HomeMy WebLinkAbout2020-07-06 (Regular) Meeting Agenda Packet
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
Teleconferenced
Englewood, CO 80110
AGENDA
City Council Regular Meeting
Monday, July 6, 2020 ♦ 5:30 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
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Study Session Topic
a. Police Chief John Collins will be present to discuss the community report on policing in
Englewood with a panel of speakers from the community and Englewood Police
Department.
Pdf
5. Consideration of Minutes of Previous Session
a. Minutes of the Regular City Council Meeting of June 15, 2020.
Teleconferenced City Council Special/Regular - 15 Jun 2020 - Minutes - Pdf
b. Minutes of the Special City Council Meeting of June 23, 2020.
Teleconferenced City Council Special - 23 Jun 2020 - Minutes - Pdf
6. Appointments, Communications, Proclamations, and Recognition
7. Recognition of Scheduled Public Comment
The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior
to the meeting, through the City Clerk’s Office. This is an opportunity for the public to address
City Council. There is an expectation that the presentation will be conducted in a respectful
manner. Council may ask questions for clarification, but there will not be any dialogue. Please
limit your presentation to five minutes. Written materials for presentation to Council may be
submitted to the City Clerk.
a. Elizabeth Murphy, an Englewood Resident, will address Council regarding off-leash dog
parks.
b. Patricia Mitchell, an Englewood Resident, will address Council regarding off-leash dog
parks.
c. Jilian Chavez, an Englewood Resident, will address Council.
d. Sam Hussari, an Englewood Resident, will address Council.
e. Englewood Unleashed will address Council regarding off-leash dog parks.
f. Jake Gilbert, an Englewood Resident, will address Council.
Page 1 of 139
Englewood City Council Regular Agenda
July 6, 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.
g. Alisa Osemwengie, an Englewood Resident, will address Council regarding off-leash
dog parks.
h. Julie Tegan, an Englewood Resident, will address Council regarding off-leash dog parks.
i. Tracy Jones, an Englewood Resident, will address Council regarding off-leash dog
parks.
j. Dean K., an Englewood Resident, will address Council regarding off-leash dog parks.
k. Martha Griego, an Englewood Resident, will address Council regarding off-leash dog
parks.
l. Christina Segura, an Englewood Resident, will address Council regarding off-leash dog
parks.
m. Pamela Beets, an Englewood Resident, will address Council regarding off-leash dog
parks.
8. Dean K., an Englewood Resident, will address Council regarding off-leash dog parks.
9. Recognition of Unscheduled Public Comment
If you would like to sign-up to speak for public comment at the upcoming City Council
meeting for Monday, July 6, please visit
https://englewoodco.zoom.us/webinar/register/WN_0YXT-l1kT-OQV06KrcI0Jg 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.
10. Consent Agenda Items
a. Approval of Ordinances on First Reading
b. Approval of Ordinances on Second Reading.
Page 2 of 139
Englewood City Council Regular Agenda
July 6, 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.
i. CB 23 - An ordinance to submit a ballot issue to electors, re: Lodging Tax
Pdf
Staff recommends City Council approve, by Ordinance, to submit a ballot issue
to electors allowing the City to raise the sales tax upon lodging, i.e.
"Lodgers' Tax". Staff: Finance Director Maria Sobota
ii. CB 24 - Intergovernmental Agreement - RTD and City of Englewood
Pdf
Staff recommends City Council approve, by Ordinance, 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
c. Resolutions and Motions
i. Renew the Professional Services Agreement with Martin and Wood Water
Consultants Inc.
Pdf
Staff recommends City Council approve, by Motion, a Professional Services
Agreement in an amount not to exceed $300,000 with Martin and Wood Water
Consultants Inc. for engineering services supporting the City’s water resources
protection and future planning. Staff: Deputy Director of Utilities Steve
Simon
ii. Renew the Professional Services Agreementwith Berg Hill Greenleaf & Ruscitti,
LLP.
Pdf
Staff recommends City Council approval, by Motion, of the annual renewal of the
Professional Services Agreement with Berg Hill Greenleaf & Ruscitti, LLP
(BHGR) in an amount not to exceed $400,000 for legal representation as part of
the City’s water resource management team. Staff: Deputy Director of
Utilities Steve Simon
11. Public Hearing Items
12. Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading
b. Approval of Ordinances on Second Reading
i. CB 25 - Concerning the Creation and Organization of the Englewood Downtown
Development Authority (DDA)
Pdf
Staff recommends City Council approve, by Ordinance, the creation, and
organization of an Englewood Downtown Development Authority. Staff:
Redevelopment Manager Dan Poremba and Senior Planner John Voboril
c. Resolutions and Motions
i. Award of Contract to Chavez Construction, Inc. for Construction of the 2020 Mill
Page 3 of 139
Englewood City Council Regular Agenda
July 6, 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.
and Overlay Project
Pdf
Staff recommends City Council approve, by Motion, a Contract with Chavez
Construction, Inc. in the amount of $1,218,957.10 for construction of the 2020
Mill and Overlay Project with allowance for a 10% contingency in the amount of
$121,895.71, to account for unknown circumstances that might be encountered
on the project. Staff: Construction Manager Frank Main
13. Covid-19 Update
14. General Discussion
a. Mayor's Choice
i. Face Masking
b. Council Members' Choice
15. City Manager’s Report
16. City Attorney’s Report
17. Adjournment
Page 4 of 139
STUDY SESSION
TO: Mayor and Council
FROM: John Collins, Shawn Lewis, Vance Fender
DEPARTMENT: City Manager's Office
DATE: July 6, 2020
SUBJECT: Discussion on Police Policies, Practices and Trends
DESCRIPTION:
Discussion on Police Policies, Practices and Trends
RECOMMENDATION:
Staff recommends consideration and discussion regarding the attached community report on
policing in Englewood.
PREVIOUS COUNCIL ACTION:
On June 10, City Council affirmed the Mayor's Pledge on Police Reform detailed below and
agreed to move forward on a presentation and panel discussion on policing.
SUMMARY:
Following the death of George Floyd in Minneapolis, Mayor Olson and the Englewood City
Council committed to the following:
1. Review the police use of force
2. Engage the community by including a diverse range of input, experiences, and stories
3. Report the findings of the review to the community and seek feedback
4. Reform the community’s police use of force policies based on findings.
This discussion represents the first of three phases of this commitment: Review police use of
force and other policies. The next phase scheduled for late July is a virtual town hall meeting to
discuss community needs and desires around policing. After further discussion as deemed
necessary by Council, Council will determine what and when any changes may be warranted
based on information gathered.
ANALYSIS:
Following a brief presentation on policing activities and policies in Englewood, the City Council
will hold a panel discussion with the following four individuals to discuss current trends and best
practices regarding policing in Colorado and nationwide:
• Vinnie Cervantes: https://conflictcenter.org/impact-stories/vinnie-cervantes/
• Paul Taylor: https://nursing.cuanschutz.edu/patient-care/campus-health-
center/profile/paul-taylor-ucd166847
Page 5 of 139
• Rudy Gonzales: https://www.5280.com/2016/03/local-latino-leader-receives-white-
house-award/
• George Brauchler: https://www.da18.org/home/district-attorney/.
ATTACHMENTS:
Community Report on Policing Practices
Page 6 of 139
COMMUNITY REPORT
Englewood Police Practices
2020
Page 7 of 139
COMMUNITY REPORT
Englewood Police Practices
2020
TABLE OF CONTENTS
04
05-06
07
08-17
18-23
24-27
28-29
Report Context
Origins of the Topics
Staffing & School Resource
Policing Policy
Alternative Policing
Review Committees
Projects Underway
Page 8 of 139
REPORT CONTEXT
America was rightly shaken by the brutal death of George Floyd in Minneapolis in June. The video of
Mr. Floyd’s last moments illustrates the systemic racism that pervades many corners of our society
and the tremendous challenges that Black Americans face on a regular basis. As Mayor Linda Olson
noted in her letter to the community on June 5, 2020, “It is not enough to stand idly by and simply
condemn the inhumane practice that led to the death of a fellow human. As a community and a
nation, we must acknowledge the pervasive overt and covert racism and work together for change.”
Officers in various US cities have been involved in shootings of men and women of color that are not
only questionable but deemed criminal. Calls for justice and equality have led to demonstrations
and protests in Denver and other cities across the nation. Racism and bias by law enforcement have
led to suggestions that police departments should be defunded, and this period of time presents an
opportunity for Police Departments and City leaders to come together to ensure policing is conducted
equitably, compassionately and with integrity.
While the Englewood Police Department takes pride in the services provided to our community, we
need to look inward rather than dwell on the intense criticism and in some cases contempt currently
directed at police everywhere. Society is demanding that law enforcement adopt policies that
protect our communities from undue excessive force and discriminatory practices. The Englewood
Police Department has addressed many of these concerns in the document that follows.
ORIGINS OF THE TOPICS COVERED IN THIS REPORT
On June 5, Englewood Mayor Linda Olson and Police Chief John Collins issued a joint statement about
the death of George Floyd. In that statement, Mayor Olson committed to the following:
During the June 10 City Council meeting, Councilmembers affirmed the four steps outlined above.
They also asked that Englewood Police address the concerns identified in the 8 Cant Wait campaign
and the article, Protests against racism and police brutality are changing policy in Denver, published
in the online publication, Denverite.
Engage the community by
including a diverse range of input,
experiences, and stories in the review.
Report the findings of the
review to the community and
seek feedback within 90 days.
Reform police use of force
based on findings.
Review the police use of force
policies.1
3 4
2
4 5COMMUNITY REPORT - 2020 COMMUNITY REPORT - 2020
Page 9 of 139
STAFFING & SCHOOL RESOURCE OFFICER PROGRAM
The Englewood Police Department is staffed with 78 sworn police officers and 33 non-sworn
employees. There are a number of specialized programs that serve the community such as the Impact
Team (a problem-solving unit), Zone Policing and the School Resource Officer (SRO), to name a few.
For many years, the Police Department has provided one School Resource Officer to the Englewood
Public Schools and that has always been a very rewarding program for both entities. Englewood
Public Schools Superintendent, Dr. Wendy Rubin, has recently offered her confidence in the School
Resource Officer Program and that it will remain in the schools to continue this strong partnership.
Report Outline
Based on the joint statements of Englewood’s Mayor and Police Chief, the 8 Can’t Wait Campaign
and the Denverite article summarizing recent request for police reform, , the Englewood Police
Department has compiled information and policies regarding the following topics which are
addressed in this report:
STAFFING & SCHOOL RESOURCE OFFICER PROGRAM
POLICING POLICIES
• Use of chokeholds and strangleholds
• Reporting regarding for use of force/threats of use of force
• Use of chemical projectiles and other crowd control methods
• De-escalation practices
• Warnings before discharging firearm
• Requirements for officers to stop or attempt to stop another officer when
force is being inappropriately applied or is no longer required
• Shooting at a moving vehicle
• Use of force continuum
• Fleeing felon
ALTERNATE POLICING AND CRIME PREVENTION EFFORTS
• Co-Responders
• Impact Team
• Restorative Justice
• Homeless Service Provision
REVIEW COMMITTEE(S)
• EIRC Review Board--Employee Incident Recognition Committee
UPDATE TO PROJECTS UNDERWAY
• Body cameras (brief update on progress toward implementation)Staffing & School Resource6 7COMMUNITY REPORT - 2020 COMMUNITY REPORT - 2020
Page 10 of 139
Reporting Regarding the Use of Force/Threats of Use of Force
Use of Choke Holds
The Englewood Police Department’s policy bans the use of chokeholds and strangleholds. Use of
Force Policy # 300.3.4 states that the carotid control hold not an approved compliance technique.
Unless deadly force is justified, a member shall not apply pressure to a person’s neck that is sufficient
to make breathing difficult or impossible, including, but not limited to, any pressure to the throat or
windpipe that may prevent or hinder breathing or reduce intake of air (chokehold), CRS 18-1-707.
Englewood Police Officers are required to document each time there is use of force, or show of force. Use of
Force Policy # 300.5 requires officers to promptly, completely and accurately document force used. The officer
must articulate why they believed the force was reasonable under the circumstances. Injuries sustained be-
cause of force used must be documented as well.
Accordingly, anytime force is used or a show of force is utilized to compel an arrest, an officer must
document justification for said force. This process is completed on internal software that is promptly
reviewed by the on-duty supervisor, and then forwarded to the Patrol Commander. Once the Patrol
Commander reviews the use of force, it is forwarded to the Chief of Police and later reviewed by the
Englewood Incident Review Committee, which is made up of the following personnel:
In addition to internal reporting, police agencies are mandated to annually report to the Colorado
Bureau of Investigation any use of force that results in serious bodily injury or death.
Patrol Commander
Special Operations Commander who also serves as a Subject Matter Expert (SME) in Use of Force.
Officers in the Organization
Human Resources Director
Assistant City Attorney
The Police Department is guided by Lexipol Policy and Procedure. Lexipol policy addresses
issues and operational areas that are specific to public safety and law enforcement agencies.
Lexipol updates policy on a regular basis, providing comprehensive policy’s supported
by public sector attorneys, practitioners, and subject matter experts. Lexipol provides
continuously updated, legally vetted policy implementation. These policies are based on
nationwide standards and best practices, while also incorporating state and federal laws
when appropriate.
POLICING POLICIESPolicing Policies8 9COMMUNITY REPORT - 2020 COMMUNITY REPORT - 2020
Page 11 of 139
Use of Chemical Projectiles and Other Crowd Control Measures
The policy’s that are specific to this question are Policy 445 – First Amendment Assemblies and Policy 303 –
Control Devices and Techniques.
• In the case of an unlawful assembly, the incident commander should generally authorize monitoring
of the event with no intervention if the demonstration remains peaceful and non-violent and there is
no reasonably imminent threat to persons or property.
• Should the incident commander determine that public safety is presently or is about to be jeopardized,
he/she should attempt to verbally persuade event organizers or participants to disperse.
• If those attempts are unsuccessful, then clear standardized announcements to the gathering should
be made, stating that the event has become an unlawful assembly, and should order the dispersal of
the participants. These orders should be clear, concise, amplified and made from multiple locations.
The announcement should also contain information on what law enforcement actions will take
place if illegal behavior continues. It should also identify routes for participants egress. A reasonable
amount of time to disperse should be allowed following the dispersal order.
• Only members of the department who are trained in the use of these devices may deploy them. In
the case of “tear gas” only members of the S.W.A.T. team can deploy these devices. “Tear gas” gas
may be used for crowd control, crowd dispersal, or against a barricaded suspect(s) based on the
circumstances. Only the patrol supervisor, Incident Commander, or Crisis Response Unit Commander
may authorize the delivery and use of CS gas, and only after evaluating all conditions known at the
time and determining that such force reasonably appears justified and necessary.
• Prior to any use of force based on a determination that public safety is presently or about to be
jeopardized the police should attempt to verbally persuade event organizers or participants to disperse
of their own accord. In the event that is unsuccessful the police should make clear announcements
that the event has become an unlawful assembly. The announcement should also provide information
about what law enforcement actions will take place if the illegal behavior continues. A reasonable
time to disperse should be allowed following those orders.
• If the individuals refuse to comply with lawful orders the officers should evaluate the type of resistance
and adopt a reasonable response to accomplish the dispersal or arrest of those acting in violation of
the law.
• Control devices should only be considered when the participant’s conduct reasonably appears to
present the potential to harm officers, themselves or others, or will result in substantial property loss
or damage.
• Force or control devices, including O.C. (pepper) spray should be directed towards individuals and not
toward groups or crowds, unless specific individuals cannot be reasonably targeted due to extreme
circumstances, such as a riotous crowd.
De-escalation Practices
The Colorado Peace Officers Training & Standards Board mandates the training and implementation of
de-escalation. C.R.S. 24-31-315 mandates de-escalation training for all POST certified peace officers.
This requirement went into effect on July 1, 2017 and is mandated every 5-years.
• The Englewood Police Department provides annual in-service training in arrest control and defensive-
tactics training. Our curriculum provides training in de-escalation on an annual basis, in which many
techniques to include proper holds & restraints are covered.
• During annual in-service training, scenario-based training is a key component to incorporating
de-escalation training into reality-based scenarios.
• De-escalation training is not only incorporated into annual training, but done so on all levels from
hands-on techniques to reality-based training that includes potential deadly-force scenarios.
Any control devices, i.e. “tear gas” or chemical projectiles, should be considered only when the
participants’ conduct reasonably appears to present the potential to harm officers, themselves or
others, or will result in substantial property loss or damage. These control devices should be directed
towards individuals and not towards groups or crowds, unless specific individuals cannot reasonably
to targeted due to extreme circumstances, such as a riotous crowd.
The use of Oleoresin Capsicum (O.C. or pepper spray) may be considered for use to bring under control
an individual or groups of individuals who are engaging in, or are about to engage in violent behavior.
Pepper projectiles and O.C. spray should not, however, be used against individuals or groups who merely
fail to disperse or do not reasonably appear to present a risk to the safety of officers or to the public.Policing Policies10 11COMMUNITY REPORT - 2020 COMMUNITY REPORT - 2020
Page 12 of 139
Warnings Before Discharging A Firearm
The Englewood Police Department will issue a warning prior to any application of force if feasible.
Based on an individual’s behavior, such as active resistance, and/or active aggression towards a
police officer, warnings prior to the application of force may not be feasible. The department provides
mandatory annual use of force training, a part of which includes the use of verbal commands prior
to and during a use of force incident. Officers, as a matter of practice and when feasible provide
continuous commands to an individual subjected to a use of force to stop resisting, stop fighting
and obey commands. Any application of force is ceased when compliance is gained and/or resistive
behavior is discontinued.
Below is the Englewood Police Department policy regarding warnings before discharging a firearm.
Requirements for officers to stop or attempt to stop another officer
when force is being inappropriately applied or is no longer required.
The Englewood police officers are required to intercede if they observe another officer apply
inappropriate or excessive force. They are further required to report any such actions to their supervisor.
Below is the Englewood Police Department policy requiring an officer to intercede if they observe
inappropriate or excessive force.
300.2.1 DUTY TO INTERCEDE
Any officer present and observing another officer using force that is clearly beyond that which
is objectively reasonable under the circumstances shall, when in a position to do so, intercede
to prevent the use of unreasonable force. An officer who observes another employee use force
that exceeds the degree of force permitted by law should promptly report these observations
to a supervisor.
300.2.2 REPORTING
An officer who witnesses another peace officer using force in excess of that permitted pursuant
to CRS § 18-8-802 must report such use of force to a supervisor. Subsequent written notification
shall be within 10 days of the occurrence and include the date, time and place of the occurrence,
the identity, if known, and description of the participants, and a description of the events and
the force used (CRS § 18-8-802(1)(b).
Shooting at a Moving Vehicle
The Englewood Police Department does have a policy regarding shooting at moving vehicles. Use of
Force Policy # 300.4.1 states that shots fired at or from moving vehicles are rarely effective. Officers
should move out of the path of an approaching vehicle rather than discharging their firearm at the
vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its
occupants when the officer reasonably believes there are no other reasonable means available to avert
the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others. Policing Policies300.4 DEADLY FORCE APPLICATIONS
Use of deadly force is justified in the following circumstances:
Under such circumstances, a verbal warning should precede the use of deadly force, where
feasible. Imminent does not mean immediate or instantaneous. An imminent danger may exist
even if the suspect is not at that very moment pointing a weapon at someone. For example, an
imminent danger may exist if an officer reasonably believes any of the following:
The person is capable of causing serious bodily
injury or death without a weapon and it is
reasonable to believe the person intends to do so.
The person has a weapon or is attempting to access
one and it is reasonable to believe the person
intends to use it against the officer or another.
The person is capable of causing serious bodily
injury or death without a weapon and it is
reasonable to believe the person intends to do so.
The person is capable of causing serious bodily injury or death without
a weapon and it is reasonable to believe the person intends to do so.
The person has a weapon or is attempting to access one and it is reasonable
to believe the person intends to use it against the officer or another.
The person is capable of causing serious bodily
injury or death without a weapon and it is
reasonable to believe the person intends to do so.
The person has a weapon or is attempting to access
one and it is reasonable to believe the person
intends to use it against the officer or another.
The person is capable of causing serious bodily
injury or death without a weapon and it is
reasonable to believe the person intends to do so.
An officer may use deadly force to protect him/herself or others from
what he/she reasonably believes would be an imminent threat of death
or serious bodily injury.
An officer may use deadly force to stop a fleeing subject when the officer
has probable cause to believe that the person has committed, or intends
to commit, a felony involving the infliction or threatened infliction of
serious bodily injury or death, and the officer reasonably believes that
there is an imminent risk of serious bodily injury or death to any other
person if the subject is not immediately apprehended.
B
A
1
2
12 13COMMUNITY REPORT - 2020 COMMUNITY REPORT - 2020
Page 13 of 139
Use of Force Continuum
Use of continuums have many levels, and can rise and fall indicative of a person’s actions or behaviors.
Accordingly, an officer may move from one part of the continuum to another in a matter of seconds (National
Institute of Justice, 2009).
There are a multitude of factors to consider when determining the reasonableness of force. Everything from
officer presence to deadly force is covered in annual trainings regarding arrest control, defensive tactics, Taser,
less-lethal, firearms, etc. Force must be reasonable and judged from the perspective of a reasonable officer on
the scene at the time of a specific incident. Moreover, officers are often forced to make split second decisions
regarding force that appears reasonably necessary in a particular situation. This occurs many times with
limited information while involved in circumstances that are tense, uncertain and rapidly evolving. Policing Policies300.3 USE OF FORCE
Englewood Police Department’s Use of Force Policy, 300.3 states that Officers shall use only
that amount of force that reasonably appears necessary given the facts and circumstances
perceived by the officer at the time of the event to accomplish a legitimate law enforcement
purpose. The reasonableness of force will be judged from the perspective of a reasonable
officer on the scene at the time of the incident. Any evaluation of reasonableness must allow
for the fact that officers are often forced to make split-second decisions about the amount
of force that reasonably appears necessary in a particular situation, with limited information
and in circumstances that are tense, uncertain and rapidly evolving. Given that no policy can
realistically predict every possible situation an officer might encounter, officers are entrusted
to use well-reasoned discretion in determining the appropriate use of force in each incident.
It is also recognized that circumstances may arise in which officers reasonably believe that it
would be impractical or ineffective to use any of the tools, weapons or methods provided by
the Department. Officers may find it more effective or reasonable to improvise their response
to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any
improvised device or method must nonetheless be reasonable and utilized only to the degree
that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While
the ultimate objective of every law enforcement encounter is to avoid or minimize injury,
nothing in this policy requires an officer to retreat or be exposed to possible physical injury
before applying reasonable force.
When determining whether to apply force and evaluating whether an officer has used reasonable
force, a number of factors should be taken into consideration, as time and circumstances
permit. These factors include, but are not limited to:
A B C
D E F
J K L
M N O
G H I
The apparent
need for immediate
control of the
subject or a
prompt resolution
of the situation.
Whether
the conduct of
the individual being
confronted no longer
reasonably appears
to pose an imminent
threat to the officer
or others.
Prior
contacts with
the subject or
awareness of any
propensity for
violence.
• Any other exigent
circumstances.
The effects of drugs
or alcohol.
Subject’s mental
state or capacity.
Proximity of
weapons
or dangerous
improvised devices.
The degree
to which the subject
has been effectively
restrained and his/her
ability to resist despite
being restrained.
The availability
of other options
and their possible
effectiveness.
• Seriousness of the
suspected offense or
reason for contact with
the individual.
Training and
experience of
the officer.
Potential for injury to
officers, suspects
and others.
Whether the
person appears
to be resisting,
attempting to evade
arrest by flight
or is attacking
the officer.
The risk and
reasonably
foreseeable
consequences
of escape.
Immediacy and
severity of the threat
to officers or others.
The conduct
of the individual
being confronted,
as reasonably
perceived by the
officer at the time.
Officer/subject
factors (age, size,
relative strength,
skill level, injuries
sustained, level of
exhaustion or fatigue,
the number of officers
available vs. subjects).
14 15COMMUNITY REPORT - 2020 COMMUNITY REPORT - 2020
Page 14 of 139
Fleeing Felon
The Englewood Police Department does not employ deadly force tactics on an individual fleeing who
has only committed a felony crime. An officer may only use deadly force on a fleeing felon if they
reasonably believe there is an imminent risk of serious bodily injury or death to any person if the
subject is not immediately apprehended.
A review of this policy is in place to ensure that it is in compliance with Senate Bill 20-217 which
allows an officer to use deadly force to make an arrest only when all other means of apprehension are
unreasonable given the circumstances and:
The person has
a weapon or is
attempting to
access one and it is
reasonable to believe
the person intends
to use it against the
officer or another.
Below is the Englewood Police Department policy on the use of deadly force to stop
The person is
capable of causing
serious bodily
injury or death
without a weapon
and it is reasonable
to believe the
person intends
to do so.
300.4 DEADLY FORCE APPLICATIONS
Use of deadly force is justified in the following circumstances:
Under such circumstances, a verbal warning should precede the use of deadly force, where
feasible. Imminent does not mean immediate or instantaneous. An imminent danger may exist
even if the suspect is not at that very moment pointing a weapon at someone. For example, an
imminent danger may exist if an officer reasonably believes any of the following:
The person is capable of causing serious bodily
injury or death without a weapon and it is
reasonable to believe the person intends to do so.
The person has a weapon or is attempting to access
one and it is reasonable to believe the person
intends to use it against the officer or another.
The person is capable of causing serious bodily
injury or death without a weapon and it is
reasonable to believe the person intends to do so.
An officer may use deadly force to protect him/herself or others from
what he/she reasonably believes would be an imminent threat of death
or serious bodily injury.
An officer may use deadly force to stop a fleeing subject when the officer
has probable cause to believe that the person has committed, or intends
to commit, a felony involving the infliction or threatened infliction of
serious bodily injury or death, and the officer reasonably believes that
there is an imminent risk of serious bodily injury or death to any other
person if the subject is not immediately apprehended.
The arrest is for a felony
involving conduct
including the use or
threatened use of deadly
physical force.
The subject
poses an immediate
threat to a peace
officer or another
person
The force employed
does not create a
substantial risk of
injury to others
a b c B
A
1 2Policing Policies16 17COMMUNITY REPORT - 2020 COMMUNITY REPORT - 2020
Page 15 of 139
ALTERNATIVE POLICING& CRIME PREVENTION EFFORTS
Over the last two years, the Englewood Police Department has partnered with AllHealth in the
development of a Co-Responder Program. This program offers immediate treatment to our
Englewood community who may be suffering with a mental health crisis. AllHealth Network is a 501(3)
c not-for-profit provider of mental health and substance use services. AllHealth’s connection with
law enforcement is thriving, as is their reputation as a high-quality, high-reliability, compassionate
service provider in Arapahoe and Douglas Counties. AllHealth offers a continuum of care that includes
traditional counseling, intensive outpatient programs for individuals dealing with co-occurring
substance use and mental health disorders, as well as community support services such as assertive
community treatment, psychosocial rehabilitation, case management, and care navigation. AllHealth
has a 16-bed acute treatment unit and a 15-bed crisis stabilization unit. AllHealth has a walk-in center,
accepts all clients regardless of ability to pay, and is open 24 hours a day, 365 days a year.
The Co-Responder Program (CRP) at AllHealth Network works with law enforcement to
identify individuals who need connection to mental health and substance use services. Police
departments can send referrals after a call when a Co-Responder is not available. CRP works to
engage individuals to treat them in place and connect them to resources, help to divert them
from emergency rooms and jails and allow law enforcement to return to service more quickly.
This program prevents unnecessary incarceration and/or hospitalizations of individuals, provides
alternate care in the least restrictive environment through a coordinated, system wide approach,
and prevents duplication of services. All of these preventative measures provide a cost savings to
the community.
Co-Responder Program
Secondary Response
An AllHealth Network employee who is a licensed clinician (i.e. LMFT, LCSW, or LPC) and is primarily
office based provides assistance when requested by law enforcement to help with responding after
a call involving mental health and/or substance abuse issues. Staff also provide clinical service and
intervention follow up for clients who have been referred for post intervention services. The volume of
secondary response follow-up is dependent on the number of referrals sent by each law enforcement
department.
CARE NAVIGATION
A Care Navigator is an AllHealth Network employee who is bachelor level and is primarily
office based. Care navigators also provide follow up for clients who have been referred for
post intervention services. Identifying and linking individuals to resources is a key function of
this role. These services will reduce high utilizer calls, get individuals connected to the right
services, and provides crucial follow up after a crisis occurs.
CLINICAL & ADMINISTRATIVE OVERSIGHT
A clinical leader is available to oversee program operations, partner relationship management,
and to provide clinical supervision to all staff connected to CRP. Leadership on call is available
24 hours a day, 7 days a week as needed. All employee benefits, training, and insurance
coverage are covered by AllHealth Network.
It is estimated the cost savings to the community will be approximately $350,000 per year when
using the AllHealth Network CRP team. Some of the ways that a co-responder program saves costs
include reduced transports by EMS/Fire and law enforcement, reduced cautionary admissions to an
emergency department, and reduced calls from high utilizers due to service connection with mental
health and substance use resources. Alternative Policing18 19COMMUNITY REPORT - 2020 COMMUNITY REPORT - 2020
Page 16 of 139
Impact Team
The Englewood Police Impact Team serves multiple functions within the police department and city
of Englewood. Below is partial list of duties, responsibilities and areas of expertise:
• Impact is the forward-facing public relations unit for the police department and as such
participates in community events, conducts community education programs and interacts
with businesses and organization providing services in the city of Englewood
• Impact serves as the nuisance abatement enforcement in the city for Asian Massage Parlors,
Marijuana grows/sales, nuisance properties and camps with unhoused populations
• Impact works with Tri-County Health and the Chief Building Official in Englewood to track and
remediate methamphetamine contaminated properties
• Impact serves as the “Homeless Response Team” for the city and as such works with co-
responders and other organizations to resource people who are unhoused
• Impact works with co-responders doing outreach to unhoused and chronically mentally ill
individuals
• Impact conducts bike patrols in the downtown area, Englewood Parkway corridor, at high
crime locations and at special events
• Impact responds to multiple council requests and request for service from the city manager’s office
• Impact participates in a variety of groups addressing unhoused populations including Tri-Cities,
Change the Trend and Commissioner Nancy Jackson’s work group addressing homelessness in
Arapahoe County
• Impact conducts traffic stops for Arapahoe County Narcotics Team investigations and as such
have expertise in conducting such stops
• Impact manages a caseload and addresses high crime, high call for service and problem locations
• Impact provides training for other officers and city employees in a number of areas including
Standard Response Protocol
• Impact supplements Patrol on emergency calls for service, during critical staffing shortages
and during critical incidents backfills as needed
• Impact conducts routine and bicycle patrol in parks
• When fully staffed Impact will provide staffing and response six days a week
• Impact provides security for Council meetings
• Impact develops expertise in areas such as the unhoused and at-risk populations and updates
Council and other groups of trends and issues
• Impact actively participates in the Nuisance Abatement group
• Impact works the Fire Marshal’s office on high risk inspection
• Impact works with other city departments and conducts yearly inspections on motels in the city
Restorative Justice
In early 2020, the Englewood Police Department, Municipal Court, and the City Manager’s Office, in
coordination with Mayor Linda Olson, embarked on an effort to develop and implement a Restorative
Justice Program. The group received a great deal of support from Englewood Public Schools
Superintendent, Wendy Rubin and the City of Longmont. Below is a description of this program.
PRINCIPLES OF RESTORATIVE JUSTICE
The following is taken from an article written by Howard Zehr and Henry Mika,”
Fundamental Concepts in Restorative Justice”,
I. Crime is Fundamentally a Violation of People and Interpersonal Relationships.
• Victims and the community have been harmed and are in need of restoration.
• Victims, offenders and the affected communities are the key stakeholders in justice.
II. Violations Create Obligations and Liabilities.
• Offender’s obligations are to make things right as much as possible.
• The community’s obligations are to victims and to offenders and for the general welfare of its
members.
III. Restorative Justice Seeks to Heal and Put Right the Wrongs.
• The needs of victims for information, validation, vindication, restitution, testimony, safety and
support are the starting points for justice.
• The process of justice maximizes opportunities for exchange of information, participation,
dialogue and mutual consent between victim and offender.
• Offender’s needs and competencies are addressed.
• The justice process belongs in the community.
• Justice is mindful of the outcomes, intended and unintended, of its responses to crime and
victimization.Alternative Policing20 21COMMUNITY REPORT - 2020 COMMUNITY REPORT - 2020
Page 17 of 139
Victim/
Offender
Mediation or
Dialogue
Conferencing Peacemaking
Circles
Victim
Assistance and
Involvement
A B C D
Former
Prisoner
Assistance and
Involvement
Reduction of
DMI (Disparate
Minority
Incarceration)
Real
Restitution
Community
Service
E
E HGF
Additionally, the following “signposts” are indications that we are moving towards
restorative practices:
• Focus on harms of wrongdoing more than the rules that have been broken;
• Show equal concern and commitment to victims and offenders, involving both in the process
of justice;
• Work towards the restoration of victims; empowering them and responding to their needs as
they see them;
• Support offenders while encouraging them to understand, accept and carry out their
obligations;
• Recognize that while obligations may be difficult for offenders, they should not be intended as
harms and they must be achievable;
• Provide opportunities for dialogue, direct or indirect, between victims and offenders as
appropriate;
• Involve and empower the affected community through the justice process, and increase its
capacity to recognize and respond to community bases of crime;
• Encourage collaboration and reintegration rather than coercion and isolation;
• Give attention to the unintended consequences of our actions and programs;
• Show respect to all parties, including victims, offenders and justice colleagues.
Additionally, some Restorative Justice Programs include (source CW):
Homeless Service Provision
Englewood police officers rely on co-responders and partner agencies to address issues and
needs in the unhoused community:
• Embedded co-responders respond to calls for service involving unhoused individuals providing
resources and referrals
• Co-responders and case managers from All Health follow-up on referrals from officers
• Co-responders identify co-occurring disorders and attempt to place unhoused individuals in
program and treatment facilities when indicated
• Impact Officers interact with unhoused individuals and identify needs as well as patterns of
gathering/sheltering
• Impact Sergeant has an active presence with Change the Trend (CTT) and partner organizations
of CTT, which includes over 20 organizations
• Impact Sergeant actively participates with Arapahoe County level meetings involving
unhoused individuals and is working towards connecting county level efforts with CTT
• Impact Team interacts with other agencies on issues involving the unhoused
• Impact Team attends other training and meetings associated with unhoused individuals
• Impact Sergeant maintains a resource list for at risk individuals in the community, including
the unhoused
• Impact Sergeant attends Tri-Cities meetings and provides input as requested
• Impact Sergeant attends Council meetings as requested and provides information related to
efforts related to the unhoused in the communityAlternative Policing22 23COMMUNITY REPORT - 2020 COMMUNITY REPORT - 2020
Page 18 of 139
The Employee Incident Recognition Committee convenes on a regular basis and reviews all incidents
forwarded from the Chief of Police. The body of the committee consists of:
The committee will determine if the use of force was applied in compliance with department policy
as well as state and federal statute. Training needs are identified and recommended to the training
officer. In instances where the actions of an officer appear to be outside of policy the committee will
recommend, to the Chief of Police, corrective action, training and/or discipline, based on the totality
of circumstances and the degree of any potential policy violation in accordance with the departments
Code of Conduct. Additionally, the Professional Standards Bureau will conduct a separate internal
investigation if an allegation of inappropriate or excessive force has been made.
After review by the EIRC, all recommendations are forwarded to the Chief of Police for final disposition.
Representatives of the Englewood Police Benefit Association
Member of Command Group
Training Officer
City Human Resources Director
Assistant City Attorney
A Peer Officer
REVIEW COMMITTEES
The Englewood Police Department reviews every incident involving any application of force, not
only those that result in injury or death. Additionally, vehicle pursuits, employee injuries, motor
vehicle accidents involving city vehicles (police vehicles), and damage to department and/or city
property are reviewed as well.
When an officer is involved in activity that results in a use of force a written report is completed and
forwarded to the officer’s supervisor for review. The supervisor will take immediate action if any
application of force was unnecessary or unreasonable up to and including, relieving an officer of
duty and ordering them to report to the Division Commander immediately. Additionally, a supervisor
may provide immediate training to an officer whose application of force was not unreasonable or
unnecessary but could have been employed in a more effective manner or results obtained by other
means. After a use of force is reviewed by the supervisor it is forwarded to the Division Commander
for further review. The Division Commander will make recommendations and forward the incident
to the Chief of Police, who again will review the incident and forward to the EIRC.
EIRC Review Board--Employee Incident Recognition CommitteeReview Committees24 25COMMUNITY REPORT - 2020 COMMUNITY REPORT - 2020
Page 19 of 139
Representatives of the Englewood Police Benefit Association
Member of Command Group
Training Officer
City Human Resources Director
A Peer Officer
USE OF FORCE REVIEW BOARDS 301.1
Purpose and Scope
This policy establishes a process for the Englewood Police Department to review the use of force
by its employees. This review process shall be in addition to any other review or investigation
that may be conducted by any outside or multi-agency entity having jurisdiction over the
investigation or evaluation of the use of deadly force.
301.2 POLICY
The Englewood Police Department will objectively evaluate the use of force by its members to
ensure that their authority is used lawfully, appropriately and is consistent with training and policy.
301.3 REMOVAL FROM LINE DUTY ASSIGNMENT
Generally, whenever an employee’s actions or use of force in an official capacity, or while using
department equipment, results in death or very serious injury to another, that employee will be
placed in a temporary administrative assignment pending an administrative review. The Chief
of Police may exercise discretion and choose not to place an employee in an administrative
assignment in any case.
301.4 EMPLOYEE INCIDENT AND RECOGNITION COMMITTEE (EIRC)
The Employee Incident and Recognition Committee (EIRC) will be convened regularly to review
the use of force by a member of the department, injuries to employees, damage to property,
and motor vehicle accidents. The EIRC will also review and make recommendations as to
commendations recognizing employee actions. The Patrol Division Commander will convene
the EIRC as necessary.
301.4.1 COMPOSITION OF THE EMPLOYEE INCIDENT AND
RECOGNITION COMMITTEE
The Patrol Division Commander will chair the Employee Incident and Recognition Committee
and select members of the committee from the following, as appropriate:
301.4.2 RESPONSIBILITIES OF THE ENGLEWOOD INCIDENT AND
RECOGNITION COMMITTEE
The EIRC is empowered to conduct an administrative review and inquiry into the circumstances of
an incident. The EIRC members may request further investigation, request reports be submitted
for the board’s review, call persons to present information and request the involved employee
to appear. The involved employee will be notified of the meeting of the board and may choose
to have a representative through all phases of the review process. The EIRC does not have the
authority to recommend discipline. The Chief of Police will determine whether the EIRC should
delay its review until after completion of any criminal investigation, review by any prosecutorial
body, filing of criminal charges, the decision not to file criminal charges, or any other action.
The board should be provided all relevant available material from these proceedings for its
consideration. The review shall be based upon those facts which were reasonably believed or
known by the officer at the time of the incident, applying any legal requirements, department
policies, procedures and approved training to those facts. Facts later discovered but unknown
to the officer at the time shall neither justify nor call into question an officer’s decision regarding
the use of force. Any questioning of the involved employee conducted by the EIRC will be in
accordance with the department’s disciplinary procedures, the Personnel Complaints Policy,
the current collective bargaining agreement and any applicable state or federal law.
The EIRC shall make one of the following recommended findings:
A recommended finding requires a majority vote of the EIRC. The EIRC may also recommend
additional investigations or reviews, such as disciplinary investigations, training reviews to
consider whether training should be developed or revised, and policy reviews, as may be
appropriate.
The EIRC chairperson will submit the written recommendation to the Chief of Police. The
Chief of Police shall review the recommendation, make a final determination as to whether
the employee’s actions were within policy and procedure and will determine whether any
additional actions, investigations or reviews are appropriate.
The Chief of Police’s final findings will be forwarded to the involved employee’s Division
Commander for review and appropriate action. If the Chief of Police concludes that discipline
should be considered, a disciplinary process will be initiated. At the conclusion of any additional
reviews, copies of all relevant reports and information will be filed with the Chief of Police.
Below is the Englewood Police Department policy on Use of Force Review Boards.Review CommitteesThe person is capable of causing serious bodily
injury or death without a weapon and it is
reasonable to believe the person intends to do so.
The person has a weapon or is attempting to
access one and it is reasonable to believe the
person intends to use it against the officer or
The person is capable of causing serious bodily
injury or death without a weapon and it is
reasonable to believe the person intends to do so.
The employee’s actions were within department policy and procedure.
•
The employee’s actions were in violation of department policy and procedure.
a
b
26 27COMMUNITY REPORT - 2020 COMMUNITY REPORT - 2020
Page 20 of 139
PROJECTS UNDERWAY
Recently, the Englewood City Council approved the Police Department to move forward with the
research, development and implementation of a Body Worn Camera (BWC) Program.
Below are some of the milestones already achieved:
• Vendors are already submitting their products to the Body Worn Camera Research Team so that
police officers may conduct TNE (Testing and Evaluation) of the products.
• Prior to testing the various products, the Research Team has developed an organizational policy
regarding the use of the cameras. During the testing process, any camera footage needs to be
submitted for evidence if necessary which is why a policy needs to be developed and vetted first. A
draft policy has been developed and will be presented to the City Attorney for review soon.
• The Research Team has identified the end of August 2020 as the time when the TNE will be
completed.
• Following the TNE THE Committee, in conjunction with the Finance Department, will submit an
RFP for the purchase of a BWC system.
Body Worn Camera Program
Public Health Initiatives for a Resilient Community
Adequately resourced emergency medical services for
emergency medical care and emergency response services
EMERGENCY MEDICAL SERVICE
How else to manage school violence/shootings
PUBLIC SCHOOL SAFETY SYSTEMS
PUBLIC LIBRARY SAFETY
& SUPPORT SYSTEMSProjects Underway28 29COMMUNITY REPORT - 2020 COMMUNITY REPORT - 2020
Page 21 of 139
CreativeCompany
CONTACT US
1000 Englewood Parkway
Englewood, CO 80110
303-762-2300
www.englewoodco.gov
Page 22 of 139
MINUTES
City Council Regular Meeting
Monday, June 15, 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 Power, Community Development
Director Harguth, Communications
Director Sobota, Finance and Administration
Redevelopment Manager Poremba, Community Development
Planning Manager Burkholder, Community Development
Digital Marketing & Content Specialist Magnuson, Communications
Revenue and Tax Audit Supervisor Driscoll, Finance
Network Administrator Hunnicutt, Information Technology
Police Chief Collins, Police Department
4 Study Session Topic
Page 1 of 8
Draft
Page 23 of 139
City Council Regular
June 15, 2020
a) Communications Director Chris Harguth updated City Council on the City
website.
b) Finance Director Maria Sobota presented the Procurement Policy and
Procurement Procedural Document.
5 Consideration of Minutes of Previous Session
a) Minutes of the Regular City Council Meeting of June 1, 2020.
Moved by Council Member Othoniel Sierra
Seconded by Council Member Joe Anderson
APPROVAL OF THE MINUTES OF THE SPECIAL/REGULAR CITY COUNCIL
MEETING OF JUNE 1, 2020.
For Against Abstained
Linda Olson x
Othoniel Sierra (Moved By) x
Joe Anderson (Seconded By) x
Dave Cuesta x
Rita Russell x
Cheryl Wink x
John Stone x
7 0 0
Motion CARRIED
6 Appointments, Communications, Proclamations, and Recognition
Discussion ensued regarding the order that the Appointment Resolutions should be
considered.
Council Member Wink moved and Council Member Anderson seconded to consider
items 6(b) and (c) before 6(a).
6 ayes 1 nay, the 1 nay being Council Member Russell.
a) Resolution appointing members to various boards, committees and
commissions.
[Clerks Note: This agenda item was considered after item 6(c).]
Moved by Council Member Wink seconded by Council Member Stone to
amend Resolution No. 21 appointing members to Boards, Commissions and
Committees to remove Francisco Martinez as an Alternate Member for Board
of Adjustment and Appeals and adding a friendly amendment appointing
Raphaelle Duche to Keep Englewood Beautiful Commission with a term date
of July 1, 2021.
Page 2 of 8
Draft
Page 24 of 139
City Council Regular
June 15, 2020
Moved by Council Member Cheryl Wink
Seconded by Council Member John Stone
RESOLUTION NO. 21, SERIES OF 2020
A RESOLUTION APPOINTING MEMBERS TO BOARDS, COMMISSIONS
AND COMMITTEES FOR THE CITY OF ENGLEWOOD.
For Against Abstained
Linda Olson x
Othoniel Sierra x
Joe Anderson x
Dave Cuesta x
Rita Russell x
Cheryl Wink (Moved By) x
John Stone (Seconded By) x
6 1 0
Motion CARRIED
b) Resolution appointing members to Sewer and Water Board
[Clerks Note: This agenda item was considered before 6(a).]
Motion to amend the Water and Sewer Board Resolution by adding Francisco
Martinez as a Regular Member and not adding Collin Haggerty.
Moved by Council Member Cheryl Wink
Seconded by Council Member John Stone
RESOLUTION NO. 19, SERIES OF 2020
A RESOLUTION APPOINTING MEMBERS TO THE WATER AND SEWER
BOARD FOR THE CITY OF ENGLEWOOD, COLORADO.
For Against Abstained
Linda Olson x
Othoniel Sierra x
Joe Anderson x
Dave Cuesta x
Rita Russell x
Cheryl Wink (Moved By) x
John Stone (Seconded By) x
5 2 0
Page 3 of 8
Draft
Page 25 of 139
City Council Regular
June 15, 2020
Motion CARRIED
c) Resolution appointing members to Planning and Zoning Commission
[Clerks Note: This agenda item was considered before 6(b).]
Motion to amend the Planning and Zoning Resolution by adding Collin
Haggerty as a Regular Member and Carl Adams as the Alternate.
Moved by Council Member Joe Anderson
Seconded by Council Member Cheryl Wink
RESOLUTION NO. 20, SERIES OF 2020
A RESOLUTION APPOINTING MEMBERS TO THE PLANNING AND
ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO.
For Against Abstained
Linda Olson x
Othoniel Sierra x
Joe Anderson (Moved By) x
Dave Cuesta x
Rita Russell x
Cheryl Wink (Seconded By) x
John Stone x
5 2 0
Motion CARRIED
7 Recognition of Scheduled Public Comment
There were no citizens signed up to speak for scheduled comment.
8 Recognition of Unscheduled Public Comment
a) Jessi Harris, an Englewood resident, addressed Council regarding police
practices.
b) Wesley Medford, an Englewood resident, addressed council regarding police
practices.
Council Member Wink 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).
Page 4 of 8
Draft
Page 26 of 139
City Council Regular
June 15, 2020
a) Approval of Ordinances on First Reading
There were no additional Ordinances on First Reading (See Agenda Items
11(a)(i-iii).)
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
Moved by Council Member Othoniel Sierra
Seconded by Council Member Cheryl Wink
ORDINANCE NO. 22, SERIES OF 2020 (COUNCIL BILL NO. 22,
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.
For Against Abstained
Linda Olson x
Othoniel Sierra (Moved By) x
Joe Anderson x
Dave Cuesta x
Rita Russell x
Cheryl Wink (Seconded By) x
John Stone x
7 0 0
Motion CARRIED
c) Resolutions and Motions
There were no additional Resolutions or Motions considered (See agenda
item 6 (a)(b) and (c).)
10 Public Hearing Items
No public hearing was scheduled before Council.
Page 5 of 8
Draft
Page 27 of 139
City Council Regular
June 15, 2020
11 Ordinances, Resolutions and Motions
a) Approval of Ordinances on First Reading
i) CB 23 - An ordinance to submit a ballot issue to electors regarding
Lodging Tax.
Motion to amend Council Bill No. 23 to include: The City of Englewood
taxes will be increased by $100,000 annually in the first fiscal year, and
by such amounts as are raised annually thereafter.
Moved by Council Member Joe Anderson
Seconded by Council Member John Stone
COUNCIL BILL NO. 23, INTRODUCED BY COUNCIL MEMBER
ANDERSON
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.
For Against Abstained
Linda Olson x
Othoniel Sierra x
Joe Anderson (Moved By) x
Dave Cuesta x
Rita Russell x
Cheryl Wink x
John Stone (Seconded By) x
7 0 0
Motion CARRIED
The meeting recessed at 8:02 p.m. for a break.
The meeting reconvened at 8:08 p.m. with all Council Members present.
ii) CB 24 - Intergovernmental Agreement - RTD and City of Englewood
Moved by Council Member Cheryl Wink
Seconded by Council Member John Stone
Page 6 of 8
Draft
Page 28 of 139
City Council Regular
June 15, 2020
COUNCIL BILL NO. 24, INTRODUCED BY COUNCIL MEMBER WINK
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.
For Against Abstained
Linda Olson x
Othoniel Sierra x
Joe Anderson x
Dave Cuesta x
Rita Russell x
Cheryl Wink (Moved By) x
John Stone (Seconded By) x
7 0 0
Motion CARRIED
iii) CB 25 - Concerning the Creation and Organization of the Englewood
Downtown Development Authority (DDA)
Motion to amend Council Bill No. 25 by setting public funding at
$80,000.000 and max repayment of $216,500.000.
Moved by Council Member Othoniel Sierra
Seconded by Council Member Cheryl Wink
COUNCIL BILL NO. 25, INTRODUCED BY COUNCIL MEMBER SIERRA
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.
For Against Abstained
Page 7 of 8
Draft
Page 29 of 139
City Council Regular
June 15, 2020
Linda Olson x
Othoniel Sierra (Moved By) x
Joe Anderson x
Dave Cuesta x
Rita Russell x
Cheryl Wink (Seconded By) x
John Stone x
5 2 0
Motion CARRIED
b) Approval of Ordinances on Second Reading
There were no additional Ordinances on Second Reading (See Agenda Items
11(b)(i).)
c) Resolutions and Motions
There were no additional Resolutions or Motions (See Agenda Items 6(a),(b)
and (c).)
12 Covid-19 Update
13 General Discussion
a) Mayor's Choice
b) Council Members' Choice
14 City Manager’s Report
a) City Council reviewed the Police Reform Initiative.
15 City Attorney’s Report
16 Adjournment
Roll call was taken to adjourn the meeting - Seven Ayes. The meeting adjourned at
10:34 p.m.
City Clerk
Page 8 of 8
Draft
Page 30 of 139
MINUTES
City Council Special Meeting
Tuesday, June 23, 2020
Teleconferenced 6:00 PM
COUNCIL PRESENT: Linda Olson
Dave Cuesta
Cheryl Wink
Othoniel Sierra
Rita Russell
John Stone
Joe Anderson
COUNCIL ABSENT:
STAFF PRESENT: Legislative Services Manager
Community Services Manager
Director of Public Works
1 Call to Order
The Special Meeting of the Englewood City Council was called to order by Mayor
Olson at 6:01 p.m. and held by teleconference.
2 Roll Call
COUNCIL PRESENT: Mayor Linda Olson
Mayor Pro Tem Othoniel Sierra
Council Member Joe Anderson
Council Member Dave Cuesta
Council Member Rita Russell
Council Member Cheryl Wink
Council Member John Stone
COUNCIL ABSENT: None
STAFF PRESENT: City Manager Lewis
City Attorney McKenney Brown
City Clerk Carlile
Human Resource Director Henger
Finance Director Sobota
Assistant City Attorney Dorotik
Network Administrator Hunnicutt
Page 1 of 3
Draft
Page 31 of 139
City Council Special
June 23, 2020
3 Review and Modify the City Council Policy on Virtual Meetings
Council reviewed Emergency Ordinance No. 10, Series of 2020. No modifications
were necessary.
4 Executive Session
a) Executive Session for the purpose of determining positions relative to matters
that may be subject to negotiations, developing strategy for negotiations,
and/or instructing negotiators, under C.R.S. Section 24-6402(4)(e);
b) Executive Session for a conference with the City attorney for the purpose of
receiving legal advice on specific legal questions under C.R.S. Section 24-6-
402(4)(b);
Moved by Council Member Linda Olson
Seconded by Council Member Cheryl Wink
MOTION TO MOVE INTO EXECUTIVE SESSIONS:
FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO
MATERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING
STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS,
UNDER C.R.S. SECTION 24-6-402 (4)(a).
AND
FOR A CONFERENCE WITH THE CITY ATTORNEY FOR THE PURPOSE
OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS UNDER
C.R.S. SECTION 24-6-402 (4) (b).
For Against Abstained
Linda Olson (Moved By) x
Dave Cuesta x
Laurett Barrentine
Cheryl Wink (Seconded By) x
Othoniel Sierra x
Rita Russell x
John Stone x
Joe Anderson x
7 0 0
Motion MOTION CARRIED.
The meeting recessed at 6:06 p.m. to go into Executive Session.
The Executive Sessions were held by teleconference.
Page 2 of 3
Draft
Page 32 of 139
City Council Special
June 23, 2020
The meeting reconvened at 7:35 p.m. with all Council Members present.
Mayor Olson recited the following statement:
For the record, if any person who participated in the executive session believes
that any substantial discussion of any matters not included in the motion to go
into the executive session occurred during the executive session, or that any
improper action occurred during the executive session in violation of the Open
Meetings Law, I would ask that you state your concerns for the record.
None stated
Moved by Council Member Joe Anderson
Seconded by Council Member Othoniel Sierra
TO CLOSE THE EXECUTIVE SESSION.
For Against Abstained
Linda Olson x
Dave Cuesta x
Cheryl Wink x
Othoniel Sierra (Seconded By) x
Rita Russell x
John Stone x
Joe Anderson (Moved By) x
7 0 0
Motion CARRIED.
5 Adjourn
Roll call was taken to adjourn the meeting - Seven Ayes. The meeting adjourned at
7:37 p.m.
City Clerk
Page 3 of 3
Draft
Page 33 of 139
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Maria Sobota
DEPARTMENT: Finance
DATE: July 6, 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 an ordinance to submit a ballot issue to
electors allowing the City to raise the sales tax upon lodging, i.e. "Lodgers' Tax".
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, 2020 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 34 of 139
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 $100,000 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 35 of 139
1
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 23
SERIES OF 2020 INTRODUCED BY COUNCIL
MEMBER ANDERSON
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
$100,000.00 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
ANY INVESTMENT EARNINGS THEREON BE COLLECTED AND
SPENT BY THE CITY AS A VOTER-APPROVED REVENUE
Page 36 of 139
2
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.
Read by Title and passed on final reading on the 6th day of July, 2020.
Published by Title in the City’s official newspaper as Ordinance No. ___, Series
of 2020, on the 9th day of July, 2020
Published by title on the City’s official website beginning on the 8th day of July,
2020 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of the Ordinance passed on final reading and published by
Title as Ordinance No. ___, Series of 2020.
Stephanie Carlile
Page 37 of 139
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 38 of 139
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 39 of 139
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Wade Burkholder
DEPARTMENT: Community Development
DATE: July 6, 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 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 40 of 139
ATTACHMENTS:
Council Bill #24
IGA for 2020 RTD Funding of Englewood Trolley
Page 41 of 139
1
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 24
SERIES OF 2020 INTRODUCED BY COUNCIL
MEMBER WINK
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.
Read by Title and passed on final reading on the 6th day of July, 2020.
Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2020,
on the 9th day of July, 2020
Published by title on the City’s official website beginning on the 8th day of July, 2020 for
thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Page 42 of 139
2
Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of the Ordinance passed on final reading and published by
Title as Ordinance No. ___, Series of 2020.
Page 43 of 139
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 44 of 139
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 45 of 139
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.
Page 46 of 139
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.
Page 47 of 139
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
Page 48 of 139
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
Page 49 of 139
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.
Page 50 of 139
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 51 of 139
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 52 of 139
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 53 of 139
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 54 of 139
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 55 of 139
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.
Page 56 of 139
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 57 of 139
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Steve Simon
DEPARTMENT: Utilities
DATE: July 6, 2020
SUBJECT:
Renew the Professional Services Agreement in an amount not to
exceed $300,000 with Martin and Wood Water Consultants Inc.
for engineering services supporting the City’s water resources
protection and future planning.
DESCRIPTION:
Renew the Professional Services Agreement in an amount not to exceed $300,000 with Martin
and Wood Water Consultants Inc. for engineering services supporting the City’s water
resources protection and future planning.
RECOMMENDATION:
Staff recommends City Council approve, by Motion, a Professional Services Agreement in an
amount not to exceed $300,000 with Martin and Wood Water Consultants Inc. for engineering
services supporting the City’s water resources protection and future planning.
PREVIOUS COUNCIL ACTION:
Council previously approved a Professional Services Agreement on May 6, 2019
SUMMARY:
Martin and Wood Water Consultants Inc. (MWWC) has provided engineering services to the
City since the early 1990’s, primarily for the support and protection of the City’s water
rights.Their water rights engineering expertise continues to support the City of Englewood,
helping the City as it resolves water rights conflicts and protects its valuable water rights
portfolio well into the future.
ANALYSIS:
MWWC’s primary responsibility under this Professional Services Agreement will be the
protection of the City’s water rights through engineering support of various water right initiatives
and the development of an optimized water supply portfolio through the development of a Raw
Water Master Plan. Successfully protecting existing water rights and planning for the future
involves specialized expertise and knowledge of the City’s water rights. This includes the
following associated activities:
• Engineering support for water court proceedings related to water supply development
and water supply protection
• Engineering or litigation assistance to City staff and legal counsel concerning future
applications to water court
• Engineering or litigation assistance to City staff and outside legal counsel in review of
pending water court applications filed by other parties
Page 58 of 139
• Develop operations accounting and related tasks specific to the City’s raw water
operations and revisions to these tasks as needed
• Perform feasibility studies, master plans, and associated engineering analysis for raw
water projects or raw water supplies including evaluation of future water supplies to
support findings and recommended projects contained in the City’s Water Master Plan
and other planning documents
• Support negotiations for potential future water supply acquisitions
FINANCIAL IMPLICATIONS:
Approved 2020 Budget in account 40-1601-54201, Source of Supply, Professional Services in
the amount of $300,000
ALTERNATIVES:
• Do not enter into a professional service agreement with MWWC and take on high risk of
not protecting City water right’s interest and jeopardizing water supply projects and
acquisitions now and into the future
• Advertise a Request for Proposal for engineering services supporting the City’s water
resources management. Staff believes that no other firm brings the historical
background concerning Englewood’s water rights portfolio and the necessary experience
and expertise to successfully protect the City’s water rights interests and plan for water
rights well into the future.
CONCLUSION:
Staff recommends City Council approval, by Motion, the execution of the Professional Services
Agreement with Martin and Wood Water Consultants Inc. in an amount not to exceed $300,000
as part of the City’s water resource management team.
ATTACHMENTS:
New PSA
Schedule A - Scope of Work
Contract Summary Sheet
Page 59 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
1
PSA # 20-37 Martin and Wood Water Consultants
PROFESSIONAL SERVICES AGREEMENT
Contract Number PSA/20-37
Water Court proceedings, water supply development, and water supply protection services
$300,000.00 (not to exceed)
This Professional Services Agreement (the “Agreement”) is made as of this _____ day of
____________, 20__, (the “Effective Date”) by and between Martin and Wood Water Consultants,
Inc., a Colorado corporation (“Consultant”), and The City of Englewood, Colorado, a municipal
corporation organized under the laws of the State of Colorado (“City”).
City desires that Consultant, from time to time, provide certain consulting services, systems
integration services, data conversion services, training services, and/or related services as described
herein, and Consultant desires to perform such services on behalf of City on the terms and conditions
set forth herein.
In consideration of the foregoing and the terms hereinafter set forth and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto,
intending to be legally bound, agree as follows:
1. Definitions. The terms set forth below
shall be defined as follows:
(a) “Intellectual Property Rights”
shall mean any and all (by whatever name or
term known or designated) tangible and
intangible and now known or hereafter existing
(1) rights associate with works of authorship
throughout the universe, including but not
limited to copyrights, moral rights, and mask-
works, (2) trademark and trade name rights
and similar rights, (3) trade secret rights, (4)
patents, designs, algorithms and other
industrial property rights, (5) all other
intellectual and industrial property rights (of
every kind and nature throughout the universe
and however designated) (including logos,
“rental” rights and rights to remuneration),
whether arising by operation of law, contract,
license, or otherwise, and (6) all registrations,
initial applications, renewals, extensions,
continuations, divisions or reissues hereof now
or hereafter in force (including any rights in any
of the foregoing).
(b) “Instruments of Service” shall
mean all patents, patent applications,
inventions, designs, mask works, processes,
methodologies, copyrights and copyrightable
works, trade secrets including confidential
information, data, designs, manuals, training
materials and documentation, formulas,
knowledge of manufacturing processes,
methods, prices, financial and accounting data,
products and product specifications and all
other Intellectual Property Rights created,
developed or prepared, documented and/or
delivered by Consultant, pursuant to the
provision of the Services.
2. Statements of Work. During the term
hereof and subject to the terms and conditions
contained herein, Consultant agrees to
provide, on an as requested basis, the
consulting services, systems integration
services, data conversion services, training
services, and related services (the “Services”)
as further described in Attachment A (the
“Statement of Work”) for City, and in such
Page 60 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
2
PSA # 20-37 Martin and Wood Water Consultants
additional Statements of Work as may be
executed by each of the parties hereto from
time to time pursuant to this Agreement. Each
Statement of Work shall specify the scope of
work, specifications, basis of compensation
and payment schedule, estimated length of
time required to complete each Statement of
Work, including the estimated start/finish
dates, and other relevant information and shall
incorporate all terms and conditions contained
in this Agreement
3. Performance of Services.
(a) Performance. Consultant shall
perform the Services necessary to complete all
projects outlined in a Statement of Work in a
timely and professional manner consistent with
the specifications, if any, set forth in the
Statement of Work, and in accordance with
industry standards. Consultant agrees to
exercise professionalism, and to utilize its
expertise and creative talents in completing the
projects outlined in a Statement of Work.
(b) Delays. The City agrees that the
that the Consultant is not responsible for
damages arising directly or indirectly from any
delays for causes beyond the Consultant's
control. Consultant agrees to notify City
promptly of any factor, occurrence, or event
coming to its attention that may affect
Consultant’s ability to meet the requirements of
the Agreement, or that is likely to occasion any
material delay in completion of the projects
contemplated by this Agreement or any
Statement of Work. Such notice shall be given
in the event of any loss or reassignment of key
employees, threat of strike, or major equipment
failure, severe weather disruptions or other
natural disasters or acts of God; fires, riots,
war or other emergencies; failure of any
government agency to act in timely manner;
failure of performance by the Client or the
Client's contractors or consultants; or discovery
of any hazardous substances or differing site
conditions. The City and Consultant are aware
that many factors outside the Consultant's
control may affect the Consultant's ability to
complete the services to be provided under
this Agreement. The Consultant will perform
these services with reasonable diligence and
expediency consistent with sound professional
practices.
(c) Discrepancies. If anything
necessary for the clear understanding of the
Services has been omitted from the Agreement
specifications or it appears that various
instructions are in conflict, Consultant shall
secure written instructions from City’s project
director before proceeding with the
performance of the Services affected by such
omissions or discrepancies.
4. Invoices and Payment. Unless
otherwise provided in a Statement of Work,
City shall pay the amounts agreed to in a
Statement of Work within thirty (30) days
following the acceptance by City of the work
called for in a Statement of Work by City.
Acceptance procedures shall be outlined in the
Statement of Work. If City disputes all or any
portion of an invoice for charges, then City
shall pay the undisputed portion of the invoice
by the due date and shall provide the following
notification with respect to the disputed portion
of the invoice. City shall notify Consultant as
soon as possible of the specific amount
disputed and shall provide reasonable detail as
to the basis for the dispute. The parties shall
then attempt to resolve the disputed portion of
such invoice as soon as possible. Upon
resolution of the disputed portion, City shall
pay to Consultant the resolved amount.
5. Taxes. City is not subject to
taxation. No federal or other taxes (excise,
luxury, transportation, sales, etc.) shall be
included in quoted prices. City shall not be
obligated to pay or reimburse Consultant for
any taxes attributable to the sale of any
Services which are imposed on or measured
by net or gross income, capital, net worth,
franchise, privilege, any other taxes, or
assessments, nor any of the foregoing
imposed on or payable by Consultant. Upon
written notification by City and subsequent
Page 61 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
3
PSA # 20-37 Martin and Wood Water Consultants
verification by Consultant, Consultant shall
reimburse or credit, as applicable, City in a
timely manner, for any and all taxes
erroneously paid by City. City shall provide
Consultant with, and Consultant shall accept in
good faith, resale, direct pay, or other
exemption certificates, as applicable.
6. Out of Pocket Expenses. Consultant
shall be reimbursed only for expenses which
are expressly provided for in a Statement of
Work or which have been approved in advance
in writing by City, provided Consultant has
furnished such documentation for authorized
expenses as City may reasonably request.
7. Audits. Consultant shall provide such
employees and independent auditors and
inspectors as City may designate with
reasonable access to all sites from which
Services are performed for the purposes of
performing audits or inspections of
Consultant’s operations and compliance with
this Agreement. Consultant shall provide such
auditors and inspectors any reasonable
assistance that they may require. Such audits
shall be conducted in such a way so that the
Services or services to any other customer of
Consultant are not impacted adversely.
8. Term and Termination. The term of
this Agreement shall commence on the date
when both parties have signed the Agreement,
and shall continue for one year, unless this
Agreement is terminated as provided in this
Section 8. At the end of the initial one year
period, if the parties desire to extend this
Agreement beyond the one year period, written
notice shall be given to the City no later than
thirty (30) days prior to the end of the one year
period by the Contractor. If the City agrees to
the request for renewal, the parties shall then
enter into an amendment extending this
Agreement including an amended Statement of
Work, if necessary. The parties understand
and acknowledge that any renewal of this
Agreement is subject to the approval of the
Englewood City Council. The parties also
understand and acknowledge that the
extension of this contract beyond the initial one
year period is contingent upon the City
appropriating adequate funds for each fiscal
year.
(a) Convenience. City may, without
cause and without penalty, terminate the
provision of Services under any or all
Statements of Work upon thirty (30) days prior
written notice. Upon such termination, City
shall, upon receipt of an invoice from
Consultant, pay Consultant for Services
actually rendered prior to the effective date of
such termination. Charges will be based on
time expended for all incomplete tasks as
listed in the applicable Statement of Work, and
all completed tasks will be charged as
indicated in the applicable Statement of Work.
(b) No Outstanding Statements of
Work. Either party may terminate this
Agreement by providing the other party with at
least thirty (30) days prior written notice of
termination if there are no outstanding
Statements of Work.
(c) Material Breach. If either party
materially defaults in the performance of any
term of a Statement of Work or this Agreement
with respect to a specific Statement of Work
(other than by nonpayment) and does not
substantially cure such default within thirty (30)
days after receiving written notice of such
default, then the non-defaulting party may
terminate this Agreement or any or all
outstanding Statements of Work by providing
ten (10) days prior written notice of termination
to the defaulting party.
(d) Bankruptcy or Insolvency. Either
party may terminate this Agreement effective
upon written notice stating its intention to
terminate in the event the other party: (1)
makes a general assignment of all or
substantially all of its assets for the benefit of
its creditors; (2) applies for, consents to, or
acquiesces in the appointment of a receiver,
trustee, custodian, or liquidator for its business
or all or substantially all of its assets; (3) files,
Page 62 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
4
PSA # 20-37 Martin and Wood Water Consultants
or consents to or acquiesces in, a petition
seeking relief or reorganization under any
bankruptcy or insolvency laws; or (4) files a
petition seeking relief or reorganization under
any bankruptcy or insolvency laws is filed
against that other party and is not dismissed
within sixty (60) days after it was filed.
(e) TABOR. The parties understand
and acknowledge that each party is subject to
Article X, § 20 of the Colorado Constitution
("TABOR"). The parties do not intend to
violate the terms and requirements of TABOR
by the execution of this Agreement. It is
understood and agreed that this Agreement
does not create a multi-fiscal year direct or
indirect debt or obligation within the meaning of
TABOR and, notwithstanding anything in this
Agreement to the contrary, all payment
obligations of City are expressly dependent
and conditioned upon the continuing
availability of funds beyond the term of City's
current fiscal period ending upon the next
succeeding December 31. Financial
obligations of City payable after the current
fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and
otherwise made available in accordance with
the rules, regulations, and resolutions of City
and applicable law. Upon the failure to
appropriate such funds, this Agreement shall
be deemed terminated.
(f) Return of Property. Upon
termination of this Agreement, both parties
agree to return to the other all property
(including any Confidential Information, as
defined in Section 11) of the other party that it
may have in its possession or control.
9. City Obligations. City will provide
timely access to City personnel, systems and
information required for Consultant to perform
its obligations hereunder. City shall provide to
Consultant’s employees performing its
obligations hereunder at City’s premises,
without charge, a reasonable work
environment in compliance with all applicable
laws and regulations, including office space,
furniture, telephone service, and reproduction,
computer, facsimile, secretarial and other
necessary equipment, supplies, and services.
With respect to all third party hardware or
software operated by or on behalf of City, City
shall, at no expense to Consultant, obtain all
consents, licenses and sublicenses necessary
for Consultant to perform under the Statements
of Work and shall pay any fees or other costs
associated with obtaining such consents,
licenses and sublicenses.
10. Staff. Consultant is an independent
consultant and neither Consultant nor
Consultant’s staff is, or shall be deemed to be
employed by City. City is hereby contracting
with Consultant for the Services described in a
Statement of Work and Consultant reserves
the right to determine the method, manner and
means by which the Services will be
performed. The Services shall be performed by
Consultant or Consultant’s staff, and City shall
not be required to hire, supervise or pay any
assistants to help Consultant perform the
Services under this Agreement. Except to the
extent that Consultant’s work must be
performed on or with City’s computers or City’s
existing software, all materials used in
providing the Services shall be provided by
Consultant.
11. Confidential Information.
(a) Obligations. Each party hereto
may receive from the other party information
which relates to the other party’s business,
research, development, trade secrets or
business affairs (“Confidential Information”).
Subject to the provisions and exceptions set
forth in the Colorado Open Records Act, CRS
Section 24-72-201 et seq., each party shall
protect all Confidential Information of the other
party with the same degree of care as it uses
to avoid unauthorized use, disclosure,
publication or dissemination of its own
confidential information of a similar nature, but
in no event less than a reasonable degree of
care. Without limiting the generality of the
foregoing, each party hereto agrees not to
Page 63 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
5
PSA # 20-37 Martin and Wood Water Consultants
disclose or permit any other person or entity
access to the other party’s Confidential
Information except such disclosure or access
shall be permitted to an employee, agent,
representative or independent consultant of
such party requiring access to the same in
order to perform his or her employment or
services. Each party shall insure that their
employees, agents, representatives, and
independent consultants are advised of the
confidential nature of the Confidential
Information and are precluded from taking any
action prohibited under this Section 11.
Further, each party agrees not to alter or
remove any identification, copyright or other
proprietary rights notice which indicates the
ownership of any part of such Confidential
Information by the other party. A party hereto
shall undertake to immediately notify the other
party in writing of all circumstances
surrounding any possession, use or knowledge
of Confidential Information at any location or by
any person or entity other than those
authorized by this Agreement.
Notwithstanding the foregoing, nothing in this
Agreement shall restrict either party with
respect to information or data identical or
similar to that contained in the Confidential
Information of the other party but which (1) that
party rightfully possessed before it received
such information from the other as evidenced
by written documentation; (2) subsequently
becomes publicly available through no fault of
that party; (3) is subsequently furnished
rightfully to that party by a third party without
restrictions on use or disclosure; or (4) is
required to be disclosed by law, provided that
the disclosing party will exercise reasonable
efforts to notify the other party prior to
disclosure.
(b) Know -How. For the avoidance of
doubt neither City nor Consultant shall be
prevented from making use of know-how and
principles learned or experience gained of a
non-proprietary and non-confidential nature.
(c) Remedies. Each of the parties
hereto agree that if, their officers, employees
or anyone obtaining access to the Confidential
Information of the other party by, through or
under them, breaches any provision of this
Section 11, the non-breaching party shall be
entitled to an accounting and repayment of all
profits, compensation, commissions,
remunerations and benefits which the
breaching party, its officers or employees
directly or indirectly realize or may realize as a
result of or growing out of, or in connection
with any such breach. In addition to, and not in
limitation of the foregoing, in the event of any
breach of this Section 11, the parties agree
that the non-breaching party will suffer
irreparable harm and that the total amount of
monetary damages for any such injury to the
non-breaching party arising from a violation of
this Section 11 would be impossible to
calculate and would therefore be an
inadequate remedy at law. Accordingly, the
parties agree that the non-breaching party
shall be entitled to temporary and permanent
injunctive relief against the breaching party, its
officers or employees and such other rights
and remedies to which the non-breaching party
may be entitled to at law, in equity or under this
Agreement for any violation of this Section 11.
The provisions of this Section 11 shall survive
the expiration or termination of this Agreement
for any reason.
12. Project Managers. Each party shall
designate one of its employees to be its
Project Manager under each Statement of
Work, who shall act for that party on all matters
under the Statement of Work. Each party shall
notify the other in writing of any replacement of
a Project Manager. The Project Managers for
each Statement of Work shall meet as often as
either one requests to review the status of the
Statement of Work.
13. Representations.
(a) Authority. Consultant represents
that: (1) Consultant has the full corporate right,
power and authority to enter into this
Agreement and to perform the acts required of
it hereunder; (2) the execution of this
Page 64 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
6
PSA # 20-37 Martin and Wood Water Consultants
Agreement by Consultant, and the
performance by Consultant of its obligations
and duties hereunder, do not and will not
violate any agreement to which Consultant is a
party or by which it is otherwise bound under
any applicable law, rule or regulation; (3) when
executed and delivered by Consultant, this
Agreement will constitute the legal, valid and
binding obligation of such party, enforceable
against such party in accordance with its
terms; and (4) Consultant acknowledges that
City makes no representations, warranties or
agreements related to the subject matter
hereof that are not expressly provided for in
this Agreement.
(b) Service Consultant agrees that its
employees and consultants shall have
sufficient skill, knowledge, and training to
perform Services and that the Services shall
be performed in a professional and
workmanlike manner. The CONSULTANT
makes no other representations or warranties,
whether expressed or implied, with respect to
the services rendered hereunder. The
CONSULTANT shall exercise usual and
customary professional care in its efforts to
comply with applicable codes, regulations,
laws, rules, ordinances, and such other
requirements ("Laws") in effect as of the date
of execution of this Agreement. It is
understood, however, that various Laws are
subject to varying and sometimes contradictory
interpretation. The CONSULTANT shall
exercise its professional skill and care
consistent with the generally accepted
standard of care to provide design that
complies with such Laws. The CONSULTANT
cannot warrant that all documents issued by it
shall comply with said Laws.
(c) Personnel. Unless a specific
number of employees is set forth in the
Statement of Work, Consultant warrants it will
provide sufficient employees to complete the
Services ordered within the applicable time
frames established pursuant to this Agreement
or as set forth in the Statement of Work.
During the course of performance of Services,
City may, for any or no reason, request
replacement of an employee or a proposed
employee. In such event, Consultant shall,
within five (5) working days of receipt of such
request from City, provide a substitute
employee of sufficient skill, knowledge, and
training to perform the applicable Services.
Consultant shall require employees providing
Services at a City location to comply with
applicable City security and safety regulations
and policies.
(d) Compensation and Benefits.
Consultant shall provide for and pay the
compensation of employees and shall pay all
taxes, contributions, and benefits (such as, but
not limited to, workers’ compensation benefits)
which an employer is required to pay relating
to the employment of employees. City shall not
be liable to Consultant or to any employee for
Consultant’s failure to perform its
compensation, benefit, or tax obligations.
Consultant shall indemnify, and hold City
harmless from and against all such taxes,
contributions and benefits and will comply with
all associated governmental regulations,
including the filing of all necessary reports and
returns.
14. Indemnification.
(a) Consultant Indemnification.
Consultant shall indemnify, and hold harmless
City, its directors, officers, employees, of any
of the foregoing (the “City Indemnitees”) from
and against losses, (whether civil or criminal),
liabilities, expenses and costs (including
reasonable fees and disbursements of legal
counsel and accountants), bodily and other
personal injuries, damage to tangible property,
and other damages, of any kind or nature,
suffered or incurred by a City Indemnitee to the
extent caused by the negligence of the
Consultant in performance of services under
this Agreement. In no event shall the
indemnification obligation extend beyond the
date when the institution of legal or equitable
proceedings for professional negligence would
Page 65 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
7
PSA # 20-37 Martin and Wood Water Consultants
be barred by any applicable statute of repose
or statute of limitations.to: (1) any negligent act
or omission by Consultant or its
representatives in the performance of
Consultant’s obligations under this Agreement,
or (2) any material breach in a representation,
or obligation of Consultant contained in this
Agreement.
(b) Indemnification Procedures.
Notwith-standing anything else contained in
this Agreement, no obligation to indemnify
which is set forth in this Section 14 shall apply
unless the party claiming indemnification
notifies the other party as soon as practicable
to avoid any prejudice in the claim, suit or
proceeding of any matters in respect of which
the indemnity may apply and of which the
notifying party has knowledge and gives the
other party the opportunity to control the
response thereto; provided, however, that the
party claiming indemnification shall have the
right to participate in any legal proceedings to
contest and defend a claim for indemnification
involving a third party and to be represented by
its own attorneys, all at such party’s cost and
expense; provided further, however, that no
settlement or compromise of an asserted third-
party claim other than the payment/money may
be made without the prior written consent of
the party claiming indemnification.
(c) Immunity. City, its officers, and its
employees, are relying on, and do not waive or
intend to waive by any provision of this
Agreement, the monetary limitations or any
other rights, immunities, and protections
provided by the Colorado Governmental
Immunity Act, C.R.S. 24-10-101 et seq., as
from time to time amended, or otherwise
available to City, its officers, or its employees.
(d) Corporate Protection It is intended
by the parties to this Agreement that the
CONSULTANT's services in connection with
the Project shall not subject the
CONSULTANT's individual employees, officers
or directors to any personal legal exposure for
the risks associated with this Project.
Therefore, and notwithstanding anything to the
contrary contained herein, the CLIENT agrees
that as the CLIENT's sole and exclusive
remedy, any claim, demand or suit shall be
directed and/or asserted only against the
CONSULTANT, a Colorado corporation, and
not against any of the CONSULTANT's
individual employees, officers or directors.
15. Insurance.
(a) Requirements. Consultant agrees
to keep in full force and effect and maintain at
its sole cost and expense the following policies
of insurance during the term of this Agreement:
(1) The Consultant shall comply
with the Workers’ Compensation Act of
Colorado and shall provide compensation
insurance to protect the City from and against
Workers’ Compensation claims arising from
performance of the work under this contract.
Workers’ Compensation insurance must cover
obligations imposed by applicable laws for any
employee engaged in the performance of work
under this contract, as well as the Employers’
Liability within the minimum statutory limits.
(2) Commercial General Liability
Insurance and auto liability insurance
(including contractual liability insurance)
providing coverage for bodily injury and
property damage with a combined single limit
of not less than three million dollars
($2,000,000) per occurrence.
(3) Professional Liability/Errors and
Omissions Insurance covering acts, errors and
omissions arising out of Consultant’s
operations or Services in an amount not less
than one million dollars ($1,000,000) per claim
and in the annual aggregate.
(4) Employee Dishonesty and
Computer Fraud Insurance covering losses
arising out of or in connection with any
fraudulent or dishonest acts committed by
Consultant personnel, acting alone or with
Page 66 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
8
PSA # 20-37 Martin and Wood Water Consultants
others, in an amount not less than twenty five
thousand dollars ($25,000) per occurrence.
(b) Approved Companies. All such
insurance shall be procured with such
insurance companies of good standing,
permitted to do business in the country, state
or territory where the Services are being
performed.
(c) Certificates. Consultant shall
provide City with certificates of insurance
evidencing compliance with this Section 15
(including evidence of renewal of insurance)
signed by authorized representatives of the
respective carriers for each year that this
Agreement is in effect. Certificates of
insurance for Commercial General Liability will
list the City of Englewood as an additional
insured. Each certificate of insurance shall
provide that the issuing company shall not
cancel, reduce, or otherwise materially change
the insurance afforded under the above
policies unless thirty (30) days’ notice of such
cancellation, reduction or material change has
been provided to City.
16. Ownership in Instruments of Service
(a) Generally. Except as specifically
agreed to the contrary in any Statement of
Work, all ownership in and to the instruments
of service produced or provided by Consultant
under any Statement of Work shall remain the
property of Consultant. All documents including
Drawings and Specifications prepared by
Consultant pursuant to this Agreement are
instruments of service in respect of the Project.
They are not intended or represented to be
suitable for reuse by City or others on
extensions of the Project or on any other
project. Any reuse without written verification
or adaptation by Consultant for the specific
purposes intended will be at City’s sole risk
and without liability or legal exposure to
Consultant from all claims, damages, losses
and expenses including attorneys’ fees arising
out of or resulting from. Any such verification or
adaptation will entitle Consultant to further
compensation at rates to be agreed upon by
City and Consultant.
(b) Know-How. Notwithstanding
anything to the contrary herein, each party and
its respective personnel and consultants shall
be free to use and employ its and their general
skills, know-how, and expertise, and to use,
disclose, and employ any generalized ideas,
concepts, know-how, methods, techniques, or
skills gained or learned during the course of
any assignment, so long as it or they acquire
and apply such information without disclosure
of any Confidential Information of the other
party.
17. Relationship of Parties. Consultant is
acting only as an independent consultant and
does not undertake, by this Agreement, any
Statement of Work or otherwise, to perform
any obligation of City, whether regulatory or
contractual, or to assume any responsibility for
City’s business or operations. Neither party
shall act or represent itself, directly or by
implication, as an agent of the other, except as
expressly authorized in a Statement of Work.
18. Complete Agreement. This Agreement
contains the entire agreement, including all
Exhibits, Statements of Work and other
Attachments that have been executed by the
parties, and are attached hereto and made a
part of this Agreement.
19. Applicable Law. Consultant shall
comply with all applicable laws in performing
Services but shall be held harmless for
violation of any governmental procurement
regulation to which it may be subject but to
which reference is not made in the applicable
Statement of Work. This Agreement shall be
construed in accordance with the laws of the
State of Colorado. Any action or proceeding
brought to interpret or enforce the provisions of
this Agreement shall be brought before the
state or federal court situated in Arapahoe
County, Colorado and each party hereto
Page 67 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
9
PSA # 20-37 Martin and Wood Water Consultants
consents to jurisdiction and venue before such
courts.
20. Scope of Agreement. If the scope of
any provisions of this Agreement is too broad
in any respect whatsoever to permit
enforcement to its fullest extent, then such
provision shall be enforced to the maximum
extent permitted by law, and the parties hereto
consent to and agree that such scope may be
judicially modified accordingly and that the
whole of such provision of this Agreement shall
not thereby fail, but that the scope of such
provision shall be curtailed only to the extent
necessary to conform to law.
21. Additional Work. After receipt of a
Statement of Work, City, with Consultant’s
consent, may request Consultant to undertake
additional work with respect to such Statement
of Work. In such event, City and Consultant
shall execute an addendum to the Statement
of Work specifying such additional work and
the compensation to be paid to Consultant for
such additional work.
22. Sub-consultants. Consultant may not
subcontract any of the Services to be provided
hereunder without the prior written consent of
City. In the event of any permitted
subcontracting, the agreement with such third
party shall provide that, with respect to the
subcontracted work, such sub-consultant shall
be subject to all of the obligations of
Consultant specified in this Agreement.
23. Notices. Any notice provided pursuant
to this Agreement shall be in writing to the
parties at the addresses set forth below and
shall be deemed given (1) if by hand delivery,
upon receipt thereof, (2) three (3) days after
deposit in the United States mails, postage
prepaid, certified mail, return receipt requested
or (3) one (1) day after deposit with a
nationally-recognized overnight courier,
specifying overnight priority delivery. Either
party may change its address for purposes of
this Agreement at any time by giving written
notice of such change to the other party
hereto.
24. Assignment. This Agreement may not
be assigned by Consultant without the prior
written consent of City. Except for the
prohibition of an assignment contained in the
preceding sentence, this Agreement shall be
binding upon and inure to the benefit of the
heirs, successors and assigns of the parties
hereto.
25. Third Party Beneficiaries. This
Agreement is entered into solely for the benefit
of the parties hereto and shall not confer any
rights upon any person or entity not a party to
this Agreement.
26. Headings. The section headings in
this Agreement are solely for convenience and
shall not be considered in its interpretation.
The recitals set forth on the first page of this
Agreement are incorporated into the body of
this Agreement. The exhibits referred to
throughout this Agreement and any Statement
of Work prepared in conformance with this
Agreement are incorporated into this
Agreement.
27. Waiver. The failure of either party at
any time to require performance by the other
party of any provision of this Agreement shall
not effect in any way the full right to require
such performance at any subsequent time; nor
shall the waiver by either party of a breach of
any provision of this Agreement be taken or
held to be a waiver of the provision itself.
28. Force Majeure. If performance by
Consultant of any service or obligation under
this Agreement is prevented, restricted,
delayed or interfered with by reason of labor
disputes, strikes, acts of God, floods, lightning,
severe weather, shortages of materials,
rationing, utility or communications failures,
earthquakes, war, revolution, civil commotion,
acts of public enemies, blockade, embargo or
any law, order, proclamation, regulation,
ordinance, demand or requirement having
Page 68 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
10
PSA # 20-37 Martin and Wood Water Consultants
legal effect of any governmental or judicial
authority or representative of any such
government, or any other act whether similar
or dissimilar to those referred to in this clause,
which are beyond the reasonable control of
Consultant, then Consultant shall be excused
from such performance to the extent of such
prevention, restriction, delay or interference. If
the period of such delay exceeds thirty (30)
days, City may, without liability, terminate the
affected Statement of Work(s) upon written
notice to Consultant.
29. Time of Performance. The City and
Consultant are aware that many factors
outside the Consultant's control may affect the
Consultant's ability to complete the services to
be provided under this Agreement. The
Consultant will perform these services with
reasonable diligence and expediency
consistent with sound professional practices. If
the Consultant becomes aware of delays due
to time allowances for review and approval
being exceeded, delay by the Contractor, the
City, the City’s consultants or any other cause
beyond the control of the Consultant, which will
result in the schedule for performance of the
Consultant's services not being met, the
Consultant shall promptly notify the City. If the
City becomes aware of any delays or other
causes that will affect the Consultant's
schedule, the City shall promptly notify the
Consultant.
30. Media Releases. Except for any
announcement intended solely for internal
distribution by Consultant or any disclosure
required by legal, accounting, or regulatory
requirements beyond the reasonable control of
Consultant, all media releases, public
announcements, or public disclosures
(including, but not limited to, promotional or
marketing material) by Consultant or its
employees or agents relating to this
Agreement or its subject matter, or including
the name, trade mark, or symbol of City, shall
be coordinated with and approved in writing by
City prior to the release thereof. Consultant
shall not represent directly or indirectly that any
Services provided by Consultant to City has
been approved or endorsed by City or include
the name, trade mark, or symbol of City on a
list of Consultant’s customers without City’s
express written consent.
31. Nonexclusive Market and Purchase
Rights. It is expressly understood and agreed
that this Agreement does not grant to
Consultant an exclusive right to provide to City
any or all of the Services and shall not prevent
City from acquiring from other suppliers
services similar to the Services. Consultant
agrees that acquisitions by City pursuant to
this Agreement shall neither restrict the right of
City to cease acquiring nor require City to
continue any level of such acquisitions.
Estimates or forecasts furnished by City to
Consultant prior to or during the term of this
Agreement shall not constitute commitments.
32. Survival. The provisions of Sections 5,
8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31
shall survive any expiration or termination for
any reason of this Agreement.
33. Verification of Compliance with C.R.S.
8-17.5-101 ET.SEQ. Regarding Hiring of
Illegal Aliens:
(a) Employees, Consultants and
Sub-consultants: Consultant shall not
knowingly employ or contract with an illegal
alien to perform work under this Contract.
Consultant shall not contract with a sub-
consultant that fails to certify to the Consultant
that the sub-consultant will not knowingly
employ or contract with an illegal alien to
perform work under this Contract. [CRS 8-
17.5-102(2)(a)(I) & (II).]
(b) Verification: Consultant will
participate in either the E-Verify program or the
Department program, as defined in C.R.S. 8-
17.5-101 (3.3) and 8-17.5-101 (3.7),
respectively, in order to confirm the
employment eligibility of all employees who are
newly hired for employment to perform work
under this public contract for services.
Page 69 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
11
PSA # 20-37 Martin and Wood Water Consultants
Consultant is prohibited from using the E-Verify
program or the Department program
procedures to undertake pre-employment
screening of job applicants while this contract
is being performed.
(c) Duty to Terminate a
Subcontract: If Consultant obtains actual
knowledge that a sub-consultant performing
work under this Contract knowingly employs or
contracts with an illegal alien, the Consultant
shall;
(1) notify the sub-consultant and
the City within three days that the
Consultant has actual knowledge that
the sub-consultant is employing or
contracting with an illegal alien; and
(2) terminate the subcontract
with the sub-consultant if, within three
days of receiving notice required
pursuant to this paragraph the sub-
consultant does not stop employing or
contracting with the illegal alien; except
that the Consultant shall not terminate
the contract with the sub-consultant if
during such three days the sub-
consultant provides information to
establish that the sub-consultant has
not knowingly employed or contracted
with an illegal alien.
(d) Duty to Comply with State
Investigation: Consultant shall comply with
any reasonable request of the Colorado
Department of Labor and Employment made in
the course of an investigation by that the
Department is undertaking pursuant to C.R.S.
8-17.5-102 (5)
(e) Damages for Breach of Contract:
The City may terminate this contract for a
breach of contract, in whole or in part, due to
Consultant’s breach of any section of this
paragraph or provisions required pursuant to
CRS 8-17.5-102. Consultant shall be liable for
actual and consequential damages to the City
in addition to any other legal or equitable
remedy the City may be entitled to for a breach
of this Contract under this Paragraph 34.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Page 70 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
12
PSA # 20-37 Martin and Wood Water Consultants
Page 71 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
13
PSA # 20-37 Martin and Wood Water Consultants
ATTACHMENT A
STATEMENT OF SERVICES
1. GENERAL:
• City of Englewood and Martin and Wood Water Consultants Inc.;
• Amount of $300,000.00 for the contract term (2020/2021);
• For general engineering services associated with Water Court proceedings,
water supply development, and water supply protection.
2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT OORDINATORS
Steve Simon, Utilities Deputy Director 303-762-2654 ssimon@englewoodco.gov
Dave Chapman, Water Production Administrator 303-762-2650 Dchapman@englewoodco.gov
Michelle Cunico Johnson, President.720-836-6569 www.martinandwood.com
3. SUMMARY OF PURPOSE FOR STATEMENT OF SERVICES:
General engineering services associated with Water Court proceedings,
water supply development and water supply protection.
4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY
(IF ANY) Water rights data and updated spreadsheets.
5. OTHER CONSULTANT
RESOURCES Not Applicable
Page 72 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
14
PSA # 20-37 Martin and Wood Water Consultants
6. DESCRIPTION OF GENERAL ENGINEERING SERVICES
A. Engineering for Water Court proceedings related to water supply development and
water supply protection, providing engineering or litigation assistance to City Staff and
legal counsel concerning the City’s future applications to the Water Court, and
engineering or litigation assistance to City staff and legal counsel in review of pending
Water Court applications filed by other parties.
B. Development of or revisions to operations accounting or related tasks specific to the
City’s raw water operations.
C. Feasibility and planning studies for raw water projects or raw water supplies including
the evaluation of future water supplies pursuant to the City’s Water Master Plan and
potential negotiations with respect to future water acquisitions.
D. Raw water system modeling including on-going flow analysis of the City’s raw water
supply and demand, master supply planning, water conservation planning, and
implementation of short term and long-term strategic water plans.
E. Evaluation of the City’s groundwater resources including the assessment of existing
wells for monitoring, maintenance, rehabilitation, replacement, and design services
related to the construction of future wells.
F. Other general engineering services associated with various water projects or activities.
7. CONSULTANT FEES AND EXPENSES
The services provided under this Agreement and described by the Statement of Work will be billed by
a Time and Materials basis in accordance with Attachment B Schedule of Hourly Rates and
Expenses in effect as of January 1, 2020, or as scheduled effective January of each calendar year this
Agreement is in effect. This SCHEDULE OF HOURLY RATES AND EXPENSES includes Other
Expenses that the Consultant may incur as out-of-pocket costs while engaged in various tasks under
the Statement of Work and may request the City for reimbursement.
8. MODE OF PAYMENT
Check or Electronic Transfer.
Page 73 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
15
PSA # 20-37 Martin and Wood Water Consultants
City will pay Consultant for the work in accordance with the following payment schedule. All
payments to Consultant are contingent on Consultant’s satisfying the Deliverables/Milestones set
forth in the Payment Schedule. Payments shall be made upon City’s written confirmation to
Consultant that the instruments of service have been satisfied.
9. PAYMENT SCHEDULE
The 1st or 15th of the month after receiving and reviewing invoice.
10. SCHEDULE AND PERFORMANCE
MILESTONES Not Applicable
11. ACCEPTANCE AND TESTING
PROCEDURES Not Applicable
12. LOCATION OF WORK FACILITIES
Substantially all of the work will be conducted by Consultant at its regular office located in:
538 Commons Drive Golden, Colorado 80401.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Page 74 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
16
PSA # 20-37 Martin and Wood Water Consultants
Page 75 of 139
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov
17
PSA # 20-37 Martin and Wood Water Consultants
ATTACHMENT B
CONTRACTORS PROPOSAL
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Page 76 of 139
Contract Approval Summary
May 2020 Update
Page | 1
Contact Identification Information (to be completed by the City Clerk)
ID number: 20-37 Authorizing Resolution/Ordinance:
Recording Information:
City Contact Information
Staff Contact Person: Steve Simon Phone: 303-762-2654
Title: Deputy Director - Utilities Engineering Email: SSimon@englewoodco.gov
Vendor Contact Information
Vendor Name: Martin and Woods Water
Consultants, Inc
Vendor Contact: Michelle Johnson
Vendor Address: 538 Commons Drive Vendor Phone: 720-836-6569
City: Golden, CO 80401 Vendor Email: http://www.martinandwood.com
State: CO Zip Code: 80302
Contract Type
Contract Type:Professional Services
Description of ‘Other’ Contract Type: Optimal Source
Description of Contract Work/Services:
Attachments:
☒Contract -- ☐Original ☐Copy
☐Addendum(s)
☐Exhibit(s)
☐Certificate of Insurance
Engineering services supporting the protection of the City’s water rights, which primarily
includes support of various water right initiatives, engineering support for water court
proceedings, development of an optimized water supply portfolio, and the development of a
Raw Water Master Plan and associated feasibility studies. Successfully protecting existing
water rights and planning for the future involves specialized expertise and knowledge of the
City’s water rights.
Page 77 of 139
Contract Approval Summary
May 2020 Update
Page | 2
Summary of Terms:
Start Date: 7/6/2020 End Date: 7/5/2021 Total Years of Term: 1
Total Amount of Contract for term (or estimated amount
if based on item pricing): $300,000
If Amended: Original Amount Amendment Amount Total as Amended:
Renewal options available:No
Payment terms (please
describe terms or attach
schedule if based on
deliverables):
Net 30
Attachments:
☐Copy of original Contract if this is an Amendment
☐Copies of related Contracts/Conveyances/Documents
Source of Funds (Insert Excel Document Image):
Page 78 of 139
Contract Approval Summary
May 2020 Update
Page | 3
Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov):
☐Prior Month-End Project Status and Fund Balance Report
Process for Choosing Vendor (Check Box):
☐Bid: ☐ Bid Evaluation Summary attached
☐ Bid Response of Proposed Awardee
☐RFP: ☐ RFP Evaluation Summary Attached
☐ RFP Response of Proposed Awardee
☐Quotes: Copy of Quotes attached
☒Optimal Source: Provide Detailed Explanation:
☒ Sole Source (Use as much space as necessary for detailed explanation):
☐ Qualification Based Selection / Best Value* (Continue on Next Page):
A sole source execution of the Professional Services Agreement with Martin and Wood Water
Consultants Inc. (MWWC) is recommended for the following reasons:
MWWC has provided engineering support services to the City for over 30 years and has
extensive institutional knowledge of the City’s water supply portfolio, contractual
agreements, history of the South Platte watershed, operational history, historic and
current litigation, and drought response plans.
Engineering support of water court proceedings from other firms may result in conflict of
interesting from those firms representing parties that oppose the City’s best interest.
Page 79 of 139
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Steve Simon
DEPARTMENT: Utilities
DATE: July 6, 2020
SUBJECT:
Renew the Professional Services Agreement in an amount not to
exceed $400,000 with Berg Hill Greenleaf & Ruscitti, LLP for legal
representation supporting the City’s water resources protection
and future planning.
DESCRIPTION:
Renew the Professional Services Agreement in an amount not to exceed $400,000 with Berg
Hill Greenleaf & Ruscitti, LLP for legal representation supporting the City’s water resources
protection and future planning.
RECOMMENDATION:
Staff recommends City Council approval, by motion, of the annual renewal of the Professional
Services Agreement with Berg Hill Greenleaf & Ruscitti, LLP (BHGR) in an amount not to
exceed $400,000 for legal representation as part of the City’s water resource management
team.
PREVIOUS COUNCIL ACTION:
On May 6, 2019, council approved a Professional Services Agreement with BHGR for legal
services supporting water resources management.
SUMMARY:
BHGR has provided outside legal representation to the City of Englewood since 2001. BHGR is
a highly respected water law firm in the metro area and provides legal advice to the City
regarding the most effective means to protect and utilize the City’s diverse water supply
portfolio. Their strong representation throughout Colorado in water law has allowed them to
work on behalf of the City to resolve water rights conflicts without resorting to litigation. At the
same time when necessary, they have effectively litigated several water law matters on behalf
of the City in Colorado’s water court. Their active involvement in State legislation concerning
water continues to be a benefit to the City.
ANALYSIS:
BHGR’s primary responsibility under this Professional Services Agreement will be the protection
of the City’s water rights. This involves highly specialized legal tasks, including:
• Prepare and file applications in water court for City water rights, including applications
for water right changes and new water rights
• Negotiate and settle with opposition parties to water right applications
• Prepare and file statements of opposition to parties seeking to claim water rights in
which the City has a legal interest
Page 80 of 139
• Monitor water case decisions to ensure that all parties to the matter comply with the
terms and conditions set forth by the water court
• Monitor and understand water court decision scope in order to protect City’s interests
and support City advocates to oppose any applications that may have a negative impact
on the City’s water rights
• Support development of a Raw Water Plan (by others) and provide professional legal
disposition in the development of an optimized water supply portfolio
FINANCIAL IMPLICATIONS:
Approved 2020 Budget in account 1601-54202, Source of Supply, Legal Expenses in the
amount of $400,000
ALTERNATIVES:
• Do not enter into a professional service agreement with BHGR and take on high risk of
not protecting City water right’s interest and jeopardizing water availability now and into
the future
• Advertise a Request for Proposal for legal services supporting the City’s water resources
management. Staff believes that no other firm brings the historical background
concerning Englewood’s water rights portfolio, or the necessary representation with
metro area clients, to provide the expertise needed to protect the City’s water right
interests.
CONCLUSION:
Staff recommends City Council approval, by Motion, the execution of the Professional Services
Agreement with Berg Hill Greenleaf & Ruscitti, LLP in an amount not to exceed $400,000.00 for
legal representation as part of the City’s water resource management team.
ATTACHMENTS:
New PSA
New Schedule A - Scope of work
Contract Summary Sheet
Page 81 of 139
Page 82 of 139
Page 83 of 139
Page 84 of 139
Page 85 of 139
Page 86 of 139
Page 87 of 139
Page 88 of 139
Page 89 of 139
Page 90 of 139
Page 91 of 139
IN WITNESS WHEREOF,the parties to this Agreement have caused it to be executed by their
authorized officers as of the day and year first above written.This Agreement may be executed in
counterparts,each of which shall be deemed an original,but all of which together shall constitute one
and the same instrument,
CITY OF ENGLEWOOD,COLORADO
By:Date:
(Department Director)
By:Date:
(City manager)
By:Date:
(Mayor)
ATTEST:
City Clerk
Berg Hill Greenleaf Ruscitti LLP
(Consultant Name)
1712 Pearl Street
Address
Boulder CO 80302
City,s '
BY?\
l°VI_
(Print Name]
Title:Partner
Date:June 18 2020
1000 Englewood Parkway,Englewoud,Colorado 801102373
rsa 1 20 1:am muGrvcnlcal $1 Rumllr Lu-
(303)762-2300 ww/v englewoodco gov
ll
Page 92 of 139
Page 93 of 139
Page 94 of 139
11.ACCEPTANCE AND TESTING PROCEDURES
Not Applicable
12 LOCATION OF WORK FACILITIES
Substantially all of the work will be conducted by Consultant at its regular office located at 1712 Pearl
Street,Boulder,CO 80302.
IN WITNESS WHEREOF,pursuant and in accordance with the Professional Services Agreement
between the parties hereto dated ,20_,the parties have executed this Statement
of Work as of this day of ,20_.
CITY OF ENGLEWOOD,COLORADO
By:
(Signature)
(Print Name)
Title.
Date
Berg Hill gireenleaf Ruscitti LLP
C sul ame
B
(Siunature)
\
_
Peter D.Nichols
(Print Name)
Title:Partner
Date [Le 15 2921]
1000 Englewood Parkway,Englewood,Colorado 801102373
(303)762-2300 WWN englewoodcugov
vs.‘1 20 1:am muGrvcnlusl $1 Rmnlllt Lu-
Page 95 of 139
Page 96 of 139
Contract Approval Summary
May 2020 Update
Page | 1
Contact Identification Information (to be completed by the City Clerk)
ID number: 20-35 Authorizing Resolution/Ordinance:
Recording Information:
City Contact Information
Staff Contact Person: Steve Simon Phone: 303-762-2654
Title: Deputy Director - Utilities Engineering Email: SSimon@englewoodco.gov
Vendor Contact Information
Vendor Name: Berg Hill Greenleaf Ruscitti Vendor Contact: Peter D. Nichols
Vendor Address: 1712 Pearl Street Vendor Phone: 303-402-1600
City: Boulder Vendor Email: pdn@bhgrlaw.com
State: CO Zip Code: 80302
Contract Type
Contract Type:Professional Services
Description of ‘Other’ Contract Type: Optimal Source
Description of Contract Work/Services:
Attachments:
☒Contract -- ☐Original ☐Copy
☐Addendum(s)
☐Exhibit(s)
☐Certificate of Insurance
Legal representation supporting Englewood Utilities water resource management.
Services support the protection of Englewood’s water rights including: water rights
applications, water rights negotiations and settlements, filing statement of oppositions,
and monitoring water court decisions, scope, and impacts to the City.
Page 97 of 139
Contract Approval Summary
May 2020 Update
Page | 2
Summary of Terms:
Start Date: 7/6/2020 End Date: 7/5/2021 Total Years of Term: 1
Total Amount of Contract for term (or estimated amount
if based on item pricing): $400,000
If Amended: Original Amount
Amendment Amount Total as Amended:
Renewal options available:
No
Payment terms (please
describe terms or attach
schedule if based on
deliverables):
Net 30
Attachments:
☐Copy of original Contract if this is an Amendment
☐Copies of related Contracts/Conveyances/Documents
Source of Funds (Insert Excel Document Image):
Page 98 of 139
Contract Approval Summary
May 2020 Update
Page | 3
Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov):
☐Prior Month-End Project Status and Fund Balance Report
Process for Choosing Vendor (Check Box):
☐Bid: ☐ Bid Evaluation Summary attached
☐ Bid Response of Proposed Awardee
☐RFP: ☐ RFP Evaluation Summary Attached
☐ RFP Response of Proposed Awardee
☐Quotes: Copy of Quotes attached
☒Optimal Source: Provide Detailed Explanation:
☒ Sole Source (Use as much space as necessary for detailed explanation):
☐ Qualification Based Selection / Best Value* (Continue on Next Page):
A sole source execution of the Professional Services Agreement Amendment with Berg Hill
Greenleaf Riscutti LLC (BHGR) is recommended for the following reasons:
• BHGR has provided legal representation to the City since 2001 and has effectively
litigated numerous water law issues on behalf of the City.
• Representation from other legal firms may result in conflicts of interest with those firms
that may represent parties opposing the City’s best interest.
Page 99 of 139
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Dan Poremba, John Voboril
DEPARTMENT: Community Development
DATE: July 6, 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 an ordinance (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
Page 100 of 139
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
Page 101 of 139
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 102 of 139
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
Page 103 of 139
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 104 of 139
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 25
SERIES 2020 INTRODUCED BY COUNCIL
MEMBER SIERRA
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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Page 105 of 139
2
DN 4090321.1
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
PROPERTIES IDENTIFIED BY THE FOLLOWING ARAPAHOE COUNTY
ASSESSOR AIN NUMBERS AND PROPERTY ADDRESSES:
Page 106 of 139
3
DN 4090321.1
[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 $80,000,000
(MAXIMUM PRINCIPAL AMOUNT) WITH A REPAYMENT COST OF
$216,500,000 (MAXIM UM 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 $80,000,000
(maximum principal amount) with a repayment cost of $216,500,000 (maximum
total principal and interest costs), all for the purpose of financing the objectives and
purposes contained in any Englewood Downtown Development Plan, as such plan
or plans may be adopted and amended from time to time, with such obligations
Page 107 of 139
4
DN 4090321.1
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
(THE “AUTHORITY”), FOR THE PURPOSES SET FORTH IN PART 8 OF
ARTICLE 25 OF TITLE 31 COLORADO REVISED STATUTES; AND SHALL
Page 108 of 139
5
DN 4090321.1
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
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
Page 109 of 139
6
DN 4090321.1
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;
d. Fees, rates, tolls, rents, charges, grants, contributions, loans, income or other
revenues imposed, collected or authorized by law to be imposed or collected
Page 110 of 139
7
DN 4090321.1
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.
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
Page 111 of 139
8
DN 4090321.1
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.
Read by Title and passed on final reading on the 6th day of July, 2020.
Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2020,
on the 9th day of July, 2020
Published by title on the City’s official website beginning on the 8th day of July, 2020 for
thirty (30) days.
Page 112 of 139
9
DN 4090321.1
This Ordinance shall take effect thirty (30) days after publication following final passage.
Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of the Ordinance passed on final reading and published by
Title as Ordinance No. ___, Series of 2020.
Page 113 of 139
10
DN 4090321.1
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
Page 114 of 139
11
DN 4090321.1
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
Page 115 of 139
12
DN 4090321.1
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 116 of 139
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 117 of 139
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 118 of 139
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 119 of 139
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 120 of 139
17
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 121 of 139
18
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 122 of 139
19
DN 4090321.1
Page 123 of 139
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 124 of 139
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.
Page 125 of 139
2
DN 4089571.1
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.
Page 126 of 139
3
DN 4089571.1
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.
Page 127 of 139
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Frank Main
DEPARTMENT: Public Works
DATE: July 6, 2020
SUBJECT:
Award of Contract to Chavez Construction, Inc. for Construction of
the 2020 Mill and Overlay Project
DESCRIPTION:
Award of Contract to Chavez Construction, Inc. for Construction of the 2020 Mill and Overlay
Project
RECOMMENDATION:
Staff recommends City Council approve, by motion, a Contract with Chavez Construction, Inc. in
the amount of $1,218,957.10 for construction of the 2020 Mill and Overlay Project with
allowance for a 10% contingency in the amount of $121,895.71, to account for unknown
circumstances that might be encountered on the project.
PREVIOUS COUNCIL ACTION:
Staff presented an overview of the Pavement Management Program and the 2020 Pavement
Maintenance projects at the April 13, 2020 Study Session.
SUMMARY:
The City issued an invitation for bids on May 18, 2020 and received seven bids in response on
June 4, 2020. The total bid from the low bidder, Chavez Construction, Inc. was $467,765.65
less than the Engineer's Estimate. Chavez Construction has successfully performed similar
work for other local municipalities in the past. Despite the bid being significantly lower than the
Engineer's Estimate, staff has reviewed the unit bid prices and feels that the costs are
reasonable for the work to be performed. Staff feels that Chavez Construction will perform this
work in accordance with the City's bid documents. Several reference checks were conducted
and all came back favorable.
ANALYSIS:
This project will complete the scheduled Zone 2 corrective street maintenance work for 2020,
(see attached 2020 Pavement Maintenance Zones map). The following street segments were
selected by a combination of previous maintenance efforts and a visual assessment:
• W. Quincy Ave. from (S. Navajo St. to S. Broadway including 36 ADA Ramps)
• W. Tufts Ave. from (S. Navajo St. to S. Cherokee St. including 39 ADA Ramps)
• S. Navajo St. from (W. Tufts Avenue to W. Oxford Ave. including 14 ADA Ramps)
• S. Windermere St. from (W. Layton Ave. to W. Tufts Ave. including 5 ADA Ramps)
Page 128 of 139
The work to be performed under this contract includes removal and replacement of any existing
damaged concrete adjacent to the asphalt on these streets including crosspan, curbwalk, curb
and gutter and outdated curb ramps. Asphalt patching, 2" milling of the existing asphalt
pavement, asphalt resurfacing and pavement marking replacement will follow.
Also included in this project is the reconstruction of two parking lots. The Miller Field parking lot
located just east of the Police Department building at the southeast corner of S. Elati St. and W.
Ithaca Ave. and the parking lot of the Acoma Fire Station #38 located at 4830 S. Acoma St.
Bidding & Selection Process
• Plans and specifications for this project were prepared by city staff.
• Bids were solicited through a formal bidding process which was advertised on the Rocky
Mountain BidNet site beginning on May 18, 2020.
• One (1) addendum was issued in response to questions from interested bidders.
• Bid were opened and read aloud during a conference call that allowed bidders to
participate on June 4, 2020.
• Seven (7) bids were received.
Project Schedule
Per the contract terms, all work must be completed no later than October 31, 2020 with an
anticipated Notice to Proceed date of July 17, 2020.
Project Communication
A letter or post card will be mailed to all affected property owners in advance of the start of
construction. This letter will be shared with City Council, via the weekly Council Update, at or
around the same time as the letters are mailed to property owners. The contractor will then post
door hangers at each residence or business adjacent to the project site at least 24 hours in
advance of the work commencing on a particular street segment.
FINANCIAL IMPLICATIONS:
Staff issued an Invitation to Bid (ITB) on May 18, 2020. Seven (7) bids were received on June
4, 2020 as summarized below. A detailed summary of the bid results is also attached.
Bidder Bid Amount
Chavez Construction Inc. $1,218,957.10
Martin Marietta Materials, Inc. $1,340,425.58
Aggregate Industries - WCR, Inc. $1,374,994.40
Brannan Sand and Gravel Company, LLC $1,415,536.30
Asphalt Specialtites Company, Inc. $1,444,382.20
RME Ltd., dba Elite Surface Infrastructure $1,446,188.70
Schmidt Construction Company $1,677.261.30
Engineer's Estimate $1,686,722.75
Amount under Engineer's Estimate $ 467,765.65
Page 129 of 139
Chavez Construction's total bid was approximately 28% less than the engineer's estimate.
Sufficient funding for this work is available in the Road and Bridge Project in the Public
Improvement Fund as shown on the attached Contract Approval Summary form.
Approval of an additional 10% contingency to Chavez Construction Inc.'s total bid is also
recommended to account for unknowns that might be encountered on the project. This 10% will
only be utilized, if necessary, to account for items not already in the plans.
Chavez Construction Inc. Bid Amount $ 1,218,957.10
10% Contingency $ 121,895.71
Total Authorized Amount $ 1,340,852.81
The funding source for the roadway work is the Road and Bridge account within the Public
Improvement Fund. Funds for the Miller Field parking lot will come from the Police Headquarters
Fund. Funds for the Acoma parking lot will come from the Facilities & Operations line item of the
Capital Projects Fund.
ALTERNATIVES:
One alternative would be to modify the amount of work being completed. The other alternative
would be to not resurface the streets, which would cause them to deteriorate at a faster rate and
require more costly future maintenance work.
CONCLUSION:
The bidding process resulted in a low bidder, Chavez Construction Inc., which was $467,765.65
less than the Engineer's Estimate. Based on the references contacted, staff is satisfied that
they will perform satisfactorily. Staff recommends awarding a contract to Chavez Construction
Inc. in the amount of $1,218,957.10 for the 2020 Mill and Overlay Project with an allowance for
a 10% contingency, if needed.
ATTACHMENTS:
Bid Tab 2020 Mill and Overlay
2020 Pavement Maintenance Zone Map
Area Map - 2020 Mill and Overlay
2020 Mill and Overlay Contract Approval Summary
Contract Chavez Construction Inc.
Page 130 of 139
BID TABULATION
2020 MILL AND OVERLAY PROJECT
Item #Spec.Item Units Quantity Unit Price Total Cost Unit Price Total Cost Cal.Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost
1 32.01 Mobilization LS 1 $75,000.00 $75,000.00 30,000.00$ 30,000.00$ 73,759.11$ 73,759.11$ 88,650.00$ 88,650.00$ 64,400.00$ 64,400.00$ 95,000.00$ 95,000.00$ 38,230.00$ 38,230.00$ 65,500.00$ 65,500.00$
2 32.02 Pavement Removal-Planing,
2" Depth SY 62,699 $3.00 $188,097.00 1.15$ 72,103.85$ 1.99$ 124,771.01$ 1.75$ 109,723.25$ 1.75$ 109,723.25$ 2.35$ 147,342.65$ 1.50$ 94,048.50$ 1.75$ 109,723.25$
3 32.03 Pavement Removal-Full
Depth SY 2,727 $20.00 $54,540.00 7.00$ 19,089.00$ 4.45$ 12,135.15$ 3.20$ 8,726.40$ 3.10$ 8,453.70$ 6.25$ 17,043.75$ 9.55$ 26,042.85$ 22.50$ 61,357.50$
4 32.04 Earthwork CY 342 $80.00 $27,360.00 38.00$ 12,996.00$ 37.76$ 12,913.92$ 41.00$ 14,022.00$ 48.00$ 16,416.00$ 55.00$ 18,810.00$ 41.80$ 14,295.60$ 31.30$ 10,704.60$
5 32.05 Subgrade Preparation SY 1,043 $8.00 $8,344.00 8.00$ 8,344.00$ 4.07$ 4,245.01$ 3.10$ 3,233.30$ 7.50$ 7,822.50$ 6.75$ 7,040.25$ 2.70$ 2,816.10$ 4.90$ 5,110.70$
6 32.06 Remove Sidewalk SF 523 $2.00 $1,046.00 2.00$ 1,046.00$ 1.61$ 842.03$ 6.85$ 3,582.55$ 4.00$ 2,092.00$ 3.50$ 1,830.50$ 5.65$ 2,954.95$ 3.60$ 1,882.80$
7 32.07 Remove Curbwalk SF 11,173 $10.00 $111,730.00 1.25$ 13,966.25$ 1.56$ 17,429.88$ 6.70$ 74,859.10$ 5.00$ 55,865.00$ 3.50$ 39,105.50$ 3.70$ 41,340.10$ 3.60$ 40,222.80$
8 32.08 Remove Crosspan SF 2,246 $2.00 $4,492.00 1.25$ 2,807.50$ 2.11$ 4,739.06$ 8.75$ 19,652.50$ 5.00$ 11,230.00$ 4.50$ 10,107.00$ 6.00$ 13,476.00$ 6.65$ 14,935.90$
9 32.09 Remove Vertical Curb &
Gutter LF 973 $8.00 $7,784.00 4.00$ 3,892.00$ 11.12$ 10,819.76$ 20.20$ 19,654.60$ 12.00$ 11,676.00$ 10.00$ 9,730.00$ 15.20$ 14,789.60$ 3.05$ 2,967.65$
10 32.10 Base Course TON 300 $75.00 $22,500.00 26.00$ 7,800.00$ 45.39$ 13,617.00$ 29.30$ 8,790.00$ 25.00$ 7,500.00$ 46.00$ 13,800.00$ 19.70$ 5,910.00$ 81.95$ 24,585.00$
11
32.11
Asphalt Pavement Material (
Surface Course, PG 64-22
(SX)(75) )
TON 7,000
$90.00 $630,000.00 88.00$ 616,000.00$ 69.18$ 484,260.00$ 63.40$ 443,800.00$ 69.50$ 486,500.00$ 70.50$ 493,500.00$ 73.90$ 517,300.00$ 83.60$ 585,200.00$
12
32.12
Asphalt Pavement Material
(Parking Lots - Full Depth, PG
64-22 (S) (75) )
TON 829
$110.00 $91,190.00 89.00$ 73,781.00$ 73.41$ 60,856.89$ 75.40$ 62,506.60$ 76.50$ 63,418.50$ 76.75$ 63,625.75$ 86.40$ 71,625.60$ 88.40$ 73,283.60$
13
32.13
Asphalt Pavement Material (
Pavement Patch, PG 64-22
(S)(75) )
TON 350
$140.00 $49,000.00 89.00$ 31,150.00$ 135.10$ 47,285.00$ 121.00$ 42,350.00$ 155.00$ 54,250.00$ 130.00$ 45,500.00$ 110.00$ 38,500.00$ 197.00$ 68,950.00$
14
32.14
Asphalt Pavement Material (
Curb Patch Back, PG 64-22
(S)(75) )
TON 80
$140.00 $11,200.00 110.00$ 8,800.00$ 197.37$ 15,789.60$ 210.00$ 16,800.00$ 330.00$ 26,400.00$ 130.00$ 10,400.00$ 166.00$ 13,280.00$ 197.00$ 15,760.00$
15 32.15 Emulsified Tack Coat GAL 6,270 $4.00 $25,080.00 3.00$ 18,810.00$ 3.00$ 18,810.00$ 2.95$ 18,496.50$ 3.25$ 20,377.50$ 3.20$ 20,064.00$ 1.80$ 11,286.00$ 4.40$ 27,588.00$
16 32.16 Concrete Sidewalk, 4"SF 403 $5.00 $2,015.00 5.00$ 2,015.00$ 6.28$ 2,530.84$ 8.70$ 3,506.10$ 7.35$ 2,962.05$ 6.20$ 2,498.60$ 7.80$ 3,143.40$ 6.40$ 2,579.20$
17 32.17 Concrete Sidewalk, 6"SF 108 $6.25 $675.00 5.50$ 594.00$ 9.12$ 984.96$ 10.55$ 1,139.40$ 8.00$ 864.00$ 6.80$ 734.40$ 7.85$ 847.80$ 7.05$ 761.40$
18 32.18 Concrete Sidewalk, 8"SF 50 $8.10 $405.00 6.50$ 325.00$ 12.23$ 611.50$ 13.70$ 685.00$ 9.00$ 450.00$ 9.00$ 450.00$ 12.70$ 635.00$ 12.80$ 640.00$
19 32.19 Concrete Curbwalk, 4"SF 197 $5.00 $985.00 6.50$ 1,280.50$ 6.12$ 1,205.64$ 9.50$ 1,871.50$ 8.60$ 1,694.20$ 7.00$ 1,379.00$ 15.20$ 2,994.40$ 7.45$ 1,467.65$
20 32.20 Concrete Curbwalk, 6"SF 11,033 $6.25 $68,956.25 7.00$ 77,231.00$ 8.90$ 98,193.70$ 9.50$ 104,813.50$ 14.75$ 162,736.75$ 10.90$ 120,259.70$ 16.30$ 179,837.90$ 7.95$ 87,712.35$
21 32.21 Concrete Curbwalk, 8"SF 225 $8.10 $1,822.50 8.00$ 1,800.00$ 12.70$ 2,857.50$ 13.70$ 3,082.50$ 10.50$ 2,362.50$ 10.90$ 2,452.50$ 17.50$ 3,937.50$ 12.80$ 2,880.00$
22 32.22 Detectable Warnings SF 750 $10.00 $7,500.00 9.00$ 6,750.00$ 80.08$ 60,060.00$ 50.70$ 38,025.00$ 49.50$ 37,125.00$ 50.50$ 37,875.00$ 102.00$ 76,500.00$ 35.85$ 26,887.50$
23 32.23 Vertical Curb & Gutter LF 973 $35.00 $34,055.00 22.00$ 21,406.00$ 32.25$ 31,379.25$ 31.70$ 30,844.10$ 30.95$ 30,114.35$ 30.00$ 29,190.00$ 32.60$ 31,719.80$ 24.60$ 23,935.80$
24 32.24 Crosspan SF 2,162 $12.00 $25,944.00 9.00$ 19,458.00$ 12.96$ 28,019.52$ 17.95$ 38,807.90$ 10.50$ 22,701.00$ 13.50$ 29,187.00$ 12.70$ 27,457.40$ 13.85$ 29,943.70$
25
32.25 Electrical or Communication
Line Lowering
LF 30
$50.00 $1,500.00 50.00$ 1,500.00$ 67.60$ 2,028.00$ 90.00$ 2,700.00$ 75.00$ 2,250.00$ 185.00$ 5,550.00$ 179.50$ 5,385.00$ 500.00$ 15,000.00$
26 32.26 Preformed Thermoplastic
Pavement Markings, L & S SF 554 $35.00 $19,390.00 29.00$ 16,066.00$ 23.44$ 12,985.76$ 22.70$ 12,575.80$ 26.00$ 14,404.00$ 24.00$ 13,296.00$ 25.10$ 13,905.40$ 22.55$ 12,492.70$
27
32.27 Preformed Thermoplastic
Pavement Markings, SB & CW SF 1,520
$25.00 $38,000.00 19.00$ 28,880.00$ 9.00$ 13,680.00$ 8.70$ 13,224.00$ 10.00$ 15,200.00$ 9.00$ 13,680.00$ 13.70$ 20,824.00$ 13.30$ 20,216.00$
28 32.28 Pavement Marking Paint SF 4,056 $2.00 $8,112.00 4.75$ 19,266.00$ 1.31$ 5,313.36$ 1.30$ 5,272.80$ 1.50$ 6,084.00$ 1.35$ 5,475.60$ 1.30$ 5,272.80$ 0.95$ 3,853.20$
29 32.29 Erosion & Sediment Control LS 1 $10,000.00 $10,000.00 8,000.00$ 8,000.00$ 2,626.35$ 2,626.35$ 5,250.00$ 5,250.00$ 6,500.00$ 6,500.00$ 12,750.00$ 12,750.00$ 4,630.00$ 4,630.00$ 10,500.00$ 10,500.00$
30 32.3 Work Zone Traffic Control LS 1 $90,000.00 $90,000.00 34,000.00$ 34,000.00$ 103,339.47$ 103,339.47$ 108,900.00$ 108,900.00$ 91,500.00$ 91,500.00$ 115,000.00$ 115,000.00$ 96,300.00$ 96,300.00$ 250,000.00$ 250,000.00$
31 32.31 Portable Variable Message
Sign EA 4 $2,500.00 $10,000.00 1,200.00$ 4,800.00$ 4,955.75$ 19,823.00$ 3,800.00$ 15,200.00$ 5,464.25$ 21,857.00$ 2,700.00$ 10,800.00$ 4,113.00$ 16,452.00$ 5,530.00$ 22,120.00$
32 32.32 Resident Notification LS 1 $10,000.00 $10,000.00 50,000.00$ 5,000.00$ 2,513.31$ 2,513.31$ 4,250.00$ 4,250.00$ 607.00$ 607.00$ 905.00$ 905.00$ 451.00$ 451.00$ 8,500.00$ 8,500.00$
33 31 Minor Contract Revisions EA 50,000 $1.00 $50,000.00 1.00$ 50,000.00$ 1.00$ 50,000.00$ 1.00$ 50,000.00$ 1.00$ 50,000.00$ 1.00$ 50,000.00$ 1.00$ 50,000.00$ 1.00$ 50,000.00$
Total Cost:$1,686,722.75 Total Cost:1,218,957.10$ Total Cost:1,340,425.58$ Total Cost:1,374,994.40$ Total Cost:1,415,536.30$ Total Cost:1,444,382.20$ Total Cost:1,446,188.70$ Total Cost:1,677,261.30$
RME Ltd., LLC dba Elite Surface
Infrastructure.Schmidt Construction CompanyEngineers Estimate Chavez Construction Inc.Martin Marietta Materials, Inc.Aggregate Industries - WCR, Inc.
Brannan Sand and Gravel Company,
LLC Asphalt Specialties Company, Inc.Page 131 of 139
2020(Zone 2)
(Zone 4)2020
(Zone 3)2020 BroadwayDelawareLoganClarksonDowningFranklinFederalSanta Fe DrivePlatte RiverD riveZuniTejonRaritanUniversityGilpinLehow
WindermereBroadwayHickoryLowellIrvingEv a n s
Il i f f
D a r tm o u t h
P r e n t i ce
Be l le v i e w
C h en a n g o
T u f t s
H a r v a rd
Ya l e
U S 28 5
A m h e r s t
D a r tm o u t h
Fl o y d
US 2 8 5
Ke n y o n
M a n sf ie l d
O x f o r d
Q u i nc y
S t a n fo r d
U n i o n
C h e n an g o
B e l le v i e w
U n i o n
PRINTED: 2019-01-15 15:19 DRAWN BY: JDL
2020 PavementManagement Zones
¶N
January 15, 2019
Corrective
Routine
Preventive
Page 132 of 139
CHEROKEEQUINCY
NAVAJOWINDERMEREOXFORD
BROADWAYBROADWAYTUFTS
Page 133 of 139
Contract Approval Summary
10/11/2019
Page | 1
Contact Identification Information (to be completed by the City Clerk)
ID number: Authorizing Resolution/Ordinance:
Recording Information:
City Contact Information
Staff Contact Person: Frank N. Main Phone: (303) 762-2510
Title: Construction Manager Email: fmain@englewoodco.gov
Vendor Contact Information
Vendor Name:
Chavez Construction, Inc.
Vendor Contact: Isabel Chavez
Vendor Address: 3911 Norwood Drive, Unit C Vendor Phone: (303) 979-3757
City: Littleton Vendor Email:
Isabel@chavezconstructioninc.com
State: CO Zip Code: 80125
Contract Type
Contract Type:Construction Agreement
Description of Contract Work/Services:
Attachments:
☒Contract -- ☐Original ☒Copy
☐Addendum(s)
☒Exhibit(s)
☐Certificate of Insurance
Summary of Terms:
Start Date: July 2020 End Date: October 2020 Total Years of Term: n/a
Total Amount of Contract for term (or estimated amount
if based on item pricing):
$1,218,957.10
This project will complete the following elements:
The work to be performed under this contract includes removal and replacement of existing
concrete including crosspan, sidewalk, curbwalk, curb and gutter, curb ramps, asphalt
patching, milling of existing asphalt pavement, asphalt resurfacing and pavement markings
replacement. The following streets are included in this project:
• W. Quincy Ave. from (S. Navajo St. to S. Broadway including 36 ADA Ramps)
• W. Tufts Ave. from (S. Navajo St. to S. Cherokee St. including 39 ADA Ramps)
• S. Navajo St. from (W. Tufts Avenue to W. Oxford Ave. including 14 ADA Ramps)
• S. Windermere St. from (W. Layton Ave. to W. Tufts Ave. including 5 ADA Ramps)
Also included in this project is the reconstruction of the Two parking lots will be
reconstructed of the Police department parking lot located off S. Elati St. and the fire
department station 38 located off S. Acoma St.
Page 134 of 139
Contract Approval Summary
10/11/2019
Page | 2
If Amended: Original Amount
$
Amendment Amount
$
Total as Amended:
$
Renewal options available:
Payment terms (please
describe terms or attach
schedule if based on
deliverables):
The City will pay Vendor for the work in accordance with the
following payment schedule. This schedule will include
monthly payments. Monthly payments will be made upon
work completed and the approval of the invoice.
Attachments:
☐Copy of original Contract if this is an amendment
☒Copies of related Contracts/Conveyances/Documents
Source of funds:
Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov):
☐Prior Month-End Project Status and Fund Balance Report
Process for Choosing Vendor:
☒Bid: ☐ Bid Evaluation Summary attached
☒ Bid Response of proposed awardee
☐RFP: ☐ RFP Evaluation Summary attached
☐ RFP Response of proposed awardee
☐Quotes: Copy of Quotes attached
☐Sole Source: Explain Need below
☐Other: Please describe
CAPITAL ONLY A B C 1 = A-B-C
Capital
Operating Year
Tyler / New World
Project # / Task#Fund Division Object Line Item Description Budget
Spent to
Date
Contract
Amount
Budget
Remaining
C 2020 30 1001 001 Road and Bridge Contract 2,511,128.86$ 279,607.83$ 1,218,957.10$ 1,012,563.93$
C 2020 30 1001 001 Road and Bridge Contingency -$ -$ 121,895.71$ (121,895.71)$
-$
-$
Total by Fund and Current Year 2,511,128.86$ 279,607.83$ 1,340,852.81$ 890,668.22$
C 2021 -$ -$ -$ -$
O 2021 -$ -$ -$ -$
Total by Fund and Next Year -$ -$ -$ -$
Grand Total 2,511,128.86$ 279,607.83$ 1,340,852.81$ 890,668.22$
NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment - Prior Month Project Status
and Fund Balance Report
CAPITAL & OPERATING EXPENSE
Page 135 of 139
Contract Approval Summary
10/11/2019
Page | 3
The City issued an invitation to bid on May 18, 2020 and received seven (7) bids
in response on June 4th, 2020. The total from the lowest bidder, Chavez
Construction Inc., was $1,218,957.10 which was 28% less than City staff's
estimate.
Page 136 of 139
CONSTRUCTION CONTRACT AGREEMENT
CONTRACT # CFC/20-39
$1,218,957.10
THIS CONSTRUCTION CONTRACT AGREEMENT (“Agreement”) is made and
entered into effective this 11th day of June 2020, (“Effective Date”),
by and between the CITY OF ENGLEWOOD, a Colorado home rule municipality whose address
is 1000 Englewood Parkway, Englewood, Colorado 80110, (“City”), and Chavez Construction,
Inc. (“Contractor”) whose principal address is 3911 Norwood Drive, Unit C, Littleton, CO 80125.
WHEREAS, the City desires to retain the services of Contractor, and Contractor desires
to provide the services to the City.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
in this Agreement, the sufficiency of which is hereby acknowledged, the parties agree as follows:
I. PROJECT.
A. Project. Contractor shall commence and complete the 2020 Mill & Overlay, “PW
20-14 (“Project”), in accordance with the Contract Documents, as defined below. Contractor shall,
at its own expense, do all Work in a professional and workmanlike manner and furnish all labor,
materials, tools, supplies, machinery, utilities, permits, licenses, and other equipment and
documents that may be necessary for the completion of the Project.
B. Commencement and Completion of the Project. Contractor understands and agrees
that all Work required under this Agreement shall be fully completed, as set forth in the Contract
Documents, this contract shall have a completion date of October 31st, 2020. Contractor
acknowledges and understands that it is an essential term of this Agreement that Contractor
maintain a rate of progress in the Work that will result in the completion of the Project in
accordance with the Contract Documents, and to that end, Contractor agrees to proceed with all
due diligence to complete the Work in a timely manner in accordance with the Contract
Documents.
C. Contract Documents; Priority. The term “Contract Documents” includes the
following documents, set forth below, and incorporated herein. In resolving inconsistencies among
the two or more of the Contract Documents, precedence will be given in the same order as
enumerated here.
Page 137 of 139
1. Construction Contract Agreement;
2. Construction Specifications
3. General Conditions;
4. Notice to Proceed;
5. Change Orders (by date);
6. The Following Drawings; as contained in the Invitation to Bid:
Sheets 1 – 53 2020 Mill and Overlay ITB-20-020 5/18/2020
Number Title Date
7. Contractor’s Bid Proposal and any Acknowledged Addenda.
II. COMPENSATION.
A. Contract Price. As compensation for performance of the Work described in the
Contract Documents and any other obligations under this Agreement, the City will pay Contractor,
for work actually performed, a sum not to exceed One Million, Two Hundred Eighteen
Thousand, Nine Hundred Fifty Seven Dollars and Ten Cents. ($1,218,957.10.00), subject to
Change Orders, executed in accordance with the Contract Documents.
III. NOTICES.
Except for routine communications and as provided in the General Conditions, written
notices required under this Agreement and all other correspondence between the parties will be
directed to the following and will be deemed received when hand-delivered or three (3) days after
being deposited in the United States Mail, first class, postage pre-paid unless the parties agree to
electronic delivery of correspondence:
It to the City:
Frank N. Main, Construction Manager
City of Englewood Public Works
1000 Englewood Parkway
Englewood, Colorado 80110
fmain@englewoodco.gov
If to the Contractor:
Isabel Chavez, President
Chavez Construction Inc.
3911 Norwood Drive, Unit C
Littleton, CO 80125
Isabel@chavezconstructioninc.com
IV. MISCELLANEOUS CONDITIONS.
A. Authority. The parties represent and warrant that they have taken all actions
necessary to legally authorize the undersigned signatories to execute this Agreement for the parties
and to bind the parties to its terms. The signatories represent and warrant that each has legal
authority to execute this Agreement for the party he or she represents and to bind that party to its
terms.
Page 138 of 139
B. Counterparts. This Agreement may be executed in any number of counterparts,
each deemed to be an original, and, taken together will constitute one and same instrument.
C. Entire Agreement. By signing this Agreement the Contractor acknowledges,
accepts and is hereby bound by the Agreement, its attachments and/or exhibits, including those
listed in I (C) above, and that this is the entire understanding of the parties relating to the subject
matter of this Agreement. All prior and contemporaneous agreements and understandings, whether
oral or written, are superseded by this Agreement and are without effect nor do they vary or alter
any terms or conditions of this Agreement. Any alterations or amendments to the Special
Conditions or General Conditions shall have no force or effect unless agreed to in writing by the
Parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date, first
above written.
CITY OF ENGLEWOOD, COLORADO
By:_
Name, Director of Public Work
By:_
Name, City Manager
By:_
Name, Mayor of Englewood
Attest:
By:_
Name, City Clerk
CONTRACTOR NAME
By:_ Isabel Chavez (President)
Name and Title
Date:
Date:
Date: June 11, 2020
Isabel Chavez (President)
(Print Name and Title)
Page 139 of 139