HomeMy WebLinkAbout2020-06-15 (Special-Regular) Meeting Agenda Packet
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Teleconferenced
Englewood, CO 80110
AGENDA
Teleconferenced City Council Special/Regular
Meeting
Monday, June 15, 2020 ♦ 6:00 PM
This City Council Special / Regular meeting will be held by teleconference.
To view the meeting, please follow this link to our YouTube live stream link
https://www.youtube.com/watch?v=DzXmO3GGBlg
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Study Session Topic
a. Communications Director Chris Harguth will be present to discuss a website update.
Pdf
b. Finance Director Maria Sobota will be present to discuss the Procurement Policy and
Procurement Procedural Document Review.
Pdf
5. Consideration of Minutes of Previous Session
a. Minutes of the Regular City Council Meeting of June 1, 2020.
Teleconferenced City Council Special/Regular - 01 Jun 2020 - Minutes - Pdf
6. Appointments, Communications, Proclamations, and Recognition
a. Resolution appointing members to various boards, committees and commissions.
Pdf
b. Resolution appointing members to Sewer and Water Board
Pdf
c. Resolution appointing members to Planning and Zoning Commission
Pdf
7. Recognition of Scheduled Public Comment
The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior
to the meeting, through the City Clerk’s Office. This is an opportunity for the public to address
City Council. There is an expectation that the presentation will be conducted in a respectful
manner. Council may ask questions for clarification, but there will not be any dialogue. Please
limit your presentation to five minutes. Written materials for presentation to Council may be
submitted to the City Clerk.
8. Recognition of Unscheduled Public Comment
If you would like to sign-up to speak for public comment at the upcoming City Council
Page 1 of 163
Englewood City Council Regular Agenda
June 15, 2020
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.
meeting for Monday, June 15, please visit
https://englewoodco.zoom.us/webinar/register/WN_m8G8mvLdQQ2RytMAVVFQPQ and register!
You will receive a unique and personalized invitation by email to join the meeting. Every speaker
who wants to register should sign-up with their own email address. If you do not have an email
address or if you have any questions regarding this process, please reach out to the City Clerk's
Office at CityClerk@englewoodco.gov or call 303-762-2430.
Citizens may also submit written public comments to the City Clerk's Office at
CityClerk@englewoodco.gov until 12 p.m. Tuesday, June 16.
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.
Council Response to Public Comment.
9. Consent Agenda Items
a. Approval of Ordinances on First Reading
b. Approval of Ordinances on Second Reading.
i. CB 22 - Ordinance to submit a ballot issue to electors, re: C.R.S 29-27-101 et
seq
Pdf
Staff recommends City Council approve, by Ordinance, to submit a ballot issue to
electors allowing the City to opt out of C.R.S. 29-27-101, et seq., an action that
would exempt Englewood from State limitations on provision of broadband
services. Staff: Information Technology Director Margaret Brocklander
c. Resolutions and Motions
10. Public Hearing Items
11. Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading
i. CB 23 - An ordinance to submit a ballot issue to electors, re: Lodging Tax
Pdf
Staff recommends City Council approve a Bill for an Ordinance to submit a
ballot issue to electors allowing the City to raise the sales tax upon
lodging, i.e. "Lodgers' Tax". Staff: Finance & Administrative Services
Director Maria Sobota
ii. CB 24 - Intergovernmental Agreement - RTD and City of Englewood
Page 2 of 163
Englewood City Council Regular Agenda
June 15, 2020
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.
Pdf
Staff recommends City Council approve a Bill for an Ordinance for an
Intergovernmental Agreement (IGA) between the Regional Transportation
District (RTD) and the City of Englewood for cost sharing of the Englewood
Trolley service. Staff: Planning Manager Wade Burkholder
iii. CB 25 - Concerning the Creation and Organization of the Englewood Downtown
Development Authority (DDA)
Pdf
Supplemental Memo re DDA Ord.
PowerPoint
Staff recommends City Council approve a Bill for an Ordinance concerning the
creation and organization of an Englewood Downtown Development Authority.
Staff: Redevelopment Manager Dan Poremba and Senior Planner John
Voboril
b. Approval of Ordinances on Second Reading
c. Resolutions and Motions
12. Covid-19 Update
13. General Discussion
a. Mayor's Choice
b. Council Members' Choice
14. City Manager’s Report
a. Review Outline for Police Reform Initiative
Council Memo re Police Study Session
15. City Attorney’s Report
16. Adjournment
Page 3 of 163
STUDY SESSION
TO: Mayor and Council
FROM: Chris Harguth
DEPARTMENT: Communications
DATE: June 15, 2020
SUBJECT: Web Site Update
DESCRIPTION:
Web Site Update
RECOMMENDATION:
Budget $40,000 for upgrades to city website
SUMMARY:
In 2016, Vision Internet began the process of updating the city's website at a cost of $10,000.
The scope of work involved was:
• Organizing website content,
• Creating a homepage layout wireframe that shows the placement of key information and
dynamic content,
• Homepage template design revision,
• Designs for three interior page templates.
The new site was launched in 2017.
In 2019, as complaints about the website mounted, a website committee was convened under
the direction of a new Communications Department. The committee is comprised of employees
from each department and Council Member Cheryl Wink.
ANALYSIS:
From 2017 until 2019, the city did not have a full-time staff member who was responsible for
maintaining the city's website. While pages are updated by individual departments, critical
maintenance was not performed. In 2020, under the direction of Digital Content Specialist Lucia
Magnuson and the web committee, critical maintenance issues were identified and corrected.
Website improvements include:
• Upgrading our search functionality to what's called "Search 2.0"
• Deleting more than 10,000 expired calendar events that were appearing in new
searches
• Fixing or deleting 400 broken links
• Implementing the Siteimprove software that improves performance and critical scores for
search engine optimization and accessibility
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The website committee identified other improvements that will greatly improve the user
experience. Unfortunately, because our updated website in 2016/2017 was a template, we have
very limited options with making changes to the site. We are unable to make structural upgrades
to the home page template or internal templates without upgrading to a custom site or
upgrading to a new template.
FINANCIAL IMPLICATIONS:
$32,000 for a custom website or $12,000 for a new template. Both options would contain a
module for us to create our own micro sites. Neither option would require us to change website
company vendors or likely require us to negotiate a new contract. Both options would contain a
module for us to create our own micro sites. Funds for either option may be located in the
Communications budget for 2020 because of staffing change salary savings and benefits cost
savings.
ALTERNATIVES:
Options:
1. Start over with a new custom site which would allow for future growth and customization.
2. Adopt a new template.
3. Keep our current site and make as many improvements as possible.
CONCLUSION:
Staff is recommending that we start over with a custom site. This will ensure that in future year's
we have complete control over the structure and design of our site as the city and our
organization evolves. Adopting a new template will leave us in the same situation as we outgrow
the new site or want to recommend major changes/upgrades.
Page 5 of 163
Status Update on Web Committee & englewoodco.gov
June 15, 2020
Page 6 of 163
Website History
1.In 2016, Vision Internet began the process of updating the city's website at a cost of $10,000.
The scope of work involved was:
•Organizing website content
•Creating a homepage layout wireframe that shows the placement of key information and dynamic content
•Homepage template design revision
•Designs for three interior page templates
•The new site was launched in 2017
2.In 2019 a web committee was formed which included employees from each department and Council Member Cheryl Wink
3.In 2020, under the direction of Digital Marketing Content Specialist Lucia Magnuson and the web committee, critical maintenance
issues were identified and corrected.Page 7 of 163
Page 8 of 163
•Upgrading our search functionality to what's called "Search 2.0“
•Adjusted main navigation and sub-navigation in order to improve user flow
•Implementing the Site Improve software (approved by City Council for the 2020 budget)
-This software improves performance and critical scores for search engine optimization and accessibility
-Have fixed 142 issues across all 3 categories (Quality Assurance –included fixing 400 broken links, Accessibility, and SEO)
•Created website guidelines and how-tos as a foundation for future administrators
•Improved search functionality even further by deleting over 10,000 past events from our online calendar
Improvements So Far
QUALITY ASSURANCE
•Current: 91.2/100
•Old: 61.5/100 (March 30, 2020)
•Industry benchmark is 80.2
ACCESSIBILITY
•Current: 78.4/100
•Old: 75.5/100 (March 25, 2020)
•Industry benchmark is 73.7
SEO
•Current: 84.7/100
•Old: 72.2/100 (February 14, 2020)
•Industry benchmark is 78.0
Site Improve Statistics
Page 9 of 163
The website committee identified other improvements that will greatly improve the user experience. Unfortunately, because our updated
website in 2016/2017 was a template, we have very limited options with making changes to the site. We are unable to make structural
upgrades to the home page template or internal templates without upgrading to a custom site or upgrading to a new template.
The Issue
Page 10 of 163
OUTSIDE WEB DEVELOPER RESEARCH
•Developer A
-$65,000 to $120,000
•Developer B
-$67,500
•Developer C
-$30,000 -$40,000
Cost for a New Website
GRANICUS (Current Platform)
•We have an $8,000 re-design credit that expires in February of 2021
•$32,000 for a complete website redesign with a custom built template and
access to the GovAccess Developer Toolkit ($4,000) –Credit Included
•$12,000 for a pre-built template with limited customization and access to
the GovAccess Developer Toolkit ($4,000) –Credit Included
GOVACCESS DEVLOPER TOOLKIT (MICROSITE TOOL)
The govAccess Developer Toolkit is a suite of advanced CMS features that are intended
for advanced CMS Users. These features can be summarized by the following:
1.Subsite Builder:CMS Users create facsimile subsites that have unique logos, main
navigation, header/footer content, and can utilize the Home Page Template.
2.Custom Content:CMS Users can create Custom Content objects.
3.Component Builder:CMS Users can create their own custom components.
4.A new Security Role for providing users with access to Developer Toolkit functionality.Page 11 of 163
1.Start over with a new custom site that would allow for future growth and customization -$32,000
2.Adopt a new template -$12,000
3.Keep our current site and make as many improvements as possible
Options
Staff Recommendation
•Start over with a new custom site that would allow for future growth and customization -$32,000
o We have complete control over the structure and design of our site as the city and our organization evolves
o Adopting a new template will leave us in the same situation as we outgrow the new site or want to recommend major
changes/upgrades
Page 12 of 163
Questions?Page 13 of 163
STUDY SESSION
TO: Mayor and Council
FROM: Maria Sobota
DEPARTMENT: Finance
DATE: June 15, 2020
SUBJECT:
Procurement Policy and Procurement Procedural Document
Review
DESCRIPTION:
Procurement Policy and Procurement Procedural Document Review
RECOMMENDATION:
City Council is being asked to review updates to the Procurement Policy (last updated May,
2019) and the Procurement Policy Procedural Document (last updated in 2016).
PREVIOUS COUNCIL ACTION:
City Council is being asked to review updated documents for the first time during this Study
Session.
SUMMARY:
Procurement Procedural Document - Best Value Discussion
Staff recommends City Council review the attached Proposed Procurement Procedural
Document, last updated in 2016. The document has been updated to include the City's Charter
language regarding competitive bidding, vendor selection (specifically regarding lowest and best
bid) and defines best value attributes that Staff should consider when evaluating vendor
proposals. Per Charter, Staff is required to seek approval from City Council if the lowest bid is
not accepted as being the best bid. Per the updates to the procedural manual, Staff would be
required to identify the best value attributes used to select a vendor. Best Value attributes that
may be evaluated in vendor responses, include:
• Past performance and experience in successfully completing similar projects, including
timeliness, budgetary performance, and quality of final building projects;
• Project management capabilities and experience;
• Contractor responsibility, including safety history and safety programs; financial, bonding
and insurance capacity; and past claims, litigation, convictions, and history of business
practices;
• Personnel available for the project, including the utilization of local labor, personnel
recruitment, and workforce training and development;
• Employee total compensation packages, including retirement and benefit programs; and,
• Other project-specific criteria that may be relevant.
Page 14 of 163
The primary goals of including this requirement in the procedural document are to encourage
more participation from qualified vendors and to continue to ensure the quality of construction
with work done right by trained labor. Subtle changes in the City's process to review bids will
also closely align with the procurement practices set forth in Senate Bill 19-196 (See Attached
Senate Bill 19-196). Senate Bill 19-196 for contracting reform consists of two parts:
o Establishing a prevailing wage policy to promote employment for Colorado
residents, who pay taxes back to the state; and,
o Revising certain aspects of the state contracting code to ensure projects have a
reliable supply of properly trained craft labor.
The City is not required by law to follow this State statute, however, Council is being asked to
review changes that promote best value selection for future contracts.
Procurement Policy - Recommended Changes
Staff is also requesting City Council to review the following proposed updates to the
Procurement Policy in effect since May, 2019 (See Attached Proposed Procurement Policy
TBD, 2020) :
• Updated emergency purchase approval process
• Updated change order approval levels
• Changed title for IT purchase review from IT Manager to IT Director
In 2019, the City entered into a contract with Arapahoe County for emergency services. At that
time, the County evaluated the City's emergency purchase policy for items equal to or greater
than $100,000. During discussions with the County, Staff determined that the current policy,
requiring a Special Session be held with all City Council Members present within 24 hours to
approve emergency purchases equal to or exceeding $100,000, may impede the ability of Staff
to address a critical community need. Staff is recommending City Council consider a new policy
that requires the Mayor and Mayor Pro Tem (or two City Council designees) approval of
Emergency Purchases equal to or greater than $100,000 prior to purchase. The proposed
change would also require emergency purchase contracts approved by the Mayor and Mayor
Pro Tem be brought forth at the next possible Regular City Council Meeting for approval.
Staff is also asking Council to consider updating the requirements for change orders to be
brought forth for approval. The current Policy triggers Council action for very low dollar amounts
on smaller contracts. The revision would apply only to contracts greater than $100,000. City
Council's approval would be required on all change orders greater than $100,000 and/or 10%
(per individual change order) or = to or > than 25% (rather than 10% in the current Policy) of the
original contract price (for original contracts $100,000 and over). The only recommended
change is increasing the percentage from 10% to 25% of the original contract price (for original
contracts $100,000 and over).
The last change is self-explanatory. Staff is asking City Council to review and discuss the
proposed changes to the Procurement Procedural document and updates to the Procurement
Policy. Changes to the procedural document do not require City Council's approval. Staff is
seeking direction only. If Council generally agrees to the Procurement Policy changes, Staff will
present an ordinance for Council review and approval at a subsequent Regular Meeting.
Page 15 of 163
ANALYSIS:
Not Applicable
FINANCIAL IMPLICATIONS:
The changes recommended to the Procurement Policy do not have financial implications. The
modifications to the City's Procurement Procedural Document may have moderate financial
implications, however, the cost/benefit of considering best value methodologies in procurement
practices will be discussed among City Council members during the Study Session.
ALTERNATIVES:
City Council may suggest alternative considerations for modifications to the Procurement Policy
and the Procurement Procedural Manual.
CONCLUSION:
Staff is seeking City Council's direction regarding bringing forth an ordinance at a later date to
revise the current Procurement Policy and to incorporate changes as described to the
Procurement Procedural Document (no formal action will be required by City Council on this
item).
ATTACHMENTS:
Proposed Procurement Procedural Document June 2020
Proposed Procurement Policy TBD 2020
Senate Bill 19-196
Page 16 of 163
`
City of Englewood Procurement
Procedural Document Supporting the
Procurement Policy Dated June, 2020
Revised: June, 2020
1000 Englewood Parkway
Englewood, CO 80110
303-762-2300
Page 17 of 163
Table of Contents
1.0 Purpose....................................................................................................................................... 3
2.0 Objectives ................................................................................................................................... 3
3.0 General Guidelines .................................................................................................................. …4
4.0 Compliance ................................................................................................................................. 4
5.0 Conflicts of Interest...................................................................................................................... 5
6.0 Authorization Levels and Required Procedures ........................................................................... 5
7.0 Roles ........................................................................................................................................... 7
8.0 Bidding ........................................................................................................................................ 9
9.0 Non-Competitive Purchases ...................................................................................................... 13
10.0 Contracts ................................................................................................................................... 14
11.0 Payments .................................................................................................................................. 16
12.0 Miscellaneous Purchasing Procedures ...................................................................................... 16
Glossary .............................................................................................................................................. 19
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COE Procurement Procedural Manual
Page 3 of 19
1.0 Purpose
The Procurement Procedural Document supports the Procurement Policy updated on TBD,
2020. The purpose of the procedural document is to provide city wide standards for the
purchase of all goods and/or services on behalf of the City of Englewood. The Policy and the
Procedural Document are intended to assure transparency in the purchasing process, fair
competition between vendors, and to promote fiscal stewardship while providing for timely
purchases with the best pricing, competition, quality and customer service. This policy is
promulgated and implemented by the City Manager under the authority of Englewood Municipal
Charter Part IV, § 111 - §118 and E.M.C. 4-1-3-1(E).
2.0 Objectives
Overall, the City of Englewood is committed to purchase goods and services based on a competitive
selection process taking into consideration the qualitative benefit and overall cost submitted in all bids
or quotes. A primary goal of the City during the procurement process for contracted work is to seek
participation by many qualified bidders who provide quality goods and services and employ a highly
trained workforce, paying the prevailing market rates.
In an effort to encourage vendors to submit proposals in response to the City of Englewood’s bids, the
guidelines outlined in Senate Bill 19-196 CONCERNING THE MODIFICATION OF PROCUREMENT
REQUIREMENTS FOR STATE CONTRACTS FOR PUBLIC PROJECTS, will be considered in
procuring City goods and services.
In selecting goods and services providers, the City of Englewood has the following objectives:
1. Ensure Best Value: Procurement of all goods and services achieve the best value for the
City as defined below*;
2. Pricing: The City receives the required product or service with the best value at a
competitive (not always the lowest) price. See Charter Part IV, § 113 – Competitive
Bidding, stating, “the lowest and best bid shall be accepted or all bids will be
rejected. If the lowest bid is not accepted as being the best, such rejection must
be approved by Council. Provisions in this section shall not apply to professional
or technical services, or services of regulated public utilities. All invitations to bid
shall require bidders to meet the requirements of State Statutes regarding
preference of State products”;
3. Seek Competition: Provide vendors equal opportunity to sell to the City;
4. Obtain Quality: Use the purchasing and bidding parameters, to acquire the highest quality
product and service for the City;
5. Consider Local Vendors: Per the City of Englewood’s Charter Part IV, § 114 – Local
Purchases, stating, “Whenever a product not subject to competitive bidding is
available by specification, quantity and quality within the City, and the price is
comparable with outside suppliers, the purchase shall be made from local
sources”; and,
6. Achieve Outstanding Customer Service: Utilize vendors that are consistent, reliable,
knowledgeable timely throughout the procurement process.
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COE Procurement Procedural Manual
Page 4 of 19
* Best Value attributes that may be evaluated in vendor responses, include:
• Past performance and experience in successfully completing similar projects, including
timeliness, budgetary performance, and quality of final building projects;
• Project management capabilities and experience;
• Contractor responsibility, including safety history and safety programs; financial, bonding and
insurance capacity; and past claims, litigation, convictions, and history of business practices;
• Personnel available for the project, including the utilization of local labor, personnel
recruitment, and workforce training and development;
• Employee total compensation packages, including retirement and benefit programs; and,
• Other project-specific criteria that may be relevant.
3.0 General Guidelines
The following general guidelines apply to all employees purchasing goods or services on behalf of
the City of Englewood. All purchases must comply with these general guidelines.
Except as otherwise provided in the Policy, it will be prohibited for any City employee to order the
purchase of any material, supply, equipment, construction, or service other than through the
requirements of this policy.
General Provisions/Restrictions:
• No personal purchases will be made using the City funds.
• Sales tax is not to be charged on any purchase; the City of Englewood’s (COE) tax-exempt
number should be given to the vendor before the sale is completed; information on the City’s
tax-exempt status can be acquired from the COE Finance Department.
• All purchases must be included in the current budget, or a supplemental budget appropriation
must first be presented to and approved by City of Englewood Council
• Inclusion in the budget is not an approval of a purchase.
• Purchases shall not be split into multiple transactions (i.e., reducing a single, identifiable,
large purchase into any number of smaller purchases under established purchasing
thresholds), to avoid any requirements of this Policy.
• Alcohol for consumption will not be purchased with the City funds.
• Change Orders at certain dollar limit and percentage thresholds must be approved by City
Council as set forth in the Procurement Policy.
• Emergency purchases meeting the City Council approval threshold in the Procurement Policy
require Council or designee(s) approval within 24 hours of the emergency; Formal Council
request follows at a scheduled Regular Meeting as soon as possible after purchase is made.
4.0 Compliance
Compliance with this Policy is imperative for the maintenance of adequate internal controls. The
City may seek disciplinary action for employees who engage in agreements made contrary to
these policies.
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COE Procurement Procedural Manual
Page 5 of 19
Examples of unauthorized purchasing acts may include:
• Any purchase not made by City employees.
• Any purchase made without the current availability of sufficient funds.
• Ordering, receiving, and acceptance of goods without proper approvals or splitting purchases
to circumvent City’s competition requirement.
• Directing a contractor to proceed without a fully executed contract.
Any obligations incurred in violation of this policy may become the responsibility of the
individual who authorized the obligation without the authority of the City.
Misuse of Privileges
Unauthorized purchasing actions, including personal use, may be a misuse of City funds. Any
alleged misuses of privileges will be investigated, and any disciplinary action warranted will be
taken under the City of Englewood Administrative Policy. Noncompliance with this policy will be
documented and communicated to the City Manager, and may cause the loss of procurement
privileges. Any employee of the City who willfully violates the provisions of this policy shall be
subject to disciplinary actions up to and including dismissal or discharge, as well as civil and/or
criminal action.
5.0 Conflicts of Interest
A conflict of interest is a situation in which a person is in a position to derive personal benefit from
actions or decisions made in their official capacity or when someone acts in their own interest
rather than the interest of the organization.
If a potential conflict of interest exists or is perceived to exist, the employee is required to notify
his or her supervisor concerning the matter in writing and seek approval prior to making such
purchase. The supervisor will forward the information to the City Manager. Failure to disclose a
conflict of interest as soon as it is known, or suspected, is a violation of the City of Englewood’s
Administrative Policy. Any potential unlawful violations will be reported to the appropriate law
enforcement agency.
6.0 Authorization Levels and Required Procedures (Per Procurement Policy)
$0 - $4,999
• Supervisor approval is required for purchases up to $4,999
• Quotes are not required but are recommended
• Purchases should be made via PCard unless the vendor charges fees for credit card
transactions; in these instances, submit invoice for payment to the Accounts Payable
Department upon receipt of goods or services
• IT purchases require IT Director Approval
• Legal Services Require City Attorney Approval
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COE Procurement Procedural Manual
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$5,000 - $9,999
• Department Director approval is required for purchases between $5,000 and $9,999
• Two or more written quotations, a purchase recommendation memo, or optimal source/best
value memo can be written (preferred, but not required), but a purchase order is required for
any expenditure exceeding $4,999 but under $9,999
• Purchase orders must be prepared prior to making the purchase or requesting the service
• IT purchases require IT Director Approval
• Legal Services Require City Attorney Approval
$10,000 - $49,999
• City Manager approval is required for purchases equal to or above $10,000. (City Council
approval is not required up to $99,999)
• Two or more written quotations, a purchase recommendation memo or optimal source/best
value memo and purchase order are also required
• A formal competitive process is not required but is recommended for these purchases
• Purchase orders must be prepared prior to making the purchase or requesting the service
• IT purchases require IT Director Approval
• Legal Services Require City Attorney Approval
$50,000 - $99,999
• City Manager approval is required for purchases equal to or above $50,000 (City Council
approval is not required up to $99,999)
• Purchases exceeding $49,999 require a formal competitive process (i.e. Invitation to Bid,
Request for Proposal or Request for Quote), unless these purchases are for professional
services, or otherwise exempt from these requirements under Section 8.0 (Bidding) or Section
9.0 (Non- Competitive Purchases); For exceptions noted in these sections, competitive quotes
or bids are recommended
• Purchase orders must be prepared prior to making the purchase or requesting the service
• IT purchases require IT Director Approval
• Legal Services Require City Attorney Approval
$100,000 and over
• City Council approval is required for purchases of $100,000 and over
• In addition, purchases exceeding $99,999 require a formal competitive process (i.e. Invitation
to Bid, Request for Proposal or Request for Quote) unless these purchases are for
professional services, or otherwise exempt from these requirements under Section 8.0
(Bidding) or Section 9.0 (Non- Competitive Purchases); For exceptions noted in these
sections, competitive quotes or bids are recommended
• Purchase orders must be prepared prior to making the purchase or requesting the service
• IT purchases require IT Director Approval
• Legal Services Require City Attorney Approval
* Purchasing memos are not required for the procurement of bulk process chemicals.
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COE Procurement Procedural Manual
Page 7 of 19
7.0 Roles: Department / Finance (Procurement) / City Attorney / City Mgr
Staff will evaluate qualitative criteria in addition to price when evaluating quotes or competitive bids
and is required to complete the responsibilities list below in a timely manner to ensure the quality
and value of the goods/services can be properly compared to price determining best value.
Clarification of roles is provided below to ensure the City provides the robust, timely project
information and details to allow vendors to provide the most qualified and competitive bids available
in the market.
The following City of Englewood roles are outlined to clarify responsibilities of the
individuals directly involved in the procurement of goods and services for their department.
Purchaser - Project Manager engages Procurement Division at least ten (10)
business days prior to posting on external bid site:
• Aid in the development and review of the specifications or scope of work for the pre-
qualification solicitation;
• Develop the advertisement for the newspaper or publication;
• Develop the vendor solicitation list; and,
• Distribute the pre-qualification solicitation.
Purchaser - Project Manager (Additional Responsibilities)
• Minimize or eliminate disruptions in operations resulting from the lack of material, equipment,
or supplies;
• Procure the highest quality goods and services at the lowest possible price in a timely
manner;
• Ensure adequate funds are budgeted and available for purchases prior to committing to any
purchase;
• Inspect all deliveries promptly to ensure that orders are properly filled and that materials are
received in good condition;
• Avoid duplication, waste, and obsolescence with respect to the procurement of goods and
services;
• Maintain good vendor relations;
• Preserve good business relations, reputation, competitive pricing, and vendor confidentiality;
• Manage the disposal of items no longer of use to the City;
• Protect the City and its ratepayers from harm, loss, or damage related to purchasing
activities; and,
• Reconcile PCard each month.
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COE Procurement Procedural Manual
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Purchaser - Department Director
• Ensure adequate funds are budgeted and available for purchases prior to committing to any
purchase;
• Ensure all employees involved in the procurement process are familiar with the policies and
procedures;
• Ensure proper purchasing procedures are followed;
• Anticipate and communicate plans with the COE Finance Department with regard to
contracts; and,
• Identify item(s) as capital assets to be tracked in the asset management system. Date
received, model number, serial number, and detailed description of asset must be submitted
to the designated asset manager.
Department Director
• Ensure proper purchasing procedures are followed;
• Ensure all required approvals are obtained prior to purchase;
• Ensure adequate funds are budgeted and available for purchases prior to committing to any
purchase;
• Delegated purchasing authority;
• May delegate purchasing authority to City employees as required to facilitate the activities
within their scope of responsibility and establishes internal procedures for procurement; and,
• Approve emergency purchases and ensure the proper process is followed.
City of Englewood Council
• Approve all purchases of $100,000 and over;
• Approve all Ordinance changes impacting the City;
• Approve all purchases of Real Estate in any amount by ordinance impacting the City;
• Approve all property related transactions impacting the City; and,
• Review and approve the annual City budget.
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The following City of Englewood roles are outlined to clarify responsibilities in accordance
with the administrative and support functions provided by the City of Englewood.
City of Englewood Finance Department (Procurement Administrator)
• Acts as organizational procurement representative, assisting staff with purchasing
procedures, communicating with vendors and collaborating with the COE Finance
Department;
• Ensure proper purchasing procedures are followed;
• Offer ongoing procurement training as needed for City and SPWRP employees; and
• Verify all purchases are charged to the proper accounts;
• Administer the PCard program;
• Assist with financial communications with the COE City Attorney’s Office;
• Coordinate the competitive bid process (i.e. Invitation to Bid);
• Prescribe, maintain, and complete various financial documents to implement and support
purchasing procedures; and,
• Coordinate the disposal of goods bid process.
City of Englewood Attorney
• Review and approve all contracts including terms and conditions to ensure contracts, etc.
are made in conformance with state and federal laws and regulations; and,
• Review outside legal services invoices prior to payment.
Englewood City Manager
• Approve City of Englewood purchases of $10,000 or greater; and
• Approve all purchases in the COE Finance Enterprise Resource Planning system that have
been approved by the Supervisory Committee as a representative of the Supervisory
Committee.
8.0 Competitive Purchases
All purchases of goods and services in excess of $49,999 will be subject to the requirements
described in this section; except services of regulated public utilities or other governmental
agencies, or emergency purchases, are exempt from this section. In addition, professional or
technical services do not need to comply with the competitive bidding requirements described in
this section, but these procedures are encouraged by this Policy. If a vendor is not selected by a
competitive process, optimal source/best value justification is required. Please refer to the
Cooperative Purchasing, Professional Services and Emergency Purchases sections for more
information.
Competitive Process
Solicitation for supplies, materials or equipment, and contracts for services and construction may
utilize Invitation to Bid (ITB), Request for Quote (RFQ), or Request for Proposal (RFP) at the
discretion of the Procurement Officer.
Prequalification of Suppliers
Prospective suppliers may be pre-qualified for particular types of supplies and construction by
adhering to the procedures stated in this policy. Solicitation mailing lists of potential contractors
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may include, but cannot be limited to, such pre-qualified suppliers.
The pre-qualification process will utilize the following general evaluation criteria for each
submitting vendor:
1.) Past performance and experience in successfully completing similar projects, including
timeliness, budgetary performance, and quality of final building projects;
2.) Project management capabilities and experience;
3.) Contractor responsibility, including safety history and safety programs; financial, bonding
and insurance capacity; and past claims, litigation, convictions, and history of business
practices;
4.) Personnel available for the project, including the utilization of local labor, personnel
recruitment, and workforce training and development;
5.) Employee total compensation packages, including retirement and benefit programs; and,
6.) Other project-specific criteria that may be relevant.
The Procurement Division, in cooperation with the respective department Staff, will develop a draft
pre-qualification solicitation for planned qualifying projects, including specific evaluation criteria.
A pre-qualification review team will be selected including cross functional staff. Vendors may be
asked to provide oral presentations on their submissions.
The Procurement Division will utilize the list of pre-qualified vendors to solicit either a formal
Request for Proposal (RFP) or Formal Invitation for Bid (IFB). Evaluation criteria for the RFP will
include the specific project plan and any other criteria unique to the project. Neither the bid nor
the RFP will request or reevaluate the criteria contained in the pre-qualification process, but will
require reaffirmation from the vendor that the same conditions exist as presented in the pre-
qualification response, or alternatively, that any changed conditions be updated and explained.
The solicitations will be administered through the City of Englewood and the Rocky Mountain E-
Purchasing website (https://www.bidnetdirect.com/colorado). Contracts and General Provisions
will be administered through the COE Procurement Administrator and Procurement Staff.
Invitation to Bid
An invitation to bid (ITB) is a sealed bid process. The ITB will include a purchase description and
all contractual terms and conditions applicable to the procurement. The solicitations will be
administered through the City of Englewood and the Rocky Mountain E-Purchasing website
(https://www.bidnetdirect.com/colorado). Contracts and General Provisions will be administered
through the COE Finance Department.
An ITB notice will contain the following:
• A description of the project or work to be performed or the product or service to be purchased;
• Copies of plan specifications and other documents;
• The time and place where bids will be received and time and place where bids will be opened;
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• A statement that the City reserves the right to reject any or all bids and to waive any minor
informalities or irregularities;
• Time and budget limitations, if applicable; and
• A statement that the proposal is prepared at the submitter’s expense and becomes a City
record and therefore a public record.
Cancellation of Invitation to Bid
An invitation to bid or any other solicitation may be canceled, or any or all bids or proposals may
be rejected in whole or in part as specified in the solicitation, when it is in the best interest of the
City. The reasons therefore will be put in writing and made part of the contract file.
Addendum
If changes to the specifications are necessary after the bids have been published and advertised,
such changes will be accomplished using an Addendum. Any such Addendum will be sent to all
bidders via BidNet.
Bonds and Insurance
Bids requiring labor by a vendor shall be reviewed to determine if a bid bond, performance bond,
payment bond, Worker’s Compensation insurance, General Liability insurance, and Auto Liability
insurance are required.
The Englewood City Attorney’s office establishes minimum requirements for insurance and bonds
based on the Colorado State Statutes. Current requirements can be found in the Professional
Service Agreement and General Provisions. The requestor shall seek guidance from the COE
Procurement Administrator specific to required insurance.
All bids requiring the contractor to provide a Certificate of Liability will name the City
of Englewood as an additional insured. The Certificate of Liability must detail the department, work
to be performed and a description of the property and/or activity/operation that it covers and the
expected contract completion date.
Bid Opening
Bids not submitted by the required deadline are ineligible for consideration and will not be opened.
The Department Director or his/her designee may change the deadline. Bids will be opened
publicly in the presence of the Department purchaser and Procurement Staff; the time and place
will be provided in the Invitation to Bid notification. Each bid and such other relevant information
as specified by regulation, with the name of each bidder will be recorded; the record and each bid
amount will be open to public inspection.
Bid Evaluation and Award
The lowest responsive and responsible bid will be accepted or all bids will be rejected. If the lowest
bid is not accepted as the best, such rejection must be clearly identified for their best value and
approved by the Department Director in accordance with corresponding approval levels. Bids will
be evaluated based on the requirements in the bid documents, which may include criteria to
determine acceptability such as qualifications, technical approach, durability of equipment,
inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those
criteria that will affect the bid price and be considered in evaluation for award will be objectively
measurable, such as discounts, transportation costs, and total f or life cycle costs.
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If all bids received are for the same total amount or unit price, all bid criteria being equal, the
contract may be awarded to a bidder residing or having a place of business in the of Englewood.
If all bids exceed budgeted funds, the Department Director, or his designee, is authorized in this
situation where time or economic considerations preclude re-solicitation of work for a reduced
scope to negotiate an adjustment of the bid price, including changes in bid requirements with the
lowest responsible and responsive bidder to bring the bid within available funds if stated in the
Special Provisions of the solicitation.
Correction or Withdrawal of Bids – Cancellation of Awards
All decisions to permit the correction or withdrawal of bids or to cancel awards or contracts based
on bid mistakes will be supported by a written determination made by the Department Director or
designee.
Single Bidder
If only one responsive bid is received, an award may be made to the single co ntractor if their bid
is fair and reasonable. Proper documentation must be submitted. Otherwise, new bids will be
solicited.
No Response
If no responses are received by the Department for an ITB, the Department will reassess the project
to determine future/alternative procurement options.
Retainage
Retainage is a portion of the contract price that is deliberately withheld from payment until the
work is complete or substantially complete to ensure that the contractor or subcontractor(s) will
satisfy its’ obligations and complete the construction project. State Statutes dictate the amount of
retainage the Department can require.
Cooperative Purchasing
The Department Director, or his/her designee, has the authority to join in cooperative purchasing
of commodities, supplies, services and equipment under any general bid or purchase contract of
the United States Government, State of Colorado, other approved organizations, or related
professional entity (example: NASPO, National Association of State Purchasing Officers; MAPO,
Multiple Assembly of Procurement Officers). These purchases will be established at those prices,
terms and conditions set forth within such general bid agreement if the Department Director
deems the prices, terms and conditions to be in the best interest of the City.
Professional Services
Solicitation and Acceptance
The Department Director, or his/her designee, may use a Request for Proposal (RFP), Request
for Information (RFI), Request for Qualifications or Optimal Source/Best Value Justification to
solicit for a professional or technical service. The Department Director, or his/her designee, may
also use past work history with the City, business references or other reasonable criteria in
determining whether to accept a proposal for professional or technical services. The Department
Director or designee will determine, based on an evaluation of all proposals, which bidder best
meets the needs of the City, considering whether each firm:
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• Possesses adequate technical and financial resources to perform the project or services or
the ability to obtain the resources required for performance;
• Possesses necessary experience, organization and technical skills in the fields or the ability
to obtain them, including without limitation arrangements with subcontractors;
• Proposes a reasonable approach to achieve the project or service objectives;
• Has a satisfactory record of performance in developing and implementing similar projects or
providing similar services in other jurisdictions; and
• Will perform the project or services at a reasonable cost compared with the level of effort
expended.
9.0 Non-Competitive Purchases
When optimal source, best value, or emergency procurement situations arise or when standard
competitive processes are deemed non-practical, the Department Director may enter non-
competitive negotiations in the best interest of the City. A written determination of the basis for
the non- competitive negotiation and supplier selection will be included in the contract file.
Optimal Source
An optimal source purchase eliminates the competition for bids and is often subjected to intense
scrutiny by the public and suppliers of goods and services. A competitive bid is not required in the
procurement of maintenance agreements offered by the manufacturer or the purchase of
specialized equipment, devices, machinery, materials and parts, provided that the same are
available only from one source and no similar devices are available or able to satisfactorily serve
the needs of the City. In some situations, similar devices may be available, however the
incremental benefits provided should be included in the optimal source justification. Division
Deputy Directors are responsible for ensuring the validity of optimal source purchases and
providing adequate documentation for all optimal source purchases.
Qualifications Based Selections/Best Value
Qualifications Based Selection/Best Value Justification detailed explanation may include the
following information but is not limited to:
• Product and provider reliability
• Product and project understanding
• Product availability /a low risk solution
• Familiarization with the City of Englewood
• Solution ties into current system
Emergency Purchases
In cases of emergencies affecting public property, health and safety or permit violation, the
Department Director may waive the provisions of the competitive process and direct all
procurement of necessary materials, equipment or services in the open market including
purchases exceeding $100,000.
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Situations requiring an emergency purchase include threats to public property, health, peace, or
safety under emergency conditions or when delaying repairs would result in permit violations.
Examples of such situations include but are not limited to floods, earthquakes, tornados, severe
weather, equipment failures, operational work stoppage, spills, process interruptions or impending
facility failures. Lack of planning or noncompliance with the City Procurement Policy is not a valid
reason for an emergency purchase.
In the event of an emergency purchase over $100,000, the City shall prepare a written request
providing documentation of the basis for the emergency purchase and submit to the Mayor and
Mayor Pro Tem (or City Council member designees) through the City Manager. The Mayor and
Mayor Pro Tem (or City Council member designees) will review and communicate approval or
denial in advance of the emergency purchase. If approved, the purchase request will be submitted
for approval by City Council at the next possible Regular City Council Meeting. If the purchase is
an IT purchase, the IT Director’s signature is also required.
10.0 Contracts
Professional Services Agreement (PSA)
These services include, but are not limited to attorneys, consultants, engineers, architects,
programmers, plan review firms, etc. Each division handles the effective planning for its service
contract requirements.
• The authority and limits for procurement of professional or technical services shall be the
same as for any other purchase.
• PSAs must be executed for services over $10,000 prior to starting work. In addition,
Purchase Orders are required for any expenditure exceeding $5,000.
• The standard City of Englewood Professional Services Agreement is the preferred contract
for professional or technical agreements. Contracts must be processed by the COE Finance
Department and be reviewed by the Englewood City Attorney.
• Competitive bids are not required for professional or technical services but are encouraged
by this Policy.
• When a competitive process is not utilized for the procurement of professional or technical
services, selection shall be based upon demonstrated competency and qualification to the
type of service required by the City. While most professionals establish standard fees for
their services, when possible such fees should be negotiated.
• Negotiated professional services agreements shall include written documentation supporting
the selection of such professional.
Contract for service (CFS)
These services include, but are not limited to landscaping, snow removal, and building
maintenance that is non-construction related. Each division handles the effective planning for its
service contract requirements.
No contract for services will be made for a period longer than one year, unless authorized by an
ordinance. Leases are confined to one year unless Englewood and Littleton City Councils approve
an extended term.
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Purchase Order
A purchase order (PO) authorizes a vendor to release goods or services to the City and informs
them that funds have been encumbered to pay for the goods and services. It serves as a binding
agreement that describes the quantity and quality of the required goods or services. The purchase
order will encumber the appropriations account.
The primary reasons for issuing a purchase order are:
• To facilitate prior approval for large dollar purchases above $5,000;
• To ensure adequate funds and to encumber funds in the accounting system;
• To ensure adequate product specification for vendors, and/or,
• To facilitate vendor requirements.
Purchase Order requirements:
• The requesting division shall be responsible for quotes, recommendation memo, designating
vendors.
• Purchase Order requests must follow the threshold guidelines. Proper documentation must
be submitted with requests, and may include purchase recommendation memos, quotes, or
contract.
• All Purchase Orders must have proper approval to be assigned a Purchase Order number
prior to executing an agreement (i.e. contract) with vendors.
Open Purchase Order
An Open Purchase Order is a Purchase Order that has been issued to a vendor, against which
specified purchases may be made for a specified period of time, when repeated purchases of the
same type of supply items are expected. This request must be accompanied by a justification
memorandum. Standing purchase orders are issued for supply type items and services only.
Open Purchase Orders do not commit the City to purchase any merchandise or service from the
vendor. They are issued to advise of the merchandise and/or service the City will require, establish
terms and pricing where applicable, establish dollar limits, either per release or per month,
establish personnel authorized to make releases against these orders and outline the ordering,
receiving and invoicing procedure. Any merchandise and/or service properly released and
shipped against an Open PO is covered by the terms and conditions of the Purchase Order. Open
PO’s will encumber funds in the current year but open balances will not be carried over to
subsequent years.
The requesting division will determine the approximate quantity needed and estimated amount
that will be spent during the fiscal year for a particular product or service.
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Change Orders
A change order recognizes changes on jobs that may cause amendments to the project time
schedule and/or cost. Change orders that result in additional costs will comply with the following
requirements:
• Change orders <$5,000 require Project Manager and Department Director approval.
• Change orders >$5,000 require all of the above & City Manager approval.
• Change orders >$100,000; and/or 10% (per individual change order) or = to or > than 25%
of original contract price (for original contracts $100,000 and over) – (Include Contract
Language), require all of the above & City Council approval.
A completed Change Order Request Form and documentation from the vendor must accompany
every change order as well as a Change Purchase Order Request must be submitted in the ERP
system.
11.0 Payments
Purchasing Cards (PCard)
A purchasing card (PCard) is a form of COE payment that allows goods and services to be
procured using a city credit card. Purchasing cards are a convenient method of making routine,
small purchases as well as larger purchases within the confines of the Purchasing Card Policy.
City employees are expected to follow the COE policies and procedures related to PCard use,
including reviewing and approving transactions according to a set schedule (monthly). The City
has implemented a variety of controls for each PCard; for example, single-purchase dollar limits,
monthly limits, merchant category code (MCC) restrictions, etc.
For detailed information, please refer to the City of Englewood Purchasing Card Program Policy and
Procedures Manual updated in January, 2020.
Purchase Order Payments and Checks
Once goods are received and/or services have been rendered and deemed complete, invoices
shall be submitted to the Accounts Payable for processing. Directors must approve all invoice
batches prior to payment issuance by the COE Finance Department. Approvals shall be submitted
each Tuesday for payments issued each Friday with the exception of City of Englewood holidays.
12.0 Miscellaneous Purchasing Procedures
Professional Dues and Licenses
Professional dues, licenses, and memberships to associations and organizations that benefit the
Department will be paid from each Department funds with supervisor approval but will be the
responsibility of the employee to obtain and maintain. Examples include, but are not limited to
CDL, professional engineer license, and operator licenses, etc.
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Purchases of Food/Meals
Food/Meals for employees will be paid with a PCard at a reasonable level, for approved expenses.
Examples include, but are not limited to the items listed below. Exceptions require written approval
of the Department Director. Please refer to the Purchasing Card (PCard) Program Policy and
Procedural Manual dated January, 2020.
The PCard Policy provides information related to food purchases for:
• Events;
• Meetings;
• Training;
• All Staff Meetings;
• Employee Recognition;
• Off-site Business Meetings;
• Outside Agency Meetings; and
• Recognition/Celebration events as approved by Department Director.
Purchase of Flowers
Director shall authorize the purchase of flowers or a house plant for employees hospitalized or if
the death of an employee occurs or immediate family member. A maximum dollar amount of $75
plus delivery is authorized.
Travel/Special Event/Special Occasion
The City will not reimburse employees for the cost of activities social in nature even if they occur
while the employee is out of town on City related business. If the expense is an additional cost at
a seminar/conference, such activities will NOT be paid with City’s funds. Examples of items that
will NOT be paid include: entertainment, alcohol, birthday lunches, observation of Secretary’s Day
or Boss’s Day, etc.
Computer Hardware/Software
All such purchases must be approved by the Director or designee AND the IT Director.
Receiving Procedure
When the material or service is delivered, the authorized agent of the department, as assigned
by the Director, will inventory and inspect the delivery to ensure the material(s) and/or service(s)
are listed on the shipping document and are in acceptable condition. If all materials are received
in acceptable condition and a PCard was not used, the receiver shall submit the invoice to the
Accounts Payable Department for payment. If material(s) and/or service(s) received are damaged
or defective, they should not be accepted. If possible, notation should be made upon the receipt
in the presence of the delivery agent.
Transfer of Assets
All capital assets considered for interdepartmental transfer require documentation to be sent to
the COE Finance Department.
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Disposal of Goods
The Department Director shall determine the value of surplus items no longer of use to the City.
• Articles with de minimis value may be disposed of in a manner most advantageous to the
City. In no case shall the City spend more money disposing of an item than the value of such
item unless required by law.
• Items with a greater than de minimis value shall be advertised for sale in a manner deemed
most effective and efficient to the City.
• If no bids are received for the advertised articles, the purchasing officer shall dispose of the
articles in a manner most advantageous to the City.
• Goods no longer of value to the City may be traded to other governmental entities for
goods/services of equal value to the City with the approval of the Procurement Administrator
The COE Finance Department Director or designee (Procurement Administrator) must advertise
for bids or auction any surplus articles no longer useful to the City and declare in writing certain
City property to be surplus. He/she may reject any or all bids that are not advantageous to the
City and dispose of items to the best advantage of the City if no bids are received.
Vehicle Purchases
The purchase of non-CERF vehicles must be coordinated with the COE Public Works Operations
and Maintenance Manager to ensure the compliance with the City’s fleet compatibility and
standards. Non-CERF vehicle purchases will require coordination of the Department Director and
the COE Public Works Director.
Page 34 of 163
Glossary
Capital Expenditure – Expenditure which results in the acquisition of, or addition to fixed assets ($5,000
or more) and has an expected useful life greater than one year.
Capital Improvement – Expenditure of a significant dollar amount for an item with a useful life of over
one year.
Competitive Bids – The process of issuing a public bid with the intent that vendors will put together their
best proposal and compete for a specific project.
Competitive Process – The process of soliciting for supplies, materials or equipment, and contracts for
services.
Conflict of Interest – a situation in which a person is in a position to derive personal benefit from actions
or decisions made in their official capacity.
De Minimis Value – An insignificant amount that does not merit value.
Encumbrance – Funds committed and reserved but not yet expended for the purchase of a specific good
or service.
Expenditures – Payment or disbursement of funds.
Optimal Source Purchase – A procurement of goods or services which can only be obtained from a
single supplier capable of meeting all specifications and purchase requirements.
Over Budget Expenditures – Expenditures which have exceeded the total SPWRP budget
appropriation. An Over Budget Expenditure requires a supplemental appropriation approval by
Englewood and Littleton Councils prior to committing to the expenditure.
Professional Services – Services that include, but are not limited to technical services, attorneys,
consultants, engineers, architects, programmers, plan review firms, etc.
Purchase Order – A binding agreement that describes the quantity and quality of the required goods,
encumbers funds, and authorizes a vendor to release goods or services.
Sealed Bids – A document enclosed in a sealed envelope and is submitted in response to invitation
to bid.
Services – The furnishing of labor, time, or effort by a contractor. These services include, but are not
limited to landscaping, snow removal, and building maintenance that is non-construction related.
Supplemental Appropriation – Generally, a resolution increasing the original budget due to
unanticipated and unexpected expenditures.
Unbudgeted Expenditures – Required expenditures not specifically identified in the current budget.
Page 35 of 163
CITY OF ENGLEWOOD – PROPOSED PROCUREMENT POLICY TBD, 2020
City of Englewood
(Including Enterprises)*
Excludes only publicly
regulated utilities (i.e.,
Excel Energy, Denver
Water) – (1)
< $5,000 > $5,000 but
< $10,000
(Including All Materials,
Supplies & Equipment,
Capital Equipment
AND All Services)
= or > $10,000 but
< $50,000
(Including All Materials,
Supplies & Equipment,
Capital Equipment
AND All Services)
= or > $50,000 but
< $100,000
(Including All Materials,
Supplies & Equipment,
Capital Equipment
AND All Services)
= or > $100,000
(Including All Materials,
Supplies & Equipment,
Capital Equipment
AND All Services)
Emergency Purchases
= or > $100,000
Change Orders
(Unforeseen
Circumstances Only on
Existing Contract)
Forms / Contract
Required
P-Card
OR
Invoice (only if P-Card
not accepted)
Purchase Order Purchase Order
AND
Contract Required
Purchase Order
AND
Contract Required
Purchase Order
AND
Contract Required
Emergency Purchase
Confirmation Letter
AND
Purchase Order (to
support invoice
payment)
Change Order Request
in Writing
Bids / Quotes Not Required Not Required Two Written Quotes
Select Low Bid
OR
Provide Optimal Source
Justification
OR
Cooperative Purchasing
Agreement through
Approved Organizations
(1)
Required: Schedule A
(Statement of Work) &
Sealed Bid &
Publication & Contract
Select Low Bid
OR
Provide Optimal Source
Justification
OR
Cooperative Purchasing
Agreement through
Approved Organizations
(1)
Required: Schedule A
(Statement of Work) &
Sealed Bid &
Publication & Contract
Select Low Bid
OR
Provide Optimal Source
Justification
OR
Cooperative Purchasing
Agreement through
Approved Organizations
(1)
Per Charter Part IV
Purchases and Sales,
Section 118:
Emergency Purchases:
“In case of emergency
affecting the public
property, health,
peace or safety, the
Council may waive all
provisions for
competitive
bidding…”
N/A
Signature Authority P-Card; One Level
Approval
IT purchases require IT
Director approval
Legal Services Require
City Attorney approval
Department Director
IT purchases require IT
Director approval
Legal Services Require
City Attorney approval
Department Director
City Manager
IT purchases require IT
Director approval
Legal Services Require
City Attorney approval
Department Director
City Manager
IT purchases require IT
Director approval
Legal Services Require
City Attorney approval
Department Director
City Manager
City Council
IT purchases require IT
Director approval
Legal Services Require
City Attorney approval
Mayor and
Mayor Pro Tem (or
City Council member
designees) will review
and/or approve/deny
Emergency Purchases
exceeding $100,000
prior to purchase;
Purchase request will
be submitted for
approval by City
Council at the next
possible Regular City
Council Meeting
1)<$5k – Project Mgr
and Dept Director
2)>$5k – All of the
above & City Manager
3)$>100,000; and/or
10% (per individual
change order) or = to
or > than 25% of
original contract price
(for original contracts,
$100,000 and over) –
Include Contract
Language– All of the
above and City Council
Page 36 of 163
CITY OF ENGLEWOOD – PROPOSED PROCUREMENT POLICY TBD, 2020
General Policies:
Split purchases are not allowed on P-Cards, Purchase Orders. This includes purchases in the current and following year from one vendor.
Services (i.e., Engineering, Repair, Abatement) require appropriate level of approval as noted above; Quotes or Bids should be obtained based on estimated fiscal year cost & Purchase
Orders must be in place prior to service beginning.
If lowest competitive bid or quote is not accepted, Department is required to provide a Best Value or Optimal Source justification with requests for approval to City Manager and/or
City Council (depending upon required approval threshold).
Regulated Utilities (i.e., Excel Energy, Denver Water) are excluded from this policy.Page 37 of 163
“(L7i:t:,%
>Ei>>SENATE BILL 19-196
BY SENATOR(S)Lee and Danielson,Bridges,Fenberg,Fields,Foote,
Ginal,Moreno,Pettersen,Story,Todd,Williams A.,Winter,Zenzinger;
also REPRESENTATIVE(S)Gamen and Duran,Arndt,Bird,Buckner,
Buentello,Caraveo,Cutter,Esgar,Exurn,Froelich,Galindo,
Gonzales-Gutierrez,Gray,Hansen,Herod,I-Iooton,Jackson,Kennedy,
Kipp,Kraft-Tharp,Lontine,McLachIan,Melton,Michaelson Jenet,
Mullica,Singer,Sirota,Snyder,Sullivan,Titone,Valdez A.,Weissman,
Becker.
CONCERNINGTHE MODIFICATION OF PROCUREMENT REQUIREMENTSFOR
STATE CONTRACTS FOR PUBLIC PROJECTS.
Be it enacted by the General Assembly ofthe State ofColorado:
SECTION 1.In Colorado Revised Statutes,add 24-92-115 as
follows:
24-92-115.Apprenticeship utilization requirements -
mechanical,electrical,and plumbing contracts -public projects -
de?nition.(1)(a)UNLEssPROHIBITED BY APPLICABLEFEDERALLAW,AND
EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1)(b)or THIS sEcTIoN,
THE CONTRACT FOR ANY PUBLIC WORKS PROJECT Tl-LATDOES NOT RECEIVE
Capital letters or bald &italic rmmberx indicale new malarial added 10 existing law,"dashes
through word:or numbers indicate delelianrfromexislmg law and such material is not part of
the act,
Page 38 of 163
FEDERAL MONEY,INCLUDING A PUBLIC PROJECT THAT WILL HAVE AN
INTEGRATED PROJECT DELIVERY CONTRACT PURSUANT TO ARTICLE 93 OF
THIS TITLE 24,IN THE AMOUNT OF ONE MILLION DOLLARS OR MORE SHALL
REQUIRETHE GENERAL CONTRACTOR OR OTHER FIRM TO WHICH THE
CONTRACT IS AWARDED TO SUBMIT,AT THE TIME THE MECHANICAL,
ELECTRICAL,OR PLUMBING SUBCONTRACTOR IS PUT UNDER CONTRACT,
DOCUMENTATION TO THE AGENCY OF GOVERNMENT THAT:
(I)IDENTIFIESTHE CONTRACTORS OR SUBCONTRACTORS THAT WILL
BE USED FOR ALL MECHANICAL,SHEETMETAL,FIRE SUPPRESSION,SPRINKLER
FITTING,ELECTRICAL,AND PLUMBING WORK REQUIREDON THE PROJECT;
(II)CERTIFIES THAT ALL FIRMS IDENTIFIED PARTICIPATE IN
APPRENTICESHIP PROGRAMS REGISTERED WITH THE UNITEDSTATES
DEPARTMENT OF LABORISEMPLOYMENT ANDTRAININGADMINISTRATION OR
STATE APPRENTICESHIP COUNCILS RECOGNIZED BY THE UNITEDSTATES
DEPARTMENT OF LABOR AND HAVE A PROVEN RECORD OF GRADUATING
APPRENTICES AS FOLLOWS:
(A)BEGINNINGJULY1,2021,THRoUGHJUNE30,2026,A MINIMUM
OF FIFTEENPERCENT OF ITS APPRENTICES FOR AT LEAST THREE OF THE PAST
FIVE YEARS;
(B)BEGINNINGJULY1,2026,THROUGH JUNE30,203 1,A MINIMUM
OF TwENTY PERCENT OF APPRENTICES FOR AT LEAsTTHREE OF THE PAST FIVE
YEARs;AND
(C)BEGINNINGJULY 1,2031,AND EACH YEAR THEREAFTER,A
MINIMUMOF THIRTY PERCENT OF APPRENTICES FOR AT LEAST THREE OF THE
PAST FIVE YEARs;AND
(III)SUPPLIESSUPPORTING DOCUMENTATION FROM THE UNITED
STATESDEPARTMENT OF LAEoR'sOFFICEOF APPRENTICESHIP VERIFYING THE
INFORMATION PROVIDED IN THE CERTIFICATION SPECIFIED m SUBSECTION
(1)(a)(1l)OF THIS sECTIoN.
(I3)THE PROVISIONS OF THIS SECTION DO NOT APPLY TO THE
DEPARTMENT OF TRANSPORTATION,REGARDLESS OF THE AMOUNT OR
FUNDING SOURCE OF THE PUBLIC PROJECT.THEPROVISIONS OFTHIS SECTION
ALSO DO NOT APPLY TO ANY COUNTY,CITY AND COUNTY,CITY,
PAGE 2-SENATE BILL I9-I96
Page 39 of 163
MUNICIPALITY,TOWN,SCHOOL DISTRICT,SPECIAL DISTRICT,OR ANY OTHER
POLITICALSUBDIVISION OF THE STATE.
(c)FOR THE PURPOSES OF SUBSECTION (1)(a)(II)OF THIS SECTION,
"GRADUATTNG"MEANS THE COMPLETION OF A MULTI—YEARPROGRAM,
INCLUDING THE REQUISITECLASSROOM COURSE WORK AND ON-THE-JOB
TRAINING REQUIREMENTSAND A CERTIFICATE OF COMPLETION ISSUED BY
THE UNITEDSTATESDEPARTMENTOF LAEOR‘SOFFICE OF APPRENTICESHIP.
(2)THEDOCUMENTATION REQUIREDPURSUANT TO SUBSECTION (1)
OF THIS SECTION SHALL BE MADE PUBLICLY AVAILABLE BY THE
CONTRACTING AGENCY OF GOVERNMENT THROUGH ITS WEBSITE WITHIN
THIRTY DAYS FROM WHEN IT IS SUBMITTED.
(3)To ENSURE COMPLIANCE WITH THE REQUIREMENTSOF
SUBSECTION (1)OF THIS SECTION,THE GENERAL CONTRACTOR OR OTHER
FIRM To WHICH THE CONTRACT IS AWARDED SHALL AGREE TO PROVIDE
ADDITIONAL DOCUMENTATION TO THE CONTRACTING AGENCY REGARDING
AFFECTED APPRENTICESHIP TRAINING PROGRAMS RELATING To THE
REQUIREMENTSOF THIS IF A CONTRACTING AGENCY OF GOVERNMENT
DETERMINES THAT A MECHANICAL,ELECTRICAL,OR PLUMBING
SUBCONTRACTOR HAS WILLFULLY FALSIFIED DOCUMENTATION OR
WILLFULLYMISREPRESENTEDTHEIRQUALIFICATIONSREQUIREDTOCOMPLY
wITH THIS SECTIONINTHE CONTRACT,THEAGENCY OFGOVERNMENT SHALL
DIRECT THE CONTRACTOR TO TERMINATE THE SUBCONTRACTOR CONTRACT
IMMEDIATELY AND THE SUBCONTRACTOR WILL BE IMMEDIATELY REMOVED
FROM THE PUBLIC PROJECT.AT THE DISCRETION OF THE DIRECTOR OF THE
DEPARTMENT OF PERSONNEL,THE STATE MAY l'NI'I‘IATE THE PROCESS TO
DEBAR THE CONTRACTOR PURSUANT To SECTION 24-109-105,AND MAY
PURSUE ANY OTHER REMEDY PROVIDED BY LAw.
(4)UPONEVALUATION OF THE SUBMITTED BIDS,THE CONTRACTING
AGENCY OF GOVERNMENT MAY WAIVE THE REQUIREMENTSOF THIS SECTION
FOR A PUBLIC PROJECT IF THE AGENCY OF GOVERNMENT DETERMINESTHAT
THERE IS SUBSTANTIAL EVIDENCE THAT THERE WERE N0 RESPONSIVE,
ELIGIBLE SUBCONTRACTORS AVAILABLE TO FULFILL THE MECHANICAL,
ELECTRICAL,OR PLUMBING PORTIONS OF THE CONTRACT.EACHAGENCY OF
GOVERNMENT THAT HAS CONTRACTS FOR PUBLIC PROJECTS SUBJECT TO THE
REQUIREMENTSOFTHIS SECTIONSHALL MAKE PUBLICALL WAIVERS ANDTHE
SPECIFIC RATIONALE FOR GRANTING THE WAIVER.THE AGENCY OF
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Page 40 of 163
GOVERNMENT SHALLPOSTNOTICE OF THE WAIVER AND A JUSTIFICATION FOR
THE WAIVER ON ITS WEBSITE.
(5)NOTHINGIN THIS SECTION SHALL BE CONSTRUED TO SUPERSEDE
THE REQUIREMENTSFOR LICENSED PLUMBERS,LICENSED ELECTRICIANS,OR
APPRENTICES REGISTERED wITH THE STATE PURSUANT TO TITLE 12,
INCLUDING SECTIONS 12-23-105,I2-23-1 10.5,12-58-105,AND 12-53-117.
(6)(a)To PROMOTE AND FACILITATE THE DEVELOPMENT OF NEW
APPRENTICESHIP PROGRAMS,AN APPRENTICESHIP PROGRAM THAT DOES NOT
SATISFY THE REQUIREMENTSOF SUBSECTION (l)(a)OF THIS SECTION MAY
PETITION THE DEPARTMENT OF LABOR AND EMPLOYMENTFOR CONDITIONAL
APPROVAL FOR PURPOSES OF THIS SECTION.To BE ALLOWED CONDITIONAL
APPROVAL,AN APPRENTICESHIP PROGRAM MUST DEMONSTRATE THE
FOLLOWING:
(I)THEPROGRAM HAS BEEN REGISTERED wITH THE UNITEDSTATES
DEPARTMENT OF LABOR‘SEMPLOYMENTAND TRAINING ADMINISTRATIONOR
A STATEAPPRENTICESHIP COUNCIL AND HAS BEEN PROVIDING TRAINING FOR
AT LEAST sIx MONTHS;AND
(11)THE PROGRAM IS PERFORMING BONA FIDE APPRENTICESHIP
TRAINING As EVIDENCED BY INFORMATION SHOWING THAT IT HAS THE
REOUITEFACILITIES,PERSONNEL,AND OTHER RESOURCES NEEDED TO
PROVIDE SUCH TRAINING;AND
(b)(1)IF CONDITIONAL APPROVAL IS GRANTED,THE PROGRAM WILL
REMAIN ELIGIBLE FOR FUTURE COVERED PROJECTS,SUBJECT TO ANNUAL
REVIEWS BY THE DEPARTMENT OF LABOR AND EMPLOYMENT FOR FIVE YEARS
AFTER CONDITIONAL APPROVAL IS GRANTED OR UNTIL IT CAN SATISFY THE
REQUIREMENTSOF SUBSECTION (1)(a)OF ‘THIS SECTION AND CAN SHOW A
THREE-YEAR GRADUATION TRACK RECORD.
(II)To MAINTAIN CONDITIONAL APPROVAL PURSUANT TO THIS
SUBSECTION (6),THE APPRENTICESHIP PROGRAM MUST DEMONSTRATE TO
THE DEPARTMENT OF LABOR AND EMPLOYMENT THAT IT HAS REGISTERED
NEW APPRENTICES INTO ITS PROGRAM FOR EVERY YEAR IT HAS BEEN IN
OPERATION AND THAT IT HAS ADVANCED,AT A MINIMUM,TEN PERCENT OF
ITS APPRENTICES IN EACH YEAR OF OPERATION.THE DEPARTMENT SHALL
RESCIND A CONDITIONAL APPROVAL FOR ANY PROGRAM THAT FAILS TO
PAGE 4-SENATE BILL I9-I96
Page 41 of 163
MAINTAIN THESE STANDARDS.
SECTION 2.In Colorado Revised Statutes,add part 2 to article 92
of title 24 as follows:
PART 2
PREVAILING WAGE FOR PUBLIC PROJECTS
24-92-201.De?nitions.AS USED IN THIS PART 2,UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1)"AGENCYOFGOVERNMENT"MEANSANYAGENCY,DEPARTMENT,
DIVISION,BOARD,BUREAU,COMMISSION,INSTITUTION,OR SECTION OF THE
STATE wHICH IS A BUDGETARY UNIT EXERCISING CONSTRUCTION
CONTRACTING AUTHORITY OR DISCRETION."AGENCYOF GOVERNMENT“
DOES NOT INCLUDE ANY COUNTY,CITY AND COUNTY,CITY,MUNICIPALITY,
TowN,SCHOOL DISTRICT,SPECIAL DISTRICT,OR ANY OTHER POLITICAL
SUBDIVISION OF THE STATE.
(2)"CONTRACTOR"MEANSANY PERSON HAVING A CONTRACT FOR A
PUBLIC PROJECT WITH AN AGENCY OF GOVERNMENT.
(3)"DIRECTOR"MEANS THE DIRECTOR OF THE DEPARTMENT OF
PERSONNEL.
(4)"EMPLOYEES"MEANSWORKERSwHO ARE EMPLOYEES PURSUANT
TO SECTION 8-4-101 (5),AND wHO ARE ENGAGED BY CONTRACTORS OR
SUBCONTRACTORS TO PER]-‘ORMJOBS ON VARIOUS TYPES OF PUBLICPROJECTS
INCLUDING MECHANICS,LABORERS,AND OTHER CONSTRUCTION WORKERS.
(5)“PUBLICPROJECT"MEANS ANY CONSTRUCTION,ALTERATION,
REPAIR,DEMOLITION,OR IMPROVEMENT OF ANY LAND,BUILDING,
STRUCTURE,FACILITY,ROAD,HIGHWAY,BRIDGE,OR OTHER PUBLIC
IMPROVEMENT SUITABLE FOR AND INTENDED FOR USE IN THE PROMOTION OF
PUBLIC HEALTH,wELI=ARE,OR SAFETY AND ANY OPERATION OR
MAINTENANCE PROGRAMS FOR THE OPERATION AND UPKEEP OP SUCH
PROJECTS."PUBLICPROJECT"INCLUDES ANY WORK,CONSTRUCTION,OR
REPAIR PERFORMED BY A PRIVATE PARTY THROUGH A CONTRACT TO RENT,
LEASE,OR PURCHASE AT LEAST FIFTY PERCENT OP THE PROJECT BY ONE OR
MORE AGENCIES OF GOVERNMENT.
PAGE 5-SENATE BILL 19-196
Page 42 of 163
(6)"WAGES","ScALE OF wAGES","WAGE RATES","MINIMUM
WAGES",AND "PREVAILINGwAGES"MEANS:
(a)THEBASIC HOURLY RATE OF PAY;AND
(b)FOR MEDICAL OR HOSPITAL CARE,PENSIONS ON RETIREMENT OR
DEATH,COMPENSATION FOR INJURIES OR ILLNESS RESULTING FROM
OCCUPATIONAL ACTIVITY,OR INSURANCE TO PROVIDE ANY OF THE
FORGOING,FOR UNEMPLOYMENT BENEFITS,LIFE INSURANCE,DISABILITY AND
SICKNESS INSURANCE,OR ACCIDENT INSURANCE,FOR VACATION AND
HOLIDAY PAY,FOR DEFRAYING THE COSTS OF APPRENTICESHIP OR OTHER
SIMILAR PROGRAMS,OR FOR OTHER BONA FIDE FRINGE BENEFITS,BUT ONLY
wHERE THE CONTRACTOR OR SUBCONTRACTOR IS NOT REQUIREDBY OTHER
FEDERAL,STATE,OR LOCAL LAw TO PROVIDE ANY OF THOSE BENEFITS,THE
AMOUNT OF:
(I)THE RATE OF CONTRIBUTION IRREVOCABLY MADE BY A
CONTRACTOR OR SUBCONTRACTOR To A TRUSTEE OR To A THIRD PERSON
UNDER A FUND,PLAN,OR PROGRAM;AND
(II)THERATE OF COSTS TO THE CONTRACTOR OR SUBCONTRACTOR
THAT MAY BE REASONABLY ANTICIPATED l'N PROVIDING BENEFITS T0
EMPLOYEES PURSUANT TO AN ENFORCEABLE COMMITMENT TO CARRY OUT
A FINANCIALLY RESPONSIBLE PLAN OR PROGRAM WHICH WAS
COMMUNICATED IN WRITING TO THE EMPLOYEES AFFECTED‘
24-92-202.Contractors Subject to provisions —weekly payment
of employees —rules.(1)EXCEPTAS OTHERWISE PROVIDED IN SUBSECTION
(2)OF THIS SECTION,ANY CONTRACTOR WHO IS AWARDED A CONTRACT FOR
A PUBLIC PROJECT BY AN AGENCY OF GOVERNMENT IN THE AMOUNT OF FIVE
HUNDRED THOUSAND DOLLARS OR MORE,AND ANY SUBCONTRACTORS
WORKINGON THE PUBLIC PROJECT,SHALL PAY THEIR EMPLOYEES AT WEEKLY
INTERVALS AND SHALL COMPLY wITH THE ENFORCEMENT PROVISIONS
ESTABLISHED IN SECTION 24-92-209.THISPART 2 APPLIES TO A CONTRACT
FOR A PUBLIC PROJECT AwARDED PURSUANT TO PART 1 OF THIS ARTICLE 92
AND To AN INTEGRATED PROJECT DELIVERY CONTRACT FOR A PUBLIC
PROJECT AWARDED PURSUANT TO ARTICLE 93 OF THIS TITLE 24.THISPART
2 DOES NOT APPLY To CONTRACTS FOR PUBLIC PROJECTS THAT RECEIVE
FEDERAL FUNDING
PAGE 6-SENATE BILL 19-I96
Page 43 of 163
(2)THIS PART 2 DOES NOT APPLY To THE DEPARTMENT OF
TRANSPORTATION,REGARDLESS OF THE AMOUNT OR FUNDING SOURCE OF
THE PUELIC PROJECT;EXCEPT THAT THE DEPARTMENT OF TRANSPORTATION
IS REQUIREDTo PAY EMPLOYEES PERFORMING WORK ON ANY PUBLIC
PROJECT,REGARDLESS OF THE AMOUNT OR FUNDING SOURCE OF THE PUBLIC
PROJECT,IN ACCORDANCE wITH THE REQUIREMENTSOF THE FEDERAL
"DAVIS-BACONACT",40 U.S.C.SEC 3141,ET SEQ.
(3)THEDIRECTOR MAY PROMULGATE RULES IN ACCORDANCE wITH
ARTICLE 4 OF THIS TITLE 24 AS MAY BE NECESSARY TO ADMINISTER AND
ENFORCE ANY REQUIREMENTOF THIS PART 2.
24-92-203.Prevailing rate of wages and other payments -
speci?cations in solicitations and contract.(1)BEFOREAWARDING ANY
CONTRACT FOR A PUBLIC PROJECT IN THE AMOUNT OF FIVE HUNDRED
THOUSANDDOLLARSORMORE,ANAGENCYOFGOVERNMENTSHALLOBTAIN
FROM THE DIRECTOR THE GENERAL PREVAILING RATE,AS DETERMINED BY
THE DIRECTOR PURSUANT TO SECTION 24-92-205,OF THE REGULAR,
HOLIDAY,AND OVERTIME WAGES PAID AND THE GENERAL PREVAILING
PAYMENTS ON BEHALF OF EMPLOYEES TO LAWFUL WELFARE,PENSION,
VACATION,APPRENTICETRAINING,AND EDUCATIONAL FUNDS IN THE STATE,
FOR EACH EMPLOYEE NEEDED TO EXECUTE THE CONTRACT FOR THE PUBLIC
PROJECT.PAYMENTS TO THE FUNDS MUST CONSTITUTE AN ORDINARY
BUSINESS EXPENSE DEDUCTION FOR FEDERAL INCOME TAX PURPOSES BY
CONTRACTORS AND SUBCONTRACTORS.
(2)AN AGENCY OF GOVERNMENT SHALL SPECIFY IN THE
COMPETITIVE SOLICITATION FOR A PUBLIC PROJECT IN THE AMOUNT OF FIVE
HUNDRED THOUSAND DOLLARS OR MORE AND IN THE CONTRACT FOR SUCH
PUELIC PROJECT,THE GENERAL PREVAILING RATE OF THE REGULAR,
HOLIDAY,AND OVERTIME wAGES PAID AND THE PAYMENTS ON BEHALF OF
EMPLOYEES TO THE wELFARE,PENSION,VACATION,APPRENTICE TRAINING,
AND EDUCATION FUNDS ExIsTmG IN THE GEOGRAPHIC LOCALITY FOR EACH
EMPLOYEE NEEDEDTo EXECUTE THE CONTRACT OR WORK.
(3)TI-IEGENERALPREVAILTNG RATE OFTHE REGULAR,HOLIDAY,AND
OVERTIME WAGES PAID AND THE PAYMENTS ON BEHALF OF EMPLOYEES To
THE WELFARE,PENSION,vACATION,APPRENTICE TRAmING,AND EDUCATION
FUNDS SPECIFIEDIN THE COMPETITIVE SOLICITATION AND IN THE CONTRACT
FOR A PUBLIC PROJECT PURSUANT To SUBSECTION (2)OFTHIS SECTION SHALL
PAGE 7-SENATE BILL 19-196
Page 44 of 163
REMAIN THE SAME FOR THE DURATION OF THE WORK ON THE PUBLIC
PROJECT.
(4)CONTRACTINGAGENCIES OF GOVERNMENT SHALL NOT
ARTIFICIALLY DIVIDE PUBLIC PROJECTS TO AVOID COMPLIANCE wITH THE
REQUIREMENTSOF THIS PART 2.
24-92-204.Speci?cation in contract -payment of wages -
amount and frequency -unclaimed prevailing wages special trust fund
-creation.(1)EVERYCONTRACT FOR A PUBLIC PROJECT SUBJECT TO THE
PROVISIONS OF THIS PART 2 SHALL CONTAIN A STIPULATION THAT:
(a)THECONTRACTOR AND ANY SUBCONTRACTORS SHALL PAY ALL
THE EMPLOYEES EMPLOYED DIRECTLY ON THE SITE OF THE WORK,
UNCONDITIONALLYANDNOT LESS OFTEN THAN ONCEA WEEK,AND WITHOUT
SUBSEQUENTDEDUCTION OR REBATE ON ANY ACCOUNT,THE FULL AMOUNTS
ACCRUED AT TIME OF PAYMENT COMPUTED AT WAGE RATES NOT LESS THAN
THOSE STATED m THE COMPETITIVE SOLICITATION,REOARDLESS OF ANY
CONTRACTUAL RELATIONSHIPS THAT MAY BE ALLEGED TO EXIST BETwEEN
THE CONTRACTOR OR SUBCONTRACTOR AND THE EMPLOYEES;
(b)THECONTRACTOR AND ANY SUBCONTRACTORS SHALL PREPARE
AND SUBMIT PAYROLL REPORTS TO THE CONTRACTING AGENCY OF
GOVERNMENT ON A MONTHLY BASIS THAT DISCLOSE ALL RELEVANT
PAYROLL INFORMATION,INCLUDING THE NAME AND ADDRESS OF ANY
ENTITIES To wHICH FRINGE BENEFITS ARE PAID,AND THAT THE
CONTRACTING AGENCY OF GOVERNMENT IS REQUIRED To REvIEw THE
CERTIFIED PAYROLL REPORTS IN A TIMELY MANNER AS REQUIREDBY THE
STATE CONTRACT;
(C)THECONTRACTOR AND ANY SUBCONTRACTORSSHALL MAINTAIN
ON THE SITE WHERE PUBLIC PROJECTS ARE BEING CONSTRUCTEDA DAILY LOG
OF EMPLOYEES EMPLOYED EACH DAY ON THE PUBLIC PROJECT.THE LOG
SHALL INCLUDE,AT A MINIMUM,FOR EACH EMPLOYEE HIS OR HER NAME,
PRIMARY JOB TITLE,AND EMPLOYER,AND SHALL BE KEPT ON A FORM
PRESCRJBED BY THE DIRECTOR.THE LOG SHALL BE AVAILABLE FOR
INSPECTION ON THE SITE AT ALL TIMES BY THE CONTRACTING AGENCY OF
GOVERNMENT AND THE DIRECTOR.
(CI)IF THE CONTRACTOR OR ANY SUBCONTRACTOR FAILS TO PAY
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Page 45 of 163
WAGES AS ARE REQUIREDBY THE CONTRACT,THE CONTRACTING AGENCY OF
GOVERNMENT SHALL NOT APPROVE A WARRANT OR DEMAND FOR PAYMENT
TO THE CONTRACTOR UNTILTHE CONTRACTOR FURNISI-[ES THE CONTRACTING
AGENCY OF GOVERNMENT EVIDENCE SATISFACTORY TO SUCH AGENCY OF
GOVERNMENT THAT SUCH WAGES SO REQUIREDBY THE CONTRACT HAVE
BEEN PAID;EXCEPT THAT THE CONTRACTING AGENCY OF GOVERNMENT
SHALL APPROVE AND PAY ANY PORTION OF A WARRANT OR DEMAND FOR
PAYMENT TO THE CONTRACTOR TO THE EXTENT THE AGENCY OF
GOVERNMENT HAS BEEN FURNISHED EVIDENCE SATISFACTORY TO THE
AGENCY OF GOVERNMENT THAT THE CONTRACTOR OR ONE OR MORE
SUBCONTRACTORS HAS PAID SUCH WAGES REQUIREDBY THE CONTRACT,
EVEN IFTHE CONTRACTOR HASNOT FURNISHED EVIDENCE THAT ALL OF THE
SUBCONTRACTORSHAVE PAID WAGES AS REQUIREDBY THE CONTRACT,ANY
CONTRACTOROR SUBCONTRACTOR MAY USE THE FOLLOWING PROCEDURE IN
ORDER TO SATISFY THE REQUIREMENTSOF THIS SECTION:
(I)THE CONTRACTOR OR SUBCONTRACTOR MAY SUBMIT TO THE
DIRECTOR,FOR EACH EMPLOYEE TO WHOM SUCH WAGES ARE DUE,A CHECK
AS REQUIREDBY THE DIRECTOR.SUCHCHECK SHALL BE PAYABLE TO THAT
EMPLOYEE OR TO THE STATE SO IT IS NEGOTIABLE BY EITHER OF THOSE
PARTIES.EACHSUCH CHECK SHALL BE IN AN AMOUNT REPRESENTING THE
DIFFERENCEBETWEEN THE ACCRUED WAGES REQUIREDTO BE PAID TO THAT
EMPLOYEE BY THE CONTRACT AND THE WAGES ACTUALLY PAID BY THE
CONTRACTOR OR SUBCONTRACTOR.
(11)IF ANY CHECK SUBMITTED PURSUANT THIS SUBSECTION (1)(d)
CANNOTBEDI-:LIvERED TOTHE EMPLOYEE WITHIN A REASONABLE PERIOD AS
DETERMINED BY THE DIRECTOR,THEN IT SHALL BE NEGOTIATED BY THE
STATE AND THE PROCEEDS DEPOSITED IN THE UNCLAIMED PROPERTY TRUST
FUND CREATED IN SECTION 38-13-1 16.6.NOTHINGm THIS SUBSECTION (1)
SHALLBE CONSTRUED To LESSEN THE RESPONSIBILITYOF THE CONTRACTOR
OR SUBCONTRACTOR TO ATTEMPT To LOCATE AND PAY ANY EMPLOYEE TO
wHoM WAGES ARE DUE.
24-92-205.Investigation and determination ofprevailingwages
-?ling of schedule.(1)IN DETERMINING THE APPLICABLE PREVAILING
WAGE FOR PUBLIC PROJECTS PURSUANT TO SECTION 24-92-204,THE
DIRECTOR SHALL USE APPROPRIATE WAGE DETERMINATIONS ISSUED BY THE
UNITEDSTATES DEPARTMENT OF LABOR IN ACCORDANCE WITH THE
"DAVIS-BACONACT",40 UASOCISEC.3141,ET sEQ.,To ESTABLISH THE
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Page 46 of 163
PREVAILING WAGE RATES FOR THE APPLICABLE TRADES OR OCCUPATION FOR
THE GEOGRAPHIC LOCALITY OF THE PUBLIC PROJECT.THEDIRECTOR SHALL
KEEP A SCHEDULE ON FILE IN HIS OR HER OFFICE OF THE CUSTOMARY
PREVAILIN G RATE OF WAGES AND PAYMENTS MADETO OR ON BEHALF OF THE
EMPLOYEES,WHICH SHALL BE OPEN TO PUBLIC INSPECTION.
(2)THE DIRECTOR SHALL UPDATE THE APPLICABLE PREVAILING
WAGE FOR PUBLIC PROJECTS AS DETERMINED PURSUANT TO SUBSECTION (1)
OF THIS SECTION ON OR BEFORE JULY 1,2022,AND ON OR BEFORE JULY1
EACH YEAR THEREAFTER.
24-92-206.Statutory provisions included in contracts.ACOPYOF
SECTIONS 24-92-203 AND 24-92-204 SHALL BE INSERTED m ALL CONTRACTS
FOR PUBLIC PROJECTS AwARDED BY AN AGENCY OF GOVERNMENT IF THE
CONTRACT PRICE IS FIVE HUNDRED THOUSAND DOLLARS OR MORE.
24-92-207.Prevailing wage rates -posting.(1)EACH
CONTRACTOR AWARDED A CONTRACT FOR PUBLIC PROJECT wITH A
CONTRACT PRICEOFFIVE HUNDREDTHOUSANDDOLLARSOR MOREANDEACH
SUBCONTRACTOR wHo PERFORMSWORKONTHE PUBLIC PROJECT SHALL POST
IN CONSPICUOUS PLACES ON THE PROJECT,wHERE EMPLOYEES ARE
EMPLOYED,POSTERS THAT CONTAIN THE CURRENT PREVAILING RATE OF
WAGES AND THE CURRENT PREVAILING RATE OF PAYMENTS To THE FUNDS
REQUIREDTO BE PAID FOR EACH EMPLOYEE EMPLOYED TO EXECUTE THE
CONTRACT As ESTABLISHED IN SECTIONS 24-92-203 AND 24-92-204,AND
THE RIGHTS AND REMEDIES OF ANY EMPLOYEE DESCRIBED m SECTION
24-92-210 FOR NONPAYMENT OF ANY WAGES EARNEDPURSUANT TO THIS
SECTION.THE POSTERS SHALL BE FURNISHED To CONTRACTORS AND
SUBCONTRACTORS BY THE DIRECTOR IN A FORM AND MANNER TO BE
DETERMINED BY THE DIRECTOR.
(2)A CONTRACTOR OR SUBCONTRACTOR W'I-IOFAILS TO COMPLY
WITH THIS SECTION SHALL BE DEEMED GUILTY OF A CLASS 3 MISDEMEANOR
AND SHALL PAY TO THE DIRECTOR ONE HUNDRED DOLLARS FOR EACH
CALENDAR DAY OF NONCOMPLIANCE AS DETERMINED BY THE DIRECTOR.
(3)CONTRACTSFOR PUBLIC WORKS PROJECTS SHALL CONTAIN THE
SPECIFIC OBLIGATIONSOF THE CONTRACTOR UNDERTHIS SECTION INCLUDING
PROVISIONS REGARDING THE POSTING OF POSTERS ON THE JOB SITE AS
REQUIREDBY THIS SECTION AND THE DEPARTMENTSPROCEDURES FOR THE
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Page 47 of 163
CONTRACTOR TO RECEIVE THE POSTERS.
24-92-208.Apprenticeship contribution rate.(1)(3)THE
DIRECTOR SHALL ESTABLISH A SEPARATE APPRENTICESHIP CONTRIBUTION
RATE UNDER THE PREVAILING WAGE AND FRINGE BENEFIT REQUIREMENTSOF
THIS PART 2‘
(b)THECONTRACTTNGAGENCY OF GOVERNMENT SI-[ALL sPECIFY IN
THE COMPETITIVE SOLICITATION FOR A PUBLIC PROJECT IN THE AMOUNT OF
FIVE HUNDRED THOUSAND DOLLARS OR MORE AND IN THE CONTRACT FOR
SUCH PUBLIC PROJECT THE APPRENTICESHIP CONTRIBUTION RATE AND
FRINGE BENEFIT REQUIREMENTSOF THIS PART 2.
(c)THEDIRECTOR SHALL UPDATE THE APPLICABLE APPRENTICESHIP
CONTRIBUTION RATE AS DETERMINED PURSUANT To SUBSECTION (1)(a)OF
THE SECTIONON OR BEFORE JULY 1,2022,AND ON OR BEFORE IULY 1 EACH
YEAR TI-IEREAPTER.
(CI)THEAPPLICABLEAPPRENTICESHIP CONTRIBUTION RATE SPECIFIED
IN THE COMPETITIVE SOLICITATION AND IN THE CONTRACT FOR A PUBLIC
PROJECT PURSUANT TO THIS SUBSECTION (I)SHALL REMAIN THE SAME FOR
THE DURATION OF THE WORK ON THE PUBLIC PROJECT.
(2)THEAMOUNT OF THE APPRENTICESHIP CONTRIBUTION WILL BE
sET m ACCORDANCE wITH THE APPRENTICESHIP CONTRIBUTION OF THE
COLLECTIVE BARGAINING AGREEMENT OF THE APPLICABLE TRADE m THE
GEOGRAPHIC LOCALITY OF THE PUBLIC PROJECT.CONTRACTORSSHALL
ACHIEVE COMPLIANCE WITH THIS REQUIREMENTBY ONE OF THE FOLLOWING
OPTIONS:
(3.)CONTRACTORSSIGNATORY TO THE APPLICABLE COLLECTIVE
BARGATNTNGAGREEMENT SHALL BE REQUIREDTO PAY NO MORE THAN THE
APPRENTICESHIP CONTRIBUTION RATE OF THE AGREEMENT;
(b)CONTRACTORSTHAT ARE NOT SIGNATORY TO A COLLECTIVE
BARGAINING AGREEMENT BUT THAT ARE MEMBERS OF A MULTI-EMPLOYER
TRADE ASSOCIATION THAT SPONSORS AN APPRENTICESHIP PROGRAM
REGISTERED WITH THE UNITED STATES DEPARTMENT OF LABOR'S
EMPLOYMENTANDTRAINING ADMINISTRATIONOR DIRECTLY SPONSOR SUCH
A PROGRAM FOR THEIR OWN EMPLOYEES,SHALL PAY THE DETERMINED
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Page 48 of 163
APPRENTICESHIP CONTRIBUTION TO THAT PROGRAM OR TO A STATE
APPRENTICESHIP COUNCIL REGISTERED WITH THE UNITED STATES
DEPARTMENT OF LABOR;OR
(o)ExcI-:PTAS OTHERWISE PROVIDED IN SUBSECTION (5)OF THIS
SECTION,CONTRACTORS THAT DO NOT QUALIFY FOR EITHER OPTION
SPECIFIED IN SUBSECTION (2)(a)OR (2)(b)OF THIS SECTION SHALL BE
REQUIREDTO PAY THE AMOUNT OF THE APPRENTICESHIP CONTRIBUTION TO
AFFECTED WORKERS IN CASH PAYMENTS IN ADDITION To THE OTHER
COMPONENTS OF THE PREVAILING wAGE AND FRINGE BENEFIT PACKAGE
REQUIREDPURSUANT TO THIS PART 2.
(3)THEAPPRENTICESHIP CONTRIBUTIONRATE SHALL BE DEDUCTED
FROM THE PREVAILING WAGE RATE PACKAGE TO AVOID DOUBLE PAYMENT
BY THE CONTRACTOR OR SUBCONTRACTOR.
(4)TO THE EXTENT FEASIBLE,THE DEPARTMENT OF PERSONNEL
SHALL PUBLISH AN ANNUAL REPORT DETAILING THE AMOUNT OF
APPRENTICESHIPTRAINTNG CONTRIBUTION PAID PURSUANTTO SUBSECTIONS
(2)(a),(2)(b),AND (2)(c)OF THIS SECTION FROM INFORMATIONREPORTEDBY
THE CONTRACTING AGENCIES OF GOVERNMENT.
(5)IF THE DATA TRACKED BY THE DEPARTMENT OF PERSONNEL
DEMONSTRATES THAT PORTIONS OF THE APPRENTICE CONTRIBUTIONS
REQUIREDPURSUANT TO SUBSECTION (2)OF THIS SECTION ARE PAID UNDER
THE REQUIREMENTSOF SUBSECTION (2)(c)OF THIS SECTION AT A HIGHER
RATE THAN UNDER THE REQUIREMENTSOF SUBSECTION (2)(a)OR (2)(b)OF
THIS SECTION,THE DEPARTMENT MAY PROMULGATE RULES FOR
ALTERNATIVES TO THE REQUIREMENTSSUBSECTION (2)(c)OF THIS SECTION.
24-92-209.Enforcement -rules.(I)UPON RECEIPT OF A
COMPLAINTFROM AN EMPLOYEE,A FORMER EMPLOYEE,OR A CONTRACTING
AGENCY DERIVED FROM AN ANALYSIS OF CERTIFIED PAYROLL RECORDS,A
CONTRACTING AGENCY OF GOVERNMENT SHALL REPORT ANY PERCEIVED
VIOLATION OF THIS PART 2 TO THE CONTRACTOR WITHIN FORTY-EIGHT
HOURS OF BEING MADE AWARE OF THE PERCEIVED VIOLATION.IN
CONNECTION WITH THE PERCEIVED VIOLATIONS
(a)THECONTRACTING AGENCY OF GOVERNMENT SHALL ALLOW THE
CONTRACTOR TO CURE THE PERCEIVED VIOLATION wITHIN FIFTEEN
PAGE 12-SENATE BILL I9-196
Page 49 of 163
CALENDAR DAYS IF THE CONTRACTOR CAN DEMONSTRATE THE INSTANCE IN
QUESTIONWAS THE RESULT OF LEGITIMATE ADMINISTRATIVE ERROR.
(b)IF THE CONTRACTOR DOES NOT REMEDY THE PERCEIVED
VIOLATION WITHIN FIFTEEN CALENDAR DAYS OR IF THE CONTRACTING
AGENCY DETERMINES THAT THE PERCEIVED VIOLATION WAS WILLI’-‘UL,THE
CONTRACTING AGENCY SHALL REPORT THE PERCEIVED VIOLATION TO THE
DEPARTMENT OF LABOR AND EMPLOYMENT FOR INVESTIGATION.
(2)(a)THE DEPARTMENT OF LABOR AND EMPLOYMENT SHALL
INVESTIGATE ALL COMPLAINTS REFERRED To THE DEPARTMENT BY THE
CONTRACTING AGENCY OF GOVERNMENT TO DETERMINEIF THE PERCEIVED
VIOLATION wAS CONDUCTED IN A WILLFUL MANNER.
(b)FOR THE PURPOSES OF THIS SECTION,"WlLLFULVIOLATION"
TNCLUDES INTENTIONAL VIOLATIONS AND THOSE VIOLATIONS MADE wITI-I
RECKLESS DISREGARD OR DELIBERATE IGNORANCE OF THE LAw.
(3)IFTHE DEPARTMENT OF LABOR AND EMPLOYMENT DETERMINES
THATA WILLFUL VIOLATION OCCURRED,IT SHALL REQUIRERESTITUTION or
APPLICABLE BACK PAY FOR THE IMPACTED EMPLOYEES AND SHALL SUBJECT
THE CONTRACTOR TO THE FOLLOWING FFNES:
(a)FIVETHOUSAND DOLLARS FOR THE FIRST VIOLATION;
(b)TENTHOUSAND DOLLARS FOR THE SECOND VIOLATION;AND
(c)TwENTY-FIVETHOUSAND DOLLARS FOR THE THIRD AND ALL
SUBSEQUENTVIOLATIONS.
(4)ATTHEDISCRETIONOF THE DIRECTOR,THE CONTRACTOR MAY BE
DEBARREDIF THEY HAVE BEEN FOUND To HAVE THREE OR MORE WILLFUL
VIOLATIONS m ANY FIVE YEAR PERIOD.THETERM OF DEBARMENT wILL BE
THREE YEARS.
(5)T1-[EDEPARTMENT OF LABORAND EMPLOYMENT SHALL MAINTAIN
A LIST OF CONTRACTORS WHO HAVE BEEN FOUND TO HAVE WILLFULLY
VIOLATED THIS ACT,INCLUDING DETAILS OFTHE VIOLATION,ON A PUBLICLY
AVAILABLE WEBSITE.
PAGE I3~SENATE BILL 19-196
Page 50 of 163
(6)IF A CONTRACITNG AGENCY OF GOVERNMENT OR THE
DEPARTMENT OF LABOR AND EMPLOYMENT FAILS TO RESOLVE AN
ACTIONABLE wAGE CLAIM WITHIN ONE HUNDRED TwENTY DAYS FROM THE
DATE OFTHE INITIAL DETERMINATION BY THE DEPARTMENTTHAT A wILLFUL
VIOLATION OCCURRED,THE EMPLOYEE SHALL HAVE THE RIGHT TO FILE A
PRIVATE LAwsUIT PURSUANT To SECTION 24-92-210.
(7)THE DEPARTMENT OF LAEOR AND EMPLOYMENT SHALL
PROMULGATE RULES IN ACCORDANCE wITH ARTICLE 4 OF THIS TITLE 24 As
MAY BE NECESSARY TO ADMINISTER AND ENFORCE ANY REQUIREMENTOF
THIS PART 2.SUCHRULES SI-IALLINCLUDE A REASONABLE ADMINISTRATIVE
APPEAL PROCESS FOR DETERMINATIONS MADE PURSUANT TO THIS SECTION
AND AN ADMINISTRATIVE PROCESS FOR AN EMPLOYEE OR FORMER EMPLOYEE
OF A CONTRACTOR OR SUBCONTRACTOR TO FILE A COMPLAINT FOR A
VIOLATION OF THIS PART 2.
24-92-210.Private right of action to collect wages or bene?ts —
de?nition.(1)AN EMPLOYEE OR FORMER EMPLOYEE OFA CONTRACTOR OR
SUBCONTRACTOR MAY BRING A CIVIL ACTION FOR A VIOLATION OF SECTION
24-92-204 FOR APPROPRIATE INIUNCTIVE RELIEF,ACTUAL DAMAGES,OR
BOTH wITHIN THREE YEARS AFTER THE OCCURRENCE OF THE ALLEGED
VIOLATION.AN ACTION COMMENCED PURSUANT TO THIS SECTION MAY BE
BROUGHT IN THE DISTRICT COURT FOR THE COUNTY wHERE THE ALLEGED
VIOLATION OCCURRED,THE COUNTY wHERE THE COMPLAINANTRESIDES,OR
THE COUNTY wHERE THE PERSON AGAINST wHOM IN THE CIVIL COMPLAINT
IS FILED RESIDES OR HAS THEIR PRINCIPAL PLACE OF BUSINESS.ANY
CONTRACTOR OR SUBCONTRACTOR wHO VIOLATES SECTION 24-92-204
SHALL BE LIABLE TO THE AFFECTED EMPLOYEE OR EMPLOYEES IN THE
AMOUNT OF UNPAID WAGES OR BENEFITS PLUS INTEREST.
(2)A CONTRACTOR OR SUBCONTRACTOR'SRESPONSIBILITY AND
LIABILITY IS SOLELY FOR ITS OwN EMPLOYEES.
(3)AN ACTION INITIATED PURSUANT TO THIS SECTION MAY BE
BROUGHT BY ONE OR MORE EMPLOYEESOR FORMER EMPLOYEES ON BEHALF
OF HIM OR HERSELF OR THEMSELVES AND OTHER EMPLOYEES SIMILARLY
SITUATED;EXCEPT THAT NO EMPLOYEE SHALL BE A PARTY TO ANY SUCH
ACTION UNLESS HE OR SHE CONSENTS IN WRITING TO BECOME SUCHA PARTY
AND SUCH CONSENT IS FILED IN THE COURT |'N WHICH SUCH ACTION IS
BROUGHT.
PAGE 14-SENATE BILL 19-196
Page 51 of 163
(4)IF THE COURT FINDS THAT AN ACTION BROUGHT PURSUANT TO
THIS SECTION wAS FRIVOLOUS,THE COURT SHALL AwARD COSTS AND
ATTORNEY FEES To THE DEFENDANT IN THE ACTION.
(5)THECOURT IN AN ACTION FILED UNDER THIS SECTION SHALL
AwARD AFFECTED EMPLOYEES OR FORMER EMPLOYEES LIQUIDATED
DAMAGES IN AN AMOUNT EQUAL TO THE AMOUNT OF UNPAID WAGES OR
BENEFITSOwED.UNPAIDFRINGE BENEFIT CONTRIBUTIONS OwED PURSUANT
TO THIS SECTION IN ANY FORM SHALL BE PAIDTO THE APPROPRIATE BENEFIT
FUND;EXCEPTTHATINTHEABSENCE OF AN APPROPRIATE FUND THE BENEFIT
SHALL BE PAID DIRECTLY TO THE INDIVIDUAL.
(6)THEFILING OF A CIVIL ACTION UNDER THIS SECTION SHALL NOT
PRECLUDE THE DIRECTOR FROM PROHIBITING A CONTRACTOR OR
SUBCONTRACTORFROMBIDDINGON OR OTHERWISE PARTICIPATING IN STATE
CONTRACTS OR FROM PROHIBITING TERMINATION OF WORK ON FAILURE TO
PAY AGREED WAGES.
(7)(a)ANY PERSON,FIRM,OR CORPORATION FOUND TO HAVE
wILLFULLY MADE A FALSE OR FRAUDULENT REPRESENTATION IN
CONNECTION wITH wAOE OBLIGATIONS OwED ON A CONTRACT SHALL BE
REQUIREDTO PAY A CIVIL PENALTY IN AN AMOUNT OF NO LESS THAN ONE
THOUSAND DOLLARS AND NOT GREATER THAN THREE THOUSAND DOLLARS
FER REPRESENTATION.SUCHPENALTIES SHALL BE RECOVERABLE l'N CIVIL
ACTIONS FILED PURSUANT TO THIS SECTION.
(b)FOR PURPOSES OF THIS SUBSECTION (7)"WlLLFULLY"MEANS
REPRESENTATIONS THAT ARE KNOWN TO BE FALSE OR REPRESENTATIONS
MADE wITH DELIBERATE IGNORANCE OR RECKLESS DISREGARD FOR THEIR
TRUTH OR FALSITY.
(8)AN EMPLOYER SHALLNOT DISCHARGE,THREATEN,OR OTHERWISE
DISCRIMINATE AGAINST AN EMPLOYEE,OR FORMER EMPLOYEE,REGARDING
COMPENSATION TERMS,CONDITIONS,LOCATIONS OR PRIVILEGES OF
EMPLOYMENT BECAUSETHE EMPLOYEE OR FORMER EMPLOYEE,OR A PERSON
OR ORGANIZATION ACTING ON HIS OR HER BEHALF REPORTS OR MAKES A
COMPLAINT UNDERTHIS SECTION OR OTHERWISE ASSERTS HIS OR HER RIGHTS
UNDER THIS SECTION.
SECTION 3.In Colorado Revised Statutes,24-109-105,amend
PAGE 15-SENATE BILL 19-196
Page 52 of 163
(2)(e)and (2)(t);and add (2)(g)as follows:
24-109-105.Debarment and suspension.(2)A person may be
debarred for any of the following reasons:
(e)The person is currently under debarment by any other
governmental entity which is based upon a settlement agreement or a ?nal
administrative or judicial determination issued by a federal,state,or local
governmental entity;or
(f)The department of labor and employment has imposed three ?nes
on a contractor within five years pursuant to section 8-17-104,C.R.S.,for
failure to satisfy Colorado labor requirements;OR
(g)THE PERSON WILLFULLY FALSIFIED DOCUMENTATION on
WILLFULLY MISREPRESENTED THEIR QUALIFICATIONSREQUIREDTOCOMPLY
WITH THE CONTRACT.
SECTION 4.Act subject to petition -effective date -
applicability.(1)This act takes effect at 12:01 a.mi on the day following
the expiration of the ninety-day period after ?nal adjournment of the
general assembly (August 2,2019,if adjournment sine die is on May 3,
2019);except that,if a referendum petition is ?led pursuant to section 1 (3)
of article V of the state constitution against this act or an item,section,or
part of this act within such period,then the act,item,section,or part will
not take effect unless approved by the people at the general election to be
held in November 2020 and,in such case,will take effect on the date of the
official declaration of the vote thereon by the governor.
(2)This act applies to solicitations issued on or after July 1,2021;
except that for institutions of higher education and the Auraria higher
PAGE l6-SENATE BILL 19-196
Page 53 of 163
education center created in article 70 oftille 23,Colorado Revised Statutes,
this act applies to public projects approved by their governing boards on or
after July 1,2021.
eroy M.Garcia KC Beckex:
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
Cindi L.Markwell Marilyn Eddins
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED /4/Ly 2,8 .?.@_Lj~-v“‘jt=o‘1 (.4,
(Dale and Time)
PAGE 17-SENATE BILL 19-196
Page 54 of 163
MINUTES
City Council Regular Meeting
Monday, June 1, 2020
Teleconferenced 6:00 PM
1 Call to Order
The Special/Regular meeting of the Englewood City Council was called to order by
Mayor Olson at 6:00 p.m. and held by teleconference.
2 Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Olson.
3 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
City Clerk Carlile
Deputy City Clerk McKinnon
Director Brocklander, Information Technology
Director D'Andrea, Public Works
Director Power, Community Development
Director Underhill, Parks, Rec and Library
Director Van Ry, South Platte Water Renewal Partners, and Utilities
Deputy Director Simon, Utilities
Redevelopment Manager Poremba, Community Development
Capital Projects and Engineering Manager Hoos, Public Works
Manager Mullis, Library & Cultural Arts
Senior Planner Voboril, Community Development
Capital Project Engineer Warren, Public Works
Page 1 of 7
Draft
Page 55 of 163
City Council Regular
June 1, 2020
Deputy Director King, Information Technology
Police Chief Collins, Police Department
Police Sergeant McKay, Police Department
4 Study Session Topics
a) Police Chief John Collins discussed instituting body worn cameras within the
Englewood Police Department.
5 Consideration of Minutes of Previous Session
a) Minutes of the Special/Regular City Council Meeting of May 18, 2020.
Moved by Council Member Othoniel Sierra
Seconded by Council Member Cheryl Wink
APPROVAL OF THE MINUTES OF THE SPECIAL/REGULAR CITY COUNCIL
MEETING OF MAY 18, 2020.
For Against Abstained
Joe Anderson x
Dave Cuesta x
Rita Russell x
Othoniel Sierra (Moved By) x
John Stone x
Cheryl Wink (Seconded By) x
Linda Olson x
7 0 0
Motion CARRIED.
b) Minutes of the Special Emergency City Council Meeting of May 20, 2020.
Moved by Council Member Othoniel Sierra
Seconded by Council Member Cheryl Wink
APPROVAL OF THE MINUTES OF THE SPECIAL EMERGENCY CITY
COUNCIL MEETING OF MAY 20, 2020.
For Against Abstained
Joe Anderson x
Dave Cuesta x
Rita Russell x
Othoniel Sierra (Moved By) x
John Stone x
Cheryl Wink (Seconded By) x
Linda Olson x
Page 2 of 7
Draft
Page 56 of 163
City Council Regular
June 1, 2020
7 0 0
Motion CARRIED.
c) Minutes of the Special Meeting/Study Session City Council Meeting of May 26,
2020.
Moved by Council Member Othoniel Sierra
Seconded by Council Member Cheryl Wink
APPROVAL OF THE MINUTES OF THE SPECIAL/REGULAR CITY COUNCIL
MEETING OF MAY 26, 2020.
For Against Abstained
Joe Anderson x
Dave Cuesta x
Rita Russell x
Othoniel Sierra (Moved By) x
John Stone x
Cheryl Wink (Seconded By) x
Linda Olson x
7 0 0
Motion CARRIED.
6 Appointments, Communications, Proclamations, and Recognition
a) Celebrating the 100th Anniversary of the Englewood Public Library
Moved by Council Member Othoniel Sierra
Seconded by Council Member John Stone
A PROCLAMATION DECLARING JUNE 1, 2020 AS A DAY TO CELEBRATE
THE 100TH ANNIVERSARY OF THE ENGLEWOOD PUBLIC LIBRARY.
For Against Abstained
Joe Anderson x
Dave Cuesta x
Rita Russell x
Othoniel Sierra (Moved By) x
John Stone (Seconded By) x
Cheryl Wink x
Linda Olson x
7 0 0
Motion CARRIED.
Page 3 of 7
Draft
Page 57 of 163
City Council Regular
June 1, 2020
7 Recognition of Scheduled Public Comment
There were no citizens scheduled to speak.
8 Recognition of Unscheduled Public Comment
a) Mathew Schultz, and Englewood resident, addressed Council regarding police
body cameras.
Council Member Stone responded to Public Comment.
9 Consent Agenda Items
Moved by Mayor Pro Tem Sierra seconded by Council Member Wink to approve
Consent Agenda Items 9 (b)(i-ii).
a) Approval of Ordinances on First Reading
There were no additional Ordinances on First Reading (See Agenda Items
11(a)(i).)
b) Approval of Ordinances on Second Reading.
i) CB18 - Approval of Intergovernmental Agreement with CDOT for the
Design and Reconstruction of the US-285 and S Broadway
Interchange.
ORDINANCE NO. 20, SERIES OF 2020 (COUNCIL BILL NO. 18,
INTRODUCED BY COUNCIL MEMBER WINK)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF
TRANSPORTATION (CDOT) AND THE CITY OF ENGLEWOOD FOR
THE RECONSTRUCTION OF THE BROADWAY/US 285
INTERCHANGE PROJECT #STU 2854-145 (23553).
ii) CB 20 - Approval of IGA with the Urban Drainage and Flood Control
District d/b/a Mile High Flood District for Major Drainageway Planning
ORDINANCE NO. 21, SERIES OF 2020 (COUNCIL BILL NO. 20,
INTRODUCED BY COUNCIL MEMBER WINK)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) “AGREEMENT REGARDING FUNDING OF MAJOR
DRAINAGEWAY PLANNING FOR CITY OF ENGLEWOOD” -
AGREEMENT NO. 20-02.11 PROJECT NO. 108025, BETWEEN THE
URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY
Page 4 of 7
Draft
Page 58 of 163
City Council Regular
June 1, 2020
OF ENGLEWOOD.
Moved by Council Member Othoniel Sierra
Seconded by Council Member Cheryl Wink
Motion to approve Consent Agenda Items 9(b)(i-ii).
For Against Abstained
Joe Anderson x
Dave Cuesta x
Rita Russell x
Othoniel Sierra (Moved By) x
John Stone x
Cheryl Wink (Seconded By) x
Linda Olson x
7 0 0
Motion CARRIED.
c) Resolutions and Motions
There were no additional Resolutions or Motions (See Agenda Items 11(c)(i-
ii).)
10 Public Hearing Items
No public hearing was scheduled before Council.
11 Ordinances, Resolutions and Motions
a) Approval of Ordinances on First Reading
i) CB 22 - Ordinance to submit a ballot issue to electors, re: C.R.S 29-27-
101 et seq
Moved by Council Member Joe Anderson
Seconded by Council Member Dave Cuesta
COUNCIL BILL NO. 22, INTRODUCED BY COUNCIL MEMBER WINK
A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE
REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE
NOVEMBER 3, 2020 GENERAL ELECTION A BALLOT ISSUE TO
AUTHORIZE, BUT NOT OBLIGATE, THE CITY OF ENGLEWOOD,
WITHOUT INCREASING TAXES, TO PROVIDE HIGH-SPEED
INTERNET SERVICES (ADVANCED SERVICES),
TELECOMMUNICATION SERVICES, AND/OR CABLE TELEVISION
Page 5 of 7
Draft
Page 59 of 163
City Council Regular
June 1, 2020
SERVICES AS DEFINED BY ARTICLE 27 OF TITLE 29 OF THE
COLORADO REVISED STATUTES.
For Against Abstained
Joe Anderson (Moved By) x
Dave Cuesta (Seconded By) x
Rita Russell x
Othoniel Sierra x
John Stone x
Cheryl Wink x
Linda Olson x
7 0 0
Motion CARRIED.
b) Approval of Ordinances on Second Reading
There were no additional Ordinances on Second Reading (See Agenda Items
11(b)(i-ii).)
c) Resolutions and Motions
i) Professional Services Agreement to Prepare a Risk Assessment for
Critical Water Assets.
Moved by Council Member Cheryl Wink
Seconded by Council Member John Stone
Motion to approve a Professional Services Agreement with CDM Smith in
an amount not to exceed $107,258 to conduct a Risk and Resilience
Assessment (RRA) and update the City’s 2004 Emergency Response
Plan (ERP) for critical water assets.
For Against Abstained
Joe Anderson x
Dave Cuesta x
Rita Russell x
Othoniel Sierra x
John Stone (Seconded By) x
Cheryl Wink (Moved By) x
Linda Olson x
7 0 0
Motion CARRIED.
ii) Pre-Development Agreement with SKB
Page 6 of 7
Draft
Page 60 of 163
City Council Regular
June 1, 2020
Moved by Council Member Cheryl Wink
Seconded by Council Member Joe Anderson
Motion to approve a Predevelopment Agreement (PDA) between the
City/EEF and SKB of Portland, Oregon (also known as Scanlan Kemper
Bard).
For Against Abstained
Joe Anderson (Seconded By) x
Dave Cuesta x
Rita Russell x
Othoniel Sierra x
John Stone x
Cheryl Wink (Moved By) x
Linda Olson x
7 0 0
Motion CARRIED.
12 Covid-19 Update
13 General Discussion
a) Mayor's Choice
b) Council Members' Choice
14 City Manager’s Report
15 City Attorney’s Report
16 Adjournment
Roll call was taken to adjourn the meeting - Six Ayes. Council Member Wink had left
the meeting and did not vote. The meeting adjourned at 7:52 p.m.
City Clerk
Page 7 of 7
Draft
Page 61 of 163
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Jackie McKinnon
DEPARTMENT: City Clerk's Office
DATE: June 15, 2020
SUBJECT:
Resolution appointing members to various boards, committees
and commissions.
DESCRIPTION:
Resolution appointing members to various boards, committees and commissions.
RECOMMENDATION:
Approve the resolutions appointing members to various boards, committees and commissions
ATTACHMENTS:
Resolution
Board and Commission Appointment Worksheet
Page 62 of 163
1
RESOLUTION NO.
SERIES OF 2020
A RESOLUTION APPOINTING MEMBERS TO BOARDS, COMMISSIONS
AND COMMITTEES FOR THE CITY OF ENGLEWOOD.
WHEREAS, City Council wishes to appoint members to boards, commissions and
committees for the City of Englewood;
WHEREAS, the names of members and the boards, commissions and committees they
will be representing, with term expiration dates are below:
WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this
individual wishes to bestow upon the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado, hereby approves the
following persons for appointment to boards, commissions and committees to serve at the
request of the City Council with terms beginning July 1, 2020:
1. Alliance for Commerce in Englewood Term Expires
a. Nathan Hoag – Regular (reappoint) July 1, 2023
b. Amy Gallegos – Regular (reappoint) July 1, 2023
c. Drevvis Ridley – Regular (reappoint) July 1, 2023
d. Steve Paul – Alternate No Expiration
2. Board of Adjustment and Appeals Term Expires
a. Francisco Martinez – Alternate No Expiration
3. Budget Advisory Committee Term Expires
a. Chelsea Nunnekamp – Regular (reappoint) July 1, 2023
4. Code Enforcement Advisory Committee Term Expires
a. Julie Bowden – Regular (reappoint) July 1, 2022
b. Coween Dickerson – Regular (reappoint) July 1, 2022
c. Monica Johnson – Regular (reappoint) July 1, 2022
d. Cara Frangipane – Regular (new) July 1, 2022
e. Sonja Strom – Regular (new) July 1, 2021
5. Cultural Arts Commission Term Expires
a. David Carroll – Regular (reappoint) July 1, 2023
b. Julie Parker – Regular (alternate to regular) July 1, 2023
c. Theresa “Reece” Adams – Regular (new) July 1, 2023
Page 63 of 163
2
6. Englewood Housing Authority Term Expires
a. Paula Grimes – Regular (reappoint) July 1, 2025
b. Marc Ogonosky Regular (new) July 3, 2022
7. Firefighters Pension Board Term Expires
a. Marc Ogonosky – Regular (new) February 1, 2023
8. Historic Preservation Term Expires
a. Cash Parker – Regular (reappoint) July 1, 2024
b. Jason O’Brien – Regular (reappoint) July 1, 2024
c. Helene Federici – Regular (new) July 1, 2022
9. Keep Englewood Beautiful Commission Term Expires
a. Raphaelle Duche – Regular (new) July 1, 2022
b. Cara Frangipane – Regular (new) July 1, 2022
10. Parks and Recreation Commission Term Expires
a. Monica Johnson – Regular (new) February 1, 2021
11. Public Library Board Term Expires
a. Melissa Adams – Regular (new) February 1, 2021
b. Andy Szekeres – Regular (new) February 1, 2024
c. Helene Federici – Regular (new) February 1, 2024
ADOPTED AND APPROVED this 15th day of June, 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 2020.
Stephanie Carlile, City Clerk
Page 64 of 163
6/10/2020 Page 1 of 4
BOARD AND COMMISSION
NEW APPOINTMENTS
June 8, 2020
Alliance for Commerce in Englewood Committee
Interested Eligible Applicants:
Nathan Hoag (reappointment)
Amy Gallegos (reappointment)
Drevvis Ridley (reappointment)
Steve Paul (new applicant - 1st choice)
Andy Szekeres (new applicant - 2nd choice)
1 Regular Term expiring 7/1/2023 Nathan Hoag
1 Regular Term expiring 7/1/2023 Amy Gallegos
1 Regular Term expiring 7/1/2023 Drevvis Ridley
1 Alternate Member Steve Paul
Board of Adjustment and Appeals
Interested Eligible Applicants:
Marc Ogonosky (new applicant - 4th choice)
1 Alternate Member Francisco Martinez
Budget Advisory
Interested Eligible Applicants:
Chelsea Nunnenkamp (reappointment)
Drevvis Ridley (new applicant - 3rd choice)
1 Regular Term expiring 7/1/2023 Chelsea Nunenkamp
Code Enforcement Advisory Committee
Interested Eligible Applicants:
Monica Johnson(reappointment)
Julie Bowden (reappointment)
Coween Dickerson (reappointment)
Cara Frangipane (new applicant - 1st choice)
Sonja Strom (new applicant - 1st choice)
Marc Ogonosky (new applicant - 2nd choice)
1 Regular Term expiring 7/1/2022 Monica Johnson
1 Regular Term expiring 7/1/2022 Julie Bowden
Page 65 of 163
6/10/2020 Page 2 of 4
1 Regular Term expiring 7/1/2022 Coween Dickerson
1 Regular Term expiring 7/1/2022 Cara Frangipane
1 Regular Term expiring 7/1/2021 Sonja Strom
1 Alternate Member _________________________________
Cultural Arts Commission
Interested Eligible Applicants:
David Carroll (reappointment)
Theresa “Reece” Adams (new applicant - 1st choice)
Julie Parker (alternate to regular)
1 Regular Member expiring 7/1/2023 David Carroll
1 Regular Member expiring 7/1/2023 Julie Parker
1 Regular Member expiring 7/1/2023 Theresa “Reece” Adams
Englewood Housing Authority
Interested Eligible Applicants:
Paula Grimes (reappointment)
Marc Ogonosky (new applicant - 1st choice)
1 Regular Member expiring 7/1/2025 Paula Grimes
1 Alternate Member expiring 7/3/2022 Marc Ogonosky
Firefighters Pension Board
1 Regular Member expiring 2/1/2023 Marc Ogonosky
Historic Preservation Commission
Interested Eligible Applicants:
Cash Parker (reappointment)
Jason O’Brien (reappointment)
Meg Griffin Donaldson (new applicant- 1st choice)
1 Regular Member expiring 7/1/2024 Cash Parker
1 Regular Member expiring 7/1/2024 Jason O’Brien
Page 66 of 163
6/10/2020 Page 3 of 4
1 Regular Member expiring 71/2/2022 Helene Federici
Keep Englewood Beautiful Commission
Interested Eligible Applicants:
Raphaelle Duche (new applicant - 1st choice)
Marc Ogonosky (new applicant - 5th choice)
1 Regular Member expiring 7/1/2022 Raphaelle Duche
1 Regular Member expiring 7/1/2022 Cara Frangipane
1 Regular Member expiring 7/1/2021 ________________________________
Parks and Recreation Commission
Interested Eligible Applicants:
Monica Johnson (new applicant - 2nd choice)
Cara Frangipane (new applicant - 3rd choice)
1 Regular Member 2/1/2021 Monica Johnson
Planning and Zoning Commission
Interested Eligible Applicants:
Carl Adams (Alternate to Regular)
Car Frangipane (new applicant - 2nd choice)
Collin Haggerty (new applicant - 1st Choice)
1 Regular Member expiring 2/1/2023 Carl Adams
1 Alternate Member Monica Johnson
Police and Fire Supplement Disability Board
1 Regular Member expiring 7/1/2023 _________________________________
Police Pension Board
Interested Eligible Applicants:
Marc Ogonosky (new applicant - 3rd choice)
1 Regular Member expiring 12/31/2022 _________________________________
Page 67 of 163
6/10/2020 Page 4 of 4
Public Library Board
Interested Eligible Applicants:
Andy Szekeres (new applicant - 1st choice)
Helene Federici (new applicant - 1st choice)
Melissa Adams (new applicant - 1st choice)
1 Regular Member expiring 2/1/2024 Andy Szekeres
1 Regular Member expiring 2/1/2024 Helene Federici
1 Regular Member expiring 2/1/2021 Melissa Adams
Water and Sewer Board
Interested Eligible Applicants:
Drevvis Ridley (new applicant - 1st choice)
Francisco Martinez (new applicant - 1st Choice)
Collin Haggerty (new applicant - 2nd Choice)
1 Regular Member expiring 2/1/2023 Collin Haggerty
1 Alternate Member Drevvis Ridley
Page 68 of 163
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Jackie McKinnon
DEPARTMENT: City Clerk's Office
DATE: June 15, 2020
SUBJECT: Resolution appointing members to Sewer and Water Board
DESCRIPTION:
Resolution appointing members to Sewer and Water Board
RECOMMENDATION:
Approve the resolution appointing members to the Sewer and Water Board.
ATTACHMENTS:
Resolution
Board and Commission Appointment Worksheet
Page 69 of 163
1
RESOLUTION NO.
SERIES OF 2020
A RESOLUTION APPOINTING MEMBERS TO THE WATER AND
SEWER BOARD FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Water and Sewer Board was established by the Englewood
Home Rule Charter, Article VIII, and further codified at Title 2, Chapter 3, of the Englewood
Municipal Code;
WHEREAS, the Water and Sewer Board plans for the continued adequacy of domestic
water supply system and sanitary sewer system and shall have the power to protect the domestic
water supply of the City from injury and pollution;
WHEREAS, Englewood Home Rule Charter, Section 56, provides for nine (9) total
members of the Water and Sewer Board, and one (1) regular position and (1) alternate position will
be vacant as of July 1, 2020;
WHEREAS, the Englewood City Council desires to appoint a members to the Water and
Sewer Board to fill the vacant positions; and
WHEREAS, the City Council wishes to express its gratitude for the volunteerism and
service these individuals have agreed to provide to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. In accordance with Englewood Home Rule Charter, Article VIII, the
Englewood City Council hereby appoints the following citizens to the Englewood Water and Sewer
Board effective July 1, 2020.
Name: Term Expiration
Collin Haggerty - Regular February 1, 2023
Drevvis Ridley - Alternate No Expiration
ADOPTED AND APPROVED this 15th day of June, 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 2020.
______________________________
Stephanie Carlile, City Clerk
Page 70 of 163
6/10/2020 Page 1 of 4
BOARD AND COMMISSION
NEW APPOINTMENTS
June 8, 2020
Alliance for Commerce in Englewood Committee
Interested Eligible Applicants:
Nathan Hoag (reappointment)
Amy Gallegos (reappointment)
Drevvis Ridley (reappointment)
Steve Paul (new applicant - 1st choice)
Andy Szekeres (new applicant - 2nd choice)
1 Regular Term expiring 7/1/2023 Nathan Hoag
1 Regular Term expiring 7/1/2023 Amy Gallegos
1 Regular Term expiring 7/1/2023 Drevvis Ridley
1 Alternate Member Steve Paul
Board of Adjustment and Appeals
Interested Eligible Applicants:
Marc Ogonosky (new applicant - 4th choice)
1 Alternate Member Francisco Martinez
Budget Advisory
Interested Eligible Applicants:
Chelsea Nunnenkamp (reappointment)
Drevvis Ridley (new applicant - 3rd choice)
1 Regular Term expiring 7/1/2023 Chelsea Nunenkamp
Code Enforcement Advisory Committee
Interested Eligible Applicants:
Monica Johnson(reappointment)
Julie Bowden (reappointment)
Coween Dickerson (reappointment)
Cara Frangipane (new applicant - 1st choice)
Sonja Strom (new applicant - 1st choice)
Marc Ogonosky (new applicant - 2nd choice)
1 Regular Term expiring 7/1/2022 Monica Johnson
1 Regular Term expiring 7/1/2022 Julie Bowden
Page 71 of 163
6/10/2020 Page 2 of 4
1 Regular Term expiring 7/1/2022 Coween Dickerson
1 Regular Term expiring 7/1/2022 Cara Frangipane
1 Regular Term expiring 7/1/2021 Sonja Strom
1 Alternate Member _________________________________
Cultural Arts Commission
Interested Eligible Applicants:
David Carroll (reappointment)
Theresa “Reece” Adams (new applicant - 1st choice)
Julie Parker (alternate to regular)
1 Regular Member expiring 7/1/2023 David Carroll
1 Regular Member expiring 7/1/2023 Julie Parker
1 Regular Member expiring 7/1/2023 Theresa “Reece” Adams
Englewood Housing Authority
Interested Eligible Applicants:
Paula Grimes (reappointment)
Marc Ogonosky (new applicant - 1st choice)
1 Regular Member expiring 7/1/2025 Paula Grimes
1 Alternate Member expiring 7/3/2022 Marc Ogonosky
Firefighters Pension Board
1 Regular Member expiring 2/1/2023 Marc Ogonosky
Historic Preservation Commission
Interested Eligible Applicants:
Cash Parker (reappointment)
Jason O’Brien (reappointment)
Meg Griffin Donaldson (new applicant- 1st choice)
1 Regular Member expiring 7/1/2024 Cash Parker
1 Regular Member expiring 7/1/2024 Jason O’Brien
Page 72 of 163
6/10/2020 Page 3 of 4
1 Regular Member expiring 71/2/2022 Helene Federici
Keep Englewood Beautiful Commission
Interested Eligible Applicants:
Raphaelle Duche (new applicant - 1st choice)
Marc Ogonosky (new applicant - 5th choice)
1 Regular Member expiring 7/1/2022 Raphaelle Duche
1 Regular Member expiring 7/1/2022 Cara Frangipane
1 Regular Member expiring 7/1/2021 ________________________________
Parks and Recreation Commission
Interested Eligible Applicants:
Monica Johnson (new applicant - 2nd choice)
Cara Frangipane (new applicant - 3rd choice)
1 Regular Member 2/1/2021 Monica Johnson
Planning and Zoning Commission
Interested Eligible Applicants:
Carl Adams (Alternate to Regular)
Car Frangipane (new applicant - 2nd choice)
Collin Haggerty (new applicant - 1st Choice)
1 Regular Member expiring 2/1/2023 Carl Adams
1 Alternate Member Monica Johnson
Police and Fire Supplement Disability Board
1 Regular Member expiring 7/1/2023 _________________________________
Police Pension Board
Interested Eligible Applicants:
Marc Ogonosky (new applicant - 3rd choice)
1 Regular Member expiring 12/31/2022 _________________________________
Page 73 of 163
6/10/2020 Page 4 of 4
Public Library Board
Interested Eligible Applicants:
Andy Szekeres (new applicant - 1st choice)
Helene Federici (new applicant - 1st choice)
Melissa Adams (new applicant - 1st choice)
1 Regular Member expiring 2/1/2024 Andy Szekeres
1 Regular Member expiring 2/1/2024 Helene Federici
1 Regular Member expiring 2/1/2021 Melissa Adams
Water and Sewer Board
Interested Eligible Applicants:
Drevvis Ridley (new applicant - 1st choice)
Francisco Martinez (new applicant - 1st Choice)
Collin Haggerty (new applicant - 2nd Choice)
1 Regular Member expiring 2/1/2023 Collin Haggerty
1 Alternate Member Drevvis Ridley
Page 74 of 163
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Jackie McKinnon
DEPARTMENT: City Clerk's Office
DATE: June 15, 2020
SUBJECT:
Resolution appointing members to Planning and Zoning
Commission
DESCRIPTION:
Resolution appointing members to Planning and Zoning Commission
RECOMMENDATION:
Approve the resolutions appointing members to Planning and Zoning Commission
ATTACHMENTS:
Resolution
Board and Commission Appointment Worksheet
Page 75 of 163
1
RESOLUTION NO.
SERIES OF 2020
A RESOLUTION APPOINTING MEMBERS TO THE PLANNING AND
ZONING COMMISSION FOR THE CITY OF ENGLEWOOD,
COLORADO.
WHEREAS, the Englewood Planning and Zoning Commission was established by the
Englewood Home Rule Charter, Section 56, and further codified at Title 2, Chapter 5, of the
Englewood Municipal Code;
WHEREAS, the Planning and Zoning Commission carries out those duties as set forth in
Englewood Home Rule Charter, Section 58, and as vested in it by State Statute or City Ordinance,
including Title 16 of the Englewood Municipal Code, Unified Development Code;
WHEREAS, Englewood Home Rule Charter, Section 56, provides for nine (9) total
members of the Planning and Zoning Commission, and one (2) positions will be vacant as of July
1, 2020;
WHEREAS, the Englewood City Council desires to appoint a regular member and
alternate member to the Planning and Zoning Commission to fill the vacant positions; and
WHEREAS, the City Council wishes to express its gratitude for the volunteerism and
service these individuals have agreed to provide to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. In accordance with Englewood Home Rule Charter, Section 56, the Englewood
City Council hereby appoints the following citizens to the Englewood Planning and Zoning
Commission effective July 1, 2020.
Name: Term Expiration
Carl Adams – Alternate to Regular February 1, 2023
Monica Johnson - Alternate No Expiration
ADOPTED AND APPROVED this 15th day of June, 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 2020.
______________________________
Stephanie Carlile, City Clerk
Page 76 of 163
6/10/2020 Page 1 of 4
BOARD AND COMMISSION
NEW APPOINTMENTS
June 8, 2020
Alliance for Commerce in Englewood Committee
Interested Eligible Applicants:
Nathan Hoag (reappointment)
Amy Gallegos (reappointment)
Drevvis Ridley (reappointment)
Steve Paul (new applicant - 1st choice)
Andy Szekeres (new applicant - 2nd choice)
1 Regular Term expiring 7/1/2023 Nathan Hoag
1 Regular Term expiring 7/1/2023 Amy Gallegos
1 Regular Term expiring 7/1/2023 Drevvis Ridley
1 Alternate Member Steve Paul
Board of Adjustment and Appeals
Interested Eligible Applicants:
Marc Ogonosky (new applicant - 4th choice)
1 Alternate Member Francisco Martinez
Budget Advisory
Interested Eligible Applicants:
Chelsea Nunnenkamp (reappointment)
Drevvis Ridley (new applicant - 3rd choice)
1 Regular Term expiring 7/1/2023 Chelsea Nunenkamp
Code Enforcement Advisory Committee
Interested Eligible Applicants:
Monica Johnson(reappointment)
Julie Bowden (reappointment)
Coween Dickerson (reappointment)
Cara Frangipane (new applicant - 1st choice)
Sonja Strom (new applicant - 1st choice)
Marc Ogonosky (new applicant - 2nd choice)
1 Regular Term expiring 7/1/2022 Monica Johnson
1 Regular Term expiring 7/1/2022 Julie Bowden
Page 77 of 163
6/10/2020 Page 2 of 4
1 Regular Term expiring 7/1/2022 Coween Dickerson
1 Regular Term expiring 7/1/2022 Cara Frangipane
1 Regular Term expiring 7/1/2021 Sonja Strom
1 Alternate Member _________________________________
Cultural Arts Commission
Interested Eligible Applicants:
David Carroll (reappointment)
Theresa “Reece” Adams (new applicant - 1st choice)
Julie Parker (alternate to regular)
1 Regular Member expiring 7/1/2023 David Carroll
1 Regular Member expiring 7/1/2023 Julie Parker
1 Regular Member expiring 7/1/2023 Theresa “Reece” Adams
Englewood Housing Authority
Interested Eligible Applicants:
Paula Grimes (reappointment)
Marc Ogonosky (new applicant - 1st choice)
1 Regular Member expiring 7/1/2025 Paula Grimes
1 Alternate Member expiring 7/3/2022 Marc Ogonosky
Firefighters Pension Board
1 Regular Member expiring 2/1/2023 Marc Ogonosky
Historic Preservation Commission
Interested Eligible Applicants:
Cash Parker (reappointment)
Jason O’Brien (reappointment)
Meg Griffin Donaldson (new applicant- 1st choice)
1 Regular Member expiring 7/1/2024 Cash Parker
1 Regular Member expiring 7/1/2024 Jason O’Brien
Page 78 of 163
6/10/2020 Page 3 of 4
1 Regular Member expiring 71/2/2022 Helene Federici
Keep Englewood Beautiful Commission
Interested Eligible Applicants:
Raphaelle Duche (new applicant - 1st choice)
Marc Ogonosky (new applicant - 5th choice)
1 Regular Member expiring 7/1/2022 Raphaelle Duche
1 Regular Member expiring 7/1/2022 Cara Frangipane
1 Regular Member expiring 7/1/2021 ________________________________
Parks and Recreation Commission
Interested Eligible Applicants:
Monica Johnson (new applicant - 2nd choice)
Cara Frangipane (new applicant - 3rd choice)
1 Regular Member 2/1/2021 Monica Johnson
Planning and Zoning Commission
Interested Eligible Applicants:
Carl Adams (Alternate to Regular)
Car Frangipane (new applicant - 2nd choice)
Collin Haggerty (new applicant - 1st Choice)
1 Regular Member expiring 2/1/2023 Carl Adams
1 Alternate Member Monica Johnson
Police and Fire Supplement Disability Board
1 Regular Member expiring 7/1/2023 _________________________________
Police Pension Board
Interested Eligible Applicants:
Marc Ogonosky (new applicant - 3rd choice)
1 Regular Member expiring 12/31/2022 _________________________________
Page 79 of 163
6/10/2020 Page 4 of 4
Public Library Board
Interested Eligible Applicants:
Andy Szekeres (new applicant - 1st choice)
Helene Federici (new applicant - 1st choice)
Melissa Adams (new applicant - 1st choice)
1 Regular Member expiring 2/1/2024 Andy Szekeres
1 Regular Member expiring 2/1/2024 Helene Federici
1 Regular Member expiring 2/1/2021 Melissa Adams
Water and Sewer Board
Interested Eligible Applicants:
Drevvis Ridley (new applicant - 1st choice)
Francisco Martinez (new applicant - 1st Choice)
Collin Haggerty (new applicant - 2nd Choice)
1 Regular Member expiring 2/1/2023 Collin Haggerty
1 Alternate Member Drevvis Ridley
Page 80 of 163
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Margaret Brocklander
DEPARTMENT: Information Technology
DATE: June 15, 2020
SUBJECT:
CB #22 - Ordinance to submit a ballot issue to electors, re: C.R.S
29-27-101 et seq
DESCRIPTION:
CB #22 - Ordinance to submit a ballot issue to electors, re: C.R.S 29-27-101 et seq
RECOMMENDATION:
Staff requests City Council consider and approve an ordinance to submit a ballot issue to
electors allowing the City to opt out of C.R.S. 29-27-101, et seq., an action that would exempt
Englewood from State limitations on provision of broadband services.
PREVIOUS COUNCIL ACTION:
On May 18, 2020, at the regularly scheduled study session, Margaret Brocklander, Director of
Information Technology, provided the City Council with information regarding the statutory
limitations within C.R.S. 29-27-101, et seq, and explained how the provisions of that statute
could be interpreted to prohibit the City from providing public access to WiFi in public places,
including the parks, library, and future planned outdoor public areas.
SUMMARY:
A voter-approved exemption from C.R.S. 29-27-101 et seq, would restore the
Through 2005. to prior had and that autonomy cable a telecommunications Englewood
successful C.R.S. 29-27-101 et seq, election, the city will have the option to provide a wide
spectrum of services, including:
• free Internet service in city facilities, parks and community centers;
• leverage government infrastructure and partner with private businesses to provide
affordable and high-speed Internet service throughout the community; and
• future options of partnering with private businesses to provide broadband services
throughout the community.
ANALYSIS:
Prior to 2005, local governments had authority to construct communications networks, and to
use those networks for whatever purposes deemed appropriate by the local governing body. In
2005, at the urging of telecommunications service providers, the General Assembly passed SB-
152 (codified at C.R.S. §29-27-101, et seq.). The statute prohibits local governments from
providing cable, telecommunications or advanced services (basically defined as anything
slightly faster than dial-up) with limited exceptions. C.R.S. 29-27-101 et seq. does not simply
prohibit a local government from being a communications service provider. The statute broadly
defines the provision of service to include entering into public-private partnerships, where a local
government might lease conduit or fiber to private companies to utilize in their own networks,
Page 81 of 163
when those companies sell services to end users. With limited exceptions, these public-private
partnerships are also prohibited by the statute. Even the provision of WiFi service in government
buildings is technically prohibited by the statute.
In the fifteen years since this State law was enacted more than 100 municipalities have
successfully passed questions related to exempting out from the restrictions of C.R.S. 29-27-
101 et seq. in order to better serve the needs of their communities.
C.R.S. 29-27-201 provides in pertinent part:
Before a local government may engage or offer to engage in providing cable television
service, telecommunications service, or advanced service, an election shall be called on
whether or not the local government shall provide the proposed cable television service,
telecommunications service, or advanced service.
The provisions of a ballot measure would include references to the following concerns:
1. Without increasing taxes,
2. Authorize the City to provide, either directly or indirectly, all services restricted since
2005 by Title 29, Article 27 of the Colorado Revised Statutes,
3. Describe the possible services as high-speed internet, telecommunication services,
and/or cable televisions services,
4. With the goal of enhancing economic development and improving high bandwidth
services,
5. Benefiting residents, businesses, schools, libraries, nonprofit entities and other users of
such services,
6. With no limitation upon existing home rule authority.
FINANCIAL IMPLICATIONS:
None initially, other than the general costs associated with an election. The financial
implications of any proposed projects considered in accordance with this ballot measure would
have to be evaluated on a project-by-project basis.
ALTERNATIVES:
Status Quo, possibly removing public WiFi access from public spaces.
CONCLUSION:
With voter approval, Englewood would be exempted from the state law that otherwise limits the
city from improving the community’s broadband capabilities, and providing access to WiFi in
public spaces.
ATTACHMENTS:
Page 82 of 163
Council Bill #22
C.R.S. 29-27-101 et seq, as originally adopted in 2005 as Senate Bill 152
Page 83 of 163
1
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 22
SERIES OF 2020 INTRODUCED BY COUNCIL
MEMBER STONE
AN ORDINANCE SUBMITTING TO A VOTE OF THE
REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT
THE NOVEMBER 3, 2020 GENERAL ELECTION A BALLOT
ISSUE TO AUTHORIZE, BUT NOT OBLIGATE, THE CITY OF
ENGLEWOOD, WITHOUT INCREASING TAXES, TO PROVIDE
HIGH-SPEED INTERNET SERVICES (ADVANCED SERVICES),
TELECOMMUNICATION SERVICES, AND/OR CABLE
TELEVISION SERVICES AS DEFINED BY ARTICLE 27 OF TITLE
29 OF THE COLORADO REVISED STATUTES.
WHEREAS, this bill for an ordinance would submit to the registered voters of the City
of Englewood a ballot question regarding authorizing, but not obligating, the City of
Englewood to provide high-speed internet services (advanced services), telecommunication
services, and/or cable television services as defined by Article 27 of Title 29 of the Colorado
Revised Statutes, including but not limited to, any new and improved high bandwidth services
based on future technologies, to residents, businesses, schools, libraries, nonprofit entities, and
other users of such services, either directly, or indirectly with or without public and/or private
sector partners, without limiting its home rule authority; and
WHEREAS, C.R.S. 29-27-101 provides that cable television service,
telecommunications service, and high-speed internet access (a.k.a. advanced service) are a
matter of statewide concern;
WHEREAS, C.R.S. 29-27-201 allows local governments to submit to its voters a
ballot measure exempting such local government from the limits of Title 29, Article 27, and
WHEREAS, C.R.S. 29-27-201 requires that the ballot measure shall pose the question
as a single subject and shall include a description of the nature of the proposed service, the role
that the local government will have in provision of the service, and the intended subscribers of
such service.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. The following ballot issue shall be submitted to the registered
electors of the City of Englewood at the general election on November 3, 2020:
Page 84 of 163
2
SHALL THE CITY OF ENGLEWOOD, WITHOUT INCREASING TAXES, BE
AUTHORIZED BUT NOT OBLIGATED TO PROVIDE HIGH-SPEED INTERNET
SERVICES (ADVANCED SERVICES), TELECOMMUNICATION SERVICES,
AND/OR CABLE TELEVISION SERVICES AS DEFINED BY ARTICLE 27 OF TITLE
29 OF THE COLORADO REVISED STATUTES, INCLUDING BUT NOT LIMITED
TO, ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICES BASED ON
FUTURE TECHNOLOGIES, TO RESIDENTS, BUSINESSES, SCHOOLS,
LIBRARIES, NONPROFIT ENTITIES, AND OTHER USERS OF SUCH SERVICES
WITHIN THE BOUNDARIES OF THE CITY, EITHER DIRECTLY OR INDIRECTLY,
WITH OR WITHOUT PUBLIC AND/OR PRIVATE SECTOR PARTNERS, WITHOUT
LIMITING ITS HOME RULE AUTHORITY?
YES __ NO __
Section 2. For purposes of C.R.S. § 1-11-203.5, this Ordinance shall serve to
set the title and content of the ballot issue set forth herein and the ballot title for such
question shall be the text of the question itself.
Section 3. If any section, paragraph, clause, or other portion of this Ordinance
is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall
not affect any of the remaining portions of this Ordinance.
Introduced, read in full, and passed on first reading on the 1st day of June, 2020.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 4th
day of June, 2020.
Read by Title and passed on final reading on the 15th day of June, 2020.
Published by Title in the City’s official newspaper as Ordinance No. ___, Series
of 2020, on the 18th day of June, 2020
Published by title on the City’s official website beginning on the 17th day of June,
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
Page 85 of 163
3
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 86 of 163
________
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.
SENATE BILL 05-152
BY SENATOR(S) Veiga, and Mitchell;
also REPRESENTATIVE(S) Jahn, Crane, Harvey, Kerr, and Sullivan.
CONCERNING LOCAL GOVERNMENT COMPETITION IN THE PROVISION OF
SPECIFIED COMMUNICATIONS SERVICES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 29, Colorado Revised Statutes, is amended BY
THE ADDITION OF A NEW ARTICLE to read:
ARTICLE 27
Competition in Utility and Entertainment Services
PART 1
COMPETITION IN UTILITY
AND ENTERTAINMENT SERVICES
29-27-101. Legislative declaration. (1) THE GENERAL ASSEMBLY
HEREBY FINDS AND DECLARES THAT IT IS THE POLICY OF THIS STATE TO
ENSURE THAT CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE,
AND HIGH SPEED INTERNET ACCESS, OTHERWISE KNOWN AS ADVANCED
SERVICE, ARE EACH PROVIDED WITHIN A CONSISTENT, COMPREHENSIVE, AND
NOTE: This bill has been prepared for the signature of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
Page 87 of 163
PAGE 2-SENATE BILL 05-152
NONDISCRIMINATORY FEDERAL, STATE, AND LOCAL GOVERNMENT
FRAMEWORK.
(2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT:
(a) THERE IS A NEED FOR STATEWIDE UNIFORMITY IN THE
REGULATION OF ALL PUBLIC AND PRIVATE ENTITIES THAT PROVIDE CABLE
TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, AND ADVANCED
SERVICE.
(b) MUNICIPAL ORDINANCES, RULES, AND OTHER REGULATIONS
GOVERNING THE PROVISION OF CABLE TELEVISION SERVICE,
TELECOMMUNICATIONS SERVICE, AND ADVANCED SERVICE BY A LOCAL
GOVERNMENT IMPACT PERSONS LIVING OUTSIDE THE MUNICIPALITY.
(c) REGULATING THE PROVISION OF CABLE TELEVISION SERVICE,
TELECOMMUNICATIONS SERVICE, AND ADVANCED SERVICE BY A LOCAL
GOVERNMENT IS A MATTER OF STATEWIDE CONCERN.
29-27-102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "ADVANCED SERVICE" MEANS HIGH-SPEED INTERNET ACCESS
CAPABILITY IN EXCESS OF TWO HUNDRED FIFTY-SIX KILOBITS PER SECOND
BOTH UPSTREAM AND DOWNSTREAM.
(2) "CABLE TELEVISION SERVICE" MEANS THE ONE-WAY
TRANSMISSION TO SUBSCRIBERS OF VIDEO PROGRAMMING OR OTHER
PROGRAMMING SERVICE, AS WELL AS SUBSCRIBER INTERACTION, IF ANY,
THAT IS REQUIRED FOR THE SELECTION OR USE OF THE VIDEO PROGRAMMING
OR OTHER PROGRAMMING SERVICE.
(3) "LOCAL GOVERNMENT" MEANS ANY CITY, COUNTY, CITY AND
COUNTY, SPECIAL DISTRICT, OR OTHER POLITICAL SUBDIVISION OF THIS
STATE.
(4) "PRIVATE PROVIDER" MEANS A PRIVATE ENTITY THAT PROVIDES
CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED
SERVICE.
(5) "SUBSCRIBER" MEANS A PERSON THAT LAWFULLY RECEIVES
Page 88 of 163
PAGE 3-SENATE BILL 05-152
CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED
SERVICE. A PERSON THAT UTILIZES CABLE TELEVISION SERVICE,
TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE PROVIDED BY A
LOCAL GOVERNMENT FOR LOCAL GOVERNMENTAL OR INTERGOVERNMENTAL
PURPOSES AND IS USED BY PERSONS ACCESSING GOVERNMENT SERVICES IS
NOT A SUBSCRIBER FOR PURPOSES OF THIS ARTICLE.
(6) "TELECOMMUNICATIONS SERVICE" HAS THE SAME MEANING AS
SET FORTH IN SECTION 40-15-102 (29), C.R.S.
29-27-103. Limitations on providing cable television,
telecommunications, and advanced services. (1) EXCEPT AS PROVIDED
IN THIS ARTICLE, A LOCAL GOVERNMENT SHALL NOT:
(a) PROVIDE TO ONE OR MORE SUBSCRIBERS CABLE TELEVISION
SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE; OR
(b) PURCHASE, LEASE, CONSTRUCT, MAINTAIN, OR OPERATE ANY
FACILITY FOR THE PURPOSE OF PROVIDING CABLE TELEVISION SERVICE,
TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE TO ONE OR MORE
SUBSCRIBERS.
(2) FOR PURPOSES OF THIS ARTICLE, A LOCAL GOVERNMENT
PROVIDES CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR
ADVANCED SERVICE IF THE LOCAL GOVERNMENT PROVIDES THE CABLE
TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED
SERVICE TO ONE OR MORE SUBSCRIBERS:
(a) DIRECTLY;
(b) INDIRECTLY BY MEANS THAT INCLUDE BUT ARE NOT LIMITED TO
THE FOLLOWING:
(I) THROUGH AN AUTHORITY OR INSTRUMENTALITY ACTING ON
BEHALF OF THE LOCAL GOVERNMENT OR FOR THE BENEFIT OF THE LOCAL
GOVERNMENT BY ITSELF;
(II) THROUGH A PARTNERSHIP OR JOINT VENTURE;
(III) THROUGH A SALE AND LEASEBACK ARRANGEMENT;
Page 89 of 163
PAGE 4-SENATE BILL 05-152
(c) BY CONTRACT, INCLUDING A CONTRACT WHEREBY THE LOCAL
GOVERNMENT LEASES, SELLS CAPACITY IN, OR GRANTS OTHER SIMILAR
RIGHTS TO A PRIVATE PROVIDER TO USE LOCAL GOVERNMENTAL FACILITIES
DESIGNED OR CONSTRUCTED TO PROVIDE CABLE TELEVISION SERVICE,
TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE FOR INTERNAL
LOCAL GOVERNMENT PURPOSES IN CONNECTION WITH A PRIVATE PROVIDER'S
OFFERING OF CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE,
OR ADVANCED SERVICE; OR
(d) THROUGH SALE OR PURCHASE OF RESALE OR WHOLESALE CABLE
TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED
SERVICE FOR THE PURPOSE OF PROVIDING CABLE TELEVISION SERVICE,
TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE TO ONE OR MORE
SUBSCRIBERS.
(3) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT THE
AUTHORITY OF A LOCAL GOVERNMENT TO LEASE TO A PRIVATE PROVIDER
PHYSICAL SPACE IN OR ON ITS PROPERTY FOR THE PLACEMENT OF EQUIPMENT
OR FACILITIES THE PRIVATE PROVIDER USES TO PROVIDE CABLE TELEVISION,
TELECOMMUNICATIONS, OR ADVANCED SERVICES.
PART 2
CONDITIONS FOR PROVIDING SERVICES
29-27-201. Vote - referendum. (1) BEFORE A LOCAL GOVERNMENT
MAY ENGAGE OR OFFER TO ENGAGE IN PROVIDING CABLE TELEVISION
SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE, AN
ELECTION SHALL BE CALLED ON WHETHER OR NOT THE LOCAL GOVERNMENT
SHALL PROVIDE THE PROPOSED CABLE TELEVISION SERVICE,
TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE.
(2) THE BALLOT AT AN ELECTION CONDUCTED PURSUANT TO THIS
SECTION SHALL POSE THE QUESTION AS A SINGLE SUBJECT AND SHALL
INCLUDE A DESCRIPTION OF THE NATURE OF THE PROPOSED SERVICE, THE
ROLE THAT THE LOCAL GOVERNMENT WILL HAVE IN PROVISION OF THE
SERVICE, AND THE INTENDED SUBSCRIBERS OF SUCH SERVICE. THE BALLOT
PROPOSITION SHALL NOT TAKE EFFECT UNTIL SUBMITTED TO THE ELECTORS
AND APPROVED BY THE MAJORITY OF THOSE VOTING ON THE BALLOT.
29-27-202. Exemption for unserved areas. (1) A LOCAL
GOVERNMENT SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS PART 2
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PAGE 5-SENATE BILL 05-152
AND MAY ENGAGE OR OFFER TO ENGAGE IN PROVIDING CABLE TELEVISION
SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCE SERVICE IF:
(a) NO PRIVATE PROVIDER OF CABLE TELEVISION SERVICE,
TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE PROVIDES THE
SERVICE ANYWHERE WITHIN THE BOUNDARIES OF THE LOCAL GOVERNMENT;
(b) THE GOVERNING BODY OF THE LOCAL GOVERNMENT HAS
SUBMITTED A WRITTEN REQUEST TO PROVIDE THE SERVICE TO ANY
INCUMBENT PROVIDER OF CABLE TELEVISION SERVICE,
TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE WITHIN THE
BOUNDARIES OF THE LOCAL GOVERNMENT; AND
(c) THE INCUMBENT PROVIDER HAS NOT AGREED WITHIN SIXTY DAYS
OF THE RECEIPT OF A REQUEST SUBMITTED PURSUANT TO PARAGRAPH (b) OF
THIS SUBSECTION (1) TO PROVIDE THE SERVICE OR, IF THE PROVIDER HAS
AGREED, IT HAS NOT COMMENCED PROVIDING THE SERVICE WITHIN
FOURTEEN MONTHS OF THE RECEIPT OF THE REQUEST.
PART 3
COMPLIANCE WITH LOCAL, STATE,
AND FEDERAL REGULATIONS
29-27-301. General operating limitations. (1) A LOCAL
GOVERNMENT THAT PROVIDES CABLE TELEVISION SERVICE,
TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE UNDER THIS
ARTICLE SHALL COMPLY WITH ALL STATE AND FEDERAL LAWS, RULES, AND
REGULATIONS GOVERNING PROVISION OF SUCH SERVICE BY A PRIVATE
PROVIDER; EXCEPT THAT NOTHING HEREIN SHALL BE CONSTRUED TO AFFECT
THE JURISDICTION OF THE PUBLIC UTILITIES COMMISSION WITH RESPECT TO
MUNICIPAL UTILITIES.
(2) (a) A LOCAL GOVERNMENT SHALL NOT MAKE OR GRANT ANY
UNDUE OR UNREASONABLE PREFERENCE OR ADVANTAGE TO ITSELF OR TO
ANY PRIVATE PROVIDER OF CABLE TELEVISION SERVICES,
TELECOMMUNICATIONS SERVICES, OR ADVANCED SERVICES.
(b) A LOCAL GOVERNMENT SHALL APPLY WITHOUT DISCRIMINATION
AS TO ITSELF AND TO ANY PRIVATE PROVIDER THE LOCAL GOVERNMENT'S
ORDINANCES, RULES, AND POLICIES, INCLUDING THOSE RELATING TO:
Page 91 of 163
PAGE 6-SENATE BILL 05-152
(I) OBLIGATION TO SERVE;
(II) ACCESS TO PUBLIC RIGHTS-OF-WAY;
(III) PERMITTING;
(IV) PERFORMANCE BONDING WHERE AN ENTITY OTHER THAN THE
LOCAL GOVERNMENT IS PERFORMING THE WORK;
(V) REPORTING; AND
(VI) QUALITY OF SERVICE.
29-27-302. Scope of article. (1) NOTHING IN THIS ARTICLE SHALL
BE CONSTRUED TO AUTHORIZE ANY LOCAL GOVERNMENT TO:
(a) PROVIDE, DIRECTLY OR INDIRECTLY, CABLE TELEVISION SERVICE,
TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE; OR
(b) PURCHASE, LEASE, CONSTRUCT, MAINTAIN, OR OPERATE A
FACILITY FOR THE PURPOSE OF PROVIDING, DIRECTLY OR INDIRECTLY, CABLE
TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED
SERVICE.
(2) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO APPLY TO A
LOCAL GOVERNMENT PURCHASING, LEASING, CONSTRUCTING, MAINTAINING,
OR OPERATING FACILITIES THAT ARE DESIGNED TO PROVIDE CABLE
TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED
SERVICE THAT THE LOCAL GOVERNMENT USES FOR INTERNAL OR
INTERGOVERNMENTAL PURPOSES.
(3) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO APPLY TO
THE SALE OR LEASE BY A LOCAL GOVERNMENT TO PRIVATE PROVIDERS OF
EXCESS CAPACITY, PROVIDED:
(a) SUCH EXCESS CAPACITY IS INSUBSTANTIAL IN RELATION TO THE
CAPACITY UTILIZED BY THE LOCAL GOVERNMENT FOR ITS OWN PURPOSES;
AND
(b) THE OPPORTUNITY TO PURCHASE AND THE OPPORTUNITY TO USE
SUCH EXCESS CAPACITY IS MADE AVAILABLE TO ANY PRIVATE PROVIDER IN
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PAGE 7-SENATE BILL 05-152
A NONDISCRIMINATORY, NONEXCLUSIVE, AND COMPETITIVELY NEUTRAL
MANNER.
(4) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT EITHER
THE AUTHORITY OF THE STATEWIDE INTERNET PORTAL AUTHORITY CREATED
IN SECTION 24-37.7-102, C.R.S., TO CARRY OUT ITS MISSION OR TO
INTEGRATE THE ELECTRONIC INFORMATION DELIVERY SYSTEMS OF LOCAL
GOVERNMENTS INTO THE STATEWIDE INTERNET PORTAL AS DEFINED IN
ARTICLE 37.7 OF TITLE 24, C.R.S.
29-27-303. Enforcement and appeal. (1) BEFORE AN INDIVIDUAL
SUBSCRIBER OR A PRIVATE PROVIDER THAT COMPETES WITH A LOCAL
GOVERNMENT IN THE GEOGRAPHIC BOUNDARIES OF THE LOCAL GOVERNMENT
MAY FILE AN ACTION IN DISTRICT COURT FOR VIOLATION OF THIS ARTICLE,
THAT PERSON SHALL FILE A WRITTEN COMPLAINT WITH THE LOCAL
GOVERNMENT. THE FAILURE BY THE LOCAL GOVERNMENT TO ISSUE A FINAL
DECISION REGARDING THE COMPLAINT WITHIN FORTY-FIVE DAYS SHALL BE
TREATED AS AN ADVERSE DECISION FOR PURPOSES OF APPEAL.
(2) AN APPEAL OF AN ADVERSE DECISION FROM THE LOCAL
GOVERNMENT MAY BE TAKEN TO THE DISTRICT COURT FOR A DE NOVO
PROCEEDING.
29-27-304. Applicability. THIS ARTICLE SHALL APPLY TO CABLE
TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, AND ADVANCED
SERVICE AND TO THE PURCHASE, LEASE, CONSTRUCTION, MAINTENANCE, OR
OPERATION OF ANY FACILITY FOR THE PURPOSE OF PROVIDING SUCH SERVICE,
FOR WHICH A LOCAL GOVERNMENT HAS NOT ENTERED INTO AN AGREEMENT
OR OTHERWISE TAKEN ANY SUBSTANTIAL ACTION PRIOR TO MARCH 1, 2005,
TO PROVIDE SUCH SERVICE OR PURCHASE, LEASE, CONSTRUCT, MAINTAIN, OR
OPERATE SUCH FACILITIES.
SECTION 2. Safety clause. The general assembly hereby finds,
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PAGE 8-SENATE BILL 05-152
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
____________________________ ____________________________
Joan Fitz-Gerald Andrew Romanoff
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Karen Goldman Marilyn Eddins
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Bill Owens
GOVERNOR OF THE STATE OF COLORADO
Page 94 of 163
STUDY SESSION
TO: Mayor and Council
FROM: Maria Sobota
DEPARTMENT: Finance & Administrative Services
DATE: June 15, 2020
SUBJECT:
CB #23 - An ordinance to submit a ballot issue to electors, re:
Lodging Tax
DESCRIPTION:
CB #23 - An ordinance to submit a ballot issue to electors, re: Lodging Tax
RECOMMENDATION:
Staff requests City Council consider and approve Council Bill #23 to submit a ballot issue to
electors allowing the City to raise the sales tax upon lodging, i.e. "Lodgers' Ta x".
PREVIOUS COUNCIL ACTION:
At the May 18, 2020 Study Session, Maria Sobota, Finance Director, and Heather Driscoll,
Revenue and Audit Supervisor, provided the City Council with information regarding the
elements of an anticipated draft ordinance to submit a ballot issue to the registered electors of
the City of Englewood at the November 2, 3020 General Election to authorize the City of
Englewood to increase the lodging tax 3%.
At the April 20, 2020 Study Session, Maria Sobota, Finance Director, and Heather Driscoll,
Revenue and Audit Supervisor, provided the City Council with information regarding the
Lodger's Rates charged by other cities located in the Denver metro area. Council provided
initial consensus regarding: establishing a single Lodger's Sales Tax that encompasses all
forms of lodging including short term rentals, establishing a total single lodger's rate of 5% (an
increase of 3% above the current rate) rather than providing for a rate that could be increased or
decreased within an established range, and decided that all revenues should go into the
General Fund to be utilized for those municipal needs determined annually.
At the March 2, 2020 Study Session, the Finance Director provided City Council with data,
asking them to consider a 3.0% increase to the current 2% Lodging Tax; the increase would
result in an 8.5% total City Lodging Tax.
SUMMARY:
If the City Council increases the current Lodging Tax Rate (which incorporates short term
rentals as well as other forms of lodging), it is anticipated that the City would receive additional
revenues. Lodging tax rates have been found to have negligible impact on hotel and STR visitor
decision making.
ANALYSIS:
Page 95 of 163
To assure the strictest compliance with the Fair Campaign Practices Act, draft language for
possible inclusion within the ballot question is set forth in the provisions below, but is not being
provided in the form of either a Ballot Title or a Ballot Question.
1. City of Englewood taxes will be increased by $________ annually in the first fiscal year,
and by such amounts as are raised annually thereafter.
2. The increase in the City's lodging tax will be from 2% to 5%, with such tax to be levied
on the cost of the rental fee, price or other consideration paid or received for the lodging
on each full dollar of said rental fee, cost or other consideration paid.
3. The tax increase will become effective on January 1, 2021.
4. The revenues from the lodger’s tax will be used for any lawful governmental purpose
determined by the city council.
5. TABOR provision to allow the revenues from such tax and any investment earnings
thereon be collected and spent by the city as a voter-approved revenue change, without
regard to any spending, revenue-raising or other limitation contained in article x, section
20 of the Colorado Constitution or any other law.
FINANCIAL IMPLICATIONS:
The revenue generated by this change is dependent upon multiple factors. Staff estimates that
the revenue generated from the proposed increase in the lodger's tax would be less than
$100,000 annually.
ALTERNATIVES:
1.) Propose no changes to the Lodging Tax.
2.) Propose a different rate than the rate discussed by Council on April 20th.
CONCLUSION:
With voter approval, Englewood would be authorized to increase the Lodging Tax from 2% to
5%.
ATTACHMENTS:
Council Bill #23
FCPA Article 2018 Update
Page 96 of 163
1
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 23
SERIES OF 2020 INTRODUCED BY COUNCIL
MEMBER __________
A BILL FOR
AN ORDINANCE SUBMITTING TO A VOTE OF THE
REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT
THE NOVEMBER 3, 2020 GENERAL ELECTION A BALLOT
ISSUE TO AUTHORIZE THE CITY OF ENGLEWOOD LODGING
TAX TO BE INCREASED FROM 2% TO 5%, WITH THE
RESULTING REVENUE TO BE USED TO FUND ANY LAWFUL
GOVERNMENTAL PURPOSE DETERMINED BY THE CITY
COUNCIL, AND WITH THE RESULTING TAX REVENUE BEING
ALLOWED TO BE COLLECTED AND SPENT
NOTWITHSTANDING ANY LIMITATIONS PROVIDED BY LAW
WHEREAS, this bill for an ordinance would submit to the registered voters of the
City of Englewood a ballot question issue regarding increasing City taxes by imposing an
additional 3% tax on the sale of lodging in the City, with the resulting tax revenue to be
used to fund any lawful governmental purpose determined by the City Council, and with
the resulting tax revenue being allowed to be collected and spent notwithstanding any
limitations provided by law; and
WHEREAS, Article X, § 20 of the Colorado Constitution, commonly known as
TABOR, requires that the City receive voter approval prior to the increase of any tax.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. The following ballot issue shall be submitted to the registered
electors of the City of Englewood at the special election on November 3, 2020:
SHALL CITY OF ENGLEWOOD TAXES BE INCREASED BY
$________ ANNUALLY IN THE FIRST FISCAL YEAR, AND BY
SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER, BY
AN INCREASE IN THE CITY'S LODGING TAX FROM 2% TO 5%,
WITH SUCH TAX TO BE LEVIED ON THE COST OF THE RENTAL
FEE, PRICE OR OTHER CONSIDERATION PAID OR RECEIVED FOR
THE LODGING ON EACH FULL DOLLAR OF SAID RENTAL FEE,
COST OR OTHER CONSIDERATION PAID, WITH THE TAX
INCREASE COMMENCING ON JANUARY 1, 2021, WITH THE
REVENUES FROM SUCH TAX TO BE USED FOR ANY LAWFUL
GOVERNMENTAL PURPOSE DETERMINED BY THE CITY
COUNCIL; AND SHALL THE REVENUES FROM SUCH TAX AND
Page 97 of 163
2
ANY INVESTMENT EARNINGS THEREON BE COLLECTED AND
SPENT BY THE CITY AS A VOTER-APPROVED REVENUE
CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-
RAISING OR OTHER LIMITATION CONTAINED IN ARTICLE X,
SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER
LAW?
YES __ NO __
Section 2. For purposes of C.R.S. § 1-11-203.5, this Ordinance shall serve to
set the title and content of the ballot issue set forth herein and the ballot title for such
question shall be the text of the question itself.
Section 3. If any section, paragraph, clause, or other portion of this Ordinance
is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall
not affect any of the remaining portions of this Ordinance.
Introduced, read in full, and passed on first reading on the 15th day of June, 2020.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 18th
day of June, 2020.
Published as a Bill for an Ordinance on the City's official website beginning on the 17th
day of June, 2020 for thirty (30) days.
_______________________________
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 Bill for Ordinance introduced, read in full,
and passed on first reading on the 15th day of June, 2020.
______________________________
Stephanie Carlile, City Clerk
Page 98 of 163
Colorado’s Fair Campaign Practices Act Restricts Use of Public Funds
Ballots in statewide or local elections often include issues of profound importance to Colorado
municipalities. As community leaders, municipal officials can and should become actively involved in the
public discussion of these issues. However, the state Fair Campaign Practices Act (FCPA) places
significant restrictions on the use of public funds for advocacy purposes or for dispensing information in
connection with local or statewide ballot issues (C.R.S. § 1-45-117).
The FCPA restrictions on the use of public funds apply:
once a statewide petition has been submitted for title setting,
once a title has been set for a local initiative or referendum,
upon final action of the governing body placing a referred measure on the ballot, and
once the recall election of any officer has been certified to voters.
These guidelines are intended to provide municipal officials and employees with general guidance
concerning what they may or may not do, consistent with the FCPA. However, your municipal attorney
should be consulted before any action is taken that could be viewed as subject to the public-funds
restrictions in the FCPA.
Permissible activities
It is permissible to do the following in campaigns in support of or in opposition to a proposed measure:
1. The local governing body may take a position of advocacy on the issue. The governing body may
pass a resolution and take a public stand urging the electorate to vote for or against any matter.
Local governments may report the passage of or distribute such resolutions “through
established, customary means, other than paid advertising, by which information about other
proceedings of [the governing body] is regularly provided to the public” (such as via a local
government newsletter or cable television broadcast).
2. The Act provides that any public official who has “policy-making responsibilities” may spend up
to $50 of public money on phone calls, letters, or other activities “incidental” to expressing his
or her opinion on any issue. It is advisable to consult with your municipal attorney before
expending public funds in reliance on this provision.
3. Elected officials may speak out on the issues presented on the ballot. There is no limitation in
the FCPA on the right of public officials to address any matter before the electorate; the
limitations in the Act are on the expenditure of public funds.
4. Public employees and paid elected officials may work on a campaign and speak out on the issues
on their own time. Any public employee who becomes involved in the campaign should be
prepared to document that such work was done on his or her own time. If the public employee
is on a recorded-hour system, make sure the record reflects that the public employee took time
off from public duties to engage in campaign activities.
Page 99 of 163
5. Public employees may respond to unsolicited questions or requests for information about a
ballot issue; however, the local government should carefully avoid producing information for
distribution that is designed to influence the passage or defeat the issue.
6. The local governing body may use public funds to develop and distribute a factual summary on
any issue that will appear on a ballot in the jurisdiction. The summary must include arguments
for or against the proposal, but the summary itself may not contain a conclusion or opinion in
favor of or against the proposal.
Impermissible activities
It is impermissible under the FCPA, except as indicated above, to do the following in campaigns in
support of or in opposition to a proposed measure:
1. Use or expend public funds or supplies;
2. Allow employees or paid officers to work on a campaign during their working hours or use any
public facility or equipment for the purposes of a campaign;
3. Provide transportation or advertising using public property or funds to influence, directly or
indirectly, the passage or defeat of any issue; or
4. Grant an employee or officer leave from his job or office with the local government, with pay, to
work on a campaign.
For more information, contact Laurel Witt, CML Staff Attorney, at lwitt@cml.org or 303-831-6411.
Page 100 of 163
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Wade Burkholder
DEPARTMENT: Community Development
DATE: June 15, 2020
SUBJECT:
CB #24 - Intergovernmental Agreement - RTD and City of
Englewood
DESCRIPTION:
CB #24 - Intergovernmental Agreement - RTD and City of Englewood
RECOMMENDATION:
Staff recommends City Council approve a bill for an ordinance for an Intergovernmental
Agreement (IGA) between the Regional Transportation District (RTD) and the City of
Englewood for cost sharing of the Englewood Trolley service.
PREVIOUS COUNCIL ACTION:
City Council has approved IGAs between the City and the Regional Transportation District
(RTD) for cost sharing of the Englewood Trolley operations from 2004 through 2019.
SUMMARY:
Consistent with the previous IGAs, the proposed IGA will provide that RTD will reimburse the
City 100% of all net operating costs as set forth in Exhibit B of the IGA, less estimated farebox
revenue. The total budget for 2020 Englewood Trolley operations is $410,501, composed of
operating expenses of $378,581 and estimated fuel costs of $31,920.
As with the prior agreements, the City will also provide fuel to reduce costs by eliminating state
and federal gasoline taxes. The City will reimburse RTD an amount equal to the farebox
revenue ($85,000) for 2020 that would have been collected had the Englewood Trolley operated
as a fare service rather than a free service. The amount of the compensation is determined
through a survey of riders. The survey results indicate the number of riders that did not have a
bus pass or transfer and are subject to the standard, reduced senior or student fare, which is
the basis for the farebox revenue calculation. For calendar year 2020, the total program cost is
$410,501 of which RTD's portion is $325,501, and the City's portion is $85,000.
FINANCIAL IMPLICATIONS:
RTD will reimburse the City for all operation and fuel costs, less the farebox revenue fare
amount. For the 2020 contract period, the estimated farebox revenue amount is $85,000 and
this amount is included in the approved 2020 Community Development Department budget. The
IGA provides a significant portion of the financial resources necessary to continue operating the
trolley. The trolley operates Monday through Friday, 6:30 am to 6:30 pm at no cost to riders.
Page 101 of 163
ATTACHMENTS:
Council Bill #24
IGA for 2020 RTD Funding of Englewood Trolley
Page 102 of 163
1
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 24
SERIES OF 2020 INTRODUCED BY COUNCIL
MEMBER ________________
A BILL FOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT FOR 2020 RTD FUNDING OF LOCAL TRANSPORTATION
SERVICES WITH THE CITY OF ENGLEWOOD FOR THE ENGLEWOOD
TROLLEY
WHEREAS, Council has approved Intergovernmental Agreements (IGA) between the City
and the Regional Transportation District (RTD) for funding of the Englewood Trolley from 2004 through
2019;
WHEREAS, the City will reimburse RTD in an amount equal to the local fares that would have
been collected had the trolley operated as a fare service rather than free service; and
WHEREAS, for calendar year 2020, the estimated lost fare amount equals $85,000, which has
been budgeted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the IGA
entitled “2020 RTD Funding of Local Transportation Services” (Englewood Trolley) between the
Regional Transportation District (RTD) and the City of Englewood, Colorado, as attached hereto as
Exhibit A.
Section 2. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental
Agreement for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 15th day of June, 2020.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 18th day of
June, 2020.
Published as a Bill for an Ordinance on the City’s official website beginning on the 17th day of
June, 2020 for thirty (30) days.
Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
Page 103 of 163
2
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and
foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading
on the 15th day of June 2020.
Stephanie Carlile
Page 104 of 163
INTERGOVERNMENTAL AGREEMENT
FOR
2020 RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
WITH
CITY OF ENGLEWOOD for the ENGLEWOOD TROLLEY
This Intergovernmental Agreement for 2020 RTD Funding of Local Transportation Services with
the City of Englewood for the Englewood Trolley (“Agreement”) is made and entered into as of
the Effective Date, between the Regional Transportation District, a political subdivision of the
State of Colorado organized pursuant to the Regional Transportation District Act, C.R.S. § 32-9-
101, et seq., (“RTD”) and the City of Englewood, Colorado, a Colorado home rule city (“Local
Entity”). The Local Entity and RTD may also be referred to herein individually as a “Party” and
collectively as the “Parties”.
RECITALS
A. RTD is authorized by the Regional Transportation District Act, C.R.S. §§ 32-9-101,
et seq. (the “RTD Act”), to develop, maintain, and operate a mass transportation
system for the benefit of the inhabitants of its District, as defined by the RTD Act.
B. Pursuant to the Colorado Constitution, Article XIV, Section 18(2)(a), and C.R.S. §§
29-1-203 et seq., both RTD and the Local Entity may cooperate or contract with
each other to provide any function, service, or facility lawfully authorized to each,
and any such contract may provide for sharing of costs.
C. RTD currently operates a variety of fixed-route bus, light rail, and other transit
services in and around the Local Entity.
D. The Parties agree that the transit services provided by the City of Englewood
described in Exhibit A (“Services”) provide mobility and access to the business and
residential areas in and around the Local Entity.
E. Local Entity wishes to continue to provide the Services in 2020 and RTD wishes to
financially contribute to the provision of such Services in 2020 according to the
terms and conditions as agreed by the Parties, as set forth herein.
Page 105 of 163
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD TROLLEY)
Page 2 of 14
TERMS AND CONDITIONS
NOW THEREFORE, in consideration of the foregoing premises and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows.
1. GENERAL.
A. Exhibits. The following exhibits are attached and incorporated into this Agreement
by this reference:
Exhibit A: Description of the Services
Exhibit B: Description of the RTD Funding
Exhibit C: Communication and Notices – Contacts
Exhibit D: Special Provisions
Exhibit E: Transit Equity
B. Recitals. The recitals set forth above are incorporated herein by this reference.
C. Effective Date. This Agreement will be effective as of January 1, 2020.
D. Other Agreements. The Parties may have previously entered into various other
agreements which remain in effect until terminated and are not voided by or
otherwise amended by this Agreement, unless expressly set forth herein.
2. OPERATIONS, MANAGEMENT AND CONTROL OF THE SERVICES. The Local
Entity shall continue to manage and operate, either directly or through its designated
agent(s), the Services. The Local Entity and/or its designated agent(s) shall be solely
responsible for all operations, management, marketing, administration, and Services
delivery functions, including provision of vehicles, vehicle maintenance, insurance and
accounting. Except as specifically provided herein, RTD shall have no responsibility for
the operations and management of the Services. RTD shall have no responsibility for, or
authority or control with respect to, the supervision and management of any employees or
contractors who work in connection with the Services. The Local Entity shall operate the
Services in compliance with all applicable laws, regulations, orders, codes, directives,
permits, approvals, decisions, decrees, ordinances or by-laws having the force of law and
any common or civil law, including any amendment, extension or re-enactment of any of
the same, and all other instruments, orders and regulations made pursuant to statute
(collectively, “Laws”), and the Local Entity shall be solely responsible for compliance with
all applicable Laws. Notwithstanding RTD’s right to cease funding as provided in this
Agreement, RTD has no obligation or intent, nor right pursuant to this Agreement, to
otherwise continue the Services, if the Local Entity ceases to provide the Services.
Page 106 of 163
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD TROLLEY)
Page 3 of 14
3. SERVICES. The Services must be provided as described in Exhibit A. No material
changes may be made to the Services during the term of this Agreement without the written
agreement of both Parties, or if changes are made to the Services without the written
consent of RTD, then RTD may, at its sole option, terminate this Agreement with 30
business days’ notice by RTD and 30 business days for Local Entity to cure the deficiency
(“the cure period”). In the event that RTD terminates this Agreement in accordance with
this Section 3, RTD will not provide any funding for the Services after the cure period,
provided that the Local Entity has not cured the deficiency.
4. RTD FUNDING. RTD will reimburse Local Entity as partial funding for eligible Services
provided in accordance with Exhibit A at the rates set forth in Exhibit B, but such amount
will not exceed $325,501.00 (“RTD Funding”). RTD Funding does not include any
additional operating costs for services in excess of the Services as set out in Exhibit A,
including any special events and holidays. Under no circumstances will RTD be obligated
to pay more than the RTD Funding or for Services not actually provided by Local Entity.
5. INVOICING AND PAYMENT.
A. The Local Entity will submit an invoice to RTD on a monthly basis requesting
payment of the RTD Funding. Unless otherwise agreed by the Parties, the invoice
shall include an itemized list of reimbursable operating expenses and a summary of
service hours, mileage, passenger boardings, origin and destination information, and
any other information that RTD otherwise reasonably requests, deducting the
amount for estimated farebox revenue per Exhibit B.
B. RTD will pay all approved invoices within thirty calendar (30) days after RTD has
received the invoice. If RTD does not approve an invoice from the Local Entity,
RTD will provide a written explanation of disputed items within ten (10) calendar
days after RTD has received the invoice.
6. RECORDS. The Local Entity, or its designated agent, will maintain full and complete
financial records for the provision of the Services. Such records shall include any financial
information to support and document the operating costs and revenues relating to the
Services and any other financial information specifically requested by RTD. The Local
Entity, or its designated agent, shall make these records available to RTD for audit for a
period of three (3) years after final payment under this Agreement. If applicable, National
Transit Database (“NTD”) data shall be kept in accordance with Federal Transit
Administration (“FTA”) requirements and shall be reported as part of RTD’s NTD
submission.
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FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD TROLLEY)
Page 4 of 14
7. MARKETING.
A. The Services will not be designated, marketed, or promoted as an RTD-branded
service, except that the Local Entity shall allow RTD to display an appropriate RTD
logo stating that the Services are “in partnership with RTD” on all new vehicles used
to operate the Services and financially supported in part by RTD, if in the RTD
referenced area, through this Agreement. Costs for purchase, operations and
maintenance of vehicles for the Services are not included in the RTD Funding.
B. The Local Entity and/or its designated agent(s) will market the Services, and such
marketing will include but is not limited to developing a marketing plan and
implementing the plan. A marketing plan may include the following elements:
advertising, public relations, collateral materials, websites, coordination with other
transportation programs, outreach, and training. RTD will have the advance
opportunity to review and approve any marketing materials for the Services.
Marketing efforts are not included in the RTD Funding.
8. LIABILITY AND INSURANCE.
A. The Parties agree that RTD shall have no liability to third parties arising out of the
operations or management of the Services, or any other service operated, directly or
indirectly, by the Local Entity, and the Local Entity shall have no liability to third
parties arising out of the operations or management of any RTD services. This
provision shall survive termination of this Agreement.
B. The Local Entity and/or its designated agent(s) shall cause RTD and its officers and
employees to be named as additional insured on all insurance policies covering any
operations of the Services.
C. Without waiving the privileges and immunities conferred by the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 et seq., each Party shall be
responsible for any claims, demands or suits arising out of its own negligence. It is
specifically understood and agreed that nothing contained in this section or
elsewhere in this Agreement shall be construed as an express or implied waiver by
either Party of its governmental immunity including limitations of amounts or types
of liability or the governmental acceptance by either Party of liabilities arising as a
result of actions which lie in tort or could lie in tort in excess of the liabilities
allowable under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et
seq.
9. TRANSIT EQUITY. RTD has established a Title VI Program. The Local Entity must
adhere to all conditions in Exhibit E.
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FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD TROLLEY)
Page 5 of 14
10. GENERAL PROVISIONS.
A. Available Funding. This Agreement does not contain any multiple-fiscal year
financial obligations by either Party that extend beyond its current fiscal year (2020).
The financial obligations of each Party under this Agreement shall be subject to and
limited by the appropriation of sufficient funds therefore by its governing body.
Funds for this Agreement, as set out in Exhibit B, have been budgeted, authorized
and appropriated by the RTD Board of Directors only for the current fiscal year. If
the Parties intend to provide RTD Funding for future years, Exhibit B must be
amended in accordance with Section 10.G. Nothing herein obligates either Party to
budget, authorize or appropriate funds for any future fiscal year.
B. Other Sources of Funding. Nothing in this Agreement will prevent the Local Entity
from collecting contributions or fees from entities other than RTD to help defray
costs of providing the Service that are not subsidized by RTD under this Agreement,
except that RTD shall not be a party to any such third party arrangement.
C. Merger. This Agreement represents the entire agreement between the Parties with
respect to the subject matter hereof and all prior agreements, understandings or
negotiations shall be deemed merged herein. No representations, warranties,
promises or agreements, express or implied, shall exist between the Parties, except
as stated herein
D. Governing Law. This Agreement shall be interpreted and enforced according to the
laws of the State of Colorado, the ordinances of the City, the applicable provisions
of federal law, and the applicable rules and regulations promulgated under any of
them. Venue for any action hereunder shall be in Denver District Court, Colorado.
E. Communication and Notices. Any notices, bills, invoices or reports required by
this Agreement shall be sufficiently delivered if sent by the Parties in the United
States mail, postage prepaid, or by email to the Parties at the following addresses
specified on Exhibit C. The addresses or contacts may be changed by the Parties by
written notice to the other Party.
F. Term and Termination. This Agreement shall be deemed to have commenced on
the Effective Date and shall remain in effect until terminated in writing by the Parties
or by court order. Unless otherwise agreed, either Party may terminate this
Agreement on sixty (60) calendar days’ written notice. In the event of termination
by RTD for any reason other than default, RTD shall pay no more than the
reimbursable costs of the Services up to the date of termination. All provisions of
this Agreement that provide rights or create responsibilities for the Parties after
termination shall survive termination of this Agreement. Nothing herein obligates
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FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD TROLLEY)
Page 6 of 14
either Party to make funds available for the Services in any future fiscal year, and
nothing herein shall imply funding will be renewed at the same or any level.
G. Amendment. The Parties may, by written agreement, amend this Agreement or the
Exhibits to account for changes in RTD Funding and service levels. Nothing herein
obligates either Party to make funds available other than as specifically provided in
the attached Exhibits, and nothing herein shall imply funding or service will be
renewed at the same or any level.
H. Authority. The Parties represent that each has taken all actions that are necessary
or that are required by its procedures, bylaws, or applicable law to legally authorize
the undersigned signatories to execute this Agreement on behalf of the Parties and
to bind the Parties to its terms.
I. No Effect on RTD Rights or Authority. Nothing in this Agreement shall be
construed to limit RTD’s right to establish routes or services or to perform any
functions authorized by C.R.S. § 32-9-101 et. seq.
J. Assignment. Other than as specifically provided herein, the Parties agree that they
will not assign or transfer any of their rights or obligations under this Agreement
without first obtaining the written consent of the other Party.
K. Prohibited Interests. No director, officer, employee, or agent of RTD shall be
interested in any contract or transaction with RTD except in his or her official
representative capacity unless otherwise provided by the RTD Code of Ethics.
L. Severability. To the extent that this Agreement may be executed and performance
of the obligations of the Parties may be accomplished within the intent of the
Agreement, the terms of the Agreement are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such
invalidity or failure shall not affect the validity of any other terms or provision
hereof.
M. Waiver. The waiver of any breach of a term hereof shall not be construed as a
waiver of any other term, or the same term upon a subsequent breach.
N. No Third-Party Beneficiaries. It is expressly understood and agreed that
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 hereto, and
nothing contained in this Agreement shall give or allow any such claim or right of
action by any other or third person under this Agreement. It is the express intention
of the Parties to this Agreement that any person or entity other than the Parties
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FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD TROLLEY)
Page 7 of 14
receiving services or benefits under this Agreement be deemed an incidental
beneficiary only.
O. Changes in Law. This Agreement is subject to such modifications as may be
required by changes in City, state or federal law, or their implementing regulations.
Any such required modification shall automatically be incorporated into and be part
of this Agreement on the effective date of such change as if fully set forth herein.
P. Status of Parties.
(1) The Parties agree that the status of each Party shall be that of an
independent contractor to the other, and it is not intended, nor shall it be
construed, that one Party or any officer, employee, agent or contractor of
such Party is an employee, officer, agent, or representative of the other
Party. Nothing contained in the Agreement or documents incorporated by
reference herein or otherwise creates any partnership, joint venture, or
other association or relationship between the Parties. Any approval,
review, inspection, direction or instruction by RTD or any party on behalf
of RTD shall in no way affect either Party’s independent contractor status
or obligation to perform in accordance with this Agreement. Neither Party
has authorization, express or implied, to bind the other to any agreements,
liability, nor understanding except as expressly set forth in this Agreement.
(2) RTD shall have no responsibility for any federal and state taxes and
contributions for Social Security, unemployment insurance, income
withholding tax, and other taxes measured by wages paid to employees of
Local Entity and/or its designated agent(s). The Local Entity
acknowledges that it and its employees are not entitled to workers’
compensation benefits or unemployment insurance benefits from RTD,
unless the Local Entity or a third party provides such coverage, and that
RTD does not pay for or otherwise provide such coverage. The Local
Entity shall provide and keep in force workers’ compensation (and provide
proof of such insurance when requested by RTD) and unemployment
compensation insurance in the amounts required by law, and shall be solely
responsible for its own actions, its employees and agents.
Q. Paragraph Headings. The captions and headings set forth in this Agreement are
for convenience of reference only and shall not be construed so as to define or limit
its terms and provisions.
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FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD TROLLEY)
Page 8 of 14
R. Counterparts. This Agreement may be executed in counterparts. Signatures on
separate originals shall constitute and be of the same effect as signatures on the same
original. Electronic and faxed signatures shall constitute original signatures.
WHEREFORE, the Parties have entered into this Agreement as of the Effective Date.
REGIONAL TRANSPORTATION
DISTRICT
By:
Paul J. Ballard
Interim General Manager & CEO
CITY OF ENGLEWOOD
By:
[Name] [Title]
ATTEST:
Approved as to legal form for RTD:
Dana E. Steele
Senior Associate General Counsel
Page 112 of 163
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD TROLLEY)
Page 9 of 14
Exhibit A
Description of the Services
Span of Service:
Weekday- 6:30 AM- 6:30 PM
Saturday- No service provided
Sunday- No service provided
Holidays- No service provided
Service Frequency:
Weekday every 15 minutes
Saturday- Not Applicable
Sunday- Not Applicable
Holidays- Not Applicable
Annual Revenue Hours:
Weekday- 6,189
Saturday- Not Applicable
Sunday- Not Applicable
Holidays- Not Applicable
Total 6,189
Page 113 of 163
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD TROLLEY)
Page 10 of 14
Exhibit B
Description of the RTD Funding
I. Expenses- January 1, 2020 – December 31, 2020 Not to exceed amount
Operating hours expense-6189 hours @ $61.17 per hour $ 378,581
fuel expenses based upon actual costs $ 31,920
Total Expenses $ 410,501
II. Deductions - Estimated Farebox Revenue- January 2020 – December 2020
Estimated Farebox Revenue* $ 85,000
* Because the City offers the Trolley as a fare-free service, An average fare that would have been
collected had the City charged RTD’s local fare for the Trolley service, and using the Operating
Parameters set out in Exhibit A has been agreed upon by the parties.
RTD Funding*
$410,501 (Expenses)
- $ 85,000 (Estimated Farebox Revenue)
RTD Funding $325,501
*The RTD Funding is calculated as the Net Cost of operating the Trolley service up to the amount
set out above. Net Cost is calculated as Expenses (all operating costs for the Trolley including fuel
but not administrative costs) less Estimated Farebox Revenue.
Estimated Monthly Invoicing (if all hours/miles provided as in Exhibit A):
Hours: $ 31,548.41 (515 hours @ $61.17)
Fuel Expenses: $ 2,660.00 (estimated – to be calculated @ actual cost)
Estimated Farebox Revenue $ (7,083.33)
Estimated Monthly Total $ 27,125.08
Page 114 of 163
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD TROLLEY)
Page 11 of 14
Exhibit C
Communication and Notices – Contacts
For the City:
City of Englewood
Community Development Department
1000 Englewood Parkway
Englewood, Colorado 80110
Attn:
For the RTD:
Regional Transportation District
1660 Blake Street
Denver, Colorado 80202
Attn: Fred Worthen
303.299.2842
Fred.Worthen@rtd-denver.com
Page 115 of 163
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD TROLLEY)
Page 12 of 14
Exhibit D
Special Provisions
REPORTS. On a monthly basis the Local Entity and/or its representative will submit a
report to RTD providing a summary of Services. The Monthly Report must include the
following: (1) ridership by day, and hours and (2) the number passengers, wheelchairs and
bikes and (3) the number of days, hours and a monthly breakdown showing boarding’s per
hour and by day.
ADDITIONAL RECORD KEEPING AND REPORTING REQUIREMENTS. In
addition to the requirements set out in Section 6 of the Agreement, the Local Entity or its
designated agent will maintain and make available for RTD audit, records of passenger
boarding’s, passenger mileage, vehicle mileage, and any other information RTD requests.
Data required by NTD of Parties shall be kept in accordance with FTA requirements and
regulations.
MARKETING MATERIALS. The Local Entity will provide RTD with copies of any
proposed marketing materials for the. RTD will have 10 business days to review any
materials and provide comment to the Local Entity. The Local Entity will have final say
on any issues related to marketing materials or marketing plans.
DRUG AND ALCOHOL TESTING PROGRAM. The Local Entity shall require its
contractor providing the Services to establish and implement a drug and alcohol testing
program that complies with 49 C.F.R. Part 40 and Part 655, and permit any authorized
representative of the United States Department of Transportation or its operating
administrations, the State Oversight Agency of Colorado, or the Regional Transportation
District, to inspect the facilities and records associated with the implementation of the
drug and alcohol testing program as required under 49 CFR Part 40 and 655 and review
the testing process. The Local Entity further agrees to certify annually its compliance
with Part 40 and 655 before December 31st of every year and to submit the Management
Information System (MIS) reports no later than February 15th of every year to the
Substance Abuse Testing Department, Regional Transportation District,1660 Blake
Street, Denver, CO 80202. To certify compliance, the Local Entity will use the
“Substance Abuse Certifications” in the “Annual List of Certifications and Assurances
for Federal Transit Administration Grants and Cooperative Agreements,” which is
published annually in the Federal Register.
Page 116 of 163
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD TROLLEY)
Page 13 of 14
Exhibit E
Transit Equity
Transit Equity
RTD has established a Title VI Program in pursuit of transit equity and compliance with Title VI
of the Civil Rights Act of 1964, 49 CFR Part 21, Executive Order 12898 (Environmental
Justice), and applicable requirements. The objectives of RTD’s Title VI Program include:
1. Ensure that the level and quality of public transportation service is provided in a
nondiscriminatory manner;
2. Promote full and fair participation in public transportation decision-making without
regard to race, color, or national origin;
3. Ensure meaningful access to transit-related programs and activities by persons with
limited English proficiency.
For the purposes of achieving these objectives, the local entity will be treated as an extension of
RTD for compliance with the objectives of Title VI.
The local entity agrees to operate its RTD funded services without discrimination based on race,
color, or national origin in accordance with RTD’s Title VI Program. Pursuant to compliance
with RTD’s Title VI Program, the local entity shall:
1. Post a notice regarding the RTD funded service containing the following language: This
service is funded in partnership with RTD. RTD operates its programs and services
without regard to race, color, and national origin in accordance with Title VI of the Civil
Rights Act of 1964. Any person who believes they have been subjected to unlawful
discrimination under Title VI may file a complaint with RTD.
To file a complaint or obtain more information regarding RTD’s complaint procedures,
visit https://www.rtd-denver.com/reports-and-policies/title-vi-policy, call 303-299-6000;
email titlevicomplaints@rtd-denver.com; or visit RTD’s administrative office at 1660
Blake Street, Denver, CO 80202.
a. The local entity must post a copy of this notice on their website and any vehicles
of services that are RTD funded.
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FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD TROLLEY)
Page 14 of 14
2. Notify RTD of any written complaints asserting discrimination based on race, color or
national origin involving RTD funded services within 15 calendar days of receipt.
The local entity shall comply with any investigations and requests for information regarding
complaints of discrimination.
Should RTD find that any practice, policy, or procedure of the local entity result in a
discriminatory outcome, RTD will provide specific instructions to the local entity on how
corrective action shall be taken.
The local entity is exempt from the RTD Title VI Program requirements if the local entity is a
direct recipient of federal financial assistance from the FTA. The local entity must annually
submit a letter indicating its direct recipient status to be held exempt from the Title VI Program
requirements.
Page 118 of 163
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Dan Poremba, John Voboril
DEPARTMENT: Community Development
DATE: June 15, 2020
SUBJECT:
CB #25 - Concerning the Creation and Organization of the
Englewood Downtown Development Authority (DDA)
DESCRIPTION:
CB #25 - Concerning the Creation and Organization of the Englewood Downtown Development
Authority (DDA)
RECOMMENDATION:
Staff recommends City Council’s adoption of Council Bill #25 (attached) concerning the creation
and organization of an Englewood Downtown Development Authority. This recommendation
follows a related City Council informational update during the April 27, 2020 Study Session and
a further Special Meeting update on June 10, 2020. Tom George from the law firm of Spencer
Fane will again be available to assist in answering Council’s related legal questions. Spencer
Fane is a member of the Next Step Study Grant consulting team working on the Downtown
Matters/DDA initiative. Mark Tompkins from Strae Advisory Services will also be available to
help answer financial questions pertaining to the proposed Ordinance. Strae has been advising
the Downtown Matters team on DDA financing matters.
SUMMARY:
Englewood currently lacks any type of entity or platform, such as a DDA, to brand and market
Downtown Englewood, improve and program downtown public spaces or finance needed
repairs and capital projects. As a result, Downtown Englewood business and property owners
are currently at a competitive disadvantage relative to their peers in many other Colorado cities
which utilize DDAs and similar entities to successfully boost the attractiveness, vitality and
financial sustainability of their downtown areas.
Recent City-sponsored and independent studies recommended the formation of an Englewood
DDA. Among other things, they pointed to the need to better connect and integrate the three
sub-areas which make up Downtown Englewood, which are the traditional downtown portion of
South Broadway, the CityCenter sub-area and the Medical District sub-area. Additional
Downtown Englewood improvement opportunities have been identified by the public during the
Downtown Matters/DDA initiative process. The economic impacts of the COVID-19 pandemic
make it even more critical for Englewood to now consider implementing a DDA to assist
Downtown business and property owners in recovering from the related closures and financial
losses.
The Downtown Matters initiative incorporated extensive public outreach to help determine how
Downtown Englewood can be improved. A Downtown Matters webpage was established
(www.englewoodco/DowntownMatters), progress updates were emailed to interested parties
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and newsletters have been mailed, and will be mailed again, to more than 1,200 Downtown
property and business owners. The Downtown Matters Steering Committee includes
approximately 25 commercial property owners and business owners representing the three
Downtown sub-areas. The online public survey produced 318 detailed responses and the May
21, 2020 online public forum involved 50 participants providing for real time discussion and
input.
ANALYSIS:
In order to establish an Englewood DDA, the Colorado Downtown Development Authority Act
(DDA Act) requires that City Council adopt an Ordinance to submit the formation question to the
qualified electors within the boundary of the proposed DDA. In accordance with the Act, the
proposed Organizational Ordinance is attached. If the Ordinance is approved by Council, the
DDA formation election will take place on November 3, 2020, with only the qualified electors
within the proposed DDA boundaries eligible to vote. The Downtown Matters team legal counsel
for DDA matters, Tom George, summarized the legal aspects of the DDA organization and
activation process in a memo dated May 8, 2020 (submitted to Council on May 14, 2020). For
Council’s reference, this memo is attached.
The attached map depicts the proposed DDA boundary area and included properties (current
commercial properties in red and residential properties in yellow). The qualified electors are
primarily the commercial property owners and business owners within the DDA boundary area
who are also registered Colorado voters (corporate entities must designate individuals to vote
on their behalf). Due to their future development potential, existing smaller apartment buildings
on commercially zoned land are included in the DDA but larger existing apartment buildings are
not included. Except for 38 single-family rental properties specifically located on commercially-
zoned parcels, single-family residential will not be included in the DDA.
In addition to the basic DDA formation ballot question provided in Section 5 (capitalized), the
qualified Englewood DDA electors would also vote on three TABOR-required financial
questions, also reflected in capitalized wording, which generally provide the following:
• The authority of the DDA to collect, retain and expend its legally available revenues
(Section 6),
• The authority of the City to issue, on the DDA's behalf and not as a debt of the City, debt
obligations up to the stated maximum amount with stated limitations as to the maximum
interest rate and maximum repayment amount (Section 7),
• The authority of the City, on behalf of the DDA, to impose a mill levy within the
boundaries of the DDA to support the operations of the DDA (up to 2 mills with a
maximum collection of $250,000 in 2021 and up to 5 mills any year thereafter).
Pursuant to the State DDA Act, Section 13 addresses the DDA's ability, if authorized in a plan of
development by the City Council, to collect and utilize revenues, including the utilization of tax
increment financing (TIF). The TIF would be based on future increases in property and/or sales
taxes collected above the amount collected in the base year, which would be the 12-month
period preceding the approval of the DDA Downtown Plan by the City Council (which may be
approved at any time following a successful formation election). Council would need to approve
the future implementation of the specific TIF measures recommended by the DDA Board. It is
possible that TIF sharing agreements would be explored by the DDA in connection with the
implementation of future TIF financing (with the School District as it pertains to property tax TIF
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and with the City as it pertains to sales tax TIF). Tax increment financing does not change rates
of taxation.
The proposed Englewood DDA Ordinance also includes boilerplate language pertaining to the
number of DDA Board Directors (7 are recommended), election date and details regarding the
administration of the election.
If the qualified electors vote to form the DDA, Council would then certify the mill levy in
December of 2020 for collection in 2021 and establish the Board by appointing the Board of
Directors. A seven-member Board is contemplated, likely selected from among the Steering
Committee members, plus one City Council member. The Downtown Plan (formally known as
the “Downtown Plan of Development”) would be finalized and approved by the DDA Board and
submitted to the Planning and Zoning Commission for review and recommendations, and then
submitted to City Council for a public hearing and final approval.
A draft Downtown Plan was recently completed by the Downtown Matters consulting team to
help inform City Council and the qualified electors of the anticipated costs and benefits of
forming an Englewood DDA. The draft Plan will be submitted to Council prior to the June 15,
2020 First Reading of the Ordinance and is scheduled to be reviewed with Council during the
June 22, 2020 Study Session. The draft Plan will also be reviewed with the Downtown Matters
Steering Committee and posted on the City website for public review and comment. Hard copies
will be made available by request to any Englewood residents who do not have internet access.
Additional TABOR Information
Specifically related to Section 7 of the Ordinance, TABOR provisions require voters to authorize
increases in governmental debt, including debt alone and total repayment obligations with
interest included. In accordance with the State DDA Statute, the City would be the issuer of any
DDA-related debt on behalf of the DDA, with such debt to be funded by the future growth of
property and sales taxes resulting from new investment in the DDA area. However, the debt
obligations would be those of the DDA and would not constitute debt of the City, nor impact the
City’s debt capacity.
The DDA debt anticipated to be available using TIF would generally be used to fund a range of
public improvements within the DDA boundaries. These could include street and utility
improvements and enhancements to support new development, parking facilities, pedestrian
and open space improvements, and other activities that would support new investment. Subject
to the future DDA Board and City Council consideration and approval, specific improvement
projects could include the construction of a new public and shared parking garage in the
CityCenter area, and pedestrian streetscape improvements in the Medical District. In the South
Broadway sub-area, improvements to the paseos and median landscaping could be early
candidates for funding. Larger scale improvements could include the renovation of the Little Dry
Creek green space area and the plazas at the northwest quadrant of the Broadway/Hampden
interchange.
In addition to paying for public improvements, bond funding from the DDA's leveraging of TIF
through public/private partnerships may also be utilized to fund elements of private sector
development projects that would contribute to the overall vitality of Downtown Englewood. City
Council would determine the applicability of these types of partnerships as it evaluates the DDA
Plan of Development and future TIF and debt authorizations. In any case associated with debt
financing, the authorization required by TABOR must be placed for a vote by the qualified DDA
Page 121 of 163
electors. Although that question could be submitted to the electors at a date in the future,
Englewood has the advantage through the Next Step Study Grant to fund a significant portion of
the expenses associated with an election in 2020.
Ordinance Debt Alternatives for Council Consideration
Two debt authorizations are offered to Council for inclusion in the final DDA Ordinance, one with
an initial maximum debt increase of $40 million or one with a longer-term maximum debt
increase of $150 million. In both cases, it is important to emphasize that this is a TABOR-driven
threshold financial question for the DDA Ordinance and the ballot measure that would be
offered to DDA area electors. It would not be a specific and definitive obligation to issue any
debt. Subsequent analysis and the identification of specific projects that are eligible for this type
of financing would be required prior to any DDA debt increase. City Council approval would be
required prior to the collection of any tax increments and the issuance of any related debt at any
time during the DDA's existence, in accordance with a DDA Downtown Plan of Development,
which would also be subject to Council approval.
Based on a 30-year DDA term and an assumed 9% maximum interest rate, the $40 million
alternative would result in a maximum repayment amount of $107 million, and the $150 million
alternative would result in a maximum repayment amount of $409 million.
Mark Tompkins of Strae Advisory Services will be available at the City Council meeting on June
15 to assist the Council's review and discussion of the two financial approaches recommended
for Council's consideration. Mr. Tompkins has extensive public sector financing experience
(including Denver Union Station) and he has structured similar financial instruments in the past.
He has offered the following observations:
• Unlike most debt authorization election questions, debt associated with a DDA is TIF
revenue specific. Although the debt is City issued, it solely relies on tax increment that is
generated within the boundaries of the DDA. Historically, debt associated with DDAs
has not impacted the credit ratings of cities.
• The debt authorization to utilize TIF within the DDA area does not imply a potential
increase in property or sales taxes.
• The total amount of authorized debt is not an indicator of the potential total amount of
debt outstanding at any one time.
• Without sufficient debt authorization in 2020, or at some time in the future, it is likely that
any future DDA financing would consist of the DDA pledging annual TIF revenues to
another entity (such as a metropolitan district) to serve as the debt issuer. While this
may be a reasonable and in some instances a preferable option, it would limit the DDA's
direct ability to invest in improvements in the district.
• Debt limits include both initial and future re-financings. An inability to secure sufficiently
sized debt limits may impair the DDA's ability to restructure its debt as market conditions
allow without the lead time necessary for a specific authorizing election.
FINANCIAL IMPLICATIONS:
The ongoing Downtown Matters/DDA initiative tasks, including communications with the public
and the qualified electors about the Englewood DDA and DDA formation election, will be funded
by the $200,000 DRCOG Next Step Study Grant and $41,575 Englewood local match funding
from the approved 2020 Community Development budget.Spencer Fane will administer the
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November DDA special election on behalf of the City and will be compensated from the Next
Step Grant funding and/or the approved 2020 Community Development professional services
budget ($25,000 estimate).
CONCLUSION:
Based on the benefits and overall value that could be provided by a Downtown Development
Authority to Downtown Englewood and the entire community, staff recommends Council
approval of the proposed Englewood DDA Ordinance.
ATTACHMENTS:
CB#25 - Concerning the Creation and Organization of the Englewood Downtown Development
Authority
Map depicting the proposed DDA boundaries and included properties
May 8, 2020 Memo from Spencer Fane regarding the organization and activation of the
proposed Englewood DDA
Page 123 of 163
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 25
SERIES 2020 INTRODUCED BY COUNCIL
MEMBER _______
A BILL FOR
AN ORDINANCE CONCERNING THE CREATION AND
ORGANIZATION OF THE ENGLEWOOD DOWNTOWN
DEVELOPMENT AUTHORITY IN THE CITY OF ENGLEWOOD,
COLORADO, DECLARING THE NECESSITY FOR AN ELECTION
CONCERING THE FORMATION OF SUCH AUTHORITY, PURSUANT
TO COLO. CONST. ART. X, SEC. 20 AND STATUTORY REVENUE
LIMITATIONS FOR SUCH AUTHORITY, AUTHORIZING THE
INCURRENCE OF OBLIGATIONS FOR THE ENGLEWOOD
DOWNTOWN DEVELOPMENT AUTHORITY BY THE CITY OF
ENGLEWOOD, AND THE LEVYING OF AD VALOREM PROPERTY
TAXES WITHIN THE BOUNDARIES OF THE PROPOSED
ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY,
DETERMINING ORGANIZATIONAL ASPECTS OF THE ENGLEWOOD
DOWNTOWN DEVELOPMENT AUTHORITY BOARD, AND
PROVIDING OTHER DETAILS RELATED THERETO.
WHEREAS, the City of Englewood, Arapahoe County, Colorado (the “City”) is a home
rule municipality and political subdivision of the State of Colorado (the “State”), duly organized
and operating under the Charter of the City (the “City Charter”) and the Constitution and laws of
the State;
WHEREAS, the City, by ordinance, may create and establish a downtown development
authority pursuant to the provisions of Part 8 of Article 25 of Title 31, C.R.S., and the City Council
of the City of Englewood (the “City Council”) has considered the advisability of establishing the
Englewood Downtown Development Authority (the “Authority”) for the public health, safety,
prosperity, security and welfare and to carry out the purposes of an authority as stated in Section
31-25-801, C.R.S.;
WHEREAS, it is first necessary to submit the question of the establishment of the
Authority to a vote of the qualified electors, as defined in Section 31-25-802, C.R.S., of the area
within which the Authority is to exercise its powers; and
WHEREAS, pursuant to Article X, Section 20 of the Colorado Constitution (“TABOR”)
and Section 31-25-804, C.R.S., any tax or other mattes arising under Article X, Section 20 of the
Colorado Constitution are required to be approved by the qualified electors within the boundaries
of the proposed Authority.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Recitals. The above recitals are incorporated by reference in this Ordinance
and such recitals constitute findings in support of the following ordaining sections.
Section 2. Findings. As the governing body of the City, the City Council hereby
determines that it is necessary to establish the Englewood Downtown Development Authority for
the public health, safety, prosperity, security, and welfare, and to carry out the purposes of an
authority as stated in Section 31-25-801, C.R.S., which Authority will promote the public health,
safety, prosperity, security, and general welfare in order to halt or prevent deterioration of property
values or structures within the downtown; will halt or prevent the growth of blighted areas within
the downtown; will assist in the development, and redevelopment of this district and in the overall
planning to restore and provide for the continuance of the health of the downtown; and will be of
special benefit to the properties within the boundaries of the Authority.
Section 3. Declaration. The Authority is hereby declared organized, subject to
approval of the electors of the Authority voting for or against the ballot issue set forth in Section
5 of this Ordinance by a majority of the votes cast for the ballot issue at an election to be held on
November 3, 2020, as provided in Part 8 of Article 25 of Title 31, C.R.S.
Section 4. Status. Upon approval as provided in Section 5, the Authority shall be a
body corporate and a political subdivision with all the purposes and powers now or hereafter
authorized by Part 8 of Article 25 of Title 31, C.R.S., except or as specifically limited in any plan
of development approved by the City Council, and all additional and supplemental powers
necessary or convenient to carry out and effectuate the purposes and provisions of said Part 8 and
such other powers and authority as provided by law.
Section 5. Organization. Pursuant to Part 8 of Article 25 of Title 31, C.R.S. (the
“Downtown Development Authority Act” or “Act”) and the City Charter, as applicable, there shall
be submitted to the qualified electors (defined in the Act as a resident, a landowner or a lessee, but
any landowner or lessee which is not a natural person may vote only if it designates by some
official action a representative thereof to cast its ballot) of the area hereinafter described at the
election on November 3, 2020, in the City, the following ballot question in substantially the
following form:
“SHALL THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY
(THE “AUTHORITY”) BE ORGANIZED PURSUANT TO PART 8 OF
ARTICLE 25 OF TITLE 31 COLORADO REVISED STATUTES TO EXERCISE
ALL POWERS AUTHORIZED THEREIN AND ANY APPROVED PLAN OF
DEVELOPMENT WITHIN THE BOUNDARIES OF THE AREA DESCRIBED
AS FOLLOWS:
THE PROPOSED ENGLEWOOD DOWNTOWN DEVELOPMENT
AUTHORITY IS LOCATED WITHIN THE CITY OF ENGLEWOOD,
COLORADO, IN THE AREA INCLUDING THE FOLLOWING REAL
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PROPERTIES IDENTIFIED BY THE FOLLOWING ARAPAHOE COUNTY
ASSESSOR AIN NUMBERS AND PROPERTY ADDRESSES:
[See Exhibit A attached hereto and incorporated by reference herein]”
Section 6. TABOR. Pursuant to the Act and the City Charter, as applicable, there shall
be submitted to the qualified electors (as that term is defined herein) of the area heretofore
described at the election on November 3, 2020, in the City, the following ballot question in
substantially the following form:
“SHALL THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY
(THE “AUTHORITY”), OR THE CITY OF ENGLEWOOD (THE “CITY”) ON
BEHALF OF AND FOR USE BY THE AUTHORITY, AND AS A VOTER-
APPROVED REVENUE CHANGE, BE AUTHORIZED TO COLLECT,
RETAIN, AND EXPEND THE FULL AMOUNT OF REVENUES RECEIVED
BY THE AUTHORITY OR BY THE CITY ON BEHALF OF AND FOR USE BY
THE AUTHORITY IN 2020 AND EACH YEAR THEREAFTER, INCLUDING,
WITHOUT LIMITATION, TAX REVENUES, FEES, RATES, TOLLS,
CHARGES, GRANTS, RENTS, LOANS, CONTRIBUTIONS, AND ANY
OTHER REVENUES, WITHOUT REGARD TO ANY EXPENDITURE,
REVENUE-RAISING, OR OTHER LIMITATION INCLUDING THOSE
CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT
OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND
EXPENDED BY THE AUTHORITY AND THE CITY ON BEHALF OF THE
AUTHORITY?”
Section 7. Debt. Acknowledging that consistent with the Act bonds issued by the
Authority shall not constitute indebtedness of the City within the meaning of any constitutional or
statutory limitations, pursuant to the Act and the City Charter, as applicable, there shall be
submitted to the qualified electors (as that term is defined herein) of the area heretofore described
at the election on November 3, 2020, in the City, the following ballot issue with a ballot title and
ballot text in substantially the following form:
“SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $_________
(MAXIMUM PRINCIPAL AMOUNT) WITH A REPAYMENT COST OF
$__________ (MAXIMUM TOTAL PRINCIPAL AND INTEREST COSTS),
ALL FOR THE PURPOSE OF FINANCING THE OBJECTIVES AND
PURPOSES CONTAINED IN ANY ENGLEWOOD DOWNTOWN
DEVELOPMENT AUTHORITY PLAN OF DEVELOPMENT, AS SUCH PLAN
OR PLANS MAY BE ADOPTED AND AMENDED FROM TIME TO TIME,
AND CONSTITUTING A VOTER-APPROVED REVENUE CHANGE?”
“Shall the City of Englewood (the “City”) debt be increased $________ (maximum
principal amount) with a repayment cost of $_________ (maximum total principal
and interest costs), all for the purpose of financing the objectives and purposes
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contained in any Englewood Downtown Development Plan, as such plan or plans
may be adopted and amended from time to time, with such obligations being
incurred by the City on behalf of the Englewood Downtown Development
Authority (the “Authority) and not constituting indebtedness of the City within the
meaning of any constitutional or statutory limitations for the purpose of paying the
costs of creating and implementing any plan of development, including operating,
maintaining or otherwise providing systems, operations and administration for the
purpose of carrying out the objectives and purposes for which the Authority was
organized, together with acquisition or provision of all necessary, incidental and
appurtenant properties, capital improvements, facilities, equipment, personnel,
contractors, consultants, and costs and acquisition of all land, easements and
appurtenances necessary or appropriate in connection therewith, such obligations
to bear interest at a net effective interest rate not in excess of nine percent (9%) per
annum, such interest to be payable at such time or times and which may compound
periodically as may be determined by the City Council, such obligations to be
incurred or delivered in one series or more at a price above, below or equal to the
principal amount of such obligations and on such terms and conditions as the City
Council may determine, including provisions for redemption of the obligations
prior to maturity with or without payment of premium, and which obligations may
be refinanced without additional voter approval, provided that after the issuance of
such refinancing obligations the total outstanding principal amount of all
obligations issued pursuant to this question does not exceed the maximum amount
set forth above, and provided further that all obligations issued pursuant to this
question are issued on terms that do not exceed the repayment costs authorized in
this question; such obligations shall be paid only from any legally available moneys
of the Authority or from revenues of the City legally available only for the
Authority, including the revenues pledged or from taxes pledged pursuant to
Section 31-25-807(3)(b), Colorado Revised Statutes, or both such revenues and
taxes with such limitations as may be determined by the Board of the Authority and
the City Council, and shall the proceeds of any such obligations and the proceeds
of such taxes or any other revenue be used to pay such obligations, and investment
income thereon be collected and expended as a voter-approved revenue change?”
Section 8. Taxes. Pursuant to the Act and the City Charter, as applicable, there shall
be submitted to the qualified electors (as that term is defined herein) of the area heretofore
described at the election on November 3, 2020, in the City, the following ballot question in
substantially the following form:
“SHALL THE CITY OF ENGLEWOOD (THE “CITY”) TAXES BE
INCREASED $250,000 IN THE FIRST FISCAL YEAR (2020) AND
ANNUALLY THEREAFTER IN SUCH AMOUNTS AS ARE RECEIVED
EACH YEAR BY THE IMPOSITION OF AN AD VALOREM PROPERTY TAX
RATE OF NOT MORE THAN 2.000 MILLS IN THE YEAR 2020 AND NOT
MORE THAN 5.000 MILLS ANY YEAR THEREAFTER UPON TAXABLE
REAL AND PERSONAL PROPERTY WITHIN THE BOUNDARIES OF THE
PROPOSED ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY
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(THE “AUTHORITY”), FOR THE PURPOSES SET FORTH IN PART 8 OF
ARTICLE 25 OF TITLE 31 COLORADO REVISED STATUTES; AND SHALL
THE CITY AND THE AUTHORITY BE AUTHORIZED TO COLLECT,
RETAIN AND EXPEND THE REVENUES COLLECTED FROM SUCH
TOTAL PROPERTY TAX RATE, AND INVESTMENT INCOME THEREON,
AS A VOTER-APPROVED REVENUE CHANGE?”
Section 9. Mail Ballot Election. The election shall be conducted as a mail ballot
election in accordance with Articles 1 to 13 of Title 1, C.R.S. (the “Uniform Election Code”) and
the laws of Colorado, except as otherwise provided in the City Charter or ordinances of the City,
all as impliedly modified by relevant judicial decision, including without limitation all acts
required or permitted thereby with respect to voting by early voters’ ballots, absentee ballots, and
emergency absentee ballots.
Section 10. Designated Election Official. Erica Montague of Spencer Fane LLP is
appointed as the designated election official (the “Designated Election Official”) for all matters
except as otherwise provided for by ordinances of the City or by agreement.
Section 11. The City Clerk, the Designated Election Official, and other City officials
and employees are hereby authorized and directed to take all action necessary or appropriate to
effectuate the provisions of this Ordinance.
Section 12. The submission of the foregoing questions and issues to the qualified
electors is authorized by Part 8 of Article 25, Title 31, C.R.S., Article X, Section 20 of the Colorado
Constitution, Sections 29-1-301 and 29-1-302, C.R.S., the City Charter and the Englewood
Municipal Code. In accordance with Section 31-25-804(1), C.R.S., if a majority of votes cast at
the election are in favor of the ballot issue as provided in Section 5, then the Authority shall be
organized and the City Clerk shall cause this Ordinance, declaring the Authority organized, to be
recorded at the expense of the City in the real property records of the Clerk and Recorder of
Arapahoe County, Colorado.
Section 13. Plan of Development. If authorized in a plan of development approved by
the City Council, the Authority or the City on behalf of and for use by the Authority, and as a
voter-approved revenue change, is authorized to collect and retain, in the year established in the
plan of development, and in all subsequent years thereafter, whatever amount is collected annually
from any revenue sources including, but not limited to, taxes received as described in Sections 31-
25-807(3), 31-25-816, and 31-25-817, C.R.S., and fees, rates, tolls, rents, charges, grants,
contributions, loans, income, or other revenues imposed, collected, or authorized as described in
Section 31-25-808, C.R.S., or otherwise, by law to be imposed or collected by the Authority or by
the City on behalf of and for use by the Authority consistent with the applicable plan of
development, and such revenues shall be collected and spent without regard to any spending,
revenue-raising, or other limitation contained within Article X, Section 20 of the Colorado
Constitution, or any other law and without limiting in any year the amount of other revenues that
may be collected and spent by the Authority and the City on behalf of the Authority. The Board of
the Authority may from time to time adopt and amend one or more plans of development which,
upon approval of the City Council, provide for tax increment financing from property tax and sales
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tax, or both, as authorized by Section 31-25-807(3), C.R.S. This Ordinance shall not be construed
to prevent the creation of new urban renewal areas subject to tax increment financing under the
Colorado Urban Renewal Law after the effective date of this Ordinance within or overlapping the
boundaries of the Authority.
Section 14. Ad Valorem Mill Levy. If a majority of the qualified electors voting on the
question set forth in Section 8 of this Ordinance cast ballots in favor of the question submitted,
commencing in 2020 for collection in 2021, the City may impose an ad valorem mill levy not
exceeding five (5) mills on all real and personal property within the boundaries of the Authority
and for the Authority, to be used for the purpose of paying the Authority’s operations, maintenance,
and other expenses, as allowed by Sections 31-25-807(3), 31-25-808, 31-25-816, and 31-25-817,
C.R.S., and as otherwise allowed by law.
Section 15. Laws. The Authority shall be subject to the following laws, as may be
amended from time to time:
a. The Colorado Open Records Act, Part 2 of Article 72 of Title 31, C.R.S.
b. The Colorado Open Meetings Law, Part 4 of Article 6 of Title 24, C.R.S.
c. The Local Government Budget Law of Colorado, Part 1 of Article 1 of Title
29, C.R.S.
d. The Local Government Uniform Accounting Law, Part 5 of Article 1 of
Title 29, C.R.S.
e. The Local Government Audit Law, Part 6 of Article 1 of Title 29, C.R.S.
f. The Authority shall be a “Public Entity” as defined by the Colorado
Governmental Immunity Act, Article 10 of Title 24, C.R.S.
g. The Englewood Municipal Code and the City Charter as amended.
h. Other applicable law.
Section 16. Operations. The operations of the Authority may be funded from any of the
following:
a. Donations to the Authority for the performance of its functions;
b. Moneys borrowed and to be repaid from other funds received under the
authority of the Downtown Development Authority Act;
c. Tax increment funds as defined in Section 31-25-807(3), C.R.S., if a plan
of development is adopted which provides for such tax increment funding;
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d. Fees, rates, tolls, rents, charges, grants, contributions, loans, income or other
revenues imposed, collected or authorized by law to be imposed or collected
by the Authority or by the City on behalf of and for use by the Authority
pursuant to an approved plan of development;
e. Proceeds of an ad valorem tax of up to five (5) mills on the valuation for
assessment of property within the boundaries of the Authority; and
f. Such other sources as may be approved by the City Council of the City.
Section 17. Board Composition. The Authority shall have a board (“Board”) comprised
of seven (7) members, all of whom, except for any member of the City Council appointed to the
Board, must be “qualified electors” of the Authority, as defined in Section 31-25-802(9), C.R.S.,
appointed by the Mayor and confirmed by a majority of the City Council. Consistent with Sections
31-25-805 and 31-25-806, C.R.S., the Board of the Authority shall be constituted as follows:
a. One (1) member shall be a member of the City Council; and
b. Six (6) members who are residents, landowners, or business lessees within
the boundaries of the Authority.
The initial terms of the Board members shall be as follows:
a. The member from the City Council shall serve at the pleasure of the City
Council;
b. The terms of two members shall expire on June 30, 2021;
c. The terms of two members shall expire on June 30, 2022; and
d. The terms of two members shall expire on June 30, 2023.
After the initial terms of the Board members have expired, the terms of all members appointed to
the Board, except the member from the City Council, shall expire four (4) years from the expiration
date of the terms of their predecessors. After notice and an opportunity to be heard, an appointed
member of the Board may be removed for cause by the City Council. Board members shall hold
office until their successor has been appointed and qualified by the Mayor and confirmed by a
majority of the City Council. Any appointment to fill a vacancy shall be for the unexpired term.
The term “business” shall include a for profit business or a nonprofit business. An officer or
director of a corporation having a place of business within the boundaries of the Authority shall
be eligible for appointment to the Board. A manager, agent, or employee, all as defined in Section
7-90-102, C.R.S., of an entity having its place of business within the boundaries of the Authority
shall be eligible for appointment to the Board. No officer or employee of the City, except the
member from the City Council, shall be eligible for appointment to the Board.
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Section 18. Board Rules. The Board shall adopt and promulgate rules governing its
procedures, including election of officers, and these rules shall be filed in the office of the City
Clerk. The Board shall hold regular meetings in the manner provided in the rules of the Board.
Special meetings may be held when called in the manner provided in the rules of the Board. Notice
of meetings of the Board shall be in accordance with the Colorado Open Meetings Law. All
meetings of the Board shall be open to the public except as allowed under the Colorado Open
Meetings Law.
Section 19. Inclusion of Property. Additional property may be included within the
boundaries of the Authority subject to City Council approval, as provided in Section 31-25-822,
C.R.S., as it may be amended.
Section 20. Severability. If any one or more sections or parts of this Ordinance shall be
judged unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions hereof, it being the intention of the City Council that the various provisions hereof are
severable. If any individual tract of land included within the area described in Section 3 of this
Ordinance is determined by a court of competent jurisdiction to be excluded from the Authority,
should the formation of the same be authorized by the qualified electors, such determination shall
not affect, impair, or invalidate the inclusion of the remaining area described in Section 3 of this
Ordinance in the Authority, it being the intention of the City Council that the inclusion of the
separate tracts of land described herein by severable.
Section 21. Ratification. All actions not inconsistent with the provisions of this
Ordinance heretofore taken by the officers of the City of Englewood, Colorado, whether elected
or appointed, directed towards the creation and establishment of the Englewood Downtown
Development Authority are hereby ratified, approved, and confirmed.
Section 22. Declaration. The City Council finds and declares that this Ordinance is
promulgated and adopted for the public health, safety, and welfare and this Ordinance bears a
rational relationship to the legislative object sought to be obtained.
Section 23. This Ordinance shall be in full force and effect from and after its passage
and publication as provided by the City Charter.
Introduced, read in full, and passed on first reading on the 15th day of June, 2020.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 18th
day of June, 2020.
Published as a Bill for an Ordinance on the City’s official website beginning on the 17th
day of June, 2020 for thirty (30) days.
Linda Olson, Mayor
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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 Bill for Ordinance introduced, read in full, and passed on
first reading on the 15th day of June, 2020.
Stephanie Carlile
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Exhibit A
COUNTY AIN PROPERTY ADDRESS
1971-33-4-04-008 1000 ENGLEWOOD PKWY ENGLEWOOD CO 80110
1971-35-3-25-012 1001 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-33-4-00-076 1001 W HAMPDEN AVE ENGLEWOOD CO 80110
2077-02-2-05-002 1002 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-02-2-05-001 1008 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-3-16-003 101 ENGLEWOOD PKWY ENGLEWOOD CO 80110
1971-34-3-00-025 101 W FLOYD AVE ENGLEWOOD CO 80110
1971-34-4-10-027 105 E FLOYD AVE ENGLEWOOD CO 80113
2077-04-1-40-002 1050 W HAMPDEN AVE ENGLEWOOD CO 80110
2077-04-1-40-003 1070 W HAMPDEN AVE ENGLEWOOD CO 80110
2077-04-1-40-001 1090 W HAMPDEN AVE ENGLEWOOD CO 80110
1971-34-3-17-008 11 W HAMPDEN AVE ENGLEWOOD CO 80110
2077-02-2-04-019 1190 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-02-2-04-019 1190 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-02-2-03-018 1200 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-35-3-27-010 1215 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-02-2-03-017 1220 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-4-24-007 125 E GIRARD AVE ENGLEWOOD CO 80110
1971-34-4-00-016 125 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-4-29-007 126 E GIRARD AVE ENGLEWOOD CO 80113
1971-35-3-27-022 1277 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-4-24-008 129 E GIRARD AVE ENGLEWOOD CO 80113
1971-35-3-28-008 1375 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-3-26-001 139 W HAMPDEN AVE ENGLEWOOD CO 80110
2077-03-1-06-012 180 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-03-1-05-029 201 E JEFFERSON AVE ENGLEWOOD CO 80113
1971-34-4-28-010 221 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-4-00-029 23 E HAMPDEN AVE ENGLEWOOD CO 80110
2077-03-1-05-012 300 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-4-27-029 303 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-4-00-030 31 E HAMPDEN AVE ENGLEWOOD CO 80110
1971-34-3-15-007 3200 S ACOMA ST ENGLEWOOD CO 80110
1971-34-4-09-001 3200 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-09-011 3201 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-4-09-011 3201 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-3-15-006 3211 S BROADWAY ENGLEWOOD CO 80113
1971-34-3-15-005 3215 S BROADWAY ENGLEWOOD CO 80113
1971-34-3-15-011 3215 S BROADWAY ENGLEWOOD CO 80113
1971-34-3-15-012 3220 S ACOMA ST ENGLEWOOD CO 80110
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1971-34-3-14-010 3221 S ACOMA ST ENGLEWOOD CO 80110
1971-34-3-14-010 3221 S ACOMA ST ENGLEWOOD CO 80110
1971-34-4-09-010 3225 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-4-09-010 3225 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-4-09-009 3229 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-4-09-009 3229 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-3-14-009 3231 S ACOMA ST ENGLEWOOD CO 80110
1971-34-3-14-009 3231 S ACOMA ST ENGLEWOOD CO 80110
1971-34-4-09-002 3232 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-09-008 3235 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-4-09-008 3235 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-3-14-008 3241 S ACOMA ST ENGLEWOOD CO 80110
1971-34-3-14-008 3241 S ACOMA ST ENGLEWOOD CO 80110
1971-34-3-15-009 3242 S ACOMA ST ENGLEWOOD CO 80110
1971-34-4-09-003 3242 S BROADWAY ENGLEWOOD CO 80113
1971-34-3-15-010 3247 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-09-013 3247 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-4-09-004 3250 S BROADWAY ENGLEWOOD CO 80113
1971-34-3-14-007 3255 S ACOMA ST ENGLEWOOD CO 80110
1971-34-3-00-037 3263 S BROADWAY ENGLEWOOD CO 80113
1971-34-3-00-059 3269 S ACOMA ST ENGLEWOOD CO 80110
1971-34-3-00-059 3269 S ACOMA ST ENGLEWOOD CO 80110
1971-34-3-00-031 3270 S BANNOCK ST ENGLEWOOD CO 80110
1971-34-3-00-086 3273 S ACOMA ST ENGLEWOOD CO 80110
1971-34-3-00-086 3273 S ACOMA ST ENGLEWOOD CO 80110
1971-34-3-00-060 3275 S BROADWAY ENGLEWOOD CO 80113
1971-34-3-00-087 3277 S ACOMA ST ENGLEWOOD CO 80110
1971-34-3-00-087 3277 S ACOMA ST ENGLEWOOD CO 80110
1971-34-4-09-014 3277 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-3-00-030 3281 S ACOMA ST ENGLEWOOD CO 80110
1971-34-3-00-030 3281 S ACOMA ST ENGLEWOOD CO 80110
1971-34-3-00-029 3285 S BROADWAY ENGLEWOOD CO 80113
1971-34-3-00-026 3290 S BANNOCK ST ENGLEWOOD CO 80110
1971-34-3-00-089 3294 S ACOMA ST ENGLEWOOD CO 80110
1971-34-3-00-090 3295 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-09-012 3298 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-22-001 3300 S SHERMAN ST ENGLEWOOD CO 80113
1971-34-4-00-054 3301 S SHERMAN ST ENGLEWOOD CO 80113
1971-34-3-00-023 3305 S BROADWAY ENGLEWOOD CO 80113
1971-34-3-00-092 333 W HAMPDEN AVE ENGLEWOOD CO 80110
1971-34-4-00-006 3330 S BROADWAY ENGLEWOOD CO 80113
1971-34-3-00-085 3333 S BANNOCK ST ENGLEWOOD CO 80110
1971-34-4-22-004 3334 S SHERMAN ST ENGLEWOOD CO 80113
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1971-34-4-22-005 3336 S SHERMAN ST ENGLEWOOD CO 80113
1971-34-4-00-007 3342 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-23-001 3356 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-22-006 3356 S SHERMAN ST ENGLEWOOD CO 80113
1971-35-3-22-007 3358 S CLARKSON ST ENGLEWOOD CO 80113
1971-34-4-23-002 3360 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-23-003 3364 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-23-004 3372 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-22-008 3376 S SHERMAN ST ENGLEWOOD CO 80113
1971-34-4-23-005 3378 S BROADWAY ENGLEWOOD CO 80113
1971-35-3-22-024 3380 S CLARKSON ST ENGLEWOOD CO 80113
1971-34-4-24-010 3380 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-4-23-006 3384 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-18-014 3385 S WASHINGTON ST ENGLEWOOD CO 80113
1971-34-4-31-002 3390 S PEARL ST ENGLEWOOD CO 80113
1971-34-4-31-003 3390 S PEARL ST ENGLEWOOD CO 80113
1971-34-4-31-004 3390 S PEARL ST ENGLEWOOD CO 80113
1971-34-4-31-005 3390 S PEARL ST ENGLEWOOD CO 80113
1971-34-4-31-006 3390 S PEARL ST ENGLEWOOD CO 80113
1971-34-4-31-001 3390 S PEARL ST ENGLEWOOD CO 80113
1971-34-3-00-019 3395 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-22-009 3396 S SHERMAN ST ENGLEWOOD CO 80113
1971-34-4-23-007 3398 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-18-012 3398 S PEARL ST ENGLEWOOD CO 80113
1971-34-4-30-001 3400 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-29-002 3400 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-3-36-001 3401 S BROADWAY 1A ENGLEWOOD CO 80113
1971-34-3-36-002 3401 S BROADWAY 1B ENGLEWOOD CO 80113
1971-35-3-26-017 3401 S DOWNING ST ENGLEWOOD CO 80113
1971-34-4-30-006 3401 S LINCOLN ST ENGLEWOOD CO 80113
1971-35-3-27-025 3401 S MARION ST ENGLEWOOD CO 80113
1971-35-3-27-002 3410 S DOWNING ST ENGLEWOOD CO 80113
1971-34-4-30-005 3411 S LINCOLN ST ENGLEWOOD CO 80113
1971-35-3-26-002 3418 S CORONA ST ENGLEWOOD CO 80113
1971-34-4-00-033 3419 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-4-26-030 3419 S PENNSYLVANIA ST ENGLEWOOD CO 80113
1971-34-4-26-030 3419 S PENNSYLVANIA ST ENGLEWOOD CO 80113
1971-35-3-27-003 3420 S DOWNING ST ENGLEWOOD CO 80113
1971-35-3-26-019 3421 S DOWNING ST ENGLEWOOD CO 80113
1971-34-4-30-004 3421 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-4-30-002 3422 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-30-003 3424 S BROADWAY ENGLEWOOD CO 80113
1971-35-3-27-004 3424 S DOWNING ST ENGLEWOOD CO 80113
Page 135 of 163
13
DN 4090321.1
1971-34-3-17-018 3425 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-00-055 3425 S CLARKSON ST ENGLEWOOD CO 80113
1971-35-3-27-024 3425 S MARION ST ENGLEWOOD CO 80113
1971-35-3-23-040 3426 S CLARKSON ST ENGLEWOOD CO 80113
1971-35-3-26-003 3428 S CORONA ST ENGLEWOOD CO 80113
1971-34-4-25-002 3430 S PENNSYLVANIA ST ENGLEWOOD CO 80113
1971-34-4-25-002 3430 S PENNSYLVANIA ST ENGLEWOOD CO 80113
1971-34-3-17-017 3431 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-26-029 3431 S PENNSYLVANIA ST ENGLEWOOD CO 80113
1971-34-4-00-011 3434 S BROADWAY ENGLEWOOD CO 80113
1971-35-3-27-005 3434 S DOWNING ST ENGLEWOOD CO 80113
1971-34-4-26-021 3434 S LOGAN ST ENGLEWOOD CO 80113
1971-33-4-04-018 3435 S INCA ST ENGLEWOOD CO 80110
1971-34-4-26-028 3435 S PENNSYLVANIA ST ENGLEWOOD CO 80113
1971-34-3-17-016 3437 S BROADWAY ENGLEWOOD CO 80113
1971-35-3-26-018 3440 S CORONA ST ENGLEWOOD CO 80113
1971-34-4-00-015 3441 S SHERMAN ST ENGLEWOOD CO 80113
1971-34-4-00-015 3441 S SHERMAN ST ENGLEWOOD CO 80113
1971-34-4-26-022 3442 S LOGAN ST ENGLEWOOD CO 80113
1971-34-4-26-033 3443 S PENNSYLVANIA ST ENGLEWOOD CO 80113
1971-34-4-00-012 3444 S BROADWAY ENGLEWOOD CO 80113
1971-35-3-27-006 3444 S DOWNING ST ENGLEWOOD CO 80113
1971-35-3-24-015 3444 S EMERSON ST ENGLEWOOD CO 80113
1971-35-3-28-014 3444 S MARION ST ENGLEWOOD CO 80113
1971-34-3-17-015 3445 S BROADWAY ENGLEWOOD CO 80113
1971-35-3-26-014 3445 S DOWNING ST ENGLEWOOD CO 80113
1971-35-3-24-017 3446 S EMERSON ST ENGLEWOOD CO 80113
1971-34-4-00-037 3448 S BROADWAY ENGLEWOOD CO 80113
1971-34-3-17-014 3449 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-00-013 3451 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-4-00-038 3454 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-26-036 3454 S LOGAN ST ENGLEWOOD CO 80113
1971-35-3-27-023 3455 S MARION ST ENGLEWOOD CO 80113
1971-34-4-00-020 3456 S BROADWAY ENGLEWOOD CO 80113
1971-35-3-27-007 3456 S DOWNING ST ENGLEWOOD CO 80113
1971-34-3-17-013 3457 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-00-014 3458 S LINCOLN ST ENGLEWOOD CO 80113
1971-34-4-00-014 3458 S LINCOLN ST ENGLEWOOD CO 80113
1971-35-3-28-012 3459 S LAFAYETTE ST ENGLEWOOD CO 80113
1971-34-4-00-021 3460 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-28-021 3460 S SHERMAN ST ENGLEWOOD CO 80113
1971-34-3-17-012 3467 S BROADWAY ENGLEWOOD CO 80113
1971-35-3-28-011 3467 S LAFAYETTE ST ENGLEWOOD CO 80113
Page 136 of 163
14
DN 4090321.1
1971-34-4-00-022 3470 S BROADWAY ENGLEWOOD CO 80113
1971-35-3-26-008 3470 S CORONA ST ENGLEWOOD CO 80113
1971-34-4-26-009 3470 S LOGAN ST ENGLEWOOD CO 80113
1971-35-3-28-005 3470 S MARION ST ENGLEWOOD CO 80113
1971-34-4-28-025 3470 S SHERMAN ST ENGLEWOOD CO 80113
1971-34-4-28-023 3470 S SHERMAN ST ENGLEWOOD CO 80113
1971-34-4-28-024 3470 S SHERMAN ST ENGLEWOOD CO 80113
1971-34-3-17-011 3473 S BROADWAY ENGLEWOOD CO 80113
1971-35-3-23-033 3475 S EMERSON ST ENGLEWOOD CO 80113
1971-35-3-28-010 3475 S LAFAYETTE ST ENGLEWOOD CO 80113
1971-35-3-28-009 3475 S LAFAYETTE ST ENGLEWOOD CO 80113
1971-35-3-27-014 3475 S MARION ST ENGLEWOOD CO 80113
1971-34-4-00-023 3476 S BROADWAY ENGLEWOOD CO 80113
1971-35-3-26-009 3476 S CORONA ST ENGLEWOOD CO 80113
1971-34-4-27-010 3476 S GRANT ST ENGLEWOOD CO 80113
1971-34-4-27-015 3477 S LOGAN ST ENGLEWOOD CO 80113
1971-35-3-27-013 3477 S MARION ST ENGLEWOOD CO 80113
1971-34-4-26-010 3480 S LOGAN ST ENGLEWOOD CO 80113
1971-34-4-27-011 3482 S GRANT ST ENGLEWOOD CO 80113
1971-34-3-17-010 3483 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-00-024 3484 S BROADWAY ENGLEWOOD CO 80113
1971-35-3-27-009 3484 S DOWNING ST ENGLEWOOD CO 80113
1971-35-3-23-041 3488 S CLARKSON ST ENGLEWOOD CO 80113
1971-35-3-23-042 3488 S CLARKSON ST ENGLEWOOD CO 80113
1971-35-3-23-043 3488 S CLARKSON ST ENGLEWOOD CO 80113
1971-35-3-23-044 3488 S CLARKSON ST ENGLEWOOD CO 80113
1971-35-3-23-045 3488 S CLARKSON ST ENGLEWOOD CO 80113
1971-35-3-26-020 3489 S DOWNING ST ENGLEWOOD CO 80113
1971-34-4-00-025 3490 S BROADWAY ENGLEWOOD CO 80113
1971-34-4-28-009 3490 S SHERMAN ST ENGLEWOOD CO 80113
1971-35-3-26-021 3493 S DOWNING ST ENGLEWOOD CO 80113
1971-34-3-17-009 3495 S BROADWAY ENGLEWOOD CO 80113
1971-35-3-25-011 3495 S CORONA ST ENGLEWOOD CO 80113
1971-35-3-25-003 3495 S CORONA ST ENGLEWOOD CO 80113
1971-35-3-26-012 3495 S DOWNING ST ENGLEWOOD CO 80113
1971-34-4-00-027 3498 S BROADWAY ENGLEWOOD CO 80113
1971-35-3-28-007 3498 S MARION ST ENGLEWOOD CO 80113
1971-34-4-00-031 35 E HAMPDEN AVE ENGLEWOOD CO 80110
2077-03-1-07-001 3500 S BROADWAY ENGLEWOOD CO 80113
2077-02-2-07-022 3500 S CLARKSON ST ENGLEWOOD CO 80113
2077-02-2-04-020 3500 S CORONA ST ENGLEWOOD CO 80113
2077-02-2-04-020 3500 S CORONA ST ENGLEWOOD CO 80113
2077-03-1-06-016 3500 S LINCOLN ST ENGLEWOOD CO 80113
Page 137 of 163
15
DN 4090321.1
2077-03-1-04-001 3500 S LOGAN ST ENGLEWOOD CO 80113
2077-03-2-36-002 3501 S BROADWAY ENGLEWOOD CO 80113
2077-03-1-01-020 3501 S CLARKSON ST ENGLEWOOD CO 80113
2077-02-2-05-025 3501 S CORONA ST ENGLEWOOD CO 80113
2077-03-2-06-012 3501 S FOX ST ENGLEWOOD CO 80110
2077-03-1-07-020 3501 S LINCOLN ST ENGLEWOOD CO 80113
2077-03-1-05-013 3501 S LOGAN ST ENGLEWOOD CO 80113
2077-02-2-02-001 3502 S MARION ST ENGLEWOOD CO 80113
2077-03-1-05-022 3507 S LOGAN ST ENGLEWOOD CO 80113
2077-02-2-02-002 3510 S MARION ST ENGLEWOOD CO 80113
2077-02-2-05-003 3510 S OGDEN ST ENGLEWOOD CO 80113
2077-02-2-04-018 3511 S DOWNING ST ENGLEWOOD CO 80113
2077-04-1-01-005 3511 S HURON ST ENGLEWOOD CO 80110
2077-03-1-05-023 3511 S LOGAN ST ENGLEWOOD CO 80113
2077-04-1-01-004 3515 S HURON ST ENGLEWOOD CO 80110
2077-03-2-05-019 3517 S ELATI ST ENGLEWOOD CO 80110
2077-03-2-06-011 3517 S FOX ST ENGLEWOOD CO 80110
2077-03-1-07-024 3517 S LINCOLN ST ENGLEWOOD CO 80113
2077-03-1-07-031 3518 S BROADWAY ENGLEWOOD CO 80113
2077-03-1-01-003 3520 S WASHINGTON ST ENGLEWOOD CO 80113
2077-03-1-05-015 3521 S LOGAN ST ENGLEWOOD CO 80113
2077-03-1-07-026 3524 S BROADWAY ENGLEWOOD CO 80113
2077-03-2-05-010 3529 S ELATI ST ENGLEWOOD CO 80110
2077-03-2-04-012 3530 S ELATI ST ENGLEWOOD CO 80110
2077-03-1-05-026 3531 S LOGAN ST ENGLEWOOD CO 80113
2077-03-1-06-021 3534 S LINCOLN ST ENGLEWOOD CO 80113
2077-03-1-01-016 3535 S CLARKSON ST ENGLEWOOD CO 80113
2077-03-2-05-015 3535 S ELATI ST ENGLEWOOD CO 80110
2077-03-2-06-010 3535 S FOX ST ENGLEWOOD CO 80110
2077-04-1-01-003 3535 S HURON ST ENGLEWOOD CO 80110
2077-02-2-02-012 3535 S LAFAYETTE ST ENGLEWOOD CO 80113
2077-03-1-03-023 3535 S PEARL ST ENGLEWOOD CO 80113
2077-03-1-24-003 3535 S SHERMAN ST ENGLEWOOD CO 80113
2077-03-1-03-005 3538 S PENNSYLVANIA ST ENGLEWOOD CO 80113
2077-03-2-05-018 3540 S FOX ST ENGLEWOOD CO 80110
2077-03-1-04-028 3540 S LOGAN ST ENGLEWOOD CO 80113
2077-03-1-02-019 3540 S PEARL ST ENGLEWOOD CO 80113
2077-03-1-01-015 3540 S WASHINGTON ST ENGLEWOOD CO 80113
2077-03-2-05-016 3542 S FOX ST ENGLEWOOD CO 80110
2077-03-2-06-013 3545 S FOX ST ENGLEWOOD CO 80110
2077-03-1-04-014 3545 S PENNSYLVANIA ST ENGLEWOOD CO 80113
2077-04-1-01-012 3550 S INCA ST ENGLEWOOD CO 80110
2077-04-1-02-018 3550 S JASON ST ENGLEWOOD CO 80110
Page 138 of 163
16
DN 4090321.1
2077-03-1-03-021 3550 S PENNSYLVANIA ST ENGLEWOOD CO 80113
2077-03-1-24-002 3551 S SHERMAN ST ENGLEWOOD CO 80113
2077-03-1-28-001 3555 S CLARKSON ST ENGLEWOOD CO 80113
2077-03-1-07-029 3555 S LINCOLN ST ENGLEWOOD CO 80113
2077-03-1-04-013 3555 S PENNSYLVANIA ST ENGLEWOOD CO 80113
2077-02-2-02-013 3557 S LAFAYETTE ST ENGLEWOOD CO 80113
2077-02-2-02-013 3557 S LAFAYETTE ST ENGLEWOOD CO 80113
2077-02-2-07-016 3560 S CLARKSON ST ENGLEWOOD CO 80113
2077-03-1-06-007 3560 S LINCOLN ST ENGLEWOOD CO 80113
2077-03-1-02-004 3560 S PEARL ST ENGLEWOOD CO 80113
2077-02-2-07-010 3565 S EMERSON ST ENGLEWOOD CO 80113
2077-04-1-01-002 3565 S HURON ST ENGLEWOOD CO 80110
2077-03-1-02-005 3568 S PEARL ST ENGLEWOOD CO 80113
2077-03-1-04-012 3569 S PENNSYLVANIA ST ENGLEWOOD CO 80113
2077-03-1-04-006 3570 S LOGAN ST ENGLEWOOD CO 80113
2077-03-2-06-007 3575 S FOX ST ENGLEWOOD CO 80110
2077-03-1-03-022 3575 S PEARL ST ENGLEWOOD CO 80113
2077-03-1-24-001 3575 S SHERMAN ST ENGLEWOOD CO 80113
2077-03-1-02-010 3575 S WASHINGTON ST ENGLEWOOD CO 80113
2077-03-1-04-007 3576 S LOGAN ST ENGLEWOOD CO 80113
2077-03-1-02-006 3576 S PEARL ST ENGLEWOOD CO 80113
2077-03-1-04-011 3577 S PENNSYLVANIA ST ENGLEWOOD CO 80113
2077-03-1-06-008 3580 S LINCOLN ST ENGLEWOOD CO 80113
2077-02-2-07-009 3585 S EMERSON ST ENGLEWOOD CO 80113
2077-02-2-07-017 3590 S CLARKSON ST ENGLEWOOD CO 80113
2077-03-1-04-008 3594 S LOGAN ST ENGLEWOOD CO 80113
2077-03-1-02-009 3595 S WASHINGTON ST ENGLEWOOD CO 80113
2077-03-1-02-007 3596 S PEARL ST ENGLEWOOD CO 80113
2077-03-1-23-006 3597 S PEARL ST ENGLEWOOD CO 80113
2077-03-1-23-005 3597 S PEARL ST ENGLEWOOD CO 80113
2077-03-1-23-004 3597 S PEARL ST ENGLEWOOD CO 80113
2077-03-1-23-003 3597 S PEARL ST ENGLEWOOD CO 80113
2077-03-1-23-002 3597 S PEARL ST ENGLEWOOD CO 80113
2077-03-1-23-001 3597 S PEARL ST ENGLEWOOD CO 80113
2077-03-1-02-008 3598 S PEARL ST ENGLEWOOD CO 80113
2077-03-2-09-019 3600 S GALAPAGO ST ENGLEWOOD CO 80110
2077-03-2-08-008 3600 S HURON ST ENGLEWOOD CO 80110
2077-04-1-05-001 3600 S JASON ST ENGLEWOOD CO 80110
2077-03-2-09-014 3601 S FOX ST ENGLEWOOD CO 80110
2077-03-2-08-007 3601 S GALAPAGO ST ENGLEWOOD CO 80110
2077-04-1-06-014 3601 S HURON ST ENGLEWOOD CO 80110
2077-04-1-05-007 3601 S INCA ST ENGLEWOOD CO 80110
2077-04-1-05-002 3602 S JASON ST ENGLEWOOD CO 80110
Page 139 of 163
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DN 4090321.1
2077-03-2-09-012 3609 S FOX ST ENGLEWOOD CO 80110
2077-03-2-09-011 3611 S FOX ST ENGLEWOOD CO 80110
2077-04-1-06-010 3615 S HURON ST ENGLEWOOD CO 80110
2077-03-2-08-003 3620 S HURON ST ENGLEWOOD CO 80110
2077-03-2-09-021 3621 S FOX ST ENGLEWOOD CO 80110
2077-03-2-09-020 3629 S FOX ST ENGLEWOOD CO 80110
2077-04-1-05-008 3636 S JASON ST ENGLEWOOD CO 80110
2077-04-1-05-009 3640 S JASON ST ENGLEWOOD CO 80110
2077-03-2-09-005 3650 S GALAPAGO ST ENGLEWOOD CO 80110
2077-04-1-05-006 3653 S INCA ST ENGLEWOOD CO 80110
2077-03-2-09-006 3654 S GALAPAGO ST ENGLEWOOD CO 80110
2077-04-1-17-027 3667 S HURON ST ENGLEWOOD CO 80110
2077-04-1-06-012 3690 S JASON ST ENGLEWOOD CO 80110
1971-34-3-23-003 401 ENGLEWOOD PKWY ENGLEWOOD CO 80110
1971-34-3-29-001 401 W HAMPDEN PL ENGLEWOOD CO 80110
1971-34-4-26-020 410 E GIRARD AVE ENGLEWOOD CO 80113
2077-03-1-04-019 442 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-4-26-031 475 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-3-23-002 490 W FLOYD AVE ENGLEWOOD CO 80110
2077-03-2-04-001 490 W HAMPDEN AVE ENGLEWOOD CO 80110
1971-34-4-26-032 499 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-03-2-05-013 500 W HAMPDEN AVE ENGLEWOOD CO 80110
1971-34-4-00-056 501 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-4-25-005 501 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-3-00-083 501 W HAMPDEN AVE ENGLEWOOD CO 80110
2077-03-1-31-001 506 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-03-2-05-001 540 W HAMPDEN AVE ENGLEWOOD CO 80110
1971-34-3-00-024 55 W FLOYD AVE ENGLEWOOD CO 80110
1971-34-3-27-008 551 W HAMPDEN AVE ENGLEWOOD CO 80110
2077-03-1-02-018 600 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-3-27-001 601 ENGLEWOOD PKWY ENGLEWOOD CO 80110
1971-34-4-00-051 601 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-03-2-06-014 630 W HAMPDEN AVE ENGLEWOOD CO 80110
1971-34-4-18-013 665 E GIRARD AVE ENGLEWOOD CO 80113
1971-34-4-18-013 665 E GIRARD AVE ENGLEWOOD CO 80113
1971-34-3-00-004 697 W HAMPDEN AVE ENGLEWOOD CO 80110
2077-03-1-01-001 700 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-4-00-052 701 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-03-1-28-002 707 E JEFFERSON AVE ENGLEWOOD CO 80113
2077-03-1-01-002 714 E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-4-17-012 725 E GIRARD AVE ENGLEWOOD CO 80113
1971-34-4-17-012 725 E GIRARD AVE ENGLEWOOD CO 80113
2077-03-2-07-011 730 W HAMPDEN AVE ENGLEWOOD CO 80110
Page 140 of 163
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DN 4090321.1
2077-03-2-07-012 750 W HAMPDEN AVE ENGLEWOOD CO 80110
2077-03-1-07-021 76 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-03-2-07-010 770 W HAMPDEN AVE ENGLEWOOD CO 80110
1971-34-4-17-013 777 E GIRARD AVE ENGLEWOOD CO 80113
1971-34-4-00-057 799 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-04-1-01-006 800 W HAMPDEN AVE ENGLEWOOD CO 80110
2077-04-1-01-011 840 W HAMPDEN AVE ENGLEWOOD CO 80110
1971-33-4-04-019 850 ENGLEWOOD PKWY ENGLEWOOD CO 80110
1971-35-3-23-032 851 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-02-2-07-021 880 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-04-1-06-013 888 W ITHACA AVE ENGLEWOOD CO 80110
1971-33-4-04-020 895 W HAMPDEN AVE ENGLEWOOD CO 80110
2077-02-2-06-001 900 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-04-1-02-010 900 W HAMPDEN AVE ENGLEWOOD CO 80110
1971-33-4-06-002 901 ENGLEWOOD PKWY ENGLEWOOD CO 80110
1971-33-4-04-017 901 W HAMPDEN AVE ENGLEWOOD CO 80110
2077-04-1-05-005 945 W JEFFERSON AVE ENGLEWOOD CO 80110
2077-04-1-17-028 945 W KENYON AVE ENGLEWOOD CO 80110
2077-02-2-20-001 960 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-02-2-06-020 980 E HAMPDEN AVE ENGLEWOOD CO 80113
2077-04-1-02-017 990 W HAMPDEN AVE ENGLEWOOD CO 80110
1971-33-4-04-009 NA ENGLEWOOD PKWY ENGLEWOOD CO 80110
1971-34-3-20-028 NA ENGLEWOOD PKWY ENGLEWOOD CO 80110
1971-34-3-20-027 NA ENGLEWOOD PKWY ENGLEWOOD CO 80110
2077-03-1-04-024 NA E HAMPDEN AVE ENGLEWOOD CO 80113
1971-34-3-00-034 NA S ACOMA ST ENGLEWOOD CO 80110
2077-03-2-05-017 NA S FOX ST ENGLEWOOD CO 80110
2077-03-2-08-004 NA S HURON ST ENGLEWOOD CO 80110
1971-33-4-04-003 NA S INCA ST ENGLEWOOD CO 80110
1971-34-4-00-048 NA S LINCOLN ST ENGLEWOOD CO 80110
1971-34-4-00-028 NA S LINCOLN ST ENGLEWOOD CO 80110
1971-34-4-23-016 NA S LINCOLN ST ENGLEWOOD CO 80113
1971-34-4-26-034 NA S LINCOLN ST ENGLEWOOD CO 80113
1971-34-4-26-035 NA S LINCOLN ST ENGLEWOOD CO 80113
1971-34-4-00-017 NA S LINCOLN ST ENGLEWOOD CO 80113
2077-03-1-07-028 NA S LINCOLN ST ENGLEWOOD CO 80113
2077-03-1-06-009 NA S LINCOLN ST ENGLEWOOD CO 80113
1971-35-3-28-006 NA S MARION ST ENGLEWOOD CO 80113
2077-03-1-04-025 NA S PENNSYLVANIA ST ENGLEWOOD CO 80113
1971-34-3-00-084 NA W FLOYD AVE ENGLEWOOD CO 80110
1971-34-3-22-008 NA W HAMPDEN AVE ENGLEWOOD CO 80110
1971-34-3-27-003 NA W HAMPDEN AVE ENGLEWOOD CO 80110
1971-34-3-30-001 NA W HAMPDEN PL ENGLEWOOD CO 80110
Page 141 of 163
19
DN 4090321.1
Page 142 of 163
EASTMAN AVE
FLOYD AVE
KENYON AVE
S ELATI STS BROADWAYS SANTA FE DRS DOWNING STHAMPDEN AVE
US HWY 285
E N G L E W O O D S TAT I O N -
C I T Y C E N T E R
D I S T R I C T
S B R O A D W AY
M A I N S T R E E T
D I S T R I C T M E D I C A L
D I S T R I C T
DARTMOUTH AVE
JEFFERSON AVE
ITHACA AVE
S INCA STS JASON STS HURON STS GALAPAGO STS FOX STS DELWARE STS CHEROKEE STS BANNOCK STS ACOMA STS LINCOLN STS SHERMAN STS GRANT STS LOGAN STS PENNSYLVANIA STS PEARL STS WASHINGTON STS CLARKSON STS EMERSON STS OGDEN STS CORONA STS MARION STS LAFAYETTE STENGLEWOOD PKWY/GIRARD AVE
US HWY 285
Commerical and Commericially-Zoned Residential Properties Selected for Inclusion in the
Proposed Englewood Downtown Development Authority - Version 5
ICommercial Properties Commercially-Zoned Residential Properties
0 500 1,000 1,500
Feet
Page 143 of 163
Memorandum
File No. 5035230-0001
TO: Dan Poremba, Chief Redevelopment Officer, City of Englewood
FROM: Tom George and Nicole Finco, Spencer Fane LLP
RE: Organization and Activation of Proposed Downtown Development Authority
DATE: May 8, 2020
The following is a brief summary of the two main components of the organization and activation
of a Downtown Development Authority (DDA) as requested by City Council following the April 27,
2020 study session. This summary is very basic in nature and touches only briefly on (1) the
organizational process, and (2) the activation through a plan of development process. We are
happy to provide more detail or answer any questions you may have upon request.
I. DDA ORGANIZATIONAL PROCESS
A. Ordinance
In order to establish a DDA, the City must first adopt an ordinance to submit the question of
organization to the DDA’s qualified electors. The organizational election should, but is not
required, to also include debt, taxation, and revenue questions as required by the Colorado
Constitution (TABOR) if the DDA is intended to have such authority. It is possible to hold two
separate elections—first on the question of organization alone, and a second election on the
TABOR issues—but doing so is not recommended due to timing and costs associated with holding
two separate elections.
The ordinance will include details such as the DDA’s proposed (1) boundaries, (2) number of the
DDA Board of Directors (set between 5-11 members, but not identifying the specific appointees),
(3) specific powers and limits on powers, (4) debt, taxation and revenue authority and limitations,
(5) election date and details regarding the administration of election, and (6) the proposed ballot
questions.
The ordinance is to be adopted like any other City ordinance, consistent with the City’s charter
and policy, which we understand will require two readings and may include holding a public
hearing on the ordinance if so desired by the Council.
B. Election
As currently proposed, our office will conduct the election, and it will be held by mail ballot on
November 3, 2020.
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The DDA’s “qualified electors” vote in the election. The “qualified electors” are residents,
landowners, and lessees within the DDA’s boundaries, and each person designated by a
corporate entity that leases or owns property to vote on behalf of the entity. Qualified electors who
are residents within the DDA boundaries will be identified by requesting a voter registration list
from the County Clerk. However, because the proposed DDA boundaries will not include many
residential properties, there will likely not be many resident qualified electors. Qualified electors
who are landowners within the DDA boundaries will be identified by requesting a property owners
list from the County Assessor. Because there is not a public list or record of lessees available,
qualified electors who are lessees will simply need to complete and submit a ballot request form.
Ballots will be mailed out approximately two weeks prior to election day. On election day ballots
are counted, and thereafter the election results are certified. Following a successful election, the
DDA is officially organized. The City may then appoint the Board of Directors and the DDA may
carry out basic operations and administration only, such as hiring staff, completing studies, and
preparing a plan of development. In addition, if approved by the DDA voters, the DDA can impose
an ad valorem property tax mill levy for operations (by statute the DDA can impose up to 5 mills,
but it is anticipated the DDA will utilize a mill levy of 2 mills or less). The use of tax increment
financing (TIF), however, must be authorized in an approved plan of development (see below).
C. Composition of the DDA Board
The DDA Board of Directors will consist of between 5 and 11 members (as set forth in the
organizational ordinance) who are appointed by the City Council after the DDA is organized, at
least one of whom is a current City Council member. A majority of the directors must reside or
own property in the DDA.
II. PREPARATION AND APPROVAL OF A PLAN OF DEVELOPMENT
The DDA generally cannot undertake any efforts beyond regular operations unless and until the
City Council has approved a “plan of development”. A plan of development operates like a DDA
“business plan” and sets forth the specific projects and efforts to be undertaken by the DDA.
A plan of development may be proposed during the DDA organizational process, but it may not
be approved until after organization. A draft plan of development is currently being formulated
through a comprehensive stakeholder engagement process, including through interaction with the
Steering Committee and feedback from a public survey, to better inform the community, DDA voters,
and the Council of the general business plan vision and elements being defined for the DDA (and to
quickly incorporate a COVID-19 recovery strategy).
The DDA Board may propose any plan of development, whether economic or physical, or a
combination of both.
The use of TIF may be authorized in a plan of development, and the TIF will only apply with the
area covered by the plan of development.
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Prior to City Council approval of a plan of development, the Council must submit the plan to the
Englewood Planning and Zoning Commission, which shall make written recommendations to the
Council.
With or without the above recommendations, the City Council is to hold a public hearing on the
plan of development and take action on its approval.
The City may approve more than one plan of development for different subareas within the DDA,
and all plans of development may be amended at any time by following the same process for
approving such plans.
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TO: Mayor Olson and Members of City Council
FROM: Dan Poremba
John Voboril
DATE: June 15, 2020
SUBJECT: Supplemental Information Re Council Bill 25 - An Ordinance Concerning the
Creation and Organization of the Englewood Downtown Development Authority
DESRIPTION: Supplemental Information Re: Council Bill 25 - An Ordinance Concerning the
Creation and Organization of the Englewood Downtown Development Authority (DDA)
RECOMMENDATIONS: Staff recommends City Council’s adoption of the subject Ordinance
(attached) concerning the creation and organization of an Englewood DDA. Staff also
recommends that Council approve a debt increase authorization of $150 million for the related
TABOR ballot question described in Section 7 of the Ordinance.
This Council Communication is in response to the June 10, 2020 Special Meeting Council
discussion concerning the DDA formation election. Three TABOR ballot questions are included
in the Ordinance and will be included on the formation election ballot, subject to Council’s
approval. This supplemental information responds to Council’s questions concerning the two
debt authorization alternatives presented for Council’s direction: $40 million or $150 million. As
advised by the City Attorney’s Office, the subject Ordinance (currently blank for this requirement
in Section 7 together with the related maximum principal and interest number) can be filled in at
First Reading with either of these two debt authorization alternatives presented to Council or
another debt authorization amount selected by Council. The analysis will also facilitate Council’s
possible consideration of an alternative mid-point number in the $80 million-$100 million range to
complete the Ordinance.
Staff acknowledges the expedited time frame within which the DDA Ordinance related financial
alternatives were presented to Council. The COVID-19 impacts resulted in a compressed
Downtown Matters process which, in turn, limited the time in which the DDA formation election
issues, including the TABOR-required ballot questions could be drafted and presented to
Council. This time could not be extended because the upcoming publication and notification
dates for the November 3, 2020 DDA formation election date remained fixed. As a result, staff
was not able to orchestrate its related communications with Council in a typically paced manner.
SUMMARY: Related to the June 10, 2020 Special Session Council discussion of the two debt
authorization alternatives, staff and the Downtown Matters consulting team have addressed
Council’s questions in a supplemental PowerPoint presentation summarized here and attached.
Based on the additional analysis summarized in the PowerPoint, a $40 million debt authorization
would not position the DDA to be an effective successful long-term change agent to help revitalize
Downtown and achieve the goals identified in the draft DDA Downtown Plan. The number of
public improvements that could be funded through the DDA would be limited. The Downtown Plan
goals were formulated with broad public input and they are extensive. In contrast, a $150 million
debt authorization would position the DDA to fund a much broader set of uses and projects
across all three DDA sub-areas.
A higher debt authorization would also allow Council to better focus on related goals of the
Downtown Plan such as affordable and workforce housing, homelessness and other social equity
and sustainability measures that are increasingly relevant in attracting and retaining a broader
range of businesses, residents and commercial property owners.
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If the Council and DDA voters approve the DDA formation and an increase in the debt
authorization limit, the TIF financing and funding decisions would be implemented in an
incremental process in which the DDA Board and City Council would approve every action at
multiple stages. The supplemental information also provides additional opportunity to discuss the
commitment that the DDA should not unfairly benefit from the potential COVID-generated, one-
year decreases in base year property or sales taxes. The fact that the City Council would approve
all related DDA decisions is also an effective safeguard.
ANALYSIS:
Debt Authorization Alternatives. Staff and the Downtown Matters team have identified a list of
hypothetical public improvements and other uses of potential TIF-backed bond financing. These
potential uses of DDA TIF funding are targeted to contribute to the general revitalization of
Downtown Englewood and to achieve the major goals identified in the draft DDA Downtown Plan.
The projects and uses financed with DDA TIF funding would occur in all three sub-areas of the
DDA: CityCenter, the Medical District and the South Broadway sub-area. These uses would
ultimately be funded in accordance with the needs and opportunities prioritized by the DDA Board
and approved by the City Council. They include a wide range of public improvements and other
uses within the DDA area.
The anticipated public improvements and other DDA TIF-financed uses, including upfront capital
costs and related financing costs, would very quickly exceed the DDA’s debt capacity at the $40
million level. As indicated, it is possible that this level of authorized debt might only fund one large
capital project, such as a new parking garage at CityCenter.
In contrast, a $150 million debt authorization, if approved by Council and the DDA voters, would
allow the potential funding of many improvements and other uses across all three DDA sub-
areas. These TIF funding uses are consistent with the draft DDA Downtown Plan, which was
formulated based on extensive public outreach and input. Including the hypothetical initial
CityCenter area parking garage, these uses of TIF financing would include the following (shown
with associated financing costs requirements):
1. Round 1 - $33.0 million. CityCenter Parking Structure, shared parking for multiple uses to
facilitate mixed-use vertical development,
2. Round 2 – $27.5 million. Little Dry Creek Greenway and Plaza Improvements plus other
South Broadway area improvements (paseo upgrades, alley and parking upgrades,
streetscape and lighting improvements, etc.),
3. Round 3 - $12.0 million. Medical District/Old Hampden streetscape, wayfinding and
parking improvements,
4. Round 4 - $27.0 million. Additional Parking Structure possibly in the CityCenter area, to
facilitate redevelopment of the North Parking Lot, and/or the redevelopment of the dated
Englewood Marketplace and Englewood Plaza shopping centers located between
CityCenter and Broadway (these redeveloped centers could include mixed use
development which could incorporate affordable or workforce housing),
5. Round 5 - $10.0 million. Broadway Façade Improvements (Note, this financing round
could also include funding for the long-term improvements and operations of the
Englewood Trolley (a commitment which may be necessary to secure a CityCenter hotel),
6. Round 6 - $30.0 million. Pedestrian Bridges and Trails, Improvements to Englewood
Parkway.
Based on the above list of hypothetical uses of DDA TIF funding, the estimated total debt for 6
rounds of bonding would be $139.75 million. This would exceed the $40 million debt authorization
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alternative by $99.75 million. In contrast, at the $150 million debt authorization level, all six rounds
could be funded with a surplus debt capacity of $10.25 million.
A $150 million debt authorization level approval by Council, followed by a successful vote of the
qualified electors in the DDA, would position the DDA to fund significantly more projects and uses
that would help to ensure the long-term success of Downtown Englewood. Each of the
subsequent decisions inherent in financing and funding these projects and uses would require
approval of the DDA Board and the City Council.
As discussed with Council and addressed in prior Council Communications, the increased debt
authorization question in Section 7 and the ballot language has a second required component
under TABOR (currently blank) which is the associated full repayment cost of the specified debt
increase. Based on a 30-year DDA term and an assumed 9% maximum interest rate, the $40
million alternative would result in a maximum repayment amount of $107 million and the $150
million alternative would result in a maximum repayment amount of $409 million. Consistent with
the purposes of TABOR, these are conservative numbers that are likely overstated, since, for
example, current and projected borrowing costs are so much lower than the maximum 9%
interest rate identified in the ballot language.
DDA TIF Implementation. The attached PowerPoint addresses several questions and concerns
raised by Council on June 10, 2020. Members of the Downtown Matters consulting team,
including those with specific DDA legal and financial expertise, will be able on June 15 to expand
on this information as necessary in connection with Council’s consideration of the Ordinance.
On the question of what level of TIF funding will be supported by the projected natural growth of
property and sales taxes and the expected development of new commercial projects, the current
pandemic factors make this impossible to project at this moment with any level of accuracy. As
discussed with Council, there is a growing pipeline of planned development projects in all three
sub-areas of Downtown Englewood. In addition to the general growth and value trends of the
Denver metropolitan real estate market, this brings comparatively high confidence to the
probability that the market will support the TIF-backed financing necessary to support the
hypothetical projects and uses outlined in the supplemental analysis.
FINANCIAL IMPLICATIONS: The continuing Downtown Matters/DDA initiative tasks, including
communications with the public and the qualified electors about the Englewood DDA and DDA
formation election, will be funded by the $200,000 DRCOG Next Step Study Grant and $41,575
Englewood local match funding from the approved 2020 Community Development budget.
Spencer Fane will administer the November DDA special election on behalf of the City and will be
compensated from the Next Step Grant funding and/or the approved 2020 Community
Development professional services budget ($25,000 estimate).
CONCLUSION: Based on the need for and overall value of a Downtown Development Authority
to Downtown Englewood and, in turn, the entire City, staff recommends Council approval of the
subject Englewood DDA Ordinance and approval of the $150 million increased debt authorization
and ballot language in Section 7 (together with the associated 30-year total debt repayment limit,
including interest, of $409 million). However, if Council choses not to endorse the full $150 million
debt increase authorization, a more moderate increase of $80 million-$100 million would be
sufficient over the intermediate term to develop very positive momentum in achieving the goals of
the DDA Downtown Plan.
ATTACHMENTS:
PowerPoint presentation prepared by Strae Advisory Services, staff and members of the
Downtown Matters consulting team
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City Council Meeting
June 15, 2020
DDA Ordinance –Supplemental Information
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•TABOR -required debt questions make future DDA debt elections to authorize additional
debt on a phased basis very challenging and expensive with uncertain outcomes
•A higher debt authorization now will allow the City/DDA to act more quickly to respond to
market financing opportunities in the future
•The current DRCOG Next Step Study Grant provides the City the unique opportunity and
momentum to address the TABOR debt questions on a very timely and cost-effective basis
as part of the formation election
•The COVID recovery strategy in the Downtown Plan will be enhanced with advance debt
authorization
•The City’s evolving relationship with SKB will be advanced by the advance debt
authorization
Rationale for Pre-Authorizing Debt Issuance
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•There is a growing pipeline of planned development projects in all three sub-
areas of Downtown Englewood.
•The general growth and value trends of the Denver metropolitan real estate
market also bring support high confidence that the capital market will support
the TIF financing to fund the hypothetical projects
•By way of example, the $53+ million Swedish Medical Center tower would (based
on cost) generate $1.12 million in new annual property taxes which would
support about $11 million in TIF financing
Earning Potential of DDA Tax Increment Finance District
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•Staff is providing Council with the following three alternatives, but Council can
select a number of their choosing:
•$40 million
•$80 million to $100 million
•$150 million
•Dollar amounts have been identified based on potential project costs and
low/medium/high levels of aggressiveness
Rationale for Pre-Authorizing Debt Issuance
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Potential DDA Area Improvements
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Hypothetical Round 1 Project & Funding
Parking Garage Assumptions:
•600 stalls
•$30,000 / stall costs
•$18M total costs
•$2M supporting infrastructure
•$20M total project costs
Development Assumptions:
•Replace surface parking
capacity
•Open up land for additional
commercial & residential
uses
•Satisfy RTD LRT parking
agreement
NOTE: Location is speculative and for
illustrative purposes only.Page 155 of 163
Hypothetical Round 1 Financing Illustration –
$33M in bonds = ~$20M Proceeds
(assumes 9% interest rate, 30 year term)
660,000
8,910,000
3,212,100
20,217,900
Cost of Issue Capitalized Interest
Debt Service Reserves Project Funds
27.00%
9.73%
2.00%
61.27%
* TIF repayment projections must be sufficient to make any
future DDA debt issue marketable. Debt illustrations assume
TIF projections make debt attractive to bond investors.
Description $40M Authorization $150M Authorization
1ST Financing Principal 33,000,000 33,000,000
Remaining Capacity 7,000,000 117,000,000
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Hypothetical Round 2 Improvements Identified
Improvement Costs:
•$20M total project costs
Improvement Assumptions:
•Little Dry Creek Greenway &
Plaza Improvements
•Pedestrian experience along
S. Broadway
•Paseos
•Medians
•Lighting
•Improve alleys and parking
areas in South Broadway sub-
area ROW & Alley Improvements
Little Dry Creek Greenway
& Plaza ImprovementsPage 157 of 163
Hypothetical Round 2 Financing Illustration –
$27.75M in bonds = ~$20M Proceeds
(assumes 6% interest rate, 25 year term)
555,000
4,995,000
2,170,791
20,029,209
Cost of Issue Capitalized Interest
Debt Service Reserves Project Funds
18.00%
7.82%
2.00%
72.18%
Note: Under a $40M Authorization limit, the
2nd financing would require a successful new
debt authorization election before proceeding.
* TIF repayment projections must be sufficient to make any
future DDA debt issue marketable. Debt illustrations assume
TIF projections make debt attractive to bond investors.
Description $40M Authorization $150M Authorization
Initial Financing Principal 33,000,000 33,000,000
2ND Financing Principal 27,750,000 27,750,000
Remaining Capacity -20,750,000 89,250,000
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Hypothetical Financing Illustration Over Time
* TIF repayment projections must be sufficient to make any future DDA debt issue marketable.
Debt illustrations assume TIF projections make debt attractive to bond investors.
Description $40M Authorization $150M Authorization Improvements Sub -Area
Initial Financing Principal 33,000,000 33,000,000 Parking Garage & Related City Center
2ND Financing Principal 27,750,000 27,750,000 Broadway Corridor ROW & Little Dry Creek S. Broadway
3RD Financing Principal 12,000,000 12,000,000 Old Hampden Wayfinding / ROW Treatments Medical District
4TH Financing Principal 27,000,000 27,000,000 Additional Parking Garage & Related City Center
5TH Financing Principal 10,000,000 10,000,000 Broadway Building Façades S. Broadway
6TH Financing Principal 30,000,000 30,000,000 Ped Bridges / Englewood Pkwy ROW / Trails City Center
Remaining Capacity -99,750,000 10,250,000
Note: Under a $40M Authorization limit, any financing transaction following the ‘Initial Financing’ in excess of $7M would require one or
more successful new debt authorization election(s) before proceeding.
Note: Based on the projected rounds of TIF financing, there may be a good third alternative for Council to select a debt increase
authorization number in the $80M -$100M range for the DDA Ordinance and related ballot question.Page 159 of 163
DDA Debt Authorization Conclusions
•Maximum total debt authorization applies over entire DDA area
•In this hypothetical, two early improvement debt transactions would exceed a $40M debt authorization
•Five funding needs of similar size would require nearly $140M of debt authorization in total
•Prudent to plan for multiple investments / financings over the entirety of the DDA’s geographic boundaries
•Enable DDA tools to have maximum impact on the area –keep options open
•Any future debt obligations require City Council approval when specific transaction information is known
•A debt authorization significantly higher than the $40M lower limit discussed with Council would position
the DDA and Downtown Englewood for Success in Achieving the Goals of the Downtown Plan
•This could be the $150M alternative or a debt limit in the $80M -$100M range
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DDA TIF Implementation
•The Downtown Matters Study is expected to serve as the Plan of
Development under Colorado statute
•A Plan of Development must be approved by CC in order to enable
the DDA’s use of Tax Increment Financing and it may need to be
amended or a separate Plan of Development approved for each sub-
area within the DDA to enable TIF use in each separate sub-area at
the appropriate time
•Maximize the ability for the 30 year TIF term to commence
appropriately for a particular sub-area
•Promote efficient financing options by separating TIF areas to
insulate financings from unforeseen impacts
•Base year impact –It is currently unknown precisely when the
imposition of TIF may occur. However, the intention is the DDA TIF
will not unduly benefit from COVID-19 related base year decreases in
sales or ad valorem tax revenues. Should the implementation of TIF
result in a detrimental outcome to taxing authorities based on COVID-
19 impacts to tax revenue receipts (sales or ad valorem) would need
to be carefully considered and reasonably addressed
•Although general sub-areas have been indicated, exact boundaries for
each sub-area are TBDPage 161 of 163
Thank You
Q & A
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TO: Englewood City Council
FROM: Shawn Lewis, Englewood City Manager; John Collins, Police Chief
DATE: June 12, 2020
SUBJECT: Proposed Topics for Presentation on Police Reform
The following topic list is submitted for Council review and modifications during the City
Manager’s Report at the June 15 City Council meeting. Council direction is desired on the
following:
1. What items does Council desire to have added or removed from the list below?
2. When would Council like the review of these topics to be presented?
Proposed Topics
• Staffing
o School Resource Officer(s)
• Policies
o Use of chokeholds and strangleholds
o Reporting regarding for use of force/threats of use of force
o Use of chemical projectiles and other crowd control methods
o De-escalation practices
o Warnings before discharging firearm
o Requirements for officers to stop or attempt to stop another officer when force is
being inappropriately applied or is no longer required
o Shooting at a moving vehicle
o Use of force continuum
o Fleeing felon
• Alternate Policing and Crime Prevention Efforts
o Co-Responders
o Impact Team
o Restorative Justice
o Homeless Service Provision
• Review Committee(s)
o EIRC Review Board--Employee Incident Recognition Committee
• Update to Projects Underway
o Body cameras (brief update on progress toward implementation)
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