HomeMy WebLinkAbout2020-04-06 (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.
Englewood, CO 80110
AGENDA
City Council Special/Regular Meeting
Monday, April 6, 2020 ♦ 6:00 PM
This City Council Special / Regular meeting will be held by teleconference.
1. Call to Order
2. Roll Call
3. Consideration of Minutes of Previous Session
a. Minutes of the Special/Regular City Council Meeting of March 23, 2020.
Teleconferenced City Council Special/Regular Meeting - 23 Mar 2020 - Minutes - Pdf
4. Study Session Topics
a. Finance and Administrative Director Maria Sobota will be present to discuss the 2021
Budget Revenue and Expense Forecast (including a 5-year projection).
Pdf
5. Appointments, Communications, Proclamations, and Recognition
6. Recognition of Public Comment
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.
Currently, we are not able to accommodate public presentations, however, they can be
submitted for the packet.
If you would like to provide public comment, please join the teleconferenced meeting.
To join from a PC, Mac, iPad, iPhone or Android device:
Please click this URL to join.
https://zoom.us/j/375503450?pwd=VThPQ0g5TXZ2L0hWclV4djBwOGt0QT09
Password: 557263
Description: Council Meeting for April 6, 2020
Or join by phone:
Dial: US: +1 720 928 9299 or 877 853 5257 (Toll Free) or 888 475 4499 (Toll Free)
Webinar ID: 375 503 450
Once you are in the meeting please click "raise hand" to be recognized to speak.
How to raise your hand on a Computer:
1. Click “Participants” on the Menu Bar.
(The menu bar appears at the bottom of the window once the meeting
begins. If you don’t see the menu bar, move your mouse slightly and the bar will appear.
Page 1 of 186
Englewood City Council Regular Agenda
April 6, 2020
Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
The bar disappears after a few seconds when in full-screen mode.)
2. The white Participants box that appears after you do Step 1 has a "Raise Hand"
command at the bottom, just click that to raise your hand.
How to raise your hand on the mobile app:
1. In a meeting on a mobile device, simply tap "Raise Hand" at the bottom left corner of the
screen.
How to raise your hand when calling in:
1. Press *9
Citizens may also submit written public comments to the City Clerk's Office at
cityclerk@englewoodco.gov until 12 p.m. Tuesday April 7.
a. Pamela Beets, an Englewood resident, addressed Council in the attached written public
comment.
P.Beets Public Comment 6 Apr 2020
b. Vicky Hoffmann addressed Council in the attached written public comment.
V.Hoffmann Public Comment - 6 Apr 2020
c. Kathleen Bailey, an Englewood resident, addressed Council in the attached written
public comment
K.Bailey Public Comment - 6 Apr 2020
Council Response to Public Comment.
7. Consent Agenda Items
a. Approval of Ordinances on First Reading
b. Approval of Ordinances on Second Reading.
c. Resolutions and Motions
8. Public Hearing Items
9. Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading
i. CB 13 - Tax for On-Line Sales for 3rd Party Vendors
Pdf
Staff recommends City Council approve a Bill for an Ordinance providing for
specific rules associated with marketplace retailers' collection and remittance of
sales tax, all within the City of Englewood. Staff: Finance and
Administrative Director Maria Sobota
b. Approval of Ordinances on Second Reading
Page 2 of 186
Englewood City Council Regular Agenda
April 6, 2020
Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
i. CB 11 - 2nd IGA amendment between Arapahoe County 911 Authority and COE
Pdf
Staff recommends City Council approve, by Ordinance, a Second Amendment to
an Intergovernmental Agreement between the Arapahoe County 911 Authority
and the City of Englewood. Staff: Police Commander Vance Fender
c. Resolutions and Motions
i. Resolution to approve the Museum of Outdoor Arts Contract Renewal
Pdf
Staff recommends City Council approve, by Resolution, the attached agreement
with the Museum of Outdoor Arts Staff: Deputy City Manager Dorothy
Hargrove
ii. Professional Services Agreement with AEC-West
Pdf
Staff recommends City Council approve, by Motion, Amendment No. 1 to the
Professional Services Agreement with AEC-West Code Consultants in an
amount not to exceed $130,000. Staff: Chief Building Official Karen Montanez
10. COVID-19 Update
a. Emergency Ordinance - IGA with Arapahoe County regarding Rental Assistance
Program.
CB 14 - IGA Rental Assistance
11. General Discussion
a. Mayor's Choice
i. Citizen of the Year postponement discussion.
b. Council Members' Choice
12. City Manager’s Report
13. City Attorney’s Report
14. Adjournment
Page 3 of 186
MINUTES
Teleconferenced City Council Special/Regular Meeting
Monday, March 23, 2020
Englewood, CO 80110 6:00 PM
1 Call to Order
The Special/Regular meeting of the Englewood City Council was called to order by
Mayor Olson at 6:01 p.m and held by teleconference.
2 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 Cheryl Wink
Council Member John Stone
COUNCIL ABSENT: None
STAFF PRESENT: City Manager Lewis
City Attorney McKenney Brown
Deputy City Manager Hargrove
City Clerk Carlile
Deputy City Clerk McKinnon
Director Sobota, Finance and Administrative Services
Director D'Andrea, Public Works
Director Power, Community Development
Deputy Director King, Information Technology
Police Commander Fender, Police Department
3 Consideration of Minutes of Previous Session
a) Minutes of the Regular City Council Meeting of March 2, 2020.
Moved by Council Member Othoniel Sierra
Seconded by Council Member Cheryl Wink
APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL
MEETING OF MARCH 2, 2020.
Page 1 of 8
Draft
Page 4 of 186
City Council Regular
March 23, 2020
For Against Abstained
Linda Olson x
Othoniel Sierra (Moved By) x
Joe Anderson x
Dave Cuesta x
Rita Russell x
Cheryl Wink (Seconded By) x
John Stone x
7 0 0
Motion CARRIED.
b) Minutes of the Emergency City Council Meeting of March 17, 2020.
Moved by Council Member Cheryl Wink
Seconded by Council Member John Stone
APPROVAL OF THE MINUTES OF THE EMERGENCY CITY COUNCIL
MEETING OF MARCH 17, 2020.
For Against Abstained
Linda Olson x
Othoniel Sierra x
Joe Anderson x
Dave Cuesta x
Rita Russell x
Cheryl Wink (Moved By) x
John Stone (Seconded By) x
7 0 0
Motion CARRIED.
c) Minutes of the Emergency City Council Meeting of March 18, 2020.
Moved by Council Member Othoniel Sierra
Seconded by Council Member John Stone
APPROVAL OF THE MINUTES OF THE EMERGENCY CITY COUNCIL
MEETING OF MARCH 18, 2020.
For Against Abstained
Linda Olson x
Othoniel Sierra (Moved By) x
Joe Anderson x
Dave Cuesta x
Rita Russell x
Page 2 of 8
Draft
Page 5 of 186
City Council Regular
March 23, 2020
Cheryl Wink x
John Stone (Seconded By) x
7 0 0
Motion CARRIED.
4 Study Session Topics
a) February 2020 Financial Review
Finance and Administrative Services Director Maria Sobota presented the
February 2020 Financial Report with City Council.
b) Initial Assessment of 2020 Budget Impact Due to COVID-19
Finance and Administrative Services Director Maria Sobota updated City
Council on the initial assessment of the 2020 budgetary impact considering the
COVID-19 emergency management mitigation measures instituted by
Colorado Governor Jared Polis and City Manager Shawn Lewis.
c) COVID-19 Business Response and Recovery Assistance Program
Community Development Director Power recommended to temporarily change
the City’s economic grant program to provide financial assistance to
Englewood businesses and entrepreneurs impacted by the COVID-19
pandemic.
5 Recognition of Unscheduled Public Comment
a) Kathleen Bailey, an Englewood resident, submitted written comments
regarding development.
b) Marcy Brown, an Englewood resident, submitted written comments regarding
the outside City Council Meeting and Council/Employee travel.
Council Member Cuesta responded to public comment.
6 Consent Agenda Items
Council Member Russell removed Agenda Item 6(c)(i) from Consent Agenda
Moved by Council Member Sierra, seconded by Council Member Wink to approve
Consent Agenda Items 6(b)(i-ii).
a) Approval of Ordinances on First Reading
There were no additional Ordinances on First Reading (See Agenda Item
7(a)(i).)
Page 3 of 8
Draft
Page 6 of 186
City Council Regular
March 23, 2020
b) Approval of Ordinances on Second Reading.
i) CB 5 - An Ordinance adopting the updated Engineering Design and
Construction Standards
ORDINANCE NO. 11, SERIES OF 2020 (COUNCIL BILL NO. 5,
INTRODUCED BY COUNCIL MEMBER SIERRA)
AN ORDINANCE AMENDING TITLE 11-7-25 OF THE ENGLEWOOD
MUNICIPAL CODE TO ADOPT THE “ENGLEWOOD DESIGN AND
CONSTRUCTION STANDARDS AND SPECIFICATIONS MANUAL”
FOR THE REGULATION OF PUBLIC IMPROVEMENT DESIGN AND
CONSTRUCTION OCCURRING WITHIN RIGHTS-OF-WAY LOCATED
WITHIN THE CITY OF ENGLEWOOD, COLORADO.
ii) CB 8 - An Ordinance adopting the updated Storm Drainage Criteria
Manual
ORDINANCE NO. 12, SERIES OF 2020 (COUNCIL BILL NO. 8,
INTRODUCED BY COUNCIL MEMBER ANDERSON)
AN ORDINANCE ADOPTING TITLE 12, CHAPTER 5, SECTION 10 TO
THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING ADOPTION
OF THE “STORM DRAINAGE CRITERIA MANUAL” FOR THE
REGULATION OF STORMWATER WITHIN THE CITY OF
ENGLEWOOD, COLORADO.
Moved by Council Member Othoniel Sierra
Seconded by Council Member Cheryl Wink
Motion to approve Consent Agenda Items 6(b)(i-ii).
For Against Abstained
Linda Olson x
Othoniel Sierra (Moved By) x
Joe Anderson x
Dave Cuesta x
Rita Russell x
Cheryl Wink (Seconded By) x
John Stone x
7 0 0
Motion CARRIED.
c) Resolutions and Motions
i) Motion to Approve Findings of Fact in Case 2019-12, 3146 South
Pennsylvania Street
Page 4 of 8
Draft
Page 7 of 186
City Council Regular
March 23, 2020
[Clerks Note: This agenda item was removed from the Consent
Agenda Motion and considered independently.]
Moved by Council Member Othoniel Sierra
Seconded by Council Member Cheryl Wink
Approval of Findings of Fact in Case 2019-12, 3146 South Pennsylvania
Street, regarding urban lot development.
For Against Abstained
Linda Olson x
Othoniel Sierra (Moved By) x
Joe Anderson x
Dave Cuesta x
Rita Russell x
Cheryl Wink (Seconded By) x
John Stone x
5 2 0
Motion CARRIED.
7 Ordinances, Resolutions and Motions
a) Approval of Ordinances on First Reading
i) Agenda item 7(a)(i) was considered after 7(c)(i).
CB 11 - 2nd IGA amendment between Arapahoe County 911 Authority
and COE
Moved by Council Member Othoniel Sierra
Seconded by Council Member Joe Anderson
COUNCIL BILL NO. 11, INTRODUCED BY COUNCIL MEMBER SIERRA
A BILL FOR AN ORDINANCE AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT ENTITLED ”SECOND
AMENDED INTERGOVERNMENTAL AGREEMENT FOR THE
ESTABLISHMENT OF AN EMERGENCY COMMUNICATIONS SERVICE
AUTHORITY” BETWEEN BENNETT FIRE PROTECTION DISTRICT,
TOWN OF BOW MAR, BYERS FIRE PROTECTION DISTRICT, SOUTH
METRO FIRE RESCUE, CITY OF CENTENNIAL, CITY OF CHERRY
HILLS VILLAGE, TOWN OF COLUMBINE VALLEY, CUNNINGHAM
FIRE PROTECTION DISTRICT, TOWN OF DEER TRAIL, DEER TRAIL
FIRE PROTECTION DISTRICT, TOWN OF FOXFIELD, CITY OF
GLENDALE, CITY OF GREENWOOD VILLAGE, CITY OF LITTLETON,
SABLE-ALTURA FIRE PROTECTION DISTRICT, CITY OF SHERIDAN,
Page 5 of 8
Draft
Page 8 of 186
City Council Regular
March 23, 2020
STRASBURG FIRE PROTECTION DISTRICT AND THE CITY OF
ENGLEWOOD, COLORADO PERTAINING TO THE ARAPAHOE
COUNTY E911 EMERGENCY TELEPHONE SERVICE AUTHORITY.
For Against Abstained
Linda Olson x
Othoniel Sierra (Moved By) x
Joe Anderson (Seconded By) x
Dave Cuesta x
Rita Russell x
Cheryl Wink x
John Stone x
6 1 0
Motion CARRIED.
b) Approval of Ordinances on Second Reading
There were no additional Ordinances on Second Reading (See Agenda Item
6(b)(i-ii).)
c) Resolutions and Motions
i) Resolution to Establish Short Term Rental Fees
Moved by Council Member Joe Anderson
Seconded by Council Member John Stone
RESOLUTION NO. 12, SERIES OF 2020
A RESOLUTION AMENDING THE 2020 FEE AND UTILITY RATE
SCHEDULE FOR THE CITY OF ENGLEWOOD, COLORADO,
INCORPORATING BUSINESS, REGISTRATION, OPERATIONAL AND
WAIVER FEES FOR SHORT TERM RENTALS.
For Against Abstained
Linda Olson x
Othoniel Sierra x
Joe Anderson (Moved By) x
Dave Cuesta x
Rita Russell x
Cheryl Wink x
John Stone (Seconded By) x
7 0 0
Motion CARRIED.
Page 6 of 8
Draft
Page 9 of 186
City Council Regular
March 23, 2020
ii) 2020 Storm Water Drainage Utility Fund Budget Supplemental
Appropriation
Moved by Council Member John Stone
Seconded by Council Member Othoniel Sierra
RESOLUTION NO. 13, SERIES OF 2020
A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION
TO THE 2020 BUDGET.
For Against Abstained
Linda Olson x
Othoniel Sierra (Seconded By) x
Joe Anderson x
Dave Cuesta x
Rita Russell x
Cheryl Wink x
John Stone (Moved By) x
6 1 0
Motion CARRIED.
8 General Discussion
a) Mayor's Choice
i) Formation of a Citizen Advisory Committee related to the Organized
Garbage Collection Initiative
Discussion ensued.
9 City Manager’s Report
a) Council Members' Choice
Mayor Olson asked for consensus from City Council affirming the following
statement regarding the Tri County regional approach to CoVID-19:
The Englewood City Council hereby strongly urges the Tri-County Health
Department to expeditiously put in place necessary health orders that protect
the public health safety of our residents consistent with the order from the City
and county of Denver.
6 Ayes
1 Nay - Council Member Russell
Page 7 of 8
Draft
Page 10 of 186
City Council Regular
March 23, 2020
10 City Attorney’s Report
11 Adjournment
Motion to Adjourn the meeting moved by Council Member Anderson, seconded by
Council Member Stone - Seven Ayes. The meeting adjourned at 9:11 p.m.
City Clerk
Page 8 of 8
Draft
Page 11 of 186
STUDY SESSION
TO: Mayor and Council
FROM: Maria Sobota
DEPARTMENT: Finance & Administrative Services
DATE: April 6, 2020
SUBJECT: 2021 Budget Presentation
DESCRIPTION:
2021 Budget Presentation
RECOMMENDATION:
The 2021 Budget Revenue and Expense Forecast (including a 5-year projection) with the
underlying assumptions for the General Fund, and the current status of all other funds, will be
presented for Council information and feedback. The discussion includes estimated cost
savings to mitigate the financial impact of the Coronavirus (COVID-19). Additionally, Staff is
presenting Council with a preview of capital funding and policy items for discussion at a future
Study Session.
PREVIOUS COUNCIL ACTION:
The 2021 Budget presentation is the second City Council Study Session in preparation for the
2021 budget process.
On February 24, 2020, Staff presented a 2020 Budget Review providing a high level explanation
of the City's sources and uses of funds as well as a concise 2021 Budget Calendar for both staff
and City Council.
SUMMARY:
The City is currently facing challenging times during the COVID-19 pandemic. City Council and
Staff are working together to provide essential services to our citizens. Over recent weeks, City
Council has approved programs to assist our community businesses in this time of need. The
City was proactive in instituting a 2020 COVID-19 Business Support and Recovery Assistance
Grant Program, as administered by the Community Development Department, to assist
businesses that have closed or have limited operations due to the pandemic.
As State and Federal Orders continue to impact our businesses, Staff estimates that 2020 total
revenues will fall below budget by at least 3.0% or approximately $1.6 million, including lost
revenues in Parks and Recreation Fees. To begin addressing the budget impact, Department
Directors identified initial cost reductions of just over $1.0 million, including delayed hiring and
program reductions. Sales and Use Tax remittances are expected to decline, however, the
impact will be slightly mitigated through additional revenue opportunities, such as on-line sales
for third party re-sellers (if Ordinance is approved by Council) and through industry diversity
within the City of Englewood. Again, the expected decline will most likely fluctuate and could
increase based on ongoing decisions made regarding COVID-19 recovery efforts. Staff will
Page 12 of 186
inform Council of updated figures as soon as remittance information for March becomes
available and is analyzed.
While looking for possible 2020 cost saving measures, Staff also evaluated capital funds and
project status. The 2020 capital funds' budgets will be reduced by $1.1 million, making capital
funds available for other critical project needs in 2020 and into 2021.
The purpose of the 2021 Budget presentation is to provide City Council with a formal 2021
Budget Calendar and to review the 2021 Revenue and Expenditure forecast and underlying
assumptions. Staff is requesting Council guidance regarding the 2021 Budget Process,
including the reasonableness of the underlying assumptions and forecasts. The attached 2021
Budget provides the revenue and expenditure forecast for the General Fund, including a 5-year
projection, and the current status of all other funds. Historical City performance and key State
sources of economic trends were used in developing these forecasts. They include, but are not
limited to:
• Economic and Revenue Forecast Report, March 16, 2020 - Colorado Legislative Council
- Focus Colorado
• Bureau of Labor Statistics CPI Denver-Aurora-Lakewood, CO
• Arapahoe County 2019 Assessed Valuation Report
• Englewood Revenue and Expenditures for the period 2015 Actual through 2019
(unaudited) and the 2020 Budget
The economic forecast data included in recent various reports is available within the appendix of
the presentation.
ANALYSIS:
Although the Coronavirus (COVID-19) mitigation efforts are ever changing, Staff estimated the
financial impact of this global epidemic to the General Fund's 2020 Budget and in developing
the 2021-2025 forecast. Prior to looking at reducing the General Fund's 2020 Budget
Appropriation, Staff estimated revenues falling short by approximately $1.6 million ($400k due to
the optimistic 2020 Recreation Charges for Services revenue projections and approximately
$1.0 million for Sales and Use Tax and all other revenue shortfall impacted by the Coronavirus,
including lost recreational facilities' fee revenue). This amount is subject to change depending
on how quickly the mitigation efforts contain the spread of the virus and when employees are
able to return to work. Staff has identified approximately $1.0 million General Fund expenditure
savings. Additional cost savings may effect levels of service or impact parts of the essential
workforce during the pandemic. If the City experiences the revenue shortfall as expected, Staff
is prepared to bring forth a supplemental requesting use of a portion of the $7.0 million
Unassigned Fund Balance.
The General Fund's 2021-2025 Revenue Forecast is based on the lower estimated revenue
2020. The General Fund's 2021-2025 Expenditure Forecast is based on a Consumer Price
Index multiplier of 2.5% year-over-year.
FINANCIAL IMPLICATIONS:
Included in the Analysis Section above.
ALTERNATIVES:
Page 13 of 186
N/A
CONCLUSION:
Staff is asking City Council to provide 2021 revenue and expense budget policy guidance early
in the budgeting cycle. In addition, City Council is being asked to provide direction regarding
possible use of the Unassigned Fund Balance if the City experiences estimated revenue
shortfalls versus the budget.
ATTACHMENTS:
2021 Budget Presentation
Page 14 of 186
City of Englewood, Colorado
2021 Budget Presentation
Preliminary
Revenue/Expenditure
Forecast
1Page 15 of 186
Tonight’s Objective
•Discuss estimated financial impact of the Coronavirus (COVID-19)
and mitigation efforts
•Review 2021 preliminary revenue and expenditure assumptions
•Seek input on the 2021 budget operating and capital guidelines
•Discuss options for addressing operations and capital needs
2Page 16 of 186
General Fund 2020 Initial Recommended Cost Savings
(To Offset COVID-19 Financial Impact)
•Cross Departmental Operating Budget Reductions: $1,061,600
•Hiring Delays / OT (Non-Essential Positions) -$442,000
•IT Maintenance (Identified Redundancies; Discontinued Platforms) -$210,000
•UltiPro Implementation Timeline (Lower Subscription Costs) -$158,600
•Departmental Expenses (Supplies, Travel, Training) -$101,000
•Public Works –General Maintenance & Repair -$50,000
•Contingency - $100,000
3Page 17 of 186
General Fund -Sources and Use of Funds YOY ComparisonPotential Financial Impact due to COVID-19 Mitigation EffortsScenario: 2020 3% Sales/Use Tax Decrease
$41.0
$43.0
$45.0
$47.0
$49.0
$51.0
$53.0
$55.0
$57.0
$59.0
$61.0
2016
Actual
2017
Actual
2018
Actual
2019
Unaudited
2020
Budget
2020
Estimate
Sources Uses
4
2020
Uses Exceed Sources
of Funds
~$418k
(2020)Page 18 of 186
General Fund -Fund Balance Composition
(in millions)
2016 2017 2018
2019
Preliminary
2020 Year End
Estimate
2020 YTD
Activity
2020 YTD
Balance
TABOR - Restricted 1,490,000 1,580,000 1,740,000 1,850,000 1,850,000 - 1,740,000
LTAR - Committed 1,863,000 3,384,897 4,994,869 4,994,869 4,994,869 - 4,994,869
Unassigned Fund Balance 7,497,049 9,165,628 13,683,317 12,939,306 13,818,352 2,813,904 15,753,210
Total Fund Balance 10,850,049$ 14,130,525$ 20,418,186$ 19,784,175$ 20,663,221$ 2,813,904$ 22,488,079$
Reserve = Unassigned + LTAR +9,360,049$ 12,550,525$ 18,678,186$ 17,934,175$ 18,813,221$ 2,813,904$ 20,748,079$
Loan to the Storm Water Fund -$ -$ -$ 3,000,000$ 3,000,000$
Reserve Policy = 16.7% of total revenues ---7,328,527$ 7,805,708$ 8,421,547$ 8,590,871$ 8,828,878$
Reserve available above Policy 2,031,522$ 4,744,817$ 10,256,639$ 6,343,304$ 6,984,343$
% of Total Revenues 4.6% 10.1% 20.3% 12.3% 13.2%
$0.0
$3.0
$6.0
$9.0
$12.0
$15.0
$18.0
$21.0
2016 2017 2018 2019 2020 Year End Estimate 2020 YTD Balance
TABOR - Restricted LTAR - Committed Unassigned Fund Balance Reserve Policy = 16.7% of total revenues
General Fund -Fund Balance Composition
(in millions)
General Fund
Fund Balance as of February 28, 2020 Page 19 of 186
Researching Reimbursable Emergency Costs
Due to COVID-19
•Lost Sale/Use Tax and Recreation Program Revenue
•Waived penalty and interest on utility payments
•Protective equipment purchases for Police Officers, Building Inspectors,
Customer Service staff, etc.
•Laptop purchases for City Staff working remotely
•Payroll reimbursements, including overtime costs related to pandemic
•Use of contractors to increase Wifi bandwidth 6Page 20 of 186
General Fund 2020 Identified Capital Projects
Savings
2020 Capital Project Savings –Can Be Used for Future Projects:
•Parks renovation planning (on-hold) -$400,000
•Civic Center Roof (savings) –$450,000
•Public Works: Broadway and Sante Fe Lighting (deferred) -$225,000
•UltiPro implementation savings -$100,000
3Page 21 of 186
January
February
March
April
May
JuneJuly
August
September
October
November
December Q1
City Council Community
Vision Workshop Jan 25, 2020
2021 Budget Preview Feb 24, 2020
Present 2021 Revenue and Expenditure
Forecast and Underlying Assumptions
Apr 6, 2020
Capital Improvement Plan 2021-2025 Projects
List to P&Z Commission Apr 21, 2020
City Council Input on Preliminary 2021 Capital
Projects Requests Apr 27, 2020
City Council Input on the following Proposed
Operations/Capital Requests May 11, 2020
P&Z Commission Capital Improvement
Plan Project List to CMO by
Jun 10, 2020Q2
Budget Discussion to Finalize Changes
Sep 21, 2020
Budget Public Hearing
Sep 14, 2020
Proposed Budget Book Available
Sep 8, 2020
Present Proposed Budget
Aug, 2020
Q3
Q4
Second Reading of the
Budget Ordinances Oct 19, 2020
First Reading of the Budget
Ordinances Oct 5, 2020
2021
City CouncilBudget Calendar8Page 22 of 186
Fiscal Health*
“Spend Within Our Means”
Establish and Maintain Reserves
Understand Variances (Budget vs Actual)
Transparent About the “True Cost of Doing Business”
Incorporate Economic Analysis and Long-Term Planning into Decision Making
Fiscal Health and Wellness
*Source: ResourceX/Priority Based Budgeting
9Page 23 of 186
General Fund
(Fund Balance in Millions)
10
2019 Preliminary Estimated Year End Fund Balance
$7.0 million fund balance available above reserve policy &
TABOR requirement (after $3.0 million loan to Storm Water)
+$ 22.5
2020 Revenue Budget +$ 53.0
2020 Expenditure Appropriation Budget -$ 53.1
2020 Net transfer-in from Public Improvement Fund +$ 0.1
2020 Estimated Year End Fund Balance
$7.50 million fund balance available above reserve policy &
TABOR requirement (after $3.0 million loan to Storm Water)
=$ 22.5
Page 24 of 186
General Fund
2021-2025 Revenue Forecast
11Page 25 of 186
General Fund Revenue 5 Year Average % of Total Revenue (2015 – 2019*)Pre-Coronavirus (COVID-19) Pandemic Financial Impact
Property Tax
7.4%
Sales & Use Taxes
60.1%
Franchise Fees
7.2%
Licenses & Permits
3.6%
Intergovernmental
Revenue
3.7%
Charges for
Services
5.9%
Recreation Program
Fees
5.2%
Contribution from
Component Units
2.4%
All Other Revenue
4.5%All Other Revenue
Specific Ownership Tax 1.0%
Cigarette Tax 0.4%
Hotel/Motel Tax 0.0%
Library Fines 0.0%
Fines & Forfeitures 1.6%
Interest Income 0.4%
Other Income 1.0%
Total 4.5%
12
* 2015 Actual to 2019 Unaudited
Page 26 of 186
$26.3 $27.9 $30.7 $31.6 $32.6 $32.6 $33.6 $34.6 $35.7 $36.7 $37.8
$3.3 $3.4 $4.0 $4.0 $4.6 $4.6 $4.6 $4.8 $4.8 $5.1 $5.1 $14.3 $15.5 $16.6 $16.1 $15.7 $15.7 $16.0 $16.3 $16.7 $17.0 $17.3
$-
$6.1
$12.2
$18.3
$24.4
$30.5
$36.6
$42.7
$48.8
$54.9
$61.0
2016
Actual
2017
Actual
2018
Actual
2019
Unaudited
2020
Budget
2020
Estimate
2021
Forecast
2022
Forecast
2023
Forecast
2024
Forecast
2025
Forecast
Sales and Use Tax Property Tax All Other Revenue
Revenue History & Forecast (in millions)
Pre-Coronavirus (COVID-19) Pandemic Financial Impact
13Page 27 of 186
General Fund
2021-2025 Expenditure Forecast
14Page 28 of 186
5 Year Average % of General Fund Expenditures (2015 –2019*)Pre-Coronavirus (COVID-19) Pandemic Financial Impact
City Manager's Office
4.9%
Fire Services Contract
11.5%Finance 4.3%
Information Technology
4.3%Community Development
4.7%
Public Works 13.4%
Police 30.5%
Parks, Recreation and
Library Services 15.8%
Debt Service 3.8%
All Other Expenditures
6.8%
15
All Other Expenditures
Legislation 0.8%
City Attorney's Office 1.7%
Municipal Court 2.2%
Human Resources 1.0%
Communications 0.5%
Contingencies 0.6%
Total 6.8%
* 2015 Actual to 2019 UnauditedPage 29 of 186
General Fund Expenditures Multi-Year Comparison (in millions)Pre-Coronavirus (COVID-19) Pandemic Financial Impact
$-
$10.0
$20.0
$30.0
$40.0
$50.0
$60.0
2016 2017 2018 2019
Unaudited
2020
Budget
2020
Estimate
2021
Forecast
2022
Forecast
2023
Forecast
2024
Forecast
2025
Forecast
16Page 30 of 186
General Fund
2021-2025 Fund Balance Forecast
17Page 31 of 186
General Fund Summary
Proposed 2021 Budget Forecast Assumptions
Pre-Coronavirus (COVID-19) Pandemic Financial Impact
18
2021 Revenue Sources:
Sales and Use Tax Revenue +3.0%
Property Tax Revenue +0.0%*
All Other Revenue Sources +2.0%
2021 Expenditure Uses:+2.5%
* 7.15% Residential Assessment Rate (RAR) and subject to change per the Arapahoe County’s Assessed Valuation Report
Page 32 of 186
Colorado Economic Indicators
Source: Colorado Legislative Council Staff March 2020 Economic & Revenue Forecast, March
16, 2020, page 5719Page 33 of 186
General Fund Sources and Use of Funds YOY ComparisonPre-Coronavirus (COVID-19) Pandemic Financial Impact
$41.0
$43.0
$45.0
$47.0
$49.0
$51.0
$53.0
$55.0
$57.0
$59.0
$61.0
2016
Actual
2017
Actual
2018
Actual
2019
Unaudited
2020
Budget
2020
Estimate
2021
Forecast
2022
Forecast
2023
Forecast
2024
Forecast
2025
Forecast
Sources Uses20Page 34 of 186
Fund Balance Composition (in millions)Pre-Coronavirus (COVID-19) Pandemic Financial Impact
$-
$6.8
$13.5
$20.3
$27.0
2016
Actual
2017
Actual
2018
Actual
2019
Unaudited
2020
Budget
2020
Estimate
2021
Forecast
2022
Forecast
2023
Forecast
2024
Forecast
2025
Forecast
TABOR Reserve LTAR Loan Unassigned Fund Balance Reserve Policy, TABOR and Loan Reserve Policy
21Page 35 of 186
General Fund Summary
Proposed 2021 Budget Forecast Assumptions
Potential Financial Impact of the COVID-19 Mitigation Efforts
22
2021 Revenue Sources:
Sales and Use Tax Revenue
(increase applied to 2020 revenue estimates 2% -3% below budget)
+3.0%
Property Tax Revenue +0.0%*
All Other Revenue Sources +2.0%
2021 Expenditure Uses:+2.5%
* 7.15% Residential Assessment Rate (RAR) and subject to change per the Arapahoe County’s Assessed Valuation Report
Page 36 of 186
General Fund Summary
Proposed 2021 Budget Forecast Assumptions
Potential Financial Impact of theCOVID-19 Mitigation Efforts
23
•CPR News –March 16, 2020 –Colorado State “…The
forecast slashes projected revenues for the next fiscal year,
beginning July 1, by about $750 million. A nearly flat budget
poses a major challenge…”
•Denver Post –March 16, 2020 –“Coronavirus could cost
Colorado budget $800 million….Budget Analysts remain
hopeful that the negative economic impact will last months,
not years, in Colorado.Page 37 of 186
General Fund -Sources and Use of Funds YOY ComparisonPotential Financial Impact due to COVID-19 Mitigation EffortsScenario 1: 2020 3% Sales/Use Tax Decrease, 2.5% Expenditure Inflation Rate and 3% Sales/Use Tax Increase 2021-2025
$41.0
$43.0
$45.0
$47.0
$49.0
$51.0
$53.0
$55.0
$57.0
$59.0
$61.0
2016
Actual
2017
Actual
2018
Actual
2019
Unaudited
2020
Budget
2020
Estimate
2021
Forecast
2022
Forecast
2023
Forecast
2024
Forecast
2025
Forecast
Sources Uses
~$814k
(2023)~$1M
(2021)
24
~$801k
(2022)
2020-2023
Uses Exceed Sources of Funds
~418k
(2020)Page 38 of 186
Fund Balance Composition (in millions)Potential Financial Impact of the COVID-19 Mitigation Efforts
$-
$6.0
$12.0
$18.0
$24.0
2016
Actual
2017
Actual
2018
Actual
2019
Unaudited
2020
Budget
2020
Estimate
2021
Forecast
2022
Forecast
2023
Forecast
2024
Forecast
2025
Forecast
TABOR Reserve LTAR Loan Unassigned Fund Balance Reserve Policy, TABOR and Loan Reserve Policy
25Page 39 of 186
Special Revenue Funds
2019 vs 2020 Estimated
Year End Fund Balances
26Page 40 of 186
Special Revenue FundsEstimated Fund Balance (in millions)
Conservation
Trust Fund $2.0
Donors
Fund $0.7
Parks & Recreation Trust Fund $0.5
Malley
Center Trust
Fund $0.4
Open Space
Fund $2.0
2019
Conservation
Trust Fund
$2.0
Donors Fund $0.3
Parks & Recreation Trust Fund $0.5
Malley
Center Trust
Fund $0.3
Open Space
Fund $2.5
2020
27 No Significant Changes in Fund Balances Estimates for 2020 vs 2019Page 41 of 186
Debt Service Funds
2019 vs 2020 Estimated
Year End Fund Balances
28Page 42 of 186
Debt Service FundsEstimated Fund Balance (in millions)
Recreation GO
Bonds $0.1
Police HQ GO
Bonds $1.1
2019
Recreation GO
Bonds $0.1
Police HQ GO
Bonds $0.5
2020
29
Reducing the Property Tax Mill Levy which draws down the Police GO Bond
Fund Balance in 2020 and 2021 to a desired level of ~$100k. Page 43 of 186
Internal Service Funds
30
2019 vs 2020 Estimated
Year End Fund Balances
Page 44 of 186
Internal Service FundsEstimated Funds Available Balance (in millions)
Central Services
Fund $0.0
Servicenter
Fund $2.3
Capital
Equipment
Replacement
Fund $3.6
Risk
Management
Fund $1.6
Employee Benefits
Fund $0.2
2019
Servicenter
Fund $2.2
Capital
Equipment
Replacement
Fund $2.2
Risk
Management
$1.6
Employees
Benefits Fund $0.6
2020
31
Other than the close out of the Central Services Fund in 2019, No
Significant Changes in Fund Balances Estimates for 2020 vs 2019Page 45 of 186
Enterprise Funds
2020 Estimated Year End
Fund Balances
32Page 46 of 186
Enterprise FundsEstimated Funds Available Balance (in millions)
Water Fund
$17.3
Sewer Fund $6.9
Storm Drainage
Fund $0.8
Golf Course
Fund $1.9
Concrete Utility
Fund $1.2
Housing
Rehabilitation
Fund $1.0
2019
Water Fund
$14.0
Sewer Fund
$3.6 Storm Drainage
Fund $0.5
Golf Course
Fund $1.9
Concrete Utility
Fund $1.1
Housing
Rehabilitation
Fund $0.7
2020
33Page 47 of 186
Capital Project Funds
2019 vs 2020 Estimated
Year End Fund Balances
34Page 48 of 186
Capital Projects FundsEstimated Fund Balance (in millions)
35
Capital Projects Funds (CPFs)
Public
Improvement
Fund
Capital
Projects Fund Totals
2020 Estimated Fund Balance 5,533,002$ 3,717,976$ 9,250,978$
Project Completion Designated Funds 5,169,931$ 3,149,644$ 8,319,575$
Unappropriated Fund Balance 363,071$ 568,332$ 931,403$
A B C 1=A+B-C
Current Forecast
Jan 1, 2020 Budget Budget Dec 31, 2020
Balance*Sources Uses Balance
GOVERNMENTAL FUND TYPES - Fund Balance* = Current Assets - Current Liabilities)
Capital Projects Funds
30 Public Improvement Fund 8,536,711$ 3,865,000$ 6,868,709$ 5,533,002$
31 Capital Projects Fund 4,297,676$ 705,000$ 1,284,700$ 3,717,976$
34 Police Building Construction Fd 3,851,684$ 65,000$ 2,180,600$ 1,736,084$
Totals 16,686,071$ 4,635,000$ 10,334,009$ 10,987,062$ Page 49 of 186
Capital Projects FundsMajor Revenue Sources
Public Improvement Fund (PIF):
•Generates approximately $4 million from the following sources:
Vehicle Use Tax
Building Use Tax
Arapahoe County Road and Bridge Tax
Transfer In from General Fund, depending on available funds
Capital Projects Fund:
•Transfers In from General Fund or Public Improvement Fund depending on
available funds
36Page 50 of 186
Capital Projects Funds
(sources of funds in millions)
$2.0 $2.3 $2.2 $2.3 $1.8
$1.1
$1.7 $2.4 $1.8
$1.8
$0.2
$0.2
$0.2
$0.2
$0.2 $1.5
$1.0
$3.1
$0.0
$1.8
$3.7
$5.5
$7.3
2016
Actual
2017
Actual
2018
Actual
2019
Unaudited
2020
Budget
Vehicle Use Tax Building Use Tax
Arapahoe County Road and Bridge Tax Net Transfer In37Page 51 of 186
Capital Projects FundsEstimated Projects Costs (in millions)
$-
$10.0
$20.0
$30.0
$40.0
2016 2017 2018 2019
Unaudited
2020
Budget
2021
Forecast
2022
Forecast
2023
Forecast
2024
Forecast
2025
Forecast
CPFs Appropriation CPFs Forecast Revenue Total Sources
Policy Discussion -Alternative Financing Options for Capital Projects in Excess
of Current Funding Level (~$4M)Page 52 of 186
Next Steps…
Date Process Step
Apr 21, 2020 Planning & Zoning Commission to Review and Provide by June 10th
Recommended Capital Projects List for 2021
Apr 27, 2020 Review Capital and Possible Alternative Financing Project Requests
May 11, 2020 City Council and Staff 2021 Budget Workshop to discuss the
following for each Department:
•Priorities/Initiatives
•Operational Requests
Personnel/FTE Changes
Program/Service Changes
Rate or Fee Changes
•Capital Requests
Jun 10, 2020 •P&Z Commission Recommended Capital Improvement Plan
Project List to CMO
39
Apr
May
Jun
Page 53 of 186
Questions and/or Comments?
40Page 54 of 186
Appendix
Presentation Reference Materials
41Page 55 of 186
General Fund5 Year Revenue History Pre-Coronavirus Mitigation Efforts
42
5 Year Average Data
2015 2016 2017 2018 2019 5 Yr Ave 2020 2020 $ Change % Change $ Change % Change
General Fund - Revenue
Actual Actual Actual Actual Unaudited
Actuals
2019 vs 2018
$ Change
2019 vs 2018
% Change
%
of Total
Budget Estimate Annualized
5 Yr Ave
Annualized
5 Yr Ave
Annualized
3 Yr Ave
Annualized
3 Yr Ave
Property Tax $2,917,413 $3,347,303 $3,378,299 $4,014,748 $4,018,337 $3,589 0.1% 7.4% $4,604,000 $4,604,000 $220,185 7.50% $213,346 6.30%
Sales & Use Taxes 26,603,384 26,300,116 27,921,007 30,662,739 31,591,514 928,775 3.0% 60.1% 32,649,281 32,649,281 997,626 3.70% 1,223,502 4.40%
Franchise Fees 3,320,046 3,292,110 3,543,428 3,478,660 3,449,288 (29,372) -0.8% 7.2% 3,475,000 3,475,000 25,848 0.80% (31,380) -0.90%
Licenses & Permits 1,612,118 1,559,986 1,798,989 1,755,377 1,914,077 158,699 9.0% 3.6% 1,461,943 1,461,943 60,392 3.70% 38,363 2.10%
Intergovernmental Revenue 1,766,019 2,001,654 1,687,808 1,869,486 1,541,946 (327,540) -17.5% 3.7% 1,234,353 1,234,353 (44,815) -2.50% (48,621) -2.90%
Charges for Services 2,964,142 2,568,493 2,618,423 2,980,526 2,881,444 (99,082) -3.3% 5.9% 3,008,811 3,008,811 (16,540) -0.60% 87,674 3.30%
Recreation Program Fees 2,464,613 2,593,488 2,488,575 2,440,086 2,306,642 (133,444) -5.5% 5.2% 2,714,142 2,714,142 (31,594) -1.30% (60,644) -2.40%
Contribution from Component Units 873,347 350,193 1,521,799 1,609,972 1,356,827 (253,146) -15.7% 2.4% 1,643,000 1,643,000 96,696 11.10% (54,991) -3.60%
Specific Ownership Tax 305,166 344,604 573,622 538,793 577,106 38,314 7.1% 1.0% 525,000 525,000 54,388 17.80% 1,161 0.20%
Cigarette Tax 188,285 193,149 193,668 180,196 166,155 (14,041) -7.8% 0.4% 180,000 180,000 (4,426) -2.40% (9,171) -4.70%
Hotel/Motel Tax 12,060 12,734 19,641 23,279 26,876 3,597 15.5% 0.0% 20,000 20,000 2,963 24.60% 2,412 12.30%
Library Fines 16,587 15,764 15,305 16,508 8,750 (7,758) -47.0% 0.0% 10,000 10,000 (1,567) -9.40% (2,185) -14.30%
Fines & Forfeitures 1,030,681 726,518 633,061 817,572 672,949 (144,623) -17.7% 1.6% 697,100 697,100 (71,546) -6.90% 13,296 2.10%
Interest Income 43,866 44,120 66,670 261,941 491,630 229,689 87.7% 0.4% 304,946 304,946 89,553 204.20% 141,653 212.50%
Other Income 217,198 612,140 364,589 596,394 699,039 102,645 17.2% 1.0% 435,099 435,099 96,368 44.40% 111,483 30.60%
Other Revenue Subtotal 14,814,128 14,314,953 15,525,578 16,568,791 16,092,730 (476,061) -2.9% 32.4% 15,709,394 15,709,394 255,720 1.70% 189,051 1.20%
Total Revenue $44,334,925 $43,962,372 $46,824,884 $51,246,278 $51,702,581 $456,303 0.9% 99.9% $52,962,675 $52,962,675 $1,473,531 3.30% $1,625,899 3.50%Page 56 of 186
General Fund5 Year Expenditure HistoryPre-Coronavirus Mitigation Efforts
43
5 Year Average Data
2015 2016 2017 2018 2019 2020 Annualized Annualized
Actual Actual Actual Actual Unaudited 2019 vs 2018 2019 vs 2018 5 Yr Ave Budget $ Change % Change $ Change % Change
Actual $ Change % Change % of Total 5 Yr Ave 5 Yr Ave 3 Yr Ave 3 Yr Ave
General Fund - Expenditures
Legislation 341,751$ 375,973$ 378,831$ 290,290$ 316,503$ 26,213$ 9.0% 0.8% 334,808$ (5,050)$ -1.5% (20,776)$ -5.5%
City Manager's Office (Includes Fire
Services)9,580,245 6,674,569 6,238,837 6,834,367 7,140,697 306,330$ 4.5% 16.4% 8,457,201 (487,910) -5.1% 300,620 4.8%
City Attorney's Office 717,683 669,730 812,393 836,953 837,637 684$ 0.1% 1.7% 959,114 23,991 3.3% 8,415 1.0%
Municipal Court 986,422 934,377 928,801 998,002 1,074,700 76,699$ 7.7% 2.2% 1,262,559 17,656 1.8% 48,633 5.2%
Human Resources - - 607,745 844,519 829,867 (14,653)$ -1.7% 1.0% 1,476,657 165,973 #DIV/0! 74,041 12.2%
Finance & Administrative Services (As
of 2015 Includes Human Resources
which is Separated in 2017)2,246,031 2,486,251 1,793,832 1,387,486 1,577,082 189,596$ 13.7% 4.3% 1,568,044 (133,790) -6.0% (72,250) -4.0%
Information Technology 1,387,054 1,463,983 1,598,072 2,245,656 2,771,600 525,944$ 23.4% 4.3% 3,439,345 276,909 20.0% 391,176 24.5%
Community Development 1,935,996 1,954,188 1,894,657 2,196,051 2,379,527 183,476$ 8.4% 4.7% 2,842,103 88,706 4.6% 161,623 8.5%
Public Works 5,707,695 5,917,143 6,057,247 5,839,814 6,193,631 353,817$ 6.1% 13.4% 7,169,062 97,187 1.7% 45,461 0.8%
Police 12,448,235 13,221,779 13,889,727 13,848,526 14,392,692 544,165$ 3.9% 30.5% 14,646,315 388,891 3.1% 167,655 1.2%
Parks, Recreation and Library Services 6,780,438 6,858,400 7,054,876 7,110,946 7,346,394 235,448$ 3.3% 15.8% 8,245,605 113,191 1.7% 97,173 1.4%
Communications - - 316,360 368,811 412,464 43,654$ 11.8% 0.5% 694,073 82,493 #DIV/0! 32,035 10.1%
Contingencies 511,879 241,497 191,215 215,936 217,075 1,139$ 0.5% 0.6% 428,691 (58,961) -11.5% 8,620 4.5%
Debt Service-Civic Center 1,466,073 1,513,680 1,441,334 1,441,261 1,442,137 876$ 0.1% 3.3% 1,439,098 (4,787) -0.3% 268 0.0%
Debt Service-Other 227,687 350,655 117,033 120,272 125,927 5,655$ 4.7% 0.5% 127,014 (20,352) -8.9% 2,965 2.5%
Total Expenditure 44,337,189$ 42,662,225$ 43,320,959$ 44,578,888$ 47,057,931$ 2,479,043$ 5.6% 100.0% 53,089,689$ 544,148$ 1.2% 1,245,657$ 2.9%Page 57 of 186
General Government
Debt Service
2016
Actual
2017
Actual
2018
Actual
2019
Unaudited
2020
Budget
2021
Forecast
2022
Forecast
2023
Forecast
2024
Forecast
2025
Forecast
General
Fund
COPs
$1,861,642 $1,558,367 $1,440,425 $1,568,159 $1,563,611 $1,572,583 $1,577,960 $1,575,848
Recreation
GO Bonds $1,104,775 $1,107,431 $1,105,620 $1,110,800 $1,112,750 $1,103,800 $1,104,400 $621,000
Police HQ
GO Bonds $1,215,618 $2,213,690 $2,216,013 $2,221,713 $2,218,963 $2,218,963 $2,221,463 $2,216,213 $2,192,463
$-
$1,250,000
$2,500,000
$3,750,000
$5,000,000
44Page 58 of 186
Fund Types
Function/
Activity
Fund Type Fund Type Description
Governmental General Fund The primary operating fund. It accounts for all financial resources of the general government, except those
required to be accounted for in another fund.
Special Revenue
Funds
Account for the proceeds of specific revenue sources that are legally restricted for expenditures of specified
purposes.
Debt Service
Funds
Account for the accumulation of resources and payment of general obligation bond principal and interest from
governmental resources and special assessment bond and loan principal and interest from special
assessment levies when the government is obligated in some manner for payment
Capital Projects
Funds
Account for financial resources to be used for the acquisition and/or construction of major capital facilities other
than those financed by the proprietary funds.
Proprietary Enterprise
Funds
Operate in a manner similar to private business. The costs (expenses, including depreciation) of providing
goods or services are recovered primarily through user fees/charges.
The Colorado Constitution defines an enterprise as a “government-owned business authorized to issue its
own revenue bonds and receiving under 10% of annual revenue in grants from all Colorado state and local
governments combined.”
Internal Service
Funds
Account for the financing of goods or services provided by one department or agency to other departments or
agencies of the City on a cost-reimbursement basis.
45Page 59 of 186
General Fund Revenue Sources
Taxes:
•Sales and Use Tax: Sales and use taxes are the most important and volatile revenue sources for the City. Sales and use taxes
generate approximately 79 percent of all taxes and 58 percent of total revenues collected. Sales tax is calculated by multiplying the
sales price of taxable goods times the sales tax rate of 3.5 percent. Use Tax is the tax imposed on taxable goods stored, consumed or
used in the City that were purchased at retail outside the City limits or when sales tax is owed, but is not collected at the point of sale.
•Property taxes: These taxes are collected based on the assessed value of all the properties in the City and the mill levy assessed on
the property. In 2001, voters approved an additional mill levy for principal and interest payments on the City’s general obligation debt
issued for certain parks and recreation projects, construction of Pirates Cove and remodeling of the Englewood Recreation Center and
the Malley Senior Recreation Center. In 2016, the voters approved a dedicated mill levy for the construction of a new Englewood Police
Headquarters building. The additional property tax mill levy varies based on the debt service payment of the City’s general obligation
debt.
•Franchise Fees: The City collects a number of taxes on various utilities. This includes franchise tax on water, sewer, and public
services, as well as occupational taxes on telephone services.
•Specific ownership: These taxes are based on the age and type of motor vehicles, wheeled trailers, semitrailers, etc.
•Cigarette Taxes: The State of Colorado levies a $.20 per pack tax on cigarettes. The State distributes 46 percent of the gross tax to
cities and towns based on the pro rata share of state sales tax collections in the previous year. These taxes have fallen significantly in
the past and continue to fall after the 2009 federal tax increase of approximately $.62 per pack went into effect. This federal tax increase
funds the State Children’s Health Insurance Program (SCHIP).
•Hotel/Motel Tax: This tax is levied at two percent of the rental fee or price of lodging for under 30 days duration.
46Page 60 of 186
General Fund Revenue Sources (cont.)
Charges for Services:
•Charges for Services: This includes general government, public safety, fees for the administration of the utilities funds, court
costs, highway and street and other charges.
•Recreation Program Fees: This category of revenue includes the fees and charges collected from customers to participate in
the various programs offered by the Parks and Recreation Department.
Intergovernmental Revenues:This revenue source includes state and federal shared revenues, grant allocations and payments
in lieu of taxes.
Licenses and Permits:This revenue category includes business licenses and building permits.
Contribution from Component Units:This represents the net rental proceeds from the Englewood/McLellan Reservoir
Foundation (EMRF).
Fines and Forfeitures:
•Library Fines: This revenue source includes library fines for materials checked out but returned past the due date.
•Fines and Forfeitures: This revenue source includes court, traffic violation, and other fines.
Interest:This is the General Fund’s proportional amount earned on the City’s pooled cash investments.
Other:This revenue category accounts for those revenue sources that do not fit in any of the above categories.
47Page 61 of 186
Property Tax Overview
Actual vs Assessed Valuation -The assessor determines the actual (market) value for all real and personal property and property appraisals are completed every odd year. The assessment rate is multiplied by the actual value to determine the assessed value. In Colorado the residential assessment rate (RAR) is recalculated every odd year to coincide with the property appraisals as of 2019 and 2020 the RAR is 7.15%.
For all other properties including commercial, personal property, vacant land and agricultural land, the assessment rate is 29%.
Mill Levy is the "tax rate" that is applied to the assessed value of a property. One mill is one dollar per $1,000 dollars of assessed value.
The mill levy is established by each taxing authority such as a school, county, local government, and districts such as fire, water, sanitation, library, and parks and recreation.
Property Tax Calculation: Actual Value x Assessment Rate x Mill Levy/1,000
General Fund Mill Levy Property Tax Calculation Example:
Residential: $100,000 X .0715 X 5.88/1,000 = $42.04
Nonresidential: $100,000 X .290 X 5.88/1,000 = $170.52
48Page 62 of 186
Fund Balance
Composition
Description
Reserves
Taxpayer’s Bill of
Rights (TABOR)
Emergency
The TABOR Amendment, passed by the voters in 1992, requires at least 3% of fiscal year
spending, excluding bonded debt service, be kept in the TABOR Emergency Reserve.
The reserve can only be used for non-fiscal emergencies, such as natural disasters and must be
replenished in the fiscal year after money is withdrawn.
Long-Term Asset
Reserve (LTAR)
During the 2008 Budget cycle, the City Council approved Resolution No. 90 Series 2007, that
created the LTAR and provided that funds from the sale, lease, or earnings from long-term assets
should be used in a careful, judicious and strategic manner.
The funds can only be expended if the funds are appropriated in the annual budget or by
supplemental appropriation.
Unassigned Fund
Balance Unrestricted balance that is available for City Council Appropriation.
General Fund –Fund Balance
49Page 63 of 186
CPI –All Urban ConsumersDenver-Aurora-Lakewood, CO
Source: https://data.bls.gov/timeseries/CUURS48BSA0?amp%253bdata_tool=XGtable&output_view=data&include_graphs=true50
Series Id:
Series Title:
Area:
Item:
Base Period:
Years:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2
2009 208.548 207.444 209.652
2010 212.447 210.978 213.916
2011 220.288 219.055 221.521
2012 224.568 222.960 226.177
2013 230.791 229.142 232.439
2014 237.200 235.736 238.664
2015 239.990 238.086 241.895
2016 246.643 245.191 248.095
2017 258.614 254.995 252.760 257.230
2018 259.907 260.595 262.150 261.707 263.723 263.679 261.958 260.790 263.127
2019 260.942 264.332 266.280 267.285 270.974 271.142 266.999 264.147 269.850
Original Data Value
CUURS48BSA0
Not Seasonally Adjusted
All items in Denver-Aurora-Lakewood, CO, all urban
Denver-Aurora-Lakewood, CO
All items
1982-84=100
2009 to 2019
CPI for All Urban Consumers (CPI-U)Page 64 of 186
Source: Colorado Legislative Council Staff March 2020 Economic & Revenue Forecast,
March 16, 2020, page 56
National Economic Indicators
51Page 65 of 186
From:Pamela Beets
To:Jayde Truscott Reed
Subject:letter
Date:Monday, April 6, 2020 1:35:30 PM
Dear Mayor and Council,
Thank you for your readiness to address the issues of the Residential Bulk Plane, Set back and
Lot Coverage.
Please vote in favor of returning the Bulk Plane, Set back and Lot Coverage in residential
districts to conform to the traditional height, set back and compatibility of existing
neighborhoods. This does not need more discussion, it needs to be done now to preserve our
neighborhoods and protect homeowner's interests. It can be done now without negatively
impacting the Comprehensive Title 16 Review. The Bulk Plane ‘bundle’ must be immediate
and apply to all builds going forward. We can’t wait, our neighborhoods are being irrevocably
destroyed and our quality of living damaged daily.
This supports homeowner’s concerns: financial, architectural and quality of life issues. It
supports the cornerstone guidelines set by Community Development:
Are compatible with the mass and scale of the established buildings in the neighborhood or
area;
Maintain the scale of buildings as seen from the street;
Minimize the visual impact of new buildings on adjacent properties;
Promote access to light and air;
Encourage preservation of historically significant structures;
Reduce the visual and infrastructure impacts of impervious areas;
Preserve the existing mature tree canopy;
Encourage design diversity;
Maintain a sense of privacy
I would like to clarify my comments asking for homeowner's input into the process of
deciding these issues. It has appeared for the past several years that there has been a refusal to
acknowledge the impact the changes in the Bulk Plane, Set Back and Lot Coverage have had
on resident’s personally and our neighborhoods in general, and the only possible way to
convince you otherwise was to ask for resident input. That has changed with Council’s and
Community Development’s willingness to return the Bulk Plane, Set Back and Lot Coverage
to their former existing residential standards.
This is the heart of the matter: Mayor Olsen and Council members will you act now to protect
the interests of homeowners ? Will you act now to preserve the unique character of our
neighborhoods and homes? It has always been true that a decision by Council and
Community Development was all that was needed to reset the Residential Bulk Plane, Set
back and Lot Coverage to traditional existing homes standards.
Respectfully,
Pamela Beets
Page 66 of 186
From:Vicki Hoffmann
To:City Clerk
Subject:Fwd: Public Comment
Date:Sunday, April 5, 2020 2:13:23 PM
Sent from Xfinity Connect App
------ Original Message ------
From: Vicki Hoffmann
To: Rita Russell, Cheryl Wink, Dave Cuesta , Othoniel Sierra, Joe Anderson, John Stone,
Linda Olson
Sent: April 5, 2020 at 12:59 PM
Subject: Public Comment
Council
In light of the uncertainty of the pandemic and the economic impacts I am suggesting
temporary pay reductions to staff employees. Since none of us know when this shelter in place
will actually be lifted here are my suggestions.
1. Reduce Director’s and City Manager pay by 20-25%. They make the most money and
currently are not commuting to city hall to my knowledge and probably have the best benefits
and the most long term savings accounts.
2. Reduce mid level worker’s pay by 10-15%
3. Keep the lower level entry staff at their regular pay or give them a small increase since they
are probably more at risk for possible exposure.
These steps are being implemented by many private sector corporations and I believe since
many citizens and businesses are being heavily affected financially this would help the cities
financial stability if this order extends past April 30 and set an example for the people of
Englewood who are faced with so much uncertainty right now. Let’s set the example to our
community!
Just a thought~
Vicki Hoffmann
Sent from Xfinity Connect App
Page 67 of 186
From:Kathleen B
To:City Clerk
Subject:My Public Statement for the Teleconferenced City Council Special/Regular Meeting 06 Apr 2020
Date:Wednesday, April 1, 2020 10:35:59 AM
Teleconferenced City Council Special/Regular Meeting 06 Apr 2020
Governing City Council,
During the 3/30/20 Study Session I witnessed a remarkable and appreciated readiness by
Community Development to take IMMEDIATE action in response to YEARS of outreach
from Citizens seeking relief and protection for RESIDENTIAL Districts (that Community
Develoment clarifies will NOT apply to Business or Industrial Districts). Thank You
Community Development Team!
Director Power, Planning Manager Burkholder, and Senior Planner Bell informed you that all
three elements, Bulk Plane, Set Back, Lot Coverage are “number” changes, can be done in-
house, begun immediately, done well, w/o harm to the planned future “Comprehensive Title
16 Review”, and can be completed this year.
Planner Bell identified the “associated” elements - “the tentacles” Member Olson was
“worried” about, that are not being addressed in this Bundle are “Landscaping and Parking”
And YET COUNCIL IS DELAYING?!?
By my count -
Member Cuesta is willing to do this “Bundle” Now.
Member Russell is willing to doing this “Bundle” Now.
Member Stone is willing to do this “Bundle” Now.
Member Sierra recommends putting off the $50 Grand Community Outreach RFP to 2021,
and 2022 for $250 Comprehensive Title 16 Review due to the economic uncertainties and
recovery needs resulting from COVID19.
Member Anderson does not want to do this now and wants to wait and include this in the
future “Comprehensive Title 16 Review”, however Member Anderson is at least reluctantly
“willing” to bundle and address the “three” Now.
Member Wink is FLAT OUT UNWILLING to do this “Bundle” and address these now.
Somehow Mayor/Member Olson concluded that Council Wants to go forward with the
$50,000 RFP to seek Firms to do the Community Outreach for a future $250,000
“Comprehensive Title 16 Review“ - in order to be ”ready” to award the $50,000, AND THEN
WAIT a couple of months to see if Community Outreach can actually be done relative to
COVID19 - before awarding $50,000 RFP to a Firm for Community Outreach in 2020, in
order to then BEGIN A COMMITMENT to seek Firms to begin in 2021 the $250,000
“Comprehensive Title 16 Review” Clean Up project (clearing Out language and code like
Page 68 of 186
restrictions on how many non related individuals can reside in a home) BEFORE THESE
“CURRENT“ DIMENSIONAL ISSUES WILL EVEN BEGIN TO BE CONSIDERED LET
ALONE RESOLVED.
HMMMM.
A “Comprehensive Title 16 Review“ can be targeted for Two, Three, Four years from now
Without Hurting Anyone!
While a “solution” to the CURRENT REAL ONGOING ISSUE can instead BEGIN
Immediately and be achieved THIS YEAR.
I am asking the MAJORITY of Council to please reflect on what Community Development
informed you of on 3/30/20, and reconsider just WHY you can “justify” waiting two months
in the hopes to begin an “eventual” “solution“ to a CURRENT REAL ONGOING ISSUE that
won’t even get addressed or resolved for years stuck WITHIN a “Comprehensive Review“ of
THE ENTIRE TITLE 16!
PLEASE reconsider and give Community Development the Directive to begin NOW on this
”bundle” and allow for a LONG SOUGHT RELIEF and “SOLUTION” to this CURRENT
REAL ONGOING ISSUE by end of THIS year.
Thank you,
Kathleen Bailey
District 4
Sent from my iPhone
Page 69 of 186
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Heather Driscoll
DEPARTMENT: Finance & Administrative Services
DATE: April 6, 2020
SUBJECT: CB #13 - Tax for On-Line Sales for 3rd Party Vendors
DESCRIPTION:
CB #13 - Tax for On-Line Sales for 3rd Party Vendors
RECOMMENDATION:
Staff is asking City Council to review and approve, on First Reading, Council Bill #13, providing
for specific rules associated with marketplace retailers' collection and remittance of sales tax, all
within the City of Englewood.
PREVIOUS COUNCIL ACTION:
On March 4, 2019, the City Council approved Ordinance 11-19 updating Section 4-4-2 of the
Englewood Municipal Code, providing for definitions in association with the assessment and
collection of the City's sales tax.
On or before the 1985 adoption of the Englewood Municipal Code, the City of Englewood
provided for the assessment and collection of sales tax upon all retail sales and purchases of
tangible personal property within the boundaries of the City, including delivery within the City.
(EMC 4-4-4-1)
SUMMARY:
The State of Colorado and the City of Englewood separately impose sales tax on retail sales of
tangible personal property, commodities, and certain services. A retailer making sales in
Colorado and within Englewood is typically required to collect applicable state and local sales
taxes.
On June 21, 2018, the United States Supreme Court resolved the legal question regarding
whether businesses without a physical presence in a State can be required to collect and remit
sales taxes on transactions within the jurisdiction. It determined that out of jurisdiction on-line
sellers can be held to the same standards as retailers located within a State.
The Colorado General Assembly enacted legislation effective October 1, 2019, explicitly
directing sales tax collection responsibilities to marketplace facilitators for sales within their
marketplaces. A marketplace facilitator is an individual or legal entity that allows a marketplace
seller to offer for sale tangible goods commodities, or services through a marketplace. A
marketplace seller is an individual or legal entity who has an agreement with a marketplace
facilitator and offers for sale tangible personal property, commodities, or services in or through
the marketplace facilitator’s marketplace, and a multi-channel seller offers tangible personal
Page 70 of 186
property, commodities, or services for sale through both marketplaces and other means—such
as their own store, or on their own website.
These collection responsibilities apply to any sales made in or through a marketplace
facilitator’s marketplace as defined by the legislation. There is an exception for small
marketplace facilitators who do less than $100,000 of business annually.
All businesses and retailers, both brick and mortar and on-line, that are in compliance with the
City’s sales and use tax provisions, seek fair and balanced participation by all businesses that
sell products within the City of Englewood without advantage to marketplace or multi-channel
sellers/retailers.
ANALYSIS:
Through this proposed action the City of Englewood seeks to maintain procedural conformity
with the State of Colorado’s established sales tax definitions and requirements regarding on-line
marketplace and multi-channel sellers/retailers, as set forth within C.R.S. 39-26-102, while
clarifying the expectations set forth with Englewood Municipal Code § 4-4-4 which imposes a
sales tax upon all retail sales and purchases of tangible personal property within the boundaries
of the City, “including delivery within the boundaries of the City”.
FINANCIAL IMPLICATIONS:
Through research conducted by the Finance Department and City Attorney's Office, Staff
anticipates a minimum increase in monthly sales tax revenue of $10,000. Staff is working
towards implementing this requirement with multiple vendors and expects to have processes in
place to collect tax beginning in July 2020. There will be a ramp up period and tax collected may
not reach the minimum amount until later in 2020.
ALTERNATIVES:
Staff highly recommends City Council approve the Ordinance.
CONCLUSION:
Staff is asking City Council to review and approve, on First Reading, Council Bill #13, providing
for specific rules associated with marketplace retailers' collection and remittance of sales tax, all
within the City of Englewood. Approving the Ordinance will enable the City to maintain
procedural conformity with the State of Colorado’s established sales tax definitions and
requirements.
ATTACHMENTS:
Council Bill #13
Page 71 of 186
1
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 13
SERIES OF 2020 INTRODUCED BY COUNCIL
MEMBER _______________
A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4,
SECTIONS 2 REGARDING DEFINITIONS APPLICABLE TO SALES
AND USE TAX AND ADDING TITLE 4, CHAPTER 4, SECTION
4-9 REGARDING PAYMENT OF SALES TAX OWED BY
MARKETPLACE FACILITATORS, ALL WITHIN THE CITY
OF ENGLEWOOD, COLORADO.
WHEREAS, Englewood Municipal Code § 4-4-4 imposes a sales tax upon all retail sales and
purchases of t angible personal property within the boundaries of the City, “including delivery
within the boundaries of the City”;
WHEREAS, Englewood Municipal Code § 4-4-5 imposes a use tax upon the initial privilege
of storing, using or consuming within the boundaries of the City any articles of tangible personal
property purchased at retail from sources outside the corporate limits of the City;
WHEREAS, On June 21, 2018, the United States Supreme Court ruled that businesses without
a physical presence in a State can be required to collect and remit sales taxes on transactions within
the jurisdiction;
WHEREAS, While most on-line retailers currently collect and remit Englewood sales tax for
goods sold and delivered within City of Englewood boundaries for sales of their own products but
may not collect sales tax for sale of products carried by retailers who sell their products through
another on-line seller (marketplace or multichannel sellers/retailers);
WHEREAS, A marketplace seller is an individual or legal entity who has an agreement with
a marketplace facilitator and offers for sale tangible personal property, commodities, or services
in or through the marketplace facilitator’s marketplace, and a multichannel seller offers tangible
personal property, commodities, or services for sale through other means—such as their own store,
or on their own website;
WHEREAS, All businesses and retailers, both brick and mortar and on-line, that are in
compliance with the City’s sales and use tax provisions, seek fair and balanced participation by all
businesses that sell products within the City of Englewood without advantage to marketplace or
multichannel sellers/retailers; and
WHEREAS, The City o f Englewood seeks to maintain procedural conformity with the State
of Colorado’s established sales tax definitions and requirements regarding on-line marketplace and
multichannel sellers/retailers, as set forth within C.R.S. 39-26-102.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Page 72 of 186
2
In accordance with the provisions of the Englewood Municipal Code the following
amendments to Title 4, Municipal Finances and Taxation, are hereby approved:
Section 1. Amendment of Title 4, Chapter 4, Section 2. Title 4, Chapter 4, Section 2 of the
Englewood Municipal Code shall be amended by adding the following:
4-4-2: Definitions.
When used in this Chapter, the following words and phrases shall have the following meanings, unless
from the context it clearly appears that a different meaning is indicated:
Agricultural Producer means a person regularly engaged in the business of using land for the
production of commercial crops or commercial livestock. The term includes farmers, market gardeners,
commercial fruit growers, livestock breeders, dairymen, poultrymen, and other persons similarly engaged,
but does not include a person who breeds or markets animals, birds, or fish for domestic pets nor a person
who cultivates, grows, or harvests plants or plant products exclusively for that person's own consumption
or casual sale.
Auction means any sale where tangible personal property is sold by an auctioneer who is either the
agent for the owner of such property or is in fact the owner thereof.
Automotive Vehicle means any vehicle or device in, upon, or by which any person or property is or
may be transported or drawn upon a public highway, or any device used or designed for aviation or flight
in the air. Automotive Vehicle includes, but is not limited to, motor vehicles, trailers, semi -trailers, or mobile
homes. Automotive Vehicle shall not include devices moved by human power or used exclusively upon
stationary rails or tracks.
Business means all activities engaged in or caused to be engaged in with the object of gain, benefit,
or advantage, direct or indirect.
Candy means a preparation of sugar, honey, or other natural or artificial sweeteners in combination
with chocolate, fruit, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. Candy
does not include any preparation containing flour, products that require refrigeration or marijuana infused
products.
Carrier Access Services means the services furnished by a local exchange company to its customers
who provide telecommunications services which allow them to provide such telecommunications services.
Charitable Organization means any entity which: (1) has been certified as a nonprofit organization
under Section 501(c)(3) of the Internal Revenue Code, and (2) is an organization which exclusively, and in
a manner consistent with existing laws and for the benefit of an indefinite number of persons or animals,
freely and voluntarily ministers to the physical, mental, or spiritual needs of persons or animals, and thereby
lessens the burden of government.
City means the municipality of Englewood.
Coin Operated Device means any device operated by coins or currency or any substitute therefor.
Coins means monetized bullion or other forms of money manufactured from gold, silver, platinum,
palladium or other such metals now, in the future or heretofore designated as a medium of exchange under
the laws of this State, the United States or any foreign nation.
Collection Costs shall include, but is not limited to, all costs of audit, assessment, bank fees, hearings,
execution, lien filing, distraint, litigation, locksmith fees, auction fees and costs, prosecution and attorney
fees.
Commercial Packaging Materials means containers, labels, and/or cases, that become part of the
finished product to the purchaser, used by or sold to a person engaged in manufacturing, compounding,
wholesaling, jobbing, retailing, packaging, distributing or bottling for sale, profit or use, and is not returnable
to said person for reuse. Commercial Packaging Materials does not include Commercial Shipping Materials.
Commercial Shipping Materials means materials that do not become part of the finished product to the
purchaser which are used exclusively in the shipping process. Commercial Shipping Materials include but
Page 73 of 186
3
are not limited to containers, labels, pallets, banding material and fasteners, shipping cases, shrink wrap,
bubble wrap or other forms of binding, padding or protection.
Community Organization means a nonprofit entity organized and operated exclusively for the
promotion of social welfare, primarily engaged in promoting the common good and general welfare of the
community, so long as: (1) no part of the net earnings of which inures to the benefit of any private
shareholder or individual; (2) no substantial part of the activities of which is carrying on propaganda, or
otherwise attempting to influence legislation; and (3) which does not participate in, or intervene in (including
the publishing or distributing of statements), any political campaign on behalf of any candidate for public
office.
Construction Equipment means any equipment, including mobile machinery and mobile equipment,
which is used to erect, install, alter, demolish, repair, remodel, or otherwise make improvements to any real
property, building, structure or infrastructure.
Construction Materials means tangible personal property which, when combined with other tangible
personal property, loses its identity to become an integral and inseparable part of a structure or project
including public and private improvements. Construction Materials include, but are not limited to, such
things as: asphalt, bricks, builders' hardware, caulking material, cement, concrete, conduit, electric wiring
and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel,
insulation, lath, lead, lime, lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe
fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe,
sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs and other landscaping materials, wall
board, wall coping, wallpaper, weather stripping, wire netting and screen, water mains and meters, and
wood preserver. The above materials, when used for forms, or other items which do not remain as an
integral and inseparable part of completed structure or project are not construction materials.
Consumer means any person in the City who purchases, uses, stores, distributes or otherwise
consumes tangible personal property or taxable services, purchased from sources inside or outside the
City.
Contract Auditor means a duly authorized agent designated by the taxing authority and qualified to
conduct tax audits on behalf of and pursuant to an agreement with the municipality.
Contractor means any person who shall build, construct, reconstruct, alter, expand, modify, or improve
any building, dwelling, structure, infrastructure, or other improvement to real property for another party
pursuant to an agreement. For purposes of this definition, Contractor also includes subcontractor.
Cover Charge means a charge paid to a club or similar entertainment establishment which may, or
may not, entitle the patron paying such charge to receive tangible personal property, such as food and/or
beverages.
Data Processing Equipment means any equipment or system of equipment used in the storage,
manipulation, management, display, reception or transmission of information.
Digital Product means an electronic product including, but not limited to: (1) "digital images" which
means works that include, but are not limited to, the following that are generally recognized in the ordinary
and usual sense as "photographs," "logos," "cartoons," or "drawings," (2) "digital audio-visual works" which
means a series of related images which, when shown in succession, impart an impression of motion,
together with accompanying sounds, if any, (3) "digital audio works" which means works that result from
the fixation of a series of musical, spoken, or other sounds, including ringtones. For purposes of the
definition of "digital audio works", "ringtones" means digitized sound files that are downloaded onto a device
and that may be used to alert the customer with respect to a communication, and (4) "digital books" which
means works that are generally recognized in the ordinary and usual sense as "books".
Distribution means the act of distributing any article of tangible personal property for use or
consumption, which may include, but not be limited to, the distribution of advertising gifts, shoppers guides,
catalogs, directories, or other property given as prizes, premiums, or for goodwill or in conjunction with the
sales of other commodities or services.
Page 74 of 186
4
Dual Residency means those situations including, but not limited to, where a person maintains a
residence, place of business or business presence, both within and outside the City. A person shall be
deemed to have established a legitimate residence, place of business or business presence outside of the
City for purposes of dual residency if the person has a physical structure owned, leased or rented by such
person which is designated by street number or road location outside of the City, has within it a telephone
or telephones in the name of such person and conducts business operati ons on a regular basis at such
location in a manner that includes the type of business activities for which the business (person), as defined
in this Code, is organized.
Dwelling Unit means a building or any portion of a building designed for occupancy as complete,
independent living quarters for one (1) or more persons, having direct access from the outside of the
building or through a common hall and having living, sleeping, kitchen and sanitary facilities for the exclusive
use of the occupants.
Engaged in Business in the City means performing or providing services or selling, leasing, renting,
delivering or installing tangible personal property for storage, use or consumption, within the City. Engaged
in Business in the City includes, but is not limited to, any one of the following activities by a person: (1)
directly, indirectly, or by a subsidiary maintains a building, store, office, salesroom, warehouse, or other
place of business within the taxing jurisdiction; (2) sends one or more employees, agents or commissioned
sales persons into the taxing jurisdiction to solicit business or to install, assemble, repair, service, or assist
in the use of its products, or for demonstration or other reasons; (3) maintains one or more employees,
agents or commissioned sales persons on duty at a location within the taxing jurisdiction; (4) owns, leases,
rents or otherwise exercises control over real or personal property within the taxing jurisdiction; (5) is
required to collect and remit sales tax as a marketplace facilitator or (56) makes more than one delivery
into the taxing jurisdiction within a twelve month period.
Factory Built Housing means a manufactured home or modular home.
Farm Closeout Sale means full and final disposition of all tangible personal property previously used
by a farmer or rancher in farming or ranching operations which are being abandoned.
Farm Equipment means any farm tractor, as defined in Section 42-1-102(33), C.R.S., any implement
of husbandry, as defined in Section 42-1-102(44), C.R.S., and irrigation equipment having a per unit
purchase price of at least one thousand dollars ($1,000.00). Farm Equipment also includes, regardless of
purchase price, attachments and bailing wire, binders twine and surface wrap used primarily and directly in
any farm operation. Farm Equipment also includes, regardless of purchase price, parts that are used in the
repair or maintenance of the Farm Equipment described in this Paragraph, all shipping pallets, crates, or
aids paid for by a farm operation, and aircraft designed or adapted to undertake agricultural applications.
Farm Equipment also includes, regardless of purchase price, dairy equipment. Except for shipping pallets,
crates or aids used in the transfer or shipping of agricultural products, Farm Equipment does not include:
(1) vehicles subject to the registration requirements of Section 42-3-103, C.R.S., regardless of the purpose
for which such vehicles are used; (2) machinery, equipment, materials, and supplies used in a manner that
is incidental to a farm operation; (3) maintenance and janitorial equipment and supplies; and (4) tangible
personal property used in any activity other than farming, such as office equipment and supplies and
equipment and supplies used in the sale or distribution of farm products, research, or transportation.
Farm Operation means the production of any of the following products for profit, including, but not
limited to, a business that hires out to produce or harvest such products: (1) agricultural, viticultural, fruit,
and vegetable products; (2) livestock; (3) milk; (4) honey; and (5) poultry and eggs.
Finance Director means the Finance Director of the City of Englewood or such other person designated
by the municipality; Finance Director shall also include such person's designee.
Food For Home Consumption means food for domestic home consumption as defined in 7 U.S.C.
Section 2012(k) (2014), as amended, for purposes of the supplemental nutrition assistance program, or
any successor program, as defined in 7 U.S.C. Section 2012(t), as amended; except that "f ood" does not
include carbonated water marketed in containers; chewing gum; seeds and plants to grow foods; prepared
salads and salad bars; packaged and unpackaged cold sandwiches; deli trays; and hot or cold beverages
served in unsealed containers or cups that are vended by or through machines or non-coin-operated coin
collecting food and snack devices on behalf of a vendor.
Page 75 of 186
5
Garage Sales means sales of tangible personal property, except automotive vehicles, occurring at the
residence of the seller, where the property to be sold was originally purchased for use by members of the
household where such sale is being conducted. The term includes, but is not limited to, yard sales, estate
sales, and block sales.
Gross Sales means the total amount received in money, credit, property or other consideration valued
in money for all sales, leases, or rentals of tangible personal property or services.
Internet Access Services means services that provide or enable computer access by multiple users to
the Internet, but shall not include that portion of packaged or bundled services providing phone or television
cable services when the package or bundle includes the sale of Internet Access Services.
Internet Subscription Service means software programs, systems, data and applications available
online through rental, lease or subscription, that provide information and services including, but not limited
to, data linking, data research, data analysis, data filtering or record compiling.
License means a City of Englewood sales and/or use tax license.
Linen Services means services involving the provision and cleaning of linens, including but not limited
to rags, uniforms, coveralls and diapers.
Lodging Services means the furnishing of rooms or accommodations by any person, partnership,
association, corporation, estate, representative capacity or any other combination of individuals by
whatever name known to a person who for a consideration uses, possesses, or has the right to use or
possess any room in a hotel, inn, bed and breakfast residence, apartment hotel, lodging house, motor hotel,
guesthouse, guest ranch, trailer coach, mobile home, auto camp, or trailer court and park, short term rental,
or similar establishment, for a period of less than thirty (30) days under any concession, permit, right of
access, license to use, or other agreement, or otherwise.
Machinery means any apparatus consisting of interrelated parts used to produce an article of tangible
personal property. The term includes both the basic unit and any adjunct or attachment necessary for the
basic unit to accomplish its intended function.
Manufactured Home means any pre-constructed building unit or combination of pre-constructed
building units, without motive power, where such unit or units are manufactured in a factory or at a location
other than the residential site of the completed home, which is designed and commonly used for occupancy
by persons for residential purposes, in either temporary or permanent locations, and which unit or units are
not licensed as a vehicle.
Manufacturing means the operation or performance of an integrated series of operations which places
a product, article, substance, commodity, or other tangible personal property in a form, composition or
character different from that in which it was acquired whether for sale or for use by a manufacturer. The
change in form, composition or character must result in a different product having a distinctive name,
character or use from the raw or prepared materials.
Marketplace means a physical or electronic forum, including, but not limited to, a store, a booth, an
internet website, a catalog, or a dedicated sales software application, where tangible personal property,
commodities, or services are offered for sale.
Marketplace Facilitator means a person who:
(1) Contracts with a marketplace seller to facilitate for consideration, regardless of whether the
consideration is deducted as fees from the transaction, the sale of the marketplace seller’s
tangible personal property, commodities, or services through the person’s marketplace;
(2) Engages directly or indirectly, through one or more affiliated persons, in transmitting or
otherwise communicating the offer or acceptance between a purchaser and the
marketplace seller; and
(3) Either directly or indirectly, through agreements or arrangements with third parties, collects
the payment from the purchaser and transmits the payment to the marketplace seller.
Page 76 of 186
6
A Marketplace Facilitator” does not include a person that exclusively provides internet advertising
services or lists products for sale, and that does not otherwise meet this definition.
Marketplace Seller means a person, regardless of whether the person is doing business in this state,
who has an agreement with a marketplace facilitator and offers for sale tangible personal property,
commodities, or services through a marketplace owned, operated, or controlled by a marketplace facilitator.
Multichannel Seller means a retailer that offers for sale tangible personal property, commodities, or
services through a marketplace facilitator or through other means, such as their own store or their own
website.
Medical Marijuana means marijuana acquired, possessed, cultivated, manufactured, delivered,
transported, supplied, sold, or dispensed to a person who qualifies as a patient with a debilitating medical
condition(s) under Article XVIII, Section 14, of the Colorado Constitution, and which person holds a valid
"registry identification card" issued by the State of Colorado pursuant to Colorado Constitution, Article XVIII,
Section 14.
Mobile Machinery and Self-Propelled Construction Equipment means those vehicles, self-propelled or
otherwise, which are not designed primarily for the transportation of persons or cargo over the public
highways, and those motor vehicles which may have originally been designed for the transportation of
persons or cargo over the public highways, and those motor vehicles which may have originally been
designed for the transportation of persons or cargo but which have been redesigned or modified by the
mounting thereon of special equipment or machinery, and which may be only incidentally operated or
moved over the public highways. This definition includes but is not limited to wheeled vehicles commonly
used in the construction, maintenance, and repair of roadways, the drilling of wells, and the digging of
ditches.
Modular Home means any structure that consists of multiple sections fabricated, formed or assembled
in manufacturing facilities for installation and assembly at the building site, and is constructed to the building
codes adopted by the State Division of Housing, created in Section 24-32-706, C.R.S., and is designed to
be installed on a permanent foundation.
Motor Fuel means gasoline, casing head or natural gasoline, benzol, benzene and naphtha, gasohol
and any other liquid prepared, advertised, offered for sale, sold for use or used or commercially usable in
internal combustion engines for the generation of power for the propulsion of motor vehicles upon the public
highways. The term does not include fuel used for the propulsion or drawing of aircraft or railroad cars or
railroad locomotives.
Newspaper means a publication, printed on newsprint, intended for general circulation, and published
regularly at short intervals, containing information and editorials on current events and news of general
interest. The term Newspaper does not include: magazines, trade publications or journals, credit bulletins,
advertising inserts, circulars, directories, maps, racing programs, reprints, newspaper clipping and mailing
services or listings, publications that include an updating or revision service, or books or pocket editions of
books.
Online Garage Sales means sales of tangible personal property, except automotive vehicles, occurring
online, where the property to be sold was originally purchased for use by the seller or members of the
seller's household.
Park means any area used as a park, reservation, playground, beach, ballfield, shelter house, or any
other area owned and used by the City and devoted or designated to active or passive recreation, either
on a temporary or permanent basis.
Person means any individual, firm, partnership, joint venture, corporation, limited liability company,
estate or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative
capacity, whether appointed by court or otherwise, or any group or combination acting as a unit.
Photovoltaic System means a power system designed to supply usable solar power by means of
photovoltaics, a method of converting solar energy into direct current electricity using semiconducting
materials that create voltage or electric current in a material upon exposure to light. It consists of an
arrangement of several components, including solar panels to absorb and convert sunlight into electricity,
Page 77 of 186
7
a solar inverter to change the electric current from DC to AC, as well as mounting, cabling, metering systems
and other electrical accessories to set up a working system.
Precious Metal Bullion means any precious metal, including but not limited to, gold, silver, platinum,
palladium, that has been put through a process of refining and is in such a state or condition that its value
depends upon its precious metal content and not its form.
Prepress Preparation Material means all materials used by those in the printing industry including, but
not limited to, airbrush color photos, color keys, dies, engravings, light-sensitive film, light-sensitive paper,
masking materials, Mylar, plates, proofing materials, tape, transparencies, and veloxes, which are used by
printers in the preparation of customer specific layouts or in plates used to fill customers' printing orders,
which are eventually sold to a customer, either in their original purchase form or in an altered form, and for
which a sales or use tax is demonstrably collected from the printer's customer, if applicable, either
separately from the printed materials or as part of the inclusive price therefor. Materials sold to a printer
which are used by the printer for the printer's own purposes, and are not sold, either directly or in an altered
form, to a customer, are not included within this definition.
Preprinted Newspaper Supplements shall mean inserts, attachments or supplements circulated in
newspapers that: (1) are primarily devoted to advertising; and (2) the distribution, insertion, or attachment
of which is commonly paid for by the advertiser.
Prescription Drugs for Animals means a drug which, prior to being dispensed or delivered, is required
by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section 301, et seq., as amended, to state at a
minimum the symbol "Rx Only", and is dispensed in accordance with any order in writing, dated and signed
by a licensed veterinarian specifying the animal for which the medicine or drug is offered and directions, if
any, to be placed on the label.
Prescription Drugs for Humans means a drug which, prior to being dispensed or delivered, is required
by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section 301, et seq., as amended, to state at a
minimum the symbol "Rx Only", and is dispensed in accordance with any written or electronic order dated
and signed by a licensed practitioner of the healing arts, or given orally by a practitioner and immediately
reduced to writing by the pharmacist, assistant pharmacist, or pharmacy intern, specifying the name and
any required information of the patient for whom the medicine, drug or poison is offered and directions, if
any, to be placed on the label.
Price or Purchase Price means the aggregate value measured in currency paid or delivered or
promised to be paid or delivered in consummation of a sale, without any discount from the price on account
of the cost of materials used, labor or service cost, and exclusive of any direct tax imposed by the federal
government or by this article, and, in the case of all retail sales involving the exchange of property, also
exclusive of the fair market value of the property exchanged at the same time and place of the exchange,
if: (1) such exchanged property is to be sold thereafter in the usual course of the retailer's business, or (2)
such exchanged property is a vehicle and is exchanged for another vehicle and both vehicles are subject
to licensing, registration, or certification under the laws of this state, including, but not limited to, vehicles
operating upon public highways, off-highway recreation vehicles, watercraft, and aircraft. Any money or
other consideration paid over and above the value of the exchanged property is subject to tax.
"Price" or "Purchase Price" includes:
(1) The amount of money received or due in cash and credits.
(2) Property at fair market value taken in exchange but not for resale in the usual course of the
retailer's business.
(3) Any consideration valued in money, whereby the manufacturer or someone else reimburses the
retailer for part of the purchase price and other media of exchange.
(4) The total price charged on credit sales including finance charges which are not separately stated
at the time of sale. An amount charged as interest on the unpaid balance of the purchase price
is not part of the purchase price unless the amount added to the purchase price is included in the
principal amount of a promissory note; except the interest or carrying charge set out separately
from the unpaid balance of the purchase price on the face of the note is not part of the purchase
Page 78 of 186
8
price. An amount charged for insurance on the property sold and separately stated at the time of
sale is not part of the purchase price.
(5) Installation, applying, remodeling or repairing the property, delivery and wheeling-in charges
included in the purchase price and not separately stated.
(6) Transportation and other charges to effect delivery of tangible personal property to the purchaser.
(7) Indirect federal manufacturers' excise taxes, such as taxes on automobiles, tires and floor stock.
(8) The gross purchase price of articles sold after manufacturing or after having been made to order,
including the gross value of all the m aterials used, labor and service performed and the profit
thereon.
"Price" or "Purchase Price" shall not include:
(1) Any sales or use tax imposed by the State of Colorado or by any political subdivision thereof.
(2) The fair market value of property exchanged if such property is to be sold thereafter in the retailers'
usual course of business. This is not limited to exchanges in Colorado. Out of state trade-ins are
an allowable adjustment to the purchase price.
(3) Discounts from the original price if such discount and the corresponding decrease in sales tax
due is actually passed on to the purchaser, and the seller is not reimbursed for the discount by
the manufacturer or someone else. An anticipated discount to be allowed for payment on or
before a given date is not an allowable adjustment to the price in reporting gross sales.
Private Communications Services means telecommunications services furnished to a subscriber,
which entitles the subscriber to exclusive or priority use of any communication channel or groups of
channels, or to the exclusive or priority use of any interstate intercommunications system for the
subscriber's stations.
Prosthetic Devices for Animals means any artificial limb, part, device or appliance for animal use which
replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted
to fit a particular patient; and is prescribed by a licensed veterinarian. Prosthetic devices include, but are
not limited to, prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or
appliances, and oxygen concentrators with related accessories.
Prosthetic Devices for Humans means any artificial limb, part, device or appliance for human use
which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or
adjusted to fit a particular patient; and is prescribed by a licensed practitioner of the healing arts. Prosthetic
devices include, but are not limited to, prescribed auditory, ophthalmic or ocular, cardiac, dental, or
orthopedic devices or appliances, and oxygen concentrators with related accessories.
Purchase or Sale means the acquisition for any consideration by any person of tangible personal
property, other taxable products or taxable services that are purchased, leased, rented, or sold. These
terms include capital leases, installment and credit sales, and property and services acquired by:
(1) Transfer, either conditionally or absolutely, of title or possession or both to tangible personal
property, other taxable products, or taxable services;
(2) A lease, lease-purchase agreement, rental or grant of a license, including royalty agreements, to
use tangible personal property, other taxable products, or taxable services;
(3) Performance of taxable services; or
(4) Barter or exchange for other tangible personal property, other taxable products, or services.
The terms "Purchase" and "Sale" do not include:
(1) A division of partnership assets among the partners according to their interests in the partnership;
(2) The transfer of assets of shareholders in the formation or dissolution of professional corporations,
if no consideration including, but not limited to, the assumption of a liability is paid for the transfer
of assets;
Page 79 of 186
9
(3) The dissolution and the pro rata distribution of the corporation's assets to its stockholders, if no
consideration including, but not limited to, the assumption of a liability is paid for the transfer of
assets;
(4) A transfer of a partnership or limited liability company interest;
(5) The transfer of assets to a commencing or existing partnership or limited liability company, if no
consideration including, but not limited to, the assumption of a liability is paid for the transfer of
assets;
(6) The repossession of personal property by a chattel mortgage holder or foreclosure by a lienholder.
Rail Carrier means as defined in Section 10102 of Title 49 of the United States Code as of October
10, 2013, and as it may be amended hereafter.
Rail Carrier Part means any tangible personal property that is originally designed and intended to be
permanently affixed or attached as a component part of a locomotive or rail car used by a rail carrier.
Realty- means land and anything fixed, immovable, or permanently attached to it such as buildings,
walls, fixtures, improvements, roads, trees, shrubs, fences, sewers, structures, and utility systems.
Recreation Services means all services relating to athletic or entertainment participation events and/or
activities including but not limited to pool, golf, billiards, skating, tennis, bowling, health/athletic club
memberships, coin operated amusement devices, video games and video club memberships.
Renewable Energy means any energy resource that is naturally regenerated over a short time scale
and derived directly from the sun (such as thermal, photochemical, and photoelectric), indirectly from the
sun (such as wind, hydropower, and photosynthetic energy stored in biomass), or from other natural
movements and mechanisms of the environment (such as geothermal and tidal energy). Renewable Energy
does not include energy resources derived from fossil fuels, waste products from fossil sources, or waste
products from inorganic sources.
Resident means a person who resides or maintains one or more places of business within the City,
regardless of whether that person also resides or maintains a place of business outside of the City.
Retail Sales means all sales except wholesale sales.
Retailer means any person selling, leasing, renting, or granting a license to use tangible personal
property or services at retail. Retailer shall include, but is not limited to, any:
(1) aAuctioneer;
(2) sSalesperson, representative, peddler or canvasser, who makes sales as a direct or indirect
agent of or obtains such property or services sold from a dealer, distributor, supervisor or
employer;
(3) cCharitable organization or governmental entity which makes sales of tangible personal property
to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift
or donation or that the proceeds are to be used for charitable or governmental purposes;
(4) rRetailer-contractor, when acting in the capacity of a seller of building supplies, construction
materials, and other tangible personal property.; and
(5) Marketplace facilitator, a marketplace seller, and a multichannel seller engaged in business in
the City.
Retailer-Contractor means a contractor who is also a retailer of building supplies, construction
materials, or other tangible personal property, and purchases, manufactures, or fabricates such property
for sale (which may include installation), repair work, time and materials jobs, and/or lump sum contracts.
Return means any form prescribed by the City of Englewood administration for computing and
reporting a total tax liability.
Page 80 of 186
10
Sale that Benefits a Colorado School means a sale of a commodity or service from which all proceeds
of the sale, less only the actual cost of the commodity or service to a person or entity as described in this
Code, are donated to a school or a school-approved student organization.
Sales Tax means the tax that is collected or required to be collected and remitted by a retailer on sales
taxed under this Code.
School means a public or nonpublic school for students in kindergarten through 12th grade or any
portion thereof.
Security System Services means electronic alarm and/or monitoring services. Such term does not
include non-electronic security services such as consulting or human or guard dog patrol services.
Soft Drink means a nonalcoholic beverage that contains natural or artificial sweeteners. "Soft drink"
does not include beverages that contain milk or milk products, soy, rice, or similar milk substitutes, or greater
than fifty percent (50%) of vegetable or fruit juice by volume.
Software Program means a sequence of instructions that can be measured, interpreted and executed
by an electronic device (e.g., a computer, tablets, smart phones) regardless of the means by which it is
accessed or the medium of conveyance. Software program includes: (1) custom software program, which
is a software program prepared to the special order or specifications of a single customer; (2) pre-written
software program, which is a software program prepared for sale or license to multiple users, and not to
the special order or specifications of a single customer. Pre-written software is commonly referred to as
"canned," "off-the-shelf ("COTS")," "mass produced" or "standardized;" (3) modified software, which means
pre-written software that is altered or enhanced by someone other than the purchaser to create a program
for a particular user; and (4) the generic term "software," "software application," as well as "updates,"
"upgrades," "patches," "user exits," and any items which add or extend functionality to existing software
programs.
Software as a Service means software that is rented, leased or subscribed to from a provider and used
at the consumer's location, including but not limited to applications, systems or programs.
Software License Fee means a fee charged for the right to use, access, or maintain software programs.
Software Maintenance Agreement means an agreement, typically with a software provider, that may
include (1) provisions to maintain the right to use the software; (2) provisions for software upgrades
including code updates, version updates, code fix modifications, enhancements, and added or new
functional capabilities loaded into existing software, or (3) technical support.
Solar Thermal Systems means a system whose primary purpose is to use energy from the sun to
produce heat or cold for: (1) heating or cooling a residential or commercial building; (2) heating or cooling
water; or (3) any industrial, commercial, or manufacturing process.
Sound System Services means the provision of broadcast or pre-recorded audio programming to a
building or portion thereof. Such term does not include installation of sound systems where the entire
system becomes the property of the building owner or the sound system service is for presentation of live
performances.
Special Fuel means kerosene oil, kerosene distillate, diesel fuel, all liquefied petroleum gases, and all
combustible gases and liquids for use in the generation of power for propulsion of motor vehicles upon the
public highways. The term does not include fuel used for the propulsion or drawing of aircraft, railroad cars
or railroad locomotives.
Special Sales Event means any sales event which includes more than three (3) vendors taking place
at a single location for a limited period of time not to exceed seven (7) consecutive days.
Storage means any keeping or retention of, or exercise dominion or control over, or possession of, for
any length of time, tangible personal property not while in transit but on a stand still basis for future use
when leased, rented or purchased at retail from sources either within or without the City from any person
or vendor.
Page 81 of 186
11
Tangible Personal Property means personal property that can be one or more of the following: seen,
weighed, measured, felt, touched, stored, transported, exchanged, or that is in any other manner
perceptible to the senses.
Tax means the use tax due from a consumer or the sales tax due from a retailer or the sum of both
due from a retailer who also consumes.
Tax Deficiency or Deficiency means any amount of tax, penalty, interest, or other fee that is not
reported and/or not paid on or before the date that any return or payment of the tax is required under the
terms of this Code.
Taxable Sales means gross sales less any exemptions and deductions specified in this Code.
Taxable Services means services subject to tax pursuant to this Code.
Taxpayer means any person obligated to collect and/or pay tax under the terms of this Code.
Telecommunications Service means the service of which the object is the transmission of any two-
way interactive electronic or electromagnetic communications including but not limited to voice, image, data
and any other information, by the use of any means but not limited to wire, cable, fiber optical cable,
microwave, radio wave, Voice over Internet Protocol (VoIP), or any combinations of such media, including
any form of mobile two-way communication.
Television and Entertainment Services means audio or visual content that can be transmitted
electronically by any means, for which a charge is imposed.
Therapeutic Device means devices, appliances, or related accessories that correct or treat a human
physical disability or surgically created abnormality.
Toll Free Telecommunications Service means a Telecommunications Service that allows a caller to
dial a number without incurring an additional charge for the call.
Total Tax Liability means the total of all tax, penalties and/or interest owed by a taxpayer and shall
include sales tax collected in excess of such tax computed on total sales.
Transient/Temporary Sale means a sale by any person who engages in a temporary business of
selling and delivering goods within the city for a period of no more than seven (7) consecutive days.
Transient/Temporary Vendor means any person who engages in the business of Transient/Temporary
Sales.
Use means the exercise, for any length of time by any person within the City of any right, power or
dominion over tangible personal property or services when rented, leased or purchased at retail from
sources either within or without the City from any person or vendor or used in the performance of a contract
in the City whether such tangible personal property is owned or not owned by the taxpayer. Use also
includes the withdrawal of items from inventory for consumption.
Use Tax means the tax paid or required to be paid by a consumer for using, storing, distributing or
otherwise consuming tangible personal property or taxable services inside the City.
Wholesale Sales means a sale by wholesalers to retailers, jobbers, dealers, or other wholesalers for
resale and does not include a sale by Wholesalers to users or consumers not for resale; latter types of
sales shall be deemed to be Retail Sales and shall be subject to the provisions of this chapter.
Wholesaler means any person doing an organized wholesale or jobbing business and selling to
Retailers, jobbers, dealers, or other Wholesalers, for the purpose of resale, and not for storage, use,
consumption, or distribution.
Section 2: Title 4, Chapter 4, Section 4, Article 9. Title 4, Chapter 4, Section 4 shall be
amended by adding Article 9 as follows:
Page 82 of 186
12
4-4-4-9: Marketplace Facilitators.
A. Duties of Marketplace Facilitators. With respect to sales of tangible personal property, commodities,
or services made by marketplace sellers in or through a marketplace facilitator's marketplace, a
marketplace facilitator has all of the liabilities, obligations, and rights of a retailer or vendor under Title 4
whether or not the marketplace seller, because the marketplace seller is a multichannel seller:
1. Has or is required to have a license under this Title 4; or
2. Would have been required to collect and remit tax under this Title 4 had the sale not been made in
or through the marketplace.
3. Small marketplace facilitators and multichannel sellers who are exempt from collecting sales tax on
behalf of the State of Colorado are also exempt from collecting sales tax on behalf of City .
B. The liabilities, obligations, and rights set forth in this article are in addition to any requirements the
marketplace facilitator has under this Title 4 if it also offers for sale tangible personal property, commodities,
or services through other means.
C. A marketplace seller, with respect to sales of tangible personal property, commodities, or services
made in or through a marketplace facilitator's marketplace, does not have the liabilities, obligations, or rights
of a retailer or vendor under Title 4 if the marketplace seller can show that such sale was facilitated by a
marketplace facilitator:
1. With whom the marketplace seller has a contract that explicitly provides that the marketplace
facilitator will collect and remit sales tax on all sales subject to tax under this Title 4; or
2. From whom the marketplace seller requested and received in good faith a certification that the
marketplace facilitator is registered to collect sales tax and will collect sales tax on all sales subject to
tax under Title 4 made in or through the marketplace facilitator's marketplace.
D. If a marketplace facilitator demonstrates to the satisfaction of the Finance Director that the
marketplace facilitator made a reasonable effort to obtain accurate information regarding the obligation to
collect tax from the marketplace seller and that the failure to collect tax on any tangible personal property,
commodities, or services sold was due to incorrect information provided to the marketplace facilitator by
the marketplace seller, then the marketplace facilitator, but not the marketplace seller, is relieved of liability
under Title 4 for the amount of the tax the marketplace facilitator failed to collect, plus applicable penalties
and interest.
1. If a marketplace facilitator is relieved of liability under this section, the marketplace seller remains
liable under this Title 4 for tax the marketplace facilitator failed to collect, plus applicable penalties and
interest.
2. Subsection (D)(1) does not apply to any sale by a marketplace facilitator that is not facilitated on
behalf of a marketplace seller or that is facilitated on behalf of a marketplace seller who is an affiliate
of the marketplace facilitator.
Section 3. 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 4, Chapter 4, Section 20 provides that in addition to or in lieu of any other penalty or
punishment prescribed in that Chapter, the following penalty may also be imposed for violation of any of the
provisions of Title 4, Chapter 4: a five hundred dollar ($500.00) fine or one hundred eighty (180) days imprisonment,
or both such fine and imprisonment. A separate offense shall be deemed committed upon each day or portion thereof
during or on which any violation of any of the provisions of Title 4, Chapter 4 occurs or continues.
Page 83 of 186
13
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.
Introduced, read in full, and passed on first reading on the 6th day of April, 2020.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 9th day of
April, 2020.
Published as a Bill for an Ordinance on the City’s official website beginning on the 8th day of
April, 2020 for thirty (30) days.
Linda Olson, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and
passed on first reading on the 6th day of April, 2020.
Stephanie Carlile
Page 84 of 186
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Vance Fender
DEPARTMENT: Police
DATE: April 6, 2020
SUBJECT:
CB #11 - 2nd IGA amendment between Arapahoe County 911
Authority and COE
DESCRIPTION:
CB #11 - 2nd IGA amendment between Arapahoe County 911 Authority and COE
RECOMMENDATION:
The Police Department is recommending that the City Council approve an ordinance authorizing
a Second Amendment to an Intergovernmental Agreement between the Arapahoe County 911
Authority and the City of Englewood.
PREVIOUS COUNCIL ACTION:
The original Intergovernmental Agreement between the Arapahoe County 911 Authority and the
City of Englewood was approved in 1988. The first amendment to this agreement was made in
2000.
SUMMARY:
The City of Englewood may, by ordinance, enter into cooperative agreements with other
governmental bodies to furnish or receive governmental services
The Arapahoe County 911 Authority is statutorily authorized to enter into agreements for the
purpose of providing emergency telephone service, and emergency notification services and to
impose municipal partner 19 are There emergency (the charge telephone an "ETC).
corporations or special districts, including the City of Englewood, that are part of the Arapahoe
County 911 Authority.
The changes to the Intergovernmental Agreement established through this Second Amendment
are outlined in the "Analysis" section.
ANALYSIS:
Background on the Authority and the 911 fee.
The Authority is authorized by C.R.S. § 29-11-102 to impose an emergency telephone charge,
commonly known as the “911 fee.” The 911 fee is imposed monthly on each wireless, wireline,
and VoIP telephone line in the Authority’s service area. The 911 fee is currently set at $0.70 per
telephone line. The Authority also collects a fee on the sale of prepaid wireless minutes
pursuant to C.R.S. § 29-11-102.5. The Authority uses the revenue collected from the 911 fee
and the prepaid wireless fee to help fund 911 service and emergency communications in
Arapahoe County. 911 fee revenue may only be spent in accordance with C.R.S. § 29-11-104.
Page 85 of 186
C.R.S. § 29-11-102 allows the Authority to increase the 911 fee up to $0.70. To increase the
911 fee above $0.70, the Authority must file an application with the Colorado Public Utilities
Commission (the “PUC”) and obtain the PUC’s approval for the higher rate. In its review of an
application to increase the 911 fee, the PUC generally looks to ensure that an applicant’s use of
the 911 fee revenue is consistent with C.R.S. § 29-11-104 and that proposed increase in the
911 fee is in the public interest. Members of the public have an opportunity to provide comments
or intervene in the proceeding.
The Authority is governed by a board of directors (the “Board”) comprised of five members. All
five members are appointed by the Arapahoe County Board of County Commissioners (the
“BOCC”), but they must appoint two members from a list of persons nominated by the fire
departments in Arapahoe County and two members from a list of persons nominated by law
enforcement agencies in Arapahoe County. The fifth member is appointed at the discretion of
the BOCC. The Board hired an executive director to run the Authority’s day-to-day business.
The proposed IGA
The Authority’s current intergovernmental agreement is titled the First Amended
Intergovernmental Agreement for the Establishment of an Emergency Communications Service
Authority (the “First Amended IGA”) and was executed in the year 2000. A copy of the First
Amended IGA is attached.
The Authority proposes amending that intergovernmental agreement by adoption of a Second
Amended and Restated Arapahoe County 911 Authority Intergovernmental Agreement (the
“Second Amendment to the IGA”). A copy of the proposed Second Amendment to the IGA is
attached. The Authority desires that the parties to the First Amended IGA approve and adopt
the Second Amendment to the IGA.
The Second Amendment to the IGA has several important changes.
Increases to the 911 fee
First and foremost, the Second Amendment to the IGA enables the Authority to seek a 911 fee
in excess of $0.70 without obtaining the prior approval of the parties. Under the First Amended
IGA, the Authority must obtain the approval of two-thirds (2/3) of the parties (see Section VIII of
the First Amended IGA). This requirement is in addition to obtaining the approval of the PUC,
which is required by statute.
The Authority’s Board believes it is appropriate to eliminate the requirement of obtaining
approval of the parties prior to increasing the 911 fee above $0.70. The Board is comprised of
members appointed by the BOCC and largely nominated by first responders – so the Board is
accountable to the Authority’s stakeholders. The Board is also advised by a technical committee
comprised of persons responsible for 911 in their agencies. And any increase in the 911 fee
above $0.70 must be approved by the PUC. Interested persons have the opportunity to have
their voices heard before the PUC, and the PUC does a rigorous analysis of whether the
proposed increase is warranted.
Lobbying and legislation
Second, the Second Amendment to the IGA allows the Authority to participate in political
lobbying activities, which was prohibited by the First Amendment (see Section IX of the First
Amendment to IGA). In the past several years, the state and federal legislatures have dealt with
issues addressing 911 and emergency communications. Some of the bills considered –
particularly at the state level – would have had a negative impact on the Authority and
911/emergency communications in Arapahoe County. The Authority was opposed to those bills
but was concerned with how to express that concern given the prohibition on political lobbying
activities. The Board believes it is vital that Arapahoe County is represented when the legislation
Page 86 of 186
is presented that might impact 911 in Arapahoe County. Removing the prohibition clarifies that
the Authority can take positions on legislation and be involved in developing state and federal
911 policy.
The Authority does not anticipate hiring a lobbyist, but the Authority believes that flexibility is
important. Other 911 authorities across the state have discussed jointly hiring a lobbyist to
represent the 911 community’s interests. If appropriate, the Authority might be interested in
participating in such an effort, although there are no plans to do so at this time. In the past, the
Authority has worked with lobbyists for the Colorado Municipal League, Colorado Association of
Chiefs of Police, and the County Sheriffs of Colorado. However, those entities to do not
represent 911 interests directly – so there is no replacement for the Authority being directly
involved in these matters.
Name Change
The Authority proposes to change its name from the Arapahoe County E-911 Emergency
Communications Service Authority to the Arapahoe County 911 Authority.
Other Changes Minimal
There are various other changes to the language of the intergovernmental agreement, but they
are minor. The process for nominating and appointing directors will remain generally the same
as it currently is.
FINANCIAL IMPLICATIONS:
There are no negative financial implications to the City. The Arapahoe County 911 Authority
funds the equipment in the Englewood Police 911 Communications center. They also fund
numerous projects to include the City's county wide common Computer Aided Dispatch
ALTERNATIVES:
The City Council may choose not to approve this amendment to the existing IGA.
CONCLUSION:
Staff recommends approving this second amendment to the original Intergovernmental
Agreement.
ATTACHMENTS:
Council Bill #11
Second Amended and Restated Arapahoe County 911 Authority Intergovernmental Agreement
Page 87 of 186
-1-
BY AUTHORITY
ORDINANCE NO. COUNCIL BILL NO. 11
SERIES OF 2020 INTRODUCED BY COUNCIL
MEMBER SIERRA
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT ENTITLED ”SECOND AMENDED INTERGOVERNMENTAL
AGREEMENT FOR THE ESTABLISHMENT OF AN EMERGENCY
COMMUNICATIONS SERVICE AUTHORITY” BETWEEN BENNETT FIRE
PROTECTION DISTRICT, TOWN OF BOW MAR, BYERS FIRE PROTECTION
DISTRICT, SOUTH METRO FIRE RESCUE, CITY OF CENTENNIAL, CITY OF
CHERRY HILLS VILLAGE, TOWN OF COLUMBINE VALLEY,
CUNNINGHAM FIRE PROTECTION DISTRICT, TOWN OF DEER TRAIL,
DEER TRAIL FIRE PROTECTION DISTRICT, TOWN OF FOXFIELD, CITY
OF GLENDALE, CITY OF GREENWOOD VILLAGE, CITY OF LITTLETON,
SABLE-ALTURA FIRE PROTECTION DISTRICT, CITY OF SHERIDAN,
STRASBURG FIRE PROTECTION DISTRICT AND THE CITY OF
ENGLEWOOD, COLORADO PERTAINING TO THE ARAPAHOE COUNTY E-
911 EMERGENCY TELEPHONE SERVICE AUTHORITY.
WHEREAS, in 1988 the parties entered into an intergovernmental agreement (IGA) for the
establishment of the Emergency Telephone Service Authority which established the Arapahoe County E -
911 Emergency Telephone Service Authority;
WHEREAS, in 1988 the IGA was entered into pursuant to the authority granted by Section 29 -
1-203, C.R.S. and Section 29-11-104(1), C.R.S.;
WHEREAS, in 2000 the parties entered into a First Amended Intergovernmental Agreement for
the Establishment of an Emergency Communications Service Authority, which superseded the original
1988 IGA;
WHEREAS, due to changes in fact, circumstances, technology and the law since the parties
entered into the 2000 First Amended IGA, the parties to this intergovernmental agreement wish to
amend the 2000 IGA to comport with Colorado law and carry out the purposes and intentions of the
parties to the agreement; and
WHEREAS, this Agreement establishes a separate legal entity known as the “Arapahoe County
E-911 Emergency Service Authority” as an enterprise, the authority is exempt from all revenue and
spending limits imposed by Amendment 1, and shall be responsible fo r administering the installation,
operation, maintenance, upgrade and enhancement of emergency communications services t o the parties
of this agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Page 88 of 186
-2-
Section 1. The “Second Amended Intergovernmental Agreement For The Establishment Of An
Emergency Communications Service Authority” attached hereto as “Exhibit A,” is hereby accepted and
approved by the City Council of the City of Englewood, Colorado.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the “Second
Amended Intergovernmental Agreement For The Establishment Of An Emergency Communications
Service Authority” for and on behalf of the City of Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 23rd day of March, 2020.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 26th day of
March, 2020.
Published as a Bill for an Ordinance on the City's official website beginning, on the 25th day of
March, 2020.
Read by Title and passed on final reading on the 6th day of April, 2020.
Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2020, on the
9th day of April, 2020
Published by title on the City’s official website beginning on the 8th day of April, 2020 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 2020.
Stephanie Carlile
Page 89 of 186
Second Amended and Restated
Arapahoe County 911 Authority
Intergovernmental Agreement
Effective March 1, 2020
Page 90 of 186
i
Second Amended and Restated
Arapahoe County 911 Authority
Intergovernmental Agreement
Table of Contents
Article 1. The Authority .................................................................................................................. 2
Section 1.01 Continuation of the Authority as a Separate Legal Entity ................................... 2
Section 1.02 Name of the Authority ......................................................................................... 2
Section 1.03 Status of the Authority ......................................................................................... 3
Section 1.04 Boundaries of the Authority ................................................................................. 3
Section 1.05 Purpose of the Authority ...................................................................................... 3
Section 1.06 Powers of the Authority ........................................................................................ 3
Section 1.07 Obligations of the Authority ................................................................................ 5
Section 1.08 Authority Assets .................................................................................................... 5
Section 1.09 Obligations of the Parties ..................................................................................... 5
Article 2. Board of Directors ........................................................................................................... 5
Section 2.01 Board of Directors ................................................................................................ 5
Section 2.02 General Standards of Conduct for Directors ....................................................... 6
Section 2.03 Number of Directors ............................................................................................ 6
Section 2.04 Appointment of Directors .................................................................................... 6
Section 2.05 Directors’ Terms ................................................................................................... 7
Section 2.06 Resignations, Removals, and Vacancies ............................................................... 7
Section 2.07 Officers of the Board ............................................................................................ 8
Section 2.08 Meetings................................................................................................................ 8
Section 2.09 Quorum and Voting ............................................................................................. 8
Section 2.10 Participation by Electronic Means ........................................................................ 8
Section 2.11 Compensation ...................................................................................................... 8
Section 2.12 Committees .......................................................................................................... 8
Article 3. Term and Termination of this Agreement ...................................................................... 8
Section 3.01 Term ..................................................................................................................... 8
Section 3.02 Termination .......................................................................................................... 8
Article 4. General Provisions ........................................................................................................... 9
Section 4.01 Parties ................................................................................................................... 9
Section 4.02 Amendments ...................................................................................................... 10
Page 91 of 186
Table of Contents (continued)
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
ii
Section 4.03 Further Assurances ............................................................................................. 10
Section 4.04 Notices ................................................................................................................ 10
Section 4.05 Governing Law ................................................................................................... 10
Section 4.06 Venue.................................................................................................................. 10
SECTION 4.07 WAIVER OF RIGHT TO JURY TRIAL ...................................................................... 10
Section 4.08 Relationship of the Parties ................................................................................. 10
Section 4.09 Force Majeure ..................................................................................................... 11
Section 4.10 Entire Agreement ............................................................................................... 11
Section 4.11 Waiver................................................................................................................. 11
Section 4.12 Severability .......................................................................................................... 11
Section 4.13 Third Party Beneficiaries .................................................................................... 11
Section 4.14 Counterparts ....................................................................................................... 11
Section 4.15 Rules of Construction ........................................................................................ 11
Page 92 of 186
1
Second Amended and Restated
Arapahoe County 911 Authority
Intergovernmental Agreement
This Second Amended and Restated Arapahoe County 911 Authority Intergovernmental
Agreement (this “Agreement”) is effective March 1, 2020 (the “Effective Date”), by and among the
following parties (each a “Party” and collectively the “Parties”):
1. Arapahoe County, a Colorado county (“Arapahoe County”) acting by and through
its Board of County Commissioners (the “Arapahoe BOCC”);
2. Bennett Fire Protection District, a special district;
3. Town of Bow Mar, a municipal corporation;
4. Byers Fire Protection District, a special district;
5. South Metro Fire Rescue Fire Protection District, a special district;
6. City of Centennial, a municipal corporation;
7. City of Cherry Hills Village, a municipal corporation;
8. Town of Columbine Valley, a municipal corporation;
9. Cunningham Fire Protection District, a special district;
10. Town of Deer Trail, a municipal corporation;
11. Deer Trail Fire Protection District, a special district;
12. City of Englewood, a municipal corporation;
13. Town of Foxfield, a municipal corporation;
14. City of Glendale, a municipal corporation;
15. City of Greenwood Village, a municipal corporation;
16. City of Littleton, a municipal corporation;
17. Sable-Altura Fire Protection District, a special district;
18. City of Sheridan, a municipal corporation; and
19. Strasburg Fire Protection District, a special district.
Capitalized terms are defined throughout this Agreement.
Recitals
A. The Parties are bodies politic and corporate located wholly or partially within
Arapahoe County, Colorado.
Page 93 of 186
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
2
B. In 1988, certain of the Parties and others entered into that certain Intergovernmental
Agreement for Establishment of the Emergency Telephone Service Authority (the “Original IGA”),
which created the Arapahoe County E-911 Emergency Telephone Service Authority (the
“Authority”).
C. In 2000, certain of the Parties and others entered into that certain First Amended
Intergovernmental Agreement for the Establishment of an Emergency Communications Service
Authority (the “First Amended IGA”), which superseded the Original IGA.
D. Pursuant to Part 1 of Article 11 of Title 29, C.R.S. (the “Emergency Telephone
Service Law”), the Parties have the authority to enter into agreements for the purpose of providing
emergency telephone service and emergency notification services and to impose an emergency
telephone charge (the “ETC”).
E. Part 2 of Article 1 of Title 29, C.R.S., encourages and authorizes governmental
entities to make the most efficient and effective use of their powers and responsibilities by
cooperating and contracting with other governmental entities. Specifically, C.R.S. § 29-1-103.5
authorizes the establishment of a separate legal entity for those purposes.
F. The Parties desire to amend and restate the provisions of the Original IGA and the
First Amended IGA as set forth herein.
G. Article XVII of the First Amended IGA permits amendments upon the affirmative
vote of at least two-thirds (2/3) of the parties to the First Amended IGA, provided that a majority of
the population in the Authority’s jurisdiction reside within the jurisdictional boundaries of the
parties that voted in favor of the amendment.
H. This Agreement will become effective as of the Effective Date upon a resolution of
the Authority’s board of directors (the “Board”) confirming that the parties to the First Amended
IGA complied with Article XVII thereof.
Agreement
Now, therefore, in consideration of the recitals and the mutual promises set forth herein, the Parties
agree as follows:
Article 1. The Authority
Section 1.01 Continuation of the Authority as a Separate Legal Entity. The Authority created
under the Original IGA and continued under the First Amended IGA shall remain in existence and
continue as a separate legal entity, subject to the provisions of this Agreement.
Section 1.02 Name of the Authority. The name of the Authority shall be the Arapahoe County
911 Authority.
Page 94 of 186
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
3
Section 1.03 Status of the Authority.
(a) Separate Legal Entity. The Authority is a separate legal entity established in
accordance with C.R.S. § 29-1-203.5. As such, the Authority is a political subdivision and public
corporation of the State of Colorado and is separate from the Parties.
(b) Open Meetings. The Authority is a “local public body” under C.R.S. § 24-6-402 and
the Authority’s meetings shall be conducted in accordance with the provisions thereof.
(c) Governmental Immunity. The Authority is a “public entity” pursuant to the
Colorado Governmental Immunity Act, Article 10 of Title 24, C.R.S. (“CGIA”), and shall be
operated in accordance with the CGIA.
(d) Open Records. As a political subdivision of the State of Colorado, the Authority is
subject to the Colorado Open Records Act, Part 2 of Article 72, Title 24, C.R.S.
(e) Default Contractual Provisions. As permitted by C.R.S. § 24-101-105(2), the
Authority shall be deemed to have adopted, and shall be subject to (as if the Authority were the
state), the provisions of C.R.S. § 24-106-109.
Section 1.04 Boundaries of the Authority. The jurisdictional boundaries of the Authority shall be
comprised of the following, as may be changed from time to time: (a) the unincorporated portions
of Arapahoe County; (b) those portions of Arapahoe County which are incorporated into a Party’s
jurisdiction; and (c) those portions of adjacent counties (i) that are incorporated into a Party’s
jurisdiction and (ii) in which the Authority collects the ETC.
Section 1.05 Purpose of the Authority. The purpose of the Authority is to support 9-1-1 service
(including emergency telephone service, emergency notification service, and basic emergency service)
in the Authority’s jurisdiction in accordance with the Emergency Telephone Service Law and other
applicable law. “9-1-1” means a three-digit number to facilitate the reporting of an emergency
requiring response by a public safety agency.
Section 1.06 Powers of the Authority.
(a) Emergency Telephone Service Law.
(i) Generally. The Authority is a “governing body” under the Emergency
Telephone Service Law.
(ii) Emergency Telephone Charge.
(1) Amount of the ETC. The Authority shall set the amount of the ETC
pursuant to the Emergency Telephone Service Law, including C.R.S. § 29-11-102(2).
(2) Annual Determination of ETC Rate. In accordance with the
Emergency Telephone Service Law, including C.R.S. § 29-11-103(3), the Authority shall annually
establish the amount of the ETC such that, together with any surplus revenues carried forward, the
ETC will produce sufficient revenues to fund the Authority’s authorized expenditures.
Page 95 of 186
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
4
(3) Handling of ETC Revenue. Monies collected from the ETC (“ETC
Funds”) shall be kept in accordance with the Emergency Telephone Service Law, including C.R.S.
§ 29-11-104(3).
(4) Use of ETC Revenue. ETC Funds shall be spent solely as authorized
by the Emergency Telephone Service Law, including C.R.S. § 29-11-104(2).
(b) Additional Authority. In order to enable the Authority to exercise its rights and
perform its obligations, and subject to and in accordance with applicable law, the Authority shall
have the power and authority to do all of the following:
(i) conduct its business and affairs for the benefit of the Parties and their
residents;
(ii) enter into, make, and perform contracts of every kind;
(iii) adopt rules and regulations regarding the exercise of its powers and the
carrying out of its purposes;
(iv) incur debts, liabilities, and obligations;
(v) borrow money and make, accept, endorse, execute, issue, and deliver notes
and other obligations of the Authority for monies borrowed, or in payment for property acquired,
or for any of the other purposes, services, or functions contemplated by this Agreement;
(vi) secure the payment of any Authority obligation by mortgage, pledge, deed,
indenture, agreement, or other collateral instrument, or by lien upon or assignment of all or any
part of the properties, rights, assets, contract, easements, revenues, and privileges of the Authority;
(vii) issue bonds, notes, or other obligations payable from the revenues derived or
to be derived from the ETC;
(viii) acquire, hold, lease (as lessor or lessee), sell, or otherwise dispose of any legal
or equitable interest in real or personal property;
(ix) apply for and receive grants in its own name;
(x) engage, employ, or appoint agents or service providers, including
accountants, architects, attorneys, consultants, employees, engineers, executive directors, and
managers, and to pay the direct and indirect reasonable costs for services rendered to the Authority;
(xi) purchase insurance;
(xii) litigate, arbitrate, and / or mediate in its own name;
(xiii) participate in administrative proceeding before the state or federal
government and advocate for or against issues before legislative or administrative bodies;
(xiv) receive contributions of gifts, grants, or services; and
Page 96 of 186
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
5
(xv) exercise any additional power or authority, not inconsistent with this
Agreement, that is necessary or appropriate to carry out the intent of this Agreement.
Section 1.07 Obligations of the Authority.
(a) Annual Budget. Unless the financial activities of the Authority are fully reported in
the budget of one of the Parties, the Authority shall annually prepare a budget in accordance with
the Local Government Budget Law of Colorado, Part 1 of Article 1 of Title 29, C.R.S.
(b) Distribution of Funds. The Board may establish policies and procedures for the
distribution and expenditure of the Authority’s funds, including of ETC Funds.
(c) Books and Records. The Authority shall maintain adequate and correct accounts of
its funds, properties, and business transactions. The Authority’s accounts shall be open to inspection
at any reasonable time by the Parties, their attorneys, and their authorized agents.
(d) Audit. Unless the financial activities of the Authority are fully reported in the audit
of one of the Parties, the Authority shall cause to be made an annual audit of the financial statements
of the Authority for each fiscal year, which audit shall be conducted by an independent certified
public accountant licensed to practice in the State of Colorado and which shall be conducted in
accordance with the Colorado Local Government Audit Law, Part 6 of Article 1 of Title 29, C.R.S.,
and § 29-11-104(5), C.R.S.
(e) Compliance with Law. The Authority shall comply with any applicable law or
regulation. If the Authority’s performance of an obligation imposed by this Agreement would result
in the Authority’s violation of an applicable law, the Authority shall take a course of action that, in
its reasonable determination, would carry out the intent of this Agreement while not violating the
law.
Section 1.08 Authority Assets. Any assets, goods, or services received or purchased by the
Authority shall be owned by the Authority, unless the Board determines otherwise.
Section 1.09 Obligations of the Parties. If the Authority provides, makes available, or transfers
ownership of assets, goods, or services purchased using ETC Funds (“ETC Assets”) or ETC Funds
to a Party, the recipient-Party shall only use such ETC Assets or ETC Funds in accordance with:
(a) any conditions imposed by the Authority; (b) any written policies of the Authority then in effect;
(c) any agreements between the Authority and the Party; and (d) the Emergency Telephone Service
Law.
Article 2. Board of Directors
Section 2.01 Board of Directors. All powers of the Authority shall be exercised by or under the
authority of, and the business and affairs of the Authority shall be managed under the direction of,
the Authority’s board of directors (the “Board”), in which all administrative and legislative power of
the Authority is vested.
Page 97 of 186
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
6
Section 2.02 General Standards of Conduct for Directors.
(a) Standard. Each director of the Board (a “Director”) shall discharge the Director’s
duties as a Director: (i) in good faith; (ii) with the care an ordinarily prudent person in a like position
should exercise under similar circumstances; (iii) in a manner the Director reasonably believes to be
in the best interests of the Authority; and (iv) otherwise in accordance with applicable law.
(b) Reliance on Experts. In discharging his or her duties, a Director is entitled to rely on
information, opinions, reports, or statements, including financial statements and other financial
data, if prepared or presented by one or more of the following persons or groups: (i) one or more
employees of any Party whom the Director reasonably believes to be reliable and competent in the
matters presented; and (ii) legal counsel, public accountant, or another person as to matters that the
Director reasonably believes to be within such person’s professional or expert competence.
(c) Knowledge. A Director is not acting in good faith if the Director has knowledge
concerning the matter in question that makes reliance otherwise permitted by Section 2.02(b)
unwarranted.
(d) Liability for Actions. A Director shall not be liable as such to the Authority or any
Party for any action taken, or omitted to be taken, as a Director performing the duties of the position
in compliance with this Section 2.02. Nothing in this Section 2.02 shall modify or lessen any
protection or limitation of liability afforded to Directors under applicable law.
Section 2.03 Number of Directors. The Board shall be comprised of five Directors appointed as
set forth in Section 2.04.
Section 2.04 Appointment of Directors.
(a) Law Enforcement Directors. The Arapahoe BOCC shall appoint two Directors
(each, a “Law Enforcement Director”) from the nominees submitted by the Parties that operate law
enforcement agencies, provided that each Party entitled to nominate a candidate for a Law
Enforcement Director vacancy may only submit one nominee per vacancy.
(b) Fire Protection Directors. The Arapahoe BOCC shall appoint two Directors (each,
a “Fire Protection Director”) from the nominees submitted by the Parties that operate fire
protection/fire rescue agencies, provided that each Party entitled to nominate a candidate for a Fire
Protection Director vacancy may only submit one nominee per vacancy.
(c) At-Large Director. The Arapahoe BOCC shall appoint one Director in its discretion
(an “At-Large Director”).
(d) Nomination Procedure. Each nomination for a Director candidate shall be in
writing. The Board may specify reasonable deadlines for the submission of nominations.
(e) Director Qualifications. A Director must be at least 18 years old and must either
(i) reside in the Authority’s jurisdiction (as determined in Section 1.04) or (ii) be employed by a
Party.
Page 98 of 186
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
7
(f) Existing Directors. The five existing Directors serving as of the Effective Date (the
“Existing Directors”) shall remain as Directors immediately after the Effective Date to finish their
Terms, provided that two Existing Directors’ Terms shall expire in 2020, two Existing Directors’
Terms shall expire in 2021, and the final Existing Director’s Term shall expire in 2022. The Board
shall identify which Existing Director’s Term expires in which year.
Section 2.05 Directors’ Terms.
(a) Generally. Each Director may serve an unlimited number of three year terms (each,
a “Term”). Each Term shall expire on the last day of February of the third year of the Term; provided,
however, that a Director shall remain in office until his or her successor is appointed (unless the
Director resigns or is removed pursuant to this Agreement).
(b) Staggered Terms.
(i) In 2020, one Law Enforcement Director and one Fire Protection Director
shall be appointed.
(ii) In 2021, one Law Enforcement Director and one Fire Protection Director
shall be appointed.
(iii) In 2022, one At-Large Director shall be appointed.
Section 2.06 Resignations, Removals, and Vacancies.
(a) Resignations of Directors. A Director may resign at any time by giving written notice
to the Board Chair. Such resignation shall take effect at the time specified therein and, unless
otherwise specified therein, the acceptance of such resignation shall not be necessary to make it
effective.
(b) Removal of Directors.
(i) Removal by Board. A Director may be removed for cause (as determined in
the reasonable discretion of the Board) by the unanimous affirmative vote of the remaining Directors
(i.e., all the Directors except the Director being removed); provided, however, that the unanimous
affirmative vote of the remaining Directors totals at least three Directors. A Director removed under
this Section 2.06(b)(i) may not be reappointed as a Director.
(ii) Removal by the Arapahoe BOCC. The Arapahoe BOCC may remove: (1) a
Law Enforcement Director upon receipt of notice of the affirmative vote of a majority of the Parties
that operate law enforcement agencies; and (2) a Fire Protection Director upon receipt of notice of
the affirmative vote of a majority of the Parties that operate fire protection/fire rescue agencies. The
Arapahoe BOCC may remove an At-Large Director in the Arapahoe BOCC’s discretion.
(c) Vacancies on the Board. A vacancy occurring on the Board shall be filled in
accordance with Section 2.04. Any person appointed to fill a vacancy shall complete the prior
Director’s Term.
Page 99 of 186
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
8
Section 2.07 Officers of the Board. The Board shall annually elect one Director to each of the
following officer positions: (a) chair of the Board (the “Board Chair”); (b) vice-chair of the Board;
(c) secretary of the Board; and (d) treasurer of the Board. Each elected officer shall perform the duties
incident to the office to which he or she was elected. A Director may serve in more than one officer
position simultaneously. The Board may remove and replace an officer at any time for any reason.
An officer may resign at any time.
Section 2.08 Meetings.
(a) Regular Meetings. The Authority shall hold at least two regular meetings per year.
The Board may hold additional regular meetings as it deems necessary.
(b) Special Meetings. Special meetings of the Board may be called by (i) the Board Chair
or (ii) any three Directors.
Section 2.09 Quorum and Voting. A quorum for the transaction of business shall be present if
the number of Directors present at a meeting equals or exceeds the majority of the Directors in office
immediately before the meeting, but in no case less than two Directors. The vote of a majority of
the Directors present at a meeting at which a quorum is present shall be the act of the Board. No
Director may vote or act by proxy at any meeting of the Board.
Section 2.10 Participation by Electronic Means. Directors may participate in a meeting of the
Board by means of telephone conference or similar communications equipment by which all persons
participating in the meeting can hear each other at the same time. Such participation shall constitute
presence at the meeting.
Section 2.11 Compensation. Directors shall not receive compensation for their services as such,
although the reasonable expenses incurred by a Director in performance of official duties may be
paid or reimbursed by the Authority. Directors shall not be disqualified from receiving reasonable
compensation for services rendered to or for the benefit of the Authority in any other capacity.
Section 2.12 Committees. By one or more resolutions, the Board may establish one or more
committees. The normal role of a committee is to consider matters of concern to the committee and
to make recommendations thereon to the Board. A committee shall not have any authority to bind
the Board or the Authority. The chair and membership of any such committee shall be appointed
by the Board on an annual basis or as the Board deems advisable. Unless a future termination date
is specified by resolution, a committee shall exist until disbanded by the resolution of the Board.
There is no requirement that a Director serve on a committee.
Article 3. Term and Termination of this Agreement
Section 3.01 Term. This Agreement shall be in full force and effect from the Effective Date,
subject to any amendments, until terminated as provided for herein.
Section 3.02 Termination.
(a) This Agreement may be terminated, and the Authority wound-up and dissolved,
upon the affirmative written consent of at least two-thirds (2/3) of the Parties, provided that a
Page 100 of 186
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
9
majority of the population in the Authority’s jurisdiction also resides within the jurisdictional
boundaries of the Parties consenting to the termination. The effective date of termination shall be
one year after the affirmative written consent is signed by the requisite number of Parties.
(b) Upon termination of this Agreement, (i) the Authority shall remain in existence to
wind up its business affairs and then shall cease to exist, (ii) the Authority’s ETC Assets and ETC
Funds, net of any of the Authority’s outstanding liabilities, shall be distributed to the Parties in a
manner that is fair to all Parties and that preserves the provision of 9-1-1 service in the Authority’s
jurisdiction, as determined by the Board in its reasonable discretion, and (iii) if a Party provided
specific, identifiable property to the Authority and the Authority retains such property upon
termination, the Authority shall return such property to the Party that provided it.
Article 4. General Provisions
Section 4.01 Parties.
(a) Adding Additional Parties. A body politic and corporate within the State of Colorado
may become a Party to this Agreement by (i) obtaining the approval of the Board and (ii) executing
a signature page signifying its acceptance of all the provisions of this Agreement. Among other
considerations, the Board shall consider the potential Party’s connection to 9-1-1 service in Arapahoe
County.
(b) Changes to the Parties.
(i) Merger of Parties. If two Parties merge or combine, the surviving or new entity
shall be deemed a Party to this Agreement without further action.
(ii) Merger with Non-Party. If a Party merges or combines with a non-Party, the
surviving or new entity may only become a Party in accordance with Section 4.01(a).
(iii) Dissolution of a Party. A Party which dissolves or is wound up, whether due
to merger or combination with another entity or otherwise, will no longer be considered a Party to
this Agreement effective upon a resolution of the Board acknowledging the dissolution or winding
up.
(c) Withdrawal of a Party.
(i) Right to Withdraw. A Party may withdraw from this Agreement by providing
written notice to the Authority on or before May 1 of any year; notice provided after May 1 shall be
deemed given the following year. A Party’s withdrawal shall be effective on December 31 of the year
in which notice was given and, upon such date, the Party shall no longer be considered a Party to
this Agreement.
(ii) Treatment of ETC Assets and ETC Funds. The Authority may provide or
make available assets or services purchased using ETC Funds to a withdrawing Party after the
effective date of withdrawal in the Authority’s sole discretion. If the Authority provides or makes
available ETC Assets to a withdrawing Party after withdrawal, the withdrawing Party shall continue
to comply with Section 1.09 for so long as such ETC Assets are provided or made available. If the
Page 101 of 186
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
10
Authority transferred ownership of ETC Assets or ETC Funds to a Party and the Party subsequently
withdraws, the Party shall retain ownership of such ETC Assets and ETC Funds and shall continue
to comply with Section 1.09 after withdrawal.
(iii) Treatment of Specific Property. If a withdrawing Party provided specific,
identifiable property to the Authority and the Authority retains such property upon the Party’s
withdrawal, the Authority shall return such property to the Party that provided it; provided that, if
requested by the Authority before the effective date of withdrawal, the withdrawing Party shall make
the property available for 9-1-1 or emergency communication related use by the Authority and/or
the other Parties after withdrawal.
Section 4.02 Amendments. Any amendment to this Agreement will be effective only if in writing
and approved and signed by at least two-thirds (2/3) of the Parties, provided that a majority of the
population in the Authority’s jurisdiction also resides within the jurisdictional boundaries of the
Parties consenting to the amendment.
Section 4.03 Further Assurances. Each Party shall execute all further documents and take all
further acts reasonably necessary or appropriate to carrying out the intent of this Agreement.
Section 4.04 Notices. Any notices given hereunder shall be in writing and deemed given (a) one
business day after sent via email, (b) three business days after mailed, first class postage prepaid, or
(c) immediately upon hand delivery. Notices shall be delivered to the chief law enforcement or fire
protection officer of the Parties or, in the case of Arapahoe County, to the chairperson of the
Arapahoe BOCC. Notices to the Authority shall be delivered to the Board Chair.
Section 4.05 Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Colorado, without regard to such jurisdiction’s conflict of laws
principles.
Section 4.06 Venue. An action brought by any Party or the Authority to interpret or enforce any
provision of this Agreement may be brought only in a state court located in Arapahoe County,
Colorado. Each Party submits to the jurisdiction and venue of such courts and waives any objection
to which it otherwise might be entitled regarding such jurisdiction or venue.
Section 4.07 WAIVER OF RIGHT TO JURY TRIAL. EACH PARTY AND THE AUTHORITY HEREBY WAIVE
ANY RIGHT IT HAS OR MAY HAVE TO A JURY TRIAL IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT.
Section 4.08 Relationship of the Parties.
(a) Nothing in this Agreement creates a joint venture or partnership between or among:
(i) the Parties, or any of them; (ii) the Authority; and/or (iii) any third party.
(b) Neither any Party nor the Authority: (i) will be liable for the debts, liabilities, or
obligations of the others; (ii) is acting as the agent or partner of the others or will hold itself out as
such; or (iii) has the authority to bind the others.
Page 102 of 186
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
11
Section 4.09 Force Majeure. Neither any Party nor the Authority will be considered in default
under this Agreement to the extent that their performance is delayed or prevented by fire, flood,
hurricane, tornado, earthquake, other natural disasters, riot, war, terrorism, labor disputes, civil
strife, or other event outside the reasonable control of the performing Party or Authority.
Section 4.10 Entire Agreement. This Agreement states the entire agreement among the Parties
with respect to the subject matter of this Agreement and supersedes and replaces all previous
discussions, negotiations, and agreements, including the Original IGA and the First Amended IGA.
Section 4.11 Waiver. The failure of any Party or the Authority to insist upon the performance of
any provision of this Agreement or to exercise any right or privilege granted to such Party or the
Authority under this Agreement will not be construed as waiving such provision or any other
provision of this Agreement.
Section 4.12 Severability. If any provision of this Agreement is held to be invalid or unenforceable,
then the provision shall, if practicable, be modified or amended by the court to render it enforceable
to the maximum extent permitted; if modification or amendment is not practicable, then the
provision shall be severed from this Agreement with no effect upon the remaining provisions of this
Agreement.
Section 4.13 Third Party Beneficiaries. No provision of this Agreement is intended, nor shall it be
interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in
any person except the Parties and the Authority.
Section 4.14 Counterparts. This Agreement may be executed and delivered in counterparts
(including by means of electronic signatures), all of which taken together will constitute one and the
same agreement.
Section 4.15 Rules of Construction.
(a) Numbered Sections. Unless otherwise stated, a reference to any section will be
construed as a reference to the entire section identified, including any subsections thereof.
(b) Headings. The headings in this Agreement are for convenience of reference only and
will be ignored for purposes of construing and interpreting this Agreement.
(c) Citations to Statutes. Any citation to one or more statutes in this Agreement shall be
interpreted as a citation to those statutes as they may be amended from time to time.
(d) Including. The words “including” and “includes” shall be interpreted to mean
“including without limitation” and “includes without limitation.”
[signature page follows]
Page 103 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
12
In witness whereof, the Parties are executing this Agreement to signify their acceptance of all the
provision set forth herein, to be effective as of the Effective Date regardless of the actual date of
signature.
Attest:
Arapahoe County, acting by and through its
Board of County Commissioners
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Page 104 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
13
Attest: Bennett Fire Protection District
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 105 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
14
Attest: Town of Bow Mar
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 106 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
15
Attest: Byers Fire Protection District
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 107 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
16
Attest:
South Metro Fire Rescue
Fire Protection District
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 108 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
17
Attest: City of Centennial
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 109 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
18
Attest: City of Cherry Hills Village
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 110 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
19
Attest: Town of Columbine Valley
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 111 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
20
Attest: Cunningham Fire Protection District
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 112 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
21
Attest: Town of Deer Trail
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 113 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
22
Attest: Deer Trail Fire Protection District
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 114 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
23
Attest: City of Englewood
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 115 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
24
Attest: Town of Foxfield
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 116 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
25
Attest: City of Glendale
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 117 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
26
Attest: City of Greenwood Village
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 118 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
27
Attest: City of Littleton
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 119 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
28
Attest: Sable-Altura Fire Protection District
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 120 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
29
Attest: City of Sheridan
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Page 121 of 186
Signature Page to the
Second Amended and Restated Arapahoe County
911 Authority Intergovernmental Agreement
30
Attest: Strasburg Fire Protection District
By: __________________________________ By: _________________________________
Name: _______________________________ Name: ______________________________
Title: ________________________________ Title: _______________________________
Date: ________________________________ Date: _______________________________
Approved as to legal form:
By: __________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
a
Page 122 of 186
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Dorothy Hargrove
DEPARTMENT: City Manager's Office
DATE: April 6, 2020
SUBJECT:
Resolution to approve the Museum of Outdoor Arts Contract
Renewal
DESCRIPTION:
Resolution to approve the Museum of Outdoor Arts Contract Renewal
RECOMMENDATION:
Staff recommends approval, by Resolution, of the attached agreement with the Museum of
Outdoor Arts
PREVIOUS COUNCIL ACTION:
The original agreement between the City and the Museum of Outdoor Arts (MOA) was executed
in 1999. MOA has indicated that they are very interested in continuing this long term
relationship with the community in support of the arts. Representatives from MOA provided an
annual report to Council during the study session on November 25, 2019. Council reviewed a
proposed agreement at its December 9, 2019 study session and provided staff direction on
specific changes to modify the agreement before approval.
SUMMARY:
The attached proposed contract reflects specific suggestions from Council. This includes a
more detailed list of MOA activities and programs that may be adequately measured for
compliance during the term of the contract. These are enumerated in Article II, and reiterated
and further explained in Article XVII. Article XVI details the financial payments of the City to
MOA, which now reflect a 2020 payment of $48,000, a 2021 payment of $24,000 and no further
payments for the term of the agreement. This compares to the previous annual payments of
$96,000 per year and will save the City significant expense moving forward. The current
contract expires in May 2020.
Because the City technically leases the space in the Civic Center from the Englewood
Environmental Foundation (EEF), the EEF Board of Directors approved by Resolution the
sublease of the premises at its December 6, 2019 meeting.
In brief:
• MOA will provide enumerated programs, exhibits and activities, including no cost access
at designated times for Englewood residents for ticketed exhibits
• The City will pay MOA a total of $48,000 in the first year of the contract (half of the
previous amount) and $24,000 during the 2nd year of the agreement with no further
payments for the life of the agreement.
Page 123 of 186
• The City will continue to provide space, utilities, basic facility maintenance, and janitorial
services
• The initial term will be for 3 years, with 3 additional three-year terms, all subject to
annual appropriation in compliance with TABOR, and that upon the retirement of the
Certificates of Participation, the Englewood Environmental Foundation (EEF) will no
longer be a Party to the Agreement, but the Agreement shall continue between the City
and MOA.
• Either the City or MOA may terminate the agreement with a six-month written notice.
ANALYSIS:
Continuation of the partnership begun 20 years ago between the City and MOA will ensure
continued support for the arts in the Englewood community. The proposed contract limits the
City's financial obligations, clarifies mutual obligations, and encourages accountability, access
and transparency for the community. That either the City or MOA may cancel this agreement
with a 6-month written notice allows for flexibility due to a variety of changing circumstances,
including possible development or changes in the Civic Center building use.
FINANCIAL IMPLICATIONS:
The proposed payment of $48,000 is half the amount originally budgeted in the current 2020
General Fund budget, representing significant cost savings for the city. The cost of janitorial
services and facility maintenance is included in the Public Works general fund budget for 2020
as part of the overall support for the Civic Center building.
ALTERNATIVES:
Council may approve, deny or table a decision on the proposed resolution to enter into the
premises lease. Because the current agreement expires in May 2020 a decision to deny or
table past that date would require that the agreement move to a month-to-month lease pursuant
to Article XIII.
CONCLUSION:
The proposed agreement reflects suggestions from Council to amend and improve the original
partnership agreement while still providing a valuable arts partnership for the Englewood
community.
ATTACHMENTS:
Resolution
Proposed agreement between the City of Englewood and MOA
Page 124 of 186
Page | 1
RESOLUTION NO.
SERIES OF 2020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO APPROVING A PREMISES LEASE
AGREEMENT WITH MUSEUM OF OUTDOOR ARTS (MOA).
.
WHEREAS, in 1999 Englewood and MOA entered into a Governmental Agreement
and Sublease wherein MOA would sublease from CITY certain space in the Civic Center
Building for the operation, maintenance and enhancement of a world-class museum and art
education program at the City Center;
WHEREAS, beginning in 1999 MOA has developed programming for the Englewood
community including art education-based exhibitions, special events, Design and Build arts
education internships, gallery exhibitions, special programs, concerts, workshops, and
temporary and permanent art installations;
WHEREAS, since the parties entered into the original Agreement in 1999, MOA has
installed 40 public sculptures, spent an average of $400,000 per year in arts programming,
workshops, conservation, and community events, and has spent over $900,000 for all
tenant finish and improvements at its City of Englewood location;
WHEREAS, MOA’s current collection in Englewood, including the Civic Center and
City Center area, is comprised of 34 outdoor artworks and 6 indoor artworks.
WHEREAS, MOA spends approximately $50,000 annually in sculpture conservation
and repair, and in 2018 MOA invested $122,913 in art conservation efforts on the art
installations in the City of Englewood, including the Brooklyn Bridge, Bathroom People,
Horizon, Duo, Bagatelle, and various bronze, metal and stone sculptures;
WHEREAS, MOA has been recognized throughout the State for its efforts in both
“Arts” and “Education”, and has earned the Governor’s Award for Excellence in the Arts,
and the Museum Educator of the Year award;
WHEREAS, MOA is active in Englewood schools, providing educational outreach
through artist workshops in the MOA studios, artist workshops within Englewood schools,
grants for arts education projects, site specific art installations and free student touring;
WHEREAS, MOA currently offers year-round Artist in Residence programming,
three sessions of its paid arts education internship, Design and Build, artist demonstrations,
lectures, and events at no charge to the public.
WHEREAS, MOA has developed a three-year exhibition, conservation, and events
programming plan for its Englewood location, which is comprised of major arts exhibitions
Page 125 of 186
Page | 2
including a Robert Rauschenberg retrospective, increased collaboration on public art and
community placemaking events with the City of Englewood, Englewood Arts, and the
Englewood schools, and interactive workshops, lectures, and artist demonstrations with
planned expenditures of approximately $400,000 in each calendar year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. Approval. The Premises Agreement and Sublease, as attached hereto, is
hereby approved, and the Mayor is hereby authorized to execute the same on behalf of
the City.
Section 2. Effective Date. This Resolution shall take effect upon its approval by the
City Council.
Section 3. Savings Clause. If any section, paragraph, clause or provision of this
Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause or provision shall not affect any of
the remaining issues of this Resolution.
ADOPTED AND APPROVED this 6th day of April, 2020.
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 2019.
Stephanie Carlile, City Clerk
Page 126 of 186
(COE/MOA Premises Lease (2020)) Page 1 of 22
PREMISES AGREEMENT
AND SUBLEASE
THIS GOVERNMENTAL AGREEMENT AND SUBLEASE, (hereinafter referred to
in its entirety as “Agreement”), made and entered into this day of
2020, by and between the City of Englewood, Colorado
(hereinafter referred to as “CITY”), the Englewood Environmental Foundation, Inc. (hereinafter
referred to as “EEF”), and The Museum of Outdoor Arts (hereinafter referred to as “MOA”). CITY
and EEF are herein collectively referred to as “Englewood”.
RECITALS
WHEREAS, in 1999 Englewood and MOA entered into a Governmental Agreement and
Sublease wherein MOA would sublease from CITY certain space in the Civic Center Building for
the operation, maintenance and enhancement of a world-class museum and art education program
at the City Center;
WHEREAS, beginning in 1999 MOA has developed programming for the Englewood
community including art education-based exhibitions, special events, Design and Build arts
education internships, gallery exhibitions, special programs, concerts, workshops, and temporary
and permanent art installations;
WHEREAS, since the parties entered into the original Agreement in 1999, MOA has
installed 40 public sculptures, spent an average of $400,000 per year in arts programming,
workshops, conservation, and community events, and has spent over $900,000 for all tenant finish
and improvements at its City of Englewood location;
WHEREAS, MOA’s current collection in Englewood, including the Civic Center and City
Center area, is comprised of 34 outdoor artworks and 6 indoor artworks;
WHEREAS, MOA spends approximately $50,000 annually in sculpture conservation and
repair, and in 2018 MOA invested $122,913 in art conservation efforts on the art installations in
the City of Englewood, including the Brooklyn Bridge, Bathroom People, Horizon, Duo,
Bagatelle, and various bronze, metal and stone sculptures;
WHEREAS, MOA has been recognized throughout the State for its efforts in both “Arts”
and “Education”, and has earned the Governor’s Award for Excellence in the Arts, and the
Museum Educator of the Year award;
WHEREAS, MOA is active in Englewood schools, providing educational outreach
through artist workshops in the MOA studios, artist workshops within Englewood schools, grants
for arts education projects, site specific art installations and free student touring;
Page 127 of 186
(COE/MOA Premises Lease (2020)) Page 2 of 22
WHEREAS, MOA currently offers year-round Artist in Residence programming, three
sessions of its paid arts education internship, Design and Build, artist demonstrations, lectures, and
events at no charge to the public.
WHEREAS, MOA has developed a three-year exhibition, conservation, and events
programming plan for its Englewood location, which is comprised of major arts exhibitions
including a Robert Rauschenberg retrospective, increased collaboration on public art and
community placemaking events with the City of Englewood, Englewood Arts, and the Englewood
schools, and interactive workshops, lectures, and artist demonstrations with planned expenditures
of approximately $400,000 in each calendar year.
NOW THEREFORE, in consideration of the mutual covenants and agreements, and the
promises herein contained the Parties agree as follows:
ARTICLE I
GRANT AND TERM
1.1 Museum Premises. In consideration of the rents, covenants and agreements herein
set forth and reserved for the performance of MOA, CITY does hereby sublease unto MOA the
space on the second floor of the Civic Center Building, occupied and used by MOA as identified
on Exhibit B of this Agreement, Map of MOA Museum Premises, located at 1000 Englewood
Parkway, Englewood, Colorado, hereinafter the “Museum Premises”. The Museum Premises
contain approximately 10,000 square feet of rentable space.
1.2 Term. The Term of this Agreement shall commence upon the date the Parties
execute this Agreement, and shall terminate at 12:00 midnight, on December 31st, 2022, unless
extended pursuant to Article XIV.
1.3 Participation by Englewood Environmental Foundation. The Parties hereby
acknowledge that upon the retirement of the Certificates of Participation, the Englewood
Environmental Foundation (EEF) shall no longer be a Party to this Agreement, and any references
to EEF herein shall have no force or effect.
ARTICLE II
RENT AND IN-KIND SERVICES
2.1 Rent. MOA agrees to pay the CITY at the office of the CITY in the Civic Center
Building or at such other place as CITY may designate in writing, annual rent for each sublease
year for said premises as follows:
(a) The sum of One Dollar per year payable in advance on the date of this Agreement
and thereafter on the Agreement date thereafter until this Agreement is terminated.
(b) Collaboration on public art and community placemaking events with the City of
Englewood, Englewood Arts, and the Englewood schools, to assist the City with its
increased branding and community building efforts including, but not limited to,
participation in the Sounds of Summer event series and annual Englewood Block Party,
site-specific placemaking events planned by the CITY, or an Englewood Holiday Tree
Page 128 of 186
(COE/MOA Premises Lease (2020)) Page 3 of 22
Lighting event.
(c) Provide educational workshops, artist demonstrations, and gallery activations at no
cost for the community including arts education outreach and touring incentives for
Englewood schools. Host at least one gallery exhibition/installation annually with
supplemental programming (i.e. workshop, guest lecture, panel discussion or artist
demonstration) as appropriate. Conduct at least one session of Design and Build education
programming in the MOA galleries or in partnership with local Englewood high schools.
Collaborate with the CITY to produce the Englewood Calendar Art Show. Continue free or
reduced cost touring for all Englewood schools, senior groups, and special needs groups.
Enable Englewood residents to visit exhibitions at no charge as part of community-wide free
days as currently supported by the Scientific and Cultural Facilities District grants. Continue
outreach programming and artist workshops with Englewood schools. MOA will also
conduct special programming, concerts, temporary exhibitions, and events when annual
programming scope, directives from the board of trustees, and annual budgets permit these
additional activities
(d) Maintain a public art collection of no fewer than thirteen (13) outdoor artworks with
a combined value of at least five hundred thousand ($500,000) dollars.
2.2 Sublease Year Defined. The term “sublease year’, as used herein, is hereby defined
to mean and include those periods of the term which for the first sublease year begin on the date of
this Agreement, as first above written, and ends on the last day of the 12th calendar month during
which the Agreement will have been in effect, and for subsequent years begins immediately after
the end of the first sublease year and on the anniversary date of such beginning in each year
thereafter, and ends twelve (12) months later in each subsequent year.
2.3 Deposit. No deposit is required hereunder.
ARTICLE III
CONDITIONS OF PREMISES
3.1 MOA’s Obligations. MOA shall continue to occupy only those premises currently in
use by MOA and will maintain those premises in good order. All finish and remodeling is to be
performed by MOA at MOA's expense. Work shall be completed in a good and workmanlike
manner, free of any liens for labor and materials, and in accordance with all building codes and
other regulations of CITY. CITY shall grant to MOA all required building permits, subject to
compliance with CITY building code requirements.
(a) All alterations, additions, improvements or fixtures of a permanent nature, made by
either party at the expense of MOA (except only movable office furniture and other
personal items not attached to the Building) shall be deemed a part of the real estate and
the property of CITY and shall remain upon and be surrendered with the Museum Premises
as a part thereof without molestation, disturbance or injury at the end of the term, whether
by lapse of time or otherwise. The glass double doors on the East side of the building,
entitled The Keepers Mandala, installed by MOA in 2008 are considered a work of fine art,
are included in the MOA collection schedule for this purpose, and are not considered
alterations, additions, improvements, or fixtures of a permanent nature.
(b) All improvements and remodeling of the Museum Premises shall be accomplished
in accordance with the drawings and specifications prepared by MOA's architect. CITY's
Page 129 of 186
(COE/MOA Premises Lease (2020)) Page 4 of 22
architect will be permitted to review MOA's space plan and to make recommendations, if
any, concerning it prior to its approval by CITY. The CITY shall have final approval over
the improvement and remodeling of the Museum Premises.
(c) Should CITY or EEF receive notice of, or should there be recordation in the real
estate records of Arapahoe County, Colorado of, any materialman's or mechanic's lien on
the CITY's or EEF's property as the result of any work performed, or materials provided,
for or on behalf of, MOA, MOA shall, upon receipt of written notice from CITY or EEF,
immediately have such lien released. If, for any reason, MOA is unable to obtain a release
of said lien within thirty days of CITY or EEF's notice, MOA shall provide CITY or EEF
with a cash payment in the amount of the stated amount of the lien. CITY or EEF shall
place such cash deposit in an interest- bearing account of CITY or EEF's choice at the bank
where CITY or EEF conducts its banking business.
(d) If the lien is not thereafter released no later than six months following the date of
CITY or EEF's notice, CITY or EEF shall be permitted to use the cash deposit and all
earnings thereon to obtain a release of the lien. Should there be any balance remaining in
the cash account after release of the lien, the balance shall be refunded to MOA. Should
MOA obtain a release of the lien after making the cash deposit, the entire balance of the
cash deposit shall be paid to MOA upon receipt by CITY or EEF of satisfactory proof that
CITY or EEF1s title is no longer encumbered by the lien. Should CITY or EEF be named
in any suit, whether or not it is a suit to foreclose upon a lien, resulting from any work
performed, or materials provided, for or on behalf of, MOA, MOA agrees to indemnify and
save CITY and EEF harmless from and against any such suit or claim, including costs.
(e) Any improvements constructed by MOA to the Museum premises over the term of this
Agreement shall be constructed according to drawings and specifications approved by the
CITY for offices, classrooms, art workrooms and museum display areas.
ARTICLE IV
USE OF PREMISES
4.1 Use of Premises and Business Hours. During the entire term of this Agreement,
the Museum Premises shall be used solely for the purpose of the conduct of MOA's exempt
purposes, its business offices, classes, and other lawful activities associated with such business.
The business hours for MOA shall conform to the standard building hours of operation. The CITY
agrees to accommodate additional hours outside standard building hours on a reasonable basis.
MOA shall be required to provide the CITY with notice of the need for additional hours at least
fourteen (14) days in advance. For all purposes under this Agreement standard building hours
means 7:00 a.m. to 9:00 p.m., Monday through Friday, and 7:00 a.m. to 6:00 p.m. Saturday, other
than holidays.
4.2 Compliance with Laws and Regulations. MOA shall, at all times maintain and
conduct its business, insofar as the same relates to MOA's use and occupancy of the Museum
Premises, in a lawful manner, and in strict compliance at MOA’s sole expense with all
governmental laws, rules, regulations and orders and provisions of insurance underwriters
applicable to the business of MOA conducted in and upon the Museum Premises.
4.3 Affirmative Covenants of MOA Relative to Usage of Museum Premises. MOA
agrees to the following:
Page 130 of 186
(COE/MOA Premises Lease (2020)) Page 5 of 22
(a) MOA shall warehouse, store or stock in the Museum Premises only MOA's
necessary equipment and supplies.
(b) MOA shall not permit waste of the Museum Premises.
(c) MOA shall keep said premises clean and in the sanitary condition as required by
the ordinances, and the health, sanitary, and police regulations, of CITY.
(d) MOA shall not permit nor allow said premises, or the walls or floors thereof to be
endangered by overloading.
ARTICLE V
MAINTENANCE, REPAIRS AND SERVICES
5.1 By MOA. MOA agrees that during the term of this Agreement, it will be obligated
to make all repairs, maintenance and replacements to all fixtures, appliances and facilities furnished
by MOA.
5.2 By Englewood. CITY agrees that, without extra charge, during the term of this
Agreement, and in accordance with standards from time to time prevailing for like office buildings
in Englewood, Colorado, to furnish water, sewer, and such heated or cooled air to the Museum
Premises during all of MOA's business hours as may be required for the comfortable use and
occupancy of the Museum Premises; to provide building standard nightly janitor service for the
Museum Premises during business days which, at a minimum, will include the daily emptying of
waste receptacles, vacuuming of floors, spot cleaning of carpets as necessary, and dusting of all
horizontal surfaces; to provide quarter annual window washing and such wall cleaning as may in the
judgment of CITY be reasonably required; to provide snow removal as needed; and to cause electric
current to be supplied for lighting in the leased premises and public halls, and it is understood that
MOA shall use such electric current as shall be supplied by CITY for all equipment necessary to
conduct MOA's business. The CITY shall replace light bulbs or tubes used in lighting the Museum
Premises. CITY shall, during standard business hours, provide proper and adequate security to the
Museum Premises.
5.3 Parking. CITY shall provide MOA with no fewer than forty (40) non-assigned and
shared parking spaces in the parking area of City Center closest to access to the Museum Premises.
5.4 Surrender of Premises. At the expiration of this Agreement, MOA shall surrender the
Museum Premises in the same condition as exists upon the completion of the MOA improvements,
ordinary wear and tear excepted.
ARTICLE VI
FIXTURES, SIGNS, AND ALTERATIONS
6.1 Fixtures. All fixtures of a permanent nature installed by MOA shall be in good
conditions and have a useful life of at least twenty years, unless otherwise approved by CITY.
Upon the installation of any fixture of a permanent nature by MOA, such fixture shall become the
property of CITY. CITY must approve in advance the installation of a permanent fixture and such
approval shall not unreasonably withheld.
6.2 Signs. MOA shall not erect any antenna, loudspeaker, or any exterior or interior
signs without first obtaining the written consent of the CITY, which consent shall not be
Page 131 of 186
(COE/MOA Premises Lease (2020)) Page 6 of 22
unreasonably withheld. MOA signage shall conform to the signage in the Civic Center Building.
Further, all approved, illuminated signs must derive light from a concealed source (no exposed
globes, tubing, etc.). The CITY shall provide adequate directional signage to and from MOA
throughout City Center as well as street and building signage identifying MOA’s presence and
location and identification of classes and events.
6.3 Alterations. Subsequent to completion of the improvements, MOA may, from time
to time, during any term, at its own cost and expense, upon written consent of CITY, which consent
shall not be unreasonably withheld, make any reasonable nonstructural alterations or changes in
the interior of the Museum Premises in a good and workmanlike manner in compliance with all
applicable requirements of law, it being understood that "nonstructural" shall include moving of
stud partitions, minor plumbing and electrical work and modification and rearrangement of
fixtures; provided that nothing in this Section.shall limit or modify MOA's rights under Section
5.2. CITY agrees to cooperate with MOA for the purpose of securing necessary permits for any
changes, alterations or additions permitted under this section. For this purpose, nonstructural
alterations or changes do not include alterations or changes being made in the Museum Premises
for the purpose of presenting an art or performance exhibit of a duration of less than six months. In
this latter event, MOA will not be obligated to obtain consent of CITY. MOA shall be required to
obtain permits mandated by ordinance, if any, in order to make any such alterations or
improvements.
6.4 MOA will not alter the exterior of the Museum Premises and shall have no right to
make any change, alteration or addition to the Museum Premises which would impair the structural
soundness or diminish or increase the size thereof, without the prior written consent of CITY.
6.5 All costs of any such work shall be paid promptly by MOA so as to prevent the
assertion of any liens for labor or materials. MOA agrees that any improvements made by it (except
trade fixtures and unattached signs) shall immediately become the property of CITY.
ARTICLE VII
PUBLIC LIABILITY
7.1 MOA’s Liability Insurance. MOA shall, during the entire term hereof, keep in full
force and effect a policy of public liability and property damage insurance with respect to the
Museum Premises, and the business operated by MOA in the Museum Premises, in which the limits
of public liability shall not be less than One Million and No/100 Dollars ($1,000,000.00) per person
and One Million and No/100 Dollars ($1,000,000.00) per incident and in which the total damage
liability shall not be less than Two Million and No/100 Dollars ($2,000,000.00). The policy shall
name CITY as an additional named insured, and shall contain a clause that the insurer will not
cancel or change the insurance without first giving the CITY thirty (30) days prior written notice.
The insurance shall be an insurance company approved to do business in the State of Colorado and
a copy of the policy or a Certificate of Insurance shall be delivered to Englewood. Nothing herein
shall be construed as a waiver by the City of its immunities as set forth within the Colorado
Governmental Immunities Act.
7.2 Worker’s Compensation. To the extent required by law, MOA shall procure and
maintain worker’s compensation coverage for its employees.
Page 132 of 186
(COE/MOA Premises Lease (2020)) Page 7 of 22
ARTICLE VIII
DAMAGE BY FIRE OR CASUALTY
8.1 Insurance Coverage by MOA. MOA shall keep the Museum Premises insured
against loss or damage by fire, with the usual extended coverage endorsements, in amounts not
less than the full insurable value of the improvements thereof.
8.2 Additional Coverage by MOA. MOA agrees that it shall keep its fixtures,
merchandise and equipment insured against loss or damage by fire with the usual extended
coverage endorsements. It is understood and agreed that MOA assumes all risk of damage to its
own property arising from any cause whatsoever, including, without limitation, loss by theft or
otherwise.
8.3 Protection from Subrogation. Anything in this Agreement to the contrary
notwithstanding, neither CITY, EEF nor MOA shall be liable to the other for any business
interruption or any loss or damage to property or injury to or death of persons occurring on the
Museum Premises or the adjoining properties, sidewalks, streets or alleys, or in any manner growing
out of or connected with MOA's use and occupation of the Museum Premises, or the condition
thereof, or of sidewalks, streets or alleys adjoining caused by negligence or other fault of CITY,
EEF or MOA or of their respective agents, employees, licensees, assignees, guests or invitees, to
the extent that such business interruption or loss or damage to the property or injury to or death of
persons is covered by or indemnified by proceeds received from insurance carried by the other
party (regardless of whether such insurance is payable to or protects CITY, EEF or MOA or two or
more of them) or for which such party is otherwise reimbursed; and licensees and assignees, for any
such loss or damage to property or injury to or death of persons to the extent the same is covered
or indemnified by proceeds received from any such insurance, or for which reimbursement is
otherwise received. Nothing in this Section 8.3 contained shall be construed to impose any other or
greater liability upon CITY, EEF or MOA than would have existed in the absence of this Section
8.3.
8.4 Notice. MOA shall give immediate written notice to CITY of any damage caused
to the Museum Premises by fire or other casualty.
8.5 Partial Damage. In case during the term hereof the Museum Premises shall be
partially damaged (as distinguished from "substantially damaged," as that term is hereinafter
defined) by fire or other casualty, MOA shall forthwith proceed to repair such damage and restore
the Museum Premises, (subject, however, to zoning laws and building codes then in existence) to
substantially the same condition as before the time of such damage. MOA agrees that, promptly
after completion of such work, it will proceed with reasonable diligence and at its sole cost and
expense to restore its fixtures and equipment for reopening. In making such repairs of partial
damage MOA shall be permitted to obtain the proceeds, if any, of the fire insurance procured by
MOA which proceeds are paid as a result of such fire damage, whether paid directly to CITY or the
company or the agency doing the repair work. MOA shall be responsible for payment of all repair
work for such partial damage which is not covered by such fire insurance.
8.6 Substantial Damage. In case during the term hereof the Museum Premises shall
be substantially damaged or destroyed by fire or other casualty, the risk of which is covered by
insurance, MOA shall have the option exercisable in writing within forty-five (45) days to
terminate this Agreement and deliver to CITY all insurance proceeds (other than proceeds in
respect of inventory, fixtures and equipment), if any, or to retain this Agreement in full force and
effect in which event MOA shall, proceeding with all reasonable dispatch, repair or rebuild the
Page 133 of 186
(COE/MOA Premises Lease (2020)) Page 8 of 22
Museum Premises, to substantially their condition at the time of such damage or destruction
(subject, however, to zoning and building codes then in existence). For this purpose the term
"inventory" includes, among other things, MOA's artwork.
8.7 No Abatement of Operation. MOA agrees that during any period of
reconstruction or repair of the Museum Premises it will continue the operation of its business
within the Museum Premises to the extent practicable.
8.8 Definition of Substantial Damage. The terms "substantially damaged" and
"substantial damage," as used in this Article, shall have reference to damage of such a character as
cannot reasonably be expected to be repaired or the Museum Premises restored within one hundred
and thirty-five (135) days from the time that such repair or restoration work would be commenced,
as certified by a registered architect selected by MOA and accepted by CITY.
ARTICLE IX
HAZARDOUS MATERIALS
9.1 MOA’s Representation. MOA agrees that whenever it, or any of its agents,
employees, contractors, licensees or invitees, causes or permits any Hazardous Material to be
brought upon, kept, used or disposed of in, about or from the Museum Premises by MOA, the same
will be kept, used and disposed of in a manner that complies with all laws regulating any such
Hazardous Material and their possession, storage, use and disposal.
9.2 Definition of Hazardous Material. "Hazardous Material”, as used in this
Agreement, shall be any petroleum based products, paints and solvents, polychlorinated biphenyl,
lead, acids, ammonium compounds and other chemical products (excluding commercially used
cleaning materials in ordinary quantities), and any substance or material if defined or designated
as a hazardous or toxic substance, or other similar term, by any federal, state or local law, statute,
regulation, or ordinance presently in effect or that may be promulgated in the future, as such
statutes, regulations and ordinances may be amended from time to time.
9.3 CITY’s Responsibility for Removal. Notwithstanding the foregoing, if any
Hazardous Material was used in connection with the original construction of the Museum Premises
and the removal of such Hazardous Material from the Museum Premises becomes necessary during
the term of this Agreement, Englewood shall be responsible for the removal of the same, except if
MOA, or any of its agents, employees, contractors, licensees, or invitees, by their actions (as
opposed to ordinary wear and tear) has somehow affected the original construction materials in
some way so that the same have to be removed, in which event MOA shall be responsible for such
removal.
ARTICLE X
ASSIGNMENT AND SUBLETTING
10.1 Consent Required. MOA may not assign this Agreement and/or sublet the Museum
Premises or any part thereof, without in each instance obtaining the written permission of CITY.
The consent by Englewood to any assignment or subletting shall not constitute a waiver of the
necessity for such consent to any subsequent assignment or subletting. This prohibition against
assigning or subletting shall be construed to include a prohibition against any assignment or
subletting by operation of law. If this Agreement is assigned, or if the Museum Premises or any
part thereof is sublet or occupied by anybody other than MOA, CITY may collect rent from the
Page 134 of 186
(COE/MOA Premises Lease (2020)) Page 9 of 22
assignee, sublessee or occupant, and apply the net amount collected to the rent herein reserved, and
such assignment, subletting, occupancy or collection shall be deemed a release of MO A from the
further performance by MOA of covenants on the part of MOA herein contained with respect to
the assigned or sublet premises. Notwithstanding the right to assign or sublet herein granted, the
CITY shall be permitted to refuse to consent to assignment or sublet unless the CITY's obligation
under Article XVI is eliminated upon assignment or sublet.
ARTICLE XI
MOA’S DEFAULT
11.1 Events of Default. The following events shall be deemed to be events of default by
MOA under this Agreement.
(a) MOA shall have failed to pay any installment of rent or any other charge provided
herein, or any portion thereof when the same shall be due and payable, and the same shall
remain unpaid for a period of ten (10) days after written notice from the CITY; or
(b) MOA shall have failed to comply with any other provisions of this Agreement and
shall not cure such failure within thirty (30) days after CITY, by written notice, has
informed MOA of such noncompliance; or
(c) MOA shall file in any court a petition in bankruptcy or insolvency or for
reorganization within the meaning of the United States Bankruptcy Code, as amended, (or
for reorganization or arrangement under any future Bankruptcy Act for the same or similar
relief) or for the appointment of a receiver or trustee of all or a portion of MOA’s property;
or
(d) An involuntary petition of the kind referred to in paragraph (c) of this Section 11.1
shall be filed against MOA and such petition shall not be vacated or withdrawn within ninety
(90) days after the date of filing thereof; or
(e) MOA shall make an assignment for the benefit of creditors; or
(f) MOA shall be adjudicated a bankrupt; or
(g) MOA shall for reasons other than those specifically permitted in this Agreement,
cease to conduct its business operations required by Article IV hereof in the Museum
Premises or shall vacate or abandon the Museum Premises and leave same vacated or
abandoned for a period of thirty (30) days.
Upon the occurrence of an event of default, CITY’s sole remedy shall be to cancel and terminate
this Agreement.
11.2 Costs, Expenses and Attorneys’ Fees. In the event of any suit instituted by either
party to enforce the covenants and agreements contained in this Agreement, the prevailing party
in any such litigation shall be entitled to recover all costs, expenses, and reasonable attorneys' fees
that may be incurred or paid as a result of such litigation. In the event of a compromise, neither party
shall recover costs, expenses and attorneys' fees, but such costs, expenses and attorneys' fees may
be considered by the parties in reaching a compromise.
Page 135 of 186
(COE/MOA Premises Lease (2020)) Page 10 of 22
ARTICLE XII
SUBORDINATION OR SUPERIORITY OF SUBLEASE
12.1 Lease Subordinate or Superior to Deed of Trust. It is agreed that the rights and
interest of MOA under this Agreement shall be subject and subordinate to any mortgage or deeds
of trust placed upon the Civic Center Building, to any and all advances to be made thereunder, to
the interest thereon, and to all renewals, modifications, replacements and extension thereof,
provided the mortgagee or trustee named in said mortgages or deeds of trust must elect by written
notice delivered to MOA to subject and subordinate the rights and interest of the MOA under this
Agreement to the lien of its mortgagee or deed of trust and shall agree to recognize this Agreement
of MOA in the event of foreclosure if MOA is not in default; however, any mortgagee or trustee
may elect to give the rights and interest of the MOA under this Agreement priority over the lien of
its mortgage or deed of trust. In the event of either such election, and upon notification by such
mortgagee or trustee to MOA to that effect, the rights and interest of the MOA under this
Agreement shall be deemed to be subordinate to, or have priority over, as the case may be, the lien
of said mortgage or deed of trust, whether this Agreement is dated prior to or subsequent to the date
of said mortgage or deed of trust. MOA shall execute and deliver whatever instruments may be
required for such purposes, and in the event MOA fails so to do within ten (10) days after demand
in writing, MOA does hereby make, constitute and irrevocably appoint CITY as its attorney in fact
and in its name, place and stead so to do.
ARTICLE XIII
MISCELLANEOUS PROVISIONS
13.1 Holding Over. In the event that MOA shall continue to occupy the Museum
Premises after the expiration of this Agreement, said tenancy shall be construed to be a tenancy
from month-to- month, unless a letter is delivered to MOA by City, at the address set forth herein,
demanding immediate removal from the premises. All of the terms and conditions herein contained
shall apply during a month- to-month tenancy.
13.2 Waiver. Failure on the part of the CITY to complain or notify of any action or non-
action on the part of MOA, no matter how long the same may continue, shall never be deemed to
be a waiver by Englewood of any of its rights hereunder. Further, it is covenanted and agreed that
no waiver at any time of any of the provisions hereof by Englewood shall be construed as a waiver
at any subsequent time of the same provisions unless Englewood so agrees at the time of the waiver.
13.3 Covenant of Quiet Enjoyment. MOA, subject to the terms and provisions of this
Agreement on payment of the rent and observing, keeping and performing all of the terms and
provisions of this Agreement on its part to be observed, kept and performed, shall lawfully
peaceably and quietly have, hold, occupy and enjoy the Museum Premises during the term hereof
without hindrance or ejection by any persons lawfully claiming under Englewood.
13.4 Status Reports. Recognizing that both parties may find it necessary to establish to
third parties, such as accountants, banks, mortgagees, or the like, the then current status of
performance hereunder, either party, on the written request of the other made from time to time,
will promptly furnish a written statement on the status of any matter pertaining to this Agreement.
13.5 Notice to Mortgagee. After receiving written notice from any person, firm, or other
entity, that it holds a mortgage (which term shall include a deed of trust) which includes as part of
Page 136 of 186
(COE/MOA Premises Lease (2020)) Page 11 of 22
the mortgaged premises the Museum Premises, MOA shall, so long as such mortgage is outstanding
be required to give to such holder the same notice as is required to be given to CITY under the terms
of this Agreement, but such notice may be given by MOA to CITY and such holder concurrently.
It is further agreed that such holder shall have the same opportunity to cure any default, and the
same time within which to effect such curing, as is available to CITY; and if necessary to cure
such a default, such holder shall have all rights of CITY.
13.6 Invalidation of Particular Provisions. If any term or provision of this Agreement,
or the application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provision to
person or circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected thereby, and each term and provision of this Agreement shall be valid and be enforced
to the fullest extent permitted by law.
13. 7 Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms
hereof shall be binding upon and shall inure to the benefit of the successors and assigns,
respectively, of Englewood and MOA. Each term and each provision of this Agreement to be
performed by Englewood or MOA shall be construed to be both a covenant and a condition. The
reference contained to successors and assigns of MOA is not intended to constitute a consent to
assignment by MOA, but has reference only to those instances in which Englewood may later give
written consent to a particular assignment as permitted by the provisions of Section 10.1 hereof.
13.8 Governing Law. This Agreement shall be governed exclusively by the provisions
hereof and by laws of the State of Colorado and its political subdivisions as the same may from
time to time exist.
13.9 Notices. Any notice which may be required to be given under this Agreement shall
be delivered in person or sent by registered or certified mail, postage prepaid and shall be addressed
to Englewood at 1000 Englewood Parkway, Englewood, Colorado 80110, Attention: City
Manager and to MOA at the address of the Museum Premises, or to either party at such other
address as shall be designated by written notice to the other party. Whenever under this Agreement
a provision is made for notice of any kind, it shall be deemed sufficient notice and service thereof
if such notice to MOA is in writing addressed to MOA at the Museum Premises and deposited in
the mail with postage prepaid, and if such notice to Englewood is in writing addressed to the
location for payment of rent as provided in Article II and deposited in the mail with postage prepaid.
13.10 Section Headings. The headings, section numbers and article numbers appearing
in this Agreement are not intended in any manner to define, limit or describe the scope of any such
section or article and are solely inserted as a matter of convenience.
13.11 Entire Agreement. This Agreement and any exhibits or riders made a part hereof
constitute the entire agreement between the parties relating to the subject matter hereof. It is
understood that there are no oral agreements between the parties hereto affecting this Agreement,
and this Agreement supersedes and cancels any and all previous negotiations, arrangements,
brochures, agreements or understandings, if any, between the parties hereto or displayed by
Englewood to MOA with respect to the subject matter hereof, and none shall be used to interpret
or construe this Agreement. It is further agreed by and between the parties hereto that there shall
be no modification or amendment of this Agreement except as may be executed in writing between
the parties hereto.
13.12 Access to Premises. CITY shall have the right to enter upon the Museum Premises
Page 137 of 186
(COE/MOA Premises Lease (2020)) Page 12 of 22
at all reasonable hours for the purpose of inspecting the same and during any emergency. If
Englewood deems any repairs necessary, Englewood may make at its expense or cause MOA to
make such repairs, as may be required under this Agreement, at MOA's expense.
13.13 Payment After Termination or Notice. No payment of money by MOA to
Englewood after the termination of this Agreement in any manner, or after the giving of any notice
to MOA, shall reinstate, continue or extend the term of this Agreement or affect any notice given
to MOA prior to the payment of such money, it being agreed that after the service of notice or the
commencement of a suit or after final judgment granting Englewood possession of said premises,
Englewood may receive and collect any sums of rent due, or any other sums of money due under
the terms of this Agreement, and the payment of such sums of money whether as rent or otherwise,
shall not waive said notice, or in any manner affect any pending suit or any judgment theretofore
obtained.
13.14 Access for Reletting. Englewood may at any time within ninety (90) days before
the expiration of this Agreement, enter the Museum Premises at all reasonable hours for purposes
of offering the same for rent, and may place and keep on the window and doors of said premises
signs advertising the premises for rent.
13.15 Joint and Several Liability. All the terms, covenants and conditions contained in
this Agreement to be performed by either party, if such party shall consist of more than one person
or organization, shall be deemed to be joint and several, and all rights and remedies of the parties
shall be cumulative and nonexclusive of any other remedy at law or in equity.
13.16 Brokers. MOA warrants that it has had no dealings with any real estate broker or
agents in connection with the negotiation of this Agreement, and that it knows of no other real
estate broker or agent who is or might be entitled to a commission in connection with this
Agreement.
13.17 Corporate Authority. MOA is a Colorado not-for-profit corporation, and each
individual executing this Agreement on behalf of MOA represents and warrants that he is duly
authorized to duly execute and deliver this Agreement on behalf of MOA, and that this Agreement
is binding upon MOA in accordance with its terms.
13.18 Copies. This Agreement may be executed in any number of copies all of which shall
be deemed an original and all of them shall constitute one and the same agreement; provided, that,
it shall only be necessary to produce one copy of such Agreement for proof.
13.19 Approval of City Council. CITY represents and warrants that all of the terms of
this Agreement have been reviewed and approved by its City Council, that an appropriate
Resolution has been adopted by the City Council authorizing CITY to enter into this Agreement,
that the person executing this Agreement on behalf of CITY has full authority to do so, and that
the actions of the City Council are such that this Agreement shall remain in full force and effect in
accordance with its terms throughout the term described in Section 1.2. CITY further represents
and warrants that this Agreement is legally binding upon CITY; however, any provision of this
Agreement or its exhibits which impose upon the CITY, directly or indirectly, any financial
obligation whatsoever to be performed or which may be performed in any fiscal year subsequent
to the year of execution of this Agreement, is expressly made contingent upon and subject to funds
for such financial obligation be appropriated, budgeted and otherwise made available. A copy of
the Resolution of the City Council is attached hereto and incorporated herein as Exhibit D.
13.20 Approval of Board of Directors of EEF. EEF represents and warrants that all of
Page 138 of 186
(COE/MOA Premises Lease (2020)) Page 13 of 22
the terms of this Agreement have been reviewed and approved by the Board of Directors of EEF,
that an appropriate resolution has been adopted by the Board of Directors approving and
recommending this Agreement to the City Council, and that the person executing this Agreement
on behalf of EEF has full authority to do so. EEF represents that it is a legally constituted entity
with capacity to oversee this Agreement following its approval by the City Council. A copy of the
Resolution of the Board of Directors of EEF is attached hereto and incorporated herein as Exhibit
C .
ARTICLE XIV
MOA’S RENEWAL OPTION
14.1 Option to Renew. As additional consideration for the covenants of MOA hereunder,
CITY hereby grants unto MOA an option (the "Option") to extend the term of the Agreement for
three (3) additional terms of three (3) years (an "Option Term") each. Each Option shall apply to
all Museum Premises at the time the Option Term would commence, and shall be on the following
terms and conditions:
(a) Written notice of MOA's election to exercise an Option shall be given to CITY no later
than six (6) months prior to the expiration of the term ("MOA's Notice"). If MOA timely
exercises an Option, the Agreement shall be deemed extended with all of its terms.
(b) Unless CITY is timely notified by MOA in accordance with paragraph (a) above, it
shall be conclusively deemed that MOA does not desire to exercise the Option, and the
Agreement shall expire in accordance with its terms, at the end of the term.
(c) If MOA is in default of this Agreement at the time of notice hereunder, the option
may be exercised only with the written consent of the CITY.
(d) The Options granted hereunder shall be upon all of the terms and conditions contained
herein.
(e) After exercise of all of the Options above described, there shall be no further rights
on the part of MOA to extend the term of the Agreement.
ARTICLE XV
ARTWORK DISPLAY
15.1 Display of Artwork. The works of art, each of which is owned by MOA, shall be
displayed throughout the City Center pursuant to the Artwork Installation Plan described in Section
15.4 below. Works of art subsequently acquired by MOA and works of art prepared through MOA's
art education programs may be displayed in such areas of City Center from time to time. MOA
alone shall have the right to display works of art and exhibits in City Center in the locations
described as MOA artwork locations in the Artwork Installation Plan, and all decisions with respect
to the nature and propriety of any particular piece of art or any exhibit by MOA of any artwork
whatsoever is expressly granted, reserved to and held alone by MOA.
15.2 Movement of Artwork. With the consent of EEF, MOA shall be permitted to move
any permanent work of art from one designated point to any other designated point within the City
Center during the term of the Agreement. The cost of moving any such art within City Center shall
Page 139 of 186
(COE/MOA Premises Lease (2020)) Page 14 of 22
be paid by MOA, unless the request to move the art was made by the CITY or EEF in which event
the CITY or EEF shall pay the cost.
15.3 Sale of Artwork. MOA, in its sole and absolute discretion, shall be permitted to
sell any work of art which it owns and which is on display in the City Center other than those
designated as "Permanent Installations" on Exhibit B. Upon the removal of any such sold item,
MOA shall be responsible to pay for all costs of removal and any cost of restoration of the space
from which such artwork was removed.
15.4 Responsibility for Installed Artwork. MOA shall be responsible for, and pay the
expense of, maintenance, repair, replacement, insurance and extraordinary security for the artwork
installed at any time in City Center. Englewood shall be responsible for utilities, ground
maintenance and standard security for the artwork installed at any time in City Center.
ARTICLE XVI
CITY SUPPORT OF MOA
16.1 Annual Contribution by CITY. The CITY will pay to MOA the sum of $48,000
(Forty-eight thousand dollars) within 30 days of the date that this Agreement takes effect. The City
will pay to MOA $24,000 (Twenty-four thousand dollars) within 30 days one year subsequent to the
date that this Agreement takes effect. No further payment from the City to MOA will be made during
the term of this Agreement. The grant shall be utilized, in MOA’s discretion, solely for the
following purposes, set forth hereafter in particular order of priority:
(a) Support for MOA’s education programs and facilities.
(b) Assistance with special events provided within the CITY by MOA.
(c) Public Art Displays.
(d) Ongoing maintenance of artwork displayed in the City Center.
16.2 TABOR. The parties understand and acknowledge that this Agreement and the
CITY 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.
16.3 Failure of CITY to Make Annual Contribution. Should the CITY fail to make any
annual contribution as provided for in Section 16.l without first having terminated this Agreement,
MOA shall have the following remedies:
(a) Declare this Agreement terminated, AND Vacate the Museum Premises, OR
(b) Elect to keep this Agreement in effect by remaining a subtenant pursuant to the
terms hereof without payment of the amounts set forth in Section 16.1 and, notwithstanding
any provision to the contrary, have the right to remove any or all works of art without the
consent of CITY.
Page 140 of 186
(COE/MOA Premises Lease (2020)) Page 15 of 22
ARTICLE XVII
MOA OBLIGATIONS, PERFORMANCE, AND REPRESENTATIONS
17.1 MOA Operations. MOA will continue to operate, maintain and enhance a world
class museum and art education program at City Center. MOA will develop programming as
described in Article II that may include, but not be limited to, arts education-based exhibitions and
special events such as the nationwide Design and Build Competition; education-based gallery
exhibitions and special programs; concerts, workshops, and festivals in collaboration with
Englewood Arts, and other Colorado arts organizations; and temporary and permanent art
exhibitions and installations of approximately $1,000,000 in value. Notwithstanding the foregoing
description of operations, should any of these operations terminate at no fault of MOA, there shall
be no breach of this operations requirement, but, MOA shall thereafter use all reasonable efforts
to replace the terminated operation with a similar one. MOA shall continue to market all of its
programs and activities at City Center. MOA will develop a resident arts education discount
program for all residents of the City of Englewood, Colorado and shall continue to participate as a
community partner with the Englewood Cultural Arts Commission.
17.2 MOA Representations. MOA represent to the City as follows:
(a) MOA has been recognized for its efforts in both “Arts” and “Education”.
(b) The Governor of Colorado and the Colorado Council on the Arts honored MOA in
1993 with the Governor’s Award for Excellence in the Arts, Colorado’s highest arts honor.
(c) In 1993, MOA was presented with the Museum Educator of the Year award from
the Colorado Arts Association and has also been praised for art and education by all major
art and news publications in Colorado, including Westword’s “Best of Denver: Best Art
Classes for Kids” 1995.
(d) MOA produces special programming throughout the calendar year.
(e) MOA maintains an annual budget of $1,000,000 annually, which it shall maintain
so long as its gross income from all sources equals or exceeds its gross income for 2018
and should its gross income fall below the amount for 2018, the minimum budget shall
reduce only in proportion to the decrease in gross income.
(f) MOA shall spend at least $100,000 per year for its programming as described in
Section 17.1, and in collaboration with Englewood Arts and other resident Colorado arts
organizations, as well as CITY-sponsored special programs and events, and temporary and
permanent art installations. No later than November 30th of each year, MOA shall provide
a report to the CITY describing the programs provided and costs incurred during the
preceding year of this Agreement with respect to all programs provided at City Center.
ARTICLE XVIII
SHARED USE OF CULTURAL SPACE
18.1 Cooperation in Program Planning. The CITY and MOA agree to cooperate in
planning cultural programs and events for the Civic Center building and City Center Englewood.
Page 141 of 186
(COE/MOA Premises Lease (2020)) Page 16 of 22
ARTICLE XIX
TERMINATION
19.1 Termination. Both the CITY and MOA may terminate this Agreement with written
notice given no less than six (6) months prior to the requested date of termination for any reason,
including a failure on the part of the CITY to appropriate funds for the programming as set forth in
Article XVI of this Agreement. All terms and conditions shall remain in effect during the termination
period until MOA officially vacates the Museum Premises. MOA may choose to leave art work in
place, the CITY shall not be responsible for any maintenance or upkeep to any artwork left in place
by MOA, whether located inside City Center or in the outdoor public spaces. In the event that the
CITY requested that art work be removed by MOA, all expenses for moving the art work shall be
borne by MOA. Further, the CITY is under no obligation to pay for any expenses incurred by MOA
associated with the closure and vacation of the Museum Premises by MOA. MOA shall leave the
Museum Premises in good, clean and safe condition, ordinary wear and tear excepted.
[remainder of page intentionally left blank]
Page 142 of 186
(COE/MOA Premises Lease (2020)) Page 17 of 22
IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year first above
written.
CITY OF ENGLEWOOD
ATTEST: Linda Olson, Mayor
By:
City Clerk, Stephanie Carlile
ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC.
By:
Its:
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
The foregoing Governmental Agreement and Sublease was subscribed, acknowledged, and
affirmed or sworn to before me this day of , 2020, by
, as , of Englewood
Environmental Foundation, Inc.
WITNESS my hand and official seal.
Notary Public
(SEAL)
Address
My Commission Expires:
Page 143 of 186
(COE/MOA Premises Lease (2020)) Page 18 of 22
THE MUSEUM OF OUTDOOR ARTS
By:
Its:
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
The foregoing Governmental Agreement and Sublease was subscribed, acknowledged, and
affirmed or sworn to before me this day of , 2020, by
, as , of The Museum
of Outdoor Arts.
WITNESS my hand and official seal.
Notary Public
(SEAL)
Address
My Commission Expires:
Page 144 of 186
(COE/MOA Premises Lease (2020)) Page 19 of 22
EXHIBIT A
TO
GOVERNMENTAL AGREEMENT AND SUBLEASE
between
THE CITY OF ENGLEWOOD, COLORADO
ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC.
AND
THE MUSEUM OF OUTDOOR ARTS
*************************************************************************
Exempt Purposes of The Museum of Outdoor Arts
MOA’S 501(3)(c) STATUS
The Corporation is formed exclusively for charitable and educational purposes within the meaning
of Section 501(c)(3) of the Internal Revenue Code of 1954 as amended (the “Code”0, the principal purpose
of which shall include, but not be limited to, the stimulation, promotion and development of the interest of
the general public in every manner of art forms through the organization and operation of outdoor and indoor
museums, the holding and sponsorship of music concerts, art exhibitions and theatrical and dance
performances, all for cultural and educational purposes and to perform every act or acts necessary for,
incidental to or connected with the furtherance of its charitable and educational purposes and generally do
anything permitted of an organization exempt from Federal income taxation under Section 501(c)(3) of the
code.
Page 145 of 186
(COE/MOA Premises Lease (2020)) Page 20 of 22
EXHIBIT B
TO
GOVERNMENTAL AGREEMENT AND SUBLEASE
between
THE CITY OF ENGLEWOOD, COLORADO
ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC.
AND
THE MUSEUM OF OUTDOOR ARTS
**************************************************************************
Map of MOA Museum Premises
Page 146 of 186
(COE/MOA Premises Lease (2020)) Page 21 of 22
EXHIBIT C
TO
GOVERNMENTAL AGREEMENT AND SUBLEASE
between
THE CITY OF ENGLEWOOD, COLORADO
ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC.
AND
THE MUSEUM OF OUTDOOR ARTS
**************************************************************************
Resolution of the Board of Directors of Englewood Environmental Foundation, Inc.
Page 147 of 186
(COE/MOA Premises Lease (2020)) Page 22 of 22
EXHIBIT
D TO
GOVERNMENTAL AGREEMENT AND SUBLEASE
between
THE CITY OF ENGLEWOOD, COLORADO
ENGLEWOOD ENVIRONMENTAL FOUNDATION,
INC. AND
THE MUSEUM OF OUTDOOR ARTS
**************************************************************************
Resolution of the City Council of the City of Englewood, Colorado
Page 148 of 186
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Karen Montanez
DEPARTMENT: Community Development
DATE: April 6, 2020
SUBJECT: Professional Services Agreement with AEC-West
DESCRIPTION:
Professional Services Agreement with AEC-West
RECOMMENDATION:
Staff recommends City Council approve, by motion, Amendment #1 to the Professional Services
Agreement with AEC-West Code Consultants in an amount not to exceed $130,000.
PREVIOUS COUNCIL ACTION:
City Council approved Professional Services Agreement 19-33 in May 2019.
SUMMARY:
The Building Division utilizes a third party consultant to review large projects such as the
Synergy Medical Office Building, Corona Street Lofts, Downing Street Lofts, Santa Fe Storage
and large Swedish Hospital projects. Inspection services are utilized when City of Englewood
staff inspectors are on leave. Outside inspection services were utilized for only 3.3 percent of
the inspections performed for the calendar year 2019. Plan review services were utilized for
less than 1% of the building reviews performed for the calendar year 2019.
ANALYSIS:
The Building Division has utilized the professional services of AEC-West for several years. The
Division issued an RFP in 2019 per 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 PSA signed in May 2019 provided for three annual renewal options. The
Building Division is exercising the first of those three options with Amendment #1 to PSA/19-33.
FINANCIAL IMPLICATIONS:
Amendment #1 to the Professional Services Agreement, not to exceed $130,000, is for one
year. The $130,000 is included in the Community Development 2020 budget. The Building
Division anticipates an expenditure of approximately $110,000, with a $20,000 contingency for
unexpected projects and unanticipated or emergency staff leave needs.
ALTERNATIVES:
The Building Division could perform all plan review, with the exception of structural review, and
inspections, however, with our current staffing levels, this would create a backlog in services to
the community. In order for the Building Division to perform all plan review and all inspections,
Page 149 of 186
additional staffing of one combination inspector, one plan reviewer and one structural engineer
would be required to maintain current service levels. The estimated costs of the three additional
FTE positions would be $180,000 for the 2020 budget year. These FTE positions are not in the
Community Development Budget for 2020.
CONCLUSION:
The Building Division has found the utilization of a third party consultant to be the most practical
and cost efficient avenue in which to continue to provide quality and timely services to the
community. The Division recommends the approval of Amendment #1 to the Professional
Services Agreement with AEC-West Code Consultants for plan review and inspection services.
ATTACHMENTS:
Contract Approval Summary
Amendment #1 to PSA/19-33
Original 2019 PSA with AEC-West
Page 150 of 186
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: Karen Montanez Phone: 303-763-2355
Title: Chief Building Official Email:
kmontanez@englewoodco.gov
Vendor Contact Information
Vendor Name: AEC-West Code Consultants Vendor Contact: Gary Nickerson
Vendor Address: 4605 Quebec St. #B8 Vendor Phone: 303-377-6963 ext. 103
City: Denver Vendor Email: gary@aec-west.com
State: CO Zip Code: 80216
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: April 13, 2020 End Date: April 13, 2021 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:
Two one-year options to renew.
Payment terms (please
describe terms or attach
schedule if based on
deliverables):
Within 30 days
Attachments:
☒Copy of original Contract if this is an Amendment
☐Copies of related Contracts/Conveyances/Documents
Vendor will provide plan review and inspection services on an as needed basis based on the
terms as set forth in PSA19/33 Amendment #1.
Page 151 of 186
Contract Approval Summary
March 2019 Update
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):
AEC-West has extensive experience in hospital, assisted living facilities, office building and
multi-family projects in both plan review and inspection. They are available for inspections with
limited required lead time. AEC-West is very familiar with the City processes and procedures as
well as existing buildings and projects in the City. AEC-West’s fees are competitive with all the
vendors.
AEC-West Code Consultants – Optimal Source
8 staff members and 8 regular outside consultants serving 6 jurisdictions (including
Englewood)
Inspection requests are usually accepted same day. No minimum time charged for
inspections.
Hourly inspection fee is competitive (majority of inspections are residential at $90 per
hour)
Plan review fees based on percentage of the project are the lowest.
CAPITAL ONLY A B C 1 = A-B-C
Capital
Operating Year
Tyler / New World
Project # / Task#Fund Division Object Line Item Description Budget
Spent to
Date
Contract
Amount
Budget
Remaining
O 2020 2 801 54201 Professional Services 363,425.00$ 24,939.56$ 130,000.00$ 208,485.44$
-$ -$ -$ -$
-$ -$ -$
-$
Total by Fund - Current Year 363,425.00$ 24,939.56$ 130,000.00$ 208,485.44$
C -$ -$ -$ -$
O -$ -$ -$ -$
Total by Fund - Year Two -$ -$ -$ -$
Grand Total 363,425.00$ 24,939.56$ 130,000.00$ 208,485.44$
NOTES (if needed):
For Operating Expense Line Item Detail, please review information provided in OpenGov.
For Capital items, please review Attachment - Prior Month Project Status and Fund Balance Report
CAPITAL & OPERATING EXPENSE
Page 152 of 186
Contract Approval Summary
March 2019 Update
Page | 3
*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
Page 153 of 186
AMENDMENT #1
TO
THE PROFESSIONAL SERVICES AGREEMENT FOR SERVICES DATED t\/IAY 6.2019
BETWEEN AEC—\-VESTCODE CONSULTANTS
AND THE
CITY OF ENGLEWOOD
FOR PROFESSIONAL SERVICES IN THE AREA OF:COMPLIANT PLAN REVIEW AND
INSPECTION SERVICES
THIS AMENDMENT #1 to the Professional Services Agreement of May 6.2019.made
and entered into on this day ofMai‘ch.2020 by the City of Englewood hereinafter
refened to as “City“and AEC-West Code Consultants hereinafter referred to as "‘AEC“and
collectively referred to as the “Parties".
WHEREAS.on May 6.2019 the Parties entered into a Professional Services Agreement
(“PSA“)for the provision ol‘pro‘t‘essionalservices in the area ofcompliant plan review and
inspection services:
WHEREAS.during the past year AEC has assisted the City on the following projects:the
Synergy Medical Oftice Building.Corona Street Lofts.Downing Street Lofts.Santa Fe Storage,
Swedish Hospital,and as needed inspections throughout the year.:
WHEREAS,the City desires that AEC continue its collaboration with the City and its
Building Department for the purpose of rexviewingplans for new construction.inspection
services for new and existing construction and structural inspections:
WHEREAS.the Parties will continue to operate and abide by the terms and conditions of
PSA/19-33 entered into by the Parties on May 6.2019:and
WHEREAS,per the terms of PSA/19-33 the Agreement may be renewed by the Parties
for two additional one year periods.
NOW.THEREFORE,the City and AEC'agree to this Amendment #1 as follows:
I.SCOPE OF WORK
Schedule A —Outline of Statement ol‘Worl<.attached hereto.will encompass the
continued professional services in the area ofcompliant plan review and inspections and
working collaboratixtelywith the City's Building Division.
ll.COMPENSATION
Page 154 of 186
Compensation for the services described in the Schedule A —Outline of Statement oi’
Work,attached hereto.shall not exceed.$l30.000 dollars.as set Forth in the Payment
Schedule and Budget.
IN WITNESS WHEREOF.the City and AEC do hereby execute this Amendment
to the Pi'0fessional Services Agreement (PSA/19-33).and dated this April .3020.
CITY OF ENGLEWOOD
By:
Title:
Date:
AEC‘-WEST CODE ULTANTS
.e.M
Page 155 of 186
SCHEDULE A
OUTLINE OF STATEMENT OF WORK
GENERAL
Statement of Work for Professional Services Agreement between the City of Englewood,
Community Development Department (City)and AEC-West Consultants,Inc.(Consultant),
effective immediately upon execution by the parties and will continue one year from date of
Professional Services Agreement,with two annual renewal options.
NAMES,PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS
Community Development:Karen Montanez,Chief Building Official
303.762.2355
kmontanez@englewoodco.gov
AEC-West Consultants,lnc.:Gary Nickerson,Principal
303.377-6963 x103
gary@AEC-West.com
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.
EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
City shall provide Consultant with a list of requested inspections and supporting documents.
OTHER CONSULTANT RESOURCES
No additional consultants shall be engaged without prior written approval by the City.
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.
1000 Englewood Parkway,Englewood,Colorado 80110-2373
(303)762-2300 www.eng|ewoodco.gov
Page 156 of 186
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.
Consultant will provide written reports of code deficiencies,
architectural/accessibility,mechanical,plumbing,electrical,and structural.
including
Consultant will review all schematics,design development,and permits as requested.
Consultant will attend any Building Division and design team meetings as requested.
Consultant will provide resolution of deficiencies and verification of permit documents.
.Consultant will provide a 2 to 3 week turnaround on most projects.
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.
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.
The Professional Services Agreement for services rendered will not exceed One Hundred
Thirty Thousand Dollars ($130,000.00).
MODE OF PAYMENT
Payment will be made to Consultant in the form of a check.
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.
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.
1000 Englewood Parkway,Englewood,Colorado 80110-2373
(303)762-2300 wvvw.englewoodco.gov
Ix.)
Page 157 of 186
Service or Fee Type
Commercial Plan Review 65-75%of City Plan Review Fee
Minimum Charge $500
75%up to $10 million
70%for $10.1 million up to $15 million
65%for $15.1 million up to $30 million
Negotiated above $30 million
Residential Plan Review 75%of City Plan Review Fee
Commercial Project Support Included in Plan Review Fees
(Plan Review and Inspections)NA %of Building/Trade Permit Fees
(hourly as needed)
Structural Engineering Plan Review Included in Plan Review Fees
Review of Plan Resubmittals Included in Plan Review Fees
Review of Plan Changes to Approved $130/hr;prior approval from both parties after an
Plans estimate is given to Englewood Building Official;
0.1 hr increments
Inspections -On Call/As Needed $’20/hr Commercial
$90/hr Residential
After Hours/Emergency Inspections $’20.00/hr Commercial
$90/hr Residential
Re-Inspection Services $’20.00/hr Commercial
$90/hr Residential
Rates Charged for Travel Time and/or $‘20/hr Commercial
Mileage $90/hr Residential
IRS Mileage Rate
Time tracked will not include travel time.Consu tant time starts when we arrive on-site.
10.SCHEDULE AND PERFORMANCE MILESTONES
Consultant will provide services as requested by the City in accordance with the time frames
and deliverables listed below:
1000 Englewood Parkway,Englewood,Colorado 80110-2373
(303)762-2300 wvvw.englewoodco.gov
Page 158 of 186
Deliverables
INSPECTION Perform inspections called in by 4:00 pm the next business day
SERVICES
PLAN REVIEW Provide comments within the following timeframes:
TURNAROUND Pro'ect Tyge:First Comments Second CommentsTIMES3l0Q_I9'f3I_TlIIY‘_’VIt_hIn 7 business days 5 business days or lessMUIt"f3m'IYWllhl“10 business days 10 business days or less
Sma”C°mm9"CI_3IWI_IhI_“10 business days 10 business days or lessLargeCommerclalWlthm15businessdays10businessdaysorless
REPORTING
SERVICES
11.ACCEPTANCE AND TESTING PROCEDURES
N/A
12.LOCATION OF WORK FACILITIES
Substantially all work will be conducted by Consultant at its regular office located at 4605
Quebec Street,Unit B8,Denver,Colorado 80216.
IN WITNESS WHEREOF,pursuant and in accordance with the Professional Services Agreement
between the parties hereto dated ,2020,the parties have executed this Statement
of Work as of this day of ,2020.
CITY OF ENGLEWOOD,COLORADO
By:
(Signature)
(Print Name)
Title:City Manager
Date:
AEC-WEST CONSULTANTS,INC.
1000 Englewood Parkway,Englewood,Colorado 80110-2373
(303)762-2300 wvvw.eng|ewoodco.gov
Page 159 of 186
(Signature)
Garv J Nickerson
(Print Name)
Title:Principal
Date:2/28/2020
1000 Englewood Parkway,Englewood,Colorado 80110-2373
(303)762-2300 www.eng|ewoodco.gov
Page 160 of 186
e?
m:—<<Ob_n_
vxo_..mmm_oz>_.mmmsomm>oxmm_smz..
02:322:32um»:98
En:mo<_2<man_:w_...mn2o:mm_.<_nmm«$38:3.89323
._.:_u~o_"mmm_o=m_mm2_omw>u_.mm3m=»2.5..>m_.mm3m:3_mamnmmm 2 SW nm<2no.ea..mmm&<mUm.mJ_u<magcmgmms>mo-<<mm.o2§__.mam _:n.m oo_oBqa
02.8.o:qooamc6:3.m_.a._.=m05.2m:u_mEooa_oo_o_.mao.m3E..§_um_oo?oagoa oamauma::Qm1_..m_m2m33m9%20o_o.mno“.053.
Q2n_mm...mmEm"oo.§._.ma.3:.._.3m8aam.u_.o<amnmamiooamcaammm_.<.nmm.m<m.m3m_3mm_.m=.o:mm2_omm.am.»8.._<m..m_o=mminmm.._.m_=.:nmmasnmm.m:&o_._.m_m.mamm_.<_ommmmnmmozama:m_.mS.manooamczma.amm__.mw8_um_+o:=men:mmiommo:3.3:om0.2on Sm .m:.:mmanooznaozmmm.3:::m_.m_:.
_:nozmamqmmoz25m..o_.muo_:uman.Sm.m_.3m:m_.m_:mnmamm"3::mano5m_.moonman<m_:mu_m
uo:m_amB=o:_Em_.mom_Emanm:3n_m:n<2sin:Ed.533.mnxaoémummq.Sm umamm:m_.m.o.m:.m:n_:m8am_mmm__<coca?mu_.mmmm8__o<<m“._.Umzanoam.._.:m.m:.:mmm,8::3.02mam:cmammamnmm.o__o£m”
E..__...m__mnEm__u_.oum:<m_u_.:m.
m:m__Emmam:<manm__A3S:m,m<m_.:m3mo_.
.m=_...302:2nmw6=m.m&.m=n__u_mman.:.m:u_c_mman:92.392...2_._m.mmnm_.mamazn
3_._m_.=mmmmoo_m.mSE.Soqxm2m:5o«m:_u
Sacnso?Smc:_<mBm.=._o_:&:mas:2
_§_§8mou?mam.Boa.3%.man.Bmmx.
20:8..3:.mnm3m_.xman5%:m3m3:...mam.3__m..3:3.A35%mmonm»_._u_._~m_3
u?mam.ammaam.m_uo_.=:_.=mmano=._m_.
anemia.u_.oum:<_._m:.m_A8m__232.
_:.m=moEm_man=a:m3m_u_.oumn<_._m_.:m3."
m<m_.<:3man_._mE_.mSqocmsoc.3m_.._._.<mRm
man:oim<m.amma:m.m&95.3.3.88..._.m:.m_.._.6_.:mman.5338_.m:.E:m_.mmo:V_
<§m=._m_.m_._m__._m3.oumnmzos2_mS.oo:._.mo».
_.om:mm.o_,o5m2s.mm.EaEVm__~mm_m=.m._o:m_
.:_zm_muu=om»_o:m._.m:m<<m_m.m5m:m_o:m.
noazacmzoam.a.<_mmo:mo_.ammmmcmmsmamo.sci
9._..m_.mmamn5monom::n_E..=:mm3._.6:.m.3M3<
23mmoammomauv.
AS..<<o_.x.u_.o...=.§..m:m__3mm:m=
um~m:.m_u?mam_...u__nm:o:m._:<m::o:m.ammaam.3%..Sena.Eonmmmmm.
3m=6no_om_mm_oou<_._u:.mmanoo_u<_._o3m_u_m
Soaxm.5%mmnqmrn..:n_c&:u 8:333.=:o_._.=m._o:.nm?.nmm?am.=._m:cm_m_amine
Bmnmnm?munaon:_.:m:.mzo:.8:::_mm_
xzoémunm2amacmmoziamEonmmmwm.
Bm?oqm.32...».m:m:o_m_manmooocsaamman.
225%man22.5 mumamnmzoammanm__
2:2_:.m__moEm_.u_.oum:<Emzm nwmmnm?qm<m_oumn_o_.2253...nonzamamn...5n=o_.
am_.<m_.mac<oo:m:=m:».Enema 3 5m
n3.0:o2:mmm_.<_nmm.
n.mumnmamz?on<<o_.x.U:_._:m3m 8::
35%manmagma8Sm nmnsmmannoaaaoam
no_.=m_:mn_:m_.m__._.ooamczmamm_.mmm3
u_.o<Em.o:m:mm 89.3.3 cum?=._m
no:m:=_:ummiomm.m<m_mam_:.mu_.m=o:
mmnsomm.am.»no_._<m?_o:mmiomm....m_:_:u
mm_.<_nmm.man_.m_m»mq mminmmE._m..wm.$ommJ
mm31:9nmmnmumq =..wo:mac_m >3.6_.m.mnm_.:m:.o_,<<o:3 R:Q?man3 mcoa
ma%_o:m_wnm?mama?2 <<2x mm 33.am
Boomaniiooa1m_..2<m<.m:o_m$.ooq.00.0338.3.88
3083~.~m8
0_...<on
vxoncnmzmzi _<_m OZ
Page 161 of 186
mxmn?mn_u<mun:2Emum?mm_..m..m83.0:.
Ezm8manu..=m...m:.8En>u5w3m:..mmn:
m.m.m=..m:~ca<<o..xmam:mumn?.Ewmnouoo.
so}.m...mo=..om=o:m.Emma2no.....um_..mm._o:
manum<3m:»mn:ma:_m.mmaamnmn_m:mEcm
.55ancix.883u.m.mmun:m?mams.R
<<o}__:o_..a...uEmmm..3m$am.m:>.=.._m_.
.._m8m_manoEm_...¢_m<m_.=_.=o..am:o:man.m_..m__
...oo€o_.m.mm._.m_.3m2...8.a...o...m8am_:ma
.3EW>m..om:.m..:
u.umlouamzoo2mm2_nom.
E_um.+o..:.m:nm.oo:m.._.m:.m:m__
umaoz...Emmm2.nmmamnmmmma.8no3u_m.mm__
n_.o..mo»mo§_.:mn.5mm?mams.2<<o..xEm
..3m_<manu..o»mmm.o:m_3m.....m..oo:m_m.m:.€_E
Emm_umn=..nm..o:m.2m...<.mo.3:...EEm
m.m.m3m=.om<<o.x.man.3mnooamzom.2.E
...a:m...<m?zamam.oo..m...§..muammm8
mxm..o_mmEm363mm.3932n..oammm_o:m__m=..
man8Seam.8mxumammmann6mz<m~m_m..:m
Eno:.u_m...._nEm_u..o_.mn.mo:=_:maEm
m.m.m....m....222...
EUm_m<m.oosmcsmammamm3
:25.Q2u..o3_u=<9.m...<«mono...onocnmanm.
o..m<m....83.83amm=m...._o...Em.:.m<mama.
oo:m:=m:».mmu==<83mm"Em..mnc_..m=.m:~mom
Em>u..mm..:m:..o1:m:m...6_<8onomm_o:m...<
=.m3...m_3.3.Sno....u_m..o:3Emu8..mn.mno:.m.....u_m.ma.3.EW>u..mm3m3o..m_..<
w.m.m...m....2<<o:omcnz...o..nmw:m_.umu.<m..
.2Enm<m....2m3._ommo....ommm.u:=.m....2_6<
m3u_o<mwm.Eqmmn3mixm.o..33.0..mnciama.
«m__.....m.._._=.m_wmxu..mmm_<3%REmmmmmanm
§Eamumo.8$2.ma...m<m28:...ma...
u..o<_m_o:2EW>o_.mm3m..=.
3U_wo..mum:n_mm.=m:<E_:m
...mnmmmmJ.3..Enn_mm.....:am..m»m...n=...u2Em
wm2_ommsumammaoaimn3.3Em>m_.mm....w.:
mumoaomzoam2=mu_umm..mEm.<m...o:m
.:m=.cQ.o:mm..mEoosaor0o:mc=m..:m:m__
mmnca§.§m:._..m5.n_o:m20....O=<.mu6._mo.
a=mn.o«_um8..mu..onmmq.:n§EEm
_um..8...:m:nm2Emmm2_ommmmmamn3man:
o:._mm_o.._mo..n=mn~mum:n.mm.
P_:<o.oom2....um<:.2:.cammm
oEm:2.mm.=2.%...3mm?mamz.on<<o..x.
03.man:3..Emm_...o...:$munmmu8.2 m
m.m.m3a...2<<o§..<.E...E....<89 35
3__o§:uEmmnnmv.m...omE.03.onEm 50%
om__mq3......mm.m.m3m.=om<<o..x3.0.2.
>o8Em:$Eonma:..mmm:m__cmoc._....maE Em
m?mamao..<<o_.x.=05.q.m_uSmmm__o..m..<
_..o..=o_..o.m....:<o.om3..9.553.Em:0.2
m...m__um<Em_§_.m..=.2.uoaoaREm .:<o_om
E.Em...:m35manm_..m__u..o<.amEm8__o..<.:u
...o.3nm=o:<<.EEwumn.3Em n_m_uSmauo:..o....
caEm.:<o_nm.O3.m:m__.§....oo...m:=m:.mm
moo:mmuowm._monEm mumoaomaoca
....m_.......m...m..au:m__n3<.n.m..mmmo:ma_m2%..mm
8Em3%3..Ema?u?m..25 umammms»:
Em:mnmaun8..mmo_<mEm...%...m...§..2.2
m:o_......<o.8mmmoo:mm uomm=u_m.Cue:
..mmo_...=o:2Ema?u?mnuoaos.0.2 m_..m__
«.3.8Oo=m:=m:.Em..mmo_<mnm_...oc..:.
m.._.mxmm.0.2_m :2 magma8
.mxm=o:.zoqmamB_o..oEm..Exam 3.3.3
_:x:..<.qmswuoamzoa.3.3..39.mg:3
.=o_:n_ma.3nconm...uzomm.0.2 m:m__ac»um
o_u=um6q3umv.o....m_:._uEmm oo...mc=m....3..
m3.nmxmmm§uSmc_m8 Em mm_momm...<
mm..<.ommSEO...m..m.3_uomm..o:o..=..mmuc..mq
E.:m.o..maommEnoam.8.9.3..am.so..E.
a.m:o_...mm.E.<._mmm.m:<oEm—Exam.9.
mmmmmmamam.:2m:<2 Em E..mmo_..m
_.....32.oncaum<m_u_mE.oo:m...:m.....cue:
Sana...:oE._nm..o_..E.0.2 m..amccmmncma
<m..=..om..o:3oo:m:_.m.....oo...mc_8_...m_..m__
..m_..:_u..=mmo..22....mmmuu_.om_u_m.05.E m
=3m_<=.m..:m..8..ma.man m__Exam
m....o:mocm_<um...305..0.2 mam:n3<EmooamczmaS.E.mano2.m....ma m_..m__mnomun....
moon..m_E_..mwm_m.a._.mn.3...o..oEm..mxmauzoaomnsnm?m.mmmuu=nmu_m.
m.0.:onvonxw.mxumammm.oo:m:=m.=
m_..m__on3.39.32.o....<3..mxumammm..<:_o:
m..mmx_u..mmm_<u..o<EmaBa.2 m wnm?ama»2
<<o..xo..<E.o:_.m<mumm:muu..o<ma.2 ma<m_._om
SSizeS.0.2.u3<_ama oo...w:=m:.Emu
23.2.2.man...aoocamamzoa8..m...Ec...~ma
mxumammmmm0.233..ommo=mw_<..mn...mmn
88m=n_ms.oon..._n...£3..m...n_u.2oon.oo_o..mnomo..o.~Su
?ow.«$.88§2£.m:m_mSooaoo.nw<
Mg.Page 162 of 186
Page 163 of 186
us?omm:m_:umuu8u=.2mn_:cn_um8a.man
2:m_§mm33¢m<m__m:_m_:moooamanm5::
8m_...__mm._.muc_28:m.man_.wmo_2_o:m205.
manmuu__om:_m_m<<.cue:.:m8=:_.m8
m_uu_.o_u_._m8man:33%.=.__m>m_.mm3m2m:m__
umammamn8_._.=__..m8n.
3wmE_.:2_u..oum_.€.cue:
8:.:=.m._o:22:8>u3m3m2.:2:umamw
mnqmm8_.2:_.:8En2:m_.m__u3um_..<
A_:o_E=:nm:<oo:mn_m2_m__:8_.328:.mm
nmmzma.3mmqzoa4.:25m2:m_.um:<2:2.2
33:m<m3smuommom?o:o..oo:=o_.
P0.2O:__u2_o:m.03.2:.u3<_.am
=_.:m_<mnommm80.3_um_.mo::m_.m<m83mman
.:8_._.=2_o:_.mnc_$a8..oozmcsma8um_.8_.3
.8o:_.m2_o:m:m..mc:am«.0.2m:m__u_.o<Ea8
Oo:m:_.m2.mm3u_o<mmmum_.8_._...__:u.8
o:__u2_o:m:m:..Eam_.2Q5Emawmm.
€=:o:.o:m6m.m_.mmmo:m_u_mson:
m:<_3:3m2__._oo3u__m:omis:m__muu__om:_m
_ms.mman_.mmc_mmo_._m._:o_cn_:moaommumnm_
832:3.8_mu:o:mmo2_om.manBuqoqcnmoz.
oo3u:8_..8om_3__m.mm2m8...m_man2:m_.
:mommmm_.<mnciama.m:uu__mm_manmm2_omm.
<§:nmwnmn.8m__38um_.€:m_d<<m_.mo_.
monim?o_um_.m8n:<o_.o:_...m:m=203..O5.
m:m__.2noaxumamm8oosmczma.o:8_:m__
no:mm2m___om:mmmmanmcgnmammm:mnmmmm_.<
8.ooamczma83.8::Eam1:mm883m2m
2<<o_.xmanm:m___um<m3.«mom2.2:9.oomnm
mmmon_m8a5::o:.m_:_:mman:nosmma?.
__nm_..mwmmanmc:__nm:mmm.
3.man.ooanamaWm:__am_um:nm2
oo:m:=m_._.man:m=:m«oo_._m:=m_.::o_.
oo:m_.__.m3_mm?m_m.2.m:m__umammama8am
m3u_o<mq:<0.2.0.3._m:m8:<oo2_.m2_:u
5::oo:m:_828“.:mmm_.<_8mammnnumq5m
w?nmioan2<<2xman.Oo:m:_.m:»_.mmm20m
.:m3:.8nmnmaaamEm:._m=..oa__.:m_.._..m_.man
Smmsm35:8:Emmmqsnam.2...cm
um..8_.ama.._.:mmm_.<.nmmm:m__am8333:<
Oo:m:_8_.=2oo:m:_8_.=.m2mm.man05.m:m__
:2cm_.mn_.___.mn_8:=.m.m:um_.<.mmQ.“.3.m_..<
mww_m82m8:o__u0o_..mc_82um_.8_._.:Sm
m2<_8mE32.2:?>u..mm3m_.=.mxom_28Em
9.8:.":20o:mc=m2_m22:3:2um
uo:o_.3mn_o:o_.2::o=<.mnoausmaon92.”
maniamonima.m__=.m8:m_m 53 3
_u8<E_:u.:mmm_.<_nmmm:m__umu8<EmaE.
oo:m:=m2.
.2.oo:mam:=m__:8:=2_o:.
Am.o:__a2_o:m.mun:um:<:m_.m8
3m<68.52.03Em2:233._:8_.3m._o:
Ezn:3.238.:m2:2.um_.€.m::m_:mwm_
_.mmmm8:.am<m_ou3m2.5%mmn_.2m o_.
ucmimmmmnmwmA..oo_._mam:..m__:8=.:m:o:.v.
magma82:»Eo<_m_o:mmanmxnmunozmm2
8::_:.:mno_o_.maoCum:xwooau>2.omm
mm2_o:~3~.~S2.mmp:mmo:.83.m:m__
u_.2mo.m=oo_.=.am2_m__:8_.32_o:2 3m 2:m_.
B3.2::am«mamammam2om_.mmm.2 cmmm
8m<oEc:m:.:o:~macum.&mo_omE.m.
u:_...=om.8:9.a_mmm3_:2_o:2 =m OE:
no::nm:=m_38:32.0:2mm_3__m_.:mE_.m.:2__..:oo<m3_mmmEm:m..mmmo:m:_m39$2
om_.m.<<=:o2_.3=_:nEmmm_._m_.m_=<2 .:m
8_.mmo__._u_mmo:um:<:m«m8mnaom:2 8
.=mn_ommo_.um..3=2:.2:2.um_.mo:o_.223‘
mnommm8.:m2:m_.um:<.m0o:mam:=m_
_:8_.3m=o_._mxnmu.man:a_mn_om_.__.oo_.mnomwm
w:m__an3352.8mam3u_o<mm.mama.
$n_.mmm:.2_<mo_.Samuwsaoano:m:=m_...2
man:um:<:...?5:.:mmonmmm8So mmam .3
2.82.8umnoasEmo_.:m_.m3u_o<am....o_.
mm_.<_omm.mmo:_um_..<m:m__.:mE.m 82 Sm:
m3u_o<mwm.mumam.8u«mmm=8z<om.man
_:amum=am2no:m_._=m2mm_.mmagma omEm
no_.=.a_m2_m_:mE_.m2»:m oo:..am2_m_
_:8_.32_o:manm_.mv_.mn_..amn.33 85.6 m:<
3.0:u_.o:§8a:_.am_.in mango:._._.
_u:_..:m:mun:.umn<mnaom:2 8 28..o_.
_.m3o<mm3.am2=._o2_o:.oo3._.6:»2 2:2
u_.o_u:2mQ...n:.m32.82:8:_:n_nm.mmSo
o§._m.m:_u2m:<um:2man:oo_._mam:am_
_:8..3m._o:3Eu2:9.um:<.>um:<:m_.m.o
w:m__53.5.68.33m&2m_<:25 Em 2:m_.
um:<8§.=.:m2m__o__.n:3m8_..nmm
m:_...o::a_:um:<uommmmm8:_cmmo_.x_..os_mamw
2oo:aam2_m__:8_.a2_o:2m:<.328:o_.:<
m:<um_.mo:o..m2=<2:3 Em:80mm
m2:o:noa3..:_m >m_.wm=_m2.
zo:§:m8:a_:uSm8_.mno_:m.:2:_:n .3 .:_m
>m_.mm:_m:.m:m__.332m=:m_.um_..<5::
88m:u_o$oonvm:2B<_mam?soon.oo_oBno8..8.~..:u
88..a~.~w8s2sz.m.B_msoonB.no<Page 164 of 186
qmmumo.3E3=:m=o:9.$8am:=om_o_.
m_3__mq8E3noamsmuEEmoo:..am:=m.
_:_.o_.3m=o:aEmoEm_._um:<assin:3Em.nm:<=.m_..5___<uommmmmma386.._.mmm.<mnmam:_:3_.am=o:3.3Em2:2mmm<Em:om..._
5imam:mogamaa.HEVmcummncmaa.umnoamm._E_...__o_<m<m=m_u_mE35:so35.2
En.3::3_mmccmma:m==<33_m_._mq
_._.u:3.___<EEma3.23mEaum_..<§EoS
_.mmEo._o.._mo...cmmo_.a_mo_omEm"2§_m
_.mnc__.oa.0am2.3.835_mi.u_.o<Emn_Em"
Ema_mn_om_:u33.§__mxmawmammozmzmmaonm8.53EmoEm_.um:<323n=mm_om.=m.
A5x:oS.:oE.moaEmm<o_nm_._omamac...:mEm_.03:9.ooamczmam=m__cm
Em<m:.mn3.03amazecum2_EoS._..osman
uaaoimm_mm..:mn_9.mxumnmanmumsmm2m:o:.u_.ou_._m.m.<man:o:-oo..=Em:=m_smeam.
Emm=.m...=mm.mmn:caEmumamm:m_.m.omnammEm"EEm:oaoma.m3_u_o<mmm
o_.m:<o:moEmE_:umnommm8Emoo3.am:=m_
_:_wo_.3m=o=2EmoEm_._...mn<asE_.o:m:9.
E52.Ema.Emmormmm3.u_.o<_m§..3Enmmono:2.Em_..o=-_u8mn_.__=mumn<m:m__um
m:E_mn8msmnno_.__...Emman_.mum<ama2m__
u§.=m.ooaumammzoa.oo33_mm_o:m_
_.m=E:m_.m=.o_..mmamcmzma?<<_.:n_._Emc_.mmn:_:num:<.=mo3om_.mo_.m_.=u_o<mmm
a__.mn=<9._:m=mQ_<..mm__~mo_.3m<_.mm__~mmmm_.mm:=2o_.n_.oS_=mon.ono_.Eooaamnzos
SEm:<man:Emma...Emango:8.man:3E_._.:=m._o:aEm§mnoEu_EEmm<m=.9.m3.Emma:2E_mmmozoa3.Emumammmu_.mm
Em.Em:o_._-u_.mmn:Euum:<§__ms4m_.
__._.mumBw_mEma:manEm.Em§m_macs:om
:§._m.ma.amammmm3..m3.mam:.aE<8Em
_._o:-_..._.mmn:_8um_..<m_._m_:uEmam<_o_m._o_..3
E_mmm2_o:3Sosaum__.=_uommE_m8
om_m:_m.mman<<o:_uEm~m+o_.mumm:_=mamn:m_m_.m=._ma<m..92.>noo_dEu_<.Emumammmn_.mmEm»Em:o:-u_.mmn_.._:uum:<m:m__cmm:E_ma8.m_....uo_.m.<manumzsmama
E_.::nm<mB__&mum__..m~Em_u3mo:=._mum:<..3
o3nm_mo_.m:i_o<mmmmanman:oEm«_._m:.m
man633.38Sam:Em_..o:._u_.mmo_.___._num:<
=._m<umm_._E_ma8mn_ms..2mac?9.::am..E_m
>mBmama3..m:<<_o_m._o:2En mmnmoz2._.:mu8<.m.o:momEammaa:3 m=m__m:_.<_.<m
EmmxE_.m=o:o_..m3_Emao:caE_m >n_.mm3m:.
3..m_._<_.mmwo:.
.3...vuobmnnEmsmnm?.mmn:um:<mam:mmmaamnmcam2amm3u_o<mmm8 am am_u_.o_.mo._<_m:mum_.czqmnmmn:mnmnmamaom
S6}..220mam:maEaEm.um:<on m__amnma::n_m_.Emmnmnmama2<<oE.mmo:um:<mam:
:25EmoEm1:§.=Em22%amu_mmm3m_...2
m_u_.o_mn..<_m=mum_..._.:m_u_.o_mo»_<_m:mum_.mEammn:mmumama3<<o_.xm:m___..._mm.mmcam:mm
m.Em?o:m_.mn:mw»m8amsmsEm m~mEmomEmm?mama2<<oE.
3.<<m:.m_._=mu.
Am.>=Eo_.=<.oo.§__aa qmuqmmmammansmamamEm..3oo=m:=m3 EmuEm E:mo_.uo_.m.m22....uosmnmanm:Eo_._.Q3 m:.m..
E8E_m>u«mm3m=.man83.3%Em morn.~mnc__.mq2=:m_.mEam_:.B.Em mxmmczos9.
E_m>n.mm3m..=u<ooamczma.mamEm
um:.o..3m:om3.oozmcsmaa5 oc=um..o:mmamczmm=m_.mc:n_m_..no:2 mans___:2<_o_m,mm:<mm..mm3ma8<<_.__n:Ooamczma_mm
.53.onS.<E_n_..=_moEm=immco:_._a::n_m_.
m_._<mu_u=omu_m.92._.:_m2_.mm:_mE...HEVism:
mxmn?mnman%_zm§_u<ooamcsma.E_m
>m_.mm:_m_.=<<___moamasmEm_mnm_.<m_E man
a__a_82._am_§2man:um_..<.m:3_.ommw_m
mumim.mam:_um:<Emnmcamaom5::=m
8.4:!man3ooamczma.mmxaoimammmEm.
O3.Smxmmnoamunmmmznmzoam.<<m:m..=_mmo_.
mm_.mm3m:.m_.m_m_ma8Emm:E.mn~amnmq
_._m_.momEm,m_.mso.mxu..mmm_<u_.o<EmaEa E
E_m>m_.mm3ma
ASwm_.<_nm<<m_._.m_=<.oosmczma.
<<m:.m:.mEm..8m_.=u_o<mmmmannoamczmam
m:m__:m<mm:3n_m:.mx_=._3o<<_mmnm.man
=.mEEm8um_+o_.Bmm2_nmmmamEm.Em
mm_.<_ommmam:cm3.333Em_u§mmm_o:m_manSo_._§m_.._Em3m::m«.
.0._um_.uo::m_.C:_mmm m wuon?n
3:322m=.u_o<mmm_mmm.3::E Em
m.m_m3m=.R<<o:nooamcsma.smamam=5::
88mzamioca_um:2<m<.msuisoou.oo_oEn_omo.8.8a
88.um~.~m8E
Page 165 of 186
TH’?
n~I'|'s——[.41f{:..t‘§
u8<_n_mm:3n_m:»m_.=u_o<mmm8no3_u_mamSm
mm2_ommoamama2:2:Emmu_u_.om_u_mmam
$33mm.mu=m:muuc_.m.._m=.8im>9mm3m:.
9.mmmm”3::.25mm?mama.2<<o§.
Uczam=._mooc_.mmo?umnoasmsomamm2=umm_
0.23m<.3..m:<o_.noqmmmoa._.mn_:mm~
..mu_mom3m23mam3u_o<mmo_.mEouomma
m_.=u_o<mm._:man:m<m:..oo=m:_aam:m__.
5:2:m<mA3seizeam<mQ«mom?.2man:
_.mn:mm»3.303..Eosnmmmcummgm
m_.:u_o<mm2m§4._n_mamx.xaoimanm.man
=m__...:m83.3::Smm_uu__nmEmmminmm.
oo:m:_.mam_..m__qmn5_.mm3c_o<mmmu8<a_:u
mminmmm.m0.233.2.8moan:<39
munSum05mmoE=<manmmqmé_.mm:_mmo:m
manuo__n_mm.
E.noaumzmmzoamanmmamz?.
oo:m:=mam:m__v_.o<am3..man“.33m
ooaumzmmzoz9.m3u_o<mmmmanms»:_um<m__
rmxmm.no:=.=uS_o:m.manumamn?Amen:mm._...S
:2_=:=ma8.s6_.xm_.m_ooaumzmmzozumzmamv
<<_.__n:m:m3u_o<m_.mm_.mn:__.mn_8um<_.m_m=:m
85mm3n_o<3m:.2m3u_o<mmm.03.mg::2
am__mu_m8o2.m=_a2o_.8mim=_u_o<mm.2
oo:m_._=ma.mqm=Em3um:.o_.3mm
ooaumammzoa.umammr2Exo_u=um._o:m.
oo:m:_.m=.man:.3333.qmaaaman_.6_._
03.:m_.3_mmm:63manmmmimnm__man:.mxmm.
ooaiaczoammanumamamman5.:no3u_<<25
mmmonmnmamo<m33mam__.mm:_m=o:m.
_:n_:a_:uSmw_=:m2m__:mommmm_.<amvonmman
_.mE_.:m
3._.Em=.:§n»=o=.
Am.oo=m:=m:._:nm3:5nm=o:.
oo:mc=m:_m:m___=%3:3..gm?amag32..
:m_.=,__mmm05...3a__.mo8B_oanmqw
m3u_o<mmm.manmmma?manEmsmwm.
mxmo:»oqm_mcnnmwmo?.manumzanmamwm_n:w
am=<25mEqmmoim93¢.03_:am=5_»mmm..V
:63manwoman.m=_ommmm.o_m_3m.o_u__um=o_._m.
amamaam.mmmmmmamammammmagvmamamm
?<:m=..m_.Q<=o_.o_..3_:mc.__mE_._=mm.mxumammmmannom?:=n_cn=:n_.mmmo:mEmEmuman
n_mc:_.mm3m:.m2_mmm_oo:.._mm_man
.mmoo.:am:E.was.man2:2_um_.mo:m_
_..._:_._mm.amammm8B.._m_u_mu..oum:<_man
o=.m_.qmammmw2Ed.:2.o_.:mE_.m.mcamamq
o_.EocnmnEm0.2__ama:=mm%.mo._<o_.
=.a=mn=<mnmin=2:2._.m_m~ma5 3 m3.
:mm__mm:.2m:»m:._o=m_mao_.o3_mm_o:E.
ooamczmaom=m«mu_.mmm3m=<mm5 Em
um_+o_.3m=omSoo=m:_.ma.moc=mm=o=m:_.am_.
in>m_.mm3m=..23mi3m.m2m_Emma:._._m
.mu_.mmmamzo:.sm_._.m3<_8<m:m3 2
ou=um:o:2oo:mc=m:.ooamima 5 Em
>m_.mm3m3.
AS=.5..:m2:m:».Ooamczmsn §__
._a...aa2.amaa.man:oE0.2 zmaammm:63
m__=n_m3=w._mu_mrommmmm_._m_:n3.03 m3.=._&
um...<n_m§m:5.ma.<<2x _u3e§o_.
3m=.oao_ou<m:uu=ma3.0o=m:=ma _:3=umw
9.3_mmE._.ou_._m.mmm_..<_:.m__moEm__u..o_um:<
_._m:.m29:.E3umn?u_.o<Ema.:osm<m_..
Em.5mqoqmuoim=am3:3nm._o:o_u__mm=o:
gm::3mun?8m_._<m__mmma_:3.:mm3m:"oq
3_mmu_2oE_m._o:commaon”3 :mm 3 3m
<<o}_u§_.§_:ooazammozEs:_u§_.§m o_.
wm2_omm:8_.._.o<Emn3oo:m:=m:»8 2.5
9%....5».man:_:=._anm3m:.2
ammmuuqounmzozSosa:m<mumm:2°58 =
man:o.:m_.Eoacam2mm_.<.omm:3 so._umm:
cmmnn3m:<=_o%._8,_o=o_.mazmzomama8
3m<<o}_u§_.§BmnmE 03.o_.m:<o:m
o.:m_.Em:oo:m_._=m3o1.mm:c-oo:m:_.m=.m“o_.
Evcum25m<<o_.x3.2.5 o5m.Em:mm
umzsimnc:nm_.Em>nam=.ma.
5_:nm:.:§nm»_o:_u_.oomn_.__.mm.
zoz<_=.-m$:&=mmzizamm_mmoo:.m=._ma.:
5_m>n_.mm=.m:rsoou_.um._o:3 _=%3=_2
sin:_mmm»8::_:._.__mmmozo:I m:m__muu_<
::_mmmEmumav.o_m_3_:u _=%3%._n£.o_.
325$Emo=.m_.3:2mmmoo:mmEmnzomzm
8m<oEm:<u_.m_.ca_nm33m o_m_3.ma:9.uaommaam3m3.amnma5qmmumaS22.2..
=..m_:nm_._..:=<:._m<muu_<man 04 San:50
_..o.$._:uum:<=3x_._o<<_maummanm_<mmEm
o=..m_.um:<SmoE..o:c:_.<8 828.Em
_.mwuo:mm=.m_.m8manEm$333 5m_.mon
u_.o<Emn._._o<<m<mnEm.=..mum_..<n_m_:.__:u
_:nm3:m._nm=o_._mam:_._m<m3m 3:8
uman??m_:ma._mmm_uaonmmanmm3noama
man%a3_mo_m_33.._:am3::._ommo_..
_:<o_<_:mm3__.._33.man3amBuummmamau<
Boomaamiooa_um_._2sm<.m_..o_msBon.oo_o.,mno8:o.»ud
.88V3.88E
Page 166 of 186
=mcs:m.83m<m.m__m.man:um:<.m8».manmxumammnu_.o<Em_.._E::m_.._._o<<m<m_..Em.sommamamao_.oo3u33_mmamammmmnmnE__d.
_um:<o_m_3oEm_.Em:Emum<3m:<3o_._m<3m<cm3%§Eoc.Em3.2sinm:8383R
Emumn<o_m_3EnEumaasomaos.
E._33E.__.<.0.2.3o3oma.m_.a=m
m3u_o<mmm.m_.m..m_<_:moz.manno:9Em_<m9.
3338Sm_<m3may.u_.o<_m_o:2E_m
>m..mm3m:_...Em3o:m.m2__3=mmo:mo_.m3.oEm_._.a2m..=._3::=_mm.man.Eonmnaozmu_.o<EmaE.Emoo_oanooo<m33m3m_
_33.._==<>3.o.x.m.mA.3;Smm,mm?mm
33._am8mamm3m_ama_2o=_2§$
m<m__ma_m803..Eoaomqm.ca5m3u_o<mmm.
3.Emcaanm.
.3_..~ma..___.m3m3m.ooamczmamuqmmm
8xmmuE3:Sammanmamaman3m_3m_:m.ammo_mmom.manmxumammEm3__oi_=uuo__o_mm
2Em:_.m_._omSiamEm.m::cmE_m>m_.mm3m:n
3._.:m0o:mc=m_.:m_._m=oo3u_<
<sEEm<<o:AmG_ooaumzmmzoa>92oo_o_.mnomanmEm__Eosam83um:mm=o:Emcazom8u_.o.m3Em0.2:63manmnmsm.ma.manm__<<o_.xm_.m.ooaumammaoso_m.3mm_._m_:u=63umaoaamaom2EmSo}::n_m_.
E?noaama.<<2xm_m.oo3um:mm»_o:
Emsuaom3cm,no<m_.ou=mm=o:mEguommaa<mEu__omu_m_mEmEam:<m3u_o<mmmanmnmaE
Emum:o3..m:omo.so}:=nm_.EH8232.mm
Em:mmEmm3u_o<ma._._m_u__=<§E_:Em
3E_3:3m~m.So_.<=3:m.
E0o33m8_m_mm:mE_:mE_=<_:m.=m:omman.man.__mu==<Em:_.m:nm
e:n_ca_:mno3..mnEm___mc_:m_.__.m:omv
u_,o<EEmno<mBmm3..us.<_:._:_.<man
u_.oum:<amamnm2::mnoausmam_:u_m=3:
2:2_mmmEm...E_.mm3=__o_..ao__m_.m
32.8.83_...m_.oooE_.m:om.
.8_u_.o.mmm_o:m__._mu___€m=.o_.mm_.a
O3_mm_o:u__._m..=.m:nmno<m..Emmam.madaman
o3_mm_o:mm:mEucc.3Oo:m:=m_.=.m
o_um_.m._o_._mo_.mminmmEm:m3oc3ac._mwm
Em:Sm3=__o_..no__m..m§.8o.8s um‘ooocnmaam
$mau_o<mmuasoammzman
oo3u5m_.335.__._mcB:nm no<m_.Em_ommmm
mzmiuas22Eoozamozoz§E m3.E.m_.a:_m:.o_.Emzoam?mam8333mm 3ooamcamz.vmGo::m_.main m_o:m 2 SE
oEm..m.__._mamaocaac._mwmEm:oam 3__=o_..
no__mR§.8o.8eumaonncamaom.
=3>_uu_.o<mnooaumamu.>__man:
Emcaaomm_._m__cm332%..SE man:_.:mc_.m:omnoaumamm2noon m.m:&:a.um_.=.__nmo_8noucmsmmm.3Em no=a_.<_m.m.m
o_.»m_.3o_.<$30.6Emmminmm ma cmimum:o_.3mn_.
3Omnsomnmm.ooamcsma.m_._m__
u3<EmO32::nm:=._nm.mm2 _:m:_.m:om
m<.nm:nEnno3u=m.._nm<<_E E_m mans:._m
e:n_c&=nm<Em=nm23:m<<m_o.Emc?zomvmaamau<mcEo_..~ma_.mu_.mmm:.mz<mm2Em
«mmum3.<mnm3m_.mE_.mmn:<mm_.Em.aw
>m_.mm3m:__mEmama.omnao?mm Q.
Em?maomis__m.Em0.2cmm:m_msoonmmm:maa=_o:m_Em?ma.mun:nm:5om.m 2
_:m:B:nmmam:u_.o<EmEm.Em .mm:_=m
oo3nm:<£5::9om:om_.amncnm.2 oEm2<_mm
3m.m_._m__<nzmanmEm_:m:_.m:ommaoaa Emma
Emmao<m_uo__n_mmcammmE3.38 35.aoznm2man:nm_..nm=m=o:.a._.§_2_ow
3m.m_..m_nzmzumEmuEmmau3<Emn_8 Q2.
3.massEE2...u..o.En..
Am.mm:m~m=<.mxnmu.mmmumn=_om__<
mu_.mma8Emoo:=.m..<__._m:<m.m.m3m:.2<<onx.m__E.m__mnEm_u_.oum:<N638 5 man8
Em<<oE_u..oq:n.EoacomaQ.u_.o<_amac<
oo:m:=m353.29:.m.m.m3m32 <<o_.xm:m__
_.m3m_:Emu_.o_um:<2oozmcnma.<<_E
ammum?8Em<<o..x_u§__.§.oS2__§.
E_oo:%_o:m__<man._._.m<onmu_<Edam 8 Q2aczsnEm5,32man:__._.m=moEm_3°83.warm.m=o:.mxo_:m.<m.__._.m<onmEm.um_.umEm__
<<o:a<<_nm._.c__<um_aman3<m=<._,_.mm=om:mm.
3«muqoqcom.Qm?mam:<m=<m52.8 on
a_m=ESm.ucun_<um:.o:=man_u:a=o_<a_.mu_m<
88maamioonv2.2a:mau_mEooaoo_o..mno8.8.83as.V3.88EhE
mp
Page 167 of 186
3m__ammsm:92_3os5o_..22am<m_oumn.
mun:_:.m__mnEm_u_.oum3.Zuam.
AS_a:oE.:os>zo2sEm8:&:m
m:<E__..u8Emmoaqmé:m:mE.mmo:nus‘man
=mqmmumazm_um..mo_..:m_manno:m:=m_._.mm_._m__
um2mm8_._mmmanm3u_o<.8manEm:mm:m_.m_
m.m._So€.:oE.manmxumamm.man8:mm.
a_mn_omm.manm3u_o<m:<nm=m_.m=~maammm.
nosnmu?._So<<.:oS.=._mEoam_.mo::Ecmm.o_.
m:__mmagma2.833sagaEmnoc_.mm2
m3.mmmazama.mo.26mm22Em<mB5_.m
manmuu_<man:_:8_.3m._o=§Eo5..=mo_omEm
cam:<oo_.:.am::m__:8_.3m=o:SEmoEm«
um:<.
._.>wm_mzo:m:_u3_um_.=mm.oo:m:=m3_m
mannao_.__<mmm:En_mvm:am_.=oo:m:=m3man
menu:9caamnmxm.E.E5>u_.mm3ma.m3.
m88am32<<o—xo_.oEm:smm.8um:o_.3
m:<ou_6m:o.._2Q2.sEmEm.~mu:_m822
no:._.moEm_.o..8mmmcamm3.qmmuo:m_u___28..
05%ccmimmmo_.oumamoam.zm=_..m_.um:<
92.ms9...mu_.mmm:.5%....=:mn=<o_.3.
.3u=om=o=.mmm:mamao_.EmoEm_‘.mxomnnmm
mxu_.mwm_<mcEo_..~maEmm8.m3m:~2<<o:n
.5.no_=u_m8>mamm.=m=..azm>u_.mm3m3
ooamimEmm_..Emmmammamz._:m_:a_:mm__
_mx_..E=m.m8.m3m:.m2<8}manoEm..
>:mn:=..m_.:mEm»:m<mummsmxmn?maEEm
umamm.manmammnmnrma:m_.m8manamamm
um:2E_m>m.mmam:».
3.>u_u=amc_mrmi.oo=2_§.m_._m__
no.._.__u_<S_Em__muu_8mu_m.95Eum:o=:_:n
mm_.<8mmasm_..m__am.5...:m..:.._mmm8..
<_o_m._o:2ma.uo<m_.:3m_._8_u_.oaEm=._m:.
«mac.8:8S:_o:33m<ummagma.as8
<<_.._o_._amamqmanm_m.8.amam__..Emmuu__omu_m
mnm?amn.2<<o_.x.._.:_m>m_.mm_.:m_.sms»:cm
no_._mE._maEmnooamsom<<._EEm_m<<m2Em
mamRoo_o..mao.>:<no.8:oqEoommaim
u_.ocmE8E.m_.u_.m.2m:8_.omEm_u_.o<_m8:m2
E.»>m..mm:_m:.m:m__umEocmznam8_.mEm
mnmnmo_.amn_m_.m_nos:m_8m»maE>_.mum_..om
0252.oo_o_.maomanmun:3.2.888
oosmmam8_c_._mn_n=o:man<m::m388man:
nocnm
8.>no_.:m<mmmm.E Em m<m_._.
Em»m._Emqum:<8E8>....=mm3m:.m:m=
no_.:_.:m:nmma.maze:mmm__._m.Em oEm«um:<
m_._m_:mcc.29.Enosamnaoz5::E8
>u_.mm3m:..9.ooammnamEm<m .2 o.Em
>m_.mm3mao_.m3.u_.osm_o:2E.m>m=mm3m=..
Emv_.m<m__Emum:<m:m__umm:E_mn 8 _.mS<m_.
=63EmoEm~um:<qmmmoamzmm.8_.:m<.m“mom
m_.a.m_m8anom?.8mmmanmxumammm__._oc:mn_
EEm_u_.m<m=EmB3.5oo=:mo=o=§E man:
mono:o_.Eonmmaau.
no.mooum3>n_.mm_.=m:».=Em mooum2
m:<u..o<Eo:m2E8>u_.mm3m:.8 8o Eoma
Em:<«mmumo»sEm8om<m_.8 cans:
m:83m=._ma8am8__mm"mx.m:..Em:man:
u8<mm_o:m:m__amm:88ma8Em 3mx.3.._3
mamaum_.3=.mn_E.82.manEmum_.=mm:m_.m8
nosmma8manuuammEm.mco:mnoum33.um
_.:&n_m__<aoasmam8oa_:m_<manEm.Em
§..o_m2man...u_.o<.m_o:2E_m>u_.mm=._m:.m:m__
:2Em_.mu<8:.cc.Em»Emmnoumo."man:
_u_.o<8:£8:cm23.3o_.__<8 Em mama
:mnmmmm_.<8828::8HE.
R.>.E=_o=m_<<o_._...52 _.mnm_E3 m
m.m.m3m:,2<<oE_92.SE oo_..mc_.m:..m
oo:mm_.=_3m<«magma.oo:mc_8_.=8 Eamnmxm
m&=_o:m_So}E_Eqmmvmon8man:msaama
3<<o..x.5man:m<m_.:.92manooamcsma
m:m__mxmn?mmam.Em_.ac_.=8 Em wnmnmaman
2<5;mumnaszu3%man=8=m_soar man
Emnoaumammzoz8amuma8oo_..mc_8=.8..
man...maa=_o:m_So}.
nu.m:a.no:m..__S:$.ooasaa 33.:2
m:uno_._._.mn.222.Emmm_.<.nmm8 cmu_.o<Emn
:m.mEam..§EoSEm9.8.§.Em_._838.2
Q2.5Emm<m32m:<umasmuma
m_8mo:._.mn.__._m_Emmmqmmama5::man:.23
_umn<m:m___u8<EmEm».in...qmmumn.8 Em
mcuooaaamnSoarmam:mcu.no_..m.._=mamam:
cmmcsm?8m:3Emogmmzozm2
oo:m:_8_.:mumnama_=E_m>m_.mm3m_.:.
8.2358.>3.aozomu3<am._ucamcma
8E5>u_.mm3mam:m__3E §.=_:m 8 Em
338m,Emmanqmmmmmmm»8:...3.9:mi
m_._m__cmammaman_<m:323 Emaa am__<m_.<.
38m:u_n<3on.um_.xSm<m:u_mSoonoo_o_.mno8:o.~u~m
808avnus§5<.mau_EbnB.mo<Page 168 of 186
‘-I‘|_J.:.
’34E11:1
‘Ign-
-H in
.
-.,r‘r WP
I .
--«H,.4
u -4
‘
‘wnf:|‘La
coo:amom?a=_mamoa_E=.amm3am<mmama
3.8..53mc=_§_92$aa_m._m.uomamnmuamuma.Snsmaaa_m=.amEa:amnm?aamncmmama
9.Au.oam3.5.mamaqmuomzSE.na_mmoa.m__<.amoon:_~mno<ma:_n:.8:a_ma.mumnmszno<maa._u3_ua_o_.=<qm__.<ma<.mama
E3.=..m<n_._m:mm.3maaammmaoaucauommmoa
Em>namm3ma..Rma.<=a=m3.u_<_a.uimam:zomnmcamcnznsmamm85mo=_maumaqzmamao.
E.>mm_m_..a:m:..._.a._m>mammaa_ma=BE.:2ammmm_ma_mqEaooa.m:=ma..§5o5Smua_oasaamaooamma205.mxomu»aoaSmuaoauao:cama.mmmaaasmasamsa_a_5muamnmnsummamznm.aam>uamm3ma..ma_m=um
Eadiecue:man_aEam3=._mumammacaSma_m_am_mcnommmoammadmmmaarmoaEmumamm=mam.o.
um.._....__d_um_..<mm:m=m_m_._mm.._.2m
>uammaa_ma_a_mmamamu.28mo_m_<aoaEmumamaoa=..mumazmm:mam.omanmamso.noaamama.<a_n3mcuoa.m:<umamoa.oamam?so.mumaa.8ea>uamm3ma:.
mm.xmmainm.a_._mmmmao:smmasum5
Em>namm3ma_.mammo_m_<aoano:<mama_ommanm_._m__:2amnoamamama5Fm_:.mavam.mmoa..
._.a_mamm=m_mmm»8::ca.Smam.umomca55>mamma=ma=mamEnoauoamamn58:6uon_<ca
"Em>namma:ma:.._.:mmx_._=u:mamamaama3
Eaocmzoain>mammaa_mamaama.<m.m.ma:m:aoa<<oa.anamumama_a.noaaoaasmaom5.3Em>nammama:mamEooauoamamaS8in>uammaa_m:a.
ma.<<m_<ma.._.:mam__:amcam=:maumaaama
ma.<zam8amnsamumaaoaamaom3.5m2:2umaaaoam:<“.35Ba.oncan>mamma=m:.m:m=
:2mama_:m:<sm<Sm_.:__aa...8am£.__amman:umaaoaamanm2ma.<mcummncma:39aoamam:Sm<<m_<maE.magmaumaa.ommcammn:oa
m:<_uao<_m_o_._oain>mamm3m_.:umamxma.oa_._m_n_8amm<am_<macaSmnaosmmo:=mm__..
um.moaom_<_m._m:am._aumaaoaasmanmav.
0o:m:=ma:oama.<mmasnmoaogmmzo:Eama
=.._m>mammaa_ma:_muam<ma=mq.ammanama.
nm_m<mnoa_a=maamamn_5:...E.ammmoa.oa_mcoa
Ewucamm.mExmm_mamca03.aoonm.__m_§.__a_o_
mm<mamsmmsma.msoaammmmoa3m.ma.m_m.ammoaaa.5.3.oanoaa=a_:a..om._oa.mam__:amm.
mma?ncmxmm.Ema.am<o_S_o:.n_<__noaaaozoa.mnmoau:_u=nmamaamm.u_8.§_m_macmamo9.
m3..3.oanma.uaon?ammos.amn:_m._o_._.oaa_a.m=nm.nmazmznoaamn:_ama:ma..:m<_:m_mmm_mamacam3.no<maa=a_m:»m_oa ..ca_o_m_
m_._=._oa=<oaamuammma_.ma_<mcam_..<man:
mo<m3a:m:..oam3.o._._mama.<§m=.ma m_3=ma
oa&mm_aa_=ma8Sommamamaamq85 Em o_m:mm.
220..mamam<o_aSmammmo:m_u_m8a_.ao_oaoo_._m:=ma_..Em:ooamczmaamum:ummxncmmaaaoama:umaaoaamzam8ammamaca28:uam<m:a_o:.amm.a_o=o:.nm_m<oa Samaamamaam._a
5mumzoaca.man...um_m<mxommam5.3 B8.._m<m_05.a:m<.5.505__mc__=<.ama3_:m.m Smmaamamamaaamaea<<oa_Amvcue:Eaima.aozom3oo:2__.ma.
um.._._amon_uma__o_.aa.ma_nm.dam _m
mx_uammm_<Emam2=._mmwmma?m<55 ammumo.3mmm:maam<ma<.ma3maauao<.m_o:ca Em
>mamm3ma.a.
8.vm:a.=.m.ooa§__§.mam:2 amoi:mxumzmmmmocamma.<maam__=nm:mmm_umaazm
oanmamomammEma33.cmamnaama3.ma.<amam..m_.m?amoa_onm_mama?m.oa...=:m:omoaamu:_m._oa_31.5umaaoaama?moaEm mmasomm
EamaEm>uamm_.=ma.a.oo:m:=m:.m:m__m_mo
ooaa__u_<SE.=6uaos?oamcam=>uu__nmu_m
rmim_:umaaoaaazsuSmmmasommEama Sm>mammama:.>..8oi:mxumammmad2 no com.
803>oo:m:_.m:.25..328 ma.<n:ma.mm_m=mam:oa.oaBoaanmzoaEma 3m<um
a_mnmwmma<8no3_u_<<<_=._m:<>uu__omu_mrmsam
=3.oozmczmazam__mn8no3u_<2:...maSmzazmcacmaaoaasmaomoaSmwmasnmm.
w..._sm.=mmm_mmumw.mxnmua__oam:<maaocznmasmz._am_a2_mo_m_<aoa _:.ma:m_
a_m.a_cc=o:Eaoo:m:=ma:oam:<emaomcamamnsama3._mum_.mo8caaa_m.oa amn..__m8a<
amn:_am3ma_.mum<oaaEmammmoamzmoo:aao_2
0oa_m:=ma:.m__Ema.»am_mmmmm.aEc=oma.:o:a_nma:ma=m.oau:u__n n_mo_om:amm
e=o_:n_a.o_as:2_.a:=m..._8.uao3o=o_._m_ca
88m_._n_o<3oawmaxsamxma..o_o€oon_.oo_oamno8.Smmau
.38aamkwoobE
Page 169 of 186
_‘.‘v u.N ‘"4.Y‘
,-1..
~I T’::'-',.'.,.‘I V.
I I w ?y
1»
w'..‘,“
.*..‘._-'i 1.“
nu“::9
‘‘__'
.‘_||.*
I
.1 7
l''(''''.’.-.\~-
‘--
"
.':~‘-‘mam
'..‘ll '.
D .l.'\l
I a
‘
I.
.‘
Bmnxmmsm3m8:mc3.oosmczmz.9.=m
mac_o<mmm2mmmam3.358E_m
>u..mm=_m_.=9.ammagmaEmnmnonEo_:aEn
Emamam.cmnmam?9.m<=8o_S03..m_..m__
amooo:..=:m8a§EmanmE.._.o<mnE<<_.=_:m3
03._._._o_.8Eu_.m_mmmmEmqmonno:m:=m..=
m:m__=2_.mu_.mmma.__§._<2.._.a=mn._<Em»m:<
mmiommn_.o<EmnE.oo:m:=ma892:mm
cmm:mE._.o<mao_.m_ao_.mmn_u<0.22_=o_:nm
Em_._mam_nmam_._._m_.x.o_.m<=.._...o_ca92onm
=m~aoo_..m:=m:..mn.._m83m_.m<<_Eo5O3._m
mxu_.mmmimam:noamma».
mu.zo:mxo_:m_<m2.2.3.manP.__.oEmmm
Euspm.=_mmxv_.mmm_<S3338.mammm_.mmq
Em.E_m>m.mm3m:.aomm:2mam...»8
oo:m:_8:»mamxn_:m_<mam;8_..._.o<Em805.
m:<o_.m__2Emwmiommmanmam::2u_.m<m3
0.23.3mB:__.Eu=63oEm_.mcuu__.mB
mm_.sommm===m_.8Emmm_.<_omm.ooamczma.
mmammmEm"mB5m=.o:m3.0.2u?mcma8
E_m>m..mm3m:.mam::mmEm.ammao.Em.632
038ommmmmB:__.__.6:9._.mnc:m0.28
ooamzcmm:<_m<m_oqman:mnn_Em=_o:m.
mmE.=m.mm28.mnmm.ma3.m_§_E.05.8
oosmczmau_.§.82958Em8::caE_m
>m—mm=._m3mEm__so»8:mESmnoaaasmam.
mm.m:..<_<m_.._.Emu8<_m8:m2mmoaoamm.
28.3..3.._m.3.3.3.8.mm.mmman3
m:m__m:_.<.<mm3.mxu__.m._o:28:=_:m:o:2:
m:<..mmmo:omEwm>m_.mm3m_.:.
ma.<m_._=om=o_..3oo:_u__m:oms:Eo.w.m.
m.=.m.::m._..mmo.wmmm_d_:n_..=_.Eu2
=_mnm_>=m=m”
.3m:__u_o<mmm.no:m:=m3mman
m:c.no:u:=m3m“o2.m.__aam:m__ac.
_Eo§=m_<m3u_o<o_.8:._.mo.2:...m:=_mmm_
m=m:.0vm1.o:.:Soar5.52E_m003.33.
oo:mc_.m_.:m_._m=:2ooazm?<<.Emmcv.
no:mc=m:_Em»8__m88:38Emooamcsman
Em»Emmc_u.no:m:=m3§__:2_3os_:m_<
m3u_o<o_.oo_..=.mR.55m:um.m__m:8
um_8_.3So}:_.am_.E_moo_._._.m3Bmmm.
:.m-_§~xmx_Vm2:
.5<m_.=_nm=o.=oo=2_.ma §__
um:_o8m.mEmEm_.Emm.<m_.:<u..ou_.m_.=on Em
umumnama_u8m_.m_.:.mmammamqE o.x.m.m.
38438.3magm-3.m.._S 3.3.
_.mmumo._<m_<..:oamw8 no:.._:=Em
m3u_o<3m3m=m_a__.3.3m__m=._u_o<mmm<Eo m_.m
:mE_<26..8..m3u_o<3m:»8 um..8_.3so}
Eam..E_m_...:_u_8oo::mQ 8..mm2_omm.
oo:mc_.m:.mmEo_.§§=63cmiuEm m-<2=<
2833o_.Emumumnama.u_.oo_.m=._
u_.onmmc_.mm8Eamnmxm u_.m-m3u_o<am=.
mo_.mm:Em28:muu_8m:8<E=m E_m 8:._.mo..
_m3.8um_.8_.3mq.
8.0:28 ._.m:=_:m8 m
mcunosvwmon:oo:m_._=m:~ogmim mnEm_
xaoémaumEm.mmcu.ooam...=m:._um:o_.=.__=m
58}_.5am_.E_m0o:._.mo.x:o<<_:m_<m=_u_o<moq
oo_._:mo.m55.m:_=mom_m_.m:.Em oosmczma
m:m__“
3=23.Emm:c.no_..mc=m=.man
Em92§E__..E_.mm nm<mEm»Em
ooamczma._._mmmnEm__Soi_mqomEm.
Emm:a.oo:m:_.m3.m mau_o<_:mo_.
no::mn.Em2_Em:___mmm_m__m:“man.
E8:=Em_m Em m:u8=._.mQ
<<_EEmm:_u.oo_..m:=m:.3 EEE E_.mm
nm<mom..mom_<Em=33 ..mn:__.mn.
u?mcma8E_mumqmmamuzEm mac.
oo=mc=m_._.qomm:3not m_.=u_o<_:m2
noaqmozauS_EEm=_mnm_m_.m:umxomu.
Em”Emooamcsmam:m__:2 8_.3Em8
Emmo_.=_.mo.§EEm mc_u-oo:m.._=m:~E.
a:_.=._nm:n_._E_.mm am<mEm m_.__u-
no_._m_._=m3u_.o<ammE8=._._m.8_..8
mm8c=mEEm”Emm:u.oo:m:=m3 _._mm
so.w:osEm_<23.23 2 83553
SEma___mum_m_.m:.
EV0:28oo=._u_<2.2.min
_:<mm=mm=o:”ooswczma»m_..m__oo_.:u_<§E
m3._.mmmo:mu_mnmncmm.2 Em oo_o_.mmo
Umumnama2_.muo_.m_.amau_o<=._m:.amnm_:
Emnoc_.mmoqma_:<mmmmm:o:3.Em.Emomumnama_m_._=._m:ma=mucacma80.20.
m.:.m.8~@
38m.._m_m$ooa_um_..2<m<.m=m_m$oon.oo_o..mn8mo.Skmum
.89RN38E
Page 170 of 186
E umamumm«ca mama:2 ooznnman
.28 05.3m<.m_.3_:m.m Em no:._.mn.__o_.m
Emma:o_.oozed?.3 S:o_m o_._:um?new8oo:mc=m:._mu_.mmo_._2 m:<mango:3 Euumqmuaus9.Eo<.o_._m.3._=a uc?cma.3ommm.3.m.8~0o:m:=ma mam:am=m_..._m8..
maxi mumno:mmn:m:=m_amsmmmm8=6 0.2Smanic:8 m_..<o=..m.._mum_2 2=_.mc_m
_.m3ma<=6 03.am<umma_._3 8 3..mEmma:
2 Em ooawm?5%.im vmqmnqmur2.
.88mau?sooa_um:2<m<.mau?saonoo_oBao8:o.N:uaceV3.38§32.nmm_nkBonBmo<Page 171 of 186
Page 172 of 186
z>_smm.2._ozmzczmmxm>z0m_s>__.monumo._m2.ooomu_z>..oxm
0o:._=E:=<om<m_ou3m=n53.._<_oam:m~.02%m=_a_ao3n_m_
8u.3m.~...mmxaoamzmwma_mSooano.o<
>mo.<<mm,ooamczmam.:6.”Qua.z_o_6_.mo:..u::o.um_
u8.ud.%8.38
mmR®>mO.<<mm».no:._
mc_s_s>m<O1ucmuomm10$m._.>._.m_smz._.on<<OwX
._.:m0.2_m.3ammq2u:__...=:nEm:_.m<_m<<manSmumnzoamm2.nm..1om:_..._u_m=_m:~o3.m?a Em:_.¢<_m<<man5m_umo._o:mm_.<_oom.._.:m0.?no:=::mm3:m<mm:6:sown8 u8<_nm =33.qmsmi2c5_a_.:mEmammagEmuwnzoam3..ooa.o_...=m:nmSE.m%_..3 nonmm.._.:mzmmqoc:m:._<mxammqmSmnmumo=<3mx.m.__..n22am:83mm.mm2_omnmmwmmmammmxumama8noamscm.
mocismzq>20_.xomm>_s_s_zo._.Ommumosomum<O_._.<Eu>25
Q2m:m=u3<_amoo_._m:=m:.5.3m=39._.mn:mm.2__:mum9_o:mmanmcuuoasuaoocamam.
o.:._mxoozm::.>z..wmmocxomm
zomaq:_o:m_aoamczmamm=m__ammaummmnE=_._oS“ionsigmamuu3<m_35m 05.
ommox=u._._ozo...<<OmXumoocoa>20um_._<mm>m_.mm
>..u_.2.mQm§___:n_Em€28.Swami».manno3:_m.n_m_uimam._:n_.._a_=m._._mE:Baum3.03=ms.E__%8_.maonm_mmanmnnaoamum3_n...__.m_mamimmaauEm:_.m<_mSm“man_.mm_ao:=m_manoo:_3m..o.m_83.amn:m:_om_.u_:3E:m2&2m_mo._..om_Smumnmoam.<<o:.
3m<m_mo_=n__.amc_.Emcm_u_.o_mQm5::sin:3m22man:mm_s_..&mxumzmaom.
m.oo:m_._=m:»<<=_u_.o<Emoonmno=.__u=m_.:Em:_.m<?<<.m:n__...mumR.o:mm2_nmm on ma.m.m_.mncmm.mq3%cmio._§_a2_u_.o*mmm_o:m_m.mm2_amm<5:cmu_.o<_nmaum.5m 0.2m302%ooamm.mamaaama?mano_....=:m:8m.
88m:u_o$ooa_um:2<m<.m:n_n$ooq_oo_o_.mnoas3.86
.823363Egg
moxmocrm>
oS..._zm on m._.>._.m_smz._.0....<<O_»X
Page 173 of 186
_u.
0.
5
Q.
r:
5.
Q
ooa=_aas=_u_.o<Em £13m:Euonm 2 non»nmnimaamm.
m_.o_..=moEB<mnnmmm=u=_.<.3mo=maom_.u_:aE:u.m_mn.:.nm_.manm»_.:nE..m_.
oozmczma.<<amsmim__moamammom.amma:nm<m_ou3o_.=.manumazsmmmamncmmnma.
ooamczma5:.mamam:<ma_.___aU_<_m_o:manamw?:8!:ammzammmm_.mn:mm6q.
oo:w:=m=.5:.Eosam6mo_:=o:2 n_mmo_m_..n_$Ea <o_._w_nm=o=2 no.3:aoocamam
oo:m:=ma<<=_Eosqmmn 8 a saw:E3m_.oEa on Bow.u§.mn?.
.....vmn_>_.qmasm.=u>z<
>.082...»;_m:2ou__mm.ma83.3::mm2_8m 53.5 53._mnoam:._..._m$q 3.Em
>u_.mm_.:ma.>:<osmzummo_.maaaozm83m mooumaSo}2.5..cmno.5 _:$5.8 man
m_..m__mumn=._nm__<m.m.mSmma..._=.o:m_qmmm.:m:<.3..man:osmammm.
m.oozmczmaW:32soou_.mm._o:3 Baez:manSE :2 um2o_.3 m3._:m_umR_o:mminmm
$_m::u8as=5.mm=.coE_.m 5o_ca_:u _.omam_umzazu_o.m._m:amom_u_:m.n_.m_:mmmcao=.m_.
amzma:2__a_.a3mmu:._&_._mnoam_mm:mm.
0.._.:m_u38mm_o:m_mm..<_omm>oam=..m3.2 mminmmqmsqmaa §__:2 mxommn.95 I::..._..ma
.3_:<._.:o:mm:aUo__m_.mG$o.ooo.o9.
zoomon_...><_smz._.
_um<:._m_._.5.:um33»3Ooamcsmz.5 5m .63..2 mnsmnx.
u><z_mz._.mozmocrm
>.oozmcsmam_._m__253.,m:_:<o_nm 8 =6 0.2 3..sa_.x Saamaq m_.a $§uEwm_u_m
mxumamom.:n:_._.mnonm_.:o:.:_<umm.m.O3.5.:v3.ooamczmaSE1:8 35 a «mama.»3
mm?=._<o_nm.
03.<<____um<oo:m_.._=m:»3..So}_:moooamzom5::=6 €__o<...:mum<3m_..»m...._._mu:_m.>__
um<3m:?mamnozezmmaozoo_._mc=m_.=.mmmamauam=6 Um=<m_.ma_mm=<___mm8:mmmm.3::_:
umammamus.8.mn=ma_.__mmanumnonzmanmm.o_._m._um<:._m:~mm_..m__am33¢Ego:92¢
21%:8oo:m:=m_.:Um__<mEc_mm=<___mm8:mm
38mam?ioon_um.._2B<.man?soon.oo_o_.mao8.3.36
A88«$.88s><<<m:m_msBmqoo‘nm<gm
Page 174 of 186
m2<_8 9.mac._..=3
3.3.‘.o_.92 Em:mmsmi mmm
53.323 Osman«m8
3:E.8 maa=__o_._
Ex.*2 $8..:___=o:an8 ma3=_.o_._mme.«on «G
._3___.o:Eu 8 «mo _.:=__o:
0o33a_.o_m__u_m:mmsms._
z82..m.8_mco<m«mo 3_=_o:
mmmEm:..m_Em:mm<_.mS um:2 03 Em:mmsmsmmm L
oo33m_.n_m__u§.mo»manna:5.53 3 Eu:xmsmsmmmm E=u_m=xm<_mEman_:mumQ_o:&z>8 2 ms_._§:a.__m 33.:mmmm
?o_.=._<mm3253
m=:8_.__.m_mauammaamEm:moses _:n=amn 5 Em:mmsmsmmmm
__a_&.&5 _u_m:masms.mmmm
38:5 _u_..o_.mEu3<m_3.03 33 3:3 32 msmmzama_mn.<m:8 man?sooam:=n=:u03%:3 _.._.__..o_.m3m_._8
253..oo:._5m3_m_
82;.mmmEm:=m_
2 ~o.oo=.._.oo33m8_m_
$23 mmmEm::m_
mmsmiSEm:mmmc_u=,__nm_m
mmsmi2Em...ozmammm8>_%3<3_u_m:m
_:mumo=o=m-O:om_<>mzmmamn
£5.Io_.__.w\m=._m..mm_._$._:mumo._o:m
2~o.oo§oo3am_.n_m_
._
_»m._:mumo=o:mmqsomm
82.:mmmam_.=_.m_
mmnmm0362.3..._._.m<m_damm:Eo_.23::Oo3_.=m_.n?_J
_s__mmnm $23..mmmam:._m_
Em _<=_mmmmmm?
damamoxma<<=_ac._:n_E.._m=m<m_=3».oo:m:_.m:.mamm?nmism:Sm m_._._<mo:-m:m.
.3.wo_._moE.m>20_.mmmox_s>zomz___.mm.3zmm
oo:m:_.m:»S...u_.o<_ammmiommmmamncmama3.=6 05..3 moooamanm5::9m ._.am$33mannm__<mBu_wmum_o§
38m:n_m£oonvu.._2B<.m_.6_n<3oa_oo_oBno8.‘chad
.88$~.nu8:<.>kP:b_Page 175 of 186
E..2.
_
_um__<aau_mm
_zm_umo._._0z _um:.o::Smumonoamnm__m._.:3 £5 .2:=6 :cmsmmmqm<
mmmsomm
_u_.>zxm<_m<<3.o<Em noaams?ii:So 3__os_:maamw mmn
._.cmz>_»oczU _u_.o._mQ._.Kmmu .8"ooaamam mmoosaooaamam
._.=smm m__a._12.a_<,.2z.:_:Nacmimmmn_m<m m...Em=..mmm._m<m2_omm
§:=_.mm3__<<s=.__:3 ucmmzmwmmmva 8 ucmimmmam<m2_omm
m_._._m__no=._=._m_.n_m_5.5.:._ouzmimmmam<m 3 ucmammmam<mo_._mmm
Sam 8aama_m_2.3.:a a5_=$m 3 m 8 u?ammwan m2 5%
mm_uom:zm
mmxsomm
.2.>oom3>zom >zu qmm._._zmumonmocxmm
E»
._n._.oo>.:oz O1 <<OwS _..>o__._._._mm
mccw»m_..=m__<m__<<o_.x<5:cmaosqc?ma 3.Oo_._m:=m:.3 .3 _.mn:_m_.om._om.032.m..58
ca,oo_o_.maomama.
_z<<_._.zmwmExmxmou.u:_.m:m_.:man.3 mmmmamaom$3..:6 _u3_“mmm_o=m_mmiomm >u_.mm3m3
$.23:Em.332 63 %a._Q 6 .MS 9 5m 3&3 :m<maxmo?mq Em m?mama
2<<o_.xmmaEa F qm<on P _83.
O_._.<on mzormioou.no_.ox>oo
._.=_mu__.=m_._:,_Q2 _sm_..mnm_.
Um?u K RN.
38m:n_26oa3323..m:o_o<<oonoo?ano8.883any3988E
_m
9,.Page 176 of 186
‘I-"_IPage 177 of 186
Page 178 of 186
1
BY AUTHORITY
ORDINANCE NO. _____ COUNCIL BILL NO. 14
SERIES 2020 INTRODUCED BY COUNCIL
MEMBER _______________
A BILL FOR AN EMERGENCY ORDINANCE AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY
OF ENGLEWOOD AND ARAPAHOE COUNTY FOR THE
PROVISION OF EMERGENCY RENTAL ASSISTANCE.
WHEREAS, the Parties are authorized under Article XIV, Section 18 of the Colorado
Constitution, and by C.R.S. § 29-1-203, to contract with one another to provide any function or
service lawfully authorized to each of them;
WHEREAS, in response to the economic issues arising out of the State of Colorado’s
Orders to prevent and protect against the continued spread of the COVID-19 virus, the City of
Englewood wishes to establish a rental assistance program (“the Program”) for its residents using
Arapahoe’s current rental assistance program as a template;
WHEREAS, Arapahoe will provide an employee to Englewood to manage hotline and
subsequent requests for assistance;
WHEREAS, Englewood will contribute up to $200,000 to the Program to fund the
Program, and a 5% administration fee;
WHEREAS, authority exists in the law and funds have been budgeted, appropriated and
otherwise made available, and a sufficient uncommitted balance thereof remains available for
encumbering and subsequent payment under this Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Agreement between the City of Englewood and Arapahoe
County for the provision of Emergency Rental Assistance attached hereto as "Exhibit A," is hereby accepted
and approved by the Englewood City Council.
Section 2. The Mayor is hereby authorized to sign said Intergovernmental Agreement for and on
behalf of the City of Englewood.
Section 3. Emergency Declaration. The City Council of the City of Englewood hereby finds,
determines and declares that an emergency exists and that this ordinance is necessary for the immediate
preservation of public property, health, welfare, peace or safety for the reasons enumerated in the
introductory paragraphs of this ordinance, which are incorporated into this Section 3 by reference. The City
Council further determines that the adoption of this ordinance as an emergency ordinance is in the best
interest of the citizens of the City of Englewood.
Section 4. Effective Date. Pursuant to Section 41 of the Englewood Charter this Ordinance shall
take effect and be in full force upon adoption of this ordinance by the affirmative votes of at least five (5)
Page 179 of 186
2
members of the City Council.
Section 5. Publication of Ordinance. This ordinance shall be published in full within ten (10) days
after adoption, or as soon thereafter as possible, as required by Section 41 of the Englewood Charter.
Introduced, read in full, and passed on first reading on the 6th day of April, 2020.
Published by Title as a Bill for an Emergency Ordinance on the City’s official website on the 8th day of April,
2020.
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 Emergency Ordinance passed on final reading and published by Title as
Ordinance No. ____, Series of 2020.
Stephanie Carlile
Page 180 of 186
1
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (hereinafter the “Agreement”) is
entered into to be effective upon the date of mutual execution hereof, by and between the CITY
OF ENGLEWOOD, Colorado (“Englewood”), and the BOARD OF COUNTY
COMMISSIONERS OF ARAPAHOE COUNTY, Colorado (“Arapahoe”), each a “Party” and
collectively the “Parties.”
RECITALS
WHEREAS, the Parties are authorized under Article XIV, Section 18 of the Colorado
Constitution, and by C.R.S. § 29-1-203, to contract with one another to provide any function or
service lawfully authorized to each of them; and
WHEREAS, Englewood wishes to establish a rental assistance program (“the Program”)
for its residents using Arapahoe’s current rental assistance program as a template; and
WHEREAS, Arapahoe will provide an employee to Englewood to manage hotline and
subsequent requests for assistance; and
WHEREAS, Englewood will contribute up to $200,000 to the Program to fund the
Program; and
WHEREAS, authority exists in the law and funds have been budgeted, appropriated and
otherwise made available, and a sufficient uncommitted balance thereof remains available for
encumbering and subsequent payment under this Agreement.
NOW, THEREFORE, for and in consideration of the premises and other good and
valuable consideration, the Parties agree as follows:
1. Arapahoe will dedicate a phone line to act as a hotline for tenant rental assistance
requests for Englewood residents.
2. Arapahoe will provide an employee to manage the requests and any subsequent
applications received through the hotline.
3. Englewood will contribute a total of up to $200,000 to fund the Program, and will
pay a 5% administration fee to the County, with invoices provided to the City monthly for payment
based on assistance provided.
4. Notwithstanding any provision of the Agreement, the Arapahoe employee shall
remain at all times during the term of this Agreement an employee of Arapahoe and will be
supervised by the Community Resources Director or his designee. The assigned employee may be
changed without notice to Englewood as determined by Arapahoe.
Page 181 of 186
2
5. The term of this Agreement shall be from the Effective Date through December 31,
2020, unless sooner terminated or otherwise extended in accordance with the terms and conditions
described herein.
6. Either Party may terminate this Agreement with or without cause by providing at
least thirty (30) days’ prior written notice to the other Party of such termination, such notice
specifying the effective date of such termination.
7. To the extent authorized by law, Englewood shall defend, indemnify, and hold
harmless Arapahoe County, its elected officials, officers, directors and employees from any and
all claims, demands, suits, actions or proceedings arising from or resulting from services provided
by Arapahoe in relation to this Agreement.
8. Englewood and Arapahoe understand and agree that each Party is relying upon, and
does not waive or intend to waive, any provision, right, immunity or protection provided by the
Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq.
9. In connection with the performance of work under this Agreement, the Parties agree
not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation
against any person otherwise qualified, solely because of race, color, religion, national origin,
gender, age, military status, gender identity or gender expression, sexual orientation, marital status,
or physical or mental disability; and further agrees to insert the foregoing or a similar provision in
all contracts entered into in furtherance of this Agreement.
10. Notices to be provided under this Agreement shall be given in writing and either
delivered by hand or deposited in the U.S. mail with sufficient postage to the following addressees:
To Englewood: Shawn Lewis, City Manager
City of Englewood
1000 Englewood Pkwy
Englewood, CO 80110
With a Copy to: City of Englewood Attorney
1000 Englewood Pkwy
Englewood, CO 80110
To Arapahoe: Arapahoe County Board of County Commissioners
5334 S. Prince Street
Littleton, CO 80120
With a Copy to: Arapahoe County Attorney
5334 S. Prince Street
Littleton, CO 80120
Page 182 of 186
3
The Parties may designate substitute addresses where or persons to whom notices are to be mailed
or delivered. However, these substitutions will not become effective until actual receipt of written
notification.
15. Pursuant to C.R.S. § 29-1-110, the financial obligations of the Parties as set forth
herein after the current fiscal year are contingent upon funds for the purpose being budgeted,
appropriated and otherwise available.
16. All of the activities conducted under this Agreement by the Parties shall comply
with all applicable laws, rules, regulations and codes of the United States and the State of Colorado.
17. Each and every term, provision or condition herein is subject to and shall be construed
in accordance with the provisions of Colorado law. Venue for any legal action relating to this
Agreement shall lie in the Arapahoe County District Court.
18. In the event any of the provisions of this Agreement are held to be unenforceable
or invalid by any court of competent jurisdiction, the validity of the remaining provisions shall not
be affected. Should either Party fail to enforce a specific term of this Agreement, it shall not be a
waiver of a subsequent right of enforcement, nor shall it be deemed a modification or alteration of
the terms and conditions contained herein.
19. The enforcement of the terms and conditions of this Agreement and all rights of
action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained
in this Agreement shall give or allow any such claim or right of action by any other or third person
under such Agreement.
20. Failure to perform according to the specifications of this Agreement will be
considered a breach of Agreement and may be subjected to applicable and appropriate legal and
equitable action.
21. This Agreement is expressly subject to, and shall not be or become effective or
binding on the Parties until fully executed by all signatories of Arapahoe and Englewood,
respectively.
22. The Agreement is the complete integration of all understandings between the
Parties as to the subject matter of the Agreement. No prior, contemporaneous or subsequent
addition, deletion, or other modification has any force or effect, unless embodied in the Agreement
in writing. No oral representation by any officer or employee of either Party at variance with the
terms of the Agreement or any written amendment to the Agreement will have any force or effect
or bind that respective Party.
[Remainder of Page Intentionally Left Blank]
Signatures and Exhibits Follow
Page 183 of 186
4
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date specified
herein.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF ARAPAHOE
BY: _______________________________________
Chair
DATE:____________________________
ATTEST:
___________________________________________
Clerk of the Board
Page 184 of 186
5
CITY OF ENGLEWOOD
Linda Olson, Mayor
ATTEST:
By:
City Clerk, Stephanie Carlile
Page 185 of 186
Exhibit 1
COVID‐19 Rental Assistance
Program Guidelines
Application Process (administered by Arapahoe County)
o City of Englewood residents only (City will provide address parameters)
o Completed application packet
o Copy of photo ID
o Proof of size of family: ID’s, birth certificates or people listed on lease
o Proof of income/lack thereof
Proof of filing for unemployment benefits
Pay stubs, proof of Social Security, SSI, or any other income to the household
o Copy of current lease
o W‐9 from landlord and landlord willingness to participate in program
o All items can all be scanned and emailed to the County
Income Criteria
o Must meet 175% of National Poverty Level as shown below.
Household Size FPL Annual Monthly
Household of 2 175% $30,170 $2,514
Household of 4 175% $45,850 $3,820
Other Requirements
o Assistance limited to one month
Approval and Payment Processing
o County has sole authority over approval.
o County Housing & Community Development Division staff will provide County Finance
Department with check requests and supporting documentation.
o Checks will be processed by Arapahoe County and provided directly to landlords within
approximately 3 weeks.
o County staff will contact landlords to inform them that client has been approved and
check request is made.
o County may send email “promissory note” to landlords who require such.
Reporting & Records
o County will report to City the number of households assisted on Friday of each week.
o County will maintain electronic program records for minimum of 3 years.
City‐County Transfer of Funds
o County will invoice City of Englewood for reimbursement as needed.
o City will remit payment within two weeks of County invoice.
Page 186 of 186