the City Council; WHEREAS, the City Council desires to incorporate all Service, License and Permit Fees and Utility Rates established by the City Council through ordinance, resolution or motion into a single Fee and Rate Schedule to provide an opportunity for the City Council to annually review, update and approve all Fees and Rates of the City of Englewood; and WHEREAS, by and through this Resolution those fees and rates established by resolution are hereby adopted, and those Service, License and Permit Fees and Utility Rates established by ordinance, resolution, motion, or otherwise are hereby incorporated to create a single document within which all Fees and Rates of the City are included. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: SECTION 1. ADOPTION. The 2022 Schedule of Service, License and Permit Fees and Utility Rates (Schedule) is hereby adopted and approved for use within the corporate limits of the City of Englewood, Colorado. SECTION 2. INCORPORATION AS ATTACHMENT A. One (1) copy of the 2022 Schedule of Service, License and Permit Fees and Utility Rates, Attachment A, is attached hereto and incorporated herein. SECTION 3. PUBLIC RECORD. This schedule shall be open to inspection and available to the public at all reasonable hours. SECTION 4. INCORPORATION OF ADOPTED FEES. All Service, License and Permit Fees previously adopted by Ordinance, Resolution or regular motion of the Governing Body of the City of Englewood, not currently incorporated into Attachment A, and not in conflict with, amended or repealed by action of approval of Attachment A, shall be incorporated into the Schedule. Page 178 of 402 2 SECTION 5. REPEAL. All Service, License and Permit Fees, or portions thereof, inconsistent or conflicting with this Schedule as set forth within Attachment A, which were set by Resolution or regular motion, are hereby repealed to the extent of such inconsistency or conflict. Any Rates or Fees mandated to be set by Ordinance are not affected by this Repealer Clause. ADOPTED AND APPROVED this 1st day of November, 2021. Linda Olson, Mayor Attest: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. ______, Series of 2021. __________________________ Stephanie Carlile Page 179 of 402 Attachment 1 - 2022 New Fees and/or RatesCity of Englewood, Colorado Fee and Rate Schedule - Changes in 2022 Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Increase to Fee or Rate Effective 1/1/2022 Current Rate Community Development Building Permit Fees $1,000,001 and up $6,205.54 for the first $1,000,000 plus $3.49 for each additional $1,000 or fraction thereof. $35.93 $6,169.63 for the first $1,000,000 plus $3.47 for each additional $1,000 or fraction thereof. Community Development Building Permit Fees $1.00 to $500 $26.00 $0.15 $25.85 Community Development Building Permit Fees $100,001 to $500,000 $1,157.00 for the first $100,000 plus $6.20 for each additional $1,000, or fraction thereof, to and including $500,000. $63.91 $1,093.13 for the first $100,000 plus $6.16 for each additional $1,000, or fraction thereof, to and including $500,000. Community Development Building Permit Fees $2,000.01 to $25,000 $76.62 for the first $2,000 plus $15.49 for each additional $1,000 or fraction thereof, to and including $0.53 $76.18 for the first $2,000 plus $15.40 for each additional $1,000 or fraction thereof, to and including Community Development Building Permit Fees $25,000.01 to $50,000 $432.88 for the first $25,000 plus $11.17 for each additional $1,000 or fraction thereof, to and including $50,000. $2.56 $430.38 for the first $25,000 plus $11.11 for each additional $1,000 or fraction thereof, to and including $50,000. Community Development Building Permit Fees $50,001 to $100,000 $712.25 for the first $50,000 plus $7.74 for each additional $1,000, or fraction thereof, to and including $100,000. $4.16 $708.13 for the first $50,000 plus $7.70 for each additional $1,000, or fraction thereof, to and including $100,000. Community Development Building Permit Fees $500,001 to $1,000,000 $3,577.83 for the first $500,000 plus $5.25 for each additional $1,000, or fraction thereof, to and including $1,000,000. $0.72 $3,557.13 for the first $500,000 plus $5.23 for each additional $1,000, or fraction thereof, to and including $1,000,000. Community Development Building Permit Fees $501 to $2,000 $26.00 for the first $500.00 plus $3.37 for each additional $100 or fraction thereof, to and including $2,000. $0.16 $25.85 for the first $500.00 plus $3.36 for each additional $100 or fraction thereof, to and including $2,000. Community Development Land Subdivision and Development Administrative Subdivision $500.00 $100.00 $400.00 Community Development Land Subdivision and Development Annexation $1,050.00 $50.00 $1,000.00 Community Development Land Subdivision and Development Major Subdivision $1,050.00 $50.00 $1,000.00 Community Development Land Subdivision and Development Minor Subdivision $700.00 $100.00 $600.00 Community Development Land Subdivision and Development Property Combination $150.00 $50.00 $100.00 Community Development Land Subdivision and Development Vacation of Easement $400.00 $100.00 $300.00 Community Development Land Subdivision and Development Vacation of Right of Way $600.00 $100.00 $500.00 Community Development Other Fees Inspections outside of normal business hours (minimum charge - 2 hours) $55 per hour $3.50 $51.50 per hour Page 180 of 402 Attachment 1 - 2022 New Fees and/or RatesCity of Englewood, Colorado Fee and Rate Schedule - Changes in 2022 Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Increase to Fee or Rate Effective 1/1/2022 Current Rate Community Development Other Fees Inspections for which no fee is specifically indicated (minimum charge - one-half hour) $55 per hour $3.50 $51.50 per hour Community Development Other Fees Additional Plan Review Fees required by changes, additions, or revisions $55.00 per hour $3.50 $51.50 per hour Community Development Other Fees Re-Inspection Fee $55.00 per hour $3.50 $51.50 per hour Community Development Use Permits Conditional Use Permit $600.00 $100.00 $500.00 Community Development Use Permits Historic Designation Application $200.00 ($300.00)$500.00 Community Development Use Permits Landscape Fee-in-Lieu $4.00 per sq. ft. of required landscaped area $0.65 $3.35 per sq. ft. of required landscaped area Community Development Written Requests Nonconforming Use Registration $150.00 $50.00 $100.00 Community Development Zoning Variance and Adjustments and Appeals Appeal $250.00 $100.00 $150.00 Community Development Zoning Variance and Adjustments and Appeals Variance $250.00 $100.00 $150.00 Community Development Zoning/Rezoning Applications Amendment to an Approved PUD or TSA Expansion or PD $1,050.00 $50.00 $1,000.00 Community Development Zoning/Rezoning Applications Base District Rezone $1,050.00 $50.00 $1,000.00 Community Development Zoning/Rezoning Applications Planned Unit Development $1,750.00 $250.00 $1,500.00 Community Development Zoning/Rezoning Applications Transit Station Area $1,750.00 $250.00 $1,500.00 Parks, Recreation, Library and Golf Golf Course Fees Green Fees Varies $4-$43 $1.00-$3.00 Varies between $3-$39/ round Parks, Recreation, Library and Golf Pirates Cove Fees Admission Fee Varies $10-$18 $1.00 Varies between $9-$17 Parks, Recreation, Library and Golf Pirates Cove Fees Learn to Swim Classes Varies $15.50-$48.50 $0.50 Varies between $15-$48 Parks, Recreation, Library and Golf Park Fees Field Rental Fee Varies $10-$55/ hour $5.00/ hour Varies between $5-$50/hour Parks, Recreation, Library and Golf Park Fees Picnic Shelter Rental Fee Varies $100-$460/ half-full day $10.00/ half day $20.00/ full day Varies between $90-$440 Public Works Storm Water Charge Annual Commercial and Residential properties per square foot of impervious surface $0.0365 $0.0108 $0.0257 Public Works Storm Water Charge Storm Water Monthly Charge (previously billed quarterly) $14.58 per month ($43.74 per quarter for SF residential) $4.31 per month (12.93 per quarter) $10.27 per month ($30.81 per quarter for SF residential) Utilities In City District Sewer - Monthly 1" meter - Flat $64.51 #VALUE!$61.73 Utilities In City District Sewer - Monthly 1" meter - Minimum $58.61 $2.52 $56.09 Utilities In City District Sewer - Monthly 1.5" meter - Flat $128.94 $5.55 $123.39 Utilities In City District Sewer - Monthly 1.5" meter - Minimum $116.95 $5.04 $111.91 Utilities In City District Sewer - Monthly 10" meter - Flat $2,936.62 $126.46 $2,810.16 Page 181 of 402 Attachment 1 - 2022 New Fees and/or RatesCity of Englewood, Colorado Fee and Rate Schedule - Changes in 2022 Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Increase to Fee or Rate Effective 1/1/2022 Current Rate Utilities In City District Sewer - Monthly 10" meter - Minimum $2,669.83 $114.97 $2,554.86 Utilities In City District Sewer - Monthly 2" meter - Flat $206.67 $8.90 $197.77 Utilities In City District Sewer - Monthly 2" meter - Minimum $187.44 $8.07 $179.37 Utilities In City District Sewer - Monthly 3" meter - Flat $412.49 $17.76 $394.73 Utilities In City District Sewer - Monthly 3" meter - Minimum $374.09 $16.11 $357.98 Utilities In City District Sewer - Monthly 3/4" meter - Flat $38.88 $1.67 $37.21 Utilities In City District Sewer - Monthly 3/4" meter - Minimum $35.38 $1.52 $33.86 Utilities In City District Sewer - Monthly 4" meter - Flat $644.73 $27.76 $616.97 Utilities In City District Sewer - Monthly 4" meter - Minimum $584.50 $25.17 $559.33 Utilities In City District Sewer - Monthly 5/8" meter - Flat $25.65 $1.10 $24.55 Utilities In City District Sewer - Monthly 5/8" meter - Minimum $23.50 $1.01 $22.49 Utilities In City District Sewer - Monthly 6" meter - Flat $1,289.42 $55.53 $1,233.89 Utilities In City District Sewer - Monthly 6" meter - Minimum $1,168.99 $50.34 $1,118.65 Utilities In City District Sewer - Monthly 8" meter - Flat $2,042.81 $87.97 $1,954.84 Utilities In City District Sewer - Monthly 8" meter - Minimum $1,857.24 $79.98 $1,777.26 Utilities In City District Sewer - Monthly Mobile Unit - Flat $7.08 $0.30 $6.78 Utilities In City District Sewer - Monthly Mobile Unit - Minimum $6.60 $0.28 $6.32 Utilities In City District Sewer - Monthly Multi-Fam Unit - Flat $11.51 $0.50 $11.01 Utilities In City District Sewer - Monthly Multi-Fam Unit - Minimum $10.56 $0.45 $10.11 Utilities In City District Sewer - Monthly Single-Family Dwell - Flat $18.58 $0.80 $17.78 Utilities In City District Sewer - Monthly Single-Family Dwell - Minimum $16.90 $0.73 $16.17 Utilities In City Sewer - Monthly 1" meter - Flat $83.35 $3.59 $79.76 Utilities In City Sewer - Monthly 1" meter - Minimum $76.15 $3.28 $72.87 Utilities In City Sewer - Monthly 1.5" meter - Flat $166.68 $7.18 $159.50 Utilities In City Sewer - Monthly 1.5" meter - Minimum $151.95 $6.54 $145.41 Utilities In City Sewer - Monthly 10" meter - Flat $3,807.61 $163.96 $3,643.65 Utilities In City Sewer - Monthly 10" meter - Minimum $3,468.76 $149.37 $3,319.39 Utilities In City Sewer - Monthly 2" meter - Flat $267.16 $11.50 $255.66 Utilities In City Sewer - Monthly 2" meter - Minimum $243.53 $10.49 $233.04 Utilities In City Sewer - Monthly 3" meter - Flat $533.24 $22.96 $510.28 Utilities In City Sewer - Monthly 3" meter - Minimum $486.03 $20.93 $465.10 Utilities In City Sewer - Monthly 3/4" meter - Flat $50.27 $2.16 $48.11 Utilities In City Sewer - Monthly 3/4" meter - Minimum $45.96 $1.98 $43.98 Utilities In City Sewer - Monthly 4" meter - Flat $833.47 $35.89 $797.58 Utilities In City Sewer - Monthly 4" meter - Minimum $759.40 $32.70 $726.70 Utilities In City Sewer - Monthly 5/8" meter - Flat $33.10 $1.43 $31.67 Utilities In City Sewer - Monthly 5/8" meter - Minimum $30.53 $1.31 $29.22 Utilities In City Sewer - Monthly 6" meter - Flat $1,666.99 $71.78 $1,595.21 Utilities In City Sewer - Monthly 6" meter - Minimum $1,518.80 $65.40 $1,453.40 Utilities In City Sewer - Monthly 8" meter - Flat $2,648.76 $114.06 $2,534.70 Utilities In City Sewer - Monthly 8" meter - Minimum $2,413.01 $103.91 $2,309.10 Utilities In City Sewer - Monthly Mobile Unit - Flat $9.16 $0.39 $8.77 Utilities In City Sewer - Monthly Mobile Unit - Minimum $8.58 $0.37 $8.21 Utilities In City Sewer - Monthly Multi-Fam Unit - Flat $14.88 $0.64 $14.24 Utilities In City Sewer - Monthly Multi-Fam Unit - Minimum $13.72 $0.59 $13.13 Utilities In City Sewer - Monthly Single-Family Dwell - Flat $24.03 $1.03 $23.00 Utilities In City Sewer - Monthly Single-Family Dwell - Minimum $21.95 $0.95 $21.00 Utilities District Sewer Billed Monthly Outside City Rates 1" meter - Flat $97.23 $4.19 $93.04 Utilities District Sewer Billed Monthly Outside City Rates 1.5" meter - Flat $194.47 $8.37 $186.10 Page 182 of 402 Attachment 1 - 2022 New Fees and/or RatesCity of Englewood, Colorado Fee and Rate Schedule - Changes in 2022 Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Increase to Fee or Rate Effective 1/1/2022 Current Rate Utilities District Sewer Billed Monthly Outside City Rates 10" meter - Flat $4,440.72 $191.23 $4,249.49 Utilities District Sewer Billed Monthly Outside City Rates 2" meter - Flat $311.61 $13.42 $298.19 Utilities District Sewer Billed Monthly Outside City Rates 3" meter - Flat $621.81 $26.78 $595.03 Utilities District Sewer Billed Monthly Outside City Rates 3/4" meter - Flat $58.63 $2.52 $56.11 Utilities District Sewer Billed Monthly Outside City Rates 4" meter - Flat $972.03 $41.86 $930.17 Utilities District Sewer Billed Monthly Outside City Rates 5/8" meter - Flat $38.63 $1.66 $36.97 Utilities District Sewer Billed Monthly Outside City Rates 6" meter - Flat $1,944.09 $83.72 $1,860.37 Utilities District Sewer Billed Monthly Outside City Rates 8" meter - Flat $3,089.17 $133.03 $2,956.14 Utilities District Sewer Billed Monthly Outside City Rates Mobile Unit - Flat $10.69 $0.46 $10.23 Utilities District Sewer Billed Monthly Outside City Rates Multi-Fam Unit - Flat $17.36 $0.75 $16.61 Utilities District Sewer Billed Monthly Outside City Rates Single-Family Dwell - Flat $27.97 $1.20 $26.77 Utilities District Sewer Billed Monthly Outside City Rates 1" meter - Minimum $89.02 $3.83 $85.19 Utilities District Sewer Billed Monthly Outside City Rates 1.5" meter - Minimum $177.64 $7.65 $169.99 Utilities District Sewer Billed Monthly Outside City Rates 10" meter - Minimum $4,055.31 $174.63 $3,880.68 Utilities District Sewer Billed Monthly Outside City Rates 2" meter - Minimum $284.71 $12.26 $272.45 Utilities District Sewer Billed Monthly Outside City Rates 3" meter - Minimum $568.22 $24.47 $543.75 Utilities District Sewer Billed Monthly Outside City Rates 3/4" meter - Minimum $53.73 $2.31 $51.42 Utilities District Sewer Billed Monthly Outside City Rates 4" meter - Minimum $887.81 $38.23 $849.58 Utilities District Sewer Billed Monthly Outside City Rates 5/8" meter - Minimum $35.69 $1.54 $34.15 Utilities District Sewer Billed Monthly Outside City Rates 6" meter - Minimum $1,775.63 $76.46 $1,699.17 Utilities District Sewer Billed Monthly Outside City Rates 8" meter - Minimum $2,821.04 $121.48 $2,699.56 Utilities District Sewer Billed Monthly Outside City Rates Mobile Unit - Minimum $10.03 $0.43 $9.60 Utilities District Sewer Billed Monthly Outside City Rates Multi-Fam Unit - Minimum $16.04 $0.69 $15.35 Utilities District Sewer Billed Monthly Outside City Rates Single-Family Dwell - Minimum $25.66 $1.10 $24.56 Utilities Sewer Treatment Connection Fee- Inside City 1" meter $3,372.00 $89.00 $3,283.00 Utilities Sewer Treatment Connection Fee- Inside City 1.5" meter $6,725.00 $177.00 $6,548.00 Page 183 of 402 Attachment 1 - 2022 New Fees and/or RatesCity of Englewood, Colorado Fee and Rate Schedule - Changes in 2022 Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Increase to Fee or Rate Effective 1/1/2022 Current Rate Utilities Sewer Treatment Connection Fee- Inside City 10" meter $155,031.00 $4,076.00 $150,955.00 Utilities Sewer Treatment Connection Fee- Inside City 2" meter $10,806.00 $284.00 $10,522.00 Utilities Sewer Treatment Connection Fee- Inside City 3" meter $21,567.00 $567.00 $21,000.00 Utilities Sewer Treatment Connection Fee- Inside City 3/4" meter or less $2,022.00 $53.00 $1,969.00 Utilities Sewer Treatment Connection Fee- Inside City 4" meter $33,718.00 $886.00 $32,832.00 Utilities Sewer Treatment Connection Fee- Inside City 6" meter $80,887.00 $2,127.00 $78,760.00 Utilities Sewer Treatment Connection Fee- Inside City 8" meter $107,849.00 $2,835.00 $105,014.00 Utilities Sewer Treatment Connection Fee- Inside City Multi-Family and Mobile Home Base charge $1,517.00 $40.00 $1,477.00 Utilities Sewer Treatment Connection Fee- Inside City Multi-Family and Mobile Home First 12 Units (each)$332.00 $9.00 $323.00 Utilities Sewer Treatment Connection Fee- Inside City Multi-Family and Mobile Home Next 22 Unites (each)$269.00 $7.00 $262.00 Utilities Sewer Treatment Connection Fee- Inside City Multi-Family and Mobile Home Units Over 34 (each)$153.00 $4.00 $149.00 Utilities Sewer Treatment Connection Fee- Outside City 1" meter $3,372.00 $89.00 $3,283.00 Utilities Sewer Treatment Connection Fee- Outside City 1.5" meter $6,725.00 $177.00 $6,548.00 Utilities Sewer Treatment Connection Fee- Outside City 10" meter $155,031.00 $49,076.00 $105,955.00 Utilities Sewer Treatment Connection Fee- Outside City 2" meter $10,806.00 $284.00 $10,522.00 Utilities Sewer Treatment Connection Fee- Outside City 3" meter $21,567.00 $567.00 $21,000.00 Utilities Sewer Treatment Connection Fee- Outside City 3/4" meter or less $2,022.00 $53.00 $1,969.00 Utilities Sewer Treatment Connection Fee- Outside City 4" meter $33,718.00 $886.00 $32,832.00 Utilities Sewer Treatment Connection Fee- Outside City 6" meter $80,887.00 $2,127.00 $78,760.00 Utilities Sewer Treatment Connection Fee- Outside City 8" meter $107,849.00 $2,835.00 $105,014.00 Utilities Sewer Treatment Connection Fee- Outside City Multi-Family and Mobile Home Base Charge $1,517.00 $40.00 $1,477.00 Utilities Sewer Treatment Connection Fee- Outside City Multi-Family and Mobile Home First 12 Units (each)$332.00 $9.00 $323.00 Utilities Sewer Treatment Connection Fee- Outside City Multi-Family and Mobile Home Next 22 Unites (each)$269.00 $7.00 $262.00 Utilities Sewer Treatment Connection Fee- Outside City Multi-Family and Mobile Home Units Over 34 (each)$153.00 $4.00 $149.00 Utilities Sewer Collection Surcharge Fee 1" meter $687.00 $18.00 $669.00 Utilities Sewer Collection Surcharge Fee 1.5" meter $1,370.00 $36.00 $1,334.00 Utilities Sewer Collection Surcharge Fee 2" meter $2,201.00 $58.00 $2,143.00 Utilities Sewer Collection Surcharge Fee 3" meter $4,392.00 $115.00 $4,277.00 Page 184 of 402 Attachment 1 - 2022 New Fees and/or RatesCity of Englewood, Colorado Fee and Rate Schedule - Changes in 2022 Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Increase to Fee or Rate Effective 1/1/2022 Current Rate Utilities Sewer Collection Surcharge Fee 3/4" meter or less $412.00 $11.00 $401.00 Utilities Sewer Collection Surcharge Fee 4" meter $6,867.00 $181.00 $6,686.00 Utilities Sewer Collection Surcharge Fee 6" meter $16,473.00 $433.08 $16,039.92 Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home Base Charge $309.00 $8.12 $300.88 Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home First 12 Units (each)$69.00 $1.81 $67.19 Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home Next 22 Unites (each)$53.00 $1.39 $51.61 Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home Units Over 34 (each)$33.00 $0.87 $32.13 Utilities Sewer Treatment and Collection Charge Total - Inside City Total - Inside Rate per 1000 gallons $3.4300 ($0.42)$3.8500 Utilities Sewer Treatment Charge - Inside Rate per 1000 gallons $2.6400 ($0.76)$3.4000 Utilities Sewer Collection Charge - Inside City Rate per 1000 gallons $0.7900 $0.34 $0.4500 Utilities Sewer Treatment Charge-Outside Rate per 1000 gallons $4.01 $0.61 $3.40 Utilities Sheridan Sanitation District Charges Business - 1" meter $40.00 $0.00 $40.00 Utilities Sheridan Sanitation District Charges Business - 3/4" meter $20.00 $0.00 $20.00 Utilities Sheridan Sanitation District Charges Mobile Home (each unit)$15.00 $0.00 $15.00 Utilities Sheridan Sanitation District Charges Single Family Dwell $20.00 $0.00 $20.00 Utilities Outside City District Sewer - Annual 1" meter - Flat $1,166.76 $50.24 $1,116.52 Utilities Outside City District Sewer - Annual 1" meter - Minimum $1,068.24 $46.00 $1,022.24 Utilities Outside City District Sewer - Annual 1.5" meter - Flat $2,333.64 $100.49 $2,233.15 Utilities Outside City District Sewer - Annual 1.5" meter - Minimum $2,131.68 $91.79 $2,039.89 Utilities Outside City District Sewer - Annual 10" meter - Flat $53,288.64 $2,294.73 $50,993.91 Utilities Outside City District Sewer - Annual 10" meter - Minimum $48,663.72 $2,095.57 $46,568.15 Utilities Outside City District Sewer - Annual 2" meter - Flat $3,739.32 $161.02 $3,578.30 Utilities Outside City District Sewer - Annual 2" meter - Minimum $3,416.52 $147.12 $3,269.40 Utilities Outside City District Sewer - Annual 3" meter - Flat $7,461.72 $321.32 $7,140.40 Utilities Outside City District Sewer - Annual 3" meter - Minimum $6,818.64 $293.63 $6,525.01 Utilities Outside City District Sewer - Annual 3/4" meter - Flat $703.56 $30.30 $673.26 Utilities Outside City District Sewer - Annual 3/4" meter - Minimum $644.76 $27.76 $617.00 Utilities Outside City District Sewer - Annual 4" meter - Flat $11,664.36 $502.29 $11,162.07 Utilities Outside City District Sewer - Annual 4" meter - Minimum $10,653.72 $458.77 $10,194.95 Utilities Outside City District Sewer - Annual 5/8" meter - Flat $463.56 $19.96 $443.60 Utilities Outside City District Sewer - Annual 5/8" meter - Minimum $428.28 $18.44 $409.84 Utilities Outside City District Sewer - Annual 6" meter - Flat $23,329.08 $1,004.60 $22,324.48 Utilities Outside City District Sewer - Annual 6" meter - Minimum $21,307.56 $917.55 $20,390.01 Utilities Outside City District Sewer - Annual 8" meter - Flat $37,070.04 $1,596.32 $35,473.72 Utilities Outside City District Sewer - Annual 8" meter - Minimum $33,852.48 $1,457.76 $32,394.72 Utilities Outside City District Sewer - Annual Mobile Unit - Flat $128.28 $5.52 $122.76 Utilities Outside City District Sewer - Annual Mobile Unit - Minimum $120.36 $5.18 $115.18 Utilities Outside City District Sewer - Annual Multi-Fam Unit - Flat $208.32 $8.97 $199.35 Utilities Outside City District Sewer - Annual Multi-Fam Unit - Minimum $192.48 $8.29 $184.19 Utilities Outside City District Sewer - Annual Single-Family Dwell - Flat $335.64 $14.45 $321.19 Utilities Outside City District Sewer - Annual Single-Family Dwell - Minimum $307.92 $13.26 $294.66 Utilities Outside City District Sewer - Monthly 1" meter - Flat $97.23 $4.19 $93.04 Utilities Outside City District Sewer - Monthly 1" meter - Minimum $89.02 $3.83 $85.19 Utilities Outside City District Sewer - Monthly 1.5" meter - Flat $194.47 $8.37 $186.10 Utilities Outside City District Sewer - Monthly 1.5" meter - Minimum $177.64 $7.65 $169.99 Utilities Outside City District Sewer - Monthly 10" meter - Flat $4,440.72 $191.23 $4,249.49 Utilities Outside City District Sewer - Monthly 10" meter - Minimum $4,055.31 $174.63 $3,880.68 Utilities Outside City District Sewer - Monthly 2" meter - Flat $311.61 $13.42 $298.19 Utilities Outside City District Sewer - Monthly 2" meter - Minimum $284.71 $12.26 $272.45 Utilities Outside City District Sewer - Monthly 3" meter - Flat $621.81 $26.78 $595.03 Utilities Outside City District Sewer - Monthly 3" meter - Minimum $568.22 $24.47 $543.75 Page 185 of 402 Attachment 1 - 2022 New Fees and/or RatesCity of Englewood, Colorado Fee and Rate Schedule - Changes in 2022 Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Increase to Fee or Rate Effective 1/1/2022 Current Rate Utilities Outside City District Sewer - Monthly 3/4" meter - Flat $58.68 $2.53 $56.15 Utilities Outside City District Sewer - Monthly 3/4" meter - Minimum $53.73 $2.31 $51.42 Utilities Outside City District Sewer - Monthly 4" meter - Flat $972.03 $41.86 $930.17 Utilities Outside City District Sewer - Monthly 4" meter - Minimum $887.81 $38.23 $849.58 Utilities Outside City District Sewer - Monthly 5/8" meter - Flat $38.63 $1.66 $36.97 Utilities Outside City District Sewer - Monthly 5/8" meter - Minimum $35.69 $1.54 $34.15 Utilities Outside City District Sewer - Monthly 6" meter - Flat $1,944.09 $83.72 $1,860.37 Utilities Outside City District Sewer - Monthly 6" meter - Minimum $1,775.63 $76.46 $1,699.17 Utilities Outside City District Sewer - Monthly 8" meter - Flat $3,089.17 $133.03 $2,956.14 Utilities Outside City District Sewer - Monthly 8" meter - Minimum $2,821.04 $121.48 $2,699.56 Utilities Outside City District Sewer - Monthly Mobile Unit - Flat $10.69 $0.46 $10.23 Utilities Outside City District Sewer - Monthly Mobile Unit - Minimum $10.03 $0.43 $9.60 Utilities Outside City District Sewer - Monthly Multi-Fam Unit - Flat $17.36 $0.75 $16.61 Utilities Outside City District Sewer - Monthly Multi-Fam Unit - Minimum $16.04 $0.69 $15.35 Utilities Outside City District Sewer - Monthly Single-Family Dwell - Flat $27.97 $1.20 $26.77 Utilities Outside City District Sewer - Monthly Single-Family Dwell - Minimum $25.66 $1.10 $24.56 Utilities Water - Flat Rates 1-3 rooms $7.16 $0.31 $6.85 Utilities Water - Flat Rates 4-5 rooms $8.96 $0.39 $8.57 Utilities Water - Flat Rates 6-7 rooms $10.41 $0.45 $9.96 Utilities Water - Flat Rates 8-9 rooms $11.53 $0.50 $11.03 Utilities Water - Flat Rates Each additional 2 rooms over 9 $1.32 $0.06 $1.26 Utilities Water - Flat Rates Bath $7.18 $0.31 $6.87 Utilities Water - Flat Rates Bath and shower $7.18 $0.31 $6.87 Utilities Water - Flat Rates Separate shower $7.18 $0.31 $6.87 Utilities Water - Flat Rates Water Closet $7.32 $0.32 $7.00 Utilities Water - Flat Rates Automatic Washer $3.43 $0.15 $3.28 Utilities Water - Flat Rates Dishwasher $3.92 $0.17 $3.75 Utilities Water - Flat Rates Garbage Disposal $2.63 $0.11 $2.52 Utilities Water - Flat Rates 1 or more automobiles per family $3.43 $0.15 $3.28 Utilities Water - Inside Metered Rates 1" meter Monthly $30.26 $1.33 $28.93 Utilities Water - Inside Metered Rates 1" meter Admin $4.01 $0.17 $3.84 Utilities Water - Inside Metered Rates 1" meter Min Usage included in minimum bill (gallons)- $26.25 $1.16 $25.09 Utilities Water - Inside Metered Rates 1.5" meter Monthly $58.63 $2.59 $56.04 Utilities Water - Inside Metered Rates 1.5" meter Admin $4.93 $0.21 $4.72 Utilities Water - Inside Metered Rates 1.5" meter Min Usage included in minimum bill (gallons)- $53.70 $2.38 $51.32 Utilities Water - Inside Metered Rates 10" meter Monthly $641.81 $28.27 $613.54 Utilities Water - Inside Metered Rates 10" meter Admin $104.81 $4.51 $100.30 Utilities Water - Inside Metered Rates 10" meter Min Usage included in minimum bill (gallons)- $537.00 $23.76 $513.24 Utilities Water - Inside Metered Rates 2" meter Monthly $93.94 $4.15 $89.79 Utilities Water - Inside Metered Rates 2" meter Admin $8.02 $0.35 $7.67 Utilities Water - Inside Metered Rates 2" meter Min Usage included in minimum bill (gallons)- $85.92 $3.80 $82.12 Utilities Water - Inside Metered Rates 3" meter Monthly $191.93 $8.46 $183.47 Utilities Water - Inside Metered Rates 3" meter Admin $30.83 $1.33 $29.50 Page 186 of 402 Attachment 1 - 2022 New Fees and/or RatesCity of Englewood, Colorado Fee and Rate Schedule - Changes in 2022 Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Increase to Fee or Rate Effective 1/1/2022 Current Rate Utilities Water - Inside Metered Rates 3" meter Min Usage included in minimum bill (gallons)- $161.10 $7.13 $153.97 Utilities Water - Inside Metered Rates 3/4" meter Monthly $3.08 $0.13 $2.95 Utilities Water - Inside Metered Rates 3/4" meter Admin $3.08 $0.13 $2.95 Utilities Water - Inside Metered Rates 3/4" meter Min Usage included in minimum bill (gallons)- $0.00 $0.00 $0.00 Utilities Water - Inside Metered Rates 4" meter Monthly $307.66 $13.57 $294.09 Utilities Water - Inside Metered Rates 4" meter Admin $39.16 $1.69 $37.47 Utilities Water - Inside Metered Rates 4" meter Min Usage included in minimum bill (gallons)- $268.50 $11.88 $256.62 Utilities Water - Inside Metered Rates 5/8" meter Monthly $3.08 $0.13 $2.95 Utilities Water - Inside Metered Rates 5/8" meter Admin $3.08 $0.13 $2.95 Utilities Water - Inside Metered Rates 5/8" meter Min Usage included in minimum bill (gallons)- $0.00 $0.00 $0.00 Utilities Water - Inside Metered Rates 6" meter Monthly $595.89 $26.30 $569.59 Utilities Water - Inside Metered Rates 6" meter Admin $58.89 $2.54 $56.35 Utilities Water - Inside Metered Rates 6" meter Min Usage included in minimum bill (gallons)- $537.00 $23.76 $513.24 Utilities Water - Inside Metered Rates Monthly Usage Rate per 1000 gallons First 400,000 $3.58 $0.16 $3.42 Utilities Water - Inside Metered Rates Monthly Usage Rate per 1000 gallons Over 400,000 $2.22 $0.10 $2.12 Utilities Water - Outside Metered Rates 1" meter Monthly $42.35 $1.85 $40.50 Utilities Water - Outside Metered Rates 1" meter Admin $5.61 $0.24 $5.37 Utilities Water - Outside Metered Rates 1" meter Min Usage included in minimum bill (gallons)- $36.74 $1.61 $35.13 Utilities Water - Outside Metered Rates 1.5" meter Monthly $82.06 $3.60 $78.46 Utilities Water - Outside Metered Rates 1.5" meter Admin $6.91 $0.30 $6.61 Utilities Water - Outside Metered Rates 1.5" meter Min Usage included in minimum bill (gallons)- $75.15 $3.30 $71.85 Utilities Water - Outside Metered Rates 10" meter Monthly $898.24 $39.28 $858.96 Utilities Water - Outside Metered Rates 10" meter Admin $146.74 $6.32 $140.42 Utilities Water - Outside Metered Rates 10" meter Min Usage included in minimum bill (gallons)- $751.50 $32.96 $718.54 Utilities Water - Outside Metered Rates 2" meter Monthly $131.46 $5.75 $125.71 Utilities Water - Outside Metered Rates 2" meter Admin $11.22 $0.48 $10.74 Utilities Water - Outside Metered Rates 2" meter Min Usage included in minimum bill (gallons)- $120.24 $5.27 $114.97 Utilities Water - Outside Metered Rates 3" meter Monthly $268.61 $11.75 $256.86 Utilities Water - Outside Metered Rates 3" meter Admin $43.16 $1.86 $41.30 Utilities Water - Outside Metered Rates 3" meter Min Usage included in minimum bill (gallons)- $225.45 $9.89 $215.56 Page 187 of 402 Attachment 1 - 2022 New Fees and/or RatesCity of Englewood, Colorado Fee and Rate Schedule - Changes in 2022 Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Increase to Fee or Rate Effective 1/1/2022 Current Rate Utilities Water - Outside Metered Rates 3/4" meter Monthly $4.32 $0.19 $4.13 Utilities Water - Outside Metered Rates 3/4" meter Admin $4.32 $0.19 $4.13 Utilities Water - Outside Metered Rates 3/4" meter Min Usage included in minimum bill (gallons)- $0.00 $0.00 $0.00 Utilities Water - Outside Metered Rates 4" meter Monthly $430.56 $18.84 $411.72 Utilities Water - Outside Metered Rates 4" meter Admin $54.81 $2.36 $52.45 Utilities Water - Outside Metered Rates 4" meter Min Usage included in minimum bill (gallons)- $375.75 $16.48 $359.27 Utilities Water - Outside Metered Rates 5/8" meter Monthly $4.32 $0.19 $4.13 Utilities Water - Outside Metered Rates 5/8" meter Admin $4.32 $0.19 $4.13 Utilities Water - Outside Metered Rates 5/8" meter Min Usage included in minimum bill (gallons)- $0.00 $0.00 $0.00 Utilities Water - Outside Metered Rates 6" meter Monthly $833.94 $36.51 $797.43 Utilities Water - Outside Metered Rates 6" meter Admin $82.44 $3.55 $78.89 Utilities Water - Outside Metered Rates 6" meter Min Usage included in minimum bill (gallons)- $751.50 $32.96 $718.54 Utilities Water - Outside Metered Rates Monthly Usage Rate per 1000 First 400,000 $5.01 $0.22 $4.79 Utilities Water - Outside Metered Rates Monthly Usage Rate per 1000 gallons Over 400,000 $3.10 $0.13 $2.97 Utilities Water Connection Fee-Inside City 1" meter $32,495.00 $3,308.00 $29,187.00 Utilities Water Connection Fee-Inside City 1.5" meter $64,812.00 $6,599.00 $58,213.00 Utilities Water Connection Fee-Inside City 2" meter $104,146.00 $10,604.00 $93,542.00 Utilities Water Connection Fee-Inside City 3" meter $207,846.00 $21,163.00 $186,683.00 Utilities Water Connection Fee-Inside City 3/4" meter $19,488.00 $1,984.00 $17,504.00 Utilities Water Connection Fee-Inside City 4" meter $324,955.00 $33,088.00 $291,867.00 Utilities Water Connection Fee-Inside City 6" meter $779,534.00 $79,374.00 $700,160.00 Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home Base Charge $11,711.00 $1,193.00 $10,518.00 Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home First 12 Units (each)$2,593.00 $264.00 $2,329.00 Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home Next 22 Unites (each)$2,021.00 $214.00 $1,807.00 Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home Units Over 34 (each)$1,229.00 $125.00 $1,104.00 Utilities Water Connection Fee-Inside City Commercial/Mixed Use First 125 Units (each)$371.00 $38.00 $333.00 Utilities Water Connection Fee-Inside City Commercial/Mixed Use Next 250 Unites (each)$157.00 $16.00 $141.00 Utilities Water Connection Fee-Inside City Commercial/Mixed Use Units Over 375 (each)$116.00 $12.00 $104.00 Utilities Water Connection Fee-Outside City 1" meter $45,493.00 $4,632.00 $40,861.00 Utilities Water Connection Fee-Outside City 1.5" meter $90,738.00 $9,240.00 $81,498.00 Utilities Water Connection Fee-Outside City 2" meter $145,805.00 $14,846.00 $130,959.00 Utilities Water Connection Fee-Outside City 3" meter $290,985.00 $29,629.00 $261,356.00 Utilities Water Connection Fee-Outside City 3/4" meter $27,284.00 $2,778.00 $24,506.00 Utilities Water Connection Fee-Outside City 4" meter $454,936.00 $46,322.00 $408,614.00 Utilities Water Connection Fee-Outside City 6" meter $1,091,348.00 $111,124.00 $980,224.00 Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home Base Charge $16,395.00 $1,670.00 $14,725.00 Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home First 12 Units (each)$3,630.00 $369.00 $3,261.00 Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home Next 22 Unites (each)$2,817.00 $287.00 $2,530.00 Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home Units Over 34 (each)$1,721.00 $175.00 $1,546.00 Utilities Water Connection Fee-Outside City Commercial/Mixed Use First 125 Units (each)$519.00 $53.00 $466.00 Utilities Water Connection Fee-Outside City Commercial/Mixed Use Next 250 Unites (each)$220.00 $23.00 $197.00 Utilities Water Connection Fee-Outside City Commercial/Mixed Use Units Over 375 (each)$177.00 $31.00 $146.00 Page 188 of 402 Attachment 2 - Comprehensive 2022 Schedule of Fees and RatesCity of Englewood, Colorado 2022 Fee and Rate Schedule Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Fee or Rate Increase Effective 1/1/2022 Prior Fees and Rate Administration Licensing Fees Beer and Wine Application $100.00 $0.00 $100.00 Administration Licensing Fees Beer and Wine License $48.75 $0.00 $48.75 Administration Licensing Fees Beer and Wine Occupational Tax $450.00 $0.00 $450.00 Administration Licensing Fees Fermented Malt Beverage License $3.75 $0.00 $3.75 Administration Licensing Fees Fermented Malt Beverage Occupational Tax $300.00 $0.00 $300.00 Administration Licensing Fees Fermented Malt Beverage On-Pemises Renewal Application $100.00 $0.00 $100.00 Administration Licensing Fees Fermented Malt Beverage Off- Premises Renewal Application $100.00 $0.00 $100.00 Administration Licensing Fees Fermented Malt Beverage Renewal License Fee $3.75 $0.00 $3.75 Administration Licensing Fees Fermented Malt Beverage On- Premises Renewal Occupational Tax $450.00 $0.00 $450.00 Administration Licensing Fees Club Renewal Application $100.00 $0.00 $100.00 Administration Licensing Fees Club Renewal License $41.25 $0.00 $41.25 Administration Licensing Fees Club Renewal Occupational Tax $450.00 $0.00 $450.00 Administration Licensing Fees Hotel/Restaurant Renewal Application $100.00 $0.00 $100.00 Administration Licensing Fees Hotel/Restaurant Renewal License $75.00 $0.00 $75.00 Administration Licensing Fees Hotel/Restaurant Renewal Occupational Tax $650.00 $0.00 $650.00 Administration Licensing Fees Retail Liquor Store Renewal License $22.50 $0.00 $22.50 Administration Licensing Fees Retail Liquor Store Renewal Occupational Tax $300.00 $0.00 $300.00 Administration Licensing Fees Retail Liquor Store Renewal Application $100.00 $0.00 $100.00 Administration Licensing Fees Tavern Renewal Application $100.00 $0.00 $100.00 Administration Licensing Fees Tavern Renewal License $75.00 $0.00 $75.00 Administration Licensing Fees Tavern Renewal Occupational Tax $650.00 $0.00 $650.00 Administration Licensing Fees Art Permit $100.00 $0.00 $100.00 Administration Licensing Fees Tasting Permit $100.00 $0.00 $100.00 Administration Licensing Fees Special Event Permit $100.00 $0.00 $100.00 Administration Licensing Fees Manager Change $75.00 $0.00 $75.00 Administration Licensing Fees New Liqour License $1,500.00 $0.00 $1,500.00 Administration Licensing Fees Liquor Transfer of Ownership $1,500.00 $0.00 $1,500.00 Administration Licensing Fees Marijuana Renewal License $1,000.00 $0.00 $1,000.00 Administration Licensing Fees Marijuana Renewal Application $1,000.00 $0.00 $1,000.00 Administration LIcensing Fees Marijuana New License $1,000.00 $0.00 $1,000.00 Administration Licensing Fees Marijuana New Application $1,000.00 $0.00 $1,000.00 Administration Licensing Fees Change of Location $750.00 $0.00 $750.00 Administration Open Records Request Colorado Open Records Act (CORA)$30.00 $0.00 $30.00 Administration Open Records Request USB (each)$5.00 $0.00 $5.00 Administration Open Records Request Copy Charges - Black/White - per page fee Total copy charges under $5.00 will be waived $0.25 $0.15 $0.10 Administration Open Records Request Copy Charges - Color $.35 per page (total copy charges under $5.00 will be waived) $.35 per page (total copy charges under $5.00 will be waived) Community Development Building Permit Fees $1,000,001 and up $6,205.54 for the first $1,000,000 plus $3.49 for each additional $1,000 or fraction thereof. $35.93 $6,169.63 for the first $1,000,000 plus $3.47 for each additional $1,000 or fraction thereof.Community Development Building Permit Fees $1.00 to $500 $26.00 $0.15 $25.85 Community Development Building Permit Fees $100,001 to $500,000 $1,157.00 for the first $100,000 plus $6.20 for each additional $1,000, or fraction thereof, to and including $500,000. $63.91 $1,093.13 for the first $100,000 plus $6.16 for each additional $1,000, or fraction thereof, to and including $500,000.Community Development Building Permit Fees $2,000.01 to $25,000 $76.62 for the first $2,000 plus $15.49 for each additional $1,000 or fraction thereof, to and including $25,000. $0.53 $76.18 for the first $2,000 plus $15.40 for each additional $1,000 or fraction thereof, to and including $25,000.Community Development Building Permit Fees $25,000.01 to $50,000 $432.88 for the first $25,000 plus $11.17 for each additional $1,000 or fraction thereof, to and including $2.56 $430.38 for the first $25,000 plus $11.11 for each additional $1,000 or fraction thereof, to and includingCommunity Development Building Permit Fees $50,001 to $100,000 $712.25 for the first $50,000 plus $7.74 for each additional $1,000, or fraction thereof, to and including $100,000. $4.16 $708.13 for the first $50,000 plus $7.70 for each additional $1,000, or fraction thereof, to and including $100,000.Community Development Building Permit Fees $500,001 to $1,000,000 $3,577.83 for the first $500,000 plus $5.25 for each additional $1,000, or fraction thereof, to and including $1,000,000. $0.72 $3,557.13 for the first $500,000 plus $5.23 for each additional $1,000, or fraction thereof, to and including $1,000,000.Community Development Building Permit Fees $501 to $2,000 $26.00 for the first $500.00 plus $3.37 for each additional $100 or fraction thereof, to and including $2,000. $0.16 $25.85 for the first $500.00 plus $3.36 for each additional $100 or fraction thereof, to and including $2,000. Community Development Land Subdivision and Development Administrative Subdivision $500.00 $100.00 $400.00 Page 189 of 402 Attachment 2 - Comprehensive 2022 Schedule of Fees and RatesCity of Englewood, Colorado 2022 Fee and Rate Schedule Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Fee or Rate Increase Effective 1/1/2022 Prior Fees and Rate Community Development Land Subdivision and Development Annexation $1,050.00 $50.00 $1,000.00 Community Development Land Subdivision and Development Major Subdivision $1,050.00 $50.00 $1,000.00 Community Development Land Subdivision and Development Minor Subdivision $700.00 $100.00 $600.00 Community Development Land Subdivision and Development Property Combination $150.00 $50.00 $100.00 Community Development Land Subdivision and Development Vacation of Easement $400.00 $100.00 $300.00 Community Development Land Subdivision and Development Vacation of Right of Way $600.00 $100.00 $500.00 Community Development Miscellaneous Valuations Asphalt Roofing $220 per square $220 per square Community Development Miscellaneous Valuations Wood Fencing $27.50 per linear foot $27.50 per linear foot Community Development Other Fees Inspections outside of normal business hours (minimum charge - 2 hours) $55 per hour $3.50 $51.50 per hour Community Development Other Fees Inspections for which no fee is specifically indicated (minimum charge - one-half hour) $55 per hour $3.50 $51.50 per hour Community Development Other Fees Additional Plan Review Fees required by changes, additions, or revisions $55.00 per hour $3.50 $51.50 per hour Community Development Other Fees Arapahoe County Open Space Tax .25% on one-half the total valuation .25% on one-half the total valuation Community Development Other Fees Exemption to Plan Review Fee Exception the 65% Plan Review shall be waived for single-family, owner-occupied the 65% Plan Review shall be waived for single-family, owner-occupied Community Development Other Fees Issuance of temporary Certificate of Occupancy $150.00 $150.00 Community Development Other Fees Park Fee-in-Lieu of P:Ublic Land Dedication $460 per one-unit dwelling or $385 per multi-unit dwelling $460 per one-unit dwelling or $385 per multi-unit dwelling Community Development Other Fees Plan Review Fee 65% of building permit fee 65% of building permit fee Community Development Other Fees Re-Inspection Fee $55.00 per hour $3.50 $51.50 per hour Community Development Other Fees Use Tax 3.5% on one-half the total valuation 3.5% on one-half the total valuation Community Development Use Permits Adaptive Re-use of Historic Structure $500.00 $500.00 Community Development Use Permits Conditional Use Annual Inspection $25.00 $25.00 Community Development Use Permits Conditional Use Permit $600.00 $100.00 $500.00 Community Development Use Permits Historic Designation Application $200.00 ($300.00)$500.00 Community Development Use Permits Landscape Fee-in-Lieu $4.00 per sq. ft. of required landscaped area $0.65 $3.35 per sq. ft. of required landscaped area Community Development Use Permits Limited Use Permit $150.00 $150.00 Community Development Use Permits Temporary Use Permit $150.00 $150.00 Community Development Written Requests Address Assignment Request $50.00 $50.00 Community Development Written Requests Change of Address Request $50.00 $50.00 Community Development Written Requests Group Living Facility Registration $50.00 $50.00 Community Development Written Requests Nonconforming Use Registration $150.00 $50.00 $100.00 Community Development Written Requests Written Zoning Verification $100.00 $100.00 Community Development Zoning Variance and Adjustments and Appeals Applications Administrative Adjustment $150.00 $150.00 Community Development Zoning Variance and Adjustments and Appeals Applications Appeal $250.00 $100.00 $150.00 Community Development Zoning Variance and Adjustments and Appeals Applications Variance $250.00 $100.00 $150.00 Community Development Zoning/Rezoning Applications Amendment to an Approved PUD or TSA Expansion or PD $1,050.00 $50.00 $1,000.00 Community Development Zoning/Rezoning Applications Base District Rezone $1,050.00 $50.00 $1,000.00 Community Development Zoning/Rezoning Applications Planned Unit Development $1,750.00 $250.00 $1,500.00 Community Development Zoning/Rezoning Applications Transit Station Area $1,750.00 $250.00 $1,500.00 Finance License Fee Adult Entertainment Establishment Annual $2,000.00 $0.00 $2,000.00 Finance License Fee Amusement/Public Dances Annual $60.00 $0.00 $60.00 Finance License Fee Amusement/Public Dances Annual per machine, lane and/or table $25.00 $0.00 $25.00 Finance License Fee Arborist Annual $60.00 $0.00 $60.00 Finance License Fee Auctioneer Itinerant: Annual $75.00 $25.00 $50.00 Finance License Fee Auctioneer Resident: Annual $25.00 $0.00 $25.00 Finance License Fee Auto Salvage/Recycling Yards Annual $100.00 $0.00 $100.00 Finance Application Feee Background Check Fee Dependent on License Requirement $50.00 $0.00 $50.00 Finance Tax Basic Local Exchange Ownership Per phone line including VOIP $0.55 $0.00 $0.55 Finance License Fee Body Piercing Establishment Annual $150.00 $50.00 $100.00 Finance License Fee Breeders Annual $50.00 $0.00 $50.00 Finance License Fee Canine & Feline Initial Fee $50.00 $0.00 $50.00 Finance License Fee Christmas Tree Dealers Annual $25.00 $0.00 $25.00 Finance License Fee Direct Sellers Annual $75.00 $0.00 $75.00 Finance License Fee Direct Sellers Special Event Fee $5.00 $0.00 $5.00 Finance Penalty Fee Estimated Assessment Penalty Fee Estimated Assessment Notice Penalty Fee for not filing return by due date $75.00 $0.00 $75.00 Finance Application Fee Finger Printing Fee Dependent on License Requirement $50.00 $0.00 $50.00 Finance License Fee Food Vendors Annual $75.00 $0.00 $75.00 Finance License Fee Food Vendors Special Event Fee $10.00 $0.00 $10.00 Finance License Fee Guard/Attack Dog Annual $100.00 $0.00 $100.00 Finance Application Fee Hotel/Motel - Application Fee (one-time fee) 101-200 units $250.00 $0.00 $250.00 Finance Application Fee Hotel/Motel - Application Fee (one-time fee) 26-50 units $150.00 $0.00 $150.00 Finance Application Fee Hotel/Motel/STR - Application Fee (one-time fee) 1-25 Units $100.00 $0.00 $100.00 Finance Application Fee Hotel/Motel - Application Fee (one-time fee) 51-100 units $200.00 $0.00 $200.00 Finance Application Fee Hotel/Motel - Application Fee (one-time fee) over 200 units $300.00 $0.00 $300.00 Finance Inspection Fee Hotel/Motel - Inspection Fees First Re-Inspection $50.00 $0.00 $50.00 Page 190 of 402 Attachment 2 - Comprehensive 2022 Schedule of Fees and RatesCity of Englewood, Colorado 2022 Fee and Rate Schedule Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Fee or Rate Increase Effective 1/1/2022 Prior Fees and Rate Finance Inspection Fee Hotel/Motel - Inspection Fees Fourth and each subsequent Re- Inspection $400.00 $0.00 $400.00 Finance Inspection Fee Hotel/Motel - Inspection Fees Initial Inspection $0.00 - No Charge $0.00 $0.00 - No Charge Finance Inspection Fee Hotel/Motel - Inspection Fees Second Re-Inspection $100.00 $0.00 $100.00 Finance Inspection Fee Hotel/Motel - Inspection Fees Third Re-Inspection $200.00 $0.00 $200.00 Finance License Fee Hotel/Motel - License Fee (annual)101-200 units $175.00 $0.00 $175.00 Finance License Fee Hotel/Motel - License Fee (annual)26-50 units $125.00 $0.00 $125.00 Finance License Fee Hotel/Motel/STR - License Fee 1-25 Units $100.00 $0.00 $100.00 Finance License Fee Hotel/Motel - License Fee (annual)51-100 units $150.00 $0.00 $150.00 Finance License Fee Hotel/Motel - License Fee (annual)over 200 units $200.00 $0.00 $200.00 Finance License Fee Kennel Annual $250.00 $0.00 $250.00 Finance Tax Lodgers Tax Lodgers Tax 2.00%$0.00 2.00% Finance Application Fee Misc. Business License Application Fee $25.00 $10.00 $15.00 Finance Processing Fee Paper Filing Fee Per remittance and/or license application requiring in-office processing $25.00 $0.00 $25.00 Finance Transaction Fee Pawn or Purchaser of Valuable Articles Transaction Fee $0.30 $0.00 $0.30 Finance License Fee Pawnbroker/Auto Pawn Annual $1,250.00 $0.00 $1,250.00 Finance Application Fee Pawnbroker/Auto Pawn Initial Fee $2,500.00 $0.00 $2,500.00 Finance License Fee Pet Store Annual $250.00 $0.00 $250.00 Finance License Fee Purchaser of Valuable Articles Annual $250.00 $0.00 $250.00 Finance License Fee Reflexology Annual $100.00 $0.00 $100.00 Finance Retail Marijuana Sales Tax Rate in addition to the current 3.5% Local Sales Tax Rate Effective Dates and Rates 1/2/2018-First Year Total Rate is 7.0%; 1/2/2019-Total Rate is 8.5%; 1/2/2020-Total Rate is 10.0%; 10.00%$0.00 10.00% Finance Processing Fee Returned Check Fee For each bank returned item $30.00 $0.00 $30.00 Finance License Fee Sales Tax License Application Fee Bi-Annual renewal $25.00 $0.00 $25.00 Finance Tax Sales Tax Rate Sales Tax 3.50%$0.00 3.50% Finance License Fee Special Events Per Event $40.00 $0.00 $40.00 Finance License Fee Tattoo Establishments Annual $100.00 $0.00 $100.00 Finance License Fee Telecommunications Facility: Annual $50.00 $0.00 $50.00 Finance Application Fee Telecommunications Facility: Initial Fee $100.00 $0.00 $100.00 Finance License Fee Telecommunications Tower: Annual $50.00 $0.00 $50.00 Finance Application Fee Telecommunications Tower: Initial Fee $200.00 $0.00 $200.00 Finance License Fee Temporary Employment Services Annual $100.00 $0.00 $100.00 Finance License Fee Trash Hauling Annual Per Truck $100.00 $25.00 $75.00 Finance Tax Use Tax Rate Use Tax 3.50%$0.00 3.50% Finance Surcharge Fee Waste Transfer Surcharge Per cubic yard $0.50 $0.00 $0.50 Police - Fire Marshal's Office Assessment Environmental Site Assessment Per address fee $100.00 $0.00 $100.00 Police - Fire Marshal's Office Inspection Re-Inspection Fee Initial Fee (Initial Fee increased by $100 for each additional re-inspection) $150.00 $150.00 Police - Fire Marshal's Office Permits Commercial Kitchen Hood Systems $150.00 $150.00 Police - Fire Marshal's Office Permits Fire Sprinkler System - - to 50,000 sq. ft. $200 + $.025/sq. ft.$200 + $.025/sq. ft. Police - Fire Marshal's Office Permits Fire Sprinkler System - over 50,000 sq. ft. $1,450 + $.020/sq. ft. over 50,000 sq. ft. $1,450 + $.020/sq. ft. over 50,000 sq. ft. Police - Fire Marshal's Office Permits Miscellaneous Permits $150.00 $150.00 Police - Fire Marshal's Office Permits New Construction Building Plan - 0 to 10,000 sq. ft. $600.00 $600.00 Police - Fire Marshal's Office Permits New Construction Building Plan - Over 10,000 sq. ft. $600 + - $.035/sq. ft. over 10,000 sq. ft. $600 + - $.035/sq. ft. over 10,000 sq. ft. Police - Fire Marshal's Office Permits New Construction Building Plan - Over 50,000 sq. ft. $2,000 + $.030/sq. ft. over 10,000 sq. ft. $2,000 + $.030/sq. ft. over 10,000 sq. ft. Police - Fire Marshal's Office Permits Other Plan Review - (Operational Permits) $100/$150 annually with Inspection $100/$150 annually with Inspection Police - Fire Marshal's Office Permits Parking Structures 1/3 of New Construction Fee 1/3 of New Construction Fee Police - Fire Marshal's Office Permits Permit Application Fee/All Permits $150.00 $150.00 Police - Fire Marshal's Office Permits Re-Issue of Permit/Plan Review Comments $25.00 $25.00 Police - Fire Marshal's Office Permits Tenant Finish/Remodel/Additions - 0 to 10,000 sq. ft. $250 + $.035/sq. ft.$250 + $.035/sq. ft. Police - Fire Marshal's Office Permits Tenant Finish/Remodel/Additions - over 10,000 sq. ft. $600 + - $.030/sq. ft. over 10,000 sq. ft. $600 + - $.030/sq. ft. over 10,000 sq. ft. Police - Fire Marshal's Office Permits Tenant Finish/Remodel/Additions - over 50,000 sq. ft. $1,800 + $.025/sq. ft. over 50,000 sq. ft. $1,800 + $.025/sq. ft. over 50,000 sq. ft. Police - Fire Marshal's Office Permits Work without a Permit Double the Permit Fee Double the Permit Fee Police - Fire Marshal's Office Plans Hazardous Materials Inventory Plan (HMIP) $200 - Two Year Permit $200 - Two Year Permit Police - Fire Marshal's Office Hourly Rate, Review/Inspections $80.00 $80.00 Parks, Recreation, Library and Golf Penalty Overdue Fine Daily Rate Per item, per day rate $0.20 $0.00 $0.20 Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Please refer to the following City of Englewood link for current fees: http://www.englewoodco.gov/governm ent/city-departments/parks-and- recreation/parks/pavilion-rentals-and- park-permits Please refer to the following City of Englewood link for current fees: http://www.englewoodco.gov/governm ent/city-departments/parks-and- recreation/parks/pavilion-rentals-and- park-permits Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Please refer to the Recreation Guide for Current Fee Schedule Please refer to the Recreation Guide for Current Fee Schedule Page 191 of 402 Attachment 2 - Comprehensive 2022 Schedule of Fees and RatesCity of Englewood, Colorado 2022 Fee and Rate Schedule Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Fee or Rate Increase Effective 1/1/2022 Prior Fees and Rate Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Please refer to the Recreation Guide for Current Fee Schedule Please refer to the Recreation Guide for Current Fee Schedule Police Code Enforcement Animal Impound Fee $254.58 $254.58 Police Code Enforcement Dangerous Dog Permit Fee $54.00 $54.00 Police Code Enforcement Bee Permit Fee $54.00 $54.00 Police Code Enforcement Zoological Permit Fee $54.00 $54.00 Police Code Enforcement RV Transit Permit Fee $25.00 $25.00 Police Fingerprinting Child Fingerprint Kits Per kit including fingerprints $5.00 $5.00 Police Fingerprinting Fingerprint Cards Per card (in addition to the fingerprint fee)$2.00 $2.00 Police Fingerprinting Fingerprint Fee Per card $15.00 $15.00 Police Reports Call for Service Reports Per location (address) per year $5.00 $5.00 Police Reports Police Reports $5.00 per report for search, retrieval and first 5 pages ; $.25 for each additional page over 5; Additional $10 fee for certified copies $5.00 per report for search, retrieval and first 5 pages ; $.25 for each additional page over 5; Additional $10 fee for certified copiesPoliceClearance Letters Per letter $10.00 $10.00 Police Evidence Photos (CD)Per CD copied $25.00 $25.00 Police Recording Copies (Dispatch and Camera Tapes) Per hour (1 hour minimum)$25.00 $25.00 Police Research Fee Per hour (1 hour minimum)$25.00 $25.00 Police Sex Offender List Per list $5.00 $5.00 Police Sex Offender Registration Initial Registration $75.00 $75.00 Police Sex Offender Registration Re-registration per quarter $25.00 $25.00 Public Works Labor Administrative Per Hour $38.00 $38.00 Public Works Labor Engineers Per Hour $63.00 $63.00 Public Works Labor Inspectors Per Hour $52.00 $52.00 Public Works Labor Inspectors - weekend and overtime Per Hour; 1.5 times regular rate $78.00 $78.00 Public Works Occupancy Permits Block Party $25.00 fee; City will not provide barricades $25.00 fee; City will not provide barricades Public Works Occupancy Permits Occupancy - Dumpster/ POD (resident) $25 for first month plus $190 per each following month or portion thereof $25 for first month plus $190 per each following month or portion thereofPublic Works Occupancy Permits Oversize/Overweight Vehicle Charge is equal to cost of state permit ($30-$200) Charge is equal to cost of state permit ($30-$200) Public Works Permit/Service Asphalt Patch Fee $15.00/sq. ft.$15.00/sq. ft. Public Works Permit/Service Excavation Permit Fee $195 minimum plus hourly rate $195 minimum plus hourly rate Public Works Permit/Service Gravel Alley Cut Fee $2.00 per square foot $2.00 per square foot Public Works Permit/Service Penalty Double the calculated permit fee Double the calculated permit fee Public Works Permit/Service Re-inspection Fee $75.00 $75.00 Public Works Permits Concrete Permit $195 minimum plus hourly rate $195 minimum plus hourly rate Public Works Permits Occupancy - Contractor $190 per month $190 per month Public Works Permits Drainage Plan $157.50 plus hourly rate $157.50 plus hourly rate Public Works Permits Grading, Sediment and Erosion Control; Stormwater Management Plan $157.50 plus hourly rate $157.50 plus hourly rate Public Works Permits Gravel Alley Repair $2.00 per square foot $2.00 per square foot Public Works Rental Rental of meeting room space Call facility to determine rental rates Call facility to determine rental rates Public Works Written Requests Encroachment Agreement - $230.00 $230.00 Public Works Written Requests Encroachment Agreement - City $500.00 $500.00 Public Works Written Requests Flood Plain Development Permit $400 plus cost for consultant review $400 plus cost for consultant review Public Works Concrete Rate Concrete Utility Charge Quarterly Bills: $0.160 per square foot x Net Square Footage/4 Quarterly Bills: $0.16 per square foot x Net Square Footage/4Public Works Concrete Rate Concrete Utility Charge Annual Bills: $0.160 per square foot x Net Square Footage Annual Bills: $0.16 per square foot x Net Square Footage Public Works Storm Water Charge - Commercial Storm Water Charge Per square foot of impervious surface for commercial and residential properties $0.0365 $0.0108 $0.0257 Public Works Storm Water Charge - Residential Storm Water Charge $14.58 per month ($43.74 per quarter for SF residential) $4.31 per month ($12.93 per quarter) $10.27 per month ($30.81 per quarter for SF) residential South Platte Renew Other Charges Publication of Significant Non- Compliance (SNC) The Pretreatment Division bills the facilities for the cost of publishing their SNC status in the Denver Post. The Pretreatment Division bills the facilities for the cost of publishing their SNC status in the Denver Post.South Platte Renew Other Charges Reimbursement of sampling The Industrial Pretreatment Division charges permitted industries for the cost of sampling associated with their Industrial Wastewater Permits. The Industrial Pretreatment Division charges permitted industries for the cost of sampling associated with their Industrial Wastewater Permits.South Platte Renew Re-inspection fee (proposed in municipal code revisions as [12-2-3 (D)(5)]) Industrial Users identified for inclusion into an applicable Sector Control Program may be charged for the costs incurred by the City for re-inspections due to failure to correct non- compliances or violations identified during a sector control inspection A fee of $100 may be assessed for each inspection required until completion of violation remedy. A fee of $100 may be assessed for each inspection required until completion of violation remedy. South Platte Renew Sanitation district inspection charge (proposed in municipal code revisions as [12-2-3 (D)(6)]) Sanitation Districts may be charged for the cost incurred by the City for inspecting Industrial Users included in or added to, based on inspection results, the City’s Fats, Oils, and Grease (FOG) or Petroleum Oil, Grease and Sand (POGS) Sector The City may charge $50 per inspection for facilities contributing wastewater to the POTW from locations outside the City boundary. The City may charge $50 per inspection for facilities contributing wastewater to the POTW from locations outside the City boundary.Page 192 of 402 Attachment 2 - Comprehensive 2022 Schedule of Fees and RatesCity of Englewood, Colorado 2022 Fee and Rate Schedule Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Fee or Rate Increase Effective 1/1/2022 Prior Fees and Rate South Platte Renew Surcharge for BOD, COD, and TSS in excess of normal domestic strength [12-2- 3 Unit charge for additional oxygen demand (AOD) $0.02 per pound $0.02 per pound South Platte Renew Trucked and Hauled Septage Waste hauler permit fee [12-2-4 (I) Septic Waste Fees and Charges] $100 (permits are issued yearly)$100 (permits are issued yearly) South Platte Renew Unit charge for additional suspended solids (SS) $0.10 per pound $0.10 per pound South Platte Renew Waste hauler discharge fee [12-2-4 (I) Septic Waste Fees and Charges] $0.09 per gallon $0.09 per gallon Utilities Fire Protection Service Monthly Charge - Inside City Hydrants (private) each $37.61 $37.61 Utilities Fire Protection Service Monthly Charge - Inside City Hydrants (public) each First 100 - $18.83 First 100 - $18.83 Utilities Fire Protection Service Monthly Charge - Inside City Hydrants (public) each Next 100 - $12.59 Next 100 - $12.59 Utilities Fire Protection Service Monthly Charge - Inside City Hydrants (public) each All over 200 - $6.28 All over 200 - $6.28 Utilities Fire Protection Service Monthly Charge - Outside City Hydrants (private) each $43.90 $43.90 Utilities Fire Protection Service Monthly Charge - Outside City Hydrants (public) each First 100 - $25.08 First 100 - $25.08 Utilities Fire Protection Service Monthly Charge - Outside City Hydrants (public) each Next 100 - $18.83 Next 100 - $18.83 Utilities Fire Protection Service Monthly Charge - Outside City Hydrants (public) each All over 200 - $12.59 All over 200 - $12.59 Utilities In City District Sewer - Monthly 1" meter - Flat $64.51 $2.78 $61.73 Utilities In City District Sewer - Monthly 1" meter - Minimum $58.61 $2.52 $56.09 Utilities In City District Sewer - Monthly 1.5" meter - Flat $128.94 $5.55 $123.39 Utilities In City District Sewer - Monthly 1.5" meter - Minimum $116.95 $5.04 $111.91 Utilities In City District Sewer - Monthly 10" meter - Flat $2,936.62 $126.46 $2,810.16 Utilities In City District Sewer - Monthly 10" meter - Minimum $2,669.83 $114.97 $2,554.86 Utilities In City District Sewer - Monthly 2" meter - Flat $206.67 $8.90 $197.77 Utilities In City District Sewer - Monthly 2" meter - Minimum $187.44 $8.07 $179.37 Utilities In City District Sewer - Monthly 3" meter - Flat $412.49 $17.76 $394.73 Utilities In City District Sewer - Monthly 3" meter - Minimum $374.09 $16.11 $357.98 Utilities In City District Sewer - Monthly 3/4" meter - Flat $38.88 $1.67 $37.21 Utilities In City District Sewer - Monthly 3/4" meter - Minimum $35.38 $1.52 $33.86 Utilities In City District Sewer - Monthly 4" meter - Flat $644.73 $27.76 $616.97 Utilities In City District Sewer - Monthly 4" meter - Minimum $584.50 $25.17 $559.33 Utilities In City District Sewer - Monthly 5/8" meter - Flat $25.65 $1.10 $24.55 Utilities In City District Sewer - Monthly 5/8" meter - Minimum $23.50 $1.01 $22.49 Utilities In City District Sewer - Monthly 6" meter - Flat $1,289.42 $55.53 $1,233.89 Utilities In City District Sewer - Monthly 6" meter - Minimum $1,168.99 $50.34 $1,118.65 Utilities In City District Sewer - Monthly 8" meter - Flat $2,042.81 $87.97 $1,954.84 Utilities In City District Sewer - Monthly 8" meter - Minimum $1,857.24 $79.98 $1,777.26 Utilities In City District Sewer - Monthly Mobile Unit - Flat $7.08 $0.30 $6.78 Utilities In City District Sewer - Monthly Mobile Unit - Minimum $6.60 $0.28 $6.32 Utilities In City District Sewer - Monthly Multi-Fam Unit - Flat $11.51 $0.50 $11.01 Utilities In City District Sewer - Monthly Multi-Fam Unit - Minimum $10.56 $0.45 $10.11 Utilities In City District Sewer - Monthly Single-Family Dwell - Flat $18.58 $0.80 $17.78 Utilities In City District Sewer - Monthly Single-Family Dwell - Minimum $16.90 $0.73 $16.17 Utilities In City Sewer - Monthly 1" meter - Flat $83.35 $3.59 $79.76 Utilities In City Sewer - Monthly 1" meter - Minimum $76.15 $3.28 $72.87 Utilities In City Sewer - Monthly 1.5" meter - Flat $166.68 $7.18 $159.50 Utilities In City Sewer - Monthly 1.5" meter - Minimum $151.95 $6.54 $145.41 Utilities In City Sewer - Monthly 10" meter - Flat $3,807.61 $163.96 $3,643.65 Utilities In City Sewer - Monthly 10" meter - Minimum $3,468.76 $149.37 $3,319.39 Utilities In City Sewer - Monthly 2" meter - Flat $267.16 $11.50 $255.66 Utilities In City Sewer - Monthly 2" meter - Minimum $243.53 $10.49 $233.04 Utilities In City Sewer - Monthly 3" meter - Flat $533.24 $22.96 $510.28 Utilities In City Sewer - Monthly 3" meter - Minimum $486.03 $20.93 $465.10 Utilities In City Sewer - Monthly 3/4" meter - Flat $50.27 $2.16 $48.11 Utilities In City Sewer - Monthly 3/4" meter - Minimum $45.96 $1.98 $43.98 Utilities In City Sewer - Monthly 4" meter - Flat $833.47 $35.89 $797.58 Utilities In City Sewer - Monthly 4" meter - Minimum $759.40 $32.70 $726.70 Utilities In City Sewer - Monthly 5/8" meter - Flat $33.10 $1.43 $31.67 Utilities In City Sewer - Monthly 5/8" meter - Minimum $30.53 $1.31 $29.22 Utilities In City Sewer - Monthly 6" meter - Flat $1,666.99 $71.78 $1,595.21 Utilities In City Sewer - Monthly 6" meter - Minimum $1,518.80 $65.40 $1,453.40 Utilities In City Sewer - Monthly 8" meter - Flat $2,648.76 $114.06 $2,534.70 Utilities In City Sewer - Monthly 8" meter - Minimum $2,413.01 $103.91 $2,309.10 Utilities In City Sewer - Monthly Mobile Unit - Flat $9.16 $0.39 $8.77 Utilities In City Sewer - Monthly Mobile Unit - Minimum $8.58 $0.37 $8.21 Utilities In City Sewer - Monthly Multi-Fam Unit - Flat $14.88 $0.64 $14.24 Utilities In City Sewer - Monthly Multi-Fam Unit - Minimum $13.72 $0.59 $13.13 Utilities In City Sewer - Monthly Single-Family Dwell - Flat $24.03 $1.03 $23.00 Utilities In City Sewer - Monthly Single-Family Dwell - Minimum $21.95 $0.95 $21.00 Utilities District Sewer Billed Monthly Outside City Rates 1" meter - Flat $97.23 $4.19 $93.04 Utilities District Sewer Billed Monthly Outside City Rates 1.5" meter - Flat $194.47 $8.37 $186.10 Page 193 of 402 Attachment 2 - Comprehensive 2022 Schedule of Fees and RatesCity of Englewood, Colorado 2022 Fee and Rate Schedule Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Fee or Rate Increase Effective 1/1/2022 Prior Fees and Rate Utilities District Sewer Billed Monthly Outside City Rates 10" meter - Flat $4,440.72 $191.23 $4,249.49 Utilities District Sewer Billed Monthly Outside City Rates 2" meter - Flat $311.61 $13.42 $298.19 Utilities District Sewer Billed Monthly Outside City Rates 3" meter - Flat $621.81 $26.78 $595.03 Utilities District Sewer Billed Monthly Outside City Rates 3/4" meter - Flat $58.63 $2.52 $56.11 Utilities District Sewer Billed Monthly Outside City Rates 4" meter - Flat $972.03 $41.86 $930.17 Utilities District Sewer Billed Monthly Outside City Rates 5/8" meter - Flat $38.63 $1.66 $36.97 Utilities District Sewer Billed Monthly Outside City Rates 6" meter - Flat $1,944.09 $83.72 $1,860.37 Utilities District Sewer Billed Monthly Outside City Rates 8" meter - Flat $3,089.17 $133.03 $2,956.14 Utilities District Sewer Billed Monthly Outside City Rates Mobile Unit - Flat $10.69 $0.46 $10.23 Utilities District Sewer Billed Monthly Outside City Rates Multi-Fam Unit - Flat $17.36 $0.75 $16.61 Utilities District Sewer Billed Monthly Outside City Rates Single-Family Dwell - Flat $27.97 $1.20 $26.77 Utilities District Sewer Billed Monthly Outside City Rates 1" meter - Minimum $89.02 $3.83 $85.19 Utilities District Sewer Billed Monthly Outside City Rates 1.5" meter - Minimum $177.64 $7.65 $169.99 Utilities District Sewer Billed Monthly Outside City Rates 10" meter - Minimum $4,055.31 $174.63 $3,880.68 Utilities District Sewer Billed Monthly Outside City Rates 2" meter - Minimum $284.71 $12.26 $272.45 Utilities District Sewer Billed Monthly Outside City Rates 3" meter - Minimum $568.22 $24.47 $543.75 Utilities District Sewer Billed Monthly Outside City Rates 3/4" meter - Minimum $53.73 $2.31 $51.42 Utilities District Sewer Billed Monthly Outside City Rates 4" meter - Minimum $887.81 $38.23 $849.58 Utilities District Sewer Billed Monthly Outside City Rates 5/8" meter - Minimum $35.69 $1.54 $34.15 Utilities District Sewer Billed Monthly Outside City Rates 6" meter - Minimum $1,775.63 $76.46 $1,699.17 Utilities District Sewer Billed Monthly Outside City Rates 8" meter - Minimum $2,821.04 $121.48 $2,699.56 Utilities District Sewer Billed Monthly Outside City Rates Mobile Unit - Minimum $10.03 $0.43 $9.60 Utilities District Sewer Billed Monthly Outside City Rates Multi-Fam Unit - Minimum $16.04 $0.69 $15.35 Utilities District Sewer Billed Monthly Outside City Rates Single-Family Dwell - Minimum $25.66 $1.10 $24.56 Utilities Sewer Treatment Connection Fee-Inside City 1" meter $3,372.00 $89.00 $3,283.00 Utilities Sewer Treatment Connection Fee-Inside City 1.5" meter $6,725.00 $177.00 $6,548.00 Utilities Sewer Treatment Connection Fee-Inside City 10" meter $155,031.00 $4,076.00 $150,955.00 Utilities Sewer Treatment Connection Fee-Inside City 2" meter $10,806.00 $284.00 $10,522.00 Utilities Sewer Treatment Connection Fee-Inside City 3" meter $21,567.00 $567.00 $21,000.00 Utilities Sewer Treatment Connection Fee-Inside City 3/4" meter or less $2,022.00 $53.00 $1,969.00 Utilities Sewer Treatment Connection Fee-Inside City 4" meter $33,718.00 $886.00 $32,832.00 Utilities Sewer Treatment Connection Fee-Inside City 6" meter $80,887.00 $2,127.00 $78,760.00 Utilities Sewer Treatment Connection Fee-Inside City 8" meter $107,849.00 $2,835.00 $105,014.00 Utilities Sewer Treatment Connection Fee-Inside City Multi-Family and Mobile Home Base charge $1,517.00 $40.00 $1,477.00 Utilities Sewer Treatment Connection Fee-Inside City Multi-Family and Mobile Home First 12 Units (each)$332.00 $9.00 $323.00 Utilities Sewer Treatment Connection Fee-Inside City Multi-Family and Mobile Home Next 22 Unites (each)$269.00 $7.00 $262.00 Utilities Sewer Treatment Connection Fee-Inside City Multi-Family and Mobile Home Units Over 34 (each)$153.00 $4.00 $149.00 Utilities Sewer Treatment Connection Fee-Outside City 1" meter $3,372.00 $89.00 $3,283.00 Utilities Sewer Treatment Connection Fee-Outside City 1.5" meter $6,725.00 $177.00 $6,548.00 Utilities Sewer Treatment Connection Fee-Outside City 10" meter $155,031.00 $49,076.00 $105,955.00 Utilities Sewer Treatment Connection Fee-Outside City 2" meter $10,806.00 $284.00 $10,522.00 Utilities Sewer Treatment Connection Fee-Outside City 3" meter $21,567.00 $567.00 $21,000.00 Utilities Sewer Treatment Connection Fee-Outside City 3/4" meter or less $2,022.00 $53.00 $1,969.00 Utilities Sewer Treatment Connection Fee-Outside City 4" meter $33,718.00 $886.00 $32,832.00 Utilities Sewer Treatment Connection Fee-Outside City 6" meter $80,887.00 $2,127.00 $78,760.00 Utilities Sewer Treatment Connection Fee-Outside City 8" meter $107,849.00 $2,835.00 $105,014.00 Utilities Sewer Treatment Connection Fee-Outside City Multi-Family and Mobile Home Base Charge $1,517.00 $40.00 $1,477.00 Utilities Sewer Treatment Connection Fee-Outside City Multi-Family and Mobile Home First 12 Units (each)$332.00 $9.00 $323.00 Utilities Sewer Treatment Connection Fee-Outside City Multi-Family and Mobile Home Next 22 Unites (each)$269.00 $7.00 $262.00 Utilities Sewer Treatment Connection Fee-Outside City Multi-Family and Mobile Home Units Over 34 (each)$153.00 $4.00 $149.00 Utilities Sewer Collection Surcharge Fee 1" meter $687.00 $18.00 $669.00 Utilities Sewer Collection Surcharge Fee 1.5" meter $1,370.00 $36.00 $1,334.00 Utilities Sewer Collection Surcharge Fee 2" meter $2,201.00 $58.00 $2,143.00 Utilities Sewer Collection Surcharge Fee 3" meter $4,392.00 $115.00 $4,277.00 Utilities Sewer Collection Surcharge Fee 3/4" meter or less $412.00 $11.00 $401.00 Utilities Sewer Collection Surcharge Fee 4" meter $6,867.00 $181.00 $6,686.00 Utilities Sewer Collection Surcharge Fee 6" meter $16,473.00 $433.08 $16,039.92 Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home Base Charge $309.00 $8.12 $300.88 Page 194 of 402 Attachment 2 - Comprehensive 2022 Schedule of Fees and RatesCity of Englewood, Colorado 2022 Fee and Rate Schedule Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Fee or Rate Increase Effective 1/1/2022 Prior Fees and Rate Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home First 12 Units (each)$69.00 $1.81 $67.19 Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home Next 22 Unites (each)$53.00 $1.39 $51.61 Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home Units Over 34 (each)$33.00 $0.87 $32.13 Utilities Sewer Treatment and Collection Charge Total - Inside City Total - Inside Rate per 1000 gallons $3.4300 ($0.4200)$3.8500 Utilities Sewer Treatment Charge - Inside City Rate per 1000 gallons $2.6400 ($0.7600)$3.4000 Utilities Sewer Collection Charge - Inside City Rate per 1000 gallons $0.7900 $0.3400 $0.4500 Utilities Sewer Treatment Charge-Outside City Rate per 1000 gallons $4.01 $0.6100 $3.40 Utilities Sheridan Sanitation District Charges Business - 1" meter $40.00 $40.00 Utilities Sheridan Sanitation District Charges Business - 3/4" meter $20.00 $20.00 Utilities Sheridan Sanitation District Charges Mobile Home (each unit)$15.00 $15.00 Utilities Sheridan Sanitation District Charges Single Family Dwell $20.00 $20.00 Utilities South Arapahoe Sanitation District Charges 44% of Englewood sewer charge 44% of Englewood sewer charge Utilities South Englewood Sanitation District Charges 60% of Englewood sewer charge 60% of Englewood sewer charge Utilities Southgate Sanitation District Charges 1" meter $73.20 $73.20 Utilities Southgate Sanitation District Charges 1.5" meter $146.40 $146.40 Utilities Southgate Sanitation District Charges 2" meter $292.90 $292.90 Utilities Southgate Sanitation District Charges 3" meter $658.80 $658.80 Utilities Southgate Sanitation District Charges 3/4" meter $36.60 $36.60 Utilities Southgate Sanitation District Charges 4" meter $1,317.60 $1,317.60 Utilities Southgate Sanitation District Charges 5/8" meter $36.60 $36.60 Utilities Southgate Sanitation District Charges 6" meter $3,440.40 $3,440.40 Utilities Valley Sanitation District Charges 10% of Englewood sewer charge 10% of Englewood sewer charge Utilities Interceptor Basin Agreement (IBA) - Annual Interceptor Basin Agreement (IBA) Charge Annual Bills: Winter volume x $.22059 x 6 = IBA Charge; $18.00 minimum Annual Bills: Winter volume x $.22059 x 6 = IBA Charge; $18.00 minimumUtilitiesInterceptor Basin Agreement (IBA) - Monthly Interceptor Basin Agreement (IBA) Charge Monthly Bills: Winter volume x $.22059 = IBA Charge; $4.50 minimum Monthly Bills: Winter volume x $.22059 = IBA Charge; $4.50 minimumUtilitiesLaborAdministrative$38.00 / Hour $0.00 $38.00 / Hour Utilities Labor Inspector $55.00 / Hour $0.00 $55.00 / Hour Utilities Labor Engineer $85.00 / Hour $0.00 $85.00 / Hour Utilities Outside City District Sewer - Annual 1" meter - Flat $1,166.76 $50.24 $1,116.52 Utilities Outside City District Sewer - Annual 1" meter - Minimum $1,068.24 $46.00 $1,022.24 Utilities Outside City District Sewer - Annual 1.5" meter - Flat $2,333.64 $100.49 $2,233.15 Utilities Outside City District Sewer - Annual 1.5" meter - Minimum $2,131.68 $91.79 $2,039.89 Utilities Outside City District Sewer - Annual 10" meter - Flat $53,288.64 $2,294.73 $50,993.91 Utilities Outside City District Sewer - Annual 10" meter - Minimum $48,663.72 $2,095.57 $46,568.15 Utilities Outside City District Sewer - Annual 2" meter - Flat $3,739.32 $161.02 $3,578.30 Utilities Outside City District Sewer - Annual 2" meter - Minimum $3,416.52 $147.12 $3,269.40 Utilities Outside City District Sewer - Annual 3" meter - Flat $7,461.72 $321.32 $7,140.40 Utilities Outside City District Sewer - Annual 3" meter - Minimum $6,818.64 $293.63 $6,525.01 Utilities Outside City District Sewer - Annual 3/4" meter - Flat $703.56 $30.30 $673.26 Utilities Outside City District Sewer - Annual 3/4" meter - Minimum $644.76 $27.76 $617.00 Utilities Outside City District Sewer - Annual 4" meter - Flat $11,664.36 $502.29 $11,162.07 Utilities Outside City District Sewer - Annual 4" meter - Minimum $10,653.72 $458.77 $10,194.95 Utilities Outside City District Sewer - Annual 5/8" meter - Flat $463.56 $19.96 $443.60 Utilities Outside City District Sewer - Annual 5/8" meter - Minimum $428.28 $18.44 $409.84 Utilities Outside City District Sewer - Annual 6" meter - Flat $23,329.08 $1,004.60 $22,324.48 Utilities Outside City District Sewer - Annual 6" meter - Minimum $21,307.56 $917.55 $20,390.01 Utilities Outside City District Sewer - Annual 8" meter - Flat $37,070.04 $1,596.32 $35,473.72 Utilities Outside City District Sewer - Annual 8" meter - Minimum $33,852.48 $1,457.76 $32,394.72 Utilities Outside City District Sewer - Annual Mobile Unit - Flat $128.28 $5.52 $122.76 Utilities Outside City District Sewer - Annual Mobile Unit - Minimum $120.36 $5.18 $115.18 Utilities Outside City District Sewer - Annual Multi-Fam Unit - Flat $208.32 $8.97 $199.35 Utilities Outside City District Sewer - Annual Multi-Fam Unit - Minimum $192.48 $8.29 $184.19 Utilities Outside City District Sewer - Annual Single-Family Dwell - Flat $335.64 $14.45 $321.19 Utilities Outside City District Sewer - Annual Single-Family Dwell - Minimum $307.92 $13.26 $294.66 Utilities Outside City District Sewer - Monthly 1" meter - Flat $97.23 $4.19 $93.04 Utilities Outside City District Sewer - Monthly 1" meter - Minimum $89.02 $3.83 $85.19 Utilities Outside City District Sewer - Monthly 1.5" meter - Flat $194.47 $8.37 $186.10 Utilities Outside City District Sewer - Monthly 1.5" meter - Minimum $177.64 $7.65 $169.99 Utilities Outside City District Sewer - Monthly 10" meter - Flat $4,440.72 $191.23 $4,249.49 Utilities Outside City District Sewer - Monthly 10" meter - Minimum $4,055.31 $174.63 $3,880.68 Utilities Outside City District Sewer - Monthly 2" meter - Flat $311.61 $13.42 $298.19 Utilities Outside City District Sewer - Monthly 2" meter - Minimum $284.71 $12.26 $272.45 Utilities Outside City District Sewer - Monthly 3" meter - Flat $621.81 $26.78 $595.03 Utilities Outside City District Sewer - Monthly 3" meter - Minimum $568.22 $24.47 $543.75 Utilities Outside City District Sewer - Monthly 3/4" meter - Flat $58.68 $2.53 $56.15 Utilities Outside City District Sewer - Monthly 3/4" meter - Minimum $53.73 $2.31 $51.42 Utilities Outside City District Sewer - Monthly 4" meter - Flat $972.03 $41.86 $930.17 Utilities Outside City District Sewer - Monthly 4" meter - Minimum $887.81 $38.23 $849.58 Utilities Outside City District Sewer - Monthly 5/8" meter - Flat $38.63 $1.66 $36.97 Utilities Outside City District Sewer - Monthly 5/8" meter - Minimum $35.69 $1.54 $34.15 Utilities Outside City District Sewer - Monthly 6" meter - Flat $1,944.09 $83.72 $1,860.37 Utilities Outside City District Sewer - Monthly 6" meter - Minimum $1,775.63 $76.46 $1,699.17 Utilities Outside City District Sewer - Monthly 8" meter - Flat $3,089.17 $133.03 $2,956.14 Utilities Outside City District Sewer - Monthly 8" meter - Minimum $2,821.04 $121.48 $2,699.56 Utilities Outside City District Sewer - Monthly Mobile Unit - Flat $10.69 $0.46 $10.23 Page 195 of 402 Attachment 2 - Comprehensive 2022 Schedule of Fees and RatesCity of Englewood, Colorado 2022 Fee and Rate Schedule Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Fee or Rate Increase Effective 1/1/2022 Prior Fees and Rate Utilities Outside City District Sewer - Monthly Mobile Unit - Minimum $10.03 $0.43 $9.60 Utilities Outside City District Sewer - Monthly Multi-Fam Unit - Flat $17.36 $0.75 $16.61 Utilities Outside City District Sewer - Monthly Multi-Fam Unit - Minimum $16.04 $0.69 $15.35 Utilities Outside City District Sewer - Monthly Single-Family Dwell - Flat $27.97 $1.20 $26.77 Utilities Outside City District Sewer - Monthly Single-Family Dwell - Minimum $25.66 $1.10 $24.56 Utilities Penalty Unauthorized Use of Water $500.00 $0.00 $500.00 Utilities Penalty Delinquent Bills/Late Fees - Inside City One-time charge per bill - 2.5% of outstanding bill balance One-time charge per bill - 2.5% of outstanding bill balance Utilities Penalty Delinquent Bills/Late Fees - Outside City One-time charge per bill - 25% of outstanding sewer treatment charge balance One-time charge per bill - 25% of outstanding sewer treatment charge balanceUtilitiesPermit/Service Tap Permit/Inspection $52.00 $0.00 $52.00 Utilities Permit/Service Fire Hydrant Permit/Inspection $45.00 $0.00 $45.00 Utilities Permit/Service Re-inspection $45.00 $45.00 Utilities Service Request New Account Setup $20.00 $0.00 $20.00 Utilities Service Request Title Status - Status Only $10.00 $0.00 $10.00 Utilities Service Request Title Status - Account Transfer $15.00 $0.00 $15.00 Utilities Service Request Title Status - Cancel Transfer $20.00 $0.00 $20.00 Utilities Service Request Red Tags (administered by mailing)$5 (door hanging)$0.00 $5 (door hanging) Utilities Service Request Turn off (nonpayment)$15.00 $0.00 $15.00 Utilities Service Request Liens $20.00 $0.00 $20.00 Utilities Service Request Plan Review/Inspection $220.00 minmum plus hourly rate $0.00 $220.00 minmum plus hourly rate Utilities Service Request Fire Hydrant Flow Test Inspection $90.00 $0.00 $90.00 Utilities Water - Flat Rates 1-3 rooms $7.16 $0.31 $6.85 Utilities Water - Flat Rates 4-5 rooms $8.96 $0.39 $8.57 Utilities Water - Flat Rates 6-7 rooms $10.41 $0.45 $9.96 Utilities Water - Flat Rates 8-9 rooms $11.53 $0.50 $11.03 Utilities Water - Flat Rates Each additional 2 rooms over 9 $1.32 $0.06 $1.26 Utilities Water - Flat Rates Bath $7.18 $0.31 $6.87 Utilities Water - Flat Rates Bath and shower $7.18 $0.31 $6.87 Utilities Water - Flat Rates Separate shower $7.18 $0.31 $6.87 Utilities Water - Flat Rates Water Closet $7.32 $0.32 $7.00 Utilities Water - Flat Rates Automatic Washer $3.43 $0.15 $3.28 Utilities Water - Flat Rates Dishwasher $3.92 $0.17 $3.75 Utilities Water - Flat Rates Garbage Disposal $2.63 $0.11 $2.52 Utilities Water - Flat Rates 1 or more automobiles per family $3.43 $0.15 $3.28 Utilities Water - Inside Metered Rates 1" meter Monthly $30.26 $1.33 $28.93 Utilities Water - Inside Metered Rates 1" meter Admin $4.01 $0.17 $3.84 Utilities Water - Inside Metered Rates 1" meter Min Usage included in minimum bill (gallons)- $26.25 $1.16 $25.09 Utilities Water - Inside Metered Rates 1.5" meter Monthly $58.63 $2.59 $56.04 Utilities Water - Inside Metered Rates 1.5" meter Admin $4.93 $0.21 $4.72 Utilities Water - Inside Metered Rates 1.5" meter Min Usage included in minimum bill (gallons)- $53.70 $2.38 $51.32 Utilities Water - Inside Metered Rates 10" meter Monthly $641.81 $28.27 $613.54 Utilities Water - Inside Metered Rates 10" meter Admin $104.81 $4.51 $100.30 Utilities Water - Inside Metered Rates 10" meter Min Usage included in minimum bill (gallons)- 150,000 $537.00 $23.76 $513.24 Utilities Water - Inside Metered Rates 2" meter Monthly $93.94 $4.15 $89.79 Utilities Water - Inside Metered Rates 2" meter Admin $8.02 $0.35 $7.67 Utilities Water - Inside Metered Rates 2" meter Min Usage included in minimum bill (gallons)- $85.92 $3.80 $82.12 Utilities Water - Inside Metered Rates 3" meter Monthly $191.93 $8.46 $183.47 Utilities Water - Inside Metered Rates 3" meter Admin $30.83 $1.33 $29.50 Utilities Water - Inside Metered Rates 3" meter Min Usage included in minimum bill (gallons)- $161.10 $7.13 $153.97 Utilities Water - Inside Metered Rates 3/4" meter Monthly $3.08 $0.13 $2.95 Utilities Water - Inside Metered Rates 3/4" meter Admin $3.08 $0.13 $2.95 Utilities Water - Inside Metered Rates 3/4" meter Min Usage included in minimum bill (gallons)- $0.00 $0.00 $0.00 Utilities Water - Inside Metered Rates 4" meter Monthly $307.66 $13.57 $294.09 Utilities Water - Inside Metered Rates 4" meter Admin $39.16 $1.69 $37.47 Utilities Water - Inside Metered Rates 4" meter Min Usage included in minimum bill (gallons)- $268.50 $11.88 $256.62 Utilities Water - Inside Metered Rates 5/8" meter Monthly $3.08 $0.13 $2.95 Utilities Water - Inside Metered Rates 5/8" meter Admin $3.08 $0.13 $2.95 Utilities Water - Inside Metered Rates 5/8" meter Min Usage included in minimum bill (gallons)- $0.00 $0.00 $0.00 Utilities Water - Inside Metered Rates 6" meter Monthly $595.89 $26.30 $569.59 Utilities Water - Inside Metered Rates 6" meter Admin $58.89 $2.54 $56.35 Utilities Water - Inside Metered Rates 6" meter Min Usage included in minimum bill (gallons)- 150,000 $537.00 $23.76 $513.24 Utilities Water - Inside Metered Rates Monthly Usage Rate per 1000 gallons First 400,000 $3.58 $0.16 $3.42 Utilities Water - Inside Metered Rates Monthly Usage Rate per 1000 gallons Over 400,000 $2.22 $0.10 $2.12 Utilities Water - Outside Metered Rates 1" meter Monthly $42.35 $1.85 $40.50 Utilities Water - Outside Metered Rates 1" meter Admin $5.61 $0.24 $5.37 Utilities Water - Outside Metered Rates 1" meter Min Usage included in minimum bill (gallons)- $36.74 $1.61 $35.13 Page 196 of 402 Attachment 2 - Comprehensive 2022 Schedule of Fees and RatesCity of Englewood, Colorado 2022 Fee and Rate Schedule Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Fee or Rate Increase Effective 1/1/2022 Prior Fees and Rate Utilities Water - Outside Metered Rates 1.5" meter Monthly $82.06 $3.60 $78.46 Utilities Water - Outside Metered Rates 1.5" meter Admin $6.91 $0.30 $6.61 Utilities Water - Outside Metered Rates 1.5" meter Min Usage included in minimum bill (gallons)- $75.15 $3.30 $71.85 Utilities Water - Outside Metered Rates 10" meter Monthly $898.24 $39.28 $858.96 Utilities Water - Outside Metered Rates 10" meter Admin $146.74 $6.32 $140.42 Utilities Water - Outside Metered Rates 10" meter Min Usage included in minimum bill (gallons)- 150,000 $751.50 $32.96 $718.54 Utilities Water - Outside Metered Rates 2" meter Monthly $131.46 $5.75 $125.71 Utilities Water - Outside Metered Rates 2" meter Admin $11.22 $0.48 $10.74 Utilities Water - Outside Metered Rates 2" meter Min Usage included in minimum bill (gallons)- $120.24 $5.27 $114.97 Utilities Water - Outside Metered Rates 3" meter Monthly $268.61 $11.75 $256.86 Utilities Water - Outside Metered Rates 3" meter Admin $43.16 $1.86 $41.30 Utilities Water - Outside Metered Rates 3" meter Min Usage included in minimum bill (gallons)- $225.45 $9.89 $215.56 Utilities Water - Outside Metered Rates 3/4" meter Monthly $4.32 $0.19 $4.13 Utilities Water - Outside Metered Rates 3/4" meter Admin $4.32 $0.19 $4.13 Utilities Water - Outside Metered Rates 3/4" meter Min Usage included in minimum bill (gallons)- $0.00 $0.00 $0.00 Utilities Water - Outside Metered Rates 4" meter Monthly $430.56 $18.84 $411.72 Utilities Water - Outside Metered Rates 4" meter Admin $54.81 $2.36 $52.45 Utilities Water - Outside Metered Rates 4" meter Min Usage included in minimum bill (gallons)- $375.75 $16.48 $359.27 Utilities Water - Outside Metered Rates 5/8" meter Monthly $4.32 $0.19 $4.13 Utilities Water - Outside Metered Rates 5/8" meter Admin $4.32 $0.19 $4.13 Utilities Water - Outside Metered Rates 5/8" meter Min Usage included in minimum bill (gallons)- $0.00 $0.00 $0.00 Utilities Water - Outside Metered Rates 6" meter Monthly $833.94 $36.51 $797.43 Utilities Water - Outside Metered Rates 6" meter Admin $82.44 $3.55 $78.89 Utilities Water - Outside Metered Rates 6" meter Min Usage included in minimum bill (gallons)- 150,000 $751.50 $32.96 $718.54 Utilities Water - Outside Metered Rates Monthly Usage Rate per 1000 gallons First 400,000 $5.01 $0.22 $4.79 Utilities Water - Outside Metered Rates Monthly Usage Rate per 1000 gallons Over 400,000 $3.10 $0.13 $2.97 Utilities Capital Improvement Monthly Fee - Inside 1" meter $25.00 $0.00 $25.00 Utilities Capital Improvement Monthly Fee - Inside 1.5" meter $49.90 $0.00 $49.90 Utilities Capital Improvement Monthly Fee - Inside 10" meter $2,100.00 $0.00 $2,100.00 Utilities Capital Improvement Monthly Fee - Inside 2" meter $80.20 $0.00 $80.20 Utilities Capital Improvement Monthly Fee - Inside 3" meter $160.00 $0.00 $160.00 Utilities Capital Improvement Monthly Fee - Inside 3/4" meter $15.00 $0.00 $15.00 Utilities Capital Improvement Monthly Fee - Inside 4" meter $250.10 $0.00 $250.10 Utilities Capital Improvement Monthly Fee - Inside 5/8" meter $15.00 $0.00 $15.00 Utilities Capital Improvement Monthly Fee - Inside 6" meter $600.00 $0.00 $600.00 Utilities Capital Improvement Monthly Fee - Inside Flat $15.00 $0.00 $15.00 Utilities Capital Improvement Monthly Fee - Outside 1" meter $35.00 $0.00 $35.00 Utilities Capital Improvement Monthly Fee - Outside 1.5" meter $69.90 $0.00 $69.90 Utilities Capital Improvement Monthly Fee - Outside 10" meter $2,940.00 $0.00 $2,940.00 Utilities Capital Improvement Monthly Fee - Outside 2" meter $112.30 $0.00 $112.30 Utilities Capital Improvement Monthly Fee - Outside 3" meter $224.00 $0.00 $224.00 Utilities Capital Improvement Monthly Fee - Outside 3/4" meter $21.00 $0.00 $21.00 Utilities Capital Improvement Monthly Fee - Outside 4" meter $350.10 $0.00 $350.10 Utilities Capital Improvement Monthly Fee - Outside 5/8" meter $21.00 $0.00 $21.00 Utilities Capital Improvement Monthly Fee - Outside 6" meter $840.00 $0.00 $840.00 Utilities Capital Improvement Monthly Fee - Outside Flat $21.00 $0.00 $21.00 Utilities Water Connection Fee-Inside City 1" meter $32,495.00 $3,308.00 $29,187.00 Utilities Water Connection Fee-Inside City 1.5" meter $64,812.00 $6,599.00 $58,213.00 Utilities Water Connection Fee-Inside City 2" meter $104,146.00 $10,604.00 $93,542.00 Utilities Water Connection Fee-Inside City 3" meter $207,846.00 $21,163.00 $186,683.00 Utilities Water Connection Fee-Inside City 3/4" meter $19,488.00 $1,984.00 $17,504.00 Utilities Water Connection Fee-Inside City 4" meter $324,955.00 $33,088.00 $291,867.00 Utilities Water Connection Fee-Inside City 6" meter $779,534.00 $79,374.00 $700,160.00 Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home Base Charge $11,711.00 $1,193.00 $10,518.00 Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home First 12 Units (each)$2,593.00 $264.00 $2,329.00 Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home Next 22 Unites (each)$2,021.00 $214.00 $1,807.00 Utilities Water Connection Fee-Inside City Multi-Family and Mobile Home Units Over 34 (each)$1,229.00 $125.00 $1,104.00 Utilities Water Connection Fee-Inside City Commercial/Mixed Use First 125 Units (each)$371.00 $38.00 $333.00 Utilities Water Connection Fee-Inside City Commercial/Mixed Use Next 250 Unites (each)$157.00 $16.00 $141.00 Utilities Water Connection Fee-Inside City Commercial/Mixed Use Units Over 375 (each)$116.00 $12.00 $104.00 Utilities Water Connection Fee-Outside City 1" meter $45,493.00 $4,632.00 $40,861.00 Utilities Water Connection Fee-Outside City 1.5" meter $90,738.00 $9,240.00 $81,498.00 Utilities Water Connection Fee-Outside City 2" meter $145,805.00 $14,846.00 $130,959.00 Utilities Water Connection Fee-Outside City 3" meter $290,985.00 $29,629.00 $261,356.00 Utilities Water Connection Fee-Outside City 3/4" meter $27,284.00 $2,778.00 $24,506.00 Utilities Water Connection Fee-Outside City 4" meter $454,936.00 $46,322.00 $408,614.00 Utilities Water Connection Fee-Outside City 6" meter $1,091,348.00 $111,124.00 $980,224.00 Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home Base Charge $16,395.00 $1,670.00 $14,725.00 Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home First 12 Units (each)$3,630.00 $369.00 $3,261.00 Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home Next 22 Unites (each)$2,817.00 $287.00 $2,530.00 Utilities Water Connection Fee-Outside City Multi-Family and Mobile Home Units Over 34 (each)$1,721.00 $175.00 $1,546.00 Page 197 of 402 Attachment 2 - Comprehensive 2022 Schedule of Fees and RatesCity of Englewood, Colorado 2022 Fee and Rate Schedule Effective January 1, 2022 unless otherwise stated Department Type Description Description Details Fees and Rates Effective 1/1/2022 Proposed Fee or Rate Increase Effective 1/1/2022 Prior Fees and Rate Utilities Water Connection Fee-Outside City Commercial/Mixed Use First 125 Units (each)$519.00 $53.00 $466.00 Utilities Water Connection Fee-Outside City Commercial/Mixed Use Next 250 Unites (each)$220.00 $23.00 $197.00 Utilities Water Connection Fee-Outside City Commercial/Mixed Use Units Over 375 (each)$177.00 $31.00 $146.00 Page 198 of 402 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: November 1, 2021 SUBJECT: Resolution to Approve MOU, Settlement of Opioid Litigation DESCRIPTION: Nationwide settlements have been reached with the “Big 3” opioid distributors (McKesson, Cardinal Health, and AmerisourceBergen) and opioid manufacturer Johnson & Johnson to resolve claims by state and local governments that these companies contributed to the opioid epidemic. The claims being settled include those raised by local governments in the national multi-district litigation (“MDL”), In Re: National Prescription Opiate Litigation, MDL 2804 (N.D. Ohio). The Colorado MOU establishes the framework for distributing and sharing these settlement proceeds throughout Colorado. Local governments and the State prepared the Colorado MOU, which prioritizes regionalism, collaboration, and abatement. If sufficient local governments approve the MOU, the State of Colorado is expected to receive approximately $300 million from the settlement. RECOMMENDATION: Adopt the Resolution approving the initial opioid settlement, and authorizing execution of a Memorandum of Understanding and related documents. PREVIOUS COUNCIL ACTION: None. SUMMARY: For many years, US state and local governments have pursued litigation regarding opioid addiction in the United States, arguing reckless over-distribution of opioids have caused a public health crisis requiring governments to incur costs/damages to abate the crisis. US state and local governments agreed to accept $26 billion over 18 years to resolve claims against the three biggest drug distribution companies (McKesson Corp., Cardinal Health Inc., and AmerisourceBergen Corp.)(known as the “Big 3”) and the manufacturer Johnson & Johnson. Under the settlement, Johnson & Johnson would not produce any opioids for at least a decade; and AmerisourceBergen, Cardinal Health and McKesson share prescribing information. The claims being settled include those raised by local governments in the national multi-district litigation (“MDL”), In Re: National Prescription Opiate Litigation, MDL 2804 (N.D. Ohio). More information about these settlements can be found at https://nationalopioidsettlement.com/. We anticipate this is the first of multiple settlements that will provide funding to Englewood and Arapahoe County to be used to address opioid addiction and mitigate its effects. Each state worked with its local government entities to draft and negotiate its own state memorandum of Page 199 of 402 understanding whereby local governments accept a portion of the settlement funds, release their claims against the settling parties, and utilize the funds for specific opioid-related purposes. Receipt of the total amount of funds is contingent upon 95 percent of Colorado local governments approving the MOU and related agreements. If so, the entire state of Colorado is projected to receive $300 million to $400 million for distribution. ANALYSIS: The Colorado Opioids Settlement Memorandum of Understanding (“Colorado MOU”) memorializes the agreement between the Colorado Attorney General and representatives of local government. The Colorado MOU prioritizes regionalism, collaboration, and abatement in the sharing and distribution of opioid settlement funds, and gives control of 80 percent of settlement funds to local governments. While Colorado’s local governments are currently being asked to participate in recent settlements with the “Big 3” Distributors (AmerisourceBergen, Cardinal Health, and McKesson) and Johnson & Johnson, the Colorado MOU is intended to apply to all current and future opioid settlements. Allocation of Settlement Funds The Colorado MOU provides the framework for dividing and sharing settlement proceeds among the state and local governments in Colorado. Under the Colorado MOU, settlement proceeds will be distributed as follows: 1. 10% directly to the State (“State Share”) 2. 20% directly to Participating Local Governments (“LG Share”) 3. 60% directly to Regions (“Regional Share”) 4. 10% to specific abatement infrastructure projects (“Statewide Infrastructure Share”) Under the Colorado MOU, all settlement funds must be used only for “Approved Purposes,” a long list that focuses on abatement strategies. These strategies emphasize prevention, treatment, and harm reduction, and include training health care providers on opioid use disorder (“OUD”) treatment and responsible prescribing, expanding telehealth and mobile services for treatment, and increasing naloxone and rescue breathing supplies. The list of Approved Purposes is broad enough to be flexible for local communities, while ensuring that settlement funds are used to combat the opioid epidemic. The list of Approved Purposes is attached as Exhibit A to the MOU, unless the term is otherwise defined in a settlement. General Abatement Fund Council A General Abatement Fund Council (the “Abatement Council”), consisting of representatives appointed by the State and Participating Local Governments, will ensure that the distribution of opioid funds complies with the terms of any settlement and the terms of the Colorado MOU. The Abatement Council will consist of 13 members, seven appointed by the State and six appointed by the Participating Local Governments. Page 200 of 402 Local Government Share (20%) Twenty percent of settlement funds will be paid directly to Participating Local Governments. Exhibit D establishes Arapahoe County will receive 10.8071 percent; and of that, 5.580 percent will benefit Englewood, as shown in Exhibit E. The allocations to each County Area in Exhibit D are based on three factors that address critical causes and effects of the opioid crisis: (1) the number of persons suffering opioid use disorder in the county; (2) the number of opioid overdose deaths that occurred in the county; and (3) the amount of opioids distributed within the county. The intracounty allocations in Exhibit E are a default allocation that will apply unless the local governments in a County Area enter into a written agreement providing for a different allocation. These allocations are based on a model, developed by health economist experts, which uses data from the State and Local Government Census on past spending relevant to opioid abatement. Participating Local Governments will provide data on expenditures from the LG Share to the Abatement Council on an annual basis. If a local government wishes, it may forego its LG Share and direct it to the Regional Share. A local government that chooses not to participate or sign onto the Colorado MOU will not receive funds from the LG Share and the portion of the LG Share that it would have received will instead be re-allocated to the Regional Share for the region where that local government is located. Regional Share (60%) Sixty percent of settlement funds will be allocated to single- or multi-county regions made up of local governments. A local government that chooses not to participate or sign onto the Colorado MOU shall not receive any opioid funds from the Regional Share and shall not participate in the Regional Councils. State Share (10%) Ten percent of settlement funds will be allocated directly to the State for statewide priorities in combating the opioid epidemic. The State maintains full discretion over distribution of the State Share anywhere within the State of Colorado. On an annual basis, the State shall provide all data on expenditures from the State Share, including administrative costs, to the Abatement Council. Statewide Infrastructure Share (10%) Ten percent of the settlement funds will be allocated to a Statewide Infrastructure Share to promote capital improvements and provide operational assistance for the development or improvement of infrastructure necessary to abate the opioid crisis anywhere in Colorado. The Abatement Council shall establish and publish policies and procedures for the distribution and oversight of the Statewide Infrastructure Share, including processes for local governments or regions to apply for opioid funds from the Statewide Infrastructure Share. If the City participates in the settlement, to ensure transparency and that settlement funds are used for Approved Purposes, the City will be required to provide expenditure data to the Abatement Council on an annual basis. Local governments that wish to join the MOU but do not Page 201 of 402 wish to receive any direct payments have the option to redirect their payments to the Regional allocation. CONCLUSION: If the City of Englewood chooses not to participate in the MOU, the City will receive no funds from this $26 billion settlement. (In fact, if more than 5 percent of Colorado local governments choose not to participate, the entire state of Colorado's share would be significantly reduced.) In this case, the City could independently pursue its claims against the Big 3 and Johnson and Johnson. Due to the cost and complexity of this litigation and the opioid claims presented, plus the fact that under the MOU local governments control 80 percent of settlement proceeds, we recommend the City approve the settlement and receive settlement proceeds. The Colorado Attorney General’s Office has requested the executed MOU and related settlement documents be returned no later than November 5, 2021 to participate in the settlement. FINANCIAL IMPLICATIONS: The State of Colorado is expected to receive approximately $300 million to $400 million in this settlement; of that, 20 percent, or $60 million, is allocated directly to local governments. Of that local government share, 10.8071 percent, or $6,484,260, is allocated to Arapahoe County. Of the $6,484,260 allocated to Arapahoe County, 5.5850 percent, or $362,145.92, is allocated directly to the City of Englewood, based on receipt of $300 million to the state. (Englewood citizens also will benefit from amounts directly allocated to the County in the amount of $2,768,798.47.) CONNECTION TO STRATEGIC PLAN: Safety and Local Economy: The settlement funds will provide financial resources to the City and enable it to promote a safe and healthy environment within the City. OUTREACH/COMMUNICATIONS: None ATTACHMENTS: MOU MOU FAQ MOU Summary Johnson & Johnson Settlement Participation Form Distributor Settlement Participation Form Escrow Agreement Powerpoint Page 202 of 402 RESOLUTION NO. ____ SERIES OF 2021 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO ACCEPT SETTLEMENT IN OPIOID LITIGATION BY AUTHORIZING EXECUTION OF DOCUMENTS MEMORIALIZING SAME. WHEREAS, for many years, US state and local governments have pursued litigation regarding opioid addiction in the United States, arguing reckless over-distribution of opioids have caused a public health crisis requiring governments to incur costs/damages to abate the crisis, in In Re: National Prescription Opiate Litigation, MDL 2804 (N.D. Ohio); and WHEREAS, US state and local governments agreed to accept $26 billion over 18 years to resolve claims against the three biggest drug distribution companies (McKesson Corp., Cardinal Health Inc., and AmerisourceBergen Corp.) (known as the “Big 3”) and the manufacturer Johnson & Johnson; and WHEREAS, the Colorado Opioids Settlement Memorandum of Understanding (“Colorado MOU”) memorializes the agreement between the Colorado Attorney General and representatives of local government regarding receipt, use, and distribution of the approximately $300 million that is expected to be distributed within the state from this settlement; and WHEREAS, receipt of funds is contingent upon 95 percent of Colorado local governments approving the MOU and related agreements; and WHEREAS, the Colorado MOU prioritizes regionalism, collaboration, and abatement in the sharing and distribution of opioid settlement funds, and gives control of 80 percent of settlement funds to local governments; and WHEREAS, by approving this first settlement arising out of opioid litigation, the City of Englewood is expected to directly receive approximately $362,000,000, in addition to over $2 million that is anticipated to be distributed to Arapahoe County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood hereby authorizes the City to approve distribution of opioid settlement proceeds within the state of Colorado, and specifically approve receipt of settlement funds from the Big 3 and Johnson & Johnson, by executing the following documents: the Colorado Opioids Settlement Memorandum of Understanding; the Colorado Subdivision Escrow Agreement; the Settlement Participation Form regarding the Janssen Settlement; and the Settlement Participation Form regarding the Distributor Settlement. The documents are attached and incorporated by reference as if fully set forth herein. Section 2. The City Council of the City of Englewood hereby authorizes the Mayor (or the Mayor Pro Tem, in the Mayor’s absence) to execute all documents referenced above and attached hereto to accept the settlement. The City Council further authorizes City staff to take all actions necessary to effectuate the directions and authorizations contained within this Resolution. Page 203 of 402 ADOPTED AND APPROVED this 1st day of November, 2021. _______________________________ Linda Olson, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. ______, Series of 2021. ___________________________ Stephanie Carlile Page 204 of 402 COLORADOOPIOIDSSETTLEMENTMEMORANDUMOFUNDERSTANDING(“MOU”)Thursday,August26,2021August25,2021AttorneyGeneralversionA.DefinitionsAsusedinthisMOU:1.“ApprovedPurpose(s)”shallmeanforward-lookingstrategies,programming,andservicestoabatetheopioidepidemicasidentifiedbythetermsofanySettlement.IfaSettlementissilentonApprovedPurpose(s),thenApprovedPurpose(s)shallmeanthoseforward-lookingstrategiestoabatetheopioidepidemicidentifiedinExhibitAoranysupplementalforward-lookingabatementstrategiesaddedtoExhibitAbytheAbatementCouncil.ConsistentwiththetermsofanySettlement,“ApprovedPurposes”shallalsoincludethereasonableadministrativecostsassociatedwithoverseeingandadministeringOpioidFundsfromeachofthefour(4)SharesdescribedinSection(B)(2).ReimbursementbytheStateorLocalGovernmentsforpastexpensesarenotApprovedPurpose(s).“ApprovedPurposes”shallincludeattorneys’feesandexpensesincurredinthecourseoftheopioidlitigationthatarepaidthroughtheprocessdiscussedbelow.2.“CountyArea”shallmeanacountyintheStateofColoradoplustheLocalGovernments,orportionofanyLocalGovernment,withinthatcounty.3.“EffectiveDate”shallmeanthedateonwhichacourtofcompetentjurisdiction,includinganybankruptcycourt,entersthefirstSettlementbyorderorconsentdecree.ThePartiesanticipatethatmorethanoneSettlementwillbeadministeredaccordingtothetermsofthisMOU,butthatthefirstenteredSettlementwilltriggerthefonnationoftheAbatementCouncilinSection(C)andtheRegionalCouncilsinSection(F)(5))4.“GeneralAbatementFundCouncil,”or“AbatementCouncil,”shallhavethemeaningdescribedinSection(C),below.Fortheavoidanceofdoubt,theMcKinseySettlementandanyotherSettlementthatprecedesthefinalizationofdraftingthisMOUarenotconsideredatriggerforpurposesofthecalculationof“EffectiveDate.”1Page 205 of 402 5.“LocalGovernment(s)”shallmeanallcountiesintheStateofColoradoandthemunicipalities,towns,andcountyandcitymunicipalcorporationsthatarclistedinExhibitB.6.“NationalOpioidSettlementAdministrativeFund”shallmeananyfundidentifiedbyaSettlementforthenationaldistributionofOpioidFunds.7.“OpioidFunds”shallmeandamageawardsobtainedthroughaSettlement.8.“OpioidSettlingDefendant”shallmeananypersonorentity,oritsaffiliates,thatengagesinorhasengagedinthemanufacture,marketing,promotion,distribution,ordispensingoflicitopioids.9.“ParticipatingLocalGovernment(s)”shallmeanallLocalGovernmentsthatsignthisMOU,andifrequiredundertermsofaparticularSettlement,whohaveexecutedareleaseofclaimswiththeOpioidSettlementDefendant(s).Fortheavoidanceofdoubt,aLocalGovernmentmustsignthisMOUtobecomea“ParticipatingLocalGovernment.”LocalGovernmentsmaydesignatetheappropriateindividualfromtheirentitytosigntheMOU.10.“Party”or“Parties”shallmeantheStateand/orParticipatingLocalGovernment(s).II.“QualifiedSettlementFundAccount,”or“QSFAccount,”shallmeananaccountsetupasaqualifiedsettlementfund,468bfund,asauthorizedbyTreasuryRegulationsl.468B-1(c)(26CFR§l.468B-l).12.“RegionalCouncil”shallhavethemeaningdescribedinSection(F)(5),below.13.“Settlement”shallmeanthenegotiatedresolutionoflegalorequitableclaimsagainstanOpioidSettlingDefendantwhenthatresolutionhasbeenjointlyenteredintobytheStateandtheParticipatingLocalGovernments,orbyanyindividualPartyorcollectionofPartiesthatopttosubjecttheirSettlementtothisMOU.UnlessotherwisedirectedbyanorderfromaUnitedStatesBankruptcyCourt,“Settlement”shallalsoincludedistributionsfromanyliquidationunderChapter7oftheUnitedStatesBankruptcyCodeorconfirmedplanunderChapter11oftheUnitedStatesBankruptcyCodethattreatstheclaimsoftheStateandLocalGovernmentsagainstanOpioidSettlingDefendant.14.“TheState”shallmeantheStateofColoradoactingthroughitsAttorneyGeneralandtheColoradoDepartmentofLaw.B.AllocationofSettlementProceeds1.AllOpioidFundsshallbeheldinaccordancewiththetermsofanySettlement.IfaSettlementallowsOpioidFundstobeheldinaNationalOpioidSettlementAdministrativeFund,thenOpioidFundsshallbeheldinsuchNationalOpioidSettlementAdministrativeFund.IfaSettlementdoesnotallowforOpioidFunds2Page 206 of 402 tobeheldinaNationalOpioidSettlementAdministrativeFund,OpioidFundsshallbeheldinaColorado-specificQSFAccountor,underthefollowinglimitedcircumstances,intheState’sCustodialAccount:1)ifatthetimeofaSettlement,aColorado-specificQSFAccountisnotyetestablished,althoughinsuchcase,theOpioidFundsshallbetransferredtotheColorado-specificQSFAccountonceitisestablishedor2)wheretheAbatementFundCouncildetenTlinesOpioidsFundscannotbelegallyheldinaColorado-specificQSFAccount.RegardlessofwhetherOpioidFundsareheldinaNationalAdministrativeFund,aColorado-specificQSFAccount,orintheState’sCustodialAccount,theAbatementCouncilshallappointoneofitsmemberstoserveasthepointofcontactinaccordanceSection(C)(4)(b)(i),below.2.AllOpioidFunds,atthetimeofaSettlementoratthetimedesignatedintheSettlementdocuments,shallbedividedanddistributedasfollows:2a.10%directlytotheState(“StateShare”)forApprovedPurposesinaccordancewithSection(D),below;b.20%directlytoParticipatingLocalGovernments(“LGShare”)forApprovedPurposesinaccordancewithSection(E),below;c.60%directlytoRegions(“RegionalShare”)forApprovedPurposesinaccordancewithSection(F),below;andd.10%tospecificabatementinfrastructureprojects(“StatewideInfrastructureShare”)forApprovedPurposesinaccordancewithSection(G),below.3.DistributionoftheSharesinSectionB(2)(a)—(d)shallbedirect,meaningthatfundsheldinaccordancewithSectionB(l)shallbedisburseddirectlytotheState,ParticipatingLocalGovernments,Regions,andtheStatewideInfrastructureShareaccordingtothetermsofthisMOU.4.AllOpioidFunds,regardlessofallocation,shallbeusedforApprovedPurposes.5.ParticipatingLocalGovernmentsmayelecttoshare,pool,orcollaboratewiththeirrespectiveallocationoftheLGorRegionalSharesinanymannertheychoose,solongassuchsharing,pooling,orcollaborationisusedforApprovedPurposesandcomplieswiththetenTisofthisMOUandanySettlement.C.GeneralAbatementFundCouncilAGeneralAbatementFundCouncil(the“AbatementCouncil”),consistingofrepresentativesappointedbytheStateandParticipatingLocalGovernments,shall2ThisMOUtreatsmulti-countyhealthdepartmentsascountyhealthdepartmentsforpurposesofallocationanddistributionofabatementproceedsandthereforemulti-countyhealthdepartmentsshallnotreceiveanyOpioidFundsdirectly.Third-PartyPayors(“TPPs”)arenotPartiestothisMOU.3Page 207 of 402 bccreatedtoensurethedistributionofOpioidFundscomplieswiththetermsofanySettlementandtoprovideoversightoftheOpioidFundsinaccordancewiththetermsofthisMOU.2.Membership:TheAbatementCouncilshallconsistofthefollowingthirteen(13)members,whoshallserveintheirofficialcapacityonly.a.StateMembers:Seven(7)membersshallbeappointedbytheState,asauthorizedvolunteersoftheState,asfollows:(i)AChairtoserveasanon-votingmember,exceptintheeventofatie;(ii)Two(2)memberswhoarelicensedprofessionalswithsignificantexperienceinsubstanceusedisorders;(iii)Three(3)memberswhoareprofessionalswithsignificantexperienceinprevention,education,recovery,treatment,criminaljustice,ruralpublichealthissues,orgovernmentadministrationrelatedtosubstanceusedisorders;and(iv)One(1)memberorfamilymemberaffecteddirectlybytheopioidcrisis.b.LocalGovernmentMembers:Six(6)membersshallbeappointedbytheParticipatingLocalGovernments.LocalGovernmentMembersshallbeaCountyCommissioner,Mayor,CityorTownCouncilMember,oraprofessionalwithsignificantexperienceinprevention,education,recovery,treatment,criminaljustice,ruralpublichealthissues,orgovernmentaladministrationrelatedtosubstanceusedisorders.AParticipatingLocalGovernmentmaydeterminewhichLocalGovernmentMembersareeligible(orineligible)toserveontheGeneralAbatementFundCouncil.CountyCommissioners,CityorTownCouncilMembers,and/orMayorsfromtheRegionsidentifiedinExhibitCshallcollaboratetoappointLocalGovernmentMembersasfollows:(i)Two(2)MembersfromRegions1,5,13,14,15,17,18;(ii)Two(2)MembersfromRegions2,6,7,8,9,10,11,12,16;and(iii)Two(2)MembersfromRegions3,4,19.c.Terms:TheAbatementCouncilshallbeestablishedwithinninety(90)daysoftheEffectiveDate.Inordertodoso,withinsixty(60)daysoftheEffectiveDate,theStateshallappointtheStateMembersinaccordancewithSection(C)(2)(a),andafterconferralwiththeLocalGovernments,CCIandCMLshalljointlyappointsix(6)LocalGovernmentMembersforaninitialtermnottoexceedoneyear.Thereafter,Membersshallbe4Page 208 of 402 appointcdinaccordancewiththisSectionandSections(C)(2)(a)and(b)andmayservenomorethantwo(2)consecutivetwo-yearterms,foratotaloffour(4)consecutiveyears.Exceptthat,beginninginthesecondyearonly,two(2)StateMembersandtwo(2)LocalGovernmentmembersshallbeappointedforathree-yeartermandmayserveoneconsecutivetwo-yeartermthereafter.TheChairshallhavenotermbutmaybereplacedattheState’sdiscretion.(i)IfaStateorLocalGovernmentMemberresignsorisotherwiseremovedfromtheAbatementCouncilpriortotheexpirationoftheirterm,areplacementMembershallbeappointedwithinsixty(60)daysinaccordancewithSections(C)(2)(a)and(b).(ii)IfaLocalGovernmentMembervacancyexistsformorethansixty(60)days,theStateshallappointareplacementLocalGovernmentMembertoserveuntilthevacancyisfilledinaccordancewithSection(C)(2)(b).3.Duties:TheAbatementCouncilisprimarilyresponsibleforensuringthatthedistributionofOpioidFundscomplieswiththetermsofthisMOU.TheAbatementCouncilisalsoresponsibleforoversightofOpioidFundsfromtheRegionalShareinaccordancewithSection(F),below,andfordevelopingprocessesandproceduresforthedistributionandoversightofOpioidFundsfromtheStatewideInfrastructureShareinaccordancewithSection(G)below.4.Governance:TheAbatementCouncilshalldraftitsownbylawsorothergoverningdocuments,whichmustincludeappropriateconflictofinterestanddisputeresolutionprovisions,inaccordancewiththetermsofthisMOUandthefollowingprinciples:a.Authority:TheAbatementCouncildoesnothaverulemakingauthority.ThetermsofthisMOUandanySettlement,asenteredbyanycourtofcompetentjurisdiction,includinganybankruptcycourt,controltheauthorityoftheAbatementCouncilandtheAbatementCouncilshallnotstrayoutsidetheboundsoftheauthorityandpowervestedbythisMOUandanySettlement.b.Administration:TheAbatementCouncilshallberesponsibleforanaccountingofallOpioidFunds.TheAbatementCouncilshallberesponsibleforreleasingOpioidFundsinaccordancewithSection(B)(l)fortheRegionalandStatewideInfrastructureSharesinSections(B)(2)(c)and(d)andshalldeveloppoliciesandproceduresforthereleaseandoversightofsuchfundsinaccordancewithSections(F)and(G).ShouldtheAbatementCouncilrequireassistancewithprovidinganaccountingofOpioidFunds,itmayseekassistancefromtheState.5Page 209 of 402 (i)TheAbatementCouncilshallappointoneofitsmemberstoserveasapointofcontactforthepurposeofcommunicatingwiththeentityholdingOpioidFundsinaccordancewithSection(B)(l)andinthatroleshallonlyactasdirectedbytheAbatementCouncil.c.Transparency:TheAbatementCouncilshalloperatewithallreasonabletransparencyandoperateinamannerconsistentwithallColoradolawsrelatingtoopenrecordsandmeetingsregardlessofwhethertheAbatementCouncilisotherwiseobligatedtocomplywiththem.(i)TheAbatementCouncilshalldevelopacentralizedpublicdashboardorotherrepositoryforthepublicationofexpendituredatafromanyPartyorRegionalCouncilthatreceivesOpioidFundsinaccordancewithSections(D)-(G).(ii)TheAbatementCouncilmayalsorequireoutcomerelateddatafromanyPartyorRegionalCouncilthatreceivesOpioidFundsinaccordancewithSections(D)-(G)andmaypublishsuchoutcomerelateddatainthecentralizedpublicdashboardorotherrepositorydescribedabove.Indetenniningwhichoutcomerelateddatamayberequired,theAbatementCouncilshallworkwithallPartiesandRegionalCouncilstoidentifyappropriatedatasetsanddevelopreasonableproceduresforcollectingsuchdatasetssothattheadministrativeburdendoesnotoutweighthebenefitofproducingsuchoutcomerelateddata.(iii)Forpurposesoffundingthecentralizedpublicdashboardorotherrepositorydescribedabove,theAbatementCouncilshallmakegoodfaitheffortstoseekfundingfromoutsidesourcesfirst,otherwisetheStateshallprovidesuchfunding.d.Collaboration:TheAbatementCouncilshallfacilitatecollaborationbetweentheState,ParticipatingLocalGovernments,RegionalCouncils,andotherstakeholdersforthepurposesofsharingdata,outcomes,strategies,andotherrelevantinformationrelatedtoabatingtheopioidcrisisinColorado.e.DecisionMaking:TheAbatementCouncilshallseektomakealldecisionsbyconsensus.Intheeventconsensuscannotbeachieved,unlessotherwiserequiredinthisMOU,theAbatementCouncilshallmakedecisionsbyamajorityvoteofitsMembers.TheChairshallonlyvoteintheeventofatie.f.DueProcess:TheAbatementCouncilshalldevelopthedueprocessproceduresrequiredbySection(G)(3)(d)forPartiestodisputeorchallengeremedialactionstakenbytheAbatementCouncilforOpioidFundsfromtheStatewideInfrastructureShare.TheAbatementCouncil6Page 210 of 402 shallalsoabidebythedueprocessprinciplesrequiredbySection(F)(12)-(13)forRegionstodisputeorchallengeremedialactionstakenbytheAbatementCouncilforOpioidFundsfromtheRegionalShare.g.LegalStatus:TheAbatementCouncilshallnotconstituteaseparatelegalentity.h.LegalRepresentation:Totheextentpermittedbylaw,theStateshallprovidelegalcounseltoStateMembersforalllegalissuesarisingfromthoseStateMembers’workontheAbatementCouncil.Atalltimes,LocalGovernmentMembersoftheAbatementCouncilareentitledtoreceivelegalrepresentationfromtheirrespectivegovernmentalentities.Intheeventofaconflict,theAbatementCouncilanditsmembersmayretaintheservicesofotherlegalcounsel.i.Compensation:NomemberoftheAbatementCouncilshallbecompensatedfortheirworkrelatedtotheAbatementCouncil.D.StateShareInaccordancewithSections(B)(l)and(B)(2)(a),andthetermsofanySettlement,theStateShareshallbepaiddirectlytotheStateinaccordancewiththetermsofthisSection(D).2.TheStatemaintainsfulldiscretionoverdistributionoftheStateShareanywherewithintheStateofColorado,however,theStateShareshallbeusedforApprovedPurposesonly.TheStatewillworktoreduceadministrativecostsasmuchaspracticable.3.Onanannualbasis,asdeterniinedbytheAbatementCouncil,theStateshallprovideallexpendituredata,includingadministrativecosts,fromtheStateSharetotheAbatementCouncilforpurposesofmaintainingtransparencyinaccordancewithSection(C)(4)(c)(i).TheAbatementCouncilmayrequiretheStatetoprovideadditionaloutcome-relateddatainaccordancewithSection(C)(4)(c)(ii)andtheStateshallcomplywithsuchrequirements.4.IftheStatedisputestheamountofOpioidFundsitreceivesfromtheStateShare,theStateshallalerttheAbatementCouncilwithinsixty(60)daysofdiscoveringtheinformationunderlyingthedispute.FailuretoalerttheAbatementCouncilwithinthistimeframeshallnotconstituteawaiveroftheState’srighttoseekrecoupmentofanydeficiencyinitsStateShare.E.LGShareInaccordancewithSections(B)(1)and(B)(2)(b),andthetermsofanySettlement,theLGShareshallbepaiddirectlytoParticipatingLocalGovernmentsinaccordancewiththetermsofthisSection(E).7Page 211 of 402 2.AllocationstoParticipatingLocalGovernmentsfromtheLGShareshallfirstbedeterminedusingthepercentagesshowninExhibitD.3.TheLGShareforeachCountyAreashallthenbeallocatedamongthecountyandtheotherParticipatingLocalGovernmentswithinit.ExhibitEreflectsthedefaultallocationthatwillapplyunlesstheParticipatingLocalGovernmentswithinaCountyAreaenterintoawrittenagreementprovidingforadifferentallocation.TheParticipatingLocalGovernmentsmayelecttomodifytheallocationforaCountyAreainExhibitE,butsuchmodificationtotheallocationinExhibitEshallnotchangeaCountyArea’stotalallocationunderSection(E)(2).4.ALocalGovernmentthatchoosesnottobecomeaParticipatingLocalGovernmentwillnotreceiveadirectallocationfromtheLGShare.TheportionoftheLGSharethatwouldhavebeenallocatedtoaLocalGovernmentthatisnotaParticipatingLocalGovernmentwillinsteadbere-allocatedtotheRegionalSharefortheRegionwheretheLocalGovernmentislocated,inaccordancewithSection(F),below.5.IntheeventaParticipatingLocalGovernmentdissolvesorceasestoexistduringthetermofanySettlement,theallocationforthatParticipatingLocalGovernmentfromtheLGShareshallbere-allocatedasdirectedbyanySettlement,andifnotspecified,bere-allocatedtotheRegionalSharefortheRegioninwhichtheParticipatingLocalGovernmentwaslocated,inaccordancewithSection(F).IfaParticipatingLocalGovernmentmergeswithanotherParticipatingLocalGovernment,theallocationforthatParticipatingLocalGovernmentfromtheLGShareshallbere-allocatedasdirectedbyanySettlement,andifnotspecified,shallbere-allocatedtothesuccessorParticipatingLocalGovernment’sallocationoftheLGShare.IfaParticipatingLocalGovernmentmergeswithaLocalGovernmentthatisnotaParticipatingLocalGovernment,theallocationforthatParticipatingLocalGovernmentfromtheLGShareshallbere-allocatedasdirectedbyanySettlement,andifnotspecified,bere-allocatedtotheRegioninwhichthemergingParticipatingLocalGovernmentwaslocated,inaccordancewithSection(F),below.6.AParticipatingLocalGovernmentmayforegoitsallocationoftheLGShareanddirectitsallocationtotheRegionalSharefortheRegionwheretheParticipatingLocalGovernmentislocated,inaccordancewithSection(F)below,byaffirmativelynotifyingtheAbatementCouncilonanannualbasisofitsdecisiontoforegoitsallocationoftheLGShare.AParticipatingLocalGovernment’selectiontoforegoitsallocationoftheLGShareshallcarryovertothefollowingyearunlesstheParticipatingLocalGovernmentnotifiestheAbatementCouncilotherwise.IfaParticipatingLocalGovernmentelectstoforegoitsallocationoftheLGShare,theParticipatingLocalGovernmentshallbeexcusedfromthereportingrequirementsrequiredbySection(E)(8).7.ParticipatingLocalGovernmentsmaintainfulldiscretionoverthedistributionoftheirallocationoftheLGShareanywherewithintheStateofColorado,however,8Page 212 of 402 allParticipatingLocalGovernmentsshallusetheirallocationfromtheLGShareforApprovedPurposesonly.ReasonableadministrativecostsforaParticipatingLocalGovernmenttoadministeritsallocationoftheLGShareshallnotexceedactualcostsor10%oftheParticipatingLocalGovernment’sallocationoftheLGShare,whicheverisless.8.Onanannualbasis,asdeterminedbytheAbatementCouncil,allParticipatingLocalGovernmentsshallprovideallexpendituredata,includingadministrativecosts,fromtheirallocationoftheLGSharetotheAbatementCouncilforpurposesofmaintainingtransparencyinaccordancewithSection(C)(4)(c)(i).TheAbatementCouncilmayrequireParticipatingLocalGovernmentstoprovideadditionaloutcomerelateddatainaccordancewithSection(C)(4)(c)(ii)andallParticipatingLocalGovernmentsshallcomplywithsuchrequirements.9.IfanyParticipatingLocalGovernmentdisputestheamountofOpioidFundsitreceivesfromitsallocationoftheLGShare,theParticipatingLocalGovernmentshallalerttheAbatementCouncilwithinsixty(60)daysofdiscoveringtheinformationunderlyingthedispute.FailuretoalerttheAbatementCouncilwithinthistimeframeshallnotconstituteawaiveroftheParticipatingLocalGovernment’srighttoseekrecoupmentofanydeficiencyinitsLGShare.F.RegionalShareInaccordancewithSections(B)(l)and(B)(2)(c),andthetermsofanySettlement,theRegionalShareshallbepaidtotheRegionsinaccordancewiththetermsofthisSection(F).2.ParticipatingLocalGovernmentsshallorganizethemselvesintotheRegionsdepictedinExhibitC.MunicipalitieslocatedinmultipleRegionsmayjoinallorsomeoftheRegionsinwhichtheyarelocatedaccordingtoExhibitC.3.AllocationstoRegionswillbedistributedaccordingtoExhibitF.Formulti-countyRegions,eachRegion’ssharelistedinExhibitFiscalculatedbysummingtheindividualpercentageshareslistedinExhibitUforthecountieswithinthatRegion.ThepercentagesinExhibitFarebasedontheassumptionthateveryLocalGovernmentineachRegionbecomesaParticipatingLocalGovernment.4.Intheeventacity,town,orothermunicipalitythatisaParticipatingLocalGovernmentmerges,dissolves,orceasestoexistduringthetermofanySettlement,theallocationoftheRegionalShareowedtotheRegioninwhichthatParticipatingLocalGovernmentexistedshallbere-allocatedasdirectedbyanySettlement,andifnotspecified,shallnotbemodifiedfromExhibitF.IfacountythatisaParticipatingLocalGovernmentmergeswithanothercountywithinitsRegion,theallocationoftheRegionalShareowedtotheRegioninwhichthatcountyexistedshallbere-allocatedasdirectedbyanySettlement,andifnotspecified,shallnotbemodifiedfromExhibitF.IfacountythatisaParticipatingLocalGovernmentmergeswithacountyinadifferentRegionduringthetermof9Page 213 of 402 anySettlement,theallocationoftheRegionalShareowedtotheRegioninwhichthatcountyexistedshallbere-allocatedasdirectedbyanySettlement,andifnotspecified,shallbere-allocatedtotheRegioninwhichthatParticipatingLocalGovernmentmergedinaccordancewithExhibitF.5.EachRegionmustcreateitsownRegionalCouncilwhilegivingconsiderationtotheregionalgovernancemodelsillustratedinExhibitG.TheRegionalCouncilmustbeformedbytheParticipatingLocalGovernmentswithintheRegionandeachRegionalCouncilshalldesignateafiscalagentfortheRegion.Regionalfiscalagentsshallbecountyormunicipalgovernmentsonly.AllfundsfromtheRegionalShareshallbedistributedtotheRegionalCouncil’sidentifiedfiscalagentforthebenefitoftheentireRegion.a.SubjecttothisSectionF(5),eachRegionmaydraftitsownintra-regionalagreements,bylaws,orothergoverningdocumentstodeteriTlinehowtheRegionalCouncilwilloperate.However,eachvotingmemberofaRegionalCouncilshallbeanemployeeorelectedofficialofaParticipatingLocalGovernmentwithintheapplicableRegion.InthecaseofDenver,thevotingmembersofitsRegionalCouncilshallbeappointedbytheMayor.InthecaseofBroomfield,thevotingmembersofitsRegionalCouncilshallbeappointedbytheBroomfieldCityandCountyManager.b.TheRegionshallnotreceiveanyOpioidFundsfromtheRegionalShareuntiltheRegioncertifiestotheAbatementCouncilthatitsRegionalCouncilhasbeenformedandafiscalagenthasbeendesignated.SuchcertificationshallbeinasimpleformadoptedbytheRegionandmaybemadeviaemail,solongasitincludesthenamesandaffiliationsoftheRegionalCouncil’smembersandthedesignatedfiscalagent.c.IfaRegiondoesnotformandcertifyitsRegionalCouncilanddesignateitsfiscalagentwithinone-hundredandeighty(180)daysoftheEffectiveDate,theAbatementCouncilshallappointmemberstotheRegion’sRegionalCouncil.RegionalCouncilmembersappointedbytheAbatementCouncilshallserveuntiltheRegioncertifiestheformationofitsRegionalCounciltotheAbatementCouncil.d.ARegionshallsubmitarenewedcertificationrequiredbySection(F)(5)(b),above,whenitsmembershipchanges.e.IfamembershipvacancyexistsonaRegionalCouncilformorethanninety(90)daysandtheRegionalCouncilisunabletofillthevacancybyitsregularproceduresduringthattime,theAbatementCouncilshallappointareplacementmembertoserveuntiltheRegionfillsthevacancy.10Page 214 of 402 6.ALocalGovernmentthatchoosesnottobecomeaParticipatingLocalGovernmentshallnotreceiveanyOpioidFundsfromtheRegionalShareorparticipateintheRegionalCouncilsdescribedinSection(F)(5)above.7.EachRegionalCouncilshallmakerequeststotheAbatementCouncilforOpioidFundsfromtheirallocationoftheRegionalShare.EachRegionalCouncil’srequestforOpioidFundsfromtheRegionalShareshallbeaccompaniedbya2-yearplanidentifyingtheApprovedPurposesforwhichtherequestedfundswillbeusedbytheRegionanywherewithintheStateofColorado.ARegionalCouncil’s2-yearplanmaybeamendedsolongassuchamendmentscomplywiththetermsofthisMOUandanySettlement.AnyRegionalCouncilmayseekassistancefromtheAbatementCouncilforpurposesofdevelopingits2-yearplan.8.ReasonableadministrativecostsforaRegionalCounciltoadministeritsRegion’sallocationoftheRegionalShareshallnotexceedactualcostsor10%oftheRegion’sallocationoftheRegionalShare,whicheverisless.9.TheAbatementCouncilshallreleasefundsrequestedbyaRegionalCouncilinaccordancewithSection(B)(l)iftheRegionalCouncil’s2-yearplancomplieswiththeApprovedPurposes,thetermsofthisMOU,andthetermsofanySettlement.TheAbatementCouncilshallnotdenyanyfundingrequestfromaRegionalCouncilonthebasisthattheAbatementCouncildoesnotapproveoragreewiththeApprovedPurposesforwhichaRegionalCouncilrequestsOpioidFundsfromtheRegionalShare.NormaytheAbatementCouncilholdup,delay,ormakeunreasonablerequestsforadditionalorsupportinginformationoftheRegionalCouncilpriortoreleasingtherequestedOpioidFunds.ThepurposeofthisMOUistofacilitateOpioidFundstotheirintendedrecipientsquicklyandefficientlywithminimaladministrativeprocedure.10.Onanannualbasis,asdeterminedbytheAbatementCouncil,eachRegionalCouncil’sfiscalagentshallprovidetotheAbatementCounciltheRegionalCouncil’sexpendituredata,includingadministrativecosts,fromtheirallocationoftheRegionalShareandcertifytotheAbatementCouncilthattheRegionalCouncil’sexpenditureswereforApprovedPurposesandcompliedwithits2-yearplan.TheRegionalCouncilshallsubjectitselftoanaccountingattheAbatementCouncil’sdiscretion.a.TheAbatementCouncilshallreviewaRegionalCouncil’sexpendituredataandcertificationtoensurecompliancewiththeRegionalCouncil’s2-yearplan,theApprovedPurposes,andthetermsofthisMOUandanySettlement.b.TheAbatementCouncilshallpublishtheRegionalCouncil’sexpendituredata,includingadministrativecosts,fromtheRegionalShareinaccordancewithSection(C)(4)(c)(i).TheAbatementCouncilmayrequireRegionalCouncilstoprovideadditionaloutcomerelateddatain11Page 215 of 402 accordancewithSection(C)(4)(c)(ii)andallRegionalCouncilsshallcomplywithsuchrequirements.11.IfanyRegionalCouncildisputestheamountofOpioidFundsitreceivesfromitsallocationoftheRegionalShare,theRegionalCouncilshallalerttheAbatementCouncilwithinsixty(60)daysofdiscoveringtheinformationunderlyingthedispute.FailuretoalerttheAbatementCouncilwithinthistimeframeshallnotconstituteawaiveroftheRegionalCouncil’srighttoseekrecoupmentofanydeficiencyinitsRegionalShare.12.IftheAbatementCouncilhasreasontobelieveaRegion’sexpenditureofitsallocationoftheRegionalSharedidnotcomplywiththeRegion’s2-yearPlan,theApprovedPurposes,thetermsofthisMOUoranySettlement,asdescribedinthisSection(F),orthattheRegionotherwisemisuseditsallocationoftheRegionalShare,theAbatementCouncilmaytakeremedialactionagainsttheallegedoffendingRegion.SuchremedialactionislefttothediscretionoftheAbatementCouncilandmayincludebutnotbelimitedto,withholdingfutureOpioidsFundsowedtotheoffendingRegionorrequiringtheoffendingRegiontoreimburseimproperlyexpendedOpioidFundstotheRegionalShare.13.Withinonehundredandtwenty(120)daysoftheAbatementCouncilbeingformed,inaccordancewithSection(C)(2)(c)above,theAbatementCouncilshalldevelopandpublishdueprocessproceduresforallowingaRegiontochallengeordisputeanyremedialactiontakenbytheAbatementCouncil,includingtimelinesduringwhichtheRegionmayengageinsuchachallengeordispute.Suchdueprocessproceduresshallreflect,ataminimum,thefollowingprinciples:a.UponlearningofanyconductthatmaywarrantremedialactionagainstaRegion,theAbatementCouncilshallfirstprovidenoticetotheRegionoftheconductatissue,providetheRegionanopportunitytorespond,and,ifappropriate,curetheallegedoffendingconduct.IfafterprovidingtheRegionsuchnoticeandopportunitiestorespondandcure,theAbatementCouncilcontinuestobelieveremedialactioniswarranted,theAbatementCouncilmaytakesuchremedialaction.b.IftheAbatementCouncildecidestotakeremedialactionagainstanallegedoffendingRegion,suchactionmayonlyoccurbyatwo-thirdssupermajorityvoteoftheAbatementCouncil.Thus,anAbatementCouncilmadeupoftwelve(12)votingmembersrequiresavoteofeight(8)MemberspriortotakingremedialactionagainstanallegedoffendingRegion.c.PriortotakinganyremedialactionagainstanallegedoffendingRegion,theAbatementCouncilshallfirstprovidenoticetotheallegedoffendingRegionoftheremedialactiontobetakenandthefactsunderlyingsuchremedialaction.TheAbatementCouncilshallthenprovidethealleged12Page 216 of 402 offendingRegionanopportunitytochallengeordisputetheremedialactioninaccordancewith,ataminimum,theprinciplesbelow:i.TheallegedoffendingRegionmayrequestrevisionsormodificationstotheproposedremedialaction;ii.TheallegedoffendingRegionmaysubmitawrittenresponsetoand/orrequestahearingbeforetheAbatementCouncil,orathird—partyhearingofficer,3regardingtheallegedoffendingconductandproposedremedialaction;andiii.Aftersuchwrittenresponsesaresubmittedandreviewedand/orahearingisconducted,theallegedoffendingRegionmaysubmitanappealtotheAbatementCouncilofthedecisiontotakeremedialaction.d.RemedialactionstakenbytheAbatementCouncil,inaccordancewiththedueprocessprinciplesdetailedabove,shallbeconsideredfinalnon-appealableordersandoffendingRegionsmaynotseekjudicialrelieffromremedialactiontakenbytheAbatementCouncil,exceptasprovidedinSection(H),below.e.SubjecttoSection(H)(2),below,ifanyParty(ies)believestheAbatementCouncilviolatedthetermsofthisMOU,suchParty(ies)mayseektoenforcethetermsofthisMOU.14.IftheAbatementCouncilhasreasontobelieveaRegion’sconduct,ortheconductofanyParticipatingLocalGovernmentorindividualinthatRegion,amountstoaviolationofanycriminallaw,theAbatementCouncilshallrefersuchmatterstotheappropriateauthoritiesandmayconsidersuchconductinitsdeterminationofanyremedialactiontobetaken.15.IftheAbatementCouncilhasreasontobelievethatanindividualinvolvedinthereceiptoradministrationofOpioidFundsfromtheRegionalSharehasviolatedanyapplicableethicsrulesorcodes,theAbatementCouncilshallnotattempttoadjudicatesuchaviolation.Insuchinstances,theAbatementCouncilshalllodgeacomplaintwiththeappropriateforumforhandlingsuchethicalmatters,suchasalocalhomerulemunicipality’sethicsboard.16.CostsassociatedwiththeAbatementCouncil’sdistributionandoversightoftheRegionalShare,asdescribedaboveinthisSection(F),includingcostsassociatedwithanyremedialactionbytheAbatementCouncil,shallbepaidfromtheStatewideOnlyanallegedoffendingRegionmayrequesttheappointmentofathird-partyhearingofficertoreviewanywrittenresponsesandconductanyrequestedhearings.IfanallegedoffendingRegionmakessucharequest,theAbatementCouncilhassolediscretiontoappointthethird-partyhearingofficerandtheallegedoffendingRegionshallbearthecostofsuchreviewand/orhearingbythethird-partyhearingofficer.13Page 217 of 402 InfrastructureShare.TheAbatementCouncilshallmakeallgoodfaitheffortstolimitsuchcoststothegreatestextentpossible.G.StatewideInfrastructureShareInaccordancewithSectionsB(1)and(B)(2)(d),andthetermsofanySettlement,theStatewideInfrastructureShareshallbepaidtoanyPartyorRegionalCouncilinaccordancewiththisSection(G).2.ThepurposeoftheStatewideInfrastructureShareistopromotecapitalimprovementsandprovideoperationalassistancefordevelopingorimprovingtheinfrastructurenecessarytoabatetheopioidcrisisanywherewithintheStateofColorado.TheStatewideInfrastructureShareisintendedtosupplementOpioidFundsreceivedbyanyPartyorRegion.3.PriortodistributinganyOpioidFundsfromtheStatewideInfrastructureShare,theAbatementCouncilshallestablishandpublishpoliciesandproceduresforthedistributionandoversightoftheStatewideInfrastructureShare,includingprocessesforPartiesorRegionstoapplyforOpioidFundsfromtheStatewideInfrastructureShare.TheAbatementCouncil’spoliciesandproceduresshall,ataminimum,reflectthefollowingprinciples:a.OpioidFundsfromtheStatewideInfrastructureShareshallbeusedforApprovedPurposesonly;b.OpioidFundsfromtheStatewideInfrastructureShareshallbepaiddirectlytotheappropriatestateagencies(includingbutnotlimitedtotheColoradoDepartmentofLaw),Regionalfiscalagents,orParticipatingLocalGovernmentsonly;c.DistributionandoversightoftheStatewideInfrastructureShareshallcomplywiththetermsofthisMOUandanySettlement;d.AppropriateprocessesforremedialactionwillbetakenagainstPartiesorRegionsthatmisuseOpioidFundsfromtheStatewideInfrastructureShare.SuchprocessesshallincludeproceduresforallegedoffendingPartiesorRegionstochallengeordisputesuchremedialaction;ande.LimitationsonadministrativecoststobeexpendedbyrecipientsforadministeringOpioidFundsreceivedfromtheStatewideInfrastructureFund,nottoexceedactualcostsexpendedbytherecipientor10%oftheamountreceived,whicheverisless.4.ThedistributionandoversightpoliciesandproceduresdevelopedbytheAbatementCouncil,inaccordancewithSection(G)(3),shallbenon-appealableordersandnoPartyorRegionmayseekjudicialreliefrelatedtothedistributionandoversightoftheStatewideInfrastructureShare.14Page 218 of 402 5.Onanannualbasis,asdeterminedbytheAbatementCouncil,anyPartyorRegionalCouncilthatreceivesfundsfromtheStatewideInfrastructureShareshallprovideallexpendituredata,includingadministrativecosts,relatedtoanyOpioidFundsitreceivedfromtheStatewideInfrastructureShareandsubjectitselftoanaccountingasrequiredbytheAbatementCouncil.TheAbatementCouncilshallpublishallexpendituredatafromtheStatewideInfrastructureShareinaccordancewithSection(C)(4)(c)(i).TheAbatementCouncilmayrequirethePartiesorRegionalCouncilsthatreceivefundsfromtheStatewideInfrastructureSharetoprovideadditionaloutcomerelateddatainaccordancewithSection(C)(4)(c)(ii)andthePartiesorRegionalCouncilsshallcomplywithsuchrequirements.6.CostsassociatedwiththeAbatementCouncil’sdistributionandoversightoftheStatewideInfrastructureShare,asdescribedinthisSection(G),shallbepaidforfromtheStatewideInfrastructureShare.TheAbatementCouncilshallmakeallgoodfaitheffortstolimitsuchcoststothegreatestextentpossible.H.GeneralTermsAllPartiesandRegionalCouncilsshallmaintainallrecordsrelatedtothereceiptandexpenditureofOpioidFundsfornolessthanfive(5)yearsandshallmakesuchrecordsavailableforreviewbytheAbatementCouncil,anyotherPartyorRegionalCouncil,orthepublic.RecordsrequestedbythepublicshallbeproducedinaccordancewithColorado’sopenrecordslaws.RecordsrequestedbytheAbatementCounciloranotherPartyoraRegionalCouncilshallbeproducedwithintwenty-one(21)daysofthedatetherecordrequestwasreceived.ThisrequirementdoesnotsupplantanyPartyorRegionalCouncil’sobligationsunderColorado’sopenrecordslaws.2.IfanyParty(ies)believestheAbatementCouncilhasviolatedthetermsofthisMOU,theallegingParty(ies)mayseektoenforcethetermsofthisMOU,providedtheallegingParty(ies)firstprovidesnoticetotheAbatementCounciloftheallegedviolationandareasonableopportunitytocuretheallegedviolation.Insuchanenforcementaction,theallegingParty(ies)mayonlyseektoenforcethetermsoftheMOUagainsttheStateandtheParticipatingLocalGovernmentsfromwhichtheLocalGovernmentMembersoftheAbatementCouncilwereappointedandmayonlyseekdeclaratoryand/orinjunctivereliefIndefenseofsuchanenforcementaction,theState’sMembersoftheAbatementCouncilshallberepresentedbytheStateandtheLocalGovernmentMembersshallberepresentedbytheParticipatingLocalGovernmentsfromwhichtheLocalGovernmentMemberswereappointed.Intheeventofaconflict,theAbatementCouncilanditsMembersmayseekoutsiderepresentationtodefenditselfagainstsuchanenforcementaction.3.IfanyParty(ies)believesanotherParty(ies),notincludingtheAbatementCouncil,violatedthetermsofthisMOU,theallegingParty(ies)mayseektoenforcethetermsofthisMOUinthecourtinwhichanyapplicableSettlement(s)wasentered,providedtheallegingParty(ies)firstprovidetheallegedoffendingParty(ies)15Page 219 of 402 noticeoftheallegedviolation(s)andareasonableopportunitytocuretheallegedviolation(s).Insuchanenforcementaction,anyallegingPartyorallegedoffendingParty(ies)mayberepresentedbytheirrespectivepublicentityinaccordancewithColoradolaw.4.NothinginthisMOUshallbeinterpretedtowaivetherightofanyPartytoseekjudicialreliefforconductoccurringoutsidethescopeofthisMOUthatviolatesanyColoradolaw.Insuchanaction,theallegedoffendingParty(ies),includingtheAbatementCouncil,mayberepresentedbytheirrespectivepublicentitiesinaccordancewithColoradolaw.Intheeventofaconflict,anyParty,includingtheAbatementCouncilanditsMembers,mayseekoutsiderepresentationtodefenditselfagainstsuchanaction.5.IfanyParty(ies)believesanotherParty(ies),Region(s),orindividual(s)involvedinthereceipt,distribution,oradministrationofOpioidsFundshasviolatedanyapplicableethicscodesorrules,acomplaintshallbelodgedwiththeappropriateforumforhandlingsuchmatters,suchasalocalhomerulemunicipality’sethicsboard.6.IfanyParty(ies)believesanotherParty(ies),Region(s),orindividual(s)involvedinthereceipt,distribution,oradministrationofOpioidFundsviolatedanyColoradocriminallaw,suchconductshallbereportedtotheappropriatecriminalauthorities.7.VenueforanylegalactionrelatedtothisMOUshallbeinacourtofcompetentjurisdictionwhereanyapplicableSettlement(s)isentered.8.BecauserecoveryunderthetermsofdifferentSettlement(s)mayvarydependingonthenumberofPartiesrequiredtoeffectuateaSettlement,thePartiesmayconditionallyagreetosignontotheMOUthroughaletterofintent,resolutionorsimilarwrittenstatement,declarationorpronouncementdeclaringtheirintenttosignontotheMOUifthethresholdforPartyparticipationinaspecificSettlementisachieved.49.ThisMOUmaybeexecutedintwoormorecounterparts,eachofwhichshallbedeemedanoriginal,butallofwhichshallconstituteoneandthesameinstrument.ThePartiesapprovetheuseofelectronicsignaturesforexecutionofthisMOU.AlluseofelectronicsignaturesshallbegovernedbytheUnifonnElectronicTransactionsAct,C.R.S.§24-71.3-101,etseq.ThePartiesagreenottodenythelegaleffectorenforceabilityoftheMOUsolelybecauseitisinelectronicformorForinstance,theJuly21,2021“DistributorSettlementAgreement”includesa“SubdivisionSettlementAgreementForm”that,oncefilledoutandexecuted,ismeanttoindicatethatLocalGovernment’s(orSubdivision’s)electiontoparticipateinthatDistributorSettlementandalso,torequirethatLocalGovernmenttotakestepstoformallyreleaseanyclaimitmayhaveagainsttheSettlingDistributors.WithregardtotheDistributorSettlementAgreementoranyotherSettlementsthatincludeaformsimilartotheSubdivisionSettlementAgreementForm,thePartiesmaystillconditionallyagreetosignontotheMOUif,forinstance,thethresholdforPartyparticipationinaspecificSettlementisachieved.16Page 220 of 402 becauseanelectronicrecordwasusedinitsformation.ThePartiesagreenottoobjecttotheadmissibilityoftheMOUintheformofanelectronicrecord,orapapercopyofanelectronicdocument,orapapercopyofadocumentbearinganelectronicsignature,onthegroundthatitisanelectronicrecordorelectronicsignatureorthatitisnotinitsoriginalformorisnotanoriginal.10.EachpartyrepresentsthatallproceduresnecessarytoauthorizesuchParty’sexecutionofthisMOUhavebeenperformedandthatthepersonsigningforsuchPartyhasbeenauthorizedtoexecutetheMOU.PaymentofCounselandLitigationExpensesThroughaBack-StopFundSomeSettlements,includingtheMcKessonCorporation,CardinalHealth,Inc.,andAmerisourceBergenCorporation(“Distributor”)andJohnson&JohnsonlJanssen(“J&J”)settlements,mayprovideforthepaymentofalloraportionofthefeesandlitigationexpensesowedbyParticipatingLocalGovernmentstocounselspecificallyretainedtofilesuitintheopioidlitigation.IfanySettlementisinsufficienttocoverthefeeobligationsoftheParticipatingLocalGovernments(asdiscussedandmodifiedbyJudgePolster’sOrderofAugust6regardingfeesfortheDistributorandJ&Jsettlements),thedeficiencieswillbecoveredassetforthinfurtherdetailbelow.2.ThePartiesalsorecognizethat,asintheDistributorandJ&Jsettlements,certainOpioidSettlingDefendantsmayofferpremiumsbenefitingtheentirestateofColoradowhenParticipatingLocalGovernmentsagreetotheSettlement(s),therebysettlingtheirclaimsintheiron-goinglawsuits.Forexample,belowisthechartillustratinghowIncentivePaymentB(a25%premiumtotheentirestate)worksintheDistributorSettlementatSectionIV.F.2.b(p.20):PercentageofLitigatingSubdivisionPopulationthatisIncentiveBEligibleSubdivisionIncentivel’aynientBPopulation”EligibilityPercentageLipto5%0%5°’—.30%6+40%91+50%95+60%99%—95%l00’l00’3.IfthecourtinInRe:NationalPrescriptionOpiateLitigation,MDLNo.2804(N.D.Ohio),orifaSettlementestablishesacommonbenefitfundorsimilardevicetocompensateattorneysforservicesrenderedandexpensesincurredthathavebenefitedplaintiffsgenerallyinthelitigation(the“CommonBenefitFund”),17Page 221 of 402 and/orrequirescertaingovernmentalplaintiffstopayashareoftheirrecoveriesfromdefendantsintotheCommonBenefitFund(“Court-OrderedCommonBenefitFundAssessment”),thentheParticipatingLocalGovernmentsshallberequiredtofirstseektohavetheirattorneys’feesandexpensespaidthroughtheCommonBenefitFund.4.FortheDistributorandJ&Jsettlementsonly,counselforParticipatingLocalGovernmentsshallhavetheirexpensesotherwiserecoverablefromColoradoParticipatingLocalGovernmentscompensatedonlythroughtheCommonBenefitFund(s)establishedinthosesettlement(s).Fortheavoidanceofdoubt,counselforParticipatingLocalGovernmentsmayrecovertheirattorneys’feesthroughtheDistributorandJ&JsettlementsandthroughtheotherapplicableprovisionsofthisSection(I).5.Inaddition,asameansofcoveringanydeficienciesinpayingcounselforParticipatingLocalGovernments,asupplementalColoradoAttorneyFeeBackStopFundshallbeestablished.TheColoradoAttorneyFeeBack-StopFundistobeusedtocompensatecounselforParticipatingLocalGovernmentsthatfiledaninitialcomplaintintheopioidlitigationbySeptember1,2020(“LitigatingParticipatingLocalGovernments”).6.PaymentsoutoftheColoradoAttorneyFeeBack-StopFundshallbedeterminedbyacommittee(the“OpioidFeeandExpenseCommittee”).TheOpioidFeeandExpenseCommitteeshallconsistofthefollowingfive(5)members:a.One(1)memberappointedbyCCIfromalitigatingcountyorfromalitigatingcountyandcitymunicipalcorporation;b.One(1)memberappointedbyCMLfromalitigatingcity;c.One(1)memberappointedjointlybyCCIandCMLfromanon-litigatingcountyorcity;d.One(1)memberappointedbytheAttorneyGeneral’sOffice;ande.One(1)neutralmemberjointlyappointedbyalloftheothermemberslistedabove.7.TheColoradoAttorneyFeeBack-StopFundshallbefundedasfollowsfromanySettlement,excludingsettlementsinvolvingMcKinseyandpaymentsresultingfromthePurdueorMallinckrodtbankruptcy.ForpurposesonlyofcalculatingthefundingoftheColoradoAttorneyFeeBack-StopFund,thePartiesdeem58%ofthetotalLGShareandRegionalSharetobeattributabletotheLitigatingLocalGovernments.TheColoradoAttorneyFeeBack-StopFundshallbefundedby8.7%ofthetotalLGShareand4.35%ofthetotalRegionalShareatthetimesuchfundsareactuallyreceived.NofundsdepositedintotheColoradoAttorneyFeeBack-StopFundwillbetakenfromtheStatewideInfrastructureShareorStateShare.18Page 222 of 402 8.CounselforLitigatingParticipatingLocalGovernmentsmayapplytotheColoradoAttorneyFeeBack-StopFundonlyafterapplyingtotheCommonBenefitFund.9.CounselforLitigatingParticipatingLocalGovernmentsmayapplytotheColoradoAttorneyFeeBack-StopFundforonlyashortfallthatis,thedifferencebetweenwhattheirfeeagreementswouldentitlethemto(aslimitedbythisSection(I))minuswhattheyhavealreadycollectedfromtheCommonBenefitFund(includingboththe“commonbenefit”and“contingencyfee”calculations,ifany).Iftheyreceivefees/costsforcommonbenefitworkinthenationalfeefund,thesefees/costswillbeallocatedproportionatelyacrossalltheirlocalgovernmentopioidclientsbasedontheallocationmodelusedintheNegotiationClasswebsitetoallocatetheappropriateportiontoColoradoclients.10.CounselforLitigatingParticipatingLocalGovernmentsarelimitedtobeingpaid,atmost,andassumingadequatefundsareavailableinanyCommonBenefitFundandColoradoAttorneyFeeBack-StopFund,feesinanamountequalto15%oftheLGShareand7.5%oftheRegionalShareattributabletotheirColoradoclients.11.AnyfundsremainingintheColoradoAttorneyFeeBack-StopFundinexcessoftheamountsneededtocoverthefeesandlitigationexpensesowedbyLitigatingParticipatingLocalGovernmentstotheirrespectivecounselshallreverttotheParticipatingLocalGovernmentsaccordingtotheallocationsdescribedinSections(E)and(F).Everytwoyears,theOpioidFeeandExpenseCommitteeshallassesstheamountremainingintheColoradoAttorneyFeeBack-StopFundtodetermineifitisoverfunded.12.Despitethefactthatalitigatingentitybonusbenefitstheentirestate,noportionoftheStateShareshallbeusedtofundtheColoradoAttorneyFeeBack-StopFundorinanyotherwaytofundanyParticipatingLocalGovernment’sattorneys’feesandexpenses.Becausethestatedidnothireoutsidecounsel,anyfundsforattorneysfeesthatthestatereceivesfromtheJ&JandDistributorsettlementwillbedepositedintotheStateShare.13.ToparticipateintheColoradoAttorneyFeeBack-StopFund,counselmustfollowtherequirementsofC.R.S.§13-17-304.19Page 223 of 402 ThisColoradoOpioidsSettlementMemorandumofUnderstandingissignedthisdayof,O2.Lby:ColoradorneyGeneralPhilipJ.Weiser20Page 224 of 402 21 This Colorado Opioids Settlement Memorandum of Understanding is signed this ___ day of _____________, _____ by: ______________________________________________ Name & Title___________________________________ On behalf of ___________________________________ Page 225 of 402 Exhibit A Page 226 of 402 POTENTIAL OPIOID ABATEMENT APPROVED PURPOSES I. TREATMENT A. TREATMENT OF OPIOID USE DISORDER AND ITS EFFECTS 1. Expand availability of treatment, including Medication-Assisted Treatment (MAT), for Opioid Use Disorder (OUD) and any co-occurring substance use or mental health issues. 2. Supportive housing, all forms of FDA-approved MAT, counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it. 3. Treatment of mental health trauma issues that resulted from the traumatic experiences of the opioid user (e.g., violence, sexual assault, human trafficking) and for family members (e.g., surviving family members after an overdose or overdose fatality). 4. Expand telehealth to increase access to OUD treatment, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 5. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 6. Scholarships for certified addiction counselors. 7. Clinicians to obtain training and a waiver under the federal Drug Addiction Treatment Act to prescribe MAT for OUD. 8. Training for health care providers, students, and other supporting professionals, such as peer recovery coaches/recovery outreach specialists, including but not limited to training relating to MAT and harm reduction. 9. Dissemination of accredited web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service-Opioids web-based training curriculum and motivational interviewing. 10. Development and dissemination of new accredited curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service Medication-Assisted Treatment. 11. Development of a multistate/nationally accessible database whereby health care providers can list currently available in-patient and out-patient OUD treatment services that are accessible on a real-time basis. EXHIBIT A Page 227 of 402 12. Support and reimburse services that include the full American Society of Addiction Medicine (ASAM) continuum of care for OUD. 13. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence- informed practices such as adequate methadone dosing. B. INTERVENTION 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer, if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorder. 3. Training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on the late adolescence and young adulthood when transition from misuse to opioid disorder is most common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Training for emergency room personnel treating opioid overdose patients on post- discharge planning, including community referrals for MAT, recovery case management and/or support services. 6. Support work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 7. Create school-based contacts whom parents can engage to seek immediate treatment services for their child. 8. Develop best practices on addressing OUD in the workplace. 9. Support assistance programs for health care providers with OUD. 10. Engage non-profits and faith community as a system to support outreach for treatment. C. CRIMINAL-JUSTICE-INVOLVED PERSONS 1. Address the needs of persons involved in the criminal justice system who have OUD and any co-occurring substance use disorders or mental health (SUD/MH) issues. EXHIBIT A Page 228 of 402 2. Support pre-arrest diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH issues, including established strategies such as: a. Self-referral strategies such as Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. “Naloxone Plus” strategies, which work to ensure that individuals who have received Naloxone to reverse the effects of an overdose are then linked to treatment programs; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; or e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network. 3. Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH issues to evidence-informed treatment, including MAT, and related services. 4. Support treatment and recovery courts for persons with OUD and any co- occurring SUD/MH issues, but only if they provide referrals to evidence-informed treatment, including MAT. 5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH issues who are incarcerated, on probation, or on parole. 6. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate re-entry services to individuals with OUD and any co-occurring SUD/MH issues who are leaving jail or prison or who have recently left jail or prison. 7. Support critical time interventions (CTI), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. D. WOMEN WHO ARE OR MAY BECOME PREGNANT 1. Evidence-informed treatment, including MAT, recovery, and prevention services for pregnant women or women who could become pregnant and have OUD. 2. Training for obstetricians and other healthcare personnel that work with pregnant women and their families regarding OUD treatment. EXHIBIT A Page 229 of 402 3. Other measures to address Neonatal Abstinence Syndrome, including prevention, care for addiction and education programs. 4. Child and family supports for parenting women with OUD. 5. Enhanced family supports and child care services for parents receiving treatment for OUD. E. PEOPLE IN TREATMENT AND RECOVERY 1. The full continuum of care of recovery services for OUD and any co-occurring substance use or mental health issues, including supportive housing, residential treatment, medical detox services, peer support services and counseling, community navigators, case management, and connections to community-based services. 2. Identifying successful recovery programs such as physician, pilot, and college recovery programs, and providing support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 3. Training and development of procedures for government staff to appropriately interact and provide social and other services to current and recovering opioid users, including reducing stigma. 4. Community-wide stigma reduction regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 5. Engaging non-profits and faith community as a system to support family members in their efforts to help the opioid user in the family. II. PREVENTION F. PRESCRIBING PRACTICES 1. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 2. Academic counter-detailing. 3. Continuing Medical Education (CME) on prescribing of opioids. 4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Fund development of a multistate/national prescription drug monitoring program (PDMP) that permits information sharing while providing appropriate safeguards on sharing of private information, including but not limited to: EXHIBIT A Page 230 of 402 a. Integration of PDMP data with electronic health records, overdose episodes, and decision support tools for health care providers relating to OUD. b. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database. 6. Educating dispensers on appropriate opioid dispensing. G. MISUSE OF OPIOIDS 1. Corrective advertising/affirmative public education campaigns. 2. Public education relating to drug disposal. 3. Drug take-back disposal or destruction programs. 4. Fund community anti-drug coalitions that engage in drug-abuse prevention efforts. 5. School-based programs that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 6. Support community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction – including staffing, educational campaigns, or training of coalitions in evidence-informed implementation. 7. School and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others. 8. Engaging non-profits and faith community as a system to support prevention. H. OVERDOSE DEATHS AND OTHER HARMS 1. Increasing availability and distribution of naloxone and other drugs that treat overdoses to first responders, overdose patients, opioid users, families and friends of opioid users, schools, community navigators and outreach workers, drug offenders upon release from jail/prison, and other members of the general public. 2. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, and other members of the general public. EXHIBIT A Page 231 of 402 3. Developing data tracking software and applications for overdoses/naloxone revivals. 4. Public education relating to emergency responses to overdoses. 5. Free naloxone for anyone in the community. 6. Public education relating to immunity and Good Samaritan laws. 7. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 8. Syringe service programs, including supplies, staffing, space, peer support services, and the full range of harm reduction and treatment services provided by these programs. 9. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. III. ADDITIONAL AREAS I. SERVICES FOR CHILDREN 1. Support for children’s services: Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. J. FIRST RESPONDERS 1. Law enforcement expenditures relating to the opioid epidemic. 2. Educating first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 3. Increase electronic prescribing to prevent diversion and forgery. K. COMMUNITY LEADERSHIP 1. Regional planning to identify goals for opioid reduction and support efforts or to identify areas and populations with the greatest needs for treatment intervention services. 2. Government dashboard to track key opioid-related indicators and supports as identified through collaborative community processes. EXHIBIT A Page 232 of 402 L. STAFFING AND TRAINING 1. Funding for programs and services regarding staff training and networking to improve staff capability to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-systems coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD (e.g., health care, primary care, pharmacies, PDMPs, etc.). M. RESEARCH 1. Funding opioid abatement research. 2. Research improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to OUD. 3. Support research for novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 4. Support for innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 5. Expanded research for swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 6. Research expanded modalities such as prescription methadone that can expand access to MAT. N. OTHER 1. Administrative costs for any of the approved purposes on this list. 4828-8658-5793, v. 8 EXHIBIT A Page 233 of 402 Exhibit B Page 234 of 402 Colorado Local Governments* Government Name County Gov't Type Multi- County Adams County Adams County Arvada Adams City 2 counties Aurora Adams City 3 counties Bennett Adams City 2 counties Brighton Adams City 2 counties Commerce City Adams City Federal Heights Adams City Lochbuie Adams City 2 counties Northglenn Adams City 2 counties Thornton Adams City 2 counties Westminster Adams City 2 counties Alamosa County Alamosa County Alamosa Alamosa City Hooper Alamosa City Arapahoe County Arapahoe County Aurora Arapahoe City 3 counties Bennett Arapahoe City 2 counties Bow Mar Arapahoe City 2 counties Centennial Arapahoe City Cherry Hills Village Arapahoe City Columbine Valley Arapahoe City Deer Trail Arapahoe City Englewood Arapahoe City Foxfield Arapahoe City Glendale Arapahoe City Greenwood Village Arapahoe City Littleton Arapahoe City 3 counties Sheridan Arapahoe City Archuleta County Archuleta County Pagosa Springs Archuleta City Baca County Baca County Campo Baca City Pritchett Baca City Springfield Baca City Two Buttes Baca City Vilas Baca City Walsh Baca City Bent County Bent County Las Animas Bent City Boulder County Boulder County Boulder Boulder City Erie Boulder City 2 counties Jamestown Boulder City Lafayette Boulder City 1 EXHIBIT B Page 235 of 402 Colorado Local Governments* Government Name County Gov't Type Multi- County Longmont Boulder City 2 counties Louisville Boulder City Lyons Boulder City Nederland Boulder City Superior Boulder City 2 counties Ward Boulder City Broomfield Broomfield City/County Chaffee County Chaffee County Buena Vista Chaffee City Poncha Springs Chaffee City Salida Chaffee City Cheyenne County Cheyenne County Cheyenne Wells Cheyenne City Kit Carson Cheyenne City Clear Creek County Clear Creek County Central City Clear Creek City 2 counties Empire Clear Creek City Georgetown Clear Creek City Idaho Springs Clear Creek City Silver Plume Clear Creek City Conejos County Conejos County Antonito Conejos City La Jara Conejos City Manassa Conejos City Romeo Conejos City Sanford Conejos City Costilla County Costilla County Blanca Costilla City San Luis Costilla City Crowley County Crowley County Crowley Crowley City Olney Springs Crowley City Ordway Crowley City Sugar City Crowley City Custer County Custer County Silver Cliff Custer City Westcliffe Custer City Delta County Delta County Cedaredge Delta City Crawford Delta City Delta Delta City Hotchkiss Delta City Orchard City Delta City Paonia Delta City 2 EXHIBIT B Page 236 of 402 Colorado Local Governments* Government Name County Gov't Type Multi- County Denver Denver City/County Dolores County Dolores County Dove Creek Dolores City Rico Dolores City Douglas County Douglas County Aurora Douglas City 3 counties Castle Pines Douglas City Castle Rock Douglas City Larkspur Douglas City Littleton Douglas City 3 counties Lone Tree Douglas City Parker Douglas City Eagle County Eagle County Avon Eagle City Basalt Eagle City 2 counties Eagle Eagle City Gypsum Eagle City Minturn Eagle City Red Cliff Eagle City Vail Eagle City El Paso County El Paso County Calhan El Paso City Colorado Springs El Paso City Fountain El Paso City Green Mountain Falls El Paso City 2 counties Manitou Springs El Paso City Monument El Paso City Palmer Lake El Paso City Ramah El Paso City Elbert County Elbert County Elizabeth Elbert City Kiowa Elbert City Simla Elbert City Fremont County Fremont County Brookside Fremont City Cañon City Fremont City Coal Creek Fremont City Florence Fremont City Rockvale Fremont City Williamsburg Fremont City Garfield County Garfield County Carbondale Garfield City Glenwood Springs Garfield City New Castle Garfield City 3 EXHIBIT B Page 237 of 402 Colorado Local Governments* Government Name County Gov't Type Multi- County Parachute Garfield City Rifle Garfield City Silt Garfield City Gilpin County Gilpin County Black Hawk Gilpin City Central City Gilpin City 2 counties Grand County Grand County Fraser Grand City Granby Grand City Grand Lake Grand City Hot Sulphur Springs Grand City Kremmling Grand City Winter Park Grand City Gunnison County Gunnison County Crested Butte Gunnison City Gunnison Gunnison City Marble Gunnison City Mount Crested Butte Gunnison City Pitkin Gunnison City Hinsdale County Hinsdale County Lake City Hinsdale City Huerfano County Huerfano County La Veta Huerfano City Walsenburg Huerfano City Jackson County Jackson County Walden Jackson City Jefferson County Jefferson County Arvada Jefferson City 2 counties Bow Mar Jefferson City 2 counties Edgewater Jefferson City Golden Jefferson City Lakeside Jefferson City Lakewood Jefferson City Littleton Jefferson City 3 counties Morrison Jefferson City Mountain View Jefferson City Superior Jefferson City 2 counties Westminster Jefferson City 2 counties Wheat Ridge Jefferson City Kiowa County Kiowa County Eads Kiowa City Haswell Kiowa City Sheridan Lake Kiowa City Kit Carson County Kit Carson County 4 EXHIBIT B Page 238 of 402 Colorado Local Governments* Government Name County Gov't Type Multi- County Bethune Kit Carson City Burlington Kit Carson City Flagler Kit Carson City Seibert Kit Carson City Stratton Kit Carson City Vona Kit Carson City La Plata County La Plata County Bayfield La Plata City Durango La Plata City Ignacio La Plata City Lake County Lake County Leadville Lake City Larimer County Larimer County Berthoud Larimer City 2 counties Estes Park Larimer City Fort Collins Larimer City Johnstown Larimer City 2 counties Loveland Larimer City Timnath Larimer City 2 counties Wellington Larimer City Windsor Larimer City 2 counties Las Animas County Las Animas County Aguilar Las Animas City Branson Las Animas City Cokedale Las Animas City Kim Las Animas City Starkville Las Animas City Trinidad Las Animas City Lincoln County Lincoln County Arriba Lincoln City Genoa Lincoln City Hugo Lincoln City Limon Lincoln City Logan County Logan County Crook Logan City Fleming Logan City Iliff Logan City Merino Logan City Peetz Logan City Sterling Logan City Mesa County Mesa County Collbran Mesa City De Beque Mesa City Fruita Mesa City 5 EXHIBIT B Page 239 of 402 Colorado Local Governments* Government Name County Gov't Type Multi- County Grand Junction Mesa City Palisade Mesa City Mineral County Mineral County City of Creede Mineral City Moffat County Moffat County Craig Moffat City Dinosaur Moffat City Montezuma County Montezuma County Cortez Montezuma City Dolores Montezuma City Mancos Montezuma City Montrose County Montrose County Montrose Montrose City Naturita Montrose City Nucla Montrose City Olathe Montrose City Morgan County Morgan County Brush Morgan City Fort Morgan Morgan City Hillrose Morgan City Log Lane Village Morgan City Wiggins Morgan City Otero County Otero County Cheraw Otero City Fowler Otero City La Junta Otero City Manzanola Otero City Rocky Ford Otero City Swink Otero City Ouray County Ouray County Ouray Ouray City Ridgway Ouray City Park County Park County Alma Park City Fairplay Park City Phillips County Phillips County Haxtun Phillips City Holyoke Phillips City Paoli Phillips City Pitkin County Pitkin County Aspen Pitkin City Basalt Pitkin City 2 counties Snowmass Village Pitkin City Prowers County Prowers County 6 EXHIBIT B Page 240 of 402 Colorado Local Governments* Government Name County Gov't Type Multi- County Granada Prowers City Hartman Prowers City Holly Prowers City Lamar Prowers City Wiley Prowers City Pueblo County Pueblo County Boone Pueblo City Pueblo Pueblo City Rye Pueblo City Rio Blanco County Rio Blanco County Meeker Rio Blanco City Rangely Rio Blanco City Rio Grande County Rio Grande County Center Rio Grande City 2 counties Del Norte Rio Grande City Monte Vista Rio Grande City South Fork Rio Grande City Routt County Routt County Hayden Routt City Oak Creek Routt City Steamboat Springs Routt City Yampa Routt City Saguache County Saguache County Bonanza Saguache City Center Saguache City 2 counties Crestone Saguache City Moffat Saguache City Saguache Saguache City San Juan County San Juan County Silverton San Juan City San Miguel County San Miguel County Mountain Village San Miguel City Norwood San Miguel City Ophir San Miguel City Sawpit San Miguel City Telluride San Miguel City Sedgwick County Sedgwick County Julesburg Sedgwick City Ovid Sedgwick City Sedgwick Sedgwick City Summit County Summit County Blue River Summit City Breckenridge Summit City Dillon Summit City 7 EXHIBIT B Page 241 of 402 Colorado Local Governments* Government Name County Gov't Type Multi- County Frisco Summit City Montezuma Summit City Silverthorne Summit City Teller County Teller County Cripple Creek Teller City Green Mountain Falls Teller City 2 counties Victor Teller City Woodland Park Teller City Washington County Washington County Akron Washington City Otis Washington City Weld County Weld County Ault Weld City Berthoud Weld City 2 counties Brighton Weld City 2 counties Dacono Weld City Eaton Weld City Erie Weld City 2 counties Evans Weld City Firestone Weld City Fort Lupton Weld City Frederick Weld City Garden City Weld City Gilcrest Weld City Greeley Weld City Grover Weld City Hudson Weld City Johnstown Weld City 2 counties Keenesburg Weld City Kersey Weld City La Salle Weld City Lochbuie Weld City 2 counties Longmont Weld City 2 counties Mead Weld City Milliken Weld City Northglenn Weld City 2 counties Nunn Weld City Pierce Weld City Platteville Weld City Raymer (New Raymer)Weld City Severance Weld City Thornton Weld City 2 counties Timnath Weld City 2 counties Windsor Weld City 2 counties 8 EXHIBIT B Page 242 of 402 Colorado Local Governments* Government Name County Gov't Type Multi- County Yuma County Yuma County Eckley Yuma City Wray Yuma City Yuma Yuma City *This list includes all 64 Colorado counties and all 271 municipalities listed in the 2019 Census. Cities located in multiple counties are listed under each corresponding county subheading. City and County of Denver and City and County of Broomfield are counted in both the city and county totals. The City of Carbonate is not included in this list, as there was no population in the 2019 Census data. 9 This list will be reconciled as necessary to be consistent with the terms of Settlement(s) with Opioid Settling Defendant(s) EXHIBIT B Page 243 of 402 Exhibit C Page 244 of 402 EXHIBIT CPage 245 of 402 Exhibit D Page 246 of 402 Exhibit D - Allocations to Colorado County Areas County Percentage of LG Share Adams 9.4247% Alamosa 0.5081% Arapahoe 10.8071% Archuleta 0.1370% Baca 0.0592% Bent 0.1133% Boulder 5.7936% Broomfield 1.0014% Chaffee 0.3604% Cheyenne 0.0159% Clear Creek 0.1380% Conejos 0.2108% Costilla 0.0552% Crowley 0.0934% Custer 0.0412% Delta 0.5440% Denver 15.0042% Dolores 0.0352% Douglas 3.6696% Eagle 0.6187% El Paso 11.9897% Elbert 0.2804% Fremont 0.9937% Garfield 0.8376% Gilpin 0.0561% Grand 0.2037% Gunnison 0.1913% Hinsdale 0.0112% Huerfano 0.2505% Jackson 0.0310% Jefferson 10.5173% Kiowa 0.0142% Kit Carson 0.0940% La Plata 0.8127% Lake 0.0990% Larimer 6.5211% Las Animas 0.6304% Lincoln 0.0819% Logan 0.3815% Mesa 2.8911% Mineral 0.0039% Moffat 0.2326% Montezuma 0.4429% Page 1 EXHIBIT D Page 247 of 402 Montrose 0.5695% Morgan 0.4677% Otero 0.4486% Ouray 0.0535% Park 0.1674% Phillips 0.0714% Pitkin 0.1747% Prowers 0.1727% Pueblo 5.6757% Rio Blanco 0.1013% Rio Grande 0.2526% Routt 0.3837% Saguache 0.0666% San Juan 0.0097% San Miguel 0.1005% Sedgwick 0.0618% Summit 0.3761% Teller 0.6219% Washington 0.0357% Weld 3.8908% Yuma 0.0992% TOTAL 100.0000% Page 2 EXHIBIT D Page 248 of 402 Exhibit E Page 249 of 402 Government Name Intracounty Share Adams County 68.3372% Arvada (2 Counties)0.2632% Aurora (3 Counties)4.6336% Bennett (2 Counties)0.1670% Brighton (2 Counties)1.4527% Commerce City 4.7314% Federal Heights 1.1457% Lochbuie (2 Counties)0.0001% Northglenn (2 Counties)2.0913% Thornton (2 Counties)10.6435% Westminster (2 Counties)6.5342% Alamosa County 85.3075% Alamosa 14.6818% Hooper 0.0108% Arapahoe County 42.7003% Aurora (3 Counties)35.5997% Bennett (2 Counties)0.0324% Bow Mar (2 Counties)0.0159% Centennial 0.4411% Cherry Hills Village 0.6685% Columbine Valley 0.1601% Deer Trail 0.0003% Englewood 5.5850% Foxfield 0.0372% Glendale 1.2289% Greenwood Village 2.8305% Littleton (3 Counties)8.5654% Sheridan 2.1347% Archuleta County 90.0864% Pagosa Springs 9.9136% Baca County 85.9800% Campo 2.4443% Pritchett 1.5680% Springfield 7.0100% Exhibit E - Intracounty Allocations1,2 The below chart depicts the default percentage that each Local Government will receive from the LG Share amount attributed to its County Area, as described in Section (E)(3) of the MOU. The chart assumes full participation by all Local Governments Page 1 EXHIBIT E Page 250 of 402 Government Name Intracounty Share Two Buttes 0.4766% Vilas 0.9070% Walsh 1.6141% Bent County 80.9608% Las Animas 19.0392% Boulder County 47.6311% Boulder 31.7629% Erie (2 Counties)0.3634% Jamestown 0.0086% Lafayette 3.3203% Longmont (2 Counties)14.6833% Louisville 1.4455% Lyons 0.5916% Nederland 0.1646% Superior (2 Counties)0.0258% Ward 0.0030% Broomfield County/City 100.0000% Chaffee County 74.8440% Buena Vista 5.8841% Poncha Springs 4.2369% Salida 15.0350% Cheyenne County 66.8002% Cheyenne Wells 0.8586% Kit Carson 32.3412% Clear Creek County 92.2164% Central City (2 Counties)0.0000% Empire 0.3364% Georgetown 1.9063% Idaho Springs 4.7625% Silver Plume 0.7784% Conejos County 77.1204% Antonito 4.6338% La Jara 2.4313% Manassa 1.0062% Romeo 2.4270% Sanford 12.3812% Page 2 EXHIBIT E Page 251 of 402 Government Name Intracounty Share Costilla County 97.3454% Blanca 1.2036% San Luis 1.4509% Crowley County 80.7081% Crowley 4.3597% Olney Springs 8.3683% Ordway 0.1853% Sugar City 6.3786% Custer County 96.6858% Silver Cliff 0.7954% Westcliffe 2.5188% Delta County 76.3512% Cedaredge 3.6221% Crawford 0.4938% Delta 16.2658% Hotchkiss 1.0963% Orchard City 0.1473% Paonia 2.0236% Denver County/City 100.0000% Dolores County 76.3307% Dove Creek 17.3127% Rico 6.3566% Douglas County 71.8404% Aurora (3 Counties)0.2099% Castle Pines 0.2007% Castle Rock 13.5204% Larkspur 0.0856% Littleton (3 Counties)0.0156% Lone Tree 5.2786% Parker 8.8487% Eagle County 60.8236% Avon 7.6631% Basalt (2 Counties)2.2311% Eagle 3.1376% Gypsum 1.7469% Minturn 0.7771% Page 3 EXHIBIT E Page 252 of 402 Government Name Intracounty Share Red Cliff 0.0957% Vail 23.5250% El Paso County 18.4181% Calhan 0.0228% Colorado Springs 80.1161% Fountain 0.9892% Green Mountain Falls (2 Counties)0.0149% Manitou Springs 0.2411% Monument 0.1492% Palmer Lake 0.0455% Ramah 0.0033% Elbert County 86.5840% Elizabeth 10.2633% Kiowa 1.5455% Simla 1.6072% Fremont County 60.7882% Brookside 0.0348% Cañon City 30.9017% Coal Creek 0.0476% Florence 8.0681% Rockvale 0.0687% Williamsburg 0.0907% Garfield County 76.3371% Carbondale 2.4698% Glenwood Springs 11.8141% New Castle 1.4295% Parachute 1.0653% Rifle 5.2733% Silt 1.6110% Gilpin County 46.8613% Black Hawk 46.3909% Central City (2 Counties)6.7478% Grand County 80.1046% Fraser 2.4903% Granby 5.4008% Grand Lake 0.3174% Hot Sulphur Springs 0.1431% Kremmling 2.9284% Page 4 EXHIBIT E Page 253 of 402 Government Name Intracounty Share Winter Park 8.6154% Gunnison County 88.9185% Crested Butte 2.3562% Gunnison 5.9501% Marble 0.1714% Mount Crested Butte 2.5657% Pitkin 0.0381% Hinsdale County 76.0940% Lake City 23.9060% Huerfano County 68.2709% La Veta 11.0719% Walsenburg 20.6572% Jackson County 61.5339% Walden 38.4661% Jefferson County 58.2140% Arvada (2 Counties)11.9733% Bow Mar (2 Counties)0.0087% Edgewater 0.6604% Golden 3.4815% Lakeside 0.0030% Lakewood 15.9399% Littleton (3 Counties)0.6176% Morrison 0.2205% Mountain View 0.1344% Superior (2 Counties)0.0000% Westminster (2 Counties)5.4779% Wheat Ridge 3.2689% Kiowa County 93.2138% Eads 5.3777% Haswell 0.6402% Sheridan Lake 0.7682% Kit Carson County 86.3178% Bethune 0.1841% Burlington 12.0640% Flagler 0.4264% Seibert 0.0291% Stratton 0.9012% Page 5 EXHIBIT E Page 254 of 402 Government Name Intracounty Share Vona 0.0775% La Plata County 66.8874% Bayfield 1.6292% Durango 29.2985% Ignacio 2.1849% Lake County 73.4523% Leadville 26.5477% Larimer County 56.0589% Berthoud (2 Counties)0.4139% Estes Park 0.3502% Fort Collins 18.5702% Johnstown (2 Counties)0.0711% Loveland 23.4493% Timnath (2 Counties)0.2964% Wellington 0.3653% Windsor (2 Counties)0.4248% Las Animas County 77.8076% Aguilar 0.0751% Branson 0.0101% Cokedale 0.0188% Kim 0.0101% Starkville 0.0087% Trinidad 22.0696% Lincoln County 91.3222% Arriba 0.3444% Genoa 0.2222% Hugo 1.4778% Limon 6.6333% Logan County 72.7982% Crook 0.0931% Fleming 0.3413% Iliff 0.0095% Merino 0.4702% Peetz 0.2029% Sterling 26.0848% Mesa County 60.8549% Collbran 0.0920% Page 6 EXHIBIT E Page 255 of 402 Government Name Intracounty Share De Beque 0.0123% Fruita 1.6696% Grand Junction 37.1505% Palisade 0.2208% Mineral County 87.6744% City of Creede 12.3256% Moffat County 91.7981% Craig 8.1862% Dinosaur 0.0157% Montezuma County 79.6682% Cortez 18.6459% Dolores 0.6106% Mancos 1.0753% Montrose County 92.8648% Montrose 6.5980% Naturita 0.1551% Nucla 0.0703% Olathe 0.3118% Morgan County 61.6991% Brush 8.5522% Fort Morgan 27.8214% Hillrose 0.1986% Log Lane Village 0.6424% Wiggins 1.0863% Otero County 60.8168% Cheraw 0.1888% Fowler 1.0413% La Junta 25.9225% Manzanola 0.6983% Rocky Ford 8.8215% Swink 2.5109% Ouray County 76.0810% Ouray 17.6541% Ridgway 6.2649% Park County 96.3983% Alma 0.7780% Page 7 EXHIBIT E Page 256 of 402 Government Name Intracounty Share Fairplay 2.8237% Phillips County 52.3463% Haxtun 13.9505% Holyoke 33.1803% Paoli 0.5228% Pitkin County 47.1379% Aspen 42.0707% Basalt (2 Counties)1.1156% Snowmass Village 9.6757% Prowers County 70.4524% Granada 0.9965% Hartman 0.3164% Holly 4.9826% Lamar 21.5860% Wiley 1.6661% Pueblo County 54.6622% Boone 0.0019% Pueblo 45.3350% Rye 0.0008% Rio Blanco County 78.2831% Meeker 9.1326% Rangely 12.5843% Rio Grande County 68.0724% Center (2 Counties)0.7713% Del Norte 6.7762% Monte Vista 20.4513% South Fork 3.9288% Routt County 58.5353% Hayden 1.0679% Oak Creek 0.6360% Steamboat Springs 39.4499% Yampa 0.3109% Saguache County 92.8796% Bonanza 0.1367% Center (2 Counties)6.3687% Crestone 0.0137% Page 8 EXHIBIT E Page 257 of 402 Government Name Intracounty Share Moffat 0.3553% Saguache 0.2460% San Juan County 87.0423% Silverton 12.9577% San Miguel County 48.7493% Mountain Village 25.7930% Norwood 0.4078% Ophir 0.0816% Sawpit 0.0272% Telluride 24.9411% Sedgwick County 98.7331% Julesburg 0.3830% Ovid 0.0295% Sedgwick 0.8544% Summit County 57.0567% Blue River 0.5011% Breckenridge 26.1112% Dillon 4.1421% Frisco 6.5096% Montezuma 0.0169% Silverthorne 5.6623% Teller County 66.1557% Cripple Creek 17.2992% Green Mountain Falls (2 Counties)0.0322% Victor 3.1685% Woodland Park 13.3445% Washington County 99.1320% Akron 0.7659% Otis 0.1021% Weld County 51.9387% Ault 0.3202% Berthoud (2 Counties)0.0061% Brighton (2 Counties)0.0927% Dacono 0.6104% Eaton 0.4573% Erie (2 Counties)0.8591% Evans 4.5121% Page 9 EXHIBIT E Page 258 of 402 Government Name Intracounty Share Firestone 1.4648% Fort Lupton 0.8502% Frederick 1.2228% Garden City 0.1514% Gilcrest 0.1580% Greeley 30.6922% Grover 0.0852% Hudson 0.0066% Johnstown (2 Counties)1.5416% Keenesburg 0.0215% Kersey 0.1378% La Salle 0.4128% Lochbuie (2 Counties)0.4004% Longmont (2 Counties)0.0154% Mead 0.0941% Milliken 1.5373% Northglenn (2 Counties)0.0030% Nunn 0.2558% Pierce 0.0948% Platteville 0.3712% Raymer (New Raymer)0.0597% Severance 0.0403% Thornton (2 Counties)0.0000% Timnath (2 Counties)0.0000% Windsor (2 Counties)1.5865% Yuma County 75.5598% Eckley 2.5422% Wray 10.2148% Yuma 11.6832% Page 10 1 These allocations are based on the allocation model used in the Negotiation Class website. The allocation model is the product of prolonged and intensive research, analysis, and discussion by and among members of the court-appointed Plaintiffs’ Executive Committee and Settlement Committee and their retained public health and health economics experts, as well as a series of meetings with scores of cities, counties and subdivisions. Additional information about the allocation model is available on the Negotiation Class website. The allocations in the Negotiation Class website use two different methodologies: County-Level Allocation The allocation model uses three factors, based on reliable, detailed, and objective data collected and reported by the federal government, to determine the share of a settlement fund that each county will receive. The three factors are: (1) the amount of opioids shipped to the county, (2) the number of opioid deaths in that county, and (3) the number of people who suffer opioid use disorder in that county. County/Municipal-Level Allocation The county/municipal-level allocation is a default allocation to be used if another agreement is not reached between the county and its constituent cities. The formula uses U.S. Census Bureau data on local government spending. This data covers cities and counties for 98% of the U.S. population. If a jurisdiction lacked this data, it was extrapolated based on available data. 2 The municipalities of Bow Mar, Johnstown, and Timnath were not reflected as being in multiple counties in the Negotiation Class website. The estimated allocations to those cities are based on the same methodology used in the website, in consultation with the expert. For cities in multiple counties, please see each county in which that city lies. EXHIBIT E Page 259 of 402 Exhibit F Page 260 of 402 Region Number Region Description Total State Share 1 Northwest 0.9522% 2 Larimer 6.5211% 3 Weld 3.8908% 4 Logan 1.5896% 5 North Central 2.1061% 6 Boulder 5.7936% 7 Broomfield 1.0014% 8 Adams 9.4247% 9 Arapahoe 10.8071% 10 Jefferson 10.7114% 11 Denver 15.0042% 12 Douglas 3.6696% 13 Mesa 2.8911% 14 Southwest 1.4700% 15 Central 1.5627% 16 El Paso/Teller 12.6116% 17 Southwest Corner 1.4375% 18 South Central 1.0973% 19 Southeast 7.4580% Total 100.0000% Regional Allocations EXHIBIT F Page 261 of 402 Exhibit G Page 262 of 402 Regional Governance Models A. Membership Structure Single-County Regions 1. Voting Members (Recommended List: Participating Local Governments to Decide) • 1 or 2 representatives appointed by the county (can be commissioners) • 1 representative appointed from the public health department • 1 representative from the county human services department • 1 representative appointed from law enforcement within region (sheriff, police, local city or town district attorney, etc.) • 1 representative appointed from a municipal or county court system within region • 1-3 representatives (total) appointed by the cities within the county (or other city or cities agreed upon) (can be councilmembers and mayors) • Such other representatives as participating counties/cities agree on (not to include providers who may be recipients of funds) 2. Non-Voting Members (Optional but strongly encouraged) • Representatives from behavioral health providers • Representatives from health care providers • Recovery/treatment experts • Other county or city representatives • A representative from the Attorney General’s Office • Community representative(s), preferably those with lived experience with the opioid crisis • Harm reduction experts Multi-County Regions 1. Voting Members (Recommended List: Participating Local Governments to Decide) • 1 representative appointed by each county (can be commissioners) • 1 representative appointed by a rotating city within each county (or other city agreed upon) (can be councilmembers and mayors) • 1 representative from each public health department within the region • 1 representative from a county human services department • At least 1 representative appointed from law enforcement within region (sheriff, police, local city or town district attorney, etc.) • 1 representative from a municipal or county court system within region • Such other representatives as participating counties/cities agree on (not to include providers who may be recipients of funds) 2. Non-Voting Members (Optional) • Representatives from behavioral health providers EXHIBIT G Page 263 of 402 • Representatives from health care providers • Recovery/treatment experts • Other county or city representatives • A representative from the Attorney General’s Office • Community representative(s), preferably those with lived experience with the opioid crisis. • Harm reduction experts Single-County Single-City Regions (Denver & Broomfield) 1. Voting Members (Recommended List: Participating Local Government to Decide)1 • 1 representative appointed by the city and county • 1 representative appointed from the public health department • 1 representative from the county human services department • 1 representative appointed from law enforcement within region (sheriff, police, district attorney, etc.) • 1 representative appointed from a municipal or county court system within region • Such other representatives as participating counties/cities agree on (not to include providers who may be recipients of funds) 2. Non-Voting Members (Optional) • Representatives from behavioral health providers • Representatives from health care providers • Recovery/treatment experts • Other county or city representatives • A representative from the Attorney General’s Office • Community representative(s), preferably those with lived experience with the opioid crisis. • Harm reduction experts B. Member Terms • Regions may establish terms of appointment for members. Appointment terms may be staggered. C. Procedures • Regions will be governed by an intergovernmental agreement (“IGA”) or memorandum of understanding (“MOU”). • Regions may adopt the Model Colorado Regional Opioid Intergovernmental Agreement, attached here as Exhibit G-1, in its entirety or alter or amend it as they deem appropriate. 1 In Denver, the Mayor shall make voting member appointments to the Regional Council. In Broomfield, the City and County Manager shall make voting member appointments to the Regional Council. EXHIBIT G Page 264 of 402 • Regions may establish their own procedures through adoption of bylaws (model bylaws to be made available). • Meetings of regional board/committee shall be open to the public and comply with the Colorado Open Meetings Law (including requirement to keep minutes). D. Financial Responsibility/Controls • A local government entity shall nominate and designate a fiscal agent for the Region. • A Regional fiscal agent must be appointed by the Regional Council on an annual basis. A Regional fiscal agent may serve as long as the Regional Council determines is appropriate, including the length of any Settlement that contemplates the distribution of Opioid Funds within Colorado. However, the Regional fiscal agent also can change over time. • Regional fiscal agents must be a board of county commissioners or a city or town council or executive department, such as a department of finance. • Yearly reporting by fiscal agent (using standard form) to the Abatement Council. • All documents subject to CORA. E. Conflicts of Interest • Voting members shall abide by the conflict-of-interest rules applicable to local government officials under state law. F. Ethics Laws • Voting members shall abide by applicable state or local ethics laws, as appropriate. G. Authority • The Regional Council for each region shall have authority to decide how funds allocated to the region shall be distributed in accordance with the Colorado MOU and shall direct the fiscal agent accordingly. • Any necessary contracts will be entered into by the fiscal agent, subject to approval by the Regional Council. H. Legal Status • The region shall not be considered a separate legal entity, unless the Participating Local Governments decide, through an IGA, to create a separate governmental entity. EXHIBIT G Page 265 of 402 Exhibit G-1 Page 266 of 402 MODEL COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT 2 THIS MODEL COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT (the “Regional Agreement”) is made between _________________, a Participating Local Government, as defined in the Colorado MOU, in the __________________ Region (“____________”) and ______________________, a Participating Local Government in the ___________ Region, (“_____________”), individually herein a “Regional PLG” and collectively the “Regional PLGs.”” RECITALS WHEREAS, the State of Colorado and Participating Local Governments executed the Colorado Opioids Summary Memorandum of Understanding on _______ 2021 (the “Colorado MOU”), establishing the manner in which Opioid Funds shall be divided and distributed within the State of Colorado; WHEREAS, the Regional Agreement assumes and incorporates the definitions and provisions contained in the Colorado MOU, and the Regional Agreement shall be construed in conformity with the Colorado MOU 3; WHEREAS, all Opioid Funds, regardless of allocation, shall be used for Approved Purposes; WHEREAS, Participating Local Governments shall organize themselves into Regions, as further depicted in Exhibit E to the Colorado MOU; 2 This Model Regional Agreement is meant to serve as an example for the various Regions and to facilitate the flow of Opioid Funds to their intended purposes. Regions are free to adopt this Regional Agreement in its entirety or alter or amend it as they deem appropriate. 3 When drafting agreements like this Regional Agreement, Regional PLGs should be conscious of the definitions used therein so as not to confuse such definitions with those used in the Colorado MOU. The Definitions in the Colorado MOU shall supersede any definitions used by Regional PLGs in a Regional Agreement. EXHIBIT G-1 Page 267 of 402 WHEREAS, Regions may consist of Single-County Regions, Multi-County Regions, or Single County- Single City Regions (Denver and Broomfield). WHEREAS, there shall be a 60% direct allocation of Opioid Funds to Regions through a Regional Share; WHEREAS, each Region shall be eligible to receive a Regional Share according to Exhibit C to the Colorado MOU; WHEREAS, the Colorado MOU establishes the procedures by which each Region shall be entitled to Opioid Funds from the Abatement Council and administer its Regional Share allocation; WHEREAS, the procedures established by the Colorado MOU include a requirement that each Region shall create its own Regional Council; WHEREAS, all aspects of the creation, administration, and operation of the Regional Council shall proceed in accordance with the provisions of the Colorado MOU; WHEREAS, each such Regional Council shall designate a fiscal agent from a county or municipal government within that Region; WHEREAS, each such Regional Council shall submit a two-year plan to the Abatement Council that identifies the Approved Purposes for which the requested funds will be used, and the Regional Council’s fiscal agent shall provide data and a certification to the Abatement Council regarding compliance with its two-year plan on an annual basis; WHEREAS, the Regional Agreement pertains to the procedures for the Regional PLGs to establish a Regional Council, designate a fiscal agent, and request and administer Opioid Funds in a manner consistent with the Colorado MOU; EXHIBIT G-1 Page 268 of 402 NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Regional PLGs incorporate the recitals set forth above and agree as follows: 1. DEFINITIONS. The defined terms used in this Regional Agreement shall have the same meanings as in the Colorado MOU4. Capitalized terms used herein and not otherwise defined within the Regional Agreement or in the Colorado MOU shall have the meanings ascribed to them in the body of the Regional Agreement. 2. OBLIGATIONS OF THE REGIONAL PLGS. The Regional PLGs shall perform their respective obligations as set forth in the Regional Agreement, the Colorado MOU and the accompanying exhibits to the Colorado MOU and incorporated herein by reference. 3. REGIONAL COUNCIL. 3.1. Purpose: In accordance with the Colorado MOU, a Regional Council, consisting of representatives appointed by the Regional PLGs, shall be created to oversee the procedures by which a Region may request Opioid Funds from the Abatement Council and the procedures by which the allocation of its Region’s Share of Opioid Funds are administered. 3.2. Membership: The Regional Council of a Multi-County or Single County Region shall consist of the following: a. Multi-County Region: (i) Voting Members. Voting Members shall be appointed by the Regional PLGs. The Regional PLGs shall collaborate to appoint Regional Council members and to the extent practicable, Voting Members shall be selected from different counties and cities. No single county or city should dominate the make-up of the Regional Council. Voting Members shall be selected as follows: (1) 1 representative appointed by each county (can be commissioners). (2) 1 representative appointed from a rotating city within each county (or other city agreed upon) (can be councilmembers and mayors). A rotating city member shall be selected by majority vote of the cities within each county who do not have a Voting Member currently sitting on the Regional 4 See FN 2, supra. EXHIBIT G-1 Page 269 of 402 Council. (3) 1 representative from each public health department within the region. (4) 1 representative from a county human services department. (5) At least 1 representative appointed from law enforcement within the region (sheriff, police, local city or town district attorney, etc.). (6) 1 representative from a municipal or county court system within the region. b. Single-County Region: (i) Voting Members. Voting Members shall be appointed by the Regional PLGs. The Regional PLGs shall collaborate to appoint Regional Council members and to the extent practicable, Voting Members shall be selected from different cities within the region. No single city should dominate the make-up of the Regional Council. Voting Members shall be selected as follows: (1) 1 or 2 representatives appointed by the county (can be commissioners) (2) 1 representative appointed from the public health department (3) 1 representative from the county human services department (4) 1 representative appointed from law enforcement within region (sheriff, police, local city or town district attorney, etc.) (5) 1 representative appointed from a municipal or county court system within region (6) 1-3 representatives (total) appointed by rotating cities within the county (or other city or cities agreed upon) (can be councilmembers and mayors). Rotating city members shall be selected by majority vote of the cities who do not have a Voting Member currently sitting on the Regional Council. (7) Such other representatives as participating counties/cities agree on (not to include providers who may be recipients of EXHIBIT G-1 Page 270 of 402 funds) c. Non-Voting Members. For both Multi-County and Single County Regions, Non-Voting Members are optional but are strongly encouraged. Non-voting members shall serve in an advisory capacity. Any Non-Voting Members shall be appointed by the Regional PLGs and may be comprised of all or some of the following, not to include potential recipients of funds: (i) Representatives from behavioral health providers. (ii) Representatives from health care providers. (iii) Recovery/treatment experts. (iv) Other county or city representatives. (v) A representative from the Attorney General’s Office. (vi) Community representative(s), preferably those with lived experience with the opioid crisis. (vii) Harm reduction experts. d. Acting Chair: The Voting Members for both Multi-County and Single- County Regions shall appoint one member to serve as Acting Chair of the Regional Council. The Acting Chair’s primary responsibilities shall be to schedule periodic meetings and votes of the Regional Council as needed and to serve as the point of contact for disputes within the Region. The Acting Chair must be either a Member from a county within a Region, such as a county commissioner or their designee, or a Member from a city or town within a Region, such as a mayor or city or town council member or their designee. e. Non-Participation: A Local Government that chooses not to become a Participating Local Government in the Colorado MOU shall not receive any Opioid Funds from the Regional Share or participate in the Regional Council. f. Terms: The Regional Council shall be established within ninety (90) days of the first Settlement being entered by a court of competent jurisdiction, including any bankruptcy court. In order to do so, within sixty (60) days of the first Settlement being entered, CCI and CML shall jointly recommend six (6) Voting Members, and so long as such recommendations comply with the terms of Section 3.2 (a) or (b), the Regional Council shall consist of CCI/CML’s recommended Members for EXHIBIT G-1 Page 271 of 402 an initial term not to exceed one year.5 Thereafter, Voting Members shall be appointed in accordance with Section 3.2 (a) or (b) and shall serve two- year terms. Following the expiration of that two-year term, the Regional PLGs, working in concert, shall reappoint that Voting Member, or appoint a new Voting Member according to Section 3.2 (a) or (b). (i) If a Voting Member resigns or is otherwise removed from the Regional Council prior to the expiration of their term, a replacement Voting Member shall be appointed within sixty (60) days in accordance with Section 3.2 (a) or (b) to serve the remainder of the term. If the Regional PLGs are unable to fill a Voting Member vacancy within sixty (60) days, the existing Voting Members of the Regional Council at the time of the vacancy shall work collectively to appoint a replacement Voting Member in accordance with Section 3.2 (a) or (b). At the end of his or her term, the individual serving as that replacement Voting Member may be reappointed by the Regional PLGs to serve a full term consistent with this Section. (ii) The purpose of the two-year term is to allow Regional PLGs an increased opportunity to serve on the Regional Council. However, Regional Council members who have already served on the Regional Council may be appointed more than once and may serve consecutive terms if appointed to do so by the Regional Council. 3.3. Duties: The Regional Council is primarily responsible for engaging with the Abatement Council on behalf of its Region and following the procedures outlined in the Colorado MOU for requesting Opioid Funds from the Regional Share, which shall include developing 2-year plans, amending those plans as appropriate, and providing the Abatement Council with data through its fiscal agent regarding Opioid Fund expenditures. Upon request from the Abatement Council, the Regional Council may also be subject to an accounting from the Abatement Council. 3.4. Governance: A Regional Council may establish its own procedures through adoption of bylaws if needed. Any governing documents must be consistent with the other provisions in this section and the Colorado MOU. 3.5. Authority: The terms of the Colorado MOU control the authority of a Regional Council and a Regional Council shall not stray outside the bounds of the authority and power vested by the Colorado MOU. Should a Regional Council require legal assistance in determining its authority, 5 Local Governments within Multi-County or Single County Regions may decide to select initial Voting Members of the Regional Council between themselves and without CCI and CML involvement. However, the Regional Council must be established within ninety (90) days of the first Settlement being entered by a court of competent jurisdiction, including any bankruptcy court. EXHIBIT G-1 Page 272 of 402 it may seek guidance from the legal counsel of the county or municipal government of the Regional Council’s fiscal agent at the time the issue arises. 3.6. Collaboration: The Regional Council shall facilitate collaboration between the State, Participating Local Governments within its Region, the Abatement Council, and other stakeholders within its Region for the purposes of sharing data, outcomes, strategies, and other relevant information related to abating the opioid crisis in Colorado. 3.7. Transparency: The Regional Council shall operate with all reasonable transparency and abide by all Colorado laws relating to open records and meetings. To the extent the Abatement Council requests outcome-related data from the Regional Council, the Regional Council shall provide such data in an effort to determine best methods for abating the opioid crisis in Colorado. 3.8. Conflicts of Interest: Voting Members shall abide by the conflict-of-interest rules applicable to local government officials under state law. 3.9. Ethics Laws: Voting Members shall abide by their local ethics laws or, if no such ethics laws exist, by applicable state ethics laws. 3.10. Decision Making: The Regional Council shall seek to make all decisions by consensus. In the event consensus cannot be achieved, the Regional Council shall make decisions by a majority vote of its Members. 4. REGIONAL FISCAL AGENT 4.1. Purpose: According to the Colorado MOU, the Regional Council must designate a fiscal agent for the Region prior to the Region receiving any Opioid funds from the Regional Share. All funds from the Regional Share shall be distributed to the Regional Council’s fiscal agent for the benefit of the entire Region. 4.2. Designation: The Regional Council shall nominate and designate a fiscal agent for the Region by majority vote. Regional fiscal agents must be a board of county commissioners or a city or town council or executive department, such as a department of finance. 4.3. Term: A Regional fiscal agent must be appointed by the Regional Council on an annual basis. A Regional fiscal agent may serve as long as the Regional Council determines is appropriate, including the length of any Settlement that contemplates the distribution of Opioid Funds within Colorado. 4.4. Duties: The Regional fiscal agent shall receive, deposit, and make available Opioid Funds distributed from the Abatement Council and provide expenditure reporting data to the EXHIBIT G-1 Page 273 of 402 Abatement Council on an annual basis. In addition, the Regional fiscal agent shall perform certain recordkeeping duties outlined below. a. Opioid Funds: The Regional fiscal agent shall receive all Opioid Funds as distributed by the Abatement Council. Upon direction by the Regional Council, the Regional fiscal agent shall make any such Opioid Funds available to the Regional Council. b. Reporting: On an annual basis, as determined by the Abatement Council, the Regional fiscal agent shall provide to the Abatement Council the Regional Council’s expenditure data from their allocation of the Regional Share and certify to the Abatement Council that the Regional Council’s expenditures were for Approved Purposes and complied with its 2-year plan. c. Recordkeeping: The Regional fiscal agent shall maintain necessary records with regard the Regional Council’s meetings, decisions, plans, and expenditure data. 4.5. Authority: The fiscal agent serves at the direction of the Regional Council and in service to the entire Region. The terms of the Colorado MOU control the authority of a Regional Council, and by extension, the Regional fiscal agent. A Regional fiscal agent shall not stray outside the bounds of the authority and power vested by the Colorado MOU. 5. REGIONAL TWO-YEAR PLAN 5.1. Purpose: According to the Colorado MOU, as part of a Regional Council’s request to the Abatement Council for Opioid Funds from its Regional Share, the Regional Council must submit a 2-year plan identifying the Approved Purposes for which the requested funds will be used. 5.2 Development of 2-Year Plan: In developing a 2-year plan, the Regional Council shall solicit recommendations and information from all Regional PLGs and other stakeholders within its Region for the purposes of sharing data, outcomes, strategies, and other relevant information related to abating the opioid crisis in Colorado. At its discretion, a Regional Council may seek assistance from the Abatement Council for purposes of developing a 2-year plan. 5.3 Amendment: At any point, a Regional Council’s 2-year plan may be amended so long as such amendments comply with the terms of the Colorado MOU and any Settlement. 6. DISPUTES WITHIN REGION. In the event that any Regional PLG disagrees with a decision of the Regional Council, or there is a dispute regarding the appointment of Voting or Non-Voting Members to the Regional Council, that Regional PLG shall inform the Acting Chair of its dispute at the earliest EXHIBIT G-1 Page 274 of 402 possible opportunity. In Response, the Regional Council shall gather any information necessary to resolve the dispute. Within fourteen (14) days of the Regional PLG informing the Acting Chair of its dispute, the Regional Council shall issue a decision with respect to the dispute. In reaching its decision, the Regional Council may hold a vote of Voting Members, with the Acting Chair serving as the tie- breaker, or the Regional Council may devise its own dispute resolution process. However, in any disputes regarding the appointment of a Voting Member, that Voting Member will be recused from voting on the dispute. The decision of the Regional Council is a final decision. 7. DISPUTES WITH ABATEMENT COUNCIL. If the Regional Council disputes the amount of Opioid Funds it receives from its allocation of the Regional Share, the Regional Council shall alert the Abatement Council within sixty (60) days of discovering the information underlying the dispute. However, the failure to alert the Abatement Council within this time frame shall not constitute a waiver of the Regional Council’s right to seek recoupment of any deficiency in its Regional Share. 8. RECORDKEEPING. The acting Regional fiscal agent shall be responsible for maintaining records consistent with the Regional Agreement. 9. AUTHORIZED REPRESENTATIVES. Each Regional PLGs’ representative designated below shall be the point of contact to coordinate the obligations as provided herein. The Regional PLGs designate their authorized representatives under this Regional Agreement as follows: 9.1. ______ designates the ____ of the ________ or their designee(s). 9.2. ______ designates the ____ of the ________ or their designee(s). 10. OBLIGATIONS OF THE REGIONAL PLGS. The Regional PLGs shall perform their respective obligations as set forth in the Regional Agreement, the Colorado MOU and the accompanying exhibits to the Colorado MOU and incorporated herein by reference. 11. TERM. The Regional Agreement will commence on _______, and shall expire on the date the last action is taken by the Region, consistent with the terms of the Colorado MOU and any Settlement. (the “Term”). 12. INFORMATIONAL OBLIGATIONS. Each Regional PLG hereto will meet its obligations as set forth in § 29-1-205, C.R.S., as amended, to include information about this Regional Agreement in a filing with the Colorado Division of Local Government; however, failure to do so shall in no way affect the validity of this Regional Agreement or any remedies available to the Regional PLGs hereunder. 13. CONFIDENTIALITY. The Regional PLGs, for themselves, their agents, employees and representatives, agree that they will not divulge any confidential or proprietary information they receive from another Regional PLG or otherwise have access to, except as may be required by law. Nothing in this Regional EXHIBIT G-1 Page 275 of 402 Agreement shall in any way limit the ability of the Regional PLGs to comply with any laws or legal process concerning disclosures by public entities. The Regional PLGs understand that all materials exchanged under this Regional Agreement, including confidential information or proprietary information, may be subject to the Colorado Open Records Act., § 24-72-201, et seq., C.R.S., (the “Act”). In the event of a request to a Regional PLG for disclosure of confidential materials, the Regional PLG shall advise the Regional PLGs of such request in order to give the Regional PLGs the opportunity to object to the disclosure of any of its materials which it marked as, or otherwise asserts is, proprietary or confidential. If a Regional PLG objects to disclosure of any of its material, the Regional PLG shall identify the legal basis under the Act for any right to withhold. In the event of any action or the filing of a lawsuit to compel disclosure, the Regional PLG agrees to intervene in such action or lawsuit to protect and assert its claims of privilege against disclosure of such material or waive the same. If the matter is not resolved, the Regional PLGs may tender all material to the court for judicial determination of the issue of disclosure. 14. GOVERNING LAW; VENUE. This Regional Agreement shall be governed by the laws of the State of Colorado. Venue for any legal action relating solely to this Regional Agreement will be in the applicable District Court of the State of Colorado for the county of the Region’s fiscal agent. Venue for any legal action relating to the Colorado MOU shall be in a court of competent jurisdiction where a Settlement or consent decree was entered, as those terms are described or defined in the Colorado MOU. If a legal action relates to both a Regional Agreement and the Colorado MOU, venue shall also be in a court of competent jurisdiction where a Settlement or consent decree was entered. 15. TERMINATION. The Regional PLGs enter into this Regional Agreement to serve the public interest. If this Regional Agreement ceases to further the public interest, a Regional PLG, in its discretion, may terminate their participation in the Regional Agreement, in whole or in part, upon written notice to the other Regional PLGs. Each Regional PLG also has the right to terminate the Regional Agreement with cause upon written notice effective immediately, and without cause upon thirty (30) days prior written notice to the other Regional PLGs. A Regional PLG’s decision to terminate this Regional Agreement, with or without cause, shall have no impact on the other Regional PLGs present or future administration of its Opioid Funds and the other procedures outlined in this Regional Agreement. Rather, a Regional PLG’s decision to terminate this Regional Agreement shall have the same effect as non-participation, as outlined in Section 3.2 (e). 16. NOTICES. “Key Notices” under this Regional Agreement are notices regarding default, disputes, or termination of the Regional Agreement. Key Notices shall be given in writing and shall be deemed EXHIBIT G-1 Page 276 of 402 received if given by confirmed electronic transmission that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process, but specifically excluding facsimile transmissions and texts when transmitted, if transmitted on a business day and during normal business hours of the recipient, and otherwise on the next business day following transmission; certified mail, return receipt requested, postage prepaid, three business days after being deposited in the United States mail; or overnight carrier service or personal delivery, when received. For Key Notices, the Regional PLGs will follow up any electronic transmission with a hard copy of the communication by the means described above. All other communications or notices between the Regional PLGs that are not Key Notices may be done via electronic transmission. The Regional PLGs agree that any notice or communication transmitted by electronic transmission shall be treated in all manner and respects as an original written document; any such notice or communication shall be considered to have the same binding and legal effect as an original document. All Key Notices shall include a reference to the Regional Agreement, and Key Notices shall be given to the Regional PLGs at the following addresses: _____________________________ _____________________________ 17. GENERAL TERMS AND CONDITIONS 17.1. Independent Entities. The Regional PLGs enter into this Regional Agreement as separate, independent governmental entities and shall maintain such status throughout. 17.2. Assignment. This Regional Agreement shall not be assigned by any Regional PLG without the prior written consent of all Regional PLGs. Any assignment or subcontracting without such consent will be ineffective and void and will be cause for termination of this Regional Agreement. 17.3. Integration and Amendment. This Regional Agreement represents the entire agreement between the Regional PLGs and terminates any oral or collateral agreement or understandings. This Regional Agreement may be amended only by a writing signed by the Regional PLGs. If any provision of this Regional Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and the remaining provision of this Regional Agreement shall continue in full force and effect. EXHIBIT G-1 Page 277 of 402 17.4. No Construction Against Drafting Party. The Regional PLGs and their respective counsel have had the opportunity to review the Regional Agreement, and the Regional Agreement will not be construed against any Regional PLG merely because any provisions of the Regional Agreement were prepared by a particular Regional PLG. 17.5. Captions and References. The captions and headings in this Regional Agreement are for convenience of reference only and shall not be used to interpret, define, or limit its provisions. All references in this Regional Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 17.6. Statutes, Regulations, and Other Authority. Any reference in this Regional Agreement to a statute, regulation, policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the execution of this Regional Agreement. 17.7. Conflict of Interest. No Regional PLG shall knowingly perform any act that would conflict in any manner with said Regional PLG’s obligations hereunder. Each Regional PLG certifies that it is not engaged in any current project or business transaction, directly or indirectly, nor has it any interest, direct or indirect, with any person or business that might result in a conflict of interest in the performance of its obligations hereunder. No elected or employed member of any Regional PLG shall be paid or receive, directly or indirectly, any share or part of this Regional Agreement or any benefit that may arise therefrom. 17.8. Inurement. The rights and obligations of the Regional PLGs to the Regional Agreement inure to the benefit of and shall be binding upon the Regional PLGs and their respective successors and assigns, provided assignments are consented to in accordance with the terms of the Regional Agreement. 17.9. Survival. Notwithstanding anything to the contrary, the Regional PLGs understand and agree that all terms and conditions of this Regional Agreement and any exhibits that require continued performance or compliance beyond the termination or expiration of this Regional Agreement shall survive such termination or expiration and shall be enforceable against a Regional PLG if such Regional PLG fails to perform or comply with such term or condition. 17.10. Waiver of Rights and Remedies. This Regional Agreement or any of its provisions may not be waived except in writing by a Regional PLG’s authorized representative. The failure of a EXHIBIT G-1 Page 278 of 402 Regional PLG to enforce any right arising under this Regional Agreement on one or more occasions will not operate as a waiver of that or any other right on that or any other occasion. 17.11. No Third-Party Beneficiaries. Enforcement of the terms of the Regional Agreement and all rights of action relating to enforcement are strictly reserved to the Regional PLGs. Nothing contained in the Regional Agreement gives or allows any claim or right of action to any third person or entity. Any person or entity other than the Regional PLGs receiving services or benefits pursuant to the Regional Agreement is an incidental beneficiary only. 17.12. Records Retention. The Regional PLGs shall maintain all records, including working papers, notes, and financial records in accordance with their applicable record retention schedules and policies. Copies of such records shall be furnished to the Parties request. 17.13. Execution by Counterparts; Electronic Signatures and Records. This Regional Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Regional PLGs approve the use of electronic signatures for execution of this Regional Agreement. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-101, et seq. The Regional PLGs agree not to deny the legal effect or enforceability of the Regional Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Regional PLGs agree not to object to the admissibility of the Regional Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 17.14. Authority to Execute. Each Regional PLG represents that all procedures necessary to authorize such Regional PLG’s execution of this Regional Agreement have been performed and that the person signing for such Regional PLG has been authorized to execute the Regional Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4826-9997-5642, v. 7 EXHIBIT G-1 Page 279 of 402 Colorado Opioids Settlement Memorandum of Understanding Summary Below is a brief overview of the key provisions outlined in the Colorado Opioids Settlement Memorandum of Understanding (“Colorado MOU”). The Colorado MOU was signed by Colorado Attorney General Phil Weiser on August 26, 2021. In order to receive the full settlement payments for all of Colorado, strong participation by local governments signing on to the Colorado MOU is necessary. Local governments and the State prepared the Colorado MOU, which prioritizes regionalism, collaboration, and abatement in the sharing and distribution of opioid settlement funds. The points below summarize the framework laid out in the Colorado MOU for distributing and sharing opioids settlement proceeds throughout Colorado. Please see the full Colorado MOU and exhibits for additional details. While Colorado’s local governments are currently being asked to participate in recent settlements with the “Big 3” Distributors (AmerisourceBergen, Cardinal Health, and McKesson) and Johnson & Johnson, the Colorado MOU is intended to apply to all current and future opioid settlements. A. Allocation of Settlement Funds The Colorado MOU provides the framework for fairly dividing and sharing settlement proceeds among the state and local governments in Colorado. Under the Colorado MOU, settlement proceeds will be distributed as follows: 1. 10% directly to the State (“State Share”) 2. 20% directly to Participating Local Governments (“LG Share”) 3. 60% directly to Regions (“Regional Share”) 4. 10% to specific abatement infrastructure projects (“Statewide Infrastructure Share”) Under the Colorado MOU, all settlement funds must be used only for “Approved Purposes,” a long and broad list that focuses on abatement strategies. These strategies emphasize prevention, treatment, and harm reduction. Some examples of these strategies include training health care providers on opioid use disorder (“OUD”) treatment and responsible prescribing, expanding telehealth and mobile services for treatment, and increasing naloxone and rescue breathing supplies. The list of Approved Purposes is broad enough to be flexible for local communities, while ensuring that settlement funds are used to combat the opioid epidemic. The list of Approved Purposes is attached as Exhibit A to the MOU, unless the term is otherwise defined in a settlement. Page 280 of 402 B. General Abatement Fund Council A General Abatement Fund Council (the “Abatement Council”), consisting of representatives appointed by the State and Participating Local Governments, will ensure that the distribution of opioid funds complies with the terms of any settlement and the terms of the Colorado MOU. The Abatement Council will consist of 13 members, seven appointed by the State and six appointed by the Participating Local Governments. C. Local Government Share (20%) Twenty percent of settlement funds will be paid directly to Participating Local Governments. Exhibit D to the Colorado MOU lists the percentage to each County Area (that is, the county government plus the municipalities within that county), and Exhibit E further breaks down those allocations to an intracounty level using a default allocation. The allocations to each County Area in Exhibit D are based on three factors that address critical causes and effects of the opioid crisis: (1) the number of persons suffering opioid use disorder in the county; (2) the number of opioid overdose deaths that occurred in the county; and (3) the amount of opioids distributed within the county. The intracounty allocations in Exhibit E are a default allocation that will apply unless the local governments in a County Area enter into a written agreement providing for a different allocation. These allocations are based on a model, developed by health economist experts, which uses data from the State and Local Government Census on past spending relevant to opioid abatement. Participating Local Governments will provide data on expenditures from the LG Share to the Abatement Council on an annual basis. If a local government wishes, it may forego its LG Share and direct it to the Regional Share. A local government that chooses not to participate or sign onto the Colorado MOU will not receive funds from the LG Share and the portion of the LG Share that it would have received will instead be re-allocated to the Regional Share for the region where that local government is located. D. Regional Share (60%) Sixty percent of settlement funds will be allocated to single- or multi-county regions made up of local governments. These regions were drawn by local governments to make use of existing local infrastructure and relationships. The regional map is shown below, as well as in Exhibit C to the Colorado MOU: Page 281 of 402 Allocations to regions will be calculated according to the percentages in Exhibit F. Each region will create its own “Regional Council” to determine what Approved Purposes to fund with that region’s allocation from the Regional Share. Regional governance models are attached to the Colorado MOU as Exhibit G. Each region may draft its own intra-regional agreements, bylaws, or other governing documents to determine how the Regional Council will operate, subject to the terms of the Colorado MOU. Each Regional Council will provide expenditure data to the Abatement Council on an annual basis. A local government that chooses not to participate or sign onto the Colorado MOU shall not receive any opioid funds from the Regional Share and shall not participate in the Regional Councils. E. State Share (10%) Ten percent of settlement funds will be allocated directly to the State for statewide priorities in combating the opioid epidemic. The State maintains full discretion over distribution of the State Share anywhere within the State of Colorado. On an annual basis, the State shall provide all data on expenditures from the State Share, including administrative costs, to the Abatement Council. F. Statewide Infrastructure Share (10%) Ten percent of the settlement funds will be allocated to a Statewide Infrastructure Share to promote capital improvements and provide operational assistance for the development or improvement of infrastructure necessary to abate the opioid crisis anywhere in Colorado. Page 282 of 402 The Abatement Council shall establish and publish policies and procedures for the distribution and oversight of the Statewide Infrastructure Share, including processes for local governments or regions to apply for opioid funds from the Statewide Infrastructure Share. G. Attorneys’ Fees and Expenses Paid Through a Back-Stop Fund To a large extent, the national opioid settlements occurred because of the pressure that litigating entities and their counsel exerted on defendants through their lawsuits. The attorneys’ fee provision equitably allocates the cost of attorneys’ fees, while also allowing non-litigating entities to share in the 25% premium for releases by the litigating entities in the “Big 3” Distributor and Johnson & Johnson settlements. The work that was done by the litigating entities and their law firms in the litigation has substantially contributed to achieving the settlements that are currently being offered and those that are anticipated in the future. The Attorney General and local governments have agreed to a “Back-Stop Fund” for attorneys’ fees and costs. Before a law firm can apply to the Back-Stop Fund, it must first apply to any national common benefit fee fund. The Back-Stop Fund will only be used to pay the difference between what law firms are owed and the amount they have received from a national common benefit fee fund. Attorneys’ fees are limited to 8.7% of the total LG Share and 4.35% of the total Regional Share. No funds will be taken from the Statewide Infrastructure Share or State Share. A committee will be formed to oversee payments from the Back-Stop Fund. The committee will include litigating and non-litigating entities. Importantly, any excess money in the Back-Stop fund, after attorneys’ fees and costs are paid, will go back to the local governments. H. Participation in the Colorado MOU and Expected Timeline The MOU was designed to ensure that as many local governments as possible would agree to its terms. Strong participation from local governments is needed to receive the full settlement payments for all of Colorado. On August 26, 2021, Colorado Attorney General Phil Weiser signed the MOU. It is projected that settlement funds from the “Big 3” Distributor/Johnson & Johnson settlements could be made available as soon as July 2022 and will be distributed within Colorado according to the MOU. Along with the MOU, each local government will need to sign a Subdivision Settlement Participation Form for each of the settlements (the “Big 3” Distributor settlement and the Johnson & Johnson settlement) releasing their legal claims and stating they are participating in the settlements. In addition, a Colorado Subdivision Escrow Agreement should be signed to ensure legal claims are released only when 95% participation by certain local governments has been reached. That 95% participation threshold is important because it triggers certain amounts of incentive payments under the settlements and signals to the settling pharmaceutical companies that the settlements have wide acceptance. A copy of the MOU with signature pages for each local government, the Subdivision Settlement Participation Forms, and the Colorado Subdivision Escrow Agreement will be Page 283 of 402 provided by the Attorney General’s Office. The documents should be executed by the individual or body with authority to do so on behalf of their respective county or municipality and submitted by mail or email to either CCI or CML at the following addresses: For Counties: Colorado Counties, Inc. 800 Grant, Ste 500 Denver, CO 80203 Email: Kyley Burress at KBurress@ccionline.org Katie First at KFirst@ccionline.org For Municipalities: Colorado Municipal League 1144 N. Sherman St. Denver, CO 80203 Email: opioidsettlement@cml.org If you have any questions, please reach out to Heidi Williams of the Colorado AG’s office at Heidi.Williams@coag.gov. 4836-1115-5960, v. 7 Page 284 of 402 Colorado Opioids Settlement MOU: Frequently Asked Questions 1. What does this “settle” and why does Colorado need an MOU? Nationwide settlements have been reached with the “Big 3” opioid distributors (McKesson, Cardinal Health, and AmerisourceBergen) and opioid manufacturer Johnson & Johnson to resolve claims by state and local governments that these companies contributed to the opioid epidemic. The claims being settled include those raised by local governments in the national multi-district litigation (“MDL”), In Re: National Prescription Opiate Litigation, MDL 2804 (N.D. Ohio). More information about these settlements can be found at https://nationalopioidsettlement.com/. The Colorado MOU establishes the framework for distributing and sharing these settlement proceeds throughout Colorado. Local governments and the State prepared the Colorado MOU, which prioritizes regionalism, collaboration, and abatement. It is expected that the Colorado MOU will also be used for settlements with other opioid defendants in the future, including any settlement from Purdue Pharma’s bankruptcy proceeding. Colorado Attorney General Phil Weiser signed the MOU on August 26, 2021. The Colorado MOU is included in this packet from the Attorney General’s Office and can also be found at www.coag.gov/opioids. 2. Who put together the Colorado MOU? Local government officials from across Colorado were involved in the negotiation of the Colorado MOU with the Attorney General’s Office. County commissioners, mayors, county and city attorneys, and other stakeholders came together with the assistance of Colorado Counties, Inc. (“CCI”) and the Colorado Municipal League (“CML”) to establish the framework and negotiate the details of the Colorado MOU. 3. How much money will Colorado receive and over what period of time? Funds from the Big 3 and Johnson & Johnson settlements will be distributed over a period of years. The Big 3 distributors will pay a maximum of $21 billion over 18 years, while Johnson & Johnson will pay a maximum of $5 billion over no more than nine years. In total, up to approximately $22.8 billion in settlement proceeds will be payable to state and local subdivisions nationwide. Each state receives a percentage of that recovery, and Colorado’s maximum share from these settlements will likely be more than $300 million. However, as discussed more below, Colorado will receive its maximum share of settlement payments only if enough local governments sign on to the deal. Also, the settling defendants have the option to “walk away” from the deals if there is not enough participation, so it is important that a “critical mass” of local governments signs on soon. Otherwise, the entire deal could fall through. Page 285 of 402 4. How can we maximize Colorado’s recovery? The MOU was designed to ensure that as many local governments as possible would agree to its terms. The Big 3 Distributor and Johnson & Johnson settlements include incentive payments based on how many governments participate. Strong participation from local governments is needed to receive the full settlement payments for all of Colorado. Local governments should sign the Colorado Subdivision Escrow Agreement to ensure their legal claims are released only when 95% participation by local governments has been reached, which secures significant incentive payments under these settlement agreements. For more information on the incentive payments, please see the graphics below: Page 286 of 402 5. Is participation limited to litigating entities? No, participation is not limited to governments that filed suit in the opioid litigation. Money from these settlements will be used for opioid crisis abatement in communities across Colorado, regardless of whether they have chosen to sue. All Colorado local governments are eligible to participate in the settlements and join the MOU, and the MOU does not allocate more funds to cities and counties that chose to file suit—all cities and counties in Colorado are allocated funds based on the same objective factors. 6. How will settlement proceeds be divided within the state under the Colorado MOU? Under the Colorado MOU, settlement proceeds will be distributed as follows: • 10% directly to the State (“State Share”) • 20% directly to Participating Local Governments (“LG Share”) • 60% directly to Regions (“Regional Share”) • 10% to specific abatement infrastructure projects (“Statewide Infrastructure Share”) 7. How will the money be spent? Under the Colorado MOU, all settlement funds must be used only for “Approved Purposes,” a long and broad list that focuses on abatement strategies. These strategies emphasize prevention, treatment, and harm reduction. Some examples of these strategies include training health care providers on opioid use disorder (“OUD”) treatment and responsible prescribing, expanding telehealth and mobile services for treatment, and increasing naloxone and rescue breathing Page 287 of 402 supplies. The list of Approved Purposes is broad enough to be flexible for local communities, while ensuring that settlement funds are used to combat the opioid epidemic. The list of Approved Purposes is attached as Exhibit A to the MOU, unless the term is otherwise defined in a settlement. To ensure that settlement funds are in fact used only for Approved Purposes, a General Abatement Fund Council (the “Abatement Council”) will be formed. This committee will consist of thirteen representatives appointed by the State and Participating Local Governments to ensure opioid funds are spent in compliance with the terms of the settlements and the Colorado MOU. 8. How will direct payments to local governments be allocated? Under the Colorado MOU, 20% of the settlement funds will be paid directly to local governments. A list of the percentage of settlement funds that will be allocated to each County Area (that is, the county government plus the municipalities within that county) is Exhibit D to the Colorado MOU. Those allocations are further broken down to an intracounty level in Exhibit E, which is a default allocation. The allocations to each County Area are based on three factors that address the relative severity of the opioid crisis: (a) the number of persons suffering from Opioid Use Disorder in the county; (b) the number of opioid overdose deaths in the county; and (c) the amount of opioids distributed within the county (measured in Morphine Milligram Equivalent units). The intracounty allocations in Exhibit E are based on a default allocation model that will apply unless the local governments in a County Area enter into an agreement that provides for a different allocation model. These allocations are based on a model developed by health economist experts, which use data from the State and Local Governments Census on past spending relevant to opioid abatement. To ensure transparency and that settlement funds are used for Approved Purposes, local governments that receive settlement funds directly will be required to provide expenditure data to the Abatement Council on an annual basis. Local governments that wish to join the MOU but do not wish to receive any direct payments have the option to redirect their payments to the Regional allocation described below. A local government that chooses not to participate or sign onto the Colorado MOU will not receive funds from the LG Share and the portion of the LG share that it would have received will instead be re-allocated to the Regional Share described below. 9. How will payments to Regions be allocated? Under the Colorado MOU, 60% of the settlement funds will be allocated to single- or multi- county regions made up of local governments. Local governments in Colorado worked collaboratively to develop the Regional Map, which emphasizes existing local infrastructure and relationships. The regional map is below, as well as included in the Colorado MOU as Exhibit C: Page 288 of 402 For more information on the percentages of settlement funds that will be allocated to each Region, please see Exhibit F of the Colorado MOU. 10. How will the Regions be governed? Each Region will create its own “Regional Council” consisting of members from the constituent local governments to determine what Approved Purposes to fund with the Region’s allocation. The Regional Council will have the power to make spending decisions in the Region. The Regions will designate a fiscal agent prior to receiving any settlement funds. Regional governance models are attached to the Colorado MOU as Exhibit G. Each Region may draft its own intra-regional agreements, bylaws, or other governing documents to determine how the Regional Council will operate. Each Regional Council will provide expenditure data to the Abatement Council on an annual basis. 11. How will the Statewide Infrastructure Share work? Many stakeholders have expressed a need for capital improvements across Colorado, and particularly in underserved areas, to abate the opioid crisis. The Colorado MOU directly addresses this by allocating 10% of settlement funds going to these projects. This money will be distributed by a statewide committee based on need. The Abatement Council will establish and publish policies and procedures for the distribution and oversight of the Statewide Infrastructure Share, including processes for local governments or regions to apply for opioid funds from the Statewide Infrastructure Share. Page 289 of 402 12. How will attorneys’ fees and expenses be paid? The Attorney General and local governments have agreed to a “Back-Stop Fund” for attorneys’ fees and costs. The attorneys’ fee provision in the Colorado MOU equitably allocates the cost of attorneys’ fees across all local governments, while also allowing non-litigating entities to share in the 25% premium for releases signed by the litigating entities in the “Big 3” Distributor and Johnson & Johnson settlements. Before a law firm can apply to the Back-Stop Fund, it must first apply to any national common benefit fee fund. The Back-Stop Fund will only be used to pay the difference between what law firms are owed and the amount they have received from a national common benefit fee fund. Attorneys’ fees are limited to 8.7% of the total LG Share and 4.35% of the total Regional Share. No funds will be taken from the Statewide Infrastructure Share or State Share. A committee will be formed to oversee payments from the Back-Stop Fund. The committee will include litigating and non-litigating entities. Importantly, any excess money in the Back-Stop fund, after attorneys’ fees and costs are paid, will go back to the local governments. 13. Why is this a great result for local governments? The Colorado MOU will ensure effective and efficient use of funds without dilution or diversion of opioid settlement money to unrelated purposes or unnecessary overhead expenses. In the Colorado MOU the local governments control 80% of the settlement funds. • Bottom-Up Approach – The need is at the local level, so the resources should be, too. • Local Voices – The communities bearing the brunt of this burden must have a meaningful seat at the table to make decisions about where resources go. • Flexibility – The Colorado MOU provides an opportunity for local governments to decide how to entrust their own regional funds without unnecessary red tape. 14. How do I sign the MOU? Local governments should sign four documents. a. First is the MOU. b. Next, each local government will need to sign a Subdivision Settlement Participation Form for each of the two settlements (the “Big 3” Distributor settlement and the Johnson & Johnson settlement) releasing their legal claims and stating they are participating in the settlements. c. In addition, a Colorado Subdivision Escrow Agreement should be signed to ensure legal claims are released only when 95% participation by certain local governments has been reached, which secures a significant portion of the incentive payments described in FAQ 4, above. Under the terms of the Colorado Subdivision Escrow Agreement, CCI (for counties) or Page 290 of 402 CML (for municipalities) will hold the MOUs and the Subdivision Settlement Participation Forms for each of the settlements in escrow until 95% participation by local governments has been reached as to specified incentive payments under the respective settlement agreements. Copies of the Subdivision Settlement Participation Forms, the MOU with signature pages for each local government, and the Colorado Subdivision Escrow Agreement will be provided by the Attorney General’s Office. The documents should be executed by the individual or body with authority to do so on behalf of their respective county or municipality and submitted by mail or email to either CCI or CML at the following addresses: For Counties: Colorado Counties, Inc. 800 Grant, Ste 500 Denver, CO 80203 Email: Kyley Burress KBurress@ccionline.org Katie First KFirst@ccionline.org For Municipalities: Colorado Municipal League 1144 N. Sherman St. Denver, CO 80203 Email: opioidsettlement@cml.org If you have any questions, please reach out to Heidi Williams of the Colorado AG’s office at Heidi.Williams@coag.gov. 4831-7831-1416, v. 5 Page 291 of 402 86 revised July 30, 2021 EXHIBIT K Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 (“Janssen Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Janssen Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Janssen Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Janssen Settlement. 7. The Governmental Entity has the right to enforce the Janssen Settlement as provided therein. Page 292 of 402 87 revised July 30, 2021 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of Section IV (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to any Released Claim. 9. In connection with the releases provided for in the Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Janssen Settlement. 10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls. Page 293 of 402 88 revised July 30, 2021 I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature: _____________________________ Name: _____________________________ Title: _____________________________ Date: _____________________________ Page 294 of 402 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES K-1 EXHIBIT K Subdivision Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 (“Distributor Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Distributor Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Distributor Settlement, understands that all terms in this Participation Form have the meanings defined therein, and agrees that by signing this Participation Form, the Governmental Entity elects to participate in the Distributor Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Distributor Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Distributor Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Distributor Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Distributor Settlement. Page 295 of 402 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES K-2 7. The Governmental Entity has the right to enforce the Distributor Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Distributor Settlement, including, but not limited to, all provisions of Part XI, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Distributor Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Distributor Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Distributor Settlement. 10. In connection with the releases provided for in the Distributor Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Distributor Settlement. Page 296 of 402 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES K-3 11. Nothing herein is intended to modify in any way the terms of the Distributor Settlement, to which Governmental Entity hereby agrees. To the extent this Participation Form is interpreted differently from the Distributor Settlement in any respect, the Distributor Settlement controls. I have all necessary power and authorization to execute this Participation Form on behalf of the Governmental Entity. Signature: _____________________________ Name: _____________________________ Title: _____________________________ Date: _____________________________ Page 297 of 402 Colorado Subdivision Escrow Agreement Governmental Entity: State: CO Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (“Governmental Entity”) hereby provides Colorado Counties, Inc. (for counties) or the Colorado Municipal League (for municipalities) (“Escrow Agent”) the enclosed copies of the Governmental Entity’s endorsed Subdivision Settlement Participation Forms and the Colorado Opioids Settlement Memorandum of Understanding (“Colorado MOU”), to be held in escrow. The Subdivision Settlement Participation Forms apply respectively to (1) the National Settlement Agreement with McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation, dated July 21, 2021 (“Distributor Settlement”); and (2) the National Settlement Agreement with Janssen Pharmaceuticals, Inc., and its parent company Johnson & Johnson, dated July 21, 2021 (“J&J Settlement”). Pursuant to this Agreement, the Subdivision Settlement Participation Forms and the Colorado MOU will be released only if there is 95% participation by local governments in Colorado as further explained below. Purpose of this Agreement By endorsing a Subdivision Settlement Participation Form in the Distributor Settlement and the J&J Settlement, a governmental entity agrees to participate in those settlements and release any legal claims it has or may have against those settling pharmaceutical companies. This Colorado Subdivision Escrow Agreement is meant to ensure that the legal claims of governmental entities in Colorado will be released only when 95% participation by certain governmental entities has been reached. That 95% participation threshold is important because it signals to the settling pharmaceutical companies that the settlement has wide acceptance which will then secure significant incentive payments under these settlement agreements. Escrow The Escrow Agent shall promptly report the receipt of any Governmental Entity’s endorsed Subdivision Settlement Participation Forms and Colorado MOUs to the Colorado Attorney General’s Office and to the law firm of Keller Rohrback L.L.P. These documents shall be released by the Escrow Agent to the Colorado Attorney General’s Office if and when the Escrow Agent is notified by the Attorney General’s Office and Keller Rohrback that that the threshold 95% participation levels have been reached for both the Distributor Settlement and the J&J Settlement, as further described below. If by December 29, 2021, the Escrow Agent has not received notification that the threshold 95% levels have been reached for both the Distributor Settlement and the J&J Settlements, then the documents being escrowed shall be returned to the Governmental Entities and all copies shall be destroyed. Page 298 of 402 Distributor Settlement The Attorney General’s Office and Keller Rohrback shall jointly submit a written notification to the Escrow Agent when it has been determined that the percentages of populations eligible for Incentives B and C, as described in Sections IV.F.2 and IV.F.3 of the Distributor Settlement, are each 95% or more. For purposes of this Escrow Agreement, the percentages of populations eligible for Incentives B and C under the Distributor Settlement will include governmental entities that sign a Subdivision Settlement Participation Form subject to an escrow agreement and governmental entities that sign a Subdivision Settlement Participation Form that is not subject to an escrow agreement. J&J Settlement The Attorney General’s Office and Keller Rohrback shall jointly submit a written notification to the Escrow Agent when it has been determined that the Participation or Case-Specific Resolution Levels for Incentives B and C, as described in Sections V.E.5 and V.E.6 of the J&J Settlement, are each 95% or more. For purposes of this Escrow Agreement, the percentages or populations eligible for Incentives B and C under the J&J Settlement will include governmental entities that sign a Subdivision Settlement Participation Form subject to an escrow agreement and governmental entities that sign a Subdivision Settlement Participation Form that is not subject to an escrow agreement. Colorado Subdivision Name ____________________ _________________________ ________________ Authorized Signature Date 4849-3731-1228, v. 8 Page 299 of 402 Page 300 of 402 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Brad Power, Darren Hollingsworth DEPARTMENT: Community Development DATE: November 1, 2021 SUBJECT: Economic Partnership Agreement between Greater Englewood Chamber of Commerce and City of Englewood DESCRIPTION: Agreement between the Chamber and City detailing responsibilities. Amount is $20,000/annually. RECOMMENDATION: Staff recommends city council approve by Resolution a three year Agreement between the Greater Englewood Chamber of Commerce and the City of Englewood, including a funding amount of $20,000 for 2022. PREVIOUS COUNCIL ACTION: At the July 6, 2021 study session, Mr. Nathan Hoag, Alliance for Commerce in Englewood (ACE) Chair and Mr. David Carroll, Chamber Executive Director, presented ACE’s recommendation for its dissolution and reviewed the chamber’s proposal to serve in an economic partnership with the city. On September 20, 2021, the city council approved an ordinance to dissolve ACE. SUMMARY: The proposed economic partnership agreement between the City of Englewood and the Greater Englewood Chamber of Commerce represents the formalization of a series of actions and programs through which each party will contribute to ensure the vitality of Englewood's business community. The agreement is intended to be three years in duration in order to enable the partnership to establish regular and ongoing coordination of economic development efforts. ANALYSIS: The partnership agreement incorporates the following elements: • The chamber will contract with the city to provide small business consultations, technical business assistance, training and workshops. • The chamber will provide a minimum of four workshops, seminars or events annually. • The chamber has offered all previous members of the Alliance for Commerce in Englewood (ACE) a complementary one-year membership with the chamber to ensure a transition and continuation of ACE's contribution to business vitality initiatives. • An annual report will be provided to the city council which will summarize the status of the partnership's efforts. Page 301 of 402 • A small business satisfaction survey will be conducted annually and the results will be provided to the city. • The chamber will collaborate with the newly formed Englewood Downtown Development Authority (EDDA) to ensure the successful implementation of shared objectives. • The city will waive permit fees for chamber sponsored events (not including direct expenses). • The city will recognize the chamber's contribution to jointly sponsored events and programs through promotion and signage. • The city will share contact information with the chamber to ensure a coordinated effort to attract and retain businesses within the community. • The city will continue to coordinate the shared work programs of the economic development partners group. CONCLUSION: Staff of the City of Englewood and the Greater Englewood Chamber of Commerce, as well as the chamber's board of directors, recommend that the city council enter into the proposed economic partnership agreement in order to formalize and strengthen the ongoing partnership between the city and the chamber. Through the implementation of the agreement, the city and chamber will have the opportunity to ensure that Englewood's business community will have the best chance to thrive well into the future. FINANCIAL IMPLICATIONS: The proposed economic partnership agreement will extend for a period of three years, commencing on January 1, 2022. The contract amount paid to the chamber each year will be $20,000, subject to an annual appropriation by the city council. Funding for 2022 is in the approved Community Development Department budget. CONNECTION TO STRATEGIC PLAN: The agreement will implement the following City of Englewood Strategic Plan goals: • Attract and retain a diversified industry mix including retail, restaurant, manufacturing, medical and arts. • Ensure a focus on locally owned and operated businesses. • Ensure pro-business climate while maintaining high standards for development. • Promote business to business transactions and shop local campaigns. • Retain and sustain local businesses. • Utilize job training and skills development programs for local businesses, residents and people experiencing homelessness. OUTREACH/COMMUNICATIONS: The proposed Economic Partnership Agreement has been reviewed and formally approved by the Greater Englewood Chamber of Commerce Board of Directors. ATTACHMENTS: Resolution Agreement Page 302 of 402 1 RESOLUTION NO. SERIES OF 2021 A RESOLUTION AUTHORIZING AN ECONOMIC PARTNERSHIP AGREEMENT WITH THE GREATER ENGLEWOOD CHAMBER OF COMMERCE WHEREAS, Section 4-1-3-1 of the Englewood Municipal Code 2000, allows contracts for professional or technical services to be authorized without receiving sealed, competitive bids for reasons deemed in the best interests of the citizens of the City of Englewood (“City”); WHEREAS, the Alliance for Commerce In Englewood Committee (“ACE”) was established by the Englewood City Council with the passage of Ordinance No. 5, Series 2001; WHEREAS, ACE was focused on the creation of an environment in the City in which existing businesses and new businesses could prosper; WHEREAS, in 2020, downtown area Englewood voters approved the formation of the Englewood Downtown Development Authority (EDDA), which is designed to work with the City and its economic development partners in the development of new businesses and support existing businesses; WHEREAS, with the creation of the EDDA, and the City’s partnership with the Greater Englewood Chamber of Commerce (“GECC”), the reasons for ACE no longer existed; WHEREAS, ACE was dissolved by Ordinance 42, Series 2021; WHEREAS, GECC is dedicated to creating unlimited avenues and opportunities to assist businesses in the City succeed through a variety of programs, events and networking; WHEREAS, GECC provides services formerly provided by ACE to the City; WHEREAS, the City and GECC commit to working together to further the business opportunities and growth in the City and wish to formalize their relationship; WHEREAS, in furtherance of enhancing economic vitality and supporting entrepreneurs, the City desires to contract with GECC to perform small business consultations, technical assistance, training, and workshops; Page 303 of 402 2 WHEREAS, the City will provide $20,000 annually for a three-year period to GECC for the program and business seminars, technical assistance, training, and workshops in Englewood; and WHEREAS, it is in the best interests of the citizens of the City to enter into this Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: That the City Council of the City of Englewood hereby approves the Economic Partnership Agreement by and between GECC and the City, and hereby authorizes the Mayor to execute such contract, a copy of which is attached as Exhibit A. ADOPTED AND APPROVED this 1st day of November, 2021. Linda Olson, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2021. ______________________________ Stephanie Carlile Page 304 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 Economic Partnership Agreement Between Greater Englewood Chamber of Commerce and the City of Englewood This Economic Partnership Agreement (the “Agreement”) is made as of this _____ day of ____________, 20__, (the “Effective Date”) by and between The Greater Englewood Chamber of Commerce (“GECC”), and the City of Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado (“City”). WHEREAS, in furtherance of enhancing economic vitality and supporting entrepreneurs, the City desires to contract with GECC to perform small business consultations, technical assistance, training, and workshops at Englewood Civic Center; and WHEREAS, GECC is focused on energizing and promoting its members while constantly engaging new businesses; and WHEREAS, GECC is dedicated to creating unlimited avenues and opportunities to assist businesses in the City succeed through a variety of programs, events and networking; and WHEREAS, the services provided by GECC are integral to the City’s economic development program; and WHEREAS, the City and GECC commit to working together to further the business opportunities and growth in the City; and WHEREAS, the parties desire to enter into an agreement by describing the relationship between GECC and the City regarding services that GECC will perform for the City; and NOW, THEREFORE, in consideration of the covenants and promises contained herein, the sufficiency of which is acknowledged by the parties, the parties agree as follows: 1. Responsibilities of GECC a. GECC will provide a minimum of four workshops, seminars or events annually, preferably a minimum of one per quarter, based on local priorities. Examples include: i. Small Business Startup Workshops ii. Industry/sector focused Workshops Page 305 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 iii. Walking or driving tour of local businesses where GECC and the City officials can meet, show appreciation to, and discuss challenges and opportunities with local business representatives b. GECC will offer all Board Members of the Alliance for Commerce in Englewood (“ACE”), which has been disbanded, a free one-year personal membership to allow for the continuity of mission/services formerly provided by ACE for the City. This membership will be eligible for Board Members who had served in the 2021 calendar year. c. GECC will appoint the City Manager, or designee, as an ex-officio member of its board. d. The Executive Director of GECC will annually update the Englewood City Council and the City Manager at an Englewood City Council meeting on the economic impacts of its programs and general business climate in the City. The report shall include: i. A summary of the specific steps taken to perform the tasks in this Agreement. ii. A summary report of City businesses that received direct assistance from GECC for business retention or expansion. This report will include the total number of businesses that contacted GECC or that were contacted by GECC. iii. A summary of outreach efforts made by GECC to other organizations, businesses and people to support the work of this Agreement. e. GECC will foster the growth, development and promotion of homegrown and small businesses within the City. f. GECC will provide advice and information to existing businesses that wish to remain or expand in the City. GECC will coordinate with the City’s staff and appropriate agencies, other governments, and non-profits to assist business location decisions. g. GECC will share contact information with the City for any businesses starting, relocating or leaving the City. h. GECC will conduct an annual business satisfaction survey and provide a copy of the results to the City. i. GECC will continue participating in and partnering with the City’s economic development partners group facilitated by the City’s Community Development Department, which includes, but is not limited to: the City, GECC, Small Business Development Center, the Englewood Downtown Development Authority (“EDDA”), Arapahoe Community College, Metro Denver Economic Development Corporation, South Metro Chamber, Denver South Economic Development Partnership, Manufacturer’s Edge, Arapahoe/Douglas Works!, and Mi Casa Resource Center. j. GECC will continue to coordinate with the City and EDDA to ensure that as the community’s newest economic partner, EDDA continues to develop and implement its mission and that shared objectives of the City, EDDA and GECC are communicated regularly and at mutual quarterly updates at each organizations’ board of directors’ meetings, and with respect to the City, to the Englewood City Council. Page 306 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 2. Responsibilities of the City: a. The City will waive any City permit fees for all GECC sponsored events, except for any direct costs to the City, such as overtime charges incurred for police presence or use of barricades. The waiver of permit fees is not intended to waive any other legal requirements for events held in the City or on City property. GECC shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local regulation for the performance of the services under this Agreement. GECC shall also comply with the provisions of all applicable laws in performing the services under this Agreement. b. The City will recognize GECC’s contribution to jointly-sponsored events and programs through promotion and signage. Coordination with the Englewood Parks, Recreation, Library, and Golf Department and the City’s Communications Department is required. c. The City will continue efforts to recruit new businesses to the City. d. The City will develop and provide accurate and timely information to assist businesses interested in locating, expanding or remaining in the City. e. The City will provide advice, information and technical assistance to businesses interested in relocating to the City. The City will coordinate with appropriate agencies, governments and non-profits to assist in business location decisions. f. The City will share contact information with GECC for businesses starting, relocating or leaving the City. g. The City representative on the GECC Board of Directors will provide a report to the GECC Board regarding economic development activities undertaken and update GECC on new or changing business-related programs, initiatives and grants under consideration by the City. The obligations of this section do not require and will not include any nonpublic information. h. The City will continue to facilitate the shared work programs of the economic development partners group. i. The City will continue to coordinate with GECC and EDDA to ensure that shared objectives of the City, EDDA and GECC are communicated regularly at mutual quarterly updates at each organizations’ board of directors’ meetings, and with respect to the City, to the Englewood City Council. 3. Terms and Conditions: a. The City and GECC will work together to develop and provide accurate and timely information to assist businesses interested in locating, expanding or remaining in the City. b. The City and GECC will leverage their investments in economic development by cross- promoting events and programs relevant to business support and growth. Page 307 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 c. The City and GECC will jointly market and promote festivals and events, especially those promoting economic and business development. d. This agreement will be effective for three years with possible extensions based on mutual agreement. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. e. Upon receipt of an invoice from GECC, the City agrees to pay GECC based on the schedule below: Due Date: $10,000 on January 31 annually $10,000 on July 31annually. Total fee for services: $20,000 annually Three-year period: 2022, 2023, and 2024. f. This Agreement may be terminated by either party with a 30-day written notice, in which case GECC will provide to the City a final billing for time and materials or other related expenses within 30 days of the termination date of this Agreement. g. Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Hiring of Workers without Authorization: i. Employees, Consultants and Sub-consultants: GECC shall not knowingly employ or contract with a Worker without Authorization to perform work under this Agreement. GECC shall not contract with a sub-consultant that fails to certify to GECC that the sub-consultant will not knowingly employ or contract with a Worker without Authorization to perform work under this Agreement. [CRS 8- 17.5-102(2)(a)(I) & (II).] ii. Verification: GECC will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8-17.5-101 (3.3) and 8-17.5-101 (3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. GECC is prohibited from using the E-Verify program or the Department Page 308 of 402 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 program procedures to undertake pre-employment screening of job applicants while this contract is being performed. iii. Duty to Terminate a Subcontract: If GECC obtains actual knowledge that a sub- consultant performing work under this Agreement knowingly employs or contracts with a Worker without Authorization, GECC shall; 1. notify the sub-consultant and the City within three days that GECC has actual knowledge that the sub-consultant is employing or contracting with a Worker without Authorization; and 2. terminate the subcontract with the sub-consultant if, within three days of receiving notice required pursuant to this paragraph the sub-consultant does not stop employing or contracting with the Worker without Authorization; except that GECC shall not terminate the contract with the sub-consultant if during such three days the sub-consultant provides information to establish that the sub-consultant has not knowingly employed or contracted with a Worker without Authorization. iv. Duty to Comply with State Investigation: GECC shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8- 17.5-102 (5) v. Damages for Breach of Contract: The City may terminate this Agreement for a breach of contract, in whole or in part, due to GECC’s breach of any section of this paragraph or provisions required pursuant to CRS 8-17.5-102. GECC shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Agreement under this Paragraph g. Page 309 of 402 Page 310 of 402 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Chris Edelstein, Jeff Wenda, Maria D'Andrea DEPARTMENT: Public Works DATE: November 1, 2021 SUBJECT: Award of Contract for Custodial Services at City Facilities DESCRIPTION: Staff has solicited proposals via an RFP for custodial services at city facilities. This would award a contract to the selected contactor. RECOMMENDATION: Staff recommends that the City Council approve, by motion, a contract with Regal Facility Management to provide custodial services in city facilities in the amount of $448,788.00. SUMMARY: The city issued a Request for Proposals for Custodial Services at City Facilities on September 9, 2021. Eleven (11) proposals were received on September 30. Staff evaluated & rated the proposals, contacted references, and solicited additional information from the top-rated proposers to arrive at a consensus on the selection of Regal Facility Management for these contract services. Regal is currently assisting the city with custodial services. ANALYSIS: The city provides janitorial and day porter services to the following facilities utilizing a team of city staff: • Civic Center • Police Headquarters Building • Recreation Center • Malley Center • ServiCenter • Pirate's Cove • Golf Course • South Platte Renew • Allen Water Treatment Plant During the last part of 2020 and the first few months of 2021, several custodial positions were vacated by employees. It has been difficult to re-hire for these positions due to a lack of qualified applicants. Therefore, staff was required to solicit quotes from janitorial firms to supplement staff's efforts to maintain the same level of service at each of the facilities. Since quotes are only valid up to the $50,000 threshold, the decision was made to issue a Request for Proposals to evaluate both price and levels of service & quality. Page 311 of 402 The City of Englewood issued a Request for Proposals on September 9, 2021. All buildings except for the Police Department will be serviced through this contract or a total of approximately 240,000 square feet. City employees will continue to provide day porter and nightly cleaning services at the Police Building as well as perform various specialized cleaning efforts, such as carpet cleaning, as well as meeting room setups and teardowns. Eleven (11) proposals were received on September 30, 2021 from the following firms: • ABM Industries • All-n-One Business Services, LLC • American Facility Services Group • Carnation Building Service, Inc. • Command Service Systems • ISS Facility Services • KG Facility Solutions • Kleen-Tech Services, LLC • O'Band's Janitorial Company • Regal Facility Management • ZTL Partners, LLC City staff reviewed and scored the proposals. The firms' proposals were scored by the committee based on the following criteria: • Experience and Qualifications • Company Background • Experience with Government Agencies • Proposed Work Plan • Training of Personnel • Quality Control • Standard Cleaning Procedures • Personnel Overseeing the Contract • Pricing The following firms were short-listed. • ABM Industries • Carnation Building Service, Inc. • ISS Facility Services • O'Band's Janitorial Company • Regal Facility Management Follow-up questions were posed to each of the five firms and references were checked. Based on this further evaluation, Regal Facility Management was selected by the Project Team as providing the best overall service & value to the city. Staff feels that they have the expertise needed to adequately serve the city. Regal is currently providing custodial services to the South Suburban Recreation Centers and Sports Complex as well as the Denver Center for the Performing Arts and Park Meadows Shopping Center. The city had 12 custodial positions budgeted for 2021. Through attrition over the past 10 months, there are now only four city staff in those positions. In early 2021, the city entered into a contract with Regal for assistance with custodial services to supplement city staff. They have Page 312 of 402 performed well. Two change orders have been approved by the City Council to increase their contract amount and extend the date of the contract to October 31, 2021. A third change order has been approved by city staff, to extend their existing contract to November 1, 2021. This new contract, if approved, will go into effect on November 2, 2021. So, the change order will avoid any impacts to service. In reviewing the Procurement Policy, the City Council does not need to approve a change order for time extensions only. CONCLUSION: The selection process followed the procedures proscribed in the RFP. The selected firm, Regal Facility Management, is capable of completing the scope of work. Staff recommends that the City Council approve a contract with Regal Facility Management to provide custodial services in city facilities beginning in November, 2021. FINANCIAL IMPLICATIONS: The total estimated contract cost for the remainder of 2021 and through October 2022 is estimated to be $448,788.00, as detailed below: Estimated Cost Base Service $432,648.00 Quarterly Services $9,140.00 Contingency $7,000.00 Total $448,788.00 This contract will be funded from the General Fund operating budget for Public Works - Operations and Maintenance, Account 02-1005. The city is transitioning from having all city staff performing this work to a combination of city staff and contracted services. The 2022 budget was prepared assuming that there were seven city custodians. As of today, the staff has further reduced to four custodians. Therefore, in 2021 and 2022, a portion of the Employee Wagesbudgeted allocation will need to be utilized for these contract services. Remainder of 2021 Jan. 2022 - Oct. 2022 Total Professional Services $0 $290,400.00 $290,400.00 Reallocation of Employee Wages $74,393.00 $83,995.00 $158,388.00 Total $74,393.00 $374,395.00 $448,788.00 CONNECTION TO STRATEGIC PLAN: Strategic Outcome: Sustainability A city that protects its natural environment • Maintain the current built environment and maximize the lifecycle of newer high-profile buildings (police station, schools) • Develop a proactive capital plan to address needed capital and maintenance of city buildings. ATTACHMENTS: Contract Approval Summary Professional Services Agreement Page 313 of 402 Regal Proposal RFP 21-022 Presentation Page 314 of 402 Contract Approval Summary 7/1/2021 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Jeff Wenda Phone: (303) 762-2533 Title: Building Services Supervisor Email: jwenda@englewoodco.gov Vendor Contact Information Vendor Name: Regal Facility Management Vendor Contact: Tyler Warmbold Vendor Address: 1500 W Hampden Avenue, Suite 3J Vendor Phone: (303) 250-4111 City: Englewood Vendor Email: tyler.warmbold@regalmanagement.com State: CO Zip Code: 80110 Contract Type Contract Type:Professional Services Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: November 2021 End Date: October 2022 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $448,788.00 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): All payments to Contractor are contingent on Contractor’s satisfying the Deliverables set forth in the Scope of Work. Payments shall be made upon work completed and the approval of the invoice. Attachments: ☐Copy of original Contract if this is an amendment ☒Copies of related Contracts/Conveyances/Documents Custodial Services at City Facilities Page 315 of 402 Contract Approval Summary 7/1/2021 Page | 2 Source of funds: ‘ Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor: ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of proposed awardee ☒RFP: ☐ RFP Evaluation Summary attached ☒ RFP Response of proposed awardee ☐Quotes: Copy of Quotes attached ☐Sole Source: Explain Need below ☐Other: Please describe CAPITAL ONLY A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining C 2021 -$ -$ -$ -$ O 2021 02 1005 51101 Employee Salaries & Wages 799,999.00$ 458,120.89$ 74,393.00$ 267,485.11$ -$ Total by Fund - 2021 799,999.00$ 458,120.89$ 74,393.00$ 267,485.11$ C 2022 -$ -$ -$ -$ O 2022 02 1005 51101 Employee Salaries & Wages 599,873.00$ -$ 83,995.00$ 515,878.00$ O 2022 02 1005 54201 Professional Services 290,400.00$ -$ 290,400.00$ -$ Total by Fund - 2022 890,273.00$ -$ 374,395.00$ 515,878.00$ Grand Total 1,690,272.00$ 458,120.89$ 448,788.00$ 783,363.11$ CAPITAL & OPERATING EXPENSE Page 316 of 402 Page 317 of 402 Page 318 of 402 Page 319 of 402 reasonably required by the City including the satisfactory release of all liens or claims for liens by subcontractors, laborers, and material suppliers for work or materials provided under this Contract or Purchase Order (which approval shall not be unreasonably withheld}. 18.PERMITS AND LICENSES. The Contractor and all of his employees, agents, and subcontractors shall secure and maintain in force, at Contractor's sole cost and expense, such licenses and permits as are required by law, including any licenses or permits required by the City in connection with the furnishing of materials, supplies, or services herein listed. 19.CONTRACTOR NOT AN OFFICER. EMPLOYEE, OR AGENT OF THE CITY. While engaged in or carrying out other terms and conditions of the Contract or Purchase Order, the Contractor is an independent Contractor, and not an officer, employee, agent, partner, or joint venture of the City. 20.CONTRACTOR"S AND SUBCONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph and satisfactory proof of such insurance has been submitted to City. Except for worker's compensation insurance, the policy shall not be amended or modified and the coverage amounts shall not be reduced without the City's prior written consent. The City shall be named as an additional insured and be furnished thirty (30} days written notice prior to cancellation. The Contractor shall not allow any subcontractor, employee or agent to commence work on this contract or any subcontract until this insurance has been obtained. a) INSURANCE TYPES AND AMOUNTS. The City requires the following minimum amounts of insurance coverage: Commercial General Liability in the amount of $1,000,000 per occurrence; Professional Liability Errors and Ommissions in the amount of $1,000,000 per occurrence; and Employee Dishonesty and Computer Fraud in the amount of $1,000,000 per ocdJ7rence. The above amounts may be amended upward or downward depending on the overall cost of the services provided, and only with the approval of the City. b) WORKER'S COMPENSATION INSURANCE. The Contractor shall procure and shall maintain during the life of this contract, Worker's Compensation Insurance on atl28)f his employees to be engaged in work on the project under this contract and in case of any such work subcontracted, the Contractor shall require the subcontractor provide Worker's Compensation Insurance for all of the subcontractors employees to be engaged in such work unless such employees are covered by the Contractor's Worker's Compensation Insurance. c) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The Contractor and any subcontractor shall procure and shall maintain during the life of this contract, Contractor's Public Liability Insurance in an amount not less than $1,000,000 for injuries, including accidental death to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000 on account of one accident, and shall also maintain Contractor's Property Damage Insurance in an amount not less than $1,000,000. 21. WARRANTY/QUALITY. The Contractor, manufacturer, or their assigned agents shall guarantee the workmanship, product or service performed against defects or failures of materials for a minimum period of one {1} year from delivery or the final completion date for the work. All workmanship and merchandise must be warranted to be in compliance with applicable Colorado energy, conservation, and environmental standards; unless a longer minimum period is required in the statement of work. Contractor shall furnish all manufactures' and supplier' written guarantees and warrantees covering materials and equipment furnished pursuant to this Contract or Purchase Order. 22.ASSIGNMENT OF CLAIMS. In submitting a quote on this project, the Contractor or any subcontractor agreeing to supply goods, services, or materials, and entering into this contract, the Contractor and/or subcontractor do offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have pursuant this contract or subcontract. Thisassignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties. 23.COMPLIANCE WITH LAWS. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct or work as indicated or specified in the Statement of Work. If Contractor observes that any of the work required by this contract is at variance with any such laws, ordinances, rules or regulations, Contractor shall notify the City, in writing, and, at the sole option of the City, any necessary changes to the scope of work shall be made and this contract shall be appropriately amended, in writing, or this contract shall be terminated effective upon Contractor's receipt of a written termination notice from the City. If Contractor performs any work knowing it to be in violation of such laws, ordinances, rules or regulations and without first notifying the City of such violation, Contractor shall bear all costs arising therefrom. 24.TIME IS OF THE ESSENCE. Time is of the essence in the performance of and compliance with each of the provisions and conditions of this contract. 25.GOVERNING LAW. This contract shall be governed by and construed in accordance with the laws of the State of Colorado. Venue will be proper in Arapahoe County, CO. 26.NO ORAL MODIFICATION. Any waiver, amendment, modification, consent or acquiescence with respect to this contract or any provision of this contract or with respect to any failure to perform in accordance therewith shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. 27.TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"}. Any provision of this contract or its attachments which imposes upon the City, directly or indirectly, any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent of the year of execution of this contract is expressly made contingent upon and subject to funds for such financial obligation being appropriated, budgeted and otherwise made available. 28.PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and this contract shall be read and enforced as though it were included therein. 29.DISCLOSURE OF CONFIDENTIAL INFORMATION. The City as an arm of the state is governed by the terms of the Colorado Open Records Act, C.R.S. 24-72-201 et. seq. In the event a Disclosing Party receives an Open Records request, the Disclosing Party shall notify the other party to this Contract of such request 30.ATTORNEY'S FEES. In the event that either party to this Contract shall commence any action against the other partyarising out or or in connection with this Contract, or contesting the validity of the Contract or any provisions of the Contract, the 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303)762-2300 www.englewoodgov.org 4 Page 320 of 402 Page 321 of 402 Page 322 of 402 Page 323 of 402 Page 324 of 402 Page 325 of 402 2021 Custodial Services proposal for RFP-21-042 Presented by: Regal Facility Management September 30th, 2021 Page 326 of 402 TABLE OF CONTENTS REQUIRED DOCUMENTS EXHIBIT 1A AND 1B – COST PROPOSAL EXHIBIT 2 – SUBMISSION ACKNOWLEDGEMENT EXHIBIT 3 – MINIMUM INSURANCE REQUIREMENTS EXHIBIT 4 – QUALIFICATION STATEMENT MISSION STATEMENT AND COMPANY HISTORY 1 ORGANIZATIONAL STRUCTURE 2 BIOGRAPHIES 3 PROPOSAL ESSENTIALS RESOURCES 4 PROCESSES 4 COMMUNICATION 4 HIRING AND TRAINING 4 MAINTENANCE SCHEDULES AND FOLLOW UPS 5 EXECUTION OF CONTRACT 6 BUILDING LOCATION WORK PLANS 7 EXPERIENCE AND REFERENCES 8 Page 327 of 402 CITY OF ENGLEWOOD EXHIBIT 1a - COST PROPOSAL COST/MONTHESTIMATED HOURS/SERVICE DAYLOCATION All prices must include all unit costs for material, labor, other direct costs (i.e. travel), indirect costs (i.e. overhead and general and administrative costs), and profit/fee and all applicable taxes. Civic Center - Day Porter Civic Center - Cleaning Recreation Center - Day Porter Recreation Center - Cleaning Broken Tee Golf Course - Day Porter Broken Tee Golf Course - Cleaning Malley Center - Cleaning ServiCenter - Cleaning Pirate's Cove - Day Porter Police Department - Day Porter Police Department - Cleaning Allen Water Plant - Day Porter South Platte Renew - Cleaning 8 Hours per Day / Monday - Friday 8 Hours per Day / Monday - Sunday 2 Hours per Day / Monday - Sunday 2 Hours per Day / Monday - Friday 4 Hours per Day / Monday - Friday $3,555.00 per Month ($20.50 per Hour) $4,975.00 per Month ($20.50 per Hour) $1,245.00 per Month ($20.50 per Hour) $890.00 per Month ($20.50 per Hour) $1,777.00 per Month ($20.50 per Hour) 16 Hours per Night - Monday - Friday 6 Hours per Night - Saturday and Sunday $7,775.00 per Month 12 Hours per Night - Monday - Sunday $7,098.00 per Month 7 Hours per Night - Monday - Saturday $3,549.00 per Month 7 Hours per Night - Monday - Friday $2,958.00 per Month 2 Hours per Night / Monday - Sunday $1,215.00 per Month 13 Hours per Night / Monday - Friday $5,493.00 per Month 8 Hours per Day / Monday - Sunday $4,975.00 per Month ($20.50 per Hour) 18 Hours per Night / Monday - Sunday $10,647.00 per Month Page 328 of 402 SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR CALL OUT EXPENSE PER TRIP SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR CLEAN FABRIC COUCHES CLEAN LEATHER COUCHES CLEAN 1ST FLOOR WINDOWS CLEAN 2ND FLOOR WINDOWS CITY OF ENGLEWOOD EXHIBIT 1b - COST PROPOSAL EMERGENCY CUSTODIAL CONTRACT RATES – WEEKEND OR STANDBY CARPET CLEANING STRIP & WAX VINYL OR LINOLEUM FLOORS SPRAY BUFF HARD SURFACE FLOORS CLEAN FABRIC CHAIRS CLEAN MESH CHAIRS CLEAN VINYL CHAIRS All prices must include all unit costs for material, labor, other direct costs (i.e. travel), indirect costs (i.e. overhead and general and administrative costs), and profit/fee and all applicable taxes. $30.00 per hour $25.00 per hour $32.50 per hour $40.00 per hour $40.00 per hour $50.00 per hour $50.00 per hour $35.00 per hour $35.00 per hour $30.00 per hour $30.00 per hour $25.00 per hour $30.00 per hour $25.00 per hour $40.00 per hour $50.00 per hour Page 329 of 402 Page 330 of 402 Page 331 of 402 f En·glewood EXHIBIT 4 -QUALIFICATIONS STATEMENT 1.Name of Contractor: 2.Name of Business (if different than previous question): 3.Form of Entity: 4.Business Address: __________________________ _ 5.Primary Contact: Phone Number: ____________________ _ Email: 6.Year Organized: 7.Where Organized: 8.How many years has the Contractor been engaged in the Custodial I Janitorial business under itspresent name. Please state the names and dates of previous business names, if any. 9.In the last five (5) years, has the Contractor ever been terminated from a contract or failed to complete any work awarded to you? If so, explain. 10.In the last five (5) years, has the Contractor ever been party to litigation related to its work? If so,explain. I I. Please identify the number of staff available to work under the contract: ___ Number of Supervisors __ Number of Workers 43 of 45 pages Regal Facility Management Regal FM Holdings, LLC Partnership - Regal Facility Management (1988), merged with new ownership in 2020 1500 W. Hampden Ave. Suite 3J Englewood, CO 80110 Tyler Warmbold 303-250-4111 tyler.warmbold@regalmanagement.com 1988 Colorado Regal Facility Management has been in the janitorial business since it was started by the original owner in 1988. In 2020, Regal Facility Management merged with another janitorial company to create more operational and administrative efficiencies as a whole. The main key personnel has stayed consistent throughout the merger. No we have not. 4 20 Regal has worked with many customers in which they go out to bid every 3-5 years. We have a great retention rate but occasionally a city or school will switch vendors at the end of the contract term. Regal has not taken on jobs, or contracts, in which (Estimated NIGHT WORKERS) 8 - Estimated Day Porters we haven't been able to complete the work awarded to our company. Page 332 of 402 None to be proposed.No we have not.No we have not.Regal Facility Management has all employees and contractors read, understand, and sign our company code of conduct.The code of conduct clearly states that theft is never permitted and the employee will be terminated if theft has been proven.Regal Facility Management has not had theft of property amongst our janitorial crews in the past 5 years. If there were an incident in which a crew member did steal company or client property we would discharge that employee immediately, fully cooperate with authorities, and reimburse the customer for the stolen item . We have a job scheduling software that keeps track of weekly and monthly items. This schedule is sent to the crew managers to ensure details and jobs are completed. Our next layer of support would be our inspectors. They inspect periodic and on-going tasks at customer locations. These inspection reports are then given to our operation managers who review and follow up with the customer.Our employees know we will fully cooperate with authorities in the event of suspicion of or proven theft situations. Page 333 of 402 Regal Facility Management currently services 6 Recreation/Fitness Centers. Lone Tree Recreation Center, Buck Recreation Center, Goodson Recreation Center, South Suburban Sports Complex, Littleton Golf and Tennis Club, and Riverfront Athletic Club. All our crew members are required to call in to the office or their direct manager when they are not able to make any shift. Regal has floater workers available to backfill shifts each day within the company. Our mangers are also working managers in that they cover shifts if needed as well. Page 334 of 402 MISSION STATEMENT AND COMPANY HISTORY Founded on trust and integrity, Regal Facility Management is dedicated to providing expert, dependable, and affordable building services with personalized customer care. Roger Cochran established Regal Facility Management in January of 1988. The original focus for Regal was to provide restaurants, of all types and sizes, access to professional building services. Realizing how important appropriate management structure, policies, and procedures were to successful partnerships with our clients, we then applied those same principles to a variety of facility maintenance services from day porters and overnight cleaners to painters, power washers, and floor restoration services just to name a few. This continues to add a great deal of value to our clients as they have a multitude of resources available to them with a single point of contact. As time passed, it was requested by many of our clients operating in Colorado that Regal Facility Management partner with them in other states to provide the same level of quality and consistency that they had come to depend on. Regal Facility Management has not only grown in size but also in expertise and experience. Regal's client base has expanded from restaurants to city municipalities, government buildings, medical buildings, commercial buildings, and shopping centers. As of 2021, Regal Facility Management operates in six states: Colorado, Florida, Minnesota, Nebraska, Wisconsin, and Wyoming with its corporate offices located in Englewood, Colorado. 1 Page 335 of 402 ORGANIZATIONAL STRUCTURE Regal Facility Management is extremely capable and qualified to perform the duties outlined in the scope of work for the City of Englewood. All specifications, site visits, and addendum reviews have been performed. Our team is experienced with similar/successful partnerships and, in large part, is due to how we’ve structured our organization to cater to our clients needs. We know, through decades of experience, that our structure produces a superior final product for our clients. Cleaners: We work with experienced cleaners and provide on-going training and support to our teams as we recognize the importance of customer satisfaction and know that starts with having a solid foundation in our work force. Inspectors: Independent of the cleaners, these extra sets of eyes scan for specification compliance in your facilities and conduct reports along with pictures submitted to our management team weekly. Day / Night managers: Regal’s service program includes multiple “after hours” Night Managers and Daytime Managers that are capable of addressing any problems the crews may experience while performing the cleaning. The primary Night Manager assigned will also follow up and correct (as required) any complaints or deficiencies in the cleaning as noted by our inspectors, managers, or the City of Englewood management teams. Jordan Hussung is the Operations Manager for Colorado and is directly responsible for the service in these locations and your satisfaction. Mike Grabb, the Chief Operating Officer for Regal, oversees all operations and is involved in the on-going effort to provide you with a quality service and consistent performance. Tyler Warmbold, the President of Regal, meets with the management team regularly to review the systems employed to ensure efficacy and accountability. 2 Page 336 of 402 BIOGRAPHIES Of the management team involved in the City of Englewood cleaning contracts. Roger Cochran, Co-President Roger is a Colorado native and has worked in the building services industry for 35 years. Starting as a cleaner for a local building services contractor, he worked his way through the various departments and management levels. Looking for a niche in the industry, he finally established his own company in 1988. Roger has been married for 33 years, has four children and lives in Centennial, Colorado. Tyler Warmbold, Co-President Tyler is from Tennessee and has lived in Colorado for 10 years. He started in the building service industry with Metro Building Services and has grown within the company to Owner/President. Metro and Regal merged this year to better position each company in the facility service industry. Tyler works along with Roger in providing a variety of building maintenance solutions. Tyler has been married for 8 years, lives in Denver, Colorado, and has two young boys that always keep him on the go. Mike Grabb, Chief Operating Officer Mike graduated from the University of Kansas with a Bachelor's in Communication Studies. He started in the building services industry when he moved to Colorado in 2006 as a Quality Control Manager for City Wide Maintenance and joined Regal in 2009. He currently oversees operations in six states and has experience in a plethora of floor care services, remodel/renovation, event coordination, and a wide variety of other facility maintenance services. Mike resides in Highlands Ranch, Colorado when he is not spending his time enjoying his hobbies in the Rocky Mountains. Jordan Hussung, Colorado Operations Manager Jordan is a native to Colorado and currently resides in Aurora. He joined Regal in 2013 and has worked in the building services industry for over seven years. Prior to working with Regal, Jordan spent five and a half years in property/office management with Brooks Tower Residences. He is the loving father of four children and spends his free time with his wife, Shaunda, and their children. He has a passion for cars, restoration hobbies, and is an avid sports fan. 3 Page 337 of 402 THE ESSENTIALS Resources Labor is the most significant cost associated with this service. Supporting our labor is the focus of our management team. The success of an account depends on this support. We want our customers to know and feel like they have an exceptional staff servicing their account and this feeling comes from the comradery and teamwork we encourage and support. We evaluate and provide the most effective chemicals, tools, and equipment available in the cleaning process, and we train our teams ourselves. This allows our cleaners to perform their job efficiently and with ease; making the cleaning process a positive experience for our customers and crews. Processes There are processes for every area in delivering a quality janitorial service; hiring, training, transition, supervision, periodic tasks, ordering supplies, inspections, and communication. We train and support our staff for those areas that are applicable to their function. By putting an emphasis on the processes, we aim to deliver a consistent and quality driven janitorial service. Communication We place a high value on communicating effectively with all stakeholders. We start by listening to our clients and our employees and encourage feedback from both in order to stay well informed and achieve the desired results quickly and efficiently. Communicating effectively is important to the long-term survival of our business relationship. Not only will you have the chance to visit with representatives of our team face to face on a frequent basis, we are available office phone, cell phone, e-mail, and Regal also offers a 24/7 Emergency Contact Number in the event you require an urgent response. We can be reached day or night, 365 days per year. Hiring and Training Our cleaners are acquired predominantly through a referral program. We work with key personnel in our company to identify candidates who are subsequently brought in for interviews. We perform background checks after the interview if we find that a working relationship might be compatible. All cleaners are required to sign off on company rules and regulations that we walk them through and are strictly enforced. We follow all state and federal guidelines for hiring employees within our company. Once new cleaners are on-boarded, we assign them to facilities with seasoned crews and supervisors and work with them continuously through a mentoring program. Cleaners quickly learn and adopt correct and safe cleaning techniques from what to look for, the proper equipment to utilize, correct procedures to follow as well as physical safety, chemical safety, and facility liability reviews. Cleaners are taught strategies such as mopping the outline of an area first to avoid mop splash and then completing the inside of that outline as they clean themselves out of rooms/spaces. They are shown correct dilution ratios of the variety of cleaning agents they utilize daily. Cleaners are 4 Page 338 of 402 shown many liability concerns from causing damages to certain floor types/furniture/materials, how to avoid physical strain/injury, and how to properly secure areas/entries of the facilities they are responsible for while on site. They are taught the correct, touch-surfaces that require disinfectant agents including proper dwell times. These lessons, and more, are conducted consistently for the first 30/60/90 days and randomly tested before approval is given to work more autonomously. This process is managed closely by upper management to ensure a thorough list of acclimation items are completed. Mitigating turn-over Having loyal and trustworthy employees at your facilities will ensure that we are going to be successful for the long-term. Our industry is notorious for labor turnover and we recognize the setbacks in frequent turnover. Further we understand the time, energy, and expense associated with training, so we have a heavy focus on retaining our workforce as it truly behooves us all. As such, we go to great lengths to ensure our employees feel that they are treated professionally, respectfully, and that they constantly feel the support of our management teams. By going to great lengths to listen to our employees as well as our customers, we have developed a labor force with high integrity and low turnover. Managing of periodic schedules There are several tasks that are periodic and that may apply to the functions of our utility specialists and/or floor techs. We utilize scheduling software that allows for these more infrequent items to be managed efficiently and customized however the City would like. Even with set periodic schedules, items can become cumulative with improper intervals or, potentially, situations present where pre-determined schedules can be too frequent. Our systems assists us in knowing when those infrequent services are upcoming and track previous service intervals to occasionally make suggestions/recommendations that are ideal given all circumstances. This allows for efficient and often more economical services over the long-term. Based off of our scheduling software, our managers assign them to our crews through a Supervisor or “go to person” that will ensure the periodic tasks are being fulfilled as scheduled. Follow-up We constantly seek feedback and follow up from our clients for services performed. Accountability is very important in order to deliver on our commitments and striving to acquire that feedback lends to a higher level of accountability and a successful partnership. We utilize customer feedback/satisfactions forms, follow-up calls and/or physically inspect after most utility services are completed. Inspectors, supervisors, night managers, and day managers are all a part of our follow-up processes. Furthermore, we welcome site walks with appropriate management to ensure we are meeting the needs of our clients and achieving the desired results. 5 Page 339 of 402 EXECUTION OF CONTRACT We intend to provide cleaning services to the City of Englewood by utilizing a multitude of nighttime cleaning crews and day porters to perform the regular, on-going cleaning duties. These cleaning crews and porters have the required experience, knowledge, support, and credentials to perform all of the duties listed in the specifications sheet. They work under our supervisors and night managers who work to ensure the scope of work is completed and done correctly. The supervisors and night managers will also handle some of the cleaning responsibilities, call in one of our many floaters or directly fill any voids for anyone who might call out for whatever reason, and train replacement cleaners should the need arise. The supervisors and night managers are overseen by our day management team who assigns them to monitoring and reporting back on all periodic work (ie. Weekly, monthly, quarterly, annually). As an additional means of control, all of the work performed overnight will be inspected regularly by one (or more) of our many tenured quality control inspectors and/or management team members who are completely independent of the cleaning crews. Inspectors are trained and knowledgeable on cleaning practices/techniques and have a keen “eye” for identifying any non-compliance issues. They use the same cleaning specifications that the cleaning crews follow in order to provide us a non-bias opinion of the work actually being performed and alert us to possible problems for a pro-active approach. The reports our inspectors provide our management teams are another extremely important means of quality control and non-compliance resolution. First, these reports are reviewed with the cleaners so they know the areas to put additional focus on and often provided to the supervisors and/or night managers for confirmation of immediate correction. Secondly, all the data on the inspection report checklist is quantified and tracked for semi-monthly reporting on which issues repeated, how many times, and the score associated with the cleaner’s performance. This gives us a quick bird’s eye view of the overall direction our services are trending and greatly assists us in working efficiently and effectively. Based on the information provided in the RFP and from our initial walks of the facilities, we anticipate utilizing the follow staffing at the respective locations: 6 Page 340 of 402 WORK PLAN Civic Center # of Crew Nightly Hrs Monthly Night Hrs Day Porter 1 See Exhibit 1a See Exhibit 1a Week Nights (5) 3 - 5 16 346 Weekend Nights (2) 2 6 52 398 Recreation Center Day 2 See Exhibit 1a See Exhibit 1a Nights (7/wk) 4 12 364 Malley Center Nights (6/wk, M-Sa) 4 7 182 Service Center Week Nights (5) 2 7 152 Broken Tee Day 1 See Exhibit 1a See Exhibit 1a Nights (7/wk) 2 2 61 Pirate's Cove Day 1 See Exhibit 1a See Exhibit 1a Police Department Day 2 See Exhibit 1a See Exhibit 1a Nights (7/wk) 6 18 546 Allen Water Plant Day 1 See Exhibit 1a See Exhibit 1a South Platte Renew Week Nights (5) 3 13 281 7 Page 341 of 402 EXPERIENCE AND REFERENCES AlloSource Regal Facility Management has partnered with AlloSource since August of 2012. We assisted AlloSource in creating, implementing, and executing a janitorial program that addresses their specific needs. We started by managing the nightly cleaning contract and creating a floor finish program that addressed the varying traffic in different departments throughout the facility while staying within the desired budget. That quickly grew to providing a day porter schedule 7 days per week as well as managing the carpet and window cleaning schedules. A facility of this complexity, operating 24 hours a day with mandated compliance to specific Federal regulations, has extremely high standards in the way it is cleaned, sanitized and maintained. There are many different “areas” in terms of how the facility is used. The building has executive and administrative offices, active laboratories, large freezer rooms that house the sensitive products being developed, CareHere Clinic, small auditoriums for demonstrations and classes, common areas for the public, work out facilities for the staff, restrooms, locker rooms with showers, conference rooms, kitchens and cafeterias. Each of the areas listed above have a cleaning and maintenance specification specifically designed to meet the need. We achieve the completion of these various specifications with day porters, night cleaners, night mangers, E-mist technicians, floor finish specialists, and inspectors. AlloSource For reference, please call: Director of Facilities, Justin Haynes at 720-873-0213 South Suburban Recreation Center - Buck We have been and continue to provide services for South Suburban since coming onboard January 2nd of 2020. Currently, we service the Goodson, Buck, and Lone Tree recreation centers and we were recently awarded both the Littleton Golf & Tennis Club as well as the new Highlands Ranch Sports Complex! The South Suburban management team has the ability to reach us 24 hours a day should an urgent matter or emergency arise. Additionally, they see and communicate 8 Page 342 of 402 with our CO Operations Manager, Jordan, regularly. The crews work is inspected routinely by our management and inspectors. Expectations of the facilities and their requirements are well understood across all channels of our organization. Issues or concerns are handled promptly for correction and often caught internally before coming to the attention of others. Our systems and programs are instrumental in delivering a final product that South Suburban management has come to depend on. We cooperate and co-exist well in order to meet the facility maintenance needs. South Suburban Recreation Centers For reference, please call: Facilities, Pat Dobbs at 303-730-4613 Denver Center for the Performing Arts Regal Facility Management has contracted with the Denver Center for the Performing Arts (DCPA) complex since January of 2009. Owned by the City of Denver, The DCPA Complex is the second largest performance facility in the United States and is managed by a non-profit organization by the same name. In January of 2009, DCPA management contacted Regal Facility Management to help implement a cleaning and day porter service program to be used in the many unique and varying theaters, event rooms, and administrative office complex. We designed and implemented multiple programs to help the DCPA staff maintain the day to day requirements. Our relationship with DCPA continues as we provide nightly cleaning services in the 110,000 square foot administrative office building as well as the on- call cleaning projects in the various theaters, halls, and event rooms in the complex. Denver Center for the Performing Arts For reference, please call: Chief Operating Officer, Gretchen Hollrah at 720-272-1169 9 Page 343 of 402 Park Meadows Retail Resort Regal Facility Management has been under contract with The Park Meadows Retail Resort since February of 1997. We have worked with Park Meadows to develop and provide a maintenance system for the wood floors that includes nightly cleaning and polishing as well as semi-yearly screening and urethane application. We have also created a monthly maintenance program of wood flooring repair and handle all of the demo/install required for the entire resort. We have been assigned as their mandatory service provider of wood flooring. Over the years, the relationship has expanded to allow Regal Facility Management an opportunity to work with the facility in a much broader sense. We have managed various services such as specialized wood refinishing of furniture and hand railings, upholstery repair / replacement, stone restoration, tile restoration / repair, carpet cleaning / maintenance / replacement and creation of custom rug inlays. We feel we are a valued partner of our client and its management team. There are many unique needs that arise which can be hard to find specialized tradesman for. Our company prides itself on thinking outside the box to assist in those situations and provide solutions for the challenges that arise for this facility and its property. We don’t waste time focusing on the difficulties a facility such as this is faced with; instead, we focus on what we can do to be of assistance and provide solutions for the resort so they can focus on their primary objectives. Park Meadows Retail Resort: For reference, please call: Senior Operations Manager, Willie Pollard at 720-420-2172 10 Page 344 of 402 1 of 44 pages REQUEST FOR PROPOSALS RFP-21-042 Date Issued: September 9, 2021 Proposal Due Date: September 28, 2021 Custodial/Janitorial Services for City Facilities Page 345 of 402 2 of 44 pages TABLE OF CONTENTS SECTION PAGE 1. SOLICITATION 3 2. CITY INFORMATION 9 3. CITY FACILITIES 10 4. SELECTION SCHEDULE/KEY DATES 12 5. SCOPE OF WORK 13 6. PROPOSAL CONTENT 30 7. SELECTION PROCESS 32 8. SELECTION CRITERIA 34 ATTACHMENTS ATTACHMENT A: SAMPLE CONTRACT ATTACHMENT B: CITY FACILITIES MAP ATTACHMENT C: PERSONNEL REQUIREMENTS ATTACHMENT D: FACILITIES INFORMATION, BY BUILDING EXHIBITS TO PROPOSAL EXHIBIT 1a & 1b: COST PROPOSAL FORMS EXHIBIT 2: SUBMISSION ACKNOWLEDGEMENT EXHIBIT 3: MINIMUM INSURANCE REQUIREMENTS EXHIBIT 4: QUALIFICATION STATEMENT Page 346 of 402 3 of 44 pages 1. SOLICITATION The City of Englewood is requesting proposals from experienced qualified applicants to provide custodial services at various city facilities. The selected Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform the work as defined in this document and the various attachments. This Request for Proposals (“RFP”) provides a general description of services anticipated, specifies submittal requirements, identifies selection criteria, and explains the selection process. This RFP is available on the Bidnet (bidnetdirect.com) system. All addenda or amendments shall be issued through the Bidnet system and will not be available through any other source. A response to this RFP (a “Proposal”) should serve as a complete and detailed approach to providing the required services (the “Services”). The Proposal and resulting contract are intended to be comprehensive. Separate proposals for any single portion of the Services will not be considered, unless specifically stated within the RFP. The objective is for entities responding to this RFP (“Respondents”) to submit sufficient information to allow the City to select a Contractor to enter into a contract with full service commencing on or around November 1, 2021, for a one-year service term, which may be extended for up to two (2) additional, optional one-year periods subject to annual review of performance and availability of funds. This RFP is not a contractual offer or commitment to purchase products or services. The Respondent may present options and variables to the scope while still meeting the minimum requirements of this solicitation. Innovative proposals/solutions that recognize elements unique to the City are encouraged and will be considered in the selection and/or award. All information included in the Proposal must be legible. Any and all corrections and or erasures must be initialed by the Respondent. Each proposal shall be accompanied by a cover letter signed by an authorized representative of the Respondent. The contents of the Proposal submitted by the successful Respondent may become part of any contract awarded as a result of this solicitation. 1. ADDENDA Addenda to this RFP may be issued at any time prior to the time set for receipt of Proposals. Respondents are required to acknowledge receipt of any addenda issued to this RFP by acknowledging receipt in its Proposal. The City will post all addenda on the BidNet website. It is the Respondent's responsibility to check the website for posted addenda. Page 347 of 402 4 of 44 pages 2. SUBMITTALS Respondents shall submit two (2) hard copies of the proposal and one digital copy on a flash drive (flash drives must be in a labeled envelope). Proposals must be submitted in a sealed envelope, box, or other container. Upon submission, all documents shall become, and remain, the property of the City. In the case of a contradiction or inconsistency between the hard copy and electronic copy, the hard copy shall prevail. Any costs of proposal preparation are not a reimbursable cost. Proposal costs shall be at the Respondent’s sole expense. 3. WITHDRAWAL OR MODIFICATION OF PROPOSALS Any Respondent may modify or withdraw an offer in writing at any time prior to the deadline for submission of an offer. 4. PERIOD OF ACCEPTANCE Any offer received and not withdrawn shall be considered an offer, which may be accepted by the City based on initial submission without discussions or negotiations. By submitting an offer in response to this solicitation, the Respondent agrees that any offer it submits may be accepted by the City at any time within 120 calendar days from the date of submission deadline. The City reserves the right (a) to reject any or all offers, (b) to waive informalities and minor irregularities in offers received, and/or (c) to accept any portion of an offer if deemed in the best interest of the City. Failure of the Respondent to provide in its offer any information requested in the RFP may result in rejection of the offer for non-responsiveness. 5. CONFIDENTIAL OR PROPRIETARY INFORMATION If a Respondent believes that parts of an offer are confidential, then the Respondent must so specify in writing, in the Proposal. The Respondent must include in bold letters the term “CONFIDENTIAL” on that part of the offer which the Respondent believes to be confidential. The Respondent must submit in writing specific detailed reasons, including any relevant legal authority, stating why the Respondent believes the material to be confidential. Vague or general claims as to confidentiality will not be accepted. Respondent pricing is not considered an element subject to confidentiality. The City will be the sole judge as to whether a claim is acceptable. Decisions regarding the confidentiality of information will be made when requests are made to make the information public. All offers and parts of offers, which are not marked as confidential, will automatically be considered public information after the contract is awarded. The successful offer may be considered public information even though parts are marked confidential. Page 348 of 402 5 of 44 pages 6. SUBSTANTIVE PROPOSALS By responding to this RFP, the Respondent certifies (a) that Respondent’s Proposal is genuine and is not made in the interest of, or on behalf of, an undisclosed person, firm, or corporation; (b) that Respondent has not directly or indirectly induced or solicited any other Respondent’s to put in a false or sham proposal; (c) that Respondent has not solicited or induced any other person, firm, or corporation to refrain or abstain from proposing an offer or proposal; (d) that Respondent has not sought by collusion to obtain for themselves any advantage over any other Respondent’s or over the City; and (e) that Respondent has not violated or caused any person to violate, and shall not violate or cause any person to violate, the City’s Procurement Policy. 7. RESPONDENT’S QUALIFICATIONS Each Respondent shall complete, and submit with its proposal, Exhibit 4 – Qualification Statement. No contract will be awarded to any Respondent who is in arrears to the City, upon any debt or contract, or who is in default, in any capacity, upon any obligation to the City or is deemed to be irresponsible or unreliable by the City based on past performance. 8. ANTI -COLLUSION AFFIDAVIT The Respondent by signing the proposal submitted to the City is certifying that the Respondent has not participated in any collusion or taken any action in restraint of free competitive Proposal bidding. This statement may also be in the form of an affidavit provided by the City and signed by the Respondent. The original of the signed anti- collusion affidavit, if separately required and provided with the RFP, shall be submitted with the proposal. The proposal will be rejected if it does not contain the completed anti-collusion affidavit. 9. CONTRACT AWARD The City intends to make an award using the evaluation criteria listed in this RFP to determine the best value, considering all factors and criteria in the proposals submitted. Best value means the expected outcome of an acquisition that, in the City’s estimation, provides the greatest overall benefit in response to the requirements detailed in the RFP. The City reserves the right to a single award, multiple awards or reject any or all offers and to not make an award. 10. NOTICE TO PROCEED Work may not start under any awarded contract until a formal, written Notice to Proceed is issued by the City. The City may issue the Notice to Proceed any time after the contract is signed and, if required, insurance and bonds have been provided in accordance with these solicitation documents. 11. NON-COLORADO ENTITIES If Respondent is a foreign entity, Respondent shall comply with C.R.S. section 7-90-801, “Authority to transact business or conduct activities required,” and C.R.S. section 7-90-802, Page 349 of 402 6 of 44 pages “Consequences of transacting business or conducting activities without authority.” Before or at the time that the contract is awarded to an entity organized or operating outside the State of Colorado, such entity shall obtain authorization to do business in the State of Colorado, designate a place of business herein, and appoint an agent for service of process. Such entity must furnish the City with a certificate from the Secretary of the State of Colorado to the effect that a certificate of authority to do business in the State of Colorado has been issued by that office and is still valid. The entity shall also provide a certified copy of the designation of place of business and appointment of agent for service of process from the Colorado Secretary of State, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process has been made. 12. PROCUREMENT RULES AND REGULATIONS All projects advertised by the City are solicited in accordance with the City's Procurement Policy. The City's Procurement Policy can be viewed and/or downloaded from the City’s website at: https://www.englewoodco.gov/inside-city-hall/city-departments/financial-services. Any discrepancies regarding conflicting statements, decisions, irregularities, clauses, or specifications will be rectified utilizing the City’s Procurement Policy, when applicable. It is the Respondent’s responsibility to advise the City, in writing, of any perceived discrepancies prior to the date and time the Offer is due. 13. TAXES The successful Respondent, if awarded a contract, shall be responsible for all taxes and fees associated with performance of this contract. Proposals shall be inclusive of all taxes in relations to the performance specified herein. Page 350 of 402 7 of 44 pages Pre-Proposal Conference A pre-proposal conference will be held on: Date: September 16, 2021 Time: 2:00 p.m. MST Location: On-line TEAMS Meeting Please contact John Slater at jslater@englewoodco.gov to be included on the list of attendees and receive the meeting invitation. Pre-Proposal Site Visit Contractors may arrange to tour one or more of the city facilities by contacting Jeff Wenda at jwenda@englewoodco.gov and arranging a mutually convenient time. Multiple contractors may participate in the same site visit., at city staff’s discretion. RFP Question Deadline All questions regarding RFP requirements shall be submitted in writing (via email only) to the following person: John Slater, Procurement Specialist jslater@englewoodco.gov Date: September 20, 2021 Time: 2:00 p.m. MST A written response to all questions posed shall be provided in the form of an Addendum to the solicitation and posted on BidNet on or before September 23, 2021. Proposal Due Date & Time Proposals are due: Date: September 28, 2021 Time: 2:00 p.m. MST Proposals shall be submitted as follows: Location: City of Englewood Civic Center 1000 Englewood Parkway Englewood, CO 80110 Page 351 of 402 8 of 44 pages Identification of Proposals The solicitation number and due date for submission of Proposals must be clearly marked on the outside of the container as follows: Proposal No.: COF21-RFP-21-042, Custodial Services for City Facilities Attention: John Slater Due Date: September 28, 2021 Time: 2:00 p.m. Company: Any Proposal that is submitted without being properly marked may be opened for identification prior to the deadline for receipt of Proposals and then resealed or it also may be rejected as non-responsive. Late proposals will not be accepted. It is the sole responsibility of the Respondent to ensure its Proposal is received by the City by the date and time stated above. Proposals shall not be submitted via facsimile or email. Respondents are cautioned not to undertake any activities or actions to promote or advertise their submittal, other than discussions with City staff as described in this RFP. After the release of this RFP, Respondents are not permitted to make any direct or indirect contact with members of the Selection Committee, the City Council, staff or media on the subject of this RFP, except in the course of City-sponsored presentations. Violation of these rules is grounds for disqualification of the Respondent. Page 352 of 402 9 of 44 pages 2. CITY INFORMATION ABOUT ENGLEWOOD Englewood is a full-service community offering police, fire and emergency medical services, water and sanitary sewer, construction and maintenance of streets, infrastructure, and other public improvements, recreational activities and cultural events, municipal court services, planning and zoning services, and general governmental services. Centrally located within the Denver metropolitan area, the City of Englewood offers a small town atmosphere of community with all of the benefits of a larger metropolitan area nearby. Just south and adjacent to Denver, Englewood is ideally situated for citizens, businesses, and visitors and is home to more than 35,200 residents. Learn more at www.englewoodco.gov. ORGANIZATION The City of Englewood is a home-rule municipality operating under a council-manager form of government, where an elected City Council appoints a City Manager, who serves as chief executive officer of the organization. The City Manager administers and implements the vision and objectives established by the City Council. The City was incorporated in 1903, and the City Charter was adopted by residents in 1958. The City Council is made up of seven members elected on a non-partisan basis. One representative is elected from each of the City's four districts, and three members are elected at large. Council Members serve four-year terms. The Mayor and the Mayor Pro Tem are elected by the Council. Page 353 of 402 10 of 44 pages 3. CITY FACILITIES The goal of the Program is to provide efficient custodial services in a cost-effective manner so as to enhance the safety and aesthetics of the city’s facilities. The following table gives a brief overview of the various facilities included in this Request for Proposal. More information on each facility can be found in Attachment D. LOCATION TOTAL SQUARE FOOTAGE CLEANING FREQUENCY Civic Center (3RD floor) 1000 Englewood Parkway 43,400 Monday-Friday Civic Center (2ND floor) 1000 Englewood Parkway 30,400 Monday-Friday Civic Center (1st Floor/Library) 1000 Englewood Parkway 38,800 Monday-Saturday Recreation Center 1155 W Oxford Ave. 43,050 Monday-Sunday Malley Center 3380 S Lincoln St. 23,250 Monday-Saturday ServiCenter 2800 S Platte River Dr. 8,800 Monday-Friday Pirate’s Cove Water Park 1225 W Belleview Ave. 5,500 Monday-Sunday seasonal Broken Tee Golf Course 2101 W. Oxford Ave. 4,900 Monday-Sunday, 05/01 thru 10/31 Broken Tee Golf Course 2101 W. Oxford Ave. 4,900 Monday-Friday, 11/01 thru 04/30 South Platte Renew – Wastewater Treatment Plant (various bldgs.) 2900 S. Platte River Dr. 33,240 Monday-Friday Page 354 of 402 11 of 44 pages The following location may or may not be included in the final contract or, possibly, in a future amendment to the contract. LOCATION TOTAL SQUARE FOOTAGE CLEANING FREQUENCY Police Headquarters Bldg. (1ST Floor) 3615 S Elati Ave. 21,800 Monday-Sunday Police Headquarters Bldg. (2nd Floor) 3615 S Elati Ave. 24,500 Monday-Sunday Charles Allen Water Treatment Plant 1500 W. Layton Ave. 9,500 Monday - Friday Page 355 of 402 12 of 44 pages 4. SELECTION SCHEDULE / KEY DATES The selection process includes the following steps and schedule: Publication of RFP September 9, 2021 Pre-Proposal Meeting September 16, 2021 Deadline for submitting questions on the RFP September 20, 2021 Responses to questions posted via addendum September 23, 2021 Proposal Submittal Deadline September 28, 2021 Recommendation to Select Contractor October 4, 2021 City Council Contract Approval October 18, 2021 Start of Service (approximate) November 1, 2021 The City reserves the right to modify or waive any date or timeline under this schedule, as needed. All dates after the Proposal Submittal Deadline are estimates. Page 356 of 402 13 of 44 pages 5. SCOPE OF SERVICES The scope of work consists of all qualified labor and supervision to perform routine custodial / janitorial maintenance services using City-supplied equipment and supplies or pre-approved, Contractor-supplied equipment and supplies. Any equipment or supplies brought onto any City property from the Contractor shall be of their own accord and shall meet all safety/OSHA approved regulations. City-provided materials and equipment shall be maintained in good working order and, if damaged or lost, will be immediately replaced and or repaired to the City’s acceptance, at Contractor’s cost. All work shall comply in every respect with City and State regulations and laws. The general standards for the performance of services and facility-specific standards (including frequency) are outlined in the Scope of Work. The Contractor shall conduct cleaning in such a manner that there will be no interruption in, or interference with the proper execution of the city’s various functions. Any work that is unsatisfactory to the City’s representative will be called to the attention of the Contractor. The Contractor will be required to properly service the area in question within one (1) business day. The Contractor shall also take steps to improve the overall results for future, similar situations. Failure by the Contractor to comply with such requests will result either in 1) the corrective work being done by others with the cost charged back against the Contractor, or 2) by deductions being imposed on the next monthly invoice. If the Contractor fails to rectify the unsatisfactory conditions, the Contract may be terminated. The Contractor shall take all precautions necessary for the protection against injury of all persons engaged at the site in the performance of this contract. The Contractor shall observe all pertinent safety practices and comply with applicable safety regulations. The Contractor shall be responsible for all damages to persons or property that occurs as a result of the Contractor’s fault or negligence in connection with the execution of the contract, and shall be responsible for the proper care and protection of work performed. Breakage or loss of city property or structures which may occur in or about a building as a result of the Contractor’s employees, shall be repaired or replaced at the Contractor’s expense. The Contractor shall conduct a weekly quality control inspection by the designated Contractor representative. A written report of deficiencies shall be submitted to the City’s Page 357 of 402 14 of 44 pages representative after each inspection. The Contractor shall rectify any observed deficiencies within one (1) business day. The Contractor is required to have no less than (1) one mobile Supervisor/Lead person to verify that each property is properly serviced on each service day. The Contractor must comply with all local and State laws, rules and regulations. The Contractor will track and audit all materials, tools and supplies required to perform the work. The Contractor shall be responsible for obtaining such supplies, materials and parts if not provided by the City. If supplies are not supplied by the City, Contractor will be required to submit Safety Data Sheets (SDS) prior to use. Such supplies, materials and parts shall be billed with a markup as identified in the bid form. Verification of Services Contractor must have a system in place to verify and ensure that any employees that are unable to normally attend work are covered and all work in the agreed upon Scope of Work is completed. This verification system must be pre-approved by the City. Safety The Contractor shall be responsible for all safety training, procedures and requirements. Observance of any employees working in an unsafe manner shall be grounds for issuance of a suspension of work by the City and, possibly, termination of the contract. The Contractor must ensure that all employees working on City grounds have passed all applicable health certifications, such as handling Bloodborne Pathogens. On Call/Emergency Service The Contractor will be available “on call” on a 24-hour basis for any emergency that may occur, including holidays. Response time to emergencies and routine requests is expected to be timely. City Holidays currently include: New Year's Day; Martin Luther King Day; President's Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Day After Thanksgiving; Christmas Day. No Minimum Service Requirements Services shall be provided by the Contractor on an as-needed, non-exclusive basis. The City does not represent that it will utilize any Contractor’s services in any guaranteed amount. No minimum dollar amount is guaranteed by the City. The City reserves the right to utilize other contractors to perform aspects of the work. Contract Requirements The Contractor shall perform all Services in accordance with the executed Contract and shall comply with all of its terms and conditions. The Contract contains requirements that shall be the Contractor’s responsibility, including without limitation: Page 358 of 402 15 of 44 pages • Insurance; • Indemnity; • City Sales & Use Tax; • Invoice & Payment Terms; • Licenses & Permits. Security Prior to beginning work under this Contract, the Contractor must obtain a background clearance using Colorado Data Base Investigations and/or Colorado Bureau of Investigations-Crime Information Center. The City may deny clearance to any person who: • Has an active criminal arrest warrant; • Has a felony arrest or conviction; • Has a drug-related misdemeanor or drug-related petty offensive conviction; • Has a non-drug-related misdemeanor or a petty offensive conviction within the past three (3) years; • Is a suspect in an active criminal investigation; • Was previously terminated from employment by the City of Englewood; • Is determined to be a threat to the safety of persons or property or to the confidentiality of City information. Such identification tags shall be displayed, in an easily seen manner, on all employees while working in City buildings. Identification tags and access fobs shall immediately be returned to the City Representative when the employee no longer works for the Contractor in City facilities. Any Contractor employee without a properly displayed identification card is subject to immediate eviction from the City facility. The Contractor shall provide the City with a current and complete list of the names, I.D. card numbers, address and telephone numbers of all Contractor personnel providing services under this agreement. The Contractor shall keep this list current and shall immediately inform the City of all personnel changes. If an employee assigned to perform the services is arrested for, or convicted of, any crime the employee and the Contractor shall promptly notify the City’s representative. Failure to notify of an arrest or conviction shall be cause for termination of the Contract. Energy Conservation The Contractor shall instruct all employees performing work within the facility to utilize methods which will maximize energy conservation. This shall include the turning on of lights ONLY IN THE AREAS where work is in progress, and turning off all lights when Page 359 of 402 16 of 44 pages work is completed. A. Daily Services The Contractor shall satisfactorily perform the following janitorial/custodial services on a DAILY basis at each facility: 1. COMMON AREAS Refuse Containers • Empty Containers/Replace Liners - All refuse containers shall be completely emptied and a clean, appropriately sized liner installed. If liner is clean and not torn, it does not need to be replaced. • Wipe Clean Containers – Containers shall be damp wiped clean to remove stains, smudges and dried refuse. • Recycling Containers – Recycling containers for all recyclables are to be emptied into a large, area bin. • Area Recycling Bins – Checked to determine level of bin and empty into dumpster if needed. Clean & Disinfect • Handles & Handrails – Clean and disinfect door handles and handrails as well as elevator buttons. • Drinking Fountains –Fountains are to be disinfected and free of water spots, stains and smudges. • Furniture Placement – Furniture, chairs, refuse and recycling containers are to be placed back in their appropriate places. • Damp Wipe – Non-porous furniture shall be damp wiped with disinfectant to remove stains, smudges and dried refuse. • Vacuum – Upholstered furniture shall be vacuumed, clean, and debris free. Windows, Glass & Blinds • Clean Entry Glass – Entry glass shall be clean and streak free, inside and out to head height (six feet high). Carpet • Vacuum Carpet – Carpeted areas of lobbies, hallways, corridors, dining rooms, entrances, entry mats and offices are to be vacuumed dirt free. Furnishings (chairs and waste baskets, etc.) are to be returned to their original locations after vacuuming. • Vacuum Walk Off Mats – All mats are to be vacuumed dirt free including underneath the mats. Hard Surface Flooring • Sweep Flooring- Hard surface flooring shall be swept so as to leave floor in a dirt (dust) free state. • Damp Mop Flooring – Hard surface floor surfaces shall be damp mopped using a neutral floor cleaner. Stairs • Sweep Stairs – Stairs and landings shall be swept with a broom so as to leave the floor in a dirt and dust free state. Page 360 of 402 17 of 44 pages • Mop Stairs – All stairwells shall be mopped to remove spills. 2. OFFICE AREAS Refuse Containers • Empty Containers/Replace Liners - All refuse containers shall be completely emptied and a clean, appropriately sized liner installed. If liner is clean and not torn, it does not need to be replaced. • Wipe Clean Containers – Containers shall be damp wiped clean to remove stains, smudges and dried refuse. • Recycling Containers – Recycling containers for all recyclables are to be emptied into a large, area bin. • Area Recycling Bins – Checked to determine level of bin and empty into dumpster if needed. Clean & Disinfect • Handles & Handrails – Clean and disinfect door handles and handrails. Furniture • Placement – Furniture, chairs, refuse and recycling containers are to be placed back in their appropriate places. • Damp Wipe – Non-porous furniture shall be damp wiped with disinfectant to remove stains, smudges and dried refuse. Items located on work surface shall not be disturbed. Windows, Glass & Blinds • Clean Entry Glass – Entry glass shall be clean and streak free, inside building to head height (six feet high). Carpet • Vacuum Carpet – Carpeted areas of lobbies, hallways, corridors, entrances, entry mats and offices are to be vacuumed dirt free. Furnishings (chairs and wastebaskets, etc.) are to be moved and returned to their original locations after vacuuming. Hard Surface Flooring • Sweep Flooring- Hard surface flooring shall be swept so as to leave floor in a dirt (dust) free state. • Damp Mop Flooring – Hard surface floor surfaces shall be damp mopped using a neutral floor cleaner. Page 361 of 402 18 of 44 pages 3. KITCHEN AREAS (excluding Golf Course kitchen) Refuse Containers • Empty Containers/Replace Liners - All refuse containers shall be completely emptied and a clean, appropriately sized liner installed. If liner is clean and not torn, it does not need to be replaced. • Wipe Clean Containers – Containers shall be damp wiped clean to remove stains, smudges and dried refuse. • Recycling Containers – Recycling containers for all recyclables are to be emptied into a large, area bin. • Area Recycling Bins – Checked to determine level of bin and empty into dumpster if needed. Clean & Disinfect • Handles & Handrails – Clean and disinfect door handles and handrails. • Drinking Fountains/Water Dispensers – Fountains and dispensers are to be disinfected and free of water spots, stains and smudges. • Furniture Placement – Furniture, chairs, refuse and recycling containers are to be placed back in their appropriate places. • Damp Wipe – Non-porous furniture shall be damp wiped with disinfectant to remove stains, smudges and dried refuse. Hard Surface Flooring • Sweep Flooring- Hard surface flooring shall be swept so as to leave floor in a dirt (dust) free state. • Damp Mop Flooring – Hard surface floor surfaces shall be damp mopped using a neutral floor cleaner. Page 362 of 402 19 of 44 pages 4. FITNESS ROOMS Refuse Containers • Empty Containers/Replace Liners - All refuse containers shall be completely emptied and a clean, appropriately sized liner installed. If liner is clean and not torn, it does not need to be replaced. • Wipe Clean Containers – Containers shall be damp wiped clean to remove stains, smudges and dried refuse. • Recycling Containers – Recycling containers for all recyclables are to be emptied into a large, area bin. Clean & Disinfect • Handles & Handrails – Clean and disinfect door handles and handrails. • Drinking Fountains –Fountains are to be disinfected and free of water spots, stains and smudges. • Damp Wipe – Non-porous furniture shall be damp wiped with disinfectant to remove stains, smudges and dried refuse. Windows, Glass & Blinds • Clean Glass – Entry glass shall be clean and streak free, inside and out to head height (six feet high). • Mirror Cleaning – Mirrors to be cleaned with a glass cleaner to leave glass in spot free, streak free condition Carpet • Vacuum Carpet – Carpeted areas are to be vacuumed dirt free. Furnishings are to be returned to their original locations after vacuuming. Flooring • Sweep Rubber Floors – Resilient rubber flooring shall be vacuumed or swept so as to leave the floor in a dirt (dust) free state. • Damp Mopping Rubber Flooring – Resilient floor surfaces shall be damp mopped to remove any dirt or spills. Scuff marks or stains are not expected to be removed with damp mopping. • Sweep Hardwood Flooring – Hardwood floor surfaces shall be swept with a broom or dust mopped as to leave the floor in a dirt (dust) free state. • Damp Mopping Hardwood Flooring – Hardwood floor surfaces shall be damp mopped to remove any dirt or spills. Scuff marks are not to be removed with damp mopping. Page 363 of 402 20 of 44 pages 5. RESTROOMS AND LOCKER ROOMS Refuse Containers • Empty Containers/Replace Liners - All refuse containers shall be completely emptied and a clean, appropriately sized liner installed. If liner is clean and not torn, it does not need to be replaced. • Wipe Clean Containers – Containers shall be damp wiped clean to remove stains, smudges and dried refuse. • Recycling Containers – Recycling containers for all recyclables are to be emptied and a clean, appropriately sized liner installed if needed. Clean & Disinfect • Handles & Handrails – Clean and disinfect door handles and handrails. • Drinking Fountains –Fountains are to be disinfected and free of water spots, stains and smudges. Restroom Fixtures • Restocking Dispensers – Restroom dispensers (paper towel, seat covers, toilet paper, soap, etc.) are to be checked daily. Dispensers shall be filled as needed or as directed by the City’s representative. Paper rolls shall only be replaced when totally empty, not when paper partially remaining. • Clean Dispensers, Walls and Partitions – Clean dispensers, walls and partitions to be free of soap scum, finger prints, dirt, smudges and graffiti. • Clean and Disinfect Restroom Fixtures – Clean and disinfect all porcelain and stainless steel sinks, faucets, counters, lockers, handles, toilets, urinals, and ensure urinal partitions to be free of deposits, stains, and soap. • Clean and Disinfect Fixture Exteriors – Fixtures (sinks, faucets, toilets, and urinals) exteriors, undersides, and bases are to be cleaned and disinfected with an appropriate cleaner as to remove any deposits which may occur. • Clean and Polish Chrome and Stainless Steel – Plumbing fixtures are to be cleaned and polished so as to product a shiny, fingerprint free appearance. Mirrors • Mirror Cleaning – Mirrors to be cleaned with a glass cleaner to leave glass in spot free, streak free condition Floor Drains • Flush Drains – No more than one gallon of water to be poured down drain to prevent drying out and eliminate odors. Hard Surface Flooring • Sweep Flooring- Hard surface flooring shall be swept so as to leave floor in a dirt (dust) free state. Materials being swept up shall not be swept into the floor drains. • Damp Mop Flooring – Hard surface flooring shall be damp mopped using a disinfectant. Shower Facilities • Clean and Disinfect Shower Stalls – Shower stalls and mats to be cleaned and disinfected to be free of deposits, stains and soap scum. Page 364 of 402 21 of 44 pages Lockers • Clean and Disinfect Locker Stalls – Locker stalls should be dusted from top to bottom and inside should be disinfected and wiped clean. 6. CONFERENCE ROOMS, COURT ROOM AND KITCHEN AREAS Refuse Containers • Empty Containers/Replace Liners - All refuse containers shall be completely emptied and a clean, appropriately sized liner installed. If liner is clean and not torn, it does not need to be replaced. • Wipe Clean Containers – Containers shall be damp wiped clean to remove stains, smudges and dried refuse. • Recycling Containers – Recycling containers for all recyclables are to be emptied and a clean, appropriately sized liner installed if needed. • Area Recycling Bins – Checked to determine level of recyclables and emptied into dumpster if needed. Clean & Disinfect • Handles & Handrails – Clean and disinfect door handles and handrails. • Drinking Fountains & Water Dispensers –Fountains and dispensers are to be disinfected and free of water spots, stains and smudges. • Appliances – Clean and disinfect surface and handles. Furniture • Placement – Furniture, chairs, refuse and recycling containers are to be placed back in their appropriate places. • Damp Wipe – Non-porous furniture shall be damp wiped with disinfectant to remove stains, smudges and dried refuse. Items located on surface shall not be disturbed. Windows, Glass & Blinds • Clean Entry Glass – Entry glass shall be clean and streak free, inside building to head height (six feet high). Carpet • Vacuum Carpet – Carpeted areas of lobbies, hallways, corridors, entrances, entry mats and offices are to be vacuumed dirt free. Furnishings (chairs and wastebaskets, etc.) are to be moved and returned to their original locations after vacuuming. Hard Surface Flooring • Sweep Flooring- Hard surface flooring shall be swept so as to leave floor in a dirt (dust) free state. • Damp Mop Flooring – Hard surface flooring shall be damp mopped using a disinfectant. Page 365 of 402 22 of 44 pages 7. GENERAL • Empty all collected trash into the provided containers at each facility for collection by the city’s contracted waste hauler • Empty all collected recycling materials into the provided containers at each facility for collection by the city’s contracted waste hauler • Organize each cleaning storage area • Throw away items left on the floor marked “trash” or items left near trash containers • Empty vacuum cleaner bags • Replenish mobile carts with supplies, as needed • Check that doors are closed and locked upon completion of each work area. Page 366 of 402 23 of 44 pages B. Weekly Services The Contractor shall satisfactorily perform the following janitorial/custodial services on a WEEKLY basis at each facility: 1. COMMON AREAS Refuse Containers • Clean & Disinfect Waste Receptacles – Containers shall be cleaned and disinfected so as to remove stains, smudges and dried refuse. Clean & Disinfect • Doors, Walls and Frames – Remove finger marks, furniture rubs, and scuff marks from walls, doors, frames, and kick plates. • Glass, Sills and Blinds – Interior glass shall be clean and streak free, inside building. Blinds and sills shall be dusted so as to remove dust and spider webs above head height (above six feet high). • Table & Desk Surfaces – Surfaces shall be disinfected. All wood furniture (desks and conference tables) shall be polished. • Vacuum – Upholstered furniture shall be vacuumed, clean, and debris free. • Elevators – Vacuum elevator door tracks. Polish/clean interior walls and exterior doors. 2. OFFICE AREAS Refuse Containers • Clean & Disinfect Waste Receptacles – Containers shall be cleaned and disinfected so as to remove stains, smudges and dried refuse. Clean & Disinfect • Doors, Walls and Frames – Remove finger marks, furniture rubs, and scuff marks from walls, doors, frames, and kick plates. • Glass, Sills and Blinds – Interior glass shall be clean and streak free, inside building. Blinds and sills shall be dusted so as to remove dust and spider webs above head height (above six feet high). • Table & Desk Surfaces – Surfaces shall be disinfected. All wood furniture (desks and conference tables) shall be polished. • Vacuum – Upholstered furniture shall be vacuumed, clean, and debris free. 3. KITCHEN AREAS Refuse Containers • Clean & Disinfect Waste Receptacles – Containers shall be cleaned and disinfected so as to remove stains, smudges and dried refuse. Clean & Disinfect • Doors, Walls and Frames – Remove finger marks, furniture rubs, and scuff marks from walls, doors, frames, and kick plates. Clean tile. • Cabinets – Wipe cabinet exteriors to remove dirt, grease, fingerprints, etc. Page 367 of 402 24 of 44 pages • Appliances – Remove finger marks, furniture rubs, and scuff marks from walls, doors, frames, and kick plates. Clean behind appliances. 4. FITNESS ROOMS Refuse Containers • Clean & Disinfect Waste Receptacles – Containers shall be cleaned and disinfected so as to remove stains, smudges and dried refuse. Clean & Disinfect • Doors, Walls and Frames – Remove finger marks, furniture rubs, and scuff marks from walls, doors, frames, and kick plates. • Glass, Sills and Blinds – Interior glass shall be clean and streak free, inside building. Blinds and sills shall be dusted so as to remove dust and spider webs above head height (above six feet high). 5. RESTROOMS AND LOCKER ROOMS Refuse Containers • Clean & Disinfect Waste Receptacles – Containers shall be cleaned and disinfected so as to remove stains, smudges and dried refuse. Clean & Disinfect • Doors, Walls and Frames – Remove finger marks, furniture rubs, and scuff marks from walls, doors, frames, and kick plates. • Glass, Sills and Blinds – Interior glass shall be clean and streak free, inside building. Blinds and sills shall be dusted so as to remove dust and spider webs above head height (above six feet high). • Tile – Clean all tile around doorways and near refuse containers to a streak-free shine. • Baseboards – Clean all baseboards to a streak-free shine. 6. CONFERENCE ROOMS AND COURT ROOM Refuse Containers • Clean & Disinfect Waste Receptacles – Containers shall be cleaned and disinfected so as to remove stains, smudges and dried refuse. Clean & Disinfect • Doors, Walls and Frames – Remove finger marks, furniture rubs, and scuff marks from walls, doors, frames, and kick plates. • Glass, Sills and Blinds – Interior glass shall be clean and streak free, inside building. Blinds and sills shall be dusted so as to remove dust and spider webs above head height (above six feet high). • Table & Desk Surfaces – Surfaces shall be disinfected. All wood furniture (desks and conference tables) shall be polished. • Vacuum – Upholstered furniture shall be vacuumed, clean, and debris free.  debris free. Page 368 of 402 25 of 44 pages 7. GENERAL • Dust & spot clean all horizontal and vertical surfaces, removing fingerprints, smudges and stains • Spot clean carpets Page 369 of 402 26 of 44 pages C. Monthly Services The Contractor shall satisfactorily perform the following janitorial/custodial services on a MONTHLY basis: 1. COMMON AREAS  High Dusting: Vents, Grills, Lighting, Etc. – High dusting constitutes anything over 6’ from the floor including vents, grills, exhaust fans, light fixtures, clocks, and door frames.  Horizontal Surfaces – Window ledges and other similar surfaces are to be kept dust free.  Partition Ledges & Moldings – Dust high partition ledges and moldings  Venetian Blinds – Dust venetian blinds.  Furniture – Dust the tops of all bookcases, filing cabinets and other flat surfaces.  Floors – Wipe down and clean all baseboards. 2. OFFICE AREAS  High Dusting: Vents, Grills, Lighting, Etc. – High dusting constitutes anything over 6’ from the floor including vents, grills, exhaust fans, light fixtures, clocks, and door frames.  Horizontal Surfaces – Window ledges and other similar surfaces are to be kept dust free.  Partition Ledges & Moldings – Dust high partition ledges and moldings  Venetian Blinds – Dust venetian blinds.  Furniture – Dust the tops of all bookcases, filing cabinets and other flat surfaces.  Floors – Wipe down and clean all baseboards. 3. KITCHEN AREAS  High Dusting: Vents, Grills, Lighting, Etc. – High dusting constitutes anything over 6’ from the floor including vents, grills, exhaust fans, light fixtures, clocks, and door frames.  Horizontal Surfaces – Window ledges and other similar surfaces are to be kept dust free.  Partition Ledges & Moldings – Dust high partition ledges and moldings  Venetian Blinds – Dust venetian blinds.  Floors – Wipe down and clean all baseboards. 4. FITNESS ROOMS  High Dusting: Vents, Grills, Lighting, Etc. – High dusting constitutes anything over 6’ from the floor including vents, grills, exhaust fans, light fixtures, clocks, and door frames.  Horizontal Surfaces – Window ledges and other similar surfaces are to be kept dust free.  Partition Ledges & Moldings – Dust high partition ledges and moldings.  Floors – Wipe down and clean all baseboards. Page 370 of 402 27 of 44 pages 5. RESTROOMS AND LOCKER ROOMS  High Dusting: Vents, Grills, Lighting, Etc. – High dusting constitutes anything over 6’ from the floor including vents, grills, exhaust fans, light fixtures, clocks, and door frames.  Horizontal Surfaces – Window ledges and other similar surfaces are to be kept dust free.  Partition Ledges & Moldings – Dust high partition ledges and moldings  Floors – Wipe down and clean all baseboards. 6. CONFERENCE ROOMS AND COURT ROOM  High Dusting: Vents, Grills, Lighting, Etc. – High dusting constitutes anything over 6’ from the floor including vents, grills, exhaust fans, light fixtures, clocks, and door frames.  Horizontal Surfaces – Window ledges and other similar surfaces are to be kept dust free.  Partition Ledges & Moldings – Dust high partition ledges and moldings  Venetian Blinds – Dust venetian blinds.  Furniture – Dust the tops of all bookcases, filing cabinets and other flat surfaces.  Floors – Wipe down and clean all baseboards. Page 371 of 402 28 of 44 pages 2. Other Services The Contractor shall clean all carpeting on a quarterly basis. The Contractor shall strip and wax all vinyl/linoleum tile floors on a quarterly basis. 3. City-Provided Items The city shall provide all cleaning materials and supplies. These materials will be available at the various facilities and will be periodically re-stocked by city staff. SDS sheets will be provided to the Contractor, by the city, for all materials utilized. The city shall provide cleaning carts, vacuums, and other cleaning equipment, as needed. 4. Reporting Requirements The Contractor shall provide the following reports, at the frequency described below: Report Frequency Submittal Time Period Daily staffing log including name(s) of personnel and hours spent at each facility Daily for each facility By 5:00 p.m. Tuesday of each week for the previous week’s efforts Weekly & monthly activity completion report Monthly for each facility Within five (5) business days of the end of each month Weekly quality control inspection report Weekly for each facility Within five (5) business days of the end of each week 5. Annual Performance Review Meeting The City shall schedule an annual meeting with the Contractor to review the Contractor’s performance, discuss the Contractor’s recommendations for improvements to the City’s service, and review staff recommendations for improving the Contractor’s service. 6. Keys Upon award of a contract, essential keys will be issued for all facilities listed. If the Contractor loses any keys, they will be charged for replacements and any additional charges incurred. The Contractor must return all issued keys at the termination of the contract. Page 372 of 402 29 of 44 pages 7. Holidays The city observes the following holidays and most, but not all, buildings are closed on these dates. A holiday schedule will be provided to the Contractor. The Contractor will be paid at the holiday rate for any hours worked on these days. • New Year’s Eve (observed) • New Year’s Day (observed) • Martin Luther King Day • President’s Day • Memorial Day • Independence Day (observed) • Labor Day • Thanksgiving Day • Day after Thanksgiving • Christmas Day (observed) 8. Failure to Perform Failure to provide services may be cause for termination of contract. Page 373 of 402 30 of 44 pages 7. PROPOSAL CONTENT This section provides instructions regarding the format and content required for proposals submitted in response to this solicitation. 1. PROPOSAL FORMAT Respondent’s written proposal should include concise, but complete information, emphasizing why the Respondent is best qualified to provide the required services. The Respondent’s written proposal should include the information in the format outlined below and must be limited to no more than ten (10) pages, (excluding section dividers, cover page/back page, resumes, and the exhibits listed below). A page shall be defined as 8-1/2" x 11"; single sided, with one-inch margins, and a minimum font of Times New Roman 11. Each page that includes text, photos or any other information shall be counted towards the total page count. Each 11” x 17” sheet shall be counted as two (2) pages towards the total page count. The following listed documents must be completed and included with the proposal in order for the submittal to be considered responsive. These documents do not count toward the page maximum. Exhibit 1A & 1b – Cost Proposals (2 pages) Exhibit 2 – Submission Acknowledgement Exhibit 3 – Minimum Insurance Requirements Exhibit 4 – Qualification Statement 2. PROPOSAL CONTENTS At a minimum, the Proposal should contain the following elements: • Statement that the Respondent is qualified to perform the work • Acknowledgement of any Addenda issued • Work Plan. The Respondent should provide a detailed Work Plan describing how the Respondent intends to develop, deliver and manage the required services for the city. This Work Plan should include the level of staffing anticipated at each facility and the number of hours anticipated at each facility to complete the items detailed for daily, weekly, and monthly service. • Relevant Experience & References. The Respondent shall provide at least three references and identify contracts demonstrating that it successfully provided services/products that are the same or similar to those required in the RFP. The proposal should adequately explain the outcomes of the projects. The references shall include a name of an individual, along with contact information, who can speak Page 374 of 402 31 of 44 pages to the performance of the Respondent for that contract. • Key Personnel. The Respondent shall provide a description of the qualifications of all supervisory and management personnel who will be involved in the resulting contract. Explain how the key personnel are related to the projects cited as relevant experience. • Explanation of the quality control methods employed by the Respondent. • Explanation of any training provided to employees. • Explanation of standard cleaning procedures. • Contractor may submit such additional information as it deems necessary or helpful to the City’s evaluation process 3. PROPOSAL CERTIFICATION The Respondent must complete and submit Exhibits 1 through 4 with its proposal. 4. COST PROPOSALS The Respondent should provide a completed copy of Exhibit 1a & 1b. 5. RIGHT TO REJECT PROPOSALS Submission of a proposal indicates acceptance by the Respondent of the conditions of this Request for Proposals. The City reserves the right, without prejudice, to reject any or all proposals. Page 375 of 402 32 of 45 pages 8. SELECTION PROCESS The City will conduct a multi-stage selection process. The City reserves the right to request clarification or additional information from individual Respondents at any point within the selection process. The first step of the review process will be a determination of those proposals which meet the requirements of this RFP (“accepted” or “acceptable” proposals). The City may notify, in writing, the Respondents whose proposals are deemed to be unacceptable. Those Respondents offering Proposals deemed acceptable will be evaluated and scored by a Selection Committee. The scoring will determine which Proposals are within the competitive range. The Selection Committee may select a short list of finalists to present their Proposal concepts to the Selection Committee. If oral presentations or interviews are conducted by the Selection Committee, they may or may not be scored, (they may be used as supporting information to the evaluation). By submitting a Proposal, the Contractor authorizes the City to undertake such investigation as may be necessary to verify the Contractor’s qualifications and reputation. The Contractor may be requested to execute a release(s) in favor of third parties who have information relative to the Contractor’s qualifications and performance. Refusal to execute a release may result in disqualification. The city will select the Proposal determined to be the best value by the City, in its sole discretion. Selection of any Contractor and execution of a contract is dependent on approval in accordance with applicable City laws and policies, including approval by the City Council, and the City’s receipt of any required certificates of Insurance and applicable endorsements. The final decision may or may not reflect scoring ranking. The City may, at its discretion, select a Contractor outright. Upon selection, the Contractor will receive a contract and will be expected to execute the contract within ten (10) business days of receipt. A completed W-9 shall accompany the executed contract. AWARD OF CONTRACT The City intends to award to the Respondent that demonstrates the best value to the City and the most substantiated ability to fulfill the requirements contained in this RFP. In the event a contract cannot be negotiated with the Respondent identified as most closely meeting those goals, the City may enter into negotiations with the Respondent deemed to next most closely meet those goals, or the City may decide to solicit new proposals or take any other action available. The city reserves the right to award based upon the Proposal as presented without further negotiations or discussions. Page 376 of 402 33 of 45 pages Immediately after the Notice of Award, the successful Respondent will begin planning, in conjunction with the City Representative (to be designated by the City), to ensure fulfillment of all its obligations. The successful Respondent may be expected to attend regular meetings as required by the City to assist in the preparation for startup. POST AWARD CONDITIONS Before a contract is executed, the successful applicant must Submit to the City certificates of the insurance coverage mandated in this Request for Proposals. Page 377 of 402 34 of 45 pages 9. SELECTION CRITERIA The purpose of this Request for Proposals is to demonstrate the qualifications, competency, and capacity of applicants to provide custodial services to multiple City facilities. Cost may not be the only factor in the selection of a contractor. In addition to the criteria stated here, the City’s determination may consider, without limitation, the Respondent’s financial resources, ability to comply with all legal and regulatory requirements, ability to perform the work on time, history of performance, reputation, ability to obtain necessary equipment, data, and facilities, and any other factor deemed important by the City. 1. EVALUATION CRITERIA Selection of the Contractor will be based on the following points awarded for qualifications demonstrated to meet the following criteria: Experience & Qualifications 20 Points • Company Background • Experience with Government Agencies • References Proposed Work Plan 30 Points • Training • Quality Control • Standard Cleaning Procedures Personnel Overseeing the Contract 20 Points Pricing 30 Points TOTAL 100 Points A. Qualifications The Respondent must provide verification that it has the necessary expertise and experience to provide the services under this proposal, including 1) Description of Respondent's background and qualifications, 2) Provision of names and locations of at least three (3) locations at which Respondent has conducted similar services and requirements along with specific individuals whom can be contacted for references, and 3) Identification of adequate equipment to provide the services under the Proposal.. B. Price/Cost Respondents shall provide a completed Exhibit 1 with their Proposal. The prices and rates must be fully encumbered/all-inclusive and include costs for material, labor, other direct costs (e.g. travel), indirect costs (i.e. overhead and general and administrative costs), Page 378 of 402 35 of 45 pages profit/fee and all taxes. C. Proposed Work Plan/Approach Describe the Respondent’s approach to effectively implementing this Program and the associated services for the City in the timeline required. Describe any unique approaches including any special equipment and/or capabilities proposed to be used to perform the work. Sample work order reports, trouble response procedures, and administrative reporting processes used should be explained. If possible, furnish historical documentation examples. E. Personnel Resume(s) of key personnel in critical positions. If candidates have not yet been identified, please submit a description of the basic qualifications, certifications, licenses, etc. that are required for the anticipated positions. The Respondent must identify all subcontractors or partners. F. References This section should include reference information for three (3) other contracts currently being executed by the Respondent, preferably of similar size and scope. The reference information should include the name of the contract representative overseeing the contract, their title, and their phone number and email address. The Proposal should include a brief description of the services provided through the contract and any pertinent similarities or differences to the services proposed in this RFP. Page 379 of 402 36 of 45 pages ATTACHMENT A: SAMPLE CONTRACT (attached) Page 380 of 402 37 of 45 pages ATTACHMENT B: CITY FACILITY LOCATION MAP (attached) Page 381 of 402 38 of 45 pages ATTACHMENT C: PERSONNEL REQUIREMENTS 1. On-site Supervisor The Contractor shall have a Supervisor to manage the Contractor’s services. The Supervisor will interact with the city’s staff to address problems as they arise, meet whenever it is deemed necessary by the City, interface and have continual, direct communication with the Contractor’s staff. The Supervisor will also attend regularly scheduled meetings with the City. 2. Personnel Conduct Contractor’s personnel will be trained both in program operations and in customer service to ensure that all personnel are competent, qualified, and maintain a positive attitude when dealing with city staff and building patrons. In addition, all contractor personnel shall: • Conduct themselves at all times in a respectful and courteous manner and not use any abusive or foul language. • Perform their duties in accordance with all existing laws and ordinances and future amendments thereto of any Federal, State of Colorado and local governing boards. • Be clean and presentable in appearance. • Wear a uniform and employee identification badge with photo. • Work in a safe and considerate manner. • Avoid damage to city property and report any damage to their supervisor. Page 382 of 402 39 of 45 pages ATTACHMENT D: FACILITIES INFORMATION, BY BUILDING (attached) Page 383 of 402 40 of 45 pages EXHIBIT 1 – COST PROPOSAL FORMS Contractor shall complete and submit Cost Proposal 1a and 1b (attached). Page 384 of 402 41 of 45 pages EXHIBIT 2 – SUBMISSION ACKNOWLEDGEMENT IN WITNESS WHEREOF, the below-named Respondent acknowledges that all responses and representations contained in this Proposal, including the Statement of Qualifications, References, Rates, and any attachments, are true and correct. The undersigned person affirms that he or she has authority to sign this Proposal on behalf of Respondent. Respondent Legal Name Authorized Signature Printed Name & Title STATE OF ) ) ss. COUNTY OF ) The foregoing submission was acknowledged before me this ______ day of , 2021, by ________________________ Witness my hand and official seal. Page 385 of 402 42 of 45 pages EXHIBIT 3 - MINIMUM INSURANCE REQUIREMENTS Select from the following listed insurance requirements carried by Contractor unless otherwise specified in the City’s RFP package, Special Provisions or Standard Specifications. 1. Commercial General Liability for limits not less than $3,000,000 combined single limit for bodily injury and property damage for each occurrence. Coverage shall include blanket contractual, broad form property damage, products and completed operations. 2. Workers’ Compensation and Employer’s Liability as required by statute. Employer’s Liability coverage IS to be carried for a minimum limit of $1,000,000. 3. Automobile Liability covering any auto (including owned, hired, and non- owned autos) with a minimum of $1,000,000 each accident combined single limit. 4. Excess Liability for limits not less than $1,000,000 combined single limit for bodily injury and property damage for each occurrence. 5. Employee Crime Coverage shall include employee dishonesty, forgery or alteration and computer fraud. If Contractor is physically located on City premises, third party fidelity coverage extension shall apply. The policy shall include coverage for all directors, officers, agents and employees of the Contractor. Coverage limit will be not less than $500,000 per loss. a. The bond or policy shall include coverage for extended theft and mysterious disappearance. b. The bond or policy shall not contain a condition requiring an arrest and conviction. Except for Workers’ Compensation, Employer’s Liability Insurance and Professional Liability, the City of Englewood must be named as an additional insured. Certificates of Insurance must be submitted before a contract is executed. Additionally, the Certificates of Insurance must provide 30 days’ notice to the City prior to any cancellation, non-renewal, or material changes to policies required under the contract. All coverage furnished by contractor is primary, and any insurance held by the City of Englewood is excess and non-contributory. Name of Company Signature Date Page 386 of 402 43 of 45 pages EXHIBIT 4 – QUALIFICATIONS STATEMENT 1. Name of Contractor: 2. Name of Business (if different than previous question): 3. Form of Entity: 4. Business Address: 5. Primary Contact: Phone Number: Email: 6. Year Organized: 7. Where Organized: 8. How many years has the Contractor been engaged in the Custodial / Janitorial business under its present name. Please state the names and dates of previous business names, if any. 9. In the last five (5) years, has the Contractor ever been terminated from a contract or failed to complete any work awarded to you? If so, explain. 10. In the last five (5) years, has the Contractor ever been party to litigation related to its work? If so, explain. 11. Please identify the number of staff available to work under the contract: Number of Supervisors Number of Workers Page 387 of 402 44 of 44 pages 12. List any proposed exceptions to the draft contract attached as Attachment A to this RFP. 13. What steps are taken to prevent theft? 14. In the last five (5) years, has the Contractor ever had its bond called for cause? 15. What steps does Contractor take to ensure tasks are being properly performed? 16. In the last five (5) years, has theft of property occurred? And if so, how was it handled? 17. Has the Contractor been involved, or is currently involved, in litigation with any governmental entity? Page 388 of 402 44 of 44 pages 18. In the last five (5) years, how many Recreation Centers/Fitness Centers has the Contractor serviced? How many years of Recreation Center/Fitness Center cleaning experience? 19. Describe the method used to verify any absent employees will be backfilled, ensuring location will receive service. Page 389 of 402 Estimated Carpet Estimated VCT Estimated Tile Estimated Natural Stone Estimated Wood Floor Estimated Synthetic/ Rubberized Estimated Luxury Vinyl Facility Civic Center - 3rd Floor 9,940 1,159 1000 460 0 0 0 Civic Center - 2nd Floor 14,346 671 1,150 1,250 0 0 0 Civic Center - 1st Floor 21,812 994 1,240 2,172 0 0 0 Service Center - 2nd Floor 432 1,727 228 0 0 0 0 Service Center - 1st Floor 0 946 466 0 0 0 0 Englewood Rec Center - 2nd Floor 150 0 0 0 1,200 1,232 0 Englewood Rec Center - 1st Floor 1,785 310 5,132 0 13,050 1,207 0 Malley Senior Rec Center 2,300 2,143 1,982 0 6,760 4,260 0 Broken Tee Golf Course 1,340 0 0 0 0 850 3,500 Pirates Cove 1,000 300 60 0 0 0 0 Charles Allen Water Plant 0 0 0 0 0 0 0 South Platte Renew - 2nd Floor 0 0 0 0 0 0 0 South Platte Renew - 1st Floor 0 0 0 0 0 0 0 Police Dept. - 2nd Floor 3,000 500 3,750 2,000 0 750 0 Police Dept. - 1st Floor 2,250 0 2,800 3,500 0 0 0 * 1st floor totals include stairs to 2nd floor * 2nd floor totals include stairs to 3rd floor * 3rd floor totals will not include stairs. Done only at the request of Facility Directors Civic Center Notes City of Englewood - Quarterly Cleaning Square-Footage Page 390 of 402 Estimated Carpet Estimated VCT Estimated Tile Estimated Natural Stone Estimated Wood Floor Estimated Synthetic/ Rubberized Estimated Luxury Vinyl Facility Civic Center - 3rd Floor 9,940 1,159 1000 460 0 0 0 Civic Center - 2nd Floor 14,346 671 1,150 1,250 0 0 0 Civic Center - 1st Floor 21,812 994 1,240 2,172 0 0 0 Service Center - 2nd Floor 432 1,727 228 0 0 0 0 Service Center - 1st Floor 0 946 466 0 0 0 0 Englewood Rec Center - 2nd Floor 150 0 0 0 1,200 1,232 0 Englewood Rec Center - 1st Floor 1,785 310 5,132 0 13,050 1,207 0 Malley Senior Rec Center 2,300 2,143 1,982 0 6,760 4,260 0 Broken Tee Golf Course 1,340 0 0 0 0 850 3,500 Pirates Cove 1,000 300 60 0 0 0 0 Charles Allen Water Plant 0 0 0 0 0 0 0 South Platte Renew - 2nd Floor 0 0 0 0 0 0 0 South Platte Renew - 1st Floor 0 0 0 0 0 0 0 Police Dept. - 2nd Floor 3,000 500 3,750 2,000 0 750 0 Police Dept. - 1st Floor 2,250 0 2,800 3,500 0 0 0 * 1st floor totals include stairs to 2nd floor * 2nd floor totals include stairs to 3rd floor * 3rd floor totals will not include stairs. Done only at the request of Facility Directors Civic Center Notes City of Englewood - Quarterly Cleaning Square-Footage Page 391 of 402 Civic Center Service Center South Platte Renew Water Plant Allen Water Treatment Plant Englewood Recreation Center* Malley Senior Recration Center* Broken Tee Golf Course Pirate's Cove Englewood Police Department New Year’s Day (observed)X X X X X Martin Luther King Day X X X President’s Day X X X Memorial Day X X X X Independence Day (observed)X X X X Labor Day X X X X Veteran's Day X X X Thanksgiving Day X X X X X Day after Thanksgiving X X X Christmas Eve X X X Christmas Day (observed)X X X X X X New Year’s Eve (observed)X X X An "X" indicates that the facility is closed to the public on that holiday City of Englewood - Building Holiday Schedule *Each Recreation Center is closed to the public for approximately 10 days annually where cleaning would not be required. Typically, the ERC is closed the last weekend in August through Labor Day and the Malley Center for the last week in February.Page 392 of 402 Civic Center Service Center South Platte Renew Water Plant Allen Water Treatment Plant Englewood Recreation Center Malley Senior Recration Center Broken Tee Golf Course Pirate's Cove Englewood Police Department Equipment Resilient Floor Care Swing Machine - Floor Buffer 1 1 1 Compact Auto Scrubber 1 1 Walk Behind Auto Scrubber 1 1 Stand On - Auto Scrubber 1 1 Ride On - Auto Scrubber 1 1 Carpet Care Carpet Spotter 1 1 All-in-one Extractor 1 Steam Carpet Extractor 1 Vacuums 3 3 2 1 2 1 1 1 2 Stand On - Vacuum 1 Dilution Control Quad Unit 3 1 1 1 1 Single Unit 3 1 1 1 2 Miscellaneous Wet Vacuums 1 1 1 Washer/Dryer 1/1 1/1 City of Englewood - On-Site - Floor Care Equipment Page 393 of 402 ?North September 1, 2021 DRAWN BY: JDL CITY OF ENGLEWOOD -- PUBLIC WORKS Facility Locations PRINTED: 2021-09-01 09:20 !! !!!! !! !! !! !! !! !! !!!!! ! !! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!! !!!!!! !! !! !!!! !! !!!! ! ! ! ! ! ! !!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! !! ! ! ! !! ! ! ! ! !!!!!!!!!!!!! ! ! !!! ! ! !! Broken Tee Golf Course Santa Fe Dr6 21 3 7 4 8 5 9ZuniVallejoTejonRaritanPecos ElatiDelawareCherokeeBannockAcomaBroadwayLincolnShermanGrantLoganPennsylvaniaPearlWashingtonClarksonEmersonOgdenCoronaDowningPlatte River Drive MarionLafayetteHumboldtFranklinVineVine CtGaylordYorkIncaJasonLipanClayFederalDelawareNavajoWyandotUmatillaLipan CtGilpinWilliamsHighRaceUniversityClayLowellLindenKeenlandJulianIrvingHookerHawthorneGroveJasonIncaHuronLehow WindermereHickoryBroadwayKingKnoxEvans Adriatic Warren Iliff Wesley Harvard Hillside Vassar College Yale Amherst Bates Cornell Dartmouth US 285 Ithaca Jefferson Radcliff Tufts Pimlico Tanforan Santa Fe CircleLayton Saratoga Chenango Grand Monmouth Belleview Prentice Rafferty Baltic Caspian Baker Amherst Bates Cornell Dartmouth Dartmouth Pl Eastman Floyd Floyd Pl Englewood Pkwy US 285 Kenyon Lehigh Mansfield Nassau Oxford Princeton Quincy Radcliff StanfordDecatur Tufts Union Union Layton Chenango GrandBellewood Belleview Centennial Civic Center 1000 ENGLEWOOD PKWY1 Servicenter Admin. Bldg. 2800 S PLATTE RIVER DR6 Police Headquarters Bldg. 3615 S ELATI ST4 2 Malley Senior Center 3380 S LINCOLN ST South Platte Renew 2900 S PLATTE RIVER DR9 3 Recreation Center 1155 W OXFORD AVE 8 Pirates Cove (main bldg.) 1225 W BELLEVIEW AVE 5 Golf Course Clubhouse 2101 W OXFORD AVE 7 Allen Water Plant 1500 W LAYTON AVE Page 394 of 402 CITY OF ENGLEWOOD EXHIBIT 1a - COST PROPOSAL COST/MONTHESTIMATED HOURS/SERVICE DAYLOCATION All prices must include all unit costs for material, labor, other direct costs (i.e. travel), indirect costs (i.e. overhead and general and administrative costs), and profit/fee and all applicable taxes. Civic Center - Day Porter Civic Center - Cleaning Recreation Center - Day Porter Recreation Center - Cleaning Broken Tee Golf Course - Day Porter Broken Tee Golf Course - Cleaning Malley Center - Cleaning ServiCenter - Cleaning Pirate's Cove - Day Porter Police Department - Day Porter Police Department - Cleaning Allen Water Plant - Day Porter South Platte Renew - Cleaning Page 395 of 402 SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR CALL OUT EXPENSE PER TRIP SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR CLEAN FABRIC COUCHES CLEAN LEATHER COUCHES CLEAN 1ST FLOOR WINDOWS CLEAN 2ND FLOOR WINDOWS CITY OF ENGLEWOOD EXHIBIT 1b - COST PROPOSAL EMERGENCY CUSTODIAL CONTRACT RATES – WEEKEND OR STANDBY CARPET CLEANING STRIP & WAX VINYL OR LINOLEUM FLOORS SPRAY BUFF HARD SURFACE FLOORS CLEAN FABRIC CHAIRS CLEAN MESH CHAIRS CLEAN VINYL CHAIRS All prices must include all unit costs for material, labor, other direct costs (i.e. travel), indirect costs (i.e. overhead and general and administrative costs), and profit/fee and all applicable taxes. Page 396 of 402 Award of Contract for Custodial Services at City Facilities Chris Edelstein Jeff Wenda November 1,2021 Page 397 of 402 Provide day porter and custodial services at the following facilities: •Civic Center •Recreation Center •Malley Center •ServiCenter •Pirate's Cove •Golf Course •South Platte Renew •Allen Water Treatment Plant City staff will continue to service the Police Headquarters Building and conduct specialized services as well as room setups Contract Purpose Page 398 of 402 FacilityLocations W Oxford AveWindermere StS Navajo StPage 399 of 402 •Staff published a Request for Proposals •11 Proposals were received •5 firms were shortlisted for interviews •Staff checked references and requested supplemental information •Regal Facilities Management was selected as providing best service and value to the city Selection Process Page 400 of 402 Financial Implications •One-year contract from November 2, 2021 through November 1, 2022 •Existing contract with Regal will be extended through November 1, 2021 •Salary savings will be utilized to cover a portion of the contract costs in 2021 & 2022 Base Service $432,648.00 Quarterly Services $9,120.00 Contingency $7,000.00 Total $488,788.00 Page 401 of 402 Staff recommends that City Council approve a contract with Regal Facility Management for Custodial Services at City Facilities in the amount of $488,788.00. Summary Page 402 of 402