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Home My WebLink About2019-02-19 (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. 1000 Englewood Pkwy – Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Tuesday, February 19, 2019 ♦ 7:00 PM 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of February 4, 2019. City Council Regular - 04 Feb 2019 - Minutes - Pdf 6. 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. Only those who meet the deadline can speak in this section. (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 presen tation to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. a. Olivia Casa-Monday, an Englewood resident, will address Council regarding Friends of Englewood Parks. b. Kate Truesdale, an Englewood resident, will address Council regarding Friends of Englewood Parks. c. Kathleen Bailey, an Englewood resident, will address Council regarding the 1999 storm drainage infrastructure study. 6c handout d. Vicki Hoffmann will address Council regarding drainage. e. C. Ann Dickerson, an Englewood resident, will address Council. 6e handout f. Joe Anderson, an Englewood resident, will address Council. g. Doug Cohn, an Englewood resident, will address Council regarding historic preservation. 7. Recognition of Unscheduled Public Comment Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. (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 qu estions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion.) Written materials for Page 1 of 247 Englewood City Council Regular Agenda February 19, 2019 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. presentation to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. A Council Member will respond to Public Comment. 8. Communications, Proclamations, and Appointments 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB 5 - Cherry Hills Village Wastewater Connector's Agreement CB 5 - Cherry Hills Village Wastewater Connector's Agreement - Pdf Staff recommends City Council approve a Bill for an Ordinance for the Cherry Hills Village Wastewater Connector's Agreement renewal. Staff: Utilities Director Tom Brennan b. Approval of Ordinances on Second Reading. c. Resolutions and Motions i. Meadow Creek Flume Replacement and Telemetry Installation Meadow Creek Flume Replacement and Telemetry Installation - Pdf Staff recommends City Council approval, by Motion, of an invoice from Denver Water for the flume replacement and telemetry installation in the amount of $134,087.00. Staff: Utilities Director Tom Brennan 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 6 - Standard Definitions CB 6 - Standard Definitions - Pdf Staff recommends Council approve a Bill for an Ordinance to approve Standard Definitions. Staff: Finance and Administrative Services Director Maria Sobota b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. 2019 Fee and Rate Schedule Resolution 2019 Fee and Rate Schedule Resolution - Pdf Staff recommends City Council approve the attached 2019 Fee and Rate Schedule through Resolution (Attachment 1 - Proposed New or Increased City Fees and Rates for 2019 Revised). Staff: Finance and Administrative Services Director Maria Sobota ii. Professional Services Agreement for Legal Services with Kaplan Kirsch Rockwell Page 2 of 247 Englewood City Council Regular Agenda February 19, 2019 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Professional Services Agreement for Legal Services with Kaplan Kirsch Rockwell LLP - Pdf Staff recommends that City Council approve a Professional Services Agreement with Kaplan Kirsch Rockwell LLP to serve as Special Counsel in connection with ground lease matters and redevelopment issues associated with the upcoming sale of the former Weingarten Realty property at CityCenter. Staff: Redevelopment Manager Dan Poremba iii. DDI Training Contract DDI Training Contract - Pdf Staff recommends that Council approve, by Motion, a contract with Development Dimensions International, Inc. (DDI) to provide customized training for all city employees. Staff: Human Resources Director Maria Gonzalez iv. DRCOG/Arapahoe County 2020-2023 TIP Subregional Application - Authorization for Mayor to sign a letter of support, including financial contribution - Oxford Pedestrian Bridge DRCOG/Arapahoe County - Oxford Pedestrian Bridge - Pdf Staff recommends authorizing, by motion, the Mayor to sign the attached draft letter of support and financial contribution of $400,000 in support of the city of Englewood's subregional DRCOG/Arapahoe County grant submittal for the Oxford Pedestrian Bridge. Staff: Public Works Director Maria D'Andrea v. DRCOG/Arapahoe County 2020-2023 TIP Subregional Application - Authorization for Mayor to sign a letter of support, including financial contribution - US 285/Broadway Interchange Reconstruction DRCOG/Arapahoe County - US 285/Broadway Interchange Reconstruction - Pdf Staff recommends authorizing, by motion, the Mayor to sign the attached draft letter of support and financial contribution of $1,100,000 in support of the city of Englewood's subregional DRCOG/Arapahoe County grant submittal for the US 285/Broadway Interchange Reconstruction. Staff: Public Works Director Maria D'Andrea vi. DRCOG/Arapahoe County 2020-2023 TIP Subregional Application - Authorization for Mayor to sign a letter of support, including financial contribution - US 285 Congestion Mitigation and Operational Improvements Study DRCOG/Arapahoe County - US 285 Congestion Mitigation and Operational Improvements Study - Pdf Staff recommends authorizing, by motion, the Mayor to sign the attached draft letter of support and financial contribution of $140,000 in support of the city of Englewood's subregional DRCOG/Arapahoe County grant submittal for the US 285 Congestion Mitigation and Operations Improvements Study. Staff: Public Works Director Maria D'Andrea vii. Slate Communications Contract for Communications Support Slate Communications Contract for Communications Support - Pdf Staff recommends City Council approve, by Motion, a contract with Slate Communications to provide communications support, including production of the quarterly Citizen magazine and Recreation Guide as well as consulting for special events and marketing initiatives as requested. Staff: Interim City Page 3 of 247 Englewood City Council Regular Agenda February 19, 2019 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Manager Dorothy Hargrove. 12. General Discussion a. Mayor's Choice i. Executive Session for a conference with the City Attorney for the purpose of receiving legal advice to review active litigation and issues associated with active litigation under C.R.S. Section 24-6-402(4)(b). ii. Executive Session for discussion of specialized details of security arrangements or investigations under C.R.S. Section 24-6-402 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). iii. Any actions or decisions necessary regarding security arrangements. b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 4 of 247 MINUTES City Council Regular Meeting Monday, February 4, 2019 1000 Englewood Pkwy – Council Chambers 7:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Olson at 7:06 p.m. 2 Invocation The invocation was given by Council Member Wink. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Wink. 4 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Rita Russell Council Member Othoniel Sierra Council Member Laurett Barrentine Council Member Dave Cuesta Council Member Amy Martinez Council Member Cheryl Wink COUNCIL ABSENT: None STAFF PRESENT: Interim City Manager Hargrove City Attorney McKenney Brown City Clerk Carlile Deputy City Clerk McKinnon Director Brennan, Utilities Director Power, Community Development Director Sobota, Finance and Administrative Services Director Van Ry, South Platte Water Renewal Partners Acting Director Lee, Parks/Recreation and Library Planning Manager Burkholder, Community Development Senior Facility Supervisor-Aquatics Anderson, Parks and Recreation Senior Financial Analyst Nolan, Finance and Administrative Services Page 1 of 12 Draft Page 5 of 247 City Council Regular February 4, 2019 Planner II Vorboril, Community Development Technical Support Specialist II Munnell, Information Technology Deputy Police Chief Watson, Police Department Police Officer Martinez, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of January 22, 2018. Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 22, 2019. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) C.A. Dickerson, an Englewood resident, addressed Council regarding Code Enforcement Advisory Committee. b) JJ Marrgiotta, an Englewood resident, was scheduled to address Council but was not present. c) John Doll addressed Council regarding City sewage backup at 1300 E. Bates Pkwy. d) Jerry Walker, an Englewood resident, addressed Council regarding the Code Enforcement Advisory Committee and City Council. e) Vicki Hoffman addressed Council regarding Englewood Environmental Foundation, storm drainage and City Council. f) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. 7 Recognition of Unscheduled Public Comment Page 2 of 12 Draft Page 6 of 247 City Council Regular February 4, 2019 a) Judy Dunlop, an Englewood resident, addressed Council regarding Code Enforcement Advisory Committee. b) Colleen Moore, an Englewood resident, addressed Council regarding Code Enforcement Advisory Committee. c) Paul Skizinski, an Englewood resident, addressed Council regarding Accessory Dwelling Units. d) Steve Ward, an Englewood resident, addressed Council regarding the City budget. e) Scott Marsh, an Englewood resident, addressed Council regarding Code Enforcement Advisory Committee. f) Karl Onsager, an Englewood resident, addressed Council regarding Code Enforcement Advisory Committee. g) Janice Brown, an Englewood resident, addressed Council regarding Code Enforcement Advisory Committee. Council Member Cuesta Responded to Public Comment. 8 Communications, Proclamations, and Appointments a) Council recognized newly appointed Boards and Commission members: Alliance for Commerce in Englewood Tyler Hood – Regular Board of Adjustment and Appeals Randal Friesen – Reappointment Andy Taylor – Reappointment Kristen Schledorn – Regular Cultural Arts Commission Laura Bernero – Regular Clarice Ambler – Regular Mark Hessling – Alternate Dustin Trevino – Youth Election Commission Deborah Ward – Regular Historic Preservation Commission Jason O’brien – Regular Keep Englewood Beautiful Charles Ferro – Regular Annie Barrow – Regular Michael Chisholm – Reappointment Page 3 of 12 Draft Page 7 of 247 City Council Regular February 4, 2019 Jennifer Heller – Reappointment Keely Sugden – Reappointment Malley Center Trust Fund Joseph DeMoor – Reappointment Non-Emergency Retirement Board James Woodward – Reappointment Planning and Zoning Commission Adam Willis – Regular Kate Fuller – Alternate Carolyn Moershel – Regular Police Pension Board Deborah Ward – Regular Public Library Board Maria Hotta – Regular Sara Harkness – Regular Scott Gilbert – Reappointment Transportation Advisory Committee Patrick Lewis – Reappointment Chris Diedrich – Reappointment Water and Sewer Board John Moore – Reappointment Urban Renewal Authority Justin Wipf – Regular 9 Consent Agenda Items Moved by Council Member Sierra seconded by Council Member Wink to approve Consent Agenda Items 9(b)(i-iii) and 9(c)(ii and iii). Mayor Pro Tem Russell removed agenda item 9 (c)(i) and 9 (c)(iv) from the Consent Agenda. a) Approval of Ordinances on First Reading There were no Ordinances on First Reading. b) Approval of Ordinances on Second Reading. i) CB 2 - Valley Sanitation Interceptor Relocation Project Page 4 of 12 Draft Page 8 of 247 City Council Regular February 4, 2019 ORDINANCE NO. 8, SERIES OF 2019 (COUNCIL BILL NO. 2, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE GRANTING THREE PERMANENT EASEMENTS AND ONE TEMPORARY CONSTRUCTION EASEMENT TO THE VALLEY SANITATION DISTRICT FOR THE CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER LIFT STATION LOCATED IN THE NORTH PARKING LOT OF CENTENNIAL PARK, THE CONSTRUCTION AND INSTALLATION OF 3,300 FEET OF SANITARY SEWER LINE RUNNING NORTHEAST UNDER SOUTH DECATUR STREET TO THE LIFT STATION, AND THE CONSTRUCTION AND INSTALLATION OF 69 FEET OF SANITARY SEWER LINE ALONG SOUTH CLAY STREET WITHIN THE CITY OF ENGLEWOOD TO PROVIDE SANITARY SEWER SERVICE AND TREATMENT AT SOUTH PLATTE WATER RENEWAL PARTNERS WASTEWATER TREATMENT PLANT. ii) CB 3 - SPWRP - Beichle Farm Property Lease 2018 ORDINANCE NO. 9, SERIES OF 2019 (COUNCIL BILL NO. 3, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AUTHORIZING A FARM LEASE AGREEMENT FOR 471 ACRES BETWEEN THE SOUTH PLATTE WATER RENEWAL PARTNERS BIOSOLIDS MANAGEMENT PROGRAM AND KENT BEICHLE PLANT. iii) CB 4 - Intergovernmental Agreement (IGA) with Colorado Department of Transportation (CDOT) for Transportation Demand Management (TDM) Grant Funding Reimbursement for the Oxford Avenue First and Last Mile Connections Bicycle Lanes and Sharrow Markings Project ORDINANCE NO. 10, SERIES OF 2019 (COUNCIL BILL NO. 4, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AND THE CITY OF ENGLEWOOD FOR THE ACCEPTANCE OF TRANSPORATION DEMAND MANAGEMENT (TDM) GRANT FUNDS FOR THE OXFORD AVENUE: FIRST AND LAST MILE CONNECTIONS. c) Resolutions and Motions i) Purchase Swimming Pool Chemicals [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Page 5 of 12 Draft Page 9 of 247 City Council Regular February 4, 2019 Moved by Council Member Cheryl Wink Seconded by Council Member Rita Russell RESOLUTION NO. 34, SERIES OF 2019 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF SWIMMING POOL CHEMICALS FROM CEM SALES AND SERVICE UNDER THE TERMS OF THE COLORADO MULTIPLE ASSEMBLY OF PROCUREMENT OFFICIALS (MAPO) COOPERATIVE PURCHASING AGREEMENT. For Against Abstained Linda Olson x Rita Russell (Seconded By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Moved By) x 7 0 0 Motion CARRIED. ii) 2019 Snow & Ice Removal Chemicals Purchase & Delivery RESOLUTION NO. 32, SERIES OF 2019 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF FUEL FROM ENVIROTECH SERVICES, INC. UNDER THE TERMS OF THE COLORADO DEPARTMENT OF TRANSPORTATION COOPERATIVE PURCHASING AGREEMENT. iii) 2019 Bulk Fuel Purchase & Delivery RESOLUTION NO. 33, SERIES OF 2019 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF FUEL FROM HILL PETROLEUM UNDER THE TERMS OF THE COLORADO MULTIPLE ASSEMBLY OF PROCUREMENT OFFICIALS (MAPO) COOPERATIVE PURCHASING AGREEMENT. iv) Contract for Englewood Trolley Services [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Page 6 of 12 Draft Page 10 of 247 City Council Regular February 4, 2019 Moved by Council Member Amy Martinez Seconded by Council Member Rita Russell Motion approving a contract between the City of Englewood and MV Transportation, Inc. for the 2019 management, operation, and maintenance of the Englewood Trolley. The contract amount is $399,192.00. For Against Abstained Linda Olson x Rita Russell (Seconded By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink x 7 0 0 Motion CARRIED. Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink Motion to approve Consent Agenda Items 9(b)(i-iii) and 9(c)(ii) and (iii). For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra (Moved By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions Page 7 of 12 Draft Page 11 of 247 City Council Regular February 4, 2019 a) Approval of Ordinances on First Reading There were no Ordinances on First Reading. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading. (See Agenda Items 9(b)(i-iii). c) Resolutions and Motions i) Application for VALE Grant Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink RESOLUTION NO. 35, SERIES OF 2019 A RESOLUTION AUTHORIZING THE APPLICATION FOR A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. ii) OpenGov and Workiva Proposal through the SHI International State Contract Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez Motion approving the OpenGov and Workiva software proposal through the SHI International Colorado State contract, in the amount of $81,000.00. For Against Abstained Linda Olson x Page 8 of 12 Draft Page 12 of 247 City Council Regular February 4, 2019 Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink x 7 0 0 Motion CARRIED. iii) 2019 Fee and Rate Schedule Resolution Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine Motion to remove the one time charge of 5%. For Against Abstained Rita Russell (Moved By) x Laurett Barrentine (Seconded By) x Linda Olson x Othoniel Sierra x Dave Cuesta x Amy Martinez x Cheryl Wink x 5 2 0 Motion CARRIED. Motion by Council Member Wink seconded by Council Member Martinez to approve the 2019 Fee and Rate Schedule as amended. Motion by Council Member Cuesta seconded by Council Member Barrentine to remove the line item referring to the turn on fee going to $35.00. Motion by Council Member Cuesta seconded by Council Member Barrentine to remove 2 line items from the fees: Turn off fee of $35.00 and turn on fee of $35.00. Council Member Cuesta withdrew his Motions. Moved by Council Member Dave Cuesta Seconded by Council Member Laurett Barrentine Page 9 of 12 Draft Page 13 of 247 City Council Regular February 4, 2019 Motion to table the 2019 Fee and Rate Schedule to February 19, 2019. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine (Seconded By) x Dave Cuesta (Moved By) x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. ITEM TABLED. iv) Executive Search Firm Contract Approval Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine Motion approving a Professional Services contract with GovHR USA to undertake the search for a new City Manager, in the amount of $22,000.00. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine (Seconded By) x Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. The meeting recessed at 9:08 p.m. for a break. The meeting reconvened at 9:14 p.m. with all Council Members present v) Code Enforcement Advisory Committee Assessment Period Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink Motion approving an eight-week assessment period for the Code Page 10 of 12 Draft Page 14 of 247 City Council Regular February 4, 2019 Enforcement Advisory Committee. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra (Moved By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 4 3 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice i) Executive Session for discussion of specialized details of security arrangements or investigations under C.R.S. Section 24-6-402. This is specifically regarding the Civic Center building. Moved by Council Member Linda Olson Seconded by Council Member Cheryl Wink TO MOVE INTO EXECUTIVE SESSION WITH THE CITY ATTORNEY FOR A CONFERENCE WITH THE CITY ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL FOR SPECIALIZED DETAILS OF SECURITY ARRANGEMENTS OR INVESTIGATIONS UNDER C.R.S. SECTION 24-6-402. SECURITY ARRANGEMENTS ARE SPECIFICALLY FOR THE CIVIC CENTER BUILDING. For Against Abstained Linda Olson (Moved By) x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 7 0 0 Page 11 of 12 Draft Page 15 of 247 City Council Regular February 4, 2019 Motion CARRIED. The meeting recessed at 9:41 p.m. to go into Executive Session. The meeting reconvened at 10:30 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. Council Member Barrentine stated her concern for the record that the matters discussed in the executive session went beyond the scope of the security topics included in the original motion and included matters of policy and law. b) Council Members' Choice 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 10:41 p.m. City Clerk Page 12 of 12 Draft Page 16 of 247 Page 17 of 247 Page 18 of 247 Page 19 of 247 Page 20 of 247 Page 21 of 247 Page 22 of 247 Page 23 of 247 Page 24 of 247 Page 25 of 247 Page 26 of 247 Page 27 of 247 fa....oc_.n:mmmm<<_n:ocnmam. >.._.:mQ2noc:n=m:m__:m<mn:mmcn_..o1n<nomcn:o_._~mn_..mQ2_<_m:mmmnnoocnnzmmm 3330Mmncwo3m:n.omsnmm.3mn:_:mn<.3mnm:m_mm:oomnnmcoo:n:moom:25163. n:nocm::mmon.mn_o:mm:..._<<_n:ocn_.mnm_<_:mmmm_mo.no3omn_<mcamn:m_.m3_.._:n_..m3__o<<_:m mm:m_.m_w_ncmn.o:m”_._:nzmocnnzmmmonmomma.mnc_o3m:n.n.m<_nmm.3mn_.._:m_.<.::mnm_._m_mm:aom_.nmo_.o<Ema n_._mnn:mmm3mmnmm<m__m_u_mo:_<2.9.:o:mmoc_.nmm:n_:om.:..=m_.amsnmmmnmm<m__mc_mon mc_mnommn_mnmnno:_<mm_.<mn_..m:mmamonn_..m02. N._:nrmocnnsmmmonn:mnm:m_m.moc.o3m:n.3mn:_:m_.<o_.nmsnmm<<_._m..mn:m mnm:am_.n=~mn_o:onmcn:3mnm_..m_mm:n_moc_o3m:na:mnmmmm_.<nom:mcnmn_._monoom_. 3:nn_o:_:monmx_mn_:mmnEo3m:n._.:mnE:m_.<onomsnmm23.3.noonm<m:nnsm oco=8n_o:onmx.mn.:mmoc_o3m:n. m.._.:m02_<_m:mmm_.o_.amm_m:mmm:m___._m<mn:mmcn:o_._n<noocnnzmmmmcoo_.mm...:mnm_._m_m23 mnc_o_.:m:n_:mxnmmmonm<mn:ocmm:aoo__m_.m$.u..ooo.oecoo:nsmoom:Bmnxmno_.n:_.ocm: :mmon_mn_o:mmna<<_n:ocnnmnm_<_:wmmm_mn_.no3omn_n_<mcamn:m_.m3n.3n:m3__o<<_:w m.ncmn.o:mm:..._mcEmnnnon_._m3=o<s:mno:n=n_o:m.o_.o<Emn_nrmn:o:monmcn:ocnnzmmmmm:m__ mxnmmon<<m:n<.m<mn:ocmm:oao=m_.ma~m.o8.osH._._:n:moc_.n:mmmonEmnmnn:mnm_.m.93:<n__.m:nm.mmnm<m_<mmm:omam:omm.o_.o<Emn_n_..mn :on_nm.mm_<m:nom__2:3<<_n:=..n:mn_n<o_4m_._:mn_..mEm:n_nm_.nm..:m3..mm_mm:owon...5 m_<m:n_..moooo_.nc:_n<nom_<m_:3_.3m_o_._mmnconmn.o:m3..n:mocnnzmmm. N._:n_..moc_.n:mmmonmm:am_.m<m_mmmnmmmnmmanmmo_._m_n_n3mnm_..m_mnocmcmmo3..mnnmmn 2:.«mom:m:n_3m_:nm:m:nm.ono<Emonzmnm__mcn:o_.=.n_..mmmmm:m__cm:33 coo:mcan n_cm:n_n<_omm_m. m._:n:mocnnzmmmonmomn_m_amsnmmm:n_3mQ.__:m«mom...om_.nm3..con::._o<.:mm:a mnmn_o:m_.<_.:mn:m:.nm_omsnmm.o_.o<Emonzmnn_..mmm_.:mm_.mm<m__mv_mo:_<2.2:o:m mocnnm.m:a:oon_..m_.mm:m..m__<m_3=m_.n_m<_nm_mm<m__m_o_m3.3m:on:mqmocnnm. A._:n:moc_.n:mmmon_.mo_mnm_:m:nomnnmm:n_mnc_o_.:m:n.<<:m:33.33mmmom_.n03 _.mom__.mm_.<_nmnomnc_o3m:no<<:moo_.5333nzmQn<. m._:n:mnm:nm_onmn_c_o:..m:nm:a_.:mn:_:m_.<.u3<a3n:mnn:momzooon«m:nm__m3_.m: .:n_mnm3,__:mnmn_3mm:n_n:m_.m:nm_«mm_m:mmon_mnmocoo:mcanonn_n:momm?. m._:n:mocwnrmmmon3mnm1m_mm:omn_c_o_.:m:n<<:m_.mnzmmnm:n_m_d_~mn_o:onmcn: n:mnm_..m_mm:amoc_o_.:m:n_m:mnmmmm..<nom:wc_.mn:mo_.oomnnc:nn:o:.:monmx_mn_:m moc_o3m:nm:n_\onnoo_.m<m:nn:mqco=nmn3:onmx_mn_:wmnc.o3m:n:mnmmm.nmnmoc<n:m mimnaonm_o<<asnom_nm_.:mnm...:mxmmoc_o_.:m:n<<_..m:mcn:ocnnsmmmmm_.mmxonmmm_< moo_.o<maa<n_..mQ2_<_m:mmmn. O.25De_<_m:mmm_.o_.omm_m:mmm:m__:m<mn:mmcn:o1n<no22.5%no3:._on.=n_mm.mcoo__mm m:omnc_o3m:nc:n_m_.mm:m..m_ca9.ocnnrmmmno:n_.mnnonn:mcanmamnmnmmmo<m_.:3m:n.Page 28 of 247 Page 29 of 247 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tom Brennan DEPARTMENT: Utilities DATE: February 19, 2019 SUBJECT: CB 5 - Cherry Hills Village Wastewater Connector's Agreement DESCRIPTION: CB 5 - Cherry Hills Village Wastewater Connector's Agreement RECOMMENDATION: Staff recommends City Council adopt a Bill for an Ordinance approving the Cherry Hills Village Wastewater Connector's Agreement renewal. PREVIOUS COUNCIL ACTION: City Council approved the Cherry Hills Village Wastewater Connector's Agreement on May 12, 1997. SUMMARY: The City of Englewood provides sanitary sewer treatment to districts outside of the Englewood corporate boundaries through the Connector's Agreement with the district owning and maintaining their sewer mains and facilities. The South Platte Water Renewal Partners wastewater treatment plant is able to receive and treat sewage generated by this district ANALYSIS: The Cherry Hills Village Sanitation District will continue to own the mains and will be responsible for capital improvements in its system. The Englewood Water and Sewer Board approved this renewal at their January 8, 2019 meeting. FINANCIAL IMPLICATIONS: The Cherry Hills Village Sanitation District pays the cost of treating wastewater that is generated in their district. ALTERNATIVES: None CONCLUSION: Staff recommends City Council adopt a Bill for Ordinance approving the Cherry Hills Village Wastewater Connector's Agreement renewal. ATTACHMENTS: Page 30 of 247 Council Bill #5 Wastewater Connector's Agreement Minutes Water and Sewer Board meeting of January 8, 2019. Page 31 of 247 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 5 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE APPROVING A CONNECTOR’S AGREEMENT BETWEEN THE CHERRY HILLS VILLAGE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO WHEREAS, the Englewood City Council approved the original Connector’s Agreement between Cherry Hills Village Sanitation District (“District”) on June 2, 1975; WHEREAS, the Englewood City Council approved a second Connector’s Agreement between Cherry Hills Village Sanitation District on July 7, 1997; WHEREAS, the July 7, 1997 agreement has expired, and a new Connector’s Agreement is therefore needed between the District and City of Englewood; WHEREAS, the Englewood Water and Sewer Board approved this renewal at their January 8, 2019 meeting; WHEREAS, the City of Englewood owns and operates a sewage system, including a sewage treatment plant which is jointly owned and operated with the City of Littleton known as the South Platte Water Renewal Partners Wastewater Treatment Plant (“SPWRP”); WHEREAS, the SPWRP provides sanitary sewer service to districts outside of the Englewood corporate boundaries through a standard connector’s agreement; WHEREAS, the City will continue to receive and treat sewage gathered by Cherry Hills Village Sanitation District; WHEREAS, the Connector’s Agreement enables the District to utilize the facilities owned by the City and the SPWRP for the treatment of sewage; WHEREAS, the City of Englewood Utilities Department will bill the District users directly for service charges; WHEREAS, the Connector’s Agreement provides that the City’s permitting requirements will be followed by the District and its users; WHEREAS, the Connector’s Agreement provides that no permit shall be final or service provided until construction is approved by the City of Englewood; and WHEREAS, the term of the Connector’s Agreement is for a twenty (20) year period, and will automatically renew two (2) additional twenty (20) year periods, unless either party gives a minimum of six months written notice of an intent not to renew. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Page 32 of 247 Section 1. The Connector’s Agreement between Cherry Hills Village Sanitation District and the City of Englewood which enables the District to utilize the facilities owned by the City and SPWRP for the treatment of sewage; is hereby approved for a twenty (20) year period and is automatically renewed for two (2) additional twenty (20) year periods unless either party gives a minimum of six month written notice of the intent not to renew. A copy of the Agreement is attached hereto as Exhibit 1. Section 2. The Mayor is authorized to execute and City Clerk to attest and seal the said Connector’s Agreement”, for and on behalf of the City Council and City of Englewood. Introduced, read in full, and passed on first reading on the 19th day of February, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of February, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of February, 2019 for thirty (30) days. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 19th day of February, 2019. Stephanie Carlile Page 33 of 247 MINUTES Water and Sewer Board Meeting Tuesday, January 8, 2019 MEMBERS PRESENT: Clyde Wiggins John Moore Chuck Habenicht Tim Johnson Caitlin Mercier Laurett Barrentine Linda Olson MEMBERS ABSENT: Don Roth Andrew Mullen Cheryl Wink STAFF PRESENT: Tom Brennan, Director of Utilities 1.Chair Wiggins approved the agenda. 2.Call to Order 3.Approval of Minutes a.November 13, 2018 Minutes Moved by Member Caitlin Mercier Seconded by Member Chuck Habenicht Approve the minutes of November 13, 2018 Motion Carried 4.Public Forum No members of the public were present at the meeting. 5.New Business a.CHVSD Connector's Agreement Renewal Mr. Brennan reviewed the terms of the renewal. Moved by Member Tim Johnson Seconded by Member Caitlin Mercier Page 34 of 247 To approve the renewal of the CHVSD Connector's Agreement Motion Carried b.Meadow Creek Flumes and Telemetry Staff recommends Council approval of an invoice from Denver Water for flume replacement and telemetry installation in the amount of $134,087.00. This project fulfills the United States Forest Service (USPS) requirement that the flow data is publicly posted for the Meadow Creek and its tributaries that contribute to the Ranch Creek Collection System. Moved by Member John Moore Seconded by Member Caitlin Mercier To approve the invoice from Denver Water for $134,087.00 for the flume replacement and telemetry installation at the Meadow Creek Reservoir. Motion Carried 6.Old Business 7.Staff's Choice 8.Adjournment 5:15 p.m. Julie Bailey, Staff Liaison Page 2 of 2 Water and Sewer Board January 8, 2019 /s/ Julie Bailey Minutes approved January 29, 2019 via e-mail by a majority of members present at the meeting. Julie Bailey, Staff Liaison Page 35 of 247 S>mamS>amwoozzmnaowd>o_~mm§mza _..2Dmm?nam .E.=m>owmmzmz?ao=5_.2._E8"Eu.5cm NE?8 co 52.50.25NE».252,55::5O_._.<O...mzo_.mSoou.w =E.:n:um_ 8_.uo3:o=E5205d:353ea==o=m=.69.?n_nn5.._.n=w_:._o._BE e_.__2n&386..ea QQ O_m_.w.Eao:mE~<Errm<=._.>omm>z_a>:ozU_m.2~_O.—..m.._E.mm.B=:_n€m_noncoumzozEa uo_Eow_w_._u&<_mmo=am=5MS5om0o_o_.mn_oE5:D_mn1o~Jwomann:.o=m_.FmwomanonU_5o8_.m. 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Ll LIIJJ_L":'!lY1 Page 41 of 247 mxmai w 3.3..So 100%~_29..mmémw _.._Zm 35m=n_ms6onno::mn8~>nBm:.m=..noo. .8u$uwm.Page 42 of 247 The City of Englewood makes no claims or guarantees to the accuracy or current:of the contents of this map and subsequent data sets.and expllclt y lsclaims liabilit yforerrotsandomissionsinItscontents.This map is not a legal document.It is int ned to serve as a graplcal representation only.Any quesllons should be followed up by a tleld locate g ewood ®Sewer Manhoie SewarMams Sewer Service Lines [D COE ID 0 M NO 1%2M In .1 tr.) In nu nu ul U]Page 43 of 247 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tom Brennan DEPARTMENT: Utilities DATE: February 19, 2019 SUBJECT: Meadow Creek Flume Replacement and Telemetry Installation DESCRIPTION: Meadow Creek Flume Replacement and Telemetry Installation RECOMMENDATION: Staff recommends City Council approval, by Motion, of an invoice from Denver Water for the flume replacement and telemetry installation in the amount of $134,087.00. PREVIOUS COUNCIL ACTION: March 2016, Council approved an invoice for the Meadow Creek Reservoir Valve House. SUMMARY: The City of Englewood (City) entered into the Water Exchange Agreement of March 17, 1964 with the Denver Board of Water Commissioners (Board). This agreement was amended on September 2, 1969 with the inclusion of American Metal Climax, Inc. (Climax) as a 55% part owner, the City being a 45% owner, and the Board responsible for the operations and maintenance of the Ranch Creek Collection System. This agreement stipulates that the Board operate and maintain the System to the same standards they apply to their reservoirs and associated systems. The Board follows their purchasing and procurement policies. Climax and the City are responsible for funding the costs of operation and maintenance. ANALYSIS: The project fulfills the USFS requirement that all water flows data in a system must be pubicly posted and current. The project consisted of installation of six flow measuring sites with telemetry for transmitting data. Future years will have operation and maintenance cost, but no installation costs. FINANCIAL IMPLICATIONS: The flume replacement and telemetry installation has a cost of $134,087.00. The City is responsible for 45% of the project that is $60,339.15 and Climax is responsible for 55% or $73,747.85. ALTERNATIVES: N/A CONCLUSION: Page 44 of 247 Staff recommends Council approval of the invoice from Denver Water for the flume replacement and telemetry installation in the amount of #134,087.00. ATTACHMENTS: Invoice Contract Approval Summary Water and Sewer Board Meeting Minutes from January 8, 2019 Page 45 of 247 88..8232:88.:8»:83 omz<mm<<>._.mI _...Omox38.6 umz<mm.O0mom?au? Enounawumm?nununnnnemcumuanz 0.2 0.msn?sooa >=_.:3.5 woox 38 m=u_mSoon v2.23. m:m_aSoon_no 2:.#83 <<o}0&2.xxmnumm :E=.u_m 9.3%man_:m_m_.m_m:.o._.<._uo_._um:.oa.E_<mm_u.m:._cm..~93. _:<o_3 Dana _=<o_na »moimnrm 83:83 won»;xxmmmum.____.m%was ._.o.m_>:._o:..=_:<o_nma ._.mx>305. >_.:o::. >n8=5 zczmmz ucmaim _umz<mz<<>:_~n?m? _z<o_nmzcgmmz >35:ucm uom?m urm>mmz_>xm ozmoxmu><>m_.m ._.Ou omz<mw<<>._.m_~ SMGOQDG (DC)v>§ o_._.<O_u mzm_.m<<ooo 38m:u_m£ooa _um:2<m< mzo_.m<<ooo 00 2:._ 38» 1.55 5.3 m:§==oaaouon si.¢uDME:.:=:.vosn:n:on»E1 :.l.uva<uZa3Uo:<!.sx-.1 _z<o_nm $8 <<mm..55 ><m..Em Um:<m...00 8~c+u.:~ >:.om:. :$.o3.oo 9‘.ueomsoo 8.8 2 §.o$8 omz<m_~<<>._.m_ _:<o_8 Umnmn Ucm Um»? >nooE:# Aoa:»S m._.:mo\~o.m m?m?._2 ._Page 46 of 247 Contract Approval Summary V10/25/2017 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Tom Brennan Phone: 303-762-2654 Title: Director of Utilities Email: tbrennan@englewoodco.gov Vendor Contact Information Vendor Name: Denver Water Vendor Contact: Laura Denise Vendor Address: 1600 W. 12th Ave Vendor Phone: 303-628-6000 City: Denver Vendor Email: Denver Water .org State: CO Zip Code: 80204 Contract Type Contract Type :Other (describe below) Description of ‘Other’ Contract Type: This is a water exchange agreement with Denver Water, Climax Mining and Englewood dated March 17th of 1964. Description of Contract Work/Services: Attachments: ☐Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: 1/1/2018 End Date: 12/31/2018 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $135,000.00 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Y Payment terms (please describe terms or attach schedule if based on deliverables): Annually upon invoice Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents To install measuring flumes on the Meadow Creek collection system. This is to comply with the USFS Fraser River Basin stream gaging program. Page 47 of 247 Contract Approval Summary V10/25/2017 Page | 2 Source of funds (Insert Excel Document): 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 2018 40 0601 61201 Other Improvements 135,000.00$ 134,087.00$ 913.00$ -$ -$ Total by Fund and Current Year 135,000.00$ -$ 134,087.00$ 913.00$ NOTES (if needed): CAPITAL & OPERATING EXPENSE Water exchange agreement March 17, 1964 with Denver Water, Climax Mining and Englewood. Page 48 of 247 ENTERPRISE FUNDS During the budget process,periodic or on-going operating expenditures due to the capital outlay are included in the operations budget. Water Fund These projects are on-going maintenance requirements of the water distribution system and the Charles Allen Water Treatment Plant. Big Dry Diversion Project City Ditch Flume install for Han/ard Gultch Vehicle#1319 Upgrade Message boards Distribution Ongoing Main Replacements General Routine Capital Items T/B/D Piping City Ditch New ?ume at Clarkson New ?ume at McBroom head gate. Meadow Creek Boreas Pass Ditch Dam projects(rip/wrap dam) Backwash waste VFD,s 1,2 River Pumps 1,2,3 Zone 1 pumps 1,2,3, Zone 2 pumps 1,2,3,4 River VFDs 1,2,3 Zone 1 VFDs 1,2,3 Zone 2 VFDs1,2,3,4 Backwash pumps 1,2 Backwash VFDs 1,2 McClellan Pumps 1,2,3,4 McClellan VFds 3 Electrical System Zone 1 motors 1,2,3 Zone 2 motors 1,2 Zone 2 motor 3,4 Backwash waste pumps 1,2,3 Filter media (2,3,4,5,6)_ Gear box and motor replacements Water quality lab equipment Distribution System Meter/ERT Replacement CIS Maintenance Sewer Fund Sanitary Sewer Collection System Repair and Replacement LEWWTP Capital Contribution—50% Building 11 Addition Collection System Building 11 Addition City of Englewood,Colorado TOTALS Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities TOTALS Utilities Utilities Utilities Utilities Utilities 3% eaaaeaaaeaaaeaeseaaaeaaaeaaaeaaaeaeaeaeaeaeaeaeseaeaeaeaeaeaeaeaeaea $ 1,870,000 800,000 35,000 8,000 40,000 50,000 100,000 100,000 25,000 150,000 50,000 100,000 50,000 40,000 50,000 25,000 50,000 2,330,000 50,000 2,230,000 50,000 140 $ eaaaeaaaeaaaeaeseaaaeaaaeaaaeaaaeaeaeaeaeaeaeaeseaeaeaeaeaeaeaeaeaea $ 5 $ 5 $ 5 982,000 50,000 100,000 100,000 150,000 50,000 75,000 75,000 50,000 60,000 25,000 25,000 25,000 50,000 85,000 62,000 2,779,999 50,000 2,679,999 50,000 $ eaaaeaaaeaaaeaeseaaaeaaaeaaaeaaaeaeaeaeaeaeaeaeseaeaeaeaeaeaeaeaeaea $ 5 $ 5 $ 5 1,391,422 3,500 1,000 5,962 960 50,000 100,000 100,000 150,000 50,000 50,000 100,000 75,000 40,000 25,000 25,000 50,000 40,000 300,000 75,000 85,000 65,000 7,507,197 50,000 7,257,197 75,000 50,000 75,000 $1,446,422 $1,006,422 $6,696,266 eaaaeaaaeaaaeaeseaaaeaaaeaaaeaaaeaeaeaeaeaeaeaeseaeaeaeaeaeaeaeaeaea $ aaesaaesaa 3,500 1,000 5,962 960 50,000 100,000 100,000 50,000 150,000 50,000 450,000 75,000 85,000 65,000 4,865,000 4,815,000 50,000 eaaaeaaaeaaaeaeseaaaeaaaeaaaeaaaeaeaeaeaeaeaeaeseaeaeaeaeaeaeaeaeaea $ aaesaaesaa 3,5 1,0 5,9 9 50,0 100,0 100,0 150,0 50,0 40,0 75,0 40,0 50,0 25,0 40,0 50,0 75,0 85,0 65,0 5,090,0 5,040,0 50,0 00 5 810,500 00 5 38,000 62 5 25,886 60 5 42,880 00 5 250,000 00 5 500,000 00 5 500,000 5 25,000 5 50,000 00 5 750,000 00 5 150,000 5 150,000 00 5 40,000 00 5 150,000 5 200,000 5 150,000 5 100,000 5 100,000 00 5 120,000 5 75,000 00 5 100,000 5 120,000 5 25,000 00 5 125,000 5 100,000 5 25,000 5 40,000 00 5 40,000 5 750,000 5 25,000 00 5 50,000 00 5 325,000 00 5 425,000 00 5 319,000 00 522,572,196 5 150,000 00 522,022,196 5 75,000 00 5 250,000 5 75,000 BUDGET 2018 Page 49 of 247 MINUTES Water and Sewer Board Meeting Tuesday, January 8, 2019 MEMBERS PRESENT: Clyde Wiggins John Moore Chuck Habenicht Tim Johnson Caitlin Mercier Laurett Barrentine Linda Olson MEMBERS ABSENT: Don Roth Andrew Mullen Cheryl Wink STAFF PRESENT: Tom Brennan, Director of Utilities 1.Chair Wiggins approved the agenda. 2.Call to Order 3.Approval of Minutes a.November 13, 2018 Minutes Moved by Member Caitlin Mercier Seconded by Member Chuck Habenicht Approve the minutes of November 13, 2018 Motion Carried 4.Public Forum No members of the public were present at the meeting. 5.New Business a.CHVSD Connector's Agreement Renewal Mr. Brennan reviewed the terms of the renewal. Moved by Member Tim Johnson Seconded by Member Caitlin Mercier Page 50 of 247 To approve the renewal of the CHVSD Connector's Agreement Motion Carried b.Meadow Creek Flumes and Telemetry Staff recommends Council approval of an invoice from Denver Water for flume replacement and telemetry installation in the amount of $134,087.00. This project fulfills the United States Forest Service (USPS) requirement that the flow data is publicly posted for the Meadow Creek and its tributaries that contribute to the Ranch Creek Collection System. Moved by Member John Moore Seconded by Member Caitlin Mercier To approve the invoice from Denver Water for $134,087.00 for the flume replacement and telemetry installation at the Meadow Creek Reservoir. Motion Carried 6.Old Business 7.Staff's Choice 8.Adjournment 5:15 p.m. Julie Bailey, Staff Liaison Page 2 of 2 Water and Sewer Board January 8, 2019 /s/ Julie Bailey Minutes approved January 29, 2019 via e-mail by a majority of members present at the meeting. Julie Bailey, Staff Liaison Page 51 of 247 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Heather Driscoll, Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: February 19, 2019 SUBJECT: CB 6 - Standard Definitions DESCRIPTION: CB 6 - Standard Definitions RECOMMENDATION: Staff is asking City Council to approve the Standard Definition Ordinance. PREVIOUS COUNCIL ACTION: • Staff provided City Council with the the Standard Definitions and the Tax Matrix at the September 10, 2018 Study Session • Council Request 18-163 was responded to by Staff on October 25, 2018; correspondence included State Legislation • Senate Concurrent Resolution 14-004 (Postponed Indefinitely) in favor of Senate Joint Resolution 14-038 • Senate Joint Resolution 14-038 favoring Home Rule jurisdiction authority using Standard Definitions and working with the Colorado Municipal League (CML) was adopted • Per Council's request presented Standard Definitions, Licensing, and Occupational Privilege Tax to Alliance for Commerce in Englewood (ACE) on October 3, 2018 • Presented the same information to Greater Englewood Chamber of Commerce (GECC) on October 16, 2018 • Staff responded to CR 18-189 on October 18, 2018 communicating the outcomes from the GECC meeting • Re-presented to City Council at Study Session on November 26, 2018 • Answered City Council's questions from November 26, 2018 at Study Session on February 4, 2019 SUMMARY: This topic was presented to Council on September 10, 2018, November 26, 2018 and February 4, 2019. In 2014 the Colorado Legislature made a proposal of SCR 14-004 which would of removed Home-Rule authority. This measure was indefinitely postponed in favor of SJR 14-038, which requested that the Home-Rule municipalities come together and update the Standard Definitions that had previously been adopted in 1992. The adoption of these definitions will not change our tax base, and will reduce the complexity for businesses operating in more than one jurisdiction. ACE is in support of adopting the Standard Definitions, and the Chamber has yet to provide a firm response after several requests by Staff for more information. ANALYSIS: Page 52 of 247 Please see above. FINANCIAL IMPLICATIONS: Not Applicable. ALTERNATIVES: Not Applicable. CONCLUSION: Staff recommends that City Council adopts the Standard Definitions through the Ordinance on February 19, 2019. ATTACHMENTS: Council Bill #6 Standard Definitions presentation 2014 Tax and Finance Bills SCR 14-004 SJR 14-038 Letter from Coalition Combined ACE Survey results Page 53 of 247 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 6 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECTIONS 2, 4-2, AND 5-2 OF THE ENGLEWOOD MUNICIPAL CODE 2000, ALL PERTAINING TO SALES AND USE TAX DEFINITIONS, INCLUDING MOVING CERTAIN DEFINITIONS INTO THE APPLICABLE EXEMPTION SECTIONS OF THE CODE. WHEREAS, the Colorado State Legislature through Senate Joint Resolution 14-038 requested those home rule municipalities that assess a local Sales/Use Tax adopt a list of standard definitions in order to reduce the complexity for businesses operating in more than one jurisdiction to comply with and remit such Sales/Use Taxes; WHEREAS, the majority of the home rule municipalities that assess a local Sales/Use Tax have adopted the standard definitions; WHEREAS, on October 3, 2018 the Alliance for Commerce in Englewood reviewed and approved the standard definitions for use within the City; WHEREAS, the adoption of these definitions will not change the City’s ability to collect the locally assessed Sales/Use Tax; WHEREAS, the City Council of the City of Englewood supports all efforts to reduce complexities associated with business operations for those business operating within Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 4, Chapter 4, Section 2. Title 4, Chapter 4, Section 2 of the Englewood Municipal Code shall be amended as follows: 4-4-2: Definitions. When used in this Chapter, the following words and phrases shall have the following meanings, unless from the context it clearly appears that a different meaning is indicated: Access Services: The services furnished by a local exchange company to its customers who provide telecommunications services which allow them to provide such telecommunications services. “Agricultural Producer” means a person regularly engaged in the business of using land for the production of commercial crops or commercial livestock. The term includes farmers, market gardeners, commercial fruit growers, livestock breeders, dairymen, poultrymen, and other persons similarly engaged, but does not include a person who breeds or markets animals, birds, or fish for domestic pets nor a person who cultivates, grows, or harvests plants or plant products exclusively for that person's own consumption or casual sale. Auction: Any sale where tangible personal property is sold by an auctioneer who is either the agent for the owner of such property or is in fact the owner thereof. Page 54 of 247 2 “Auction” means any sale where tangible personal property is sold by an auctioneer who is either the agent for the owner of such property or is in fact the owner thereof. Automotive Vehicle: Any vehicle or device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, or any device used or designed for aviation or flight in the air. Automotive vehicle includes, but is not limited to, motor vehicles, trailers, semi-trailers, or mobile homes. Automotive vehicle shall not include devices moved by human power or used exclusively upon stationary rails or tracks. “Automotive Vehicle” means any vehicle or device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, or any device used or designed for aviation or flight in the air. Automotive Vehicle includes, but is not limited to, motor vehicles, trailers, semi-trailers, or mobile homes. Automotive Vehicle shall not include devices moved by human power or used exclusively upon stationary rails or tracks. Business: All activities engaged in or caused to be engaged in with the object of gain, benefit, or advantage, direct or indirect. “Business” means all activities engaged in or caused to be engaged in with the object of gain, benefit, or advantage, direct or indirect. “Candy” means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruit, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. Candy does not include any preparation containing flour, products that require refrigeration or marijuana infused products. “Carrier Access Services” means the services furnished by a local exchange company to its customers who provide telecommunications services which allow them to provide such telecommunications services. Charitable Organization: Any entity which: 1) has been certified as a not-for-profit organization under Section 501(C)(3) of the Internal Revenue Code, and 2) is a religious or charitable organization. As used in this definition, a "charitable organization" is an organization which exclusively, and in a manner consistent with existing laws and for the benefit of an indefinite number of persons, freely and voluntarily ministers to the physical, mental or spiritual needs of persons, and which thereby lessens the burdens of government. Charitable Organization” means any entity which: (1) has been certified as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code, and (2) is an organization which exclusively, and in a manner consistent with existing laws and for the benefit of an indefinite number of persons or animals, freely and voluntarily ministers to the physical, mental, or spiritual needs of persons or animals, and thereby lessens the burden of government. City: The Municipality of the City of Englewood. “City” means the municipality of Englewood. “Coins” means monetized bullion or other forms of money manufactured from gold, silver, platinum, palladium or other such metals now, in the future or heretofore designated as a medium of exchange under the laws of this State, the United States or any foreign nation. “Coin Operated Device” means any device operated by coins or currency or any substitute therefor. “Collection Costs” shall include, but is not limited to, all costs of audit, assessment, bank fees, hearings, execution, lien filing, distraint, litigation, locksmith fees, auction fees and costs, prosecution and attorney fees. “Commercial Packaging Materials” means containers, labels, and/or cases, that become part of the finished product to the purchaser, used by or sold to a person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging, distributing or bottling for sale, profit or use, and is not returnable Page 55 of 247 3 to said person for reuse. Commercial Packaging Materials does not include Commercial Shipping Materials. “Commercial Shipping Materials” means materials that do not become part of the finished product to the purchaser which are used exclusively in the shipping process. Commercial Shipping Materials include but are not limited to containers, labels, pallets, banding material and fasteners, shipping cases, shrink wrap, bubble wrap or other forms of binding, padding or protection. “Community Organization” means a nonprofit entity organized and operated exclusively for the promotion of social welfare, primarily engaged in promoting the common good and general welfare of the community, so long as: (1) No part of the net earnings of which inures to the benefit of any private shareholder or individual; (2) No substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation; and (3) Which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office. “Construction Equipment” means any equipment, including mobile machinery and mobile equipment, which is used to erect, install, alter, demolish, repair, remodel, or otherwise make improvements to any real property, building, structure or infrastructure. Construction Materials: Tangible personal property which, when combined with other tangible personal property, loses its identity to become an integral and inseparable part of a completed structure or project including public and private improvements. Construction materials include, but are not limited to, such things as: asphalt, bricks, builder's hardware, caulking material, cement, concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs, and other landscaping materials, wall board, wall coping, wall paper, weather stripping, wire netting and screen, water mains and meters, and wood preserver. The above materials, when used for forms, or other items which do not remain as an integral or inseparable part of a completed structure or project are not construction materials. “Construction Materials” means tangible personal property which, when combined with other tangible personal property, loses its identity to become an integral and inseparable part of a structure or project including public and private improvements. Construction Materials include, but are not limited to, such things as: asphalt, bricks, builders' hardware, caulking material, cement, concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs and other landscaping materials, wall board, wall coping, wallpaper, weather stripping, wire netting and screen, water mains and meters, and wood preserver. The above materials, when used for forms, or other items which do not remain as an integral and inseparable part of completed structure or project are not construction materials. Consumer: 1) Any individual person or 2) person engaged in business in the City who uses, stores, distributes or otherwise consumes in the City tangible personal property or taxable services purchased from sources inside or outside the City. “Consumer” means any person in the City who purchases, uses, stores, distributes or otherwise consumes tangible personal property or taxable services, purchased from sources inside or outside the City. “Contract Auditor” means a duly authorized agent designated by the taxing authority and qualified to conduct tax audits on behalf of and pursuant to an agreement with the municipality. Page 56 of 247 4 “Contractor” means any person who shall build, construct, reconstruct, alter, expand, modify, or improve any building, dwelling, structure, infrastructure, or other improvement to real property for another party pursuant to an agreement. For purposes of this definition, Contractor also includes subcontractor. “Cover Charge” means a charge paid to a club or similar entertainment establishment which may, or may not, entitle the patron paying such charge to receive tangible personal property, such as food and/or beverages. “Data Processing Equipment” means any equipment or system of equipment used in the storage, manipulation, management, display, reception or transmission of information. “Digital Product” means an electronic product including, but not limited to: (1) “digital images” which means works that include, but are not limited to, the following that are generally recognized in the ordinary and usual sense as “photographs,” “logos,” “cartoons,” or “drawings.” (2) “digital audio-visual works” which means a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any, (3) “digital audio works” which means works that result from the fixation of a series of musical, spoken, or other sounds, including ringtones. For purposes of the definition of “digital audio works”, “ringtones” means digitized sound files that are downloaded onto a device and that may be used to alert the customer with respect to a communication, and (4) “digital books” which means works that are generally recognized in the ordinary and usual sense as “books”. “Distribution” means the act of distributing any article of tangible personal property for use or consumption, which may include, but not be limited to, the distribution of advertising gifts, shoppers guides, catalogs, directories, or other property given as prizes, premiums, or for goodwill or in conjunction with the sales of other commodities or services. Drug Dispensed in Accordance With a Prescription: Drugs dispensed in accordance with any order in writing, dated and signed by a licensed practitioner of the healing arts, or given orally by a practitioner, and immediately reduced to writing by the pharmacist, assistant pharmacist, or pharmacy intern, specifying the name and address of the person for whom the medicine, drug or poison is offered and directions, if any, to be placed on the label. “Dual Residency” means those situations including, but not limited to, where a person maintains a residence, place of business or business presence, both within and outside the City. A person shall be deemed to have established a legitimate residence, place of business or business presence outside of the City for purposes of dual residency if the person has a physical structure owned, leased or rented by such person which is designated by street number or road location outside of the City, has within it a telephone or telephones in the name of such person and conducts business operations on a regular basis at such location in a manner that includes the type of business activities for which the business (person), as defined in this Code, is organized. “Dwelling Unit” means a building or any portion of a building designed for occupancy as complete, independent living quarters for one (1) or more persons, having direct access from the outside of the building or through a common hall and having living, sleeping, kitchen and sanitary facilities for the exclusive use of the occupants. Engaged in Business in the City: Performing or providing services or selling, leasing, renting, delivering or installing tangible personal property for storage, use or consumption within the City. Engaged in business in the City includes, but is not limited to, any one of the following activities by a person. A. Directly, indirectly, or by a subsidiary maintains a building, store, office, salesroom, warehouse, or place of business within the taxing jurisdiction; B. Sends one or more employees, agents or commissioned sales persons into the taxing jurisdiction to solicit business or to install, assemble, repair, service, or assist in the use of its products, or for demonstration or other reasons; C. Maintains one or more employees, agents or commissioned sales persons on duty at a location within the taxing jurisdiction; Page 57 of 247 5 D. Owns, leases, rents or otherwise exercises control over real or personal property within the taxing jurisdiction; or E. Makes more than one delivery into the taxing jurisdiction within a twelve (12) month period. “Engaged in Business in the City” means performing or providing services or selling, leasing, renting, delivering or installing tangible personal property for storage, use or consumption, within the City. Engaged in Business in the City includes, but is not limited to, any one of the following activities by a person: (1) Directly, indirectly, or by a subsidiary maintains a building, store, office, salesroom, warehouse, or other place of business within the taxing jurisdiction; (2) Sends one or more employees, agents or commissioned sales persons into the taxing jurisdiction to solicit business or to install, assemble, repair, service, or assist in the use of its products, or for demonstration or other reasons; (3) Maintains one or more employees, agents or commissioned sales persons on duty at a location within the taxing jurisdiction; (4) Owns, leases, rents or otherwise exercises control over real or personal property within the taxing jurisdiction; or (5) Makes more than one delivery into the taxing jurisdiction within a twelve month period by any means other than a common carrier. Exempt Commercial Packaging Materials: Containers, labels and shipping cases sold to a person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging, distributing or bottling for sale, profit, or use that meets all of the following conditions: 1) is used by the manufacturer, compounder, wholesaler, jobber, retailer, packager, distributor or bottler to contain or label the finished product; 2) is transferred by said person along with and as a part of the finished product to the purchaser; and 3) is not returnable to said person for reuse. “Factory Built Housing” means a manufactured home or modular home. Farm Closeout sale: Full and final disposition of all tangible personal property previously used by a farmer or rancher in farming or ranching operations which are being abandoned. “Farm Closeout Sale” means full and final disposition of all tangible personal property previously used by a farmer or rancher in farming or ranching operations which are being abandoned. “Farm Equipment” means any farm tractor, as defined in Section 42-1-102(33), C.R.S., any implement of husbandry, as defined in Section 42-1-102(44), C.R.S., and irrigation equipment having a per unit purchase price of at least one thousand dollars ($1,000.00). Farm Equipment also includes, regardless of purchase price, attachments and bailing wire, binders twine and surface wrap used primarily and directly in any farm operation. Farm Equipment also includes, regardless of purchase price, parts that are used in the repair or maintenance of the Farm Equipment described in this Paragraph, all shipping pallets, crates, or aids paid for by a farm operation, and aircraft designed or adapted to undertake agricultural applications. Farm Equipment also includes, regardless of purchase price, dairy equipment. Except for shipping pallets, crates or aids used in the transfer or shipping of agricultural products, Farm Equipment does not include: (1) Vehicles subject to the registration requirements of Section 42-3-103, C.R.S., regardless of the purpose for which such vehicles are used; (2) Machinery, equipment, materials, and supplies used in a manner that is incidental to a farm operation; (3) Maintenance and janitorial equipment and supplies; and (4) Tangible personal property used in any activity other than farming, such as office equipment and supplies and equipment and supplies used in the sale or distribution of farm products, research, or transportation. “Farm Operation” means the production of any of the following products for profit, including, but not limited to, a business that hires out to produce or harvest such products: (1) Agricultural, viticultural, fruit, and vegetable products; (2) Livestock; (3) Milk; (4) Honey; and (5) Poultry and eggs. “Finance Director” means the Finance Director of the City of Englewood or such other person designated by the municipality; Finance Director shall also include such person's designee. Food: Food for domestic home consumption as defined in 7 U.S.C. Section 2012(G) as amended, for purposes of the Federal food stamp program as defined in 7 U.S.C. Section 2012(H), as amended, except that "food" does not include: carbonated water marketed in containers, chewing gum, seeds and plants to grow food, prepared salads and salad bars, cold sandwiches, deli trays, and food or drink vended by or through machines or non-coin operated coin-collecting food and snack devices on behalf of a vendor. Page 58 of 247 6 “Food For Home Consumption” means food for domestic home consumption as defined in 7 U.S.C. sec. 2012 (k) (2014), as amended, for purposes of the supplemental nutrition assistance program, or any successor program, as defined in 7 U.S.C. sec. 2012 (t), as amended; except that "food" does not include carbonated water marketed in containers; chewing gum; seeds and plants to grow foods; prepared salads and salad bars; packaged and unpackaged cold sandwiches; deli trays; and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated coin collecting food and snack devices on behalf of a vendor. Garage Sale: Includes all sales entitled "garage sale," "lawn sales," "attic sale," "rummage sale," or similar sale of tangible personal property which is advertised to the public at large. “Garage Sales” means sales of tangible personal property, except automotive vehicles, occurring at the residence of the seller, where the property to be sold was originally purchased for use by members of the household where such sale is being conducted. The term includes, but is not limited to, yard sales, estate sales, and block sales. Gross Sales: The total amount received in money, credit, property or other consideration valued in money for all sales, leases, or rentals of tangible personal property or services. “Gross Sales” means the total amount received in money, credit, property or other consideration valued in money for all sales, leases, or rentals of tangible personal property or services. “Internet Access Services” means services that provide or enable computer access by multiple users to the Internet, but shall not include that portion of packaged or bundled services providing phone or television cable services when the package or bundle includes the sale of Internet Access Services. “Internet Subscription Service” means software programs, systems, data and applications available online through rental, lease or subscription, that provide information and services including, but not limited to, data linking, data research, data analysis, data filtering or record compiling. License: A City of Englewood sales and use tax license. “License” means a City of Englewood sales and/or use tax license. Linen Services: Services involving provision and cleaning of linens, including but not limited to rags, uniforms, coveralls and diapers. “Linen Services” means services involving the provision and cleaning of linens, including but not limited to rags, uniforms, coveralls and diapers. “Lodging Services” means the furnishing of rooms or accommodations by any person, partnership, association, corporation, estate, representative capacity or any other combination of individuals by whatever name known to a person who for a consideration uses, possesses, or has the right to use or possess any room in a hotel, inn, bed and breakfast residence, apartment hotel, lodging house, motor hotel, guesthouse, guest ranch, trailer coach, mobile home, auto camp, or trailer court and park, short term rental, or similar establishment, for a period of less than thirty (30) days under any concession, permit, right of access, license to use, or other agreement, or otherwise. “Machinery” means any apparatus consisting of interrelated parts used to produce an article of tangible personal property. The term includes both the basic unit and any adjunct or attachment necessary for the basic unit to accomplish its intended function. “Manufactured Home” means any preconstructed building unit or combination of preconstructed building units, without motive power, where such unit or units are manufactured in a factory or at a location other than the residential site of the completed home, which is designed and commonly used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which unit or units are not licensed as a vehicle. “Manufacturing” means the operation or performance of an integrated series of operations which places a product, article, substance, commodity, or other tangible personal property in a form, composition or character different from that in which it was acquired whether for sale or for use by a manufacturer. The Page 59 of 247 7 change in form, composition or character must result in a different product having a distinctive name, character or use from the raw or prepared materials. “Medical Marijuana” means marijuana acquired, possessed, cultivated, manufactured, delivered, transported, supplied, sold, or dispensed to a person who qualifies as a patient with a debilitating medical condition(s) under Article XVIII, Section 14, of the Colorado Constitution, and which person holds a valid “registry identification card” issued by the State of Colorado pursuant to Colorado Constitution, Article XVIII, Section 14. Medical Supplies: Medical supplies, drugs, prosthetic medical and dental appliances, and special beds for patients with neuromuscular or similar debilitating ailments, when sold for the direct, personal use of a specific individual in accordance with a prescription or other written directive issued by a licensed practitioner of medicine, dentistry, or podiatry; corrective eyeglass lenses (including eyeglass frames), and corrective contact lenses, when sold for the direct, personal use of a specific individual in accordance with a prescription or other written directive issued by a licensed practitioner of medicine or optometry; wheelchairs and crutches, when sold for the direct, personal use of a specific individual; oxygen and hemodialysis products for use by a medical patient, hearing aids, hearing aid batteries, insulin, insulin measuring and injecting devices, glucose to be used for treatment of insulin reactions, and human whole blood, plasma, blood products and derivatives. This exemption excludes items purchased for use by medical and dental practitioners or medical facilities in providing their services, even though certain of those items may be packaged for single use by individual patients after which the item would be discarded. Mobile Machinery and Self-Propelled Construction Equipment: Those vehicles, self-propelled or otherwise, which are not designed primarily for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo, but which have been redesigned or modified by the mounting thereon of special equipment or machinery, and which may be only incidentally operated or moved over the public highways. This definition includes but is not limited to wheeled vehicles commonly used in the construction, maintenance, and repair of roadways, the drilling of wells, and the digging of ditches. “Mobile Machinery and Self-Propelled Construction Equipment” means those vehicles, self- propelled or otherwise, which are not designed primarily for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo but which have been redesigned or modified by the mounting thereon of special equipment or machinery, and which may be only incidentally operated or moved over the public highways. This definition includes but is not limited to wheeled vehicles commonly used in the construction, maintenance, and repair of roadways, the drilling of wells, and the digging of ditches. “Modular Home” means any structure that consists of multiple sections fabricated, formed or assembled in manufacturing facilities for installation and assembly at the building site, and is constructed to the building codes adopted by the State Division of Housing, created in Section 24-32-706, C.R.S., and is designed to be installed on a permanent foundation. “Motor Fuel” means gasoline, casing head or natural gasoline, benzol, benzene and naphtha, gasohol and any other liquid prepared, advertised, offered for sale, sold for use or used or commercially usable in internal combustion engines for the generation of power for the propulsion of motor vehicles upon the public highways. The term does not include fuel used for the propulsion or drawing of aircraft or railroad cars or railroad locomotives. Newspaper: A publication, printed on newsprint, intended for general circulation, and published regularly at short intervals, containing information and editorials on current events and news of general interest. The term newspaper does not include: magazines, trade publications or journals, credit bulletins, advertising inserts, circulars, directories, maps, racing programs, reprints, newspaper clipping and mailing Page 60 of 247 8 services or listings, publications that include an updating or revision service, or books or pocket editions of books. “Newspaper” means a publication, printed on newsprint, intended for general circulation, and published regularly at short intervals, containing information and editorials on current events and news of general interest. The term Newspaper does not include: magazines, trade publications or journals, credit bulletins, advertising inserts, circulars, directories, maps, racing programs, reprints, newspaper clipping and mailing services or listings, publications that include an updating or revision service, or books or pocket editions of books. “Online Garage Sales” means sales of tangible personal property, except automotive vehicles, occurring online, where the property to be sold was originally purchased for use by the seller or members of the seller’s household. “Parent” means a parent of a student. “Park”: Park shall include means any area used as a park, reservation, playground, beach, ballfield, shelter house, or any other area owned and used by the City and devoted or designated to active or passive recreation, either on a temporary or permanent basis. Pay Television: Shall include, but not be limited to, cable, microwave or other television service for which a charge is imposed. Person: Any individual, firm, partnership, joint venture, corporation, estate or trust, receiver, trustee, assignee, lessee, or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or combination acting as a unit. “Person” means any individual, firm, partnership, joint venture, corporation, limited liability company, estate or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or combination acting as a unit. “Photovoltaic System” means a power system designed to supply usable solar power by means of photovoltaics, a method of converting solar energy into direct current electricity using semiconducting materials that create voltage or electric current in a material upon exposure to light. It consists of an arrangement of several components, including solar panels to absorb and convert sunlight into electricity, a solar inverter to change the electric current from DC to AC, as well as mounting, cabling, metering systems and other electrical accessories to set up a working system. “Precious Metal Bullion” means any precious metal, including but not limited to, gold, silver, platinum, palladium, that has been put through a process of refining and is in such a state or condition that its value depends upon its precious metal content and not its form. “Prepress Preparation Material” means all materials used by those in the printing industry including, but not limited to, airbrush color photos, color keys, dies, engravings, light-sensitive film, light-sensitive paper, masking materials, Mylar, plates, proofing materials, tape, transparencies, and veloxes, which are used by printers in the preparation of customer specific layouts or in plates used to fill customers' printing orders, which are eventually sold to a customer, either in their original purchase form or in an altered form, and for which a sales or use tax is demonstrably collected from the printer's customer, if applicable, either separately from the printed materials or as part of the inclusive price therefor. Materials sold to a printer which are used by the printer for the printer's own purposes, and are not sold, either directly or in an altered form, to a customer, are not included within this definition. Preprinted Newspaper Supplements: Inserts, attachments or supplements circulated in newspapers that: 1) are primarily devoted to advertising; and 2) the distribution, insertion or attachment of which is commonly paid for by the advertiser. “Preprinted Newspaper Supplements” shall mean inserts, attachments or supplements circulated in newspapers that: (1) are primarily devoted to advertising; and (2) the distribution, insertion, or attachment of which is commonly paid for by the advertiser. Page 61 of 247 9 Prescription Drugs for Animals: Drugs dispensed in accordance with any order in writing, dated and signed by a practitioner, or given orally by a practitioner, specifying the animal for which the medicine or drug is offered and directions, if any, to be placed on the label. “Prescription Drugs for Animals” means a drug which, prior to being dispensed or delivered, is required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq., as amended, to state at a minimum the symbol “Rx Only”, and is dispensed in accordance with any order in writing, dated and signed by a licensed veterinarian specifying the animal for which the medicine or drug is offered and directions, if any, to be placed on the label. “Prescription Drugs for Humans” means a drug which, prior to being dispensed or delivered, is required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq., as amended, to state at a minimum the symbol “Rx Only”, and is dispensed in accordance with any written or electronic order dated and signed by a licensed practitioner of the healing arts, or given orally by a practitioner and immediately reduced to writing by the pharmacist, assistant pharmacist, or pharmacy intern, specifying the name and any required information of the patient for whom the medicine, drug or poison is offered and directions, if any, to be placed on the label. Price or Purchase Price: A. The price to the consumer, exclusive of any direct tax imposed by the Federal government or by this Chapter, and, in the case of all retail sales involving the exchange of property, also exclusive of the fair market value of the property exchanged at the same time and place of the exchange, if: 1. Such exchanged property is to be sold thereafter in the usual course of the retailer's business, or 2. Such exchanged property is a vehicle and is exchanged for another vehicle and both vehicles are subject to licensing, registration, or certification under the laws of this State, including, but not limited to, vehicles operating upon public highways, off-highway recreation vehicles, watercraft, and aircraft. Any money or other consideration paid over and above the value of the exchanged property is subject to tax. B. "Price" or "purchase price" includes: 1. The amount of money received or due in cash and credits. 2. Property at fair market value taken in exchange but not for resale in the usual course of the retailer's business. 3. Any consideration valued in money, such as trading stamps or coupons whereby the manufacturer or someone else reimburses the retailer for part of the purchase price and other medium of exchange. 4. The total price charged on credit sales including finance charges which are not separately stated. An amount charged as interest on the unpaid balance of the purchase price is not part of the purchase price unless the amount added to the purchase price is included in the principal amount of a promissory note; except the interest or carrying charge set out separately from the unpaid balance of the purchase price on the face of the note is not part of the purchase price. An amount charged for insurance on the property sold and separately stated is not part of the purchase price. 5. Installation, delivery and wheeling-in charges included in the purchase price and not separately stated. 6. Transportation and other charges to effect delivery of tangible personal property to the purchaser. 7. Indirect Federal manufacturers' excise taxes, such as taxes on automobiles, tires and floor stock. Page 62 of 247 10 8. The gross purchase price of articles sold after manufacturing or after having been made to order, including the gross value of all the materials used, labor and service performed and the profit thereon. C. "Price" or "Purchase Price" shall not include: 1. Any sales or use tax imposed by the State of Colorado or by any political subdivision thereof. 2. The fair market value of property exchanged if such property is to be sold thereafter in the retailers usual course of business. This is not limited to exchanges in Colorado. Out of state trade-ins are an allowable adjustment to the purchase price. 3. Discounts from the original price if such discount and the corresponding decrease in sales tax due is actually passed on to the purchaser. An anticipated discount to be allowed for payment on or before a given date is not an allowable adjustment to the price in reporting gross sales. “Price” or “Purchase Price” means the aggregate value measured in currency paid or delivered or promised to be paid or delivered in consummation of a sale, without any discount from the price on account of the cost of materials used, labor or service cost, and exclusive of any direct tax imposed by the federal government or by this article, and, in the case of all retail sales involving the exchange of property, also exclusive of the fair market value of the property exchanged at the same time and place of the exchange, if: (1) Such exchanged property is to be sold thereafter in the usual course of the retailer's business, or (2) Such exchanged property is a vehicle and is exchanged for another vehicle and both vehicles are subject to licensing, registration, or certification under the laws of this state, including, but not limited to, vehicles operating upon public highways, off-highway recreation vehicles, watercraft, and aircraft. Any money or other consideration paid over and above the value of the exchanged property is subject to tax. Price or Purchase Price includes: (1) The amount of money received or due in cash and credits. (2) Property at fair market value taken in exchange but not for resale in the usual course of the retailer's business. (3) Any consideration valued in money, whereby the manufacturer or someone else reimburses the retailer for part of the purchase price and other media of exchange. (4) The total price charged on credit sales including finance charges which are not separately stated at the time of sale. An amount charged as interest on the unpaid balance of the purchase price is not part of the purchase price unless the amount added to the purchase price is included in the principal amount of a promissory note; except the interest or carrying charge set out separately from the unpaid balance of the purchase price on the face of the note is not part of the purchase price. An amount charged for insurance on the property sold and separately stated at the time of sale is not part of the purchase price. (5) Installation, applying, remodeling or repairing the property, delivery and wheeling-in charges included in the purchase price and not separately stated. (6) Transportation and other charges to effect delivery of tangible personal property to the purchaser. (7) Indirect federal manufacturers' excise taxes, such as taxes on automobiles, tires and floor stock. (8) The gross purchase price of articles sold after manufacturing or after having been made to order, including the gross value of all the materials used, labor and service performed and the profit thereon. Price or Purchase Price shall not include: (1) Any sales or use tax imposed by the State of Colorado or by any political subdivision thereof. Page 63 of 247 11 (2) The fair market value of property exchanged if such property is to be sold thereafter in the retailers’ usual course of business. This is not limited to exchanges in Colorado. Out of state trade-ins are an allowable adjustment to the purchase price. (3) Discounts from the original price if such discount and the corresponding decrease in sales tax due is actually passed on to the purchaser, and the seller is not reimbursed for the discount by the manufacturer or someone else. An anticipated discount to be allowed for payment on or before a given date is not an allowable adjustment to the price in reporting gross sales. Private Communications Services: Telecommunications services furnished to a subscriber, which entitles the subscriber to exclusive or priority use of any communication channel or groups of channels, or to the exclusive or priority use of any interstate inter-communications systems for the subscriber's stations. “Private Communications Services” means telecommunications services furnished to a subscriber, which entitles the subscriber to exclusive or priority use of any communication channel or groups of channels, or to the exclusive or priority use of any interstate intercommunications system for the subscriber's stations. Prosthetic Devices: Any artificial limb, part, device or appliance for human use which aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a particular individual; and is prescribed by a licensed practitioner of the healing arts. Prosthetic devices include but are not limited to prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, oxygen concentrators and oxygen with related accessories. “Prosthetic Devices for Animals” means any artificial limb, part, device or appliance for animal use which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a particular patient; and is prescribed by a licensed veterinarian. Prosthetic devices include, but are not limited to, prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, and oxygen concentrators with related accessories. “Prosthetic Devices for Humans” means any artificial limb, part, device or appliance for human use which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a particular patient; and is prescribed by a licensed practitioner of the healing arts. Prosthetic devices include, but are not limited to, prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, and oxygen concentrators with related accessories. Purchase or Sale: A. The acquisition for any consideration by any person of tangible personal property or taxable services that are purchased, leased, rented, sold, used, stored, distributed, or consumed, but excludes a bona fide gift of property or services. These terms include capital leases, installment and credit sales, and property and services acquired by: 1. Transfer, either conditionally or absolutely, of title or possession or both to tangible personal property; 2. A lease, lease-purchase agreement, rental or grant of a license, including royalty agreements, to use tangible personal property or taxable services; 3. Performance of taxable services; or 4. Barter or exchange for other property or services including coupons. B. The terms "purchase" and "sale" do not include. 1. A division of partnership assets among the partners according to their interests in the partnership; 2. The formation of a corporation by the owners of a business and the transfer of their business assets to the corporation in exchange for all the corporation's outstanding stock, except qualifying shares, in proportion to the assets contributed; Page 64 of 247 12 3. The transfer of assets of shareholders in the formation or dissolution of professional corporations; 4. The dissolution and the pro rata distribution of the corporation's assets to its stockholders; 5. A transfer of a partnership interest; 6. The transfer in a reorganization qualifying under Section 368(A)(1) of the "Internal Revenue Code of 1984," as amended; 7. The formation of a partnership by the transfer of assets to the partnership or transfers to a partnership in exchange for proportionate interests in the partnership; 8. The repossession of personal property by a chattel mortgage holder or foreclosure by a lien holder; 9. The transfer of assets from a parent corporation to a subsidiary corporation or corporations which are owned at least eighty percent (80%) by the parent corporation, which transfer is solely in exchange for stock or securities of the subsidiary corporation; 10. The transfer of assets from a subsidiary corporation or corporations which are owned at least eighty percent (80%) by the parent corporation to a parent corporation or to another subsidiary which is owned at least eighty percent (80%) by the parent corporation, which transfer is solely in exchange for stock or securities of the parent corporation or the subsidiary which received the assets; 11. The transfer of assets between parent and closely held subsidiary corporations, or between subsidiary corporations closely held by the same parent corporation, or between corporations which are owned by the same shareholders in identical percentage of stock ownership amounts, computed on a share-by-share basis, when a tax imposed by this Chapter was paid by the transferor corporation at the time it acquired such assets, except to the extent that there is an increase in the fair market value of such assets resulting from the manufacturing, fabricating, or physical changing of the assets by the transferor corporation. To such an extent that any transfer referred to in this subsection shall constitute a sale. For the purposes of this subsection, a closely held subsidiary corporation is one in which the parent corporation owns stock possessing at least eighty percent (80%) of the total combined voting power of all classes of stock entitled to vote, and owns at least eighty percent (80%) of the total number of shares of all other classes of stock. “Purchase” or “Sale” means the acquisition for any consideration by any person of tangible personal property, other taxable products or taxable services that are purchased, leased, rented, or sold. These terms include capital leases, installment and credit sales, and property and services acquired by: (1) Transfer, either conditionally or absolutely, of title or possession or both to tangible personal property, other taxable products, or taxable services; (2) A lease, lease-purchase agreement, rental or grant of a license, including royalty agreements, to use tangible personal property, other taxable products, or taxable services; (3) Performance of taxable services; or (4) Barter or exchange for other tangible personal property, other taxable products, or services. The terms Purchase and Sale do not include: (1) A division of partnership assets among the partners according to their interests in the partnership; (2) The transfer of assets of shareholders in the formation or dissolution of professional corporations, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; Page 65 of 247 13 (3) The dissolution and the pro rata distribution of the corporation's assets to its stockholders, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; (4) A transfer of a partnership or limited liability company interest; (5) The transfer of assets to a commencing or existing partnership or limited liability company, if no consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets; (6) The repossession of personal property by a chattel mortgage holder or foreclosure by a lienholder; “Rail Carrier” means as defined in Section 10102 of Title 49 of the United States Code as of October 10, 2013, and as it may be amended hereafter. “Rail Carrier Part” means any tangible personal property that is originally designed and intended to be permanently affixed or attached as a component part of a locomotive or rail car used by a rail carrier. “Realty-“ means land and anything fixed, immovable, or permanently attached to it such as buildings, walls, fixtures, improvements, roads, trees, shrubs, fences, sewers, structures, and utility systems. Recreation Services: All services relating to athletic or entertainment participation events including but not limited to pool, golf, billiards, skating, tennis, bowling, health/athletic club memberships, coin operated amusement devices, video games and video club memberships. “Recreation Services” means all services relating to athletic or entertainment participation events and/or activities including but not limited to pool, golf, billiards, skating, tennis, bowling, health/athletic club memberships, coin operated amusement devices, video games and video club memberships. “Renewable Energy” means any energy resource that is naturally regenerated over a short time scale and derived directly from the sun (such as thermal, photochemical, and photoelectric), indirectly from the sun (such as wind, hydropower, and photosynthetic energy stored in biomass), or from other natural movements and mechanisms of the environment (such as geothermal and tidal energy). Renewable Energy does not include energy resources derived from fossil fuels, waste products from fossil sources, or waste products from inorganic sources. “Resident” means a person who resides or maintains one or more places of business within the City, regardless of whether that person also resides or maintains a place of business outside of the City. Retail Sales: All sales except wholesale sales. “Retail Sales” means all sales except wholesale sales. Retailer: Any person selling, leasing or renting tangible personal property or services at retail. Retailer shall include any: A. Auctioneer; B. Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of or obtains such property or services sold from a dealer, distributor, supervisor or employer; C. Charitable organization or governmental entity which makes sales of tangible personal property to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation or that the proceeds are to be used for charitable or governmental purposes. “Retailer” means any person selling, leasing, renting, or granting a license to use tangible personal property or services at retail. Retailer shall include, but is not limited to, any: (1) Auctioneer; (2) Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of or obtains such Page 66 of 247 14 property or services sold from a dealer, distributor, supervisor or employer; (3) Charitable organization or governmental entity which makes sales of tangible personal property to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation or that the proceeds are to be used for charitable or governmental purposes; (4) Retailer-Contractor, when acting in the capacity of a seller of building supplies, construction materials, and other tangible personal property. “Retailer-Contractor” means a contractor who is also a retailer of building supplies, construction materials, or other tangible personal property, and purchases, manufactures, or fabricates such property for sale (which may include installation), repair work, time and materials jobs, and/or lump sum contracts. Return: The sales and use tax reporting form used to report sales and use tax. “Return” means any form prescribed by the City of Englewood administration for computing and reporting a total tax liability. “Sale that Benefits a Colorado School” means a sale of a commodity or service from which all proceeds of the sale, less only the actual cost of the commodity or service to a person or entity as described in this Code, are donated to a school or a school-approved student organization. Sales Tax: The tax to be collected and remitted by a retailer on sales taxed under this Code. “Sales Tax” means the tax that is collected or required to be collected and remitted by a retailer on sales taxed under this Code. “School” means a public or nonpublic school for students in kindergarten through 12th grade or any portion thereof. Security System Services: Electronic security system services. Such term does not include non- electronic security services such as consulting or human or guard dog patrol services. “Security System Services” means electronic alarm and/or monitoring services. Such term does not include non-electronic security services such as consulting or human or guard dog patrol services. “Soft Drink” means a nonalcoholic beverage that contains natural or artificial sweeteners. “Soft drink” does not include beverages that contain milk or milk products, soy, rice, or similar milk substitutes, or greater than fifty percent of vegetable or fruit juice by volume. “Software Program” means a sequence of instructions that can be measured, interpreted and executed by an electronic device (e.g. a computer, tablets, smart phones) regardless of the means by which it is accessed or the medium of conveyance. Software program includes: (1) Custom software program, which is a software program prepared to the special order or specifications of a single customer; (2) Pre- written software program, which is a software program prepared for sale or license to multiple users, and not to the special order or specifications of a single customer. Pre-written software is commonly referred to as “canned,” “off-the-shelf (“COTS”),” “mass produced” or “standardized;” (3) Modified software, which means pre-written software that is altered or enhanced by someone other than the purchaser to create a program for a particular user; and (4) The generic term “software,” “software application,” as well as “updates,” “upgrades,” “patches,” “user exits,” and any items which add or extend functionality to existing software programs. “Software as a Service” means software that is rented, leased or subscribed to from a provider and used at the consumer’s location, including but not limited to applications, systems or programs. “Software License Fee” means a fee charged for the right to use, access, or maintain software programs. “Software Maintenance Agreement” means an agreement, typically with a software provider, that may include (1) provisions to maintain the right to use the software; (2) provisions for software upgrades including code updates, version updates, code fix modifications, enhancements, and added or new functional capabilities loaded into existing software, or (3) technical support Page 67 of 247 15 “Solar Thermal Systems” means a system whose primary purpose is to use energy from the sun to produce heat or cold for: (1) Heating or cooling a residential or commercial building; (2) Heating or cooling water; or (3) Any industrial, commercial, or manufacturing process. Sound System Services: Sound system services involving provision of broadcast or pre-recorded audio programming to a building or portion thereof. Such term does not include installation of sound systems where the entire system becomes the property of the building owner or the sound system service is for presentation of live performances. “Sound System Services” means the provision of broadcast or pre-recorded audio programming to a building or portion thereof. Such term does not include installation of sound systems where the entire system becomes the property of the building owner or the sound system service is for presentation of live performances. “Special Fuel” means kerosene oil, kerosene distillate, diesel fuel, all liquefied petroleum gases, and all combustible gases and liquids for use in the generation of power for propulsion of motor vehicles upon the public highways. The term does not include fuel used for the propulsion or drawing of aircraft, railroad cars or railroad locomotives. “Special Sales Event” means any sales event which includes more than three (3) Vendors taking place at a single location for a limited period of time not to exceed seven (7) consecutive days. “Storage” means any keeping or retention of, or exercise dominion or control over, or possession of, for any length of time, tangible personal property not while in transit but on a stand still basis for future use when leased, rented or purchased at retail from sources either within or without the City from any person or vendor. “Student” means any person enrolled in a school. Tangible Personal Property: Corporeal personal property. “Tangible Personal Property” means personal property that can be one or more of the following: seen, weighed, measured, felt, touched, stored, transported, exchanged, or that is in any other manner perceptible to the senses. Tax: The use tax due from a consumer or the sales tax due from a retailer or the sum of both due from a retailer who also consumes. “Tax” means the use tax due from a consumer or the sales tax due from a retailer or the sum of both due from a retailer who also consumes. Tax Deficiency: Any amount of tax that is not reported or not paid on or before the due date. “Tax Deficiency” or “Deficiency” means any amount of tax, penalty, interest, or other fee that is not reported and/or not paid on or before the date that any return or payment of the tax is required under the terms of this Code. Taxable Sales: Gross sales less any exemptions and deductions specified in this Code. “Taxable Sales” means gross sales less any exemptions and deductions specified in this Code. Taxable Services: Services subject to tax pursuant to this Chapter. “Taxable Services” means services subject to tax pursuant to this Code. Taxpayer: Any person obligated to collect and/or pay tax under the terms of this Code. “Taxpayer” means any person obligated to collect and/or pay tax under the terms of this Code. Telecommunications Services: The transmission of any two-way interactive electromagnetic communications including but not limited to voice, image, data and any other information, by the use of any means but not limited to wire, cable, fiber-optic cable, microwave, radio wave or any combinations of such media. "Telecommunications service" includes but is not limited to basic local exchange telephone service, Page 68 of 247 16 toll telephone service and teletypewriter service, including but not limited to residential and business service, directory assistance, cellular mobile telephone or telecommunications service, specialized mobile radio and two-way pagers and paging service, including any form of mobile two-way communication. "Telecommunication service" does not include separately stated non-transmission services which constitute computer processing applications used to act on the information to be transmitted. “Telecommunications Service” means the service of which the object is the transmission of any two-way interactive electronic or electromagnetic communications including but not limited to voice, image, data and any other information, by the use of any means but not limited to wire, cable, fiber optical cable, microwave, radio wave, Voice over Internet Protocol (VoIP), or any combinations of such media, including any form of mobile two-way communication. “Television & Entertainment Services” means audio or visual content that can be transmitted electronically by any means, for which a charge is imposed. Therapeutic Device: Devices, appliances, or related accessories that are sold to correct or treat a human physical disability or surgically created abnormality; if such device, appliance or related accessory has a retail value of more than one hundred dollars ($100.00), it must be sold in accordance with a written recommendation from a licensed doctor to qualify as a "therapeutic device" for purposes of this Code. “Therapeutic Device” means devices, appliances, or related accessories that correct or treat a human physical disability or surgically created abnormality. “Toll Free Telecommunications Service" means a Telecommunications Service that allows a caller to dial a number without incurring an additional charge for the call. Total Tax Liability: The total of all tax, penalties or interest owed by a taxpayer and shall include sales tax collected in excess of such tax computed on total sales. “Total Tax Liability” means the total of all tax, penalties and/or interest owed by a taxpayer and shall include sales tax collected in excess of such tax computed on total sales. Total Tax Liability: The total of all tax, penalties or interest owed by a taxpayer and shall include sales tax collected in excess of such tax computed on total sales. “Transient / Temporary Sale” means a sale by any person who engages in a temporary business of selling and delivering goods within the city for a period of no more than seven consecutive days. “Transient / Temporary Vendor” means any person who engages in the business of Transient / Temporary Sales. “Use” means the exercise, for any length of time by any person within the City of any right, power or dominion over tangible personal property or services when rented, leased or purchased at retail from sources either within or without the City from any person or vendor or used in the performance of a contract in the City whether such tangible personal property is owned or not owned by the taxpayer. Use also includes the withdrawal of items from inventory for consumption. Use Tax: The tax to be paid or required to be paid by a consumer for using, storing, distributing or otherwise consuming tangible personal property or taxable services inside the City. “Use Tax” means the tax paid or required to be paid by a consumer for using, storing, distributing or otherwise consuming tangible personal property or taxable services inside the City. WATS/800 Service: Any outbound or inbound interstate wide area telecommunications service or other similar service which entitles the subscriber, upon payment of a periodic charge, based upon a flat amount and/or usage, to make or receive a large volume of telephonic communications to or from persons having telephone or radio telephone stations in specified areas which are outside the telephone system area in which the subscriber's station is located. Wholesale Sales: Sales to licensed retailers, jobbers, dealers or wholesalers for resale. Sales by wholesalers to consumers are not wholesale sales. Sales by wholesalers to nonlicensed retailers are not wholesale sales. Page 69 of 247 17 “Wholesale Sales” means a sale by wholesalers to retailers, jobbers, dealers, or other wholesalers for resale and does not include a sale by Wholesalers to users or consumers not for resale; latter types of sales shall be deemed to be Retail Sales and shall be subject to the provisions of this chapter. Wholesaler: Any person selling to retailers, jobbers, dealers, or other wholesalers, for resale, and not for storage, use consumption, or distribution. “Wholesaler” means any person doing an organized wholesale or jobbing business and selling to Retailers, jobbers, dealers, or other Wholesalers, for the purpose of resale, and not for storage, use, consumption, or distribution. Section 2. Amendment of Title 4, Chapter 4, Section 4-3. Title 4, Chapter 4, Section 4-3 of the Englewood Municipal Code shall be amended as follows: 4-4-4-3: Exemptions to Sales Tax. A. Exempt Items: The sale of the following classes of tangible personal property are exempt from the tax imposed by Section 4-4-4-2: 1. Motor vehicles, trailers and semi-trailers, registered outside of the City. 2. Sales of tangible personal property where both the following conditions exist: a. The sales are to parties who are residents of, or doing business in, the State of Colorado, but outside the City; and b. The articles purchased are to be delivered to the purchaser outside the City by common carrier or by the conveyance of the seller or by mail. 3. Sale of fuel used for the operation of internal combustion engines. 4. Sale of medicine, medical supplies, orthopedic braces and appliances, dental appliances, hearing aids, crutches, wheel chairs, eye glasses or other mechanical contrivances when purchased with a licensed practitioner's written prescription. Medical supplies, drugs, prosthetic medical and dental appliances, and special beds for patients with neuromuscular or similar debilitating ailments, when sold for the direct, personal use of a specific individual in accordance with a prescription or other written directive issued by a licensed practitioner of medicine, dentistry, or podiatry; corrective eyeglass lenses (including eyeglass frames), and corrective contact lenses, when sold for the direct, personal use of a specific individual in accordance with a prescription or other written directive issued by a licensed practitioner of medicine or optometry; wheelchairs and crutches, when sold for the direct, personal use of a specific individual; oxygen and hemodialysis products for use by a medical patient, hearing aids, hearing aid batteries, insulin, insulin measuring and injecting devices, glucose to be used for treatment of insulin reactions, and human whole blood, plasma, blood products and derivatives. This exemption excludes items purchased for use by medical and dental practitioners or medical facilities in providing their services, even though certain of those items may be packaged for single use by individual patients after which the item would be discarded. 5. Sales of food products which are to be consumed off the premises of the vendor. As used herein "food" means food which is advertised or marketed for home consumption and sold in the same form, condition, quantities and packaging as is commonly sold by grocers. The term includes cereals and cereal products; milk and milk products; meat and meat products; fish and fish products; eggs and egg products; vegetables and vegetable products; fruit and fruit products; sugar, sugar products and sugar substitutes; coffees and coffee substitutes; teas, cocoa and cocoa products; spices, condiments, salt and oleomargarine. The term "food" does not include chewing gum; spirituous malt or vinous liquors; cocktail mixes; proprietary medicines; nostrums; lozenges; tonics; vitamins and other dietary supplements; water, mineral water and carbonated water marketed in containers; ice; pet foods; food or drink purchased and used by a business or Page 70 of 247 18 commercial entity by serving to customers or employees (not resold); food or drink furnished, prepared or served for consumption at tables, chairs or counters or from trays; glasses, dishes or other tableware provided by the retailer; prepared food or drink sold by retailers who regularly sell for consumption on or near the premises of the retailer even though such food or drink is sold on a "take out" or "to go" order and is bagged, packaged or wrapped and taken from the premises of the retailer; and food or drink vended by or through machines on behalf of a vendor. 6. Sales of goods manufactured within the City and sold directly by the manufacturer to a common carrier operating in interstate commerce as the ultimate consumer thereof. 7. For transactions consummated on or after January 1, 1986, the City's sales tax shall not apply to the sale of construction and building materials, as the term is used in Section 29-2-109, C.R.S., if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to the City evidencing that a local use tax has been paid or is required to be paid, or that such purchaser presents a building permit or other documentation acceptable to the City evidencing that such purchaser is exempt from payment of Use Tax pursuant to Section 4-4-5-2. 8. Sales of newspapers and magazines. 9. Sales of tangible personal property at a garage sale as defined herein and not in violation of 15- 16-2 EMC. 10. Exempt Commercial Packaging Materials: Containers, labels and shipping cases sold to a person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging, distributing or bottling for sale, profit, or use that meets all of the following conditions: 1) is used by the manufacturer, compounder, wholesaler, jobber, retailer, packager, distributor or bottler to contain or label the finished product; 2) is transferred by said person along with and as a part of the finished product to the purchaser; and 3) is not returnable to said person for reuse. B. Exempt Taxpayers: Sales to the following classes of taxpayers shall be exempt from the tax imposed by this Chapter: 1. Sales to the United States government; to the State of Colorado, its departments or institutions and to the political subdivisions thereof, in their governmental capacity only; in all sales to the City; providing, however, that no commercial, industrial or other banking institution, organized or chartered by the United States government, any agency or department thereof, or by the State of Colorado, shall be considered a governmental institution for the purpose of this exemption. 2. Sales to religious, charitable and eleemosynary institutions, in the conduct of their regular religious, charitable and eleemosynary functions and activities. 3. Nothing herein contained shall be deemed to exempt from the tax levied by this Chapter, sales of building materials or supplies to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in subsection B1 or B2 hereof. 4. Persons purchasing tangible personal property at a garage sale as defined herein and not in violation of 15-16-2 EMC. C. Burden of Providing Exemptions; Disputes: The burden of proof that any retailer is exempt from collecting a tax upon any goods sold and paying the same to the City, or from making return for the same, shall be on the retailer under such reasonable requirements of proof as the City may prescribe. Should a dispute arise between any purchaser and seller as to whether or not any retail sale is exempt from taxation hereunder, the seller shall, nevertheless, collect and the purchaser shall pay such tax; and the seller shall thereupon issue to the purchaser a receipt, or certificate, on forms prescribed by the City showing the names of the seller and purchaser, the items purchased, the date, price, amount of tax paid, and a brief statement of the claim of exemption. Thereafter the purchaser may apply to the City for a refund of such taxes and it shall then be the duty of the City to determine the question of exemption. In any case where the City refunds any taxes, it may collect from the retailer the amount of taxes retained by him/her as a fee which is attributable to the transaction. Page 71 of 247 19 Section 3. Amendment of Title 4, Chapter 4, Section 5-2. Title 4, Chapter 4, Section 5-2 of the Englewood Municipal Code shall be amended as follows: 4-4-5-2: Exemptions to Use Tax. A. The tax or excise levied by Section 4-4-5-1 is hereby declared to be supplementary to the tax levied by Section 4-4-4 hereof, and for this reason, the following transactions shall be exempt therefrom: 1. The storage, use or consumption of personal property, the sale of which is subject to the tax levied by Section 4-4-4. 2. The storage, use or consumption of any tangible personal property purchased for resale to this City, either in its original form or as an ingredient of a manufactured or compounded product, in the regular course of a business. 3. The storage, use or consumption of motor fuel upon which there has accrued, or has been paid, the motor fuel tax prescribed by the Colorado Motor Fuel Tax Law of 1933, or any amendments thereto. [2] 4. The storage, use or consumption of tangible personal property which was acquired at a time when the user or consumer thereof was a nonresident of the City; provided its use or consumption is for the benefit of said user or consumer. 5. The storage, use or consumption of tangible personal property of the United States government, or the State of Colorado, or its institutions, or its political subdivisions, in their governmental capacities only; or by religious, charitable or eleemosynary institutions in the conduct of their regular religious or charitable functions; provided, however, that no commercial, industrial or other banking institutions, organized or chartered by the United States government, any agency or department thereof, or by the State of Colorado, shall be considered a governmental institution for the purpose of this exemption. 6. The storage, use or consumption of tangible personal property by a person engaged in the business of manufacturing, compounding for sale, profit or use, any article, substance or commodity, which tangible personal property meets all of the following conditions. a. Is actually and factually transformed by the process of manufacture; b. Becomes by the manufacturing process a necessary and recognizable ingredient, component or constituent part of the finished product; and c. Its physical presence in the finished product is essential to the use thereof in the hands of the ultimate consumer. 7. All exemptions set forth within Section 4-4-4-3, Exemptions to Sales Tax. B. For transactions consummated on or after January 1, 1986, the City's use tax shall not appl y to the storage, use, or consumption of any article of tangible personal property, the sale or use of which has already been subjected to a sales or use tax of another statutory or home rule municipality properly and proportionally imposed on the purchaser or user equal to or in excess of three and one-half percent (3.5%). A credit shall be granted against the City's use tax with respect to the person's storage, use or consumption in the City of tangible personal property, the amount of the credit to equal the tax paid by him/her by reason of the imposition of a sales or use tax of the previous statutory or home rule municipality on his/her purchase or use of the property. The amount of the credit shall not exceed three and one-half percent (3.5%). C. For transactions consummated on or after January 1, 1986, the City's use tax shall not be imposed with respect to the use or consumption of tangible personal property within the City which occurs more than three (3) years after the most recent sale of the property if, within the three (3) years following Page 72 of 247 20 such sale, the property has been significantly used within the State for the principal purposes for which it was purchased. D. Nothing herein contained shall be deemed to exempt from the tax levied by Subsection 4-4-5-3B on the storage, use or consumption of any tangible personal property to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in subsection A.5 above, except any tangible personal property to be used by a contractor for construction projects associated with any capital improvement project of any public school district, for which bond financing has been approved by majority vote of the applicable electors of such public school district, shall be deemed exempt. All costs associated with municipal infrastructure projects connected to such school district construction project(s) will be the responsibility of the public school district, and will be completed in conformance with City regulations, including but not limited to crosswalks, lighting, curb and guttering, utilities, and roadway access. Section 4. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 4, Chapter 4, Section 20 provides that in addition to or in lieu of any other penalty or punishment prescribed in that Chapter, the following penalty may also be imposed for violation of any of the provisions of Title 4, Chapter 4: a five hundred dollar ($500.00) fine or one hundred eighty (180) days imprisonment, or both such fine and imprisonment. A separate offense shall be deemed committed upon each day or portion thereof during or on which any violation of any of the provisions of Title 4, Chapter 4 occurs or continues. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 19th day of February, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of February, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of February, 2019 for thirty (30) days. Linda Olson, Mayor Page 73 of 247 21 ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of February, 2019. Stephanie Carlile Page 74 of 247 Englewood Municipal Tax Code (Title 4, Chapter 4) Standard Definitions 1 2/4/2019Page 75 of 247 Tonight’s Objective To respond to questions raised by City Council during a Study Session on November 26, 2018 prior to asking City Council to adopt the Standard Definitions Ordinance on February 19, 2019 22/4/2019Page 76 of 247 History •Staff provided City Council with the Standard Definitions and the Tax Matrix at the September 10, 2018 •Council Request 18-163 was responded to by Staff on October 25, 2018; correspondence included State Legislation Sales and Use Taxes Content: •Senate Concurrent Resolution 14-004 (Postposed Indefinitely) in favor of Senate Joint Resolution 14-038 •Senate Joint Resolution 14-038 favoring Home Rule jurisdiction authority using standard definitions and working with the Colorado Municipal League (CML) was adopted •Per Council’s request, presented Standard Definitions, Licensing, and Occupational Privilege Tax to Alliance for Commerce in Englewood (ACE) on October 3, 2018 •Presented the same information to Greater Englewood Chamber of Commerce (GECC) on October 16, 2018 •Staff responded to CR 18-189 on October 18, 2018 communicating the outcomes from the GECC meeting •Re-presented to City Council at Study Session on November 26, 2018 32/4/2019Page 77 of 247 Standardized Definitions Project What is it? A major collaborative sales tax simplification initiative led by Colorado’s home rule municipalities that locally collect their sales tax, facilitated by Colorado Municipal League (CML). What is the objective? The objective of the project is to have all locally collecting municipalities determine whether to use the standard definitions in their sales and use tax codes. These definitions will provide code clarification and consistency across jurisdictions. Adopting the definitions will not change the existing tax base. 42/4/2019Page 78 of 247 Standardized Definitions Project Why is this important? Colorado’s self-collected sales tax system is more complicated than the state collected-locally shared systems in most other states. The consistent definitions will make it less complex for businesses to file, report and remit local taxes. 52/4/2019Page 79 of 247 Standardized Definitions Project As of September 20, 2018, the following 45 self-collecting Home Rule municipalities have adopted the Standard Definitions: Municipality (Adoption Date) 62/4/2019 26 Municipalities remain to adopt Alamosa (5/16/2018) Arvada (6/19/2017) Aspen (10/19/2017) Aurora (4/3/2017) Avon (3/28/2017) Black Hawk (2/14/2018) Boulder (2/6/2018) Broomfield (3/13/2018) Canon City (3/5/2018) Carbondale (5/22/2018) Centennial (12/4/2017) Cherry Hills Village (8/7/2018) Cortez (10/10/2017) Craig (3/27/2018) Crested Butte (8/7/2018) Dacono (8/14/2017) Denver (6/25/2017) Edgewater (5/4/2017) Evans (9/18/2018) Federal Heights (7/17/2018) Fort Collins (5/16/2017) Frisco (9/12/2017) Glenwood Springs (6/7/2018) Golden (4/27/2017) Greeley (10/17/2017) Greenwood Village (5/1/2017) Gunnison (11/28/2017) Gypsum (2016) La Junta (5/1/2018) Lamar (11/27/2017) Littleton (12/19/2017) Longmont (4/25/2017) Louisville (6/13/2017) Montrose (9/19/2017) Mountain Village (11/27/2017) Mt. Crested Butte (9/18/2018) Northglenn (10/9/2017) Parker (12/14/2017) Sheridan (9/20/2018) Silverthorne (3/7/2018) Snowmass Village (7/18/2018) Timnath (5/15/2017) Westminster (6/26/2017) Wheat Ridge (4/10/2017) Windsor (7/9/2018)Page 80 of 247 City Council Questions on November 26, 2018 •GECC survey results •GECC standard definition position –“neutral” •What were the Standard Definitions related to? What items are clarified with it? •How does it benefit us? •What was it connected to via Legislation? 72/4/2019Page 81 of 247 Responses to City Council Questions on November 26, 2018 •GECC Survey: •GECC survey results: Staff attempted three times (shortly after Study Session and after the new year) to acquire survey results; GECC indicated they would send them and they have not been received. •GECC standard definition position –“neutral”: See above. •What were the Standard Definitions related to? What items are clarified with it? Staff previously addressed in written Council Requests. Standard Definitions are included as an attachment in the City Council packet for discussion. •ACE Survey: •Would Standardized Tax Definitions across multiple jurisdictions be beneficial to you? 3 out of 3 responses were “yes”. •Other Questions: •How does it benefit us? Staff previously addressed in Study Sessions and written Council Requests. •What was it connected to via Legislation? Staff previously addressed in written Council Requests. 82/4/2019Page 82 of 247 Example: Standard Definition Benefit to Taxpayers and to the City 92/4/2019Page 83 of 247 Current Definition: Corporeal personal property 2/4/2019 10 New Standard Definition: Means personal property that can be one or more of the following: seen, weighed, measured, felt, touched, stored, transported, exchanged, or that is in any other manner perceptible to the senses. •The new definition reduces the confusion of the meaning of “corporeal” and eliminates the need for the taxpayer to pull out the dictionary or google the definition. Tax Term: Tangible Personal Property Page 84 of 247 Software Program Current Definition: None 2/4/2019 11 From a taxpayer’s perspective: Software used to be purchased off the shelf but is now accessible to be purchased digitally A business may not be certain whether or not digital software is taxable By adopting the Standard Definitions of tangible personal property and software products, taxpayers understand the law and in turn, are better equipped to file, report and remit local taxes.Page 85 of 247 Questions and/or Comments 122/4/2019Page 86 of 247 ._.mx2;._u_:~:om ormauamso._.mx_u_6ua«u=o:man_~a:._nu:oavqonamm mmam?ane m\an.B§.n?ax23.23 cam:_u:=n_._.B:m?«w ~m.:mn.a& Ooaaqamaa?kmamama:>:=5:...< «m:a2a& D..muom..=a:oxEma‘Eazuzmnm maiauma<a=:a E3335 .uBn=B=.a:~...an::\nm.>m.am~m:na tausai ~m=an.a& Qa:aB\Isa?amzmaaa#000M83 .ua:.>:3o=.€Own:ESQ «m:mo.a$ Hsmzmxaa9Roaawmama:Ho n%..EOaam?aaoa __..no3aAmxam ~m.:mn.a& massmai0c:.a:.:=a.aQ ran:Snoaa?ax035.. amaa?as >q§=8nFaun‘?.:<am§aa. 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G 3 3 5 _..m<<_2O >2U OO:.mO.EZO o...>m>_.mm>ZU cmm._.>X OW._.O OOZHFOF E.m m>..mm>20 cmm._.>X w>mm. mmndoz N.mun:o_n2o_.<35 2 $5 Enema:wanmommnocm2. <2Emwon2.mmumnmnmw?mBnaaBo2 arm:32 w<2o mmc_.o<Eom_u<ES 399...<om>uo_...on ..Zo\>mmm=w...on En unouommnoau._m_s=:53 cmus mBm=..._Bo2 8 En Oo_2.mao ooamm?moancao?dmam229<Eo Eamon: 3.8BE :3 3.x aomamosm.as?E ooahoomon90825..Qowmamw ooanmmmmouon.555:mu_omgm cmnSx momanonm92SE cons?Ea m.2n¢<Eo m~_om8.5 can ?x anmamaoammamSE u3<Eaom._omm_mc?waoa nammn?amEm.§.=.aoa.BE %25%m 92 En 22¢BE saw.32: .8:=m..:1m&o:onmms»::8 En Sana 3.3 EE awn?x momamosmBE ommom?mE.mB._nnwonv?dommmomwnamimnnnamBE_o<$=m mmmm_nmBE cmm.mx..2. MHOHAOZu.:5 <28 95"m9.Em ».§ao=on Enema:2.$3 E=n=E.=m2m_._m=anow=<wmmomwas:8 Bus:mo8_.==.=oa 5 En 58.59. E253 cw.52 won:5 o..5<mmm5m2.<2om won_.n?.omm=Sn<omE Ooamnomm.BE :maaoaa.cm:5 m_m2o_.m<25mon Em nzmmmonms»: rm<o<23 __<8::.2_..En $5 wBo=nBa2 mg:cnooaom E5 omEn 22¢ mowrroi Page 100 of 247 Page 101 of 247 Page 102 of 247 Page 103 of 247 Page 104 of 247 Jan. 31, 2017 The Standardized Sales Tax Project is a simplification effort undertaken by locally collecting home rule cities and towns in conjunction with the business community and the Colorado General Assembly. This project is built on the strong partnership between municipal governments and the business community to work together to make locally collected taxes easier to file, report, and remit. The General Assembly adopted Senate Joint Resolution (SJR) 14-038, asking the Colorado Municipal League (CML) to work with its members to develop a package of standardized definitions, reprising a successful effort led by CML in 1992. CML supported SJR14-038. The goals in developing these definitions were to add clarity about current tax practices without a fiscal impact. No new tax is levied and no increase in tax revenue is expected, because the updated definitions were drafted to reflect current tax practices. Government and business recognize that the use of different definitions by locally collecting municipalities for the same sales tax term is a source of complexity for businesses that operate in multiple municipalities. Using standardized definitions minimizes this complexity. CML’s membership has been strongly supportive of simplification efforts originating at the local level – and the CML Executive Board has recommended adoption of these definitions to its membership. Likewise, we urge you to consider the benefits of standardized sales tax definitions to your locally collecting city or town, as well as your resident businesses and multi-jurisdictional businesses that work hard to collect your sales tax. The following statewide associations, in addition to CML, support the adoption standardized sales tax definitions by all 69 locally collecting home rule municipalities: Colorado Assocition of Commerce & Industry, Colorado Retail Council, Colorado Automobile Dealers Association, and Simplify Colorado Sales Tax. Sincerely, Sam Mamet Colorado Municipal League Executive Director The Voice of Colorado’s Cities and Towns Loren Furman Colorado Association of Commerce & Industry Senior Vice President of State and Federal Relations Christopher Howes Colorado Retail Council President Tim Jackson Colorado Automobile Dealers Association President Tony Gagliardi National Federation of Independent Business Colorado State Director and Coalition to Simplify Colorado Sales Tax President Page 105 of 247 Page 106 of 247 Page 107 of 247 Page 108 of 247 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: February 19, 2019 SUBJECT: 2019 Fee and Rate Schedule Resolution DESCRIPTION: 2019 Fee and Rate Schedule Resolution RECOMMENDATION: Staff recommends City Council approve the attached 2019 Fee and Rate Schedule through Resolution (Attachment 1 - Proposed New or Increased City Fees and Rates for 2019 Revised). PREVIOUS COUNCIL ACTION: Staff requested City Council to approve the 2019 Fee and Rate Schedule through Resolution on February 4, 2019. City Council asked for more information related to the following fees: Penalty/Late Fee - Proposed Change Effective 1/1/2019 - 5.0% (a 2.5% increase) Turn Off Fee - $35.00, a $20.00 increase Turn On Fee - $35.00, a $35.00 increase* Staff addresses questions related to the new fee* and fee increases in the Utility Rate Increase 2019 Additional Information document attached to this memo. Prior to February 4, 2019, Staff provided City Council with a comprehensive list of the City's Fees and Rates at a Study Session on January 22, 2019. The comprehensive schedule included a separate attachment of proposed new, or increased city fees and rates for 2019. Based on the City Council's feedback during the January 22, 2019 Study Session, the Utilities Service Request Fee (Red Tags - Administered by Mailing) was removed from the proposed new list and was put back in the existing rate schedule as Utilities Service Request Fee (Red Tags) and the fee will remain at $5.00. (See Attachment 2 - City Fees and Rates Schedule - 2019 Revised) SUMMARY: The comprehensive 2019 Fees and Rates list is provided by the Finance Department so that City Council and citizens can readily and conveniently view the fees and rates that may impact them as they use certain services provided by the City or that may impact projects that they plan to undertake. ANALYSIS: Page 109 of 247 Fees and Rates are reviewed on a periodic basis to ensure that costs are being appropriately allocated to the services and that the users of these services are being appropriately charged for cost recovery. FINANCIAL IMPLICATIONS: Discussed in the Analysis Section. ALTERNATIVES: Not applicable CONCLUSION: Staff is requesting City Council to approve the attached Proposed New or Increased City Fees and Rates for 2019. ATTACHMENTS: Utility Rate Increases 2019_Additional Information Resolution Attachment 1 - Proposed New or Increased City Fees and Rates for 2019_Revised Attachment 2 - City Fees and Rates Schedule - 2019 Revised Page 110 of 247 1 RESOLUTION NO. _____ SERIES OF 2019 A RESOLUTION ADOPTING THE 2019 FEE SCHEDULE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Englewood Municipal Code requires many service, license and permit fees to be set by Resolution or act of the City Council; WHEREAS, a fee and rate schedule provides a single document for citizens to reference to determine the current amount of service, license and permit fees and utility rates; and WHEREAS, adopting a fee and rate schedule by Resolution provides a means for the Governing Body to review and update all such fees on an annual or as needed basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: SECTION 1. ADOPTION. The 2019 Schedule of Service, License and Permit Fees and Utility Rates (Schedule) are hereby adopted by the City of Englewood, Colorado. SECTION 2. INCORPORATION AS ATTACHMENT A. One (1) copy of the Schedule is attached hereto and incorporated herein. SECTION 3. PUBLIC RECORD. This schedule shall be open to inspection and available to the public at all reasonable hours. SECTION 4. INCORPORATION OF ADOPTED FEES. All Service, License and Permit Fees previously adopted by Resolution or regular motion of the Governing Body of the City of Englewood, not currently incorporated into Attachment A, and not in conflict with, amended or repealed by action of approval of Attachment A, shall be incorporated into the Schedule. SECTION 5. REPEAL. All Service, License and Permit Fees, or portions thereof, inconsistent or conflicting with this Schedule as set forth within Attachment A, which were set by Resolution or regular motion, are hereby repealed to the extent of such inconsistency or conflict. Utility rates, or any other costs, set by Ordinance are not affected by this Repealer Clause. ADOPTED AND APPROVED this 19h day of February, 2019. Linda Olson, Mayor Page 111 of 247 2 Attest: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2019. ______________________________ Stephanie Carlile, City Clerk Page 112 of 247 Rationale for the 2019 Utilities Fee Increase Currently paying customers subsidize those who do not pay or who are late in paying. The intent of these fees is to gain more compliance with remitting payment when bills are due. Utility Fees Current Proposed Change Effective 1/1/2019 Net Change Penalty/Late Fee 2.5% of Current Bill Balance Outstanding 5.0% of Current Bill Balance Outstanding 2.5% Increase Turn Off Fee $15.00 $35.00 $20.00 Increase Turn On Fee $0.00 $35.00 $35.00 Increase All service calls received by the Utilities Department are addressed 24/7 at no charge to the requesting customer. These services include emergency turn on/turn offs, water meter change outs, utility locates and customer service issues/concerns (for example, obtaining samples regarding water quality), etc. The turn off/turn on fees generated by non-payment would cover the cost of these services.  The cost (labor and vehicle) to send staff to turn-off/on water service is approximately $28.00 for each task during normal business hours.  The cost is approximately $90.00 to turn-on water service after business hours. Of the approximate 10,800 inside City accounts, an estimated 748 accounts (or 6.9%) are delinquent per month. Of the 748 delinquent accounts, 300 are red tagged and a red tag fee is assessed. The Utilities Department offers no interest payment plans for those customers who request it. Of the 748 delinquent accounts, about 718 pay their account or enter into a no interest payment plan before it is shut off. Roughly 14% of the 30 customer accounts who have water service turned off utilize the no interest payment plans. Penalty/Late Fee or Water Service Turn-Off Timeline  Accounts are assessed a 2.5% Penalty/Late fee on the outstanding bill if payment is not received within approximately 15 days of the bills due date. Late fee notices are printed and mailed.  Red Tags are hung if payment is not received within approximately 30 days of the due date.  The turn-off of Water Service occurs if payment is not received within approximately 45 days of the due date. Timeline for Assessment of Penalty/Late Fee or Turn-Off of Water Service Due Date 15 Days from Due Date 30 Days from Due Date 45 Days from Due Date 2.5% Penalty/Late Fee Posted to Account and Late Fee Notice Mailed Red Tags Placed Water Service Turned Off The 2017 and 2018 Late Fees collected are as follows: 2017 2018 Utility and Public Works (PW) Service 2.5% Penalty/Late Fee 2.5% Penalty/Late Fee Water $23,366.05 $20,964,.15 Sewer $98,493,45 $111,393.94 Storm Drainage $1,071,61 $1,033.95 Concrete (PW) $2,644,.81 $2,267.60 Total Penalty/Late Fees for All Inside and Outside Accounts $125,575.92 $135,659.64 # of Accounts 300 x 12 = 3600 300 x 12 = 3600 Page 113 of 247 2017 2018 Utility and Public Works (PW) Service 2.5% Penalty/Late Fee 2.5% Penalty/Late Fee Annualized Penalty/Late Fee per Account $34.88 $37.68 Inside City Only Late Fees $49,037.49 $41,266.98 # of Accounts 300 x 12 = 3600 300 x 12 = 3600 Inside City Annualized Penalty/Late Fee Per Account $13.62 $11.46 # of Fee Transactions 8,976 8,359 The Utilities Department has approximately 1-2 financial hardship cases per year and they work with the customers on a case-by-case basis. Currently we provide Englewood residents in need of financial assistance a list of charitable organizations who may be able to provide financial assistance to them. The Utilities Department is researching a potential solution to provide Englewood customers financial assistance with their Utility bills if they qualify for the Low-Income Energy Assistance Program (LEAP). In order to apply for assistance from the Utility Department, the Englewood customer would need to provide a copy of their LEAP acceptance letter. The Utility Department proposes to use the Penalty/Late Fees collected to fund this program. Other Jurisdictions’ Fees Comparison Table Other Responses to Questions  In the case of rental properties, is the owner of the property notified well in advance prior to water being shut off because a tenant did not pay the bill? Yes, if the property owner requests to be set up with duplicate billing.  Would there be a budget impact if these 3 Fees were not imposed and/or changed? Yes. Page 114 of 247 City of Englewood, ColoradoFee and Rate ScheduleTo Be Effective January 1, 2019DepartmentTypeDescriptionFees and Rates Effective 1/1/2019Resolution or OrdinanceProposed Fee or RateIncrease Effective 1/1/2019Current RateFinance and Administrative ServicesEstimated Assessment PenaltySales / Use / Lodgers Tax Penalty $75.00 Yes$60.00 $15.00 Finance and Administrative ServicesReturned Check Fee For each bank returned item$30.00 Yes$5.00 $25.00 Public Works Occupancy Permits Block Party$25.00 fee; City will not provide barricades$25.00 fee; City will not provide barricades$0.00 - No Charge(City provides barricades (delivery and pickup)Public Works Permit/Service Asphalt Patch Fee$15.00/sq. ft.$2.75/sq. ft.$12.25/sq. ft.Public Works Permit/Service Excavation Permit Fee$195 minimum plus hourly rate$80 minimum plus hourly rate$115.00 Public Works PermitsConcrete Permit$195 minimum plus hourly rate$80 minimum plus hourly rate$115.00 UtilitiesLaborAdministrative$38.00 / Hour$38.00 / HourUtilitiesLaborInspector$52.00 / Hour$52.00 / HourUtilitiesLaborEngineer$75.00 / Hour$75.00 / HourUtilitiesPenaltyUnauthorized Use of Water$500.00 $500.00 UtilitiesPenaltyDelinquent Bills/Late Fees - Inside CityOne-time charge per bill - 5% of outstanding bill balance2.5%One-time charge per bill - 2.5% of outstanding bill balanceUtilitiesPermit/Service Tap Permit/Inspection$45.00 $10.00 $35.00 UtilitiesPermit/Service Fire Hydrant Permit/Inspection$45.00 $45.00 UtilitiesPermit/Service Re-inspection$45.00 $45.00 UtilitiesService Request New Account Setup$20.00 $20.00 UtilitiesService Request Title Status - Status Only$10.00 $10.00 UtilitiesService Request Title Status - Account Transfer$15.00 $15.00 UtilitiesService Request Title Status - Cancel Transfer$20.00 $20.00 UtilitiesService Request Turn off (nonpayment)$35.00 $20.00 $15.00 UtilitiesService Request Turn on (nonpayment)$35.00 $35.00 UtilitiesService Request Liens$20.00 $20.00 UtilitiesService Request Plan Review/Inspection$200.00 minmum plus hourly rate$200.00 minmum plus hourly rateAttachment #1 - Proposed New or Increased FeesPage 115 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments City Manager's Office Licensing Fees Beer and Wine Application $100.00 $100.00 City Manager's Office Licensing Fees Beer and Wine License $48.75 $48.75 City Manager's Office Licensing Fees Beer and Wine Occupational Tax $450.00 $450.00 City Manager's Office Licensing Fees Fermented Malt Beverage License $3.75 $3.75 City Manager's Office Licensing Fees Fermented Malt Beverage Occupational Tax $300.00 $300.00 City Manager's Office Licensing Fees Fermented Malt Beverage On- Pemises Renewal Application $100.00 $100.00 City Manager's Office Licensing Fees Fermented Malt Beverage Off- Premises Renewal Application $100.00 $100.00 City Manager's Office Licensing Fees Fermented Malt Beverage Renewal License Fee $3.75 $3.75 City Manager's Office Licensing Fees Fermented Malt Beverage On- Premises Renewal Occupational Tax $450.00 $450.00 City Manager's Office Licensing Fees Club Renewal Application $100.00 $100.00 City Manager's Office Licensing Fees Club Renewal License $41.25 $41.25 City Manager's Office Licensing Fees Club Renewal Occupational Tax $450.00 $450.00 City Manager's Office Licensing Fees Hotel/Restaurant Renewal Application $100.00 $100.00 City Manager's Office Licensing Fees Hotel/Restaurant Renewal License $75.00 $75.00 City Manager's Office Licensing Fees Hotel/Restaurant Renewal Occupational Tax $650.00 $650.00 City Manager's Office Licensing Fees Retail Liquor Store Renewal License $22.50 $22.50 City Manager's Office Licensing Fees Retail Liquor Store Renewal Occupational Tax $300.00 $300.00 City Manager's Office Licensing Fees Retail Liquor Store Renewal Application $100.00 $100.00 City Manager's Office Licensing Fees Tavern Renewal Application $100.00 $100.00 City Manager's Office Licensing Fees Tavern Renewal License $75.00 $75.00 City Manager's Office Licensing Fees Tavern Renewal Occupational Tax $650.00 $650.00 City Manager's Office Open Records Request CD/DVD $5.00 each $5.00 each City Manager's Office Open Records Request Copy Charges - Black/White $.10 per page (total copy charges under $5.00 will be waived) $.10 per page (total copy charges under $5.00 will be waived) City Manager's Office Open Records Request Copy Charges - Color $.35 per page (total copy charges under $5.00 will be waived) $.35 per page (total copy charges under $5.00 will be waived) Community Development Building Permit Fees $1,000,001 and up $6,169.63 for the first $1,000,000 plus $3.47 for each additional $1,000 or fraction thereof. $5,608.75 for the first $1,000,000 plus $3.15 for each additional $1,000 or fraction thereof. 2018 rate compares to other local municipalities; Last Increased in 2000 Community Development Building Permit Fees $1.00 to $500 $25.85 $23.50 2018 rate compares to other local municipalities; Last Increased in 2000 Attachment #2 - Comprehensive City Fee and Rate Schedule Includes Proposed New or Increased Fees/Rates Page 116 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments Community Development Building Permit Fees $100,001 to $500,000 $1,093.13 for the first $100,000 plus $6.16 for each additional $1,000, or fraction thereof, to and including $500,000. $993.75 for the first $100,000 plus $5.60 for each additional $1,000 or fraction thereof, to and including $500,000. 2018 rate compares to other local municipalities; Last Increased in 2000 Community Development Building Permit Fees $2,000.01 to $25,000 $76.18 for the first $2,000 plus $15.40 for each additional $1,000 or fraction thereof, to and including $25,000. $69.25 for the first $2,000 plus $14.00 for each additional $1,000 or fraction thereof, to and including $25,000. 2018 rate compares to other local municipalities; Last Increased in 2000 Community Development Building Permit Fees $25,000.01 to $50,000 $430.38 for the first $25,000 plus $11.11 for each additional $1,000 or fraction thereof, to and including $50,000. $391.25 for the first $25,000 plus $10.10 for each additional $1,000 or fraction thereof, to and including $50,000. 2018 rate compares to other local municipalities; Last Increased in 2000 Community Development Building Permit Fees $50,001 to $100,000 $708.13 for the first $50,000 plus $7.70 for each additional $1,000, or fraction thereof, to and including $100,000. $643.75 for the first $50,000 plus $7.00 for each additional $1,000 or fraction thereof, to and including $100,000. 2018 rate compares to other local municipalities; Last Increased in 2000 Community Development Building Permit Fees $500,001 to $1,000,000 $3,557.13 for the first $500,000 plus $5.23 for each additional $1,000, or fraction thereof, to and including $1,000,000. $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000 or fraction thereof, to and including $1,000,000. 2018 rate compares to other local municipalities; Last Increased in 2000 Community Development Building Permit Fees $501 to $2,000 $25.85 for the first $500.00 plus $3.36 for each additional $100 or fraction thereof, to and including $2,000. $23.50 for the first $500 plus $3.05 for each additional $100 or fraction thereof, to and including $2,000. 2018 rate compares to other local municipalities; Last Increased in 2000 Community Development Land Subdivision and Development Administrative Subdivision $400.00 $100.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Land Subdivision and Development Annexation $1,000.00 $1,000.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Land Subdivision and Development Major Subdivision $1,000.00 $1,000.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Land Subdivision and Development Minor Subdivision $600.00 $600.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Land Subdivision and Development Property Combination $100.00 $100.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Land Subdivision and Development Vacation of Easement $300.00 $250.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Land Subdivision and Development Vacation of Right of Way $500.00 $500.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Miscellaneous Valuations Asphalt Roofing $220 per square $200.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Miscellaneous Valuations Wood Fencing $27.50 per linear foot $27.50 per linear foot 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Other Fees Additional Plan Review Fees required by changes, additions, or revisions $51.70 per hour $47.00 2018 rate compares to other local municipalities; Last Increased in 2011 Page 117 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments Community Development Other Fees Arapahoe County Open Space Tax .25% on one-half the total valuation .25% on one-half the total valuation 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Other Fees Exemption to Plan Review Fee Exception the 65% Plan Review shall be waived for single-family, owner-occupied dwellings the 65% Plan Review shall be waived for single-family, owner- occupied dwellings 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Other Fees Issuance of temporary Certificate of Occupancy $150.00 $150.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Other Fees Park Fee-in-Lieu of P:Ublic Land Dedication $460 per one-unit dwelling or $385 per multi-unit dwelling $460 per one-unit dwelling or $385 per multi-unit dwelling 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Other Fees Plan Review Fee 65% of building permit fee 65% of building permit fee 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Other Fees Re-Inspection Fee $51.50 per hour $47 per hour 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Other Fees Use Tax 3.5% on one-half the total valuation 3.5% on one-half the total valuation 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Use Permits Adaptive Re-use of Historic Structure $500.00 $250.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Use Permits Conditional Use Annual Inspection $25.00 $25.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Use Permits Conditional Use Permit $500.00 $500.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Use Permits Historic Designation Application $500.00 $250.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Use Permits Landscape Fee-in-Lieu $3.35 per sq. ft. of required landscaped area $3.35 per sq. ft. of required landscaped area 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Use Permits Limited Use Permit $150.00 $150.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Use Permits Temporary Use Permit $150.00 $75.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Written Requests Address Assignment Request $50.00 $50.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Written Requests Change of Address Request $50.00 $50.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Written Requests Group Living Facility Registration $50.00 $50.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Written Requests Nonconforming Use Registration $100.00 $50.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Written Requests Written Zoning Verification $100.00 $50.00 2018 rate compares to other local municipalities; Last Increased in 2011 Page 118 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments Community Development Zoning Variance and Adjustments and Appeals Applications Administrative Adjustment $150.00 $150.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Zoning Variance and Adjustments and Appeals Applications Appeal $150.00 $150.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Zoning Variance and Adjustments and Appeals Applications Variance $150.00 $150.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Zoning/Rezoning Applications Amendment to an Approved PUD or TSA Expansion or PD $1,000.00 $1,000.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Zoning/Rezoning Applications Base District Rezone $1,000.00 $1,000.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Zoning/Rezoning Applications Planned Unit Development $1,500.00 $1,500.00 2018 rate compares to other local municipalities; Last Increased in 2011 Community Development Zoning/Rezoning Applications Transit Station Area $1,500.00 $1,500.00 2018 rate compares to other local municipalities; Last Increased in 2011 Finance and Administrative Services Adult Entertainment Establishment Annual $2,000.00 $2,000.00 Finance and Administrative Services Amusement/Public Dances Annual $60.00 $60.00 Finance and Administrative Services Amusement/Public Dances Annual per machine, lane and/or table $25.00 $25.00 Finance and Administrative Services Arborist Annual $60.00 $60.00 Finance and Administrative Services Auctioneer Itinerant: Annual $50.00 $50.00 Finance and Administrative Services Auctioneer Resident: Annual $25.00 $25.00 Finance and Administrative Services Auto Salvage/Recycling Yards Annual $100.00 $100.00 Finance and Administrative Services Background Check Fee Dependent on License Requirement $50.00 $50.00 Finance and Administrative Services Basic Local Exchange Ownership Per phone line including VOIP $0.55 $0.55 Finance and Administrative Services Body Piercing Establishment Annual $100.00 $100.00 Finance and Administrative Services Breeders Annual $50.00 $50.00 Finance and Administrative Services Canine & Feline Initial Fee $50.00 $50.00 Page 119 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments Finance and Administrative Services Christmas Tree Dealers Annual $25.00 $25.00 Finance and Administrative Services Direct Sellers Annual $75.00 $75.00 Finance and Administrative Services Direct Sellers Special Event Fee $5.00 $5.00 Finance and Administrative Services Estimated Assessment Penalty Sales / Use / Lodgers Tax Penalty $75.00 $60.00 $15.00 Current penality is 1% whereas our code allows a 10% penalty; $75 represents 5% Finance and Administrative Services Finger Printing Fee Dependent on License Requirement $50.00 $50.00 Finance and Administrative Services Food Vendors Annual $75.00 $75.00 Finance and Administrative Services Food Vendors Special Event Fee $10.00 $10.00 Finance and Administrative Services Guard/Attack Dog Annual $100.00 $100.00 Finance and Administrative Services Hotel/Motel - Application Fee (one- time fee) 101-200 units $250.00 $250.00 Finance and Administrative Services Hotel/Motel - Application Fee (one- time fee) 26-50 units $150.00 $150.00 Finance and Administrative Services Hotel/Motel - Application Fee (one- time fee) 4-25 Units $100.00 $100.00 Finance and Administrative Services Hotel/Motel - Application Fee (one- time fee) 51-100 units $200.00 $200.00 Finance and Administrative Services Hotel/Motel - Application Fee (one- time fee) over 200 units $300.00 $300.00 Finance and Administrative Services Hotel/Motel - Inspection Fees First Re-Inspection $50.00 $50.00 Finance and Administrative Services Hotel/Motel - Inspection Fees Fourth and each subsequent Re- Inspection $400.00 $400.00 Finance and Administrative Services Hotel/Motel - Inspection Fees Initial Inspection $0.00 - No Charge $0.00 - No Charge Finance and Administrative Services Hotel/Motel - Inspection Fees Second Re-Inspection $100.00 $100.00 Finance and Administrative Services Hotel/Motel - Inspection Fees Third Re-Inspection $200.00 $200.00 Finance and Administrative Services Hotel/Motel - License Fee (annual) 101-200 units $175.00 $175.00 Finance and Administrative Services Hotel/Motel - License Fee (annual) 26-50 units $125.00 $125.00 Page 120 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments Finance and Administrative Services Hotel/Motel - License Fee (annual) 4-25 Units $100.00 $100.00 Finance and Administrative Services Hotel/Motel - License Fee (annual) 51-100 units $150.00 $150.00 Finance and Administrative Services Hotel/Motel - License Fee (annual) over 200 units $200.00 $200.00 Finance and Administrative Services Kennel Annual $250.00 $250.00 Finance and Administrative Services Lodgers Tax 2.00%2.00% Finance and Administrative Services Misc. Business License Application Fee $15.00 $15.00 Finance and Administrative Services Paper Filing Fee Per remittance and/or license application requiring in-office processing $25.00 $25.00 Finance and Administrative Services Pawn or Purchaser of Valuable Articles Transaction Fee $0.30 $0.30 Finance and Administrative Services Pawnbroker/Auto Pawn Annual $1,250.00 $1,250.00 Finance and Administrative Services Pawnbroker/Auto Pawn Initial Fee $2,500.00 $2,500.00 Finance and Administrative Services Pet Store Annual $250.00 $250.00 Finance and Administrative Services Purchaser of Valuable Articles Annual $250.00 $250.00 Finance and Administrative Services Reflexology Annual $100.00 $100.00 Finance and Administrative Services Retail Marijuana Additional Tax Rate effective 1/2/2018-First Year Total Rate is 7.0% 8.50%1.50%7.00%In November 2016, voters approved raising the sales tax on retail/recreational marijuana up to 15%. The first year a 3.5% increase was established effective 1/2/2018 with an annual increase of 1.5% up to 15.0%. Effective 1/2/2018 the sales tax rate for retail/recreational marijuana is 7% (3.5% current rate plus the authorized 3.5%) whereas the medical marijuana rate remains at 3.5%. Finance and Administrative Services Returned Check Fee For each bank returned item $30.00 $5.00 $25.00 Finance and Administrative Services Sales Tax License Application Fee $25.00 $25.00 Page 121 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments Finance and Administrative Services Sales Tax Rate 3.50%3.50% Finance and Administrative Services Special Events Per Event $40.00 $40.00 Finance and Administrative Services Tattoo Establishments Annual $100.00 $100.00 Finance and Administrative Services Telecommunications Facility: Annual $50.00 $50.00 Finance and Administrative Services Telecommunications Facility: Initial Fee $100.00 $100.00 Finance and Administrative Services Telecommunications Tower: Annual $50.00 $50.00 Finance and Administrative Services Telecommunications Tower: Initial Fee $200.00 $200.00 Finance and Administrative Services Temporary Employment Services Annual $100.00 $100.00 Finance and Administrative Services Trash Hauling Annual Per Truck $75.00 $75.00 Finance and Administrative Services Use Tax Rate 3.50%3.50% Finance and Administrative Services Waste Transfer Surcharge Per cubic yard $0.50 $0.50 Fire Assessment Environmental Site Assessment $100 Per Address $100 Per Address Fire Inspection Re-Inspection Fee $150.00 (Fee increased by $100.00 for each additional re- inspection) $150.00 (Fee increased by $100.00 for each additional re- inspection) Fire Permits Commercial Kitchen Hood Systems $150.00 $150.00 Fire Permits Fire Sprinkler System - - to 50,000 sq. ft. $200 + $.025/sq. ft.$200 + $.025/sq. ft. Fire Permits Fire Sprinkler System - over 50,000 sq. ft. $1,450 + $.020/sq. ft. over 50,000 sq. ft. $1,450 + $.020/sq. ft. over 50,000 sq. ft. Fire Permits Miscellaneous Permits $150.00 $150.00 Fire Permits New Construction Building Plan - 0 to 10,000 sq. ft. $600.00 $600.00 Fire Permits New Construction Building Plan - Over 10,000 sq. ft. $600 + - $.035/sq. ft. over 10,000 sq. ft. $600 + - $.035/sq. ft. over 10,000 sq. ft. Fire Permits New Construction Building Plan - Over 50,000 sq. ft. $2,000 + $.030/sq. ft. over 10,000 sq. ft. $2,000 + $.030/sq. ft. over 10,000 sq. ft. Fire Permits Other Plan Review - (Operational Permits) $100/$150 annually with Inspection $100/$150 annually with Inspection Fire Permits Parking Structures 1/3 of New Construction Fee 1/3 of New Construction Fee Page 122 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments Fire Permits Permit Application Fee/All Permits $150.00 $150.00 Fire Permits Re-Issue of Permit/Plan Review Comments $25.00 $25.00 Fire Permits Tenant Finish/Remodel/Additions - 0 to 10,000 sq. ft. $250 + $.035/sq. ft.$250 + $.035/sq. ft. Fire Permits Tenant Finish/Remodel/Additions - over 10,000 sq. ft. $600 + - $.030/sq. ft. over 10,000 sq. ft. $600 + - $.030/sq. ft. over 10,000 sq. ft. Fire Permits Tenant Finish/Remodel/Additions - over 50,000 sq. ft. $1,800 + $.025/sq. ft. over 50,000 sq. ft. $1,800 + $.025/sq. ft. over 50,000 sq. ft. Fire Permits Work without a Permit Double the Permit Fee Double the Permit Fee Fire Plans Hazardous Materials Inventory Plan (HMIP) $200 - Two Year Permit $200 - Two Year Permit Fire Hourly Rate, Review/Inspections $80.00 $80.00 Parks, Recreation and Library Penalty Overdue Fine Daily Rate $0.20 per item, per day $0.20 per item, per day Parks, Recreation and Library Permits and Shelters Park Permits and Shelters Please refer to the following City of Englewood link for current fees: http://www.englewoodco.gov/governm ent/city-departments/parks-and- recreation/parks/pavilion-rentals-and- park-permits Please refer to the following City of Englewood link for current fees: http://www.englewoodco.gov/governme nt/city-departments/parks-and- recreation/parks/pavilion-rentals-and- park-permits Parks, Recreation and Library Classes and Programs Recreation Classes and Programs Please refer to the Recreation Guide for Current Fee Schedule Please refer to the Recreation Guide for Current Fees Police Code Enforcement Animal Impound Fee $254.58 $254.58 Animal Impound Fee (based on the cost to the city by the shelter for each animal impounded) Police Code Enforcement Dangerous Dog Permit Fee $54.00 $54.00 Dangerous Dog Permit Fee (Cost for 1 hour of FTE to inspect and document the permit requirements) Police Code Enforcement Bee Permit Fee $54.00 $54.00 Bee Permit Fee (Cost for 1 hour of FTE to inspect, speak with stakeholders and document the permit requirements) Police Code Enforcement Zoological Permit Fee $54.00 $54.00 Zoological Permit Fee (Cost for 1 hour of FTE to inspect, speak with stakeholders and document the permit requirements) Police Code Enforcement RV Transit Permit Fee $25.00 $25.00 RV Transit Permit Fee (Cost of 30 min FTE inspect and document the permit requirements) Police Fingerprinting Child Fingerprint Kits $5.00 per kit including fingerprints $5.00 per kit including fingerprints Police Fingerprinting Fingerprint Cards $2.00 per card (in addition to the fingerprint fee) $2.00 per card (in addition to the fingerprint fee) Police Fingerprinting Fingerprint Fee $15.00 per card $15.00 per card Police Reports Call for Service Reports $5.00 per location (address) per year $5.00 per location (address) per year Police Reports Police Reports $5.00 per report for search, retrieval and first 5 pages ; $.25 for each additional page over 5; Additional $10 fee for certified copies $5.00 per report for search, retrieval and first 5 pages ; $.25 for each additional page over 5; Additional $10 fee for certified copies Page 123 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments Police Clearance Letters $10.00 per letter $10.00 per letter Police Evidence Photos (CD)$25.00 per CD copied $25.00 per CD copied Police Recording Copies (Dispatch and Camera Tapes) $25.00 per hour (1 hr. minimum) $25.00 per hour (1 hr. minimum) Police Research Fee $25.00 per hour (1 hr. minimum) $25.00 per hour (1 hr. minimum) Police Sex Offender List $5.00 per list $5.00 per list Police Sex Offender Registration $75.00 initial registration; $25.00 re-registration per quarter $75.00 initial registration; $25.00 re- registration per quarter Public Works Concrete Rate Concrete Utility Charge Quarterly Bills: $0.123 per square foot x Net Square Footage/4 Quarterly Bills: $0.123 per square foot x Net Square Footage/4 Rate increase based on time and material reviewr; Last updated in 2015 Public Works Concrete Rate Concrete Utility Charge Annual Bills: $0.123 per square foot x Net Square Footage Annual Bills: $0.123 per square foot x Net Square Footage Rate increase based on time and material reviewr; Last updated in 2015 Public Works Labor Administrative $38 per hour $38 per hour Rate increase based on time and material reviewr; Last updated in 2015 Public Works Labor Engineers $63 per hour $63 per hour Rate increase based on time and material reviewr; Last updated in 2015 Public Works Labor Inspectors $52 per hour $52 per hour Rate increase based on time and material reviewr; Last updated in 2015 Public Works Occupancy Permits Block Party $25.00 fee; City will not provide barricades $25.00 fee; City will not provide barricades $0.00 - No Charge (City provides barricades (delivery and pickup) Rate increase based on time and material reviewr; Last updated in 2015 Public Works Occupancy Permits Occupancy - Dumpster/ POD (resident) $25 for first month plus $190 per each following month or portion thereof $25 for first month plus $190 per each following month or portion thereof $25.00 Rate increase based on time and material reviewr; Last updated in 2015 Public Works Occupancy Permits Oversize/Overweight Vehicle Charge is equal to cost of state permit ($30-$200) Charge is equal to cost of state permit ($30-$200) Rate increase based on time and material reviewr; Last updated in 2015 Public Works Permit/Service Asphalt Patch Fee $15.00/sq. ft.$2.75/sq. ft.$12.25/sq. ft.Rate increase based on time and material reviewr; Last updated in 2015 Public Works Permit/Service Excavation Permit Fee $195 minimum plus hourly rate $80 minimum plus hourly rate $115.00 Rate increase based on time and material reviewr; Last updated in 2015 Public Works Permit/Service Gravel Alley Cut Fee $2.00 per square foot $2.00 per square foot Rate increase based on time and material reviewr; Last updated in 2015 Public Works Permit/Service Penalty Double the calculated permit fee $230.00 Rate increase based on time and material reviewr; Last updated in 2015 Public Works Permit/Service Re-inspection Fee $75.00 $75.00 Rate increase based on time and material reviewr; Last updated in 2015 Public Works Permits Concrete Permit $195 minimum plus hourly rate $80 minimum plus hourly rate $115.00 Rate increase based on time and material reviewr; Last updated in 2015 Public Works Permits Occupancy - Contractor $190 per month $75.00 Rate increase based on time and material reviewr; Last updated in 2015 Public Works Permits Drainage Plan $157.50 plus hourly rate $157.50 Rate increase based on time and material reviewr; Last updated in 2015 Page 124 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments Public Works Permits Grading, Sediment and Erosion Control; Stormwater Management Plan $157.50 plus hourly rate $157.50 Rate increase based on time and material reviewr; Last updated in 2015 Public Works Permits Gravel Alley Repair $2.00 per square foot $2.00 per square foot Rate increase based on time and material reviewr; Last updated in 2015 Public Works Rental Rental of meeting room space Call facility to determine rental rates Call facility to determine rental rates Rate increase based on time and material reviewr; Last updated in 2015 Public Works Written Requests Encroachment Agreement - Administrative $230.00 $50.00 Rate increase based on time and material reviewr; Last updated in 2015 Public Works Written Requests Encroachment Agreement - City Council $500.00 $150.00 Rate increase based on time and material reviewr; Last updated in 2015 Public Works Written Requests Flood Plain Development Permit $400 plus cost for consultant review $200 plus consulting fees for complex proposals Rate increase based on time and material reviewr; Last updated in 2015 SPWRP Other Charges Publication of Significant Non- Compliance (SNC) The Pretreatment Division bills the facilities for the cost of publishing their SNC status in the Denver Post. The Pretreatment Division bills the facilities for the cost of publishing their SNC status in the Denver Post. SPWRP Other Charges Reimbursement of sampling The Industrial Pretreatment Division charges permitted industries for the cost of sampling associated with their Industrial Wastewater Permits. The Industrial Pretreatment Division charges permitted industries for the cost of sampling associated with their Industrial Wastewater Permits. SPWRP Re-inspection fee (proposed in municipal code revisions as [12-2- 3 (D)(5)]) Industrial Users identified for inclusion into an applicable Sector Control Program may be charged for the costs incurred by the City for re-inspections due to failure to correct non-compliances or violations identified during a sector control inspection. A fee of $100 may be assessed for each inspection required until completion of violation remedy. A fee of $100 may be assessed for each inspection required until completion of violation remedy. SPWRP Sanitation district inspection charge (proposed in municipal code revisions as [12-2-3 (D)(6)]) Sanitation Districts may be charged for the cost incurred by the City for inspecting Industrial Users included in or added to, based on inspection results, the City’s Fats, Oils, and Grease (FOG) or Petroleum Oil, Grease and Sand (POGS) Sector Control Program. The City may charge $50 per inspection for facilities contributing wastewater to the POTW from locations outside the City boundary. The City may charge $50 per inspection for facilities contributing wastewater to the POTW from locations outside the City boundary. SPWRP Surcharge for BOD, COD, and TSS in excess of normal domestic strength [12-2-3 (D) (2)] Unit charge for additional oxygen demand (AOD) $0.02 per pound $0.02 per pound SPWRP Trucked and Hauled Septage Waste hauler permit fee [12-2-4 (I) Septic Waste Fees and Charges] $100 (permits are issued yearly)$100 (permits are issued yearly) SPWRP Unit charge for additional suspended solids (SS) $0.10 per pound $0.10 per pound proposed code revision Page 125 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments SPWRP Waste hauler discharge fee [12-2- 4 (I) Septic Waste Fees and Charges ] $0.09 per gallon $0.09 per gallon proposed code revision Utilities District Annual Sewers Billed Inside City Rates 1" meter $914.33 $59.82 $854.51 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities District Annual Sewers Billed Inside City Rates 1.5" meter $1,829.20 $119.67 $1,709.53 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities District Annual Sewers Billed Inside City Rates 10" meter $41,782.03 $2,733.41 $39,048.62 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities District Annual Sewers Billed Inside City Rates 2" meter $2,932.08 $191.82 $2,740.26 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities District Annual Sewers Billed Inside City Rates 3" meter $5,851.00 $382.78 $5,468.22 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities District Annual Sewers Billed Inside City Rates 3/4" meter $551.54 $36.09 $515.45 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities District Annual Sewers Billed Inside City Rates 4" meter $9,146.42 $598.37 $8,548.05 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities District Annual Sewers Billed Inside City Rates 5/8" meter $363.64 $23.79 $339.85 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities District Annual Sewers Billed Inside City Rates 6" meter $18,292.53 $1,196.71 $17,095.82 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities District Annual Sewers Billed Inside City Rates 8" meter $29,065.40 $1,901.48 $27,163.92 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities District Annual Sewers Billed Inside City Rates Mobile Unit $100.38 $6.57 $93.81 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities District Annual Sewers Billed Inside City Rates Multi-Fam Unit $163.39 $10.69 $152.70 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities District Annual Sewers Billed Inside City Rates Single-Family Dwell $263.58 $17.25 $246.33 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities Fire Protection Service Monthly Charge - Inside City Hydrants (private) each $37.61 $37.61 Utilities Fire Protection Service Monthly Charge - Inside City Hydrants (public) each First 100 - $18.83 First 100 - $18.83 Utilities Fire Protection Service Monthly Charge - Inside City Hydrants (public) each Next 100 - $12.59 Next 100 - $12.59 Utilities Fire Protection Service Monthly Charge - Inside City Hydrants (public) each All over 200 - $6.28 All over 200 - $6.28 Page 126 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments Utilities Fire Protection Service Monthly Charge - Outside City Hydrants (private) each $43.90 $43.90 Utilities Fire Protection Service Monthly Charge - Outside City Hydrants (public) each First 100 - $25.08 First 100 - $25.08 Utilities Fire Protection Service Monthly Charge - Outside City Hydrants (public) each Next 100 - $18.83 Next 100 - $18.83 Utilities Fire Protection Service Monthly Charge - Outside City Hydrants (public) each All over 200 - $12.59 All over 200 - $12.59 Utilities In City District Sewers - Quarterly 1" meter - Flat $221.89 $14.52 $207.37 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City District Sewers - Quarterly 1" meter - Minimum $201.92 $13.21 $188.71 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City District Sewers - Quarterly 1.5" meter - Flat $443.53 $29.02 $414.51 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City District Sewers - Quarterly 1.5" meter - Minimum $403.63 $26.41 $377.22 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City District Sewers - Quarterly 10" meter - Flat $10,101.24 $660.83 $9,440.41 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City District Sewers - Quarterly 10" meter - Minimum $9,191.94 $601.35 $8,590.59 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City District Sewers - Quarterly 2" meter - Flat $710.91 $46.51 $664.40 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City District Sewers - Quarterly 2" meter - Minimum $646.87 $42.32 $604.55 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City District Sewers - Quarterly 3" meter - Flat $1,418.85 $92.83 $1,326.02 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City District Sewers - Quarterly 3" meter - Minimum $1,291.00 $84.46 $1,206.54 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City District Sewers - Quarterly 3/4" meter - Flat $133.74 $8.75 $124.99 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City District Sewers - Quarterly 3/4" meter - Minimum $121.75 $7.97 $113.78 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City District Sewers - Quarterly 4" meter - Flat $2,217.69 $145.09 $2,072.60 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City District Sewers - Quarterly 4" meter - Minimum $2,018.15 $132.03 $1,886.12 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City District Sewers - Quarterly 5/8" meter - Flat $88.21 $5.77 $82.44 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City District Sewers - Quarterly 5/8" meter - Minimum $80.22 $5.25 $74.97 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City District Sewers - Quarterly 6" meter - Flat $4,435.28 $290.16 $4,145.12 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City District Sewers - Quarterly 6" meter - Minimum $4,036.05 $264.04 $3,772.01 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City District Sewers - Quarterly 8" meter - Flat $7,026.75 $459.70 $6,567.05 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City District Sewers - Quarterly 8" meter - Minimum $6,394.24 $418.32 $5,975.92 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City District Sewers - Quarterly Mobile Unit - Flat $24.36 $1.60 $22.76 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City District Sewers - Quarterly Mobile Unit - Minimum $22.19 $1.46 $20.73 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Page 127 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments Utilities In City District Sewers - Quarterly Multi-Fam Unit - Flat $39.59 $2.59 $37.00 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City District Sewers - Quarterly Multi-Fam Unit - Minimum $35.99 $2.36 $33.63 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City District Sewers - Quarterly Single-Family Dwell - Flat $63.92 $4.19 $59.73 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City District Sewers - Quarterly Single-Family Dwell - Minimum $58.09 $3.80 $54.29 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City Sewers - Quarterly 1" meter - Flat $251.27 $16.44 $234.83 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City Sewers - Quarterly 1" meter - Minimum $228.58 $14.96 $213.62 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City Sewers - Quarterly 1.5" meter - Flat $502.47 $32.98 $469.49 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City Sewers - Quarterly 1.5" meter - Minimum $457.30 $29.92 $427.38 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City Sewers - Quarterly 10" meter - Flat $11,478.47 $750.93 $10,727.54 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City Sewers - Quarterly 10" meter - Minimum $10,445.50 $683.35 $9,762.15 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City Sewers - Quarterly 2" meter - Flat $805.39 $52.69 $752.70 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City Sewers - Quarterly 2" meter - Minimum $733.02 $47.96 $685.06 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City Sewers - Quarterly 3" meter - Flat $1,607.50 $105.17 $1,502.33 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City Sewers - Quarterly 3" meter - Minimum $1,462.76 $95.70 $1,367.06 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City Sewers - Quarterly 3/4" meter - Flat $151.54 $9.92 $141.62 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City Sewers - Quarterly 3/4" meter - Minimum $137.88 $9.02 $128.86 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City Sewers - Quarterly 4" meter - Flat $2,512.60 $164.38 $2,348.22 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City Sewers - Quarterly 4" meter - Minimum $2,286.62 $149.60 $2,137.02 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City Sewers - Quarterly 5/8" meter - Flat $99.79 $6.53 $93.26 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City Sewers - Quarterly 5/8" meter - Minimum $90.91 $5.95 $84.96 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City Sewers - Quarterly 6" meter - Flat $5,025.33 $328.76 $4,696.57 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City Sewers - Quarterly 6" meter - Minimum $4,573.13 $299.18 $4,273.95 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City Sewers - Quarterly 8" meter - Flat $7,984.99 $522.39 $7,462.60 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City Sewers - Quarterly 8" meter - Minimum $7,266.35 $475.37 $6,790.98 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City Sewers - Quarterly Mobile Unit - Flat $27.63 $1.81 $25.82 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City Sewers - Quarterly Mobile Unit - Minimum $25.10 $1.65 $23.45 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City Sewers - Quarterly Multi-Fam Unit - Flat $44.87 $2.94 $41.93 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City Sewers - Quarterly Multi-Fam Unit - Minimum $40.85 $2.68 $38.17 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Utilities In City Sewers - Quarterly Single-Family Dwell - Flat $72.44 $4.74 $67.70 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing In City Sewers - Quarterly Single-Family Dwell - Minimum $65.89 $4.31 $61.58 Increase Effective 2/4/2019; Applied to March 1, 2019 Billing Page 128 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments Utilities Interceptor Basin Agreement (IBA) - Annual Interceptor Basin Agreement (IBA) Charge Annual Bills: Winter volume x $.22059 x 6 = IBA Charge; $18.00 minimum Annual Bills: Winter volume x $.22059 x 6 = IBA Charge; $18.00 minimum Utilities Interceptor Basin Agreement (IBA) - Quarterly Interceptor Basin Agreement (IBA) Charge Quarterly Bills: Winter volume x $.22059 = IBA Charge; $4.50 minimum Quarterly Bills: Winter volume x $.22059 = IBA Charge; $4.50 minimum Utilities Labor Administrative $38.00 / Hour $38.00 / Hour Utilities Labor Inspector $52.00 / Hour $52.00 / Hour Utilities Labor Engineer $75.00 / Hour $75.00 / Hour Utilities Penalty Unauthorized Use of Water $500.00 $500.00 Utilities Penalty Delinquent Bills/Late Fees - Inside City One-time charge per bill - 5% of outstanding bill balance 2.5%One-time charge per bill - 2.5% of outstanding bill balance Utilities Penalty Delinquent Bills/Late Fees - Outside City One-time charge per bill - 25% of outstanding sewer treatment charge balance One-time charge per bill - 25% of outstanding sewer treatment charge balance Utilities Permit/Service Tap Permit/Inspection $45.00 $10.00 $35.00 Utilities Permit/Service Fire Hydrant Permit/Inspection $45.00 $45.00 Utilities Permit/Service Re-inspection $45.00 $45.00 Utilities Service Request New Account Setup $20.00 $20.00 Utilities Service Request Title Status - Status Only $10.00 $10.00 Utilities Service Request Title Status - Account Transfer $15.00 $15.00 Utilities Service Request Title Status - Cancel Transfer $20.00 $20.00 3500/yr - Total for all Title Status Types Utilities Service Request Red Tags (administered by mailing) $5 (door hanging)$5 (door hanging)300/mo Utilities Service Request Turn off (nonpayment)$35.00 $20.00 $15.00 35/mo Utilities Service Request Turn on (nonpayment)$35.00 $35.00 35/mo Utilities Service Request Liens $20.00 $20.00 900/yr Utilities Service Request Plan Review/Inspection $200.00 minmum plus hourly rate $200.00 minmum plus hourly rate Utilities Sewer Treatment Charge - Inside City Total - Inside Rate $3.4429 $0.2252 $3.2177 Utilities Sewer Treatment Charge - Outside City Rate per 1000 gallons - Outside Rate $3.0383 $0.1988 $2.8395 Utilities Sewer Treatment Charge-Inside City Collection System Charge $0.4046 $0.0264 $0.3782 Utilities Sewer Treatment Rates Outside Districts Annual Bills: Winter volume x $19.1411 = Sewer Charge; $3.0383 x 6 x 1.05 = $19.1411 Period for winter volume: November of previous year thru April of current year. $1.2522 Annual Bills: Winter volume x $17.8889 = Sewer Charge; $2.8395 x 6 x 1.05 = $17.8889. Period for winter volume: November of previous year thru April of current year. Utilities Sheridan Sanitation District Charges Business - 1" meter $40.00 $40.00 Utilities Sheridan Sanitation District Charges Business - 3/4" meter $20.00 $20.00 Utilities Sheridan Sanitation District Charges Mobile Home (each unit)$15.00 $15.00 Utilities Sheridan Sanitation District Charges Single Family Dwell $20.00 $20.00 Utilities South Arapahoe Sanitation District Charges 44% of Englewood sewer charge 44% of Englewood sewer charge Utilities South Englewood Sanitation District Charges 60% of Englewood sewer charge 60% of Englewood sewer charge Page 129 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments Utilities Southgate Sanitation District Charges 1" meter $73.20 $2.40 $70.80 Effective 6/1/2018 Utilities Southgate Sanitation District Charges 1.5" meter $146.40 $4.80 $141.60 Effective 6/1/2018 Utilities Southgate Sanitation District Charges 2" meter $292.90 $9.70 $283.20 Effective 6/1/2018 Utilities Southgate Sanitation District Charges 3" meter $658.80 $21.60 $637.20 Effective 6/1/2018 Utilities Southgate Sanitation District Charges 3/4" meter $36.60 $1.20 $35.40 Effective 6/1/2018 Utilities Southgate Sanitation District Charges 4" meter $1,317.60 $43.20 $1,274.40 Effective 6/1/2018 Utilities Southgate Sanitation District Charges 5/8" meter $36.60 $1.20 $35.40 Effective 6/1/2018 Utilities Southgate Sanitation District Charges 6" meter $3,440.40 $112.80 $3,327.60 Effective 6/1/2018 Utilities Storm Water Charge - Commercial Storm Water Charge $0.0110 per square foot of impervious surface for commercial properties $0.00546 $0.00554 per square foot of impervious surface for commercial properties Utilities Storm Water Charge - Residential Storm Water Charge $13.16 per quarter for SF residential $9.00 $4.16 per quarter for SF residential Utilities Valley Sanitation District Charges 10% of Englewood sewer charge 10% of Englewood sewer charge Utilities Water - Flat Rates 1 or more automobiles per family $9.45 $9.45 Utilities Water - Flat Rates 1-3 rooms $19.76 $19.76 Utilities Water - Flat Rates 4-5 rooms $24.71 $24.71 Utilities Water - Flat Rates 6-7 rooms $28.72 $28.72 Utilities Water - Flat Rates 8-9 rooms $31.81 $31.81 Utilities Water - Flat Rates Automatic Washer $9.46 $9.46 Utilities Water - Flat Rates Bath $19.81 $19.81 Utilities Water - Flat Rates Bath and shower $19.81 $19.81 Utilities Water - Flat Rates Dishwasher $10.83 $10.83 Utilities Water - Flat Rates Each additional 2 rooms over 9 $3.64 $3.64 Utilities Water - Flat Rates Garbage Disposal $7.27 $7.27 Utilities Water - Flat Rates Separate shower $19.81 $19.81 Utilities Water - Flat Rates Water Closet $20.18 $20.18 Utilities Water - Inside Metered Rates 1" meter Quarterly - $83.09; Admin - $10.74; Min - $72.36; Usage included in minimum bill (1000 gallons) - 22 Quarterly - $83.09; Admin $10.74; Min - $72.36; Usage included in minimum bill (1000 gallons) - 22 Utilities Water - Inside Metered Rates 1.5" meter Quarterly - $158.81; Admin - $10.81; Min - $148.01; Usage included in minimum bill (1000 gallons) - 45 Quarterly - $158.81; Admin $10.81; Min - $148.01; Usage included in minimum bill (1000 gallons) - 45 Utilities Water - Inside Metered Rates 10" meter Quarterly - $1,457.91; Admin - $40.41; Min - $1,417.50; Usage included in minimum bill (1000 gallons) - 450 Quarterly - $1,457.91; Admin $40.41; Min - $1,417.50; Usage included in minimum bill (1000 gallons) - 450 Page 130 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments Utilities Water - Inside Metered Rates 2" meter Quarterly - $249.66; Admin - $12.85; Min - $236.81; Usage included in minimum bill (1000 gallons) - 72 Quarterly - $249.66; Admin $12.85; Min - $236.81; Usage included in minimum bill (1000 gallons) - 72 Utilities Water - Inside Metered Rates 3" meter Quarterly - $461.65; Admin - $17.64; Min - $444.02; Usage included in minimum bill (1000 gallons) - 135 Quarterly - $461.65; Admin $17.64; Min - $444.02; Usage included in minimum bill (1000 gallons) - 135 Utilities Water - Inside Metered Rates 3/4" meter Quarterly - $9.71; Admin - $9.71; Usage included in minimum bill (1000 gallons) - None Quarterly - $9.71; Admin $9.71; Usage included in minimum bill (1000 gallons) - None Utilities Water - Inside Metered Rates 4" meter Quarterly - $764.50; Admin - $24.48; Min - $740.03; Usage included in minimum bill (1000 gallons) - 225 Quarterly - $764.50; Admin $24.48; Min - $740.03; Usage included in minimum bill (1000 gallons) - 225 Utilities Water - Inside Metered Rates 5/8" meter Quarterly - $8.51; Admin - $8.51; Usage included in minimum bill (1000 gallons) - None Quarterly - $8.51; Admin $8.51; Usage included in minimum bill (1000 gallons) - None Utilities Water - Inside Metered Rates 6" meter Quarterly - $1,457.91; Admin $40.41; Min - $1,417.50; Usage included in minimum bill (1000 gallons) - 450 Quarterly - $1,457.91; Admin $40.41; Min - $1,417.50; Usage included in minimum bill (1000 gallons) - 450 Utilities Water - Inside Metered Rates Quarterly Usage Rate per 1000 gallons First 400,000 - $3.29 First 400,000 - $3.29 Utilities Water - Inside Metered Rates Quarterly Usage Rate per 1000 gallons Over 400,000 - $2.04 Over 400,000 - $2.04 Utilities Water - Outside Metered Rates 1" meter Quarterly - $112.80; Admin - $11.36; Min - $101.44; Usage included in minimum bill (1000 gallons) - 22 Quarterly - $112.80; Admin $11.36; Min - $101.44; Usage included in minimum bill (1000 gallons) - 22 Utilities Water - Outside Metered Rates 1.5" meter Quarterly - $218.12; Admin - $10.62; Min - $207.50; Usage included in minimum bill (1000 gallons) - 45 Quarterly - $218.12; Admin $10.62; Min - $207.50; Usage included in minimum bill (1000 gallons) - 45 Utilities Water - Outside Metered Rates 10" meter Quarterly - $2,049.42; Admin $40.52; Min - $2,008.90; Usage included in minimum bill (1000 gallons) - 450 Quarterly - $2,049.42; Admin $40.52; Min - $2,008.90; Usage included in minimum bill (1000 gallons) - 450 Utilities Water - Outside Metered Rates 2" meter Quarterly - $344.59; Admin - $12.60; Min - $331.99; Usage included in minimum bill (1000 gallons) - 72 Quarterly - $344.59; Admin $12.60; Min - $331.99; Usage included in minimum bill (1000 gallons) - 72 Utilities Water - Outside Metered Rates 3" meter Quarterly - $639.62; Admin - $17.14; Min - $622.49; Usage included in minimum bill (1000 gallons) - 135 Quarterly - $639.62; Admin $17.14; Min - $622.49; Usage included in minimum bill (1000 gallons) - 135 Utilities Water - Outside Metered Rates 3/4" meter Quarterly - $9.22; Admin - $9.22; Usage included in minimum bill (1000 gallons) - None Quarterly - $9.22; Admin $9.22; Usage included in minimum bill (1000 gallons) - None Page 131 of 247 City of Englewood, Colorado Fee and Rate Schedule To Be Effective January 1, 2019 Department Type Description Fees and Rates Effective 1/1/2019 Proposed Fee or Rate Increase Effective 1/1/2019 Current Rate Comments Utilities Water - Outside Metered Rates 4" meter Quarterly - $1,057.04; Admin $19.57; Min - $1,037.48; Usage included in minimum bill (1000 gallons) - 225 Quarterly - $1,057.04; Admin $19.57; Min - $1,037.48; Usage included in minimum bill (1000 gallons) - 225 Utilities Water - Outside Metered Rates 5/8" meter Quarterly - $8.58; Admin - $8.58; Usage included in minimum bill (1000 gallons) - None Quarterly - $8.58; Admin $8.58; Usage included in minimum bill (1000 gallons) - None Utilities Water - Outside Metered Rates 6" meter Quarterly - $2,049.42; Admin $40.52; Min - $2,008.90; Usage included in minimum bill (1000 gallons) - 450 Quarterly - $2,049.42; Admin $40.52; Min - $2,008.90; Usage included in minimum bill (1000 gallons) - 450 Utilities Water - Outside Metered Rates Quarterly Usage Rate per 1000 gallons First 400,000 - $4.61 First 400,000 - $4.61 Utilities Water - Outside Metered Rates Quarterly Usage Rate per 1000 gallons Over 400,000 - $3.29 Over 400,000 - $3.29 Page 132 of 247 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dan Poremba DEPARTMENT: Community Development DATE: February 19, 2019 SUBJECT: Professional Services Agreement for Legal Services with Kaplan Kirsch Rockwell DESCRIPTION: Professional Services Agreement for Legal Services with Kaplan Kirsch Rockwell RECOMMENDATION: In accordance with a recommendation from the Board of the Englewood Environmental Foundation Staff Meeting, Board 2019 1, February by at motion approved (EEF), the recommends that City Council approve a Professional Services Agreement with Kaplan Kirsch Rockwell LLP to serve as Special Counsel in connection with ground lease matters and redevelopment issues associated with the upcoming sale of the former Weingarten Realty property at CityCenter. PREVIOUS COUNCIL ACTION: At the January 7, 2019 study session, the City Council gave direction to staff through consensus to solicit laws firms to provide specialized legal services to the City Council in association with the redevelopment of the former Weingarten Realty property. SUMMARY: To protect Englewood’s investment in the real property located at City Center, and its interests in the future redevelopment of this area which is integral to the Englewood community, Community Development recommended at the January 7, 2019 Council Study Session that the City retain Special Counsel to assist in future dialog with C-III, the current owner of the Weingarten property, and its prospective buyers regarding the ground lease and the potential for developing public-private partnerships. Special Counsel’s role will be to advise the City Council concerning the critical legal decisions and tasks connected with the potential redevelopment of portions of Englewood CityCenter. Special Counsel will work directly with a Project Team under the direction of Dan Poremba. The Project Team will work under the direction of the Englewood City Council, with the guidance of special counsel, to achieve the best fiscal outcome for the City in the short and long term. T he Special Counsel will also assist in evaluating EEF’s future role in association with the redevelopment. Following direction from Council a Legal Services RFQ (RFP-19-003) was issued on January 10, 2019 (posted on Bidnet). The RFQ stated that the "City Council will make all final decisions concerning this Project. To manage the Project, the City will establish a Project Team comprised of appropriate members of the City’s professional staff, representatives of EEF, and outside consultants (“Project Team”). The Project Team will achieve their Project Page 133 of 247 responsibilities subject to direction from the Englewood City Council. The outside legal counsel will work with this Project Team in support of the City’s best future interests as described within this RFQ.” Four qualifying proposals were received. At the February 1, 2019 EEF Board meeting, the EEF Board reviewed the proposals relative to the evaluation criteria listed in the RFQ, including cost. An overview of the RFQ's was provided by Dan Poremba. Mr. Poremba concluded that the firm of Kaplan Kirsch Rockwell had the highest total score in his objective compar ison of the standards set forth within the RFQ. Because the RFQ involved legal services the City Attorney also provided the EEF board with an overview. She informed the EEF board that all four firms were excellent, although each appeared to have a slightly different background and approach to municipal redevelopment projects. While a perfect cost comparison was not possible, a comparison of the blended cost of attorneys anticipated by each firm to be involved in the City's project resulted in a determination that the lowest blended cost was offered by Kaplan Kirsch and Rockwell. The EEF Board voted to recommend to City Council the selection of the firm of Kaplan Kirsch Rockwell. The EEF Board also voted to pay the costs associated with this Special Counsel as their budget would allow because the goals of Special Counsel were specific to the goals of EEF. The subject RFQ and the response from Kaplan Kirsch Rockwell LLP are attached. ANALYSIS: The services to be performed by Special Counsel include the following: A. Advise and assist the City and EEF on ground lease matters, including related communications and amendment negotiations with C-III and its prospective buyers; B. Evaluation of City Charter limitations pertaining to City and EEF real property transactions; C. Drafting an anticipated Unsolicited Response Policy and Ordinance pertaining to the City Property (may involve the services of a sub-consultant with related expertise); D. Review of an anticipated Developer Request for Qualifications/Responses package and solicitation process pertaining to the City Property; E. Drafting and negotiation of related agreements; F. Other associated legal tasks as arise. FINANCIAL IMPLICATIONS: During the February 1, 2019 EEF Board meeting, the Board approved the payment of Special Counsel legal fees from EEF’s Central Cash-Unrestricted Balance account (approximately $374,000 as of December 31, 2018). A budget for related legal expenses will be formulated once the Special Counsel is formally retained and has had time to review the subject ground lease and issues related to the approaching sale of the C-III Property. The specific budget will be provided for Council’s review and information. Page 134 of 247 CONCLUSION: Based on the recommendations of the EEF Board, and its own review of the RFQ's received, staff recommends City Council approve a Professional Services Agreement with Kaplan Kirsch Rockwell LLP through December 31, 2019, subject to a one-year renewal at the discretion of the City Council. Compensation shall be in accordance with the discounted hourly billing rates proposed by Kaplan Kirsch Rockwell LLP as documented in their RFQ response and the Professional Services Agreement, both of which are attached. ATTACHMENTS: Contract Approval Summary Legal Services RFQ-19-003 RFQ Response from Kaplan Kirsch Rockwell LLP Professional Services Agreement Page 135 of 247 Contract Approval Summary V10/25/2017 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Dan Poremba Phone: 303.762.2366 Title: Chief Redevelopment Officer Email: dporemba@englewoodco.gov Vendor Contact Information Vendor Name: Kaplan Kirsch Rockwell LLP Vendor Contact: Sarah M. Rockwell, Partner Vendor Address: 1675 Broadway, Suite 2300 Vendor Phone: 303.825.7000 City: Denver Vendor Email: srockwell@kaplankirsch.com State: CO Zip Code: 80202 Contract Type Contract Type:Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: Upon execution End Date: December 31, 2019 Total Years of Term: Total Amount of Contract for term (or estimated amount if based on item pricing): $90,000 estimate for Year 1 Special Counsel’s role is to advise the City Council and to provide support to a Project Team comprised of City staff members, representatives of EEF, and outside consultants, all concerning the critical legal decisions and tasks connected with the potential redevelopment of portions of Englewood CityCenter. The Project Team will achieve their responsibilities subject to direction from the Englewood City Council and the City Council will make all final decisions concerning this project. Services to be performed by Special Counsel include the following: A. Advise and assist the City and EEF on ground lease matters, including related communications and amendment negotiations with C-III and its prospective buyers, B. Evaluation of City Charter limitations pertaining to City and EEF real property transactions, C. Drafting of an anticipated Unsolicited Response Policy and Ordinance pertaining to the City Property (may involve the services of a sub-consultant with related expertise), D. Review of an anticipated Developer Request for Qualifications/Responses package and solicitation process pertaining to the City Property, E. Drafting and negotiation of related agreements. Page 136 of 247 Contract Approval Summary V10/25/2017 Page | 2 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Subject to a one-year renewal at the discretion of the City Council, with advisement from the EEF Board. Payment terms (please describe terms or attach schedule if based on deliverables): Monthly billings and payments (by check) for legal services. Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Source of funds: Budgeted Funds: During the February 1, 2019 EEF Board meeting, the EEF Board approved the payment of Special Counsel legal fees from EEF’s Central Cash-Unrestricted Balance account (approximately $374,000 as of December 31, 2018). A budget for related legal expenses will be formulated once the Special Counsel is on board and had time to review the subject ground lease and issues related to the approaching sale of the C-III Property. The specific budget will be provided for Council’s review and information. NOTE: Additional sources of funding may include a pending DRCOG Station Area Grant and reimbursement from future transactions. Line Item Description: Line Item Total Funding: $ Portion of Line Item spent to date: $ Funding Source: Fund: Division Code: Note (if needed): Program: Attachments: ☐Copy of budget page from current budget book if contract value $25,000 or over or requires Council approval. 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 Page 137 of 247 Request for Qualifications Legal Services CityCenter Redevelopment Project City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Page 138 of 247 P a g e 2 | 11 RFQ-19-003 Legal Services/Englewood CityCenter Redevelopment Project REQUEST FOR QUALIFICATIONS - OUTSIDE LEGAL COUNSEL ENGLEWOOD CITYCENTER REDEVELOPMENT PROJECT Objective: The City of Englewood, Colorado (“City”), and the Englewood Environmental Foundation, (“EEF”), a tax exempt political subdivision created by the City of Englewood under §170 of the IRS code, (collectively identified as “municipal entities”) are requesting responses from suitably qualified and experienced legal professionals (“Respondents”) to advise the City Council and to provide support to a Project Team comprised of City staff members, representatives of EEF, and outside consultants, all concerning the critical legal decisions and tasks connected with the anticipated redevelopment of portions of the Englewood CityCenter transit-oriented development, originally opened in 2000. The redevelopment of the CityCenter Redevelopme nt Project is hereafter referred to as the "Project". This Request for Qualifications (“RFQ”) is a formal invitation to qualified Firms to submit a statement of qualifications in accordance with the scope of services and specifications, in conformance with the bid format instructions described herein. Background: The 55-acre Englewood CityCenter was widely-recognized as a successful transit- oriented development project when it opened almost 20 years ago with more than 800,000 SF of new development that replaced the Cinderella City regional mall. See Exhibit A for an aerial overview of Project area. The CityCenter Development is now being impacted by factors that set the stage for its redevelopment, including: (a) low-density development with extensive surface parking and some missing property uses, (b) the changing nature of big-box retail centers, (c) public preferences for walkable, mixed-use settings offering authentic consumer experiences, (d) the built-out RTD FasTracks system which now provides regional commuter rail accessibility, and (e) the fact that the City/EEF kept control over about half of the land through ground lease and continued fee ownership. Project Description: CityCenter Redevelopment Project The City has identified the following general goals for the Project: • Encourage the redevelopment of key portions of CityCenter to significantly update its dated mix of uses, density and lack of walkability, as well as to also improve its financial sustainability, and improve property values; • Encourage the redevelopment of the 15.2 gross acres originally developed and operated by Weingarten Realty, (foreclosed upon in August of 2018 by the C-III Asset Management, (the “C-III Property”), a special servicer that will be seeking to sell the property in 2019) by exploring the opportunities to extend the remaining 57-year term and otherwise amend the underlying ground lease held by EEF; • Explore and potentially pursue the redevelopment of the 11.9 gross acres of City- controlled land adjacent to the multi-modal bus and rail station, (“Englewood Station”), operated by the Regional Transit District (RTD), including the Englewood Civic Center building and parking structure, the parking lot north of Englewood Station, and other EEF-controlled parcels adjacent to Englewood Station (collectively identified as “City properties”). The Englewood Civic Center building and parking structure are leased by the City from EEF through 2023, after which it reverts to the City. The parking lot north of Englewood Station is leased by the City from third parties; Page 139 of 247 P a g e 3 | 11 RFQ-19-003 Legal Services/Englewood CityCenter Redevelopment Project • Explore and potentially encourage the combined redevelopment of the C-III Property and the City Property as a transit-oriented, public-private partnership project, involving additional uses such as residential, hotel, smaller-format retail and office. See Exhibit B for CityCenter site plan depicting the C-III Property and the City Property; • Leverage the redevelopment potential of the C-III Property and the City Property to evaluate various options for housing the City government functions, including the City’s administrative functions, City Council chambers, courts and public library, all currently located in the Civic Center building in newer, lower-cost alternatives; • Leverage the current high level of national and international real estate market interest in metro Denver to attract and leverage private sector expertise in: o Redevelopment planning, phasing and implementation, o Financing, and o Operational and revitalization expertise, including community programming, and marketing; • Explore opportunities to monetize the City’s property interests in the C-III Property and the City Property so as to create new revenue streams for the City, in addition to increasing the CityCenter area property and sales taxes; • Better connect and integrate CityCenter with Downtown Englewood and the Hospital/Healthcare District, to revitalize the City’s overall commercial core (including an anticipated effort to form a Downtown Development District covering the commercial core); • Opportunities to leverage the Opportunity Zone designation applicable to the area within which the Project is located. To achieve these overarching goals, the City expects to evaluate, select and then collaboratively partner with one or more qualified private-sector developers, including the potential purchaser of the C-III Property, to explore and then implement a mix of coordinated vertical development project opportunities within the C-III Property and/or the City Property. It is expected that the City may need to negotiate, document, execute and monitor a number of related transactions and agreements. The City Council will make all final decisions concerning this Project. To manage the Project, the City will establish a Project Team comprised of appropriate members of the City’s professional staff, representatives of EEF, and outside consultants (“Project Team”). The Project Team will achieve their Project responsibilities subject to direction from the Englewood City Council. The outside legal counsel will work with this Project Team in support of the City’s best future interests as described within this RFQ. The term of the legal services engagement will be subject to annual renewal at the discretion of the City Council, with advisement from EEF. The City, and EEF acting as the City’s current agent regarding management of these properties, reserve the right to alter or abandon the Project at any time. Once the agreed-upon work as set forth within this RFQ is complete, the City and EEF may: (i) amend the contract with Special Counsel, (ii) initiate a new procurement for Special Counsel, or (iii) take no action. Page 140 of 247 P a g e 4 | 11 RFQ-19-003 Legal Services/Englewood CityCenter Redevelopment Project Scope of Services: Special Counsel will work under the overall direction of the Project Team in association with any other consultants involved with the Project Team, and in a day-to-day supporting role to the Chief Redevelopment Officer of the City. Special Counsel will be expected to work closely and collaboratively with the attorneys of the Englewood City Attorney's Office, the Attorneys for EEF, and the EEF Board of Directors. Services to be performed by Special Counsel include the following: A. Advise and assist the City and EEF on ground lease matters, including related communications and amendment negotiations with C-III and its prospective buyers, B. Evaluation of City Charter limitations pertaining to City and EEF real property transactions, C. Drafting of an anticipated Unsolicited Response Policy and Ordinance pertaining to the City Property (may involve the services of a sub-consultant with related expertise), D. Review of an anticipated Developer Request for Qualifications/Responses package and solicitation process pertaining to the City Property, E. Drafting and negotiation of related agreements. Qualifications Statement: Please respond to this request by submitting a written statement of qualifications setting forth your firm's qualifications and addressing the following inquiries: A. Describe the nature of the firm's practice in the areas of ground leases, master developer agreements public-private partnerships for vertical development projects, public finance, and infrastructure development. Please provide relevant marketing materials in support of your response to this inquiry. B. Describe the firm's recent, relevant experience in advising and assisting in negotiation and drafting of a public-private partnership, development, or other similar agreements in the context of a large-scale transit-oriented development. Highlight any work that was done in connection with other municipalities. C. Identify the specific individual(s) who would provide legal services to the City and specify which individual would be the principal contact. Identify the nature of the work each individual would perform together with a brief description of the individual's relevant experience in areas covered by the scope of services. Address experience, if any, in municipal law, and federal, State of Colorado, and City laws and regulations as each may relate to the Project. Provide attorney biographies to assist in the response to this inquiry. The selected firm must notify the City Attorney and Chief Redevelopment Officer before changing/reassigning any of the key staff involved with the engagement. D. Describe the firm's ability to respond quickly and efficiently to the City's needs. For example, there may be instances in which the City requires Special Counsel's attendance at a meeting on short notice, or a redraft of a document or portions thereof in a short amount of time. E. Please specify individual hourly fees for legal services and other costs, and the extent to which such fees and costs are discounted for government clients. Alternative fee Page 141 of 247 P a g e 5 | 11 RFQ-19-003 Legal Services/Englewood CityCenter Redevelopment Project arrangements will also be considered. No increase in fees or costs shall be allowed during the engagement. Describe how the firm would manage the work set forth in the scope of services to achieve the best value for the City. There are significant background documents that will need to be scanned and reviewed and the City in interested in how these tasks will be accomplished on a cost-efficient basis. All material submitted in connection with this document becomes the property of the City of Englewood. Any and all information received by the City shall become public record and shall be open to public inspection should an award of contract result from this solicitation, except to the extent the bidding entity designates trade secrets or other proprietary data to be confidential pursuant to specific provisions of C.R.S. 24-72-204(3)(a)(IV). Instructions for Respondents: A. Inquiries may be directed, to: Dan Poremba Chief Redevelopment Officer City of Englewood dporemba@englewoodco.gov CONTACT WITH MEMBERS OF THE GOVERNING BODY OR PERSONNEL OF THE CITY OF ENGLEWOOD, OTHER THAN DAN POREMBA, OR THE DESIGNATED PURCHASING OFFICIAL, REGARDING THIS REQUEST FOR QUALIFICATIONS MAY BE GROUNDS FOR DISQUALIFICATION. B. The City of Englewood has contracted with BidNet and utilizes a central bid notification system created for the City of Englewood. This system will allow vendors to register online and receive notification of new bids, amendments and awards. If you do not have internet access, please call the BidNet support group at (800) 677-1997 extension #214. Vendors with internet access should review the registration options at the following website: www.bidnetdirect.com C. Proposals are to be no more than thirty (30) total pages in length. All proposals must be received by 3:00 pm Mountain Time, Monday, January 28, 2019. Faxed proposals will be rejected. Late proposals will not be considered. D. Firms selected to interview with the Project Team will be notified on or before February 6, 2019, if such interviews are necessary. Selection Criteria: Each proposal will be independently evaluated on the following criteria: A. Scope of Services and Approach. Experience in the areas of law associated with:  ground leases,  transit oriented development ground leases,  experience with negotiating and drafting long term master developer agreements,  experience with negotiating and drafting public private partnership agreements, Page 142 of 247 P a g e 6 | 11 RFQ-19-003 Legal Services/Englewood CityCenter Redevelopment Project  experience drafting unsolicited response policies, and  experience drafting ordinances associated with all agreements and proposed policies,  experience advising on Developer RFQ packages and solicitations;  experience and demonstrated success in providing legal services of the kind identified in the scope of services; and  extent to which the firm's cost response provides the best value to the City for the work performed under the scope of services. B. Demonstrated ability to respond quickly and efficiently to the City's requests, and to be available upon short notice to participate in-person in meetings. C. Firm Experience/Qualifications. Experience in providing services similar to those requested and having obtained favorable outcome (“Favorable outcomes” should be measured in terms of number of successful public/private partnerships for vertical development projects, public finance, and infrastructure development). D. Project Manager Experience/Qualifications. Experience and qualifications of the Firm’s person/persons who will be providing services to the City on the project. E. Cost. Total estimated fees and expenses for the services broken down by task. The reasonableness of the work hours compared to each project task or phase. While cost will be an important consideration in the award of the contract, the contract will be awarded to the firm deemed to have proved the proposal in the best overall interest of the City, including the best overall value and fit to the needs of the City. F. Availability. Availability to complete the work within the required time frame. G. Sample Materials. Quality and quantity of documents provided with this type of project. H. References. Quality and quantity of client references provided. Evaluation of past performances as stated by references in the proposal and of relevance of past experience as reported in this submission. I. Dependability. Ability to meet time and cost estimates as evidenced by documentation provided through references. J. Quality of Response. The overall quality of the response, conformance to format and its responsiveness to this request for proposal. Terms and Conditions A. The City reserves the right at its sole discretion to reject all submittals received without penalty and not to issue a contract as a result of this request for response. The City also reserves the right at its sole discretion to waive minor administrative irregularities contained in any submittal. B. The City reserves the right to request clarification of information submitted, and to request additional information from any party submitting responses. C. The City reserves the right to award any contract to the next most qualified firm that responds to this request for qualification, if the successful firm does not execute a contract approved as to terms by the City Attorney within seven (7) days after the award. (See subsection F below). Page 143 of 247 P a g e 7 | 11 RFQ-19-003 Legal Services/Englewood CityCenter Redevelopment Project D. Any responses may be withdrawn until the date set forth above as the deadline for accepting responses to this RFQ. Any responses not so timely withdrawn shall constitute an irrevocable offer, for a period of ninety (90) days—or until one or more of the responses have been approved by the City whichever occurs first—to negotiate a contract in good faith with the City. E. Firms may be invited for an interview. Persons who will be assigned to perform legal services for the City must attend any such interview. The City reserves the right to engage Special Counsel without interviews or further discussion of the Qualifications Statements. F. The City is not responsible for any costs incurred by a firm in preparing, submitting or presenting its response. Additionally, if an oral presentation is required to supplement and/or clarify a response for the City Council, or the Project Team, such pres entation expenses shall be borne by the firm. G. The contract resulting from acceptance of response by the City will be generated by the City to reflect the specification in this request for response. If firm modifies the terms of the contract such modified contract shall be deemed a counter offer. The City reserves the right to reject any proposed counter offer that in its opinion does not conform to the specification contained in this response, and which is not approved by the City Attorney. The standard form of Professional Services Agreement currently used by the City is attached as Exhibit C. By submitting a Qualifications Statement you/your firm confirms that the standard form is acceptable, unless a brief explanation of concerns and alternative language, if any, is included in your Qualifications Statement. Any exceptions to the terms and conditions will be taken into consideration when evaluating Qualifications Statements submitted. Modifications to sections of the contract entitled: "Insurance," "Defense and Indemnification," "Colorado Governmental Immunity Act," "No Employment of Illegal Aliens to Perform Work Under the Agreement," "No Discrimination in Employment," and "Governing Law; Venue'' will render your Qualifications Statement non- responsive. H. The firm will be required to assume responsibility for all services offered in the response, whether or not directly performed by the firm. Further, the Consultant will be the sole point of contact for the City with regard to contractual matters, including payment of any and all charges resulting from the contract. I. The City reserves the right to make an award without further discussion of the response submitted. Therefore, the response should be submitted initially on the most favorable te rms which the firm can propose. The firm shall specifically stipulate the response is predicated upon acceptance of all terms and conditions of the request for response. By submitting a Qualifications Statement, the firm certifies that it has fully read a nd understands this request and has full knowledge of the scope, terms and conditions of services to be provided and the contract to be executed. Page 144 of 247 P a g e 8 | 11 RFQ-19-003 Legal Services/Englewood CityCenter Redevelopment Project Exhibit A – CityCenter Aerial View Page 145 of 247 P a g e 9 | 11 RFQ-19-003 Legal Services/Englewood CityCenter Redevelopment Project Exhibit B – CityCenter Site Plan Depicts the C-III Property and the City Property Page 146 of 247 P a g e 10 | 11 RFQ-19-003 Legal Services/Englewood CityCenter Redevelopment Project Exhibit C – City of Englewood Legal Services Agreement Page 147 of 247 P a g e 11 | 11 RFQ-19-003 Legal Services/Englewood CityCenter Redevelopment Project Page 148 of 247 11 (I1 well fI\fI1FI|‘ Eou.;um.§:m_nmxNONowOU..w>:mn 3E.m~m.nom:2SR23 22 ..:?:o:< 8E.m$.3m:2E685E:.3 .3.a 52:.5:3. .co_?::o«=_E5 %_>oa 2.2520.525.oocotu&8=5.58:::8Boom=ozmF:o.E__m:oEE.m 2_=_uo._no».t .um.Eoo «Odam2:mo0qua52uotomua:o=m:.:£E_a=o_:E.m 2:uE>o._m8 mm:95 mm.0:2:movown;noEo???mm=o:8_.:_m=c2:Ecom:2:»:2:mmoucum8umaonmuz=5 uuN_..aw.oo>m._35 .m:o_.Eo_u_m=ooEUEm>u_2 Ea .ou.3.m2:moBan:2:“coco. 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_._._.sum.m_uommmmm:mw_25._wa_u_::Eucm..cmEocm.o.m.mm_mm._.3:new.:_m.:m__o._o.uom 2§_aucmu__n_.a£3c_.:mmma...:.m_Eo.__moucmoum._o_oo£3:_umuzomamm:nmcmm.m:o_.m_.ommc._o.ommm.m>_._aucm2.25ucm.m.m.mo_mm._sum:95.mm~_mm:aEmmozomam.__m2c_uomswam mmo_>.mw_mmm._u 899 m_._o=8_.___m=O.8 ?mauwm2mmcoam 1....__wz£uo¢a ._...2_x ._n_%x __w>>v_uom._>_ {'1 {'1 {'1 Page 162 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA/19-17 Kaplan Kirsch & Rockwell LLP PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/19-17 Counsel for the anticipated redevelopment of portions of the COE City Center (not to exceed $90,000) This Professional Services Agreement (the “Agreement”) is made as of this _____ day of ____________, 20__, (the “Effective Date”) by and between Kaplan Kirsch & Rockwell LLP, a Colorado corporation (“Consultant”), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado (“City”). City desires that Consultant, from time to time, provide certain consulting services, systems integration services, data conversion services, training services, and/or related services as described herein, and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Definitions. The terms set forth below shall be defined as follows: (a) “Intellectual Property Rights” shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask- works, (2) trademark and trade name rights and similar rights, (3) trade secret rights, (4) patents, designs, algorithms and other industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (6) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b) “Work Product” shall mean all patents, patent applications, inventions, designs, mask works, processes, methodologies, copyrights and copyrightable works, trade secrets including confidential information, data, designs, manuals, training materials and documentation, formulas, knowledge of manufacturing processes, methods, prices, financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared, documented and/or delivered by Consultant, pursuant to the provision of the Services. 2. Statements of Work. During the term hereof and subject to the terms and conditions contained herein, Consultant agrees to provide, on an as requested basis, the consulting services, systems integration services, data conversion services, training services, and related services (the “Services”) as further described in Attachment A (the “Statement of Work”) for City, and in such additional Statements of Work as may be Page 163 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 PSA/19-17 Kaplan Kirsch & Rockwell LLP executed by each of the parties hereto from time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall incorporate all terms and conditions contained in this Agreement 3. Performance of Services. (a) Performance. Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications, if any, set forth in the Statement of Work, and in accordance with industry standards. Consultant agrees to exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b) Delays. Consultant agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Consultant’s ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work. If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice. City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion, City shall pay to Consultant the resolved amount. 5. Taxes. City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Consultant. Upon written notification by City and subsequent verification by Consultant, Consultant shall reimburse or credit, as applicable, City in a 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. Page 164 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 PSA/19-17 Kaplan Kirsch & Rockwell LLP 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, 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 Page 165 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 PSA/19-17 Kaplan Kirsch & Rockwell LLP indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31. Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. (f) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Consultant to perform its obligations hereunder. City shall provide to Consultant’s employees performing its obligations hereunder at City’s premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third party hardware or software operated by or on behalf of City, City shall, at no expense to Consultant, obtain all consents, licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 10. Staff. Consultant is an independent consultant and neither Consultant nor Consultant’s staff is, or shall be deemed to be employed by City. City is hereby contracting with Consultant for the Services described in a Statement of Work and Consultant reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Consultant or Consultant’s staff, and City shall not be required to hire, supervise or pay any assistants to help Consultant perform the Services under this Agreement. Except to the extent that Consultant’s work must be performed on or with City’s computers or City’s existing software, all materials used in providing the Services shall be provided by Consultant. 11. Confidential Information. (a) Obligations. Each party hereto may receive from the other party information which relates to the other party’s business, research, development, trade secrets or business affairs (“Confidential Information”). Subject to the provisions and exceptions set forth in the Colorado Open Records Act, CRS Section 24-72-201 et. seq., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information of a similar nature, but in no event less than a reasonable degree of care. Without limiting the generality of the foregoing, each party hereto agrees not to disclose or permit any other person or entity access to the other party’s Confidential 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 Page 166 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 PSA/19-17 Kaplan Kirsch & Rockwell LLP ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession, use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced by written documentation; (2) subsequently becomes publicly available through no fault of that party; (3) is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure; or (4) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure. (b) Know-How. For the avoidance of doubt neither City nor Consultant shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c) Remedies. Each of the parties hereto agree that if, their officers, employees or anyone obtaining access to the Confidential Information of the other party by, through or under them, breaches any provision of this Section 11, the non-breaching party shall be entitled to an accounting and repayment of all profits, compensation, commissions, remunerations and benefits which the breaching party, its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach. In addition to, and not in limitation of the foregoing, in the event of any breach of this Section 11, the parties agree that the non-breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non-breaching party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party, its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12. Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of Work, who shall act for that party on all matters under the Statement of Work. Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work. 13. Warranties. (a) Authority. Consultant represents and warrants that: (1) Consultant has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Consultant, and the performance by Consultant of its obligations 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 Page 167 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 PSA/19-17 Kaplan Kirsch & Rockwell LLP (b) Service Warranty. Consultant warrants that its employees and consultants shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c) Personnel. Unless a specific number of employees is set forth in the Statement of Work, Consultant warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work. During the course of performance of Services, City may, for any or no reason, request replacement of an employee or a proposed employee. In such event, Consultant shall, within five (5) working days of receipt of such request from City, provide a substitute employee of sufficient skill, knowledge, and training to perform the applicable Services. Consultant shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. (d) Compensation and Benefits. Consultant shall provide for and pay the compensation of employees and shall pay all taxes, contributions, and benefits (such as, but not limited to, workers’ compensation benefits) which an employer is required to pay relating to the employment of employees. City shall not be liable to Consultant or to any employee for Consultant’s failure to perform its compensation, benefit, or tax obligations. Consultant shall indemnify, defend and hold City harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 14. Indemnification. (a) Consultant Indemnification. Consultant shall indemnify, defend and hold harmless City, its directors, officers, employees, and agents and the heirs, executors, successors, and permitted assigns of any of the foregoing (the “City Indemnitees”) from and against all losses, claims, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries, damage to tangible property, and other damages, of any kind or nature, suffered or incurred by a City Indemnitee directly or indirectly arising from or related to: (1) any negligent or intentional act or omission by Consultant or its representatives in the performance of Consultant’s obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Consultant contained in this Agreement. (b) Infringement. Consultant will indemnify, defend, and hold City harmless from all Indemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party; provided, however, that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on: (1) use of the Work Product in combination with products or services not provided by Consultant to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. 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 Page 168 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 PSA/19-17 Kaplan Kirsch & Rockwell LLP proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided, however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys, all at such party’s cost and expense; provided further, however, that no settlement or compromise of an asserted third- party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification. (d) Immunity. City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. Insurance. (a) Requirements. Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1) The Consultant shall comply with the Workers’ Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’ Compensation claims arising from performance of the work under this contract. Workers’ Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, as well as the Employers’ Liability within the minimum statutory limits. (2) Commercial General Liability Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than three million dollars ($3,000,000) per occurrence. (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of Consultant’s operations or Services in an amount not less than one million dollars ($1,000,000) per occurrence. (4) Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Consultant personnel, acting alone or with others, in an amount not less than one million dollars ($1,000,000) per occurrence. (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country, state or territory where the Services are being performed. (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance will list the City of Englewood as an additional insured. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days’ notice of such cancellation, reduction or material change has been provided to City. 16. Rights in Work Product. (a) Generally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to Page 169 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 PSA/19-17 Kaplan Kirsch & Rockwell LLP the Work Product produced or provided by Consultant under any Statement of Work shall remain the property of Consultant. With respect to the Work Product, Consultant unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights, a non-exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual property Rights. (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and consultants shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17. Relationship of Parties. Consultant is acting only as an independent consultant and does not undertake, by this Agreement, any Statement of Work or otherwise, to perform any obligation of City, whether regulatory or contractual, or to assume any responsibility for City’s business or operations. Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work. 18. Complete Agreement. This Agreement contains the entire agreement, including all Exhibits, Statements of Work and other Attachments that have been executed by the parties, and are attached hereto and made a part of this Agreement. 19. Applicable Law. Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. (a) Attorney Fees. In the event that either party to this Agreement shall commence any action against the other party arising out of or in connection with this Agreement, or contesting the validity of the Agreement or any provision of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs, fees and expenses incurred by the prevailing party in connection with such action or proceeding. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the 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 Page 170 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 PSA/19-17 Kaplan Kirsch & Rockwell LLP 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 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. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30. Permits. Consultant shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Consultant shall make any change, alteration or modification that may be Page 171 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 PSA/19-17 Kaplan Kirsch & Rockwell LLP necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31. Media Releases. Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Consultant, all media releases, public announcements, or public disclosures (including, but not limited to, promotional or marketing material) by Consultant or its employees or agents relating to this Agreement or its subject matter, or including the name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Consultant shall not represent directly or indirectly that any Services provided by Consultant to City has been approved or endorsed by City or include the name, trade mark, or symbol of City on a list of Consultant’s customers without City’s express written consent. 32. Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppliers services similar to the Services. Consultant agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Consultant prior to or during the term of this Agreement shall not constitute commitments. 33. Survival. The provisions of Sections 5, 8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 shall survive any expiration or termination for any reason of this Agreement. 34. Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Hiring of 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. 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 Page 172 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 11 PSA/19-17 Kaplan Kirsch & Rockwell LLP 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. Page 173 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 12 PSA/19-17 Kaplan Kirsch & Rockwell LLP 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 ______________________________________ (Consultant Name) ______________________________________ Address ______________________________________ City, State, Zip Code By: (Signature) ________________________________ (Print Name) Title: ______________________________ Date: ______________________________ Page 174 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 13 PSA/19-17 Kaplan Kirsch & Rockwell LLP ATTACHMENT A STATEMENT OF WORK 1. GENERAL Statement of Work for Professional Services Agreement between the City of Englewood, Community Development Department (City) and Kaplan Kirsch Rockwell LLP (Consultant), 1675 Broadway, Suite 2300, Denver, Colorado 80202 effective immediately upon execution by the parties and will continue through December 31, 2019, with a one year option to extend. 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Community Development: Dan Poremba, Chief Redevelopment Officer 303.762.2366 dporemba@englewoodco.gov Kaplan Kirsch & Rockwell LLP: Sarah Rockwell, Partner (303) 825-7000 srockwell@kaplankirsch.com 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Consultant is being retained to advise City Council and to provide support to a Project Team comprised of City staff members, representatives of Englewood Environmental Foundation (EEF) and outside consultants; all concerning the critical legal decisions and tasks connected with the anticipated redevelopment of portions of the Englewood CityCenter transit-oriented development originally opened in 2000. Consultant will work under the overall direction of the Project Team in association with any other consultants involved with the Project Team, and in a day-to-day supporting role to the Chief Redevelopment Officer of the City. Consultant will be expected to work closely and collaboratively with the City of Englewood City Attorney’s Office, Attorneys for EEF, and the EEF Board of Directors. The City Council will make all final decisions concerning this project. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) N/A 5. OTHER CONSULTANT RESOURCES No additional consultants shall be engaged without prior written approval by the City. Should the need arise for additional services, Consultant will coordinate any concurrent work of other consultants engaged directly by the City. Page 175 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 14 PSA/19-17 Kaplan Kirsch & Rockwell LLP 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES The Consultant shall perform the services outlined below: a. Advise and assist the City and EEF on ground lease matters, including related communications and amendment negotiations with C-III and its prospective buyers, b. Evaluation of City Charter limitations pertaining to City and EEF real property transactions, c. Drafting of an anticipated Unsolicited Response Policy and Ordinance pertaining to the City Property (may involve the services of a sub-consultant with related expertise), d. Review of an anticipated Developer Request for Qualifications/Responses package and solicitation process pertaining to the City Property, and e. Drafting and negotiation of related agreements. f. Other related services as requested by the City Attorney 7. SPECIAL TERMS, IF ANY Consultant will charge the City an hourly rate for the project based on the following table: Sarah M. Rockwell $465/hour Stephen H. Kaplan $465/hour Bill Silberstein $465/hour Brent E. Butzin $465/hour Hanna R. Gustafsson $350/hour Heather J. Haney $395/hour Reimbursable expenses are in addition to compensation for basic services and include expenses incurred by the Consultant in the interest of the Project. Expenses include travel expenses, mileage, parking, reproduction costs, plotting and preparation of electronic media, postage and delivery services that will be billed at actual cost. 8. MODE OF PAYMENT Payment will be made to Consultant in the form of a check. 9. PAYMENT SCHEDULE Consultant shall submit an invoice to the City for work completed and reimbursable expenses incurred on a monthly basis. City will pay Consultant within 30 days of receipt of said invoice. 10. SCHEDULE AND PERFORMANCE MILESTONES All deliverables will be completed to the satisfaction of the City no later than December 31, 2020. 11. ACCEPTANCE AND TESTING PROCEDURES Page 176 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 15 PSA/19-17 Kaplan Kirsch & Rockwell LLP N/A 12. LOCATION OF WORK FACILITIES Substantially all work will be conducted by Consultant at its regular office located at 1675 Broadway, Suite 2300, Denver, Colorado 80202 IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated _______________, 2019, the parties have executed this Statement of Work as of this ______ day of ________________, 2019. CITY OF ENGLEWOOD, COLORADO By: (Signature) _________________________________ (Print Name) Title: Interim Acting City Manager Date: _______________________________ KAPLAN KIRSCH ROCKWELL LLP By: (Signature) _________________________________ (Print Name) Title: Partner Date: _______________________________ Page 177 of 247 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 16 PSA/19-17 Kaplan Kirsch & Rockwell LLP ATTACHMENT B CONTRACTORS PROPOSAL Page 178 of 247 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Gonzalez DEPARTMENT: Human Resources DATE: February 19, 2019 SUBJECT: DDI Training Contract DESCRIPTION: DDI Training Contract RECOMMENDATION: Staff recommends that Council approve, by motion, a contract with Development Dimensions International, Inc. (DDI) to provide customized training for all city employees. PREVIOUS COUNCIL ACTION: None SUMMARY: An important function of the Human Resource Department is to provide for the training and professional development of employees in order to ensure that staff continuously upgrades the skills necessary to provide excellent service to the community. The HR Department does not have personnel on staff with the skills necessary to provide effective and professional training in-house. Because training needs vary widely depending on the specific departmental functions, it was important to identify a service firm that could provide a high level of customization. DDI is uniquely positioned to provide high quality training with the flexibility required to provide cost effective and relevant training. ANALYSIS: The most significant training gap in the City is the lack of training for front -line and mid-level employees responsible for responding to City crises, critical matters, and citizen interaction. In previous years, the City addressed training needs through off - the-shelf, standardized training solutions. Supervisor and employee feedback regarding these standardized training packages clearly indicated that participants did not believe that their specific training needs were being met. Page 179 of 247 The City of Englewood needs to prepare front-line and mid-level supervisors and employees who interact regularly with the public for a new digital environmen t. The City actively supports the development of effective leadership and the personalized customer service that our residents expect and demand. The City of Englewood needs a development program that is digitally savvy, aligned to its community priorities, and has lasting impact on leadership behavior. To effectively meet these goals requires a program that offers personalized learning experiences tailored to the needs of City employees. DDI offers a leadership development program that intersects business strategy, department objectives, and the employee’s personal goals by considering the demand of “just for me” experiences that guide them with tools and learning that are both relevant and engaging. These tools facilitated by subject matter experts from within the City can be applied immediately following completion of a training module. The proven effectiveness of DDI, their professional reputation, and their ability to provide cost effective solutions to the City's training needs make them the id eal firm to provide training for city employees. FINANCIAL IMPLICATIONS: The three year contract cost is $195,000, payable at $65,000 per year, subject to termination with a minimum of 30 days notice prior to the end of any term. The annual amount is less than the $75,000 that has been budgeted for training in each of the last three years, representing a projected total $30,000 cost savings over the life of the contract. Page 180 of 247 ALTERNATIVES: There is no other training company that offers such quality of training with this flexibility and level of customization. CONCLUSION: Staff recommends approval of the DDI contract. ATTACHMENTS: DDI Contract Approval Summary DDI Contract Page 181 of 247 Contract Approval Summary V10/25/2017 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Maria Gonzalez Phone: 720-289-4651 Title: HR Director Email: mgonzalez@englewoodco.gov Vendor Contact Information Vendor Name: Development Dimensions International Vendor Contact: Teri Owens Vendor Address: 1225 Washington Pike Vendor Phone: 706-321-0688 City: Bridgeville Vendor Email: Teri.Owens@ddiworld.com State: Pennsylvania Zip Code: 15017 Contract Type Contract Type :Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: February 2019 End Date: August 2022 Total Years of Term: 3 Total Amount of Contract for term (or estimated amount if based on item pricing): $195,000.00 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Yearly upon invoice Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Frontline Leadership Training Page 182 of 247 Contract Approval Summary V10/25/2017 Page | 2 Source of funds (Insert Excel Document): 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 CAPITAL & OPERATING EXPENSE A B C 1=A-B-C Capital Tyler/New World Spent to Contract Budget Operating Year Project #/Task #Fund Division Object Line Item Description Budget Date Amount Remaining C 2019 $0 $0 $0 $0 O 2019 02-0502-56702 $75,000 $0 $65,000 $10,000 Total by Fund and Current Year $75,000 $0 $65,000 $10,000 Total by Fund and Next Years O 2020 $0 $0 $65,000 ($65,000) O 2021 $0 $0 $65,000 ($65,000) Grand Total $75,000 $0 $195,000 ($120,000) NOTES: (if needed): For Operating Expense Line Item Detail, please review Attachment - Prior Month Project Status and Fund Balance Report The decision to select DDI and Associates is being driven by the need to create a wholesome training program that is cohesive for the whole city but it can still provide individual development plan for each employee and can also be delivered by city instructors. DDI is one of the most reputable training companies that offers a frontline leadership program based on the values the city holds as its own, that will allow employees from all departments, backgrounds, shifts, and specialties to assist classroom sessions thought by certified employees in business friendly schedules, or just simply make the class up individually on line. There is no other training company that offers such quality of training with this flexibility and level of customization for less that our training budget in 2018. Page 183 of 247 Page 184 of 247 Page 185 of 247 Page 186 of 247 Page 187 of 247 Page 188 of 247 Page 189 of 247 Page 190 of 247 Page 191 of 247 Page 192 of 247 Page 193 of 247 Page 194 of 247 Page 195 of 247 Page 196 of 247 Page 197 of 247 Page 198 of 247 Page 199 of 247 Page 200 of 247 Page 201 of 247 Page 202 of 247 Page 203 of 247 Page 204 of 247 Page 205 of 247 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: February 19, 2019 SUBJECT: DRCOG/Arapahoe County 2020-2023 TIP Subregional Application - Authorization for Mayor to sign a letter of support, including financial contribution - Oxford Pedestrian Bridge DESCRIPTION: DRCOG/Arapahoe County 2020-2023 TIP Subregional Application - Authorization for Mayor to sign a letter of support, including financial contribution - Oxford Pedestrian Bridge RECOMMENDATION: Staff recommends authorizing, by motion, the Mayor to sign the attached draft letter of support and financial contribution of $400,000 in support of the city of Englewood's subregional DRCOG/Arapahoe County grant submittal for the Oxford Pedestrian Bridge. PREVIOUS COUNCIL ACTION: June 4, 2018 Approval of Arapahoe County Transportation Forum Intergovernmental Agreement June 18, 2018 Approval of Appointees to the Arapahoe County Transportation Forum SUMMARY: The Denver Regional Coalition of Governments (DRCOG) has implemented a new funding & application process for regional and sub-regional projects for the fiscal year 2020-2023 Transportation Improvement Program (TIP) federal funding cycle. An application for funding is being developed to design and construct a pedestrian bridge over Oxford Avenue, just east of the RTD light rail line. This action would authorize the Mayor to sign the attached letter which identifies: 1) support for the project, and 2) contribution of funding in the amount of $400,000. ANALYSIS: The Denver Regional Coalition of Governments (DRCOG) has implemented a new funding & application process for regional and sub-regional projects for the fiscal year 2020-2023 TIP cycle. Selected regional projects would receive federal funding in combination with other funding sources, including a required local (non-federal) match. Approximately $208.6 M in DRCOG allocated funds will be available for the Subregional share call for projects. Of this, $44.093M has been allocated for distribution by the Arapahoe County Page 206 of 247 Subregional forum. Projects are due on February 27, 2019 and will be evaluated in March and April with a final recommendation to the DRCOG Board of Directors in May 2019. Arapahoe County Transportation Forum meetings have been held since approximately August 2017. An Intergovernmental Agreement (IGA) to create the forum was approved by the City Council on June 4, 2018. As a part of the forum efforts, projects have been solicited from member agencies. The Oxford Pedestrian Bridge is identified in the city's Light Rail Corridor Next Steps study as a recommended improvement to allow pedestrians to access the Oxford light rail station. Preliminary plans and a rough cost estimate were previously prepared. The proposed project would entail environmental clearance, design and construction. FINANCIAL IMPLICATIONS: Agency Contribution Amount Federal Funding (Subregional grant request) (80%) $1,600,000 Local Match (20%) $400,000 Total $2,000,000 ALTERNATIVES: The City Council could not sign the letter which would likely limit the possibility of this project application being selected to receive federal funding. CONCLUSION: Staff recommends authorizing the Mayor to sign the attached letter indicating support of the project and pledging funding of $400,000 to the project for purposes of the grant application. ATTACHMENTS: Draft Letter of Concurrence and Funding Support Preliminary Plans Page 207 of 247 February 19, 2019 Mr. Todd Cottrell Denver Regional Coalition of Governments 1001 17th Street Denver, CO 80202 RE: DRCOG 2020·2023 TRANSPORTATION IMPROVEMENT PROGRAM, MULTI·JURISDICTIONAL SUPPORT– SUBREGIONAL PROJECT APPLICATION FOR OXFORD PEDESTRIAN BRIDGE Dear Mr. Cottrell: This letter serves to confirm the city of Englewood’s position on providing a portion of the local match for the Oxford Pedestrian Bridge project. The City’s commitment to this multi-jurisdictional funding provision within the DRCOG Transportation Improvement Program (TIP) is based on our discussions and understanding that the City of Englewood will be submitting a $2.0 Million project of which the local match for the entire project is $400,000. The City has received concurrence from RTD on this project. The City commits to their share of $140,000 of the local match towards the project. The city of Englewood looks forward to and appreciates DRCOG's interest in this important project. If you have any questions or require further documentation, please do not hesitate in contacting myself or Maria D’Andrea, Director of Public Works, at your convenience. Sincerely, Linda Olson Mayor Page 208 of 247 ARAPAHOE COUNTY, COLORADO ENGLEWOOD RAIL TRAIL ENGLEWOOD LIGHT RAIL CORRIDOR NEXT STEPS STUDY 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 303.721.1440 303.721.0832 30% - QUINCY TO OXFORD STATION Page 209 of 247 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 303.721.1440 303.721.0832 Page 210 of 247 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 303.721.1440 303.721.0832 Page 211 of 247 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 303.721.1440 303.721.0832 Page 212 of 247 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 303.721.1440 303.721.0832 Page 213 of 247 Page 214 of 247 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: February 19, 2019 SUBJECT: DRCOG/Arapahoe County 2020-2023 TIP Subregional Application - Authorization for Mayor to sign a letter of support, including financial contribution - US 285/Broadway Interchange Reconstruction DESCRIPTION: DRCOG/Arapahoe County 2020-2023 TIP Subregional Application - Authorization for Mayor to sign a letter of support, including financial contribution - US 285/Broadway Interchange Reconstruction RECOMMENDATION: Staff recommends authorizing, by motion, the Mayor to sign the attached draft letter of support and financial contribution of $1,100,000 in support of the city of Englewood's subregional DRCOG/Arapahoe County grant submittal for the US 285/Broadway Interchange Reconstruction PREVIOUS COUNCIL ACTION: June 4, 2018 Approval of Arapahoe County Transportation Forum Intergovernmental Agreement June 18, 2018 Approval of Appointees to the Arapahoe County Transportation Forum SUMMARY: The Denver Regional Coalition of Governments (DRCOG) has implemented a new funding & application process for regional and sub-regional projects for the fiscal year 2020-2023 Transportation Improvement Program (TIP) federal funding cycle. An application for funding is being developed to design and reconstruct the existing bridge over US 285 at Broadway. Additional turn lanes would be added to the bridge as well as bike lanes and widened sidewalks. This action would authorize the Mayor to sign the attached letter which identifies: 1) support for the project, and 2) contribution of funding in the amount of $1,100,000. ANALYSIS: The Denver Regional Coalition of Governments (DRCOG) has implemented a new funding & application process for regional and sub-regional projects for the fiscal year 2020-2023 TIP cycle. Selected regional projects would receive federal funding in combination with other funding sources, including a required local (non-federal) match. Page 215 of 247 Approximately $208.6 M in DRCOG allocated funds will be available for the Subregional share call for projects. Of this, $44.093M has been allocated for distribution by the Arapahoe County Subregional forum. Projects are due on February 27, 2019 and will be evaluated in March and April with a final recommendation to the DRCOG Board of Directors in May 2019. Arapahoe County Transportation Forum meetings have been held since approximately August 2017. An Intergovernmental Agreement (IGA) to create the forum was approved by the City Council on June 4, 2018. As a part of the forum efforts, projects have been solicited from member agencies. The reconstruction of the Broadway/US 285 interchange is important to provide improved mobility in the area and eliminate a significant bottle neck on US 285. The proposed project would entail environmental clearance, design and construction. FINANCIAL IMPLICATIONS: Agency Contribution Amount Federal Funding (Subregional grant request) (80%) $8,000,000 Local Match (20%) $2,000,000 Total $10,000,000 Englewood $1,100,000 CDOT $900,000 Total-Local Match $2,000,000 A request for a letter of concurrence and funding have been requested from CDOT. ALTERNATIVES: The City Council could not sign the letter which would likely limit the possibility of this project application being selected to receive federal funding. CONCLUSION: Staff recommends authorizing the Mayor to sign the attached letter indicating support of the project and pledging funding of $1,100,000 to the project for purposes of the grant application. ATTACHMENTS: Draft Letter of Concurrence and Funding Support Project Limits Map Page 216 of 247 February 19, 2019 Mr. Todd Cottrell Denver Regional Coalition of Governments 1001 17th Street Denver, CO 80202 RE: DRCOG 2020·2023 TRANSPORTATION IMPROVEMENT PROGRAM, MULTI·JURISDICTIONAL SUPPORT– SUBREGIONAL PROJECT APPLICATION FOR US 285/BROADWAY INTERCHANGE RECONSTRUCTION Dear Mr. Cottrell: This letter serves to confirm the city of Englewood’s position on providing a portion of the local match for the US 285/Broadway Interchange Reconstruction project. The City’s commitment to this multi- jurisdictional funding provision within the DRCOG Transportation Improvement Program (TIP) is based on our discussions and understanding that the City of Englewood will be submitting a $10.0 Million project of which the local match for the entire project is $2,000,000. The City has requested concurrence and funding from CDOT on this project. The City commits to their share of $1,100,000 of the local match towards the project. The city of Englewood looks forward to and appreciates DRCOG's interest in this important project. If you have any questions or require further documentation, please do not hesitate in contacting myself or Maria D’Andrea, Director of Public Works, at your convenience. Sincerely, Linda Olson Mayor Page 217 of 247 Page 218 of 247 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: February 19, 2019 SUBJECT: DRCOG/Arapahoe County 2020-2023 TIP Subregional Application - Authorization for Mayor to sign a letter of support, including financial contribution - US 285 Congestion Mitigation and Operational Improvements Study DESCRIPTION: DRCOG/Arapahoe County 2020-2023 TIP Subregional Application - Authorization for Mayor to sign a letter of support, including financial contribution - US 285 Congestion Mitigation and Operational Improvements Study RECOMMENDATION: Staff recommends authorizing, by motion, the Mayor to sign the attached draft letter of support and financial contribution of $140,000 in support of the city of Englewood's subregional DRCOG/Arapahoe County grant submittal for the US 285 Congestion Mitigation and Operations Improvements Study. PREVIOUS COUNCIL ACTION: June 4, 2018 Approval of Arapahoe County Transportation Forum Intergovernmental Agreement June 18, 2018 Approval of Appointees to the Arapahoe County Transportation Forum October 1, 2018 Approval of Mayor signature of a letter of support and financial contribution for a regional application SUMMARY: The Denver Regional Coalition of Governments (DRCOG) has implemented a new funding & application process for regional and sub-regional projects for the fiscal year 2020-2023 Transportation Improvement Program (TIP) federal funding cycle. An application for funding is being developed to conduct a study of the US 285 corridor between Lowell Boulevard/Knox Court on the west, to the interchange with Interstate 25 (I-25) on the east. Staff had previously prepared a regional funding application for this project which was not selected. Therefore, the project is being submitted for consideration as a subregional project through Arapahoe County. This action would authorize the Mayor to sign the attached letter which identifies: 1) support for the project, and 2) contribution of funding in the amount of $140,000. Page 219 of 247 ANALYSIS: The Denver Regional Coalition of Governments (DRCOG) has implemented a new funding & application process for regional and sub-regional projects for the fiscal year 2020-2023 TIP cycle. Selected regional projects would receive federal funding in combination with other funding sources, including a required local (non-federal) match. Approximately $208.6 M in DRCOG allocated funds will be available for the Subregional share call for projects. Of this, $44.093M has been allocated for distribution by the Arapahoe County Subregional forum. Projects are due on February 27, 2019 and will be evaluated in March and April with a final recommendation to the DRCOG Board of Directors in May 2019. Arapahoe County Transportation Forum meetings have been held since approximately August 2017. An Intergovernmental Agreement (IGA) to create the forum was approved by the City Council on June 4, 2018. As a part of the forum efforts, projects have been solicited from member agencies. Staff submitted a possible regional project to conduct a study of the US 285 corridor between Lowell Boulevard/Knox Court on the west (in the city of Sheridan), to I-25. The forum endorsed this project as one of its three possible submittals for consideration by DRCOG but the project was not selected for regional funding. However, it is eligible for submittal as a subregional project. The US 285 corridor is a major regional arterial providing east-west connectivity between C-470 and I-25. DRCOG's 2016 Annual Report on Roadway Traffic Congestion in the Denver Region identifies the US 285 corridor between Lowell Blvd./Knox Ct. and I-25, as a congested corridor (Congestion Mobility Grade of D or F). The intersections of US 285 with Federal, University, Colorado and I-25 were also listed as currently congested. This project will identify ways to increase the reliability of the existing multimodal network by completing a congestion management study to evaluate measures to reduce traffic delay and increase mobility in the US 285 corridor, from Lowell Blvd./Knox Ct. (west of Federal Blvd.) to I25. This will be accomplished by utilizing the DRCOG Congestion Mitigation Toolkit to address recurring & non- recurring congestion through the evaluation & recommendation of various congestion mitigation strategies including: active roadway management, travel demand management/alternative travel modes, and physical roadway capacity. The primary goal of the congestion mitigation efforts is to alleviate congestion and encourage travelers to avoid and adapt to congested conditions. Side benefits include the potential for improved air quality and reduced fuel/energy consumption if these strategies are implemented. Missing segments in the pedestrian network and opportunities to improve multi-modal connections will also be evaluated. Improvements will be prioritized for implementation based on benefit provided, ease of implementation, and cost. FINANCIAL IMPLICATIONS: Agency Contribution Amount Federal Funding (Subregional grant request) (70%) $1,120,000 Local Match (30%) $480,000 Total $1,600,000 Local Match Sources (requested) CDOT $200,000 Englewood $140,000 Page 220 of 247 Cherry Hills Village $90,000 Sheridan $50,000 Total-Local Match Sources $480,000 Request for letters of concurrence and funding have been requested from CDOT, Cherry Hills Village and Sheridan. ALTERNATIVES: The City Council could not sign the letter which would likely limit the possibility of this project application being selected to receive federal funding. CONCLUSION: Staff recommends authorizing the Mayor to sign the attached letter indicating support of the project and pledging funding of $140,000 to the project for purposes of the grant application. ATTACHMENTS: Draft Letter of Concurrence and Funding Support Project Limits Map Page 221 of 247 February 19, 2019 Mr. Todd Cottrell Denver Regional Coalition of Governments 1001 17th Street Denver, CO 80202 RE: DRCOG 2020·2023 TRANSPORTATION IMPROVEMENT PROGRAM, MULTI·JURISDICTIONAL SUPPORT– SUBREGIONAL PROJECT APPLICATION FOR US 285 CONGESTION MITIGATION AND ASSOCIATED OPERATIONAL IMPROVEMENTS STUDY (LOWELL BLVD/KNOX CT TO I-25) Dear Mr. Cottrell: This letter serves to confirm the city of Englewood’s position on providing a portion of the local match for the US 285 Congestion Mitigation Study from Lowell Blvd/Knox Court to I-25. The City’s commitment to this multi-jurisdictional funding provision within the DRCOG Transportation Improvement Program (TIP) is based on our discussions and understanding that the City of Englewood will be submitting a $1.6 Million project of which the local match for the entire project is $480,000. The City has requested non-federal funding of $200,000 from CDOT towards the local match. The remaining $120,000 is allocated based on the lineal frontage of the adjacent community to the US 285 corridor, as follows: Agency Contribution Amount Englewood $120,000 Sheridan $50,000 Cherry Hills Village $90,000 Total $280,000 The City commits to their share of $140,000 of the local match towards the project. The city of Englewood looks forward to and appreciates DRCOG's interest in this important project. If you have any questions or require further documentation, please do not hesitate in contacting myself or Maria D’Andrea, Director of Public Works, at your convenience. Sincerely, Linda Olson Mayor Page 222 of 247 Page 223 of 247 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dorothy Hargrove DEPARTMENT: Communications DATE: February 19, 2019 SUBJECT: Slate Communications Contract for Communications Support DESCRIPTION: Slate Communications Contract for Communications Support RECOMMENDATION: Staff recommends approval by motion of a contract with Slate Communications to provide communications support, including production of the quarterly Citizen magazine and Recreation Guide as well as consulting for special events and marketing initiatives as requested. PREVIOUS COUNCIL ACTION: Council approved a professional services agreement with Slate Communications on August 24, 2015 for a Community Branding Project. Council also approved a professional services agreement with Slate Communications on February 2, 2017 for production of the magazine and special event support. SUMMARY: Staff issued a Request for Proposals on Decermber 13, 2018 for a communications/marketing firm to assist the Communications Department in production of the quarterly Citizen magazine and Recreation Guide as well as to provide incidental consulting support for city-wide special events and other marketing initiatives as needed by staff. Seven proposals were received and analyzed. Slate Communications provided the lowest cost of the complete proposals received and analyzed. ANALYSIS: The contract provides for expenses of up to $50,000. This includes $38,000 for production of the Citizen magazine and Recreation Guide and up to an additional $12,000 of optional consulting services. Previous contracts with Slate Communications included their active support of city-wide special events. While their expertise was very helpful in establishing procedures and documenting project management plans for special events, the Communications Department is now able to take over this function. Staff will, however, require transitional support in order to ensure continuity and share information in 2019. This contract also allows staff to access consulting services as needed for additional marketing consulting services that are beyond the scope of staff expertise, including but not limited to: • Graphic design • Web updates • Photography & Video Page 224 of 247 • Creative direction & consultation • Presentations • Communications campaigns • Branding • Marketing strategy • Content writing FINANCIAL IMPLICATIONS: The contract expense of $50,000 is budgeted in the Communications Department 2019 budget (02-1801-54201, Professional Services). ALTERNATIVES: Hire additional staff to produce Citizen magazine and provide marketing support. CONCLUSION: Slate Communications has had a positive and productive relationship with City of Englewood since 2015. Approval of the proposed contract will ensure continuity of high quality communications support at an affordable rate. ATTACHMENTS: Communications RFP Communications RFP bid tabulation sheet Contract Approval Summary Sheet Slate Communications Professional Services Agreement Page 225 of 247 Page 226 of 247 Page 227 of 247 Page 228 of 247 COMMUNICATIONS RFP 18-047 Jan-19 Name of Firm Magazine Expense*Consulting Expense Special Features AE2S Communications $68,670 $90 - $183 per hour Relevant experience / strong team AOR, Inc.$141,750 $150 per hour Relevant experience Circuit Media $60,133 $61.44 - $100.50 per hou Government and nonprofit experience Emphasis Marketing $95,000 $120 per hour strong local knowledge (Littleton based) Evolution Communications $60,800 $125 - $175 per hour Strong print experience Merge2Media $31,500 not specified Limited relevant experience / Grand Junction based/ did not include hourly rates - incomplete proposal Publication Design $40,000**$100 per hour Pricing by hour makes it difficult to control costs / strong relevant experience Slate Communications $38,000 $110 per hour Proven success with current magazine/familiarity with Englewood Third Principle $80,000 $85-$150 per hour Experience in non-profit work *excludes printing & distribution **estimate based on state hourly rates Page 229 of 247 Contract Approval Summary V10/25/2017 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number:Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Dorothy Hargrove Phone: x2553 Title: Acting Deputy City Manager Email: dhargrove@englewoodco.gov Vendor Contact Information Vendor Name: Slate Communications Vendor Contact: Kim Newcomer Vendor Address: 2301 Research Blvd, Suite 204 Vendor Phone: 970-797-2015 City: Fort Collins Vendor Email: kim@slatecommunications.com State: CO Zip Code: 80526 Contract Type Contract Type :Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☒Certificate of Insurance Summary of Terms: Start Date: when approved End Date: December 31, 2019 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing):$ 50,000 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available:Optional renewal for 2 additional years pending budget appropriation Payment terms (please describe terms or attach schedule if based on deliverables): Monthly vendor invoices Attachments: Preparation of the Citizen magazine (4 issues per year) and optional communications consulting services. The cost of any consulting services will not exceed $12,000 per year and will only be used at the direct, written request of the City. The scope and time involved will be agreed upon in advance by both parties. Page 230 of 247 Contract Approval Summary V10/25/2017 Page | 2 ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Source of funds: Budgeted Funds: $ 55,900 Line Item Description: Professional Services Line Item Total Funding: $ 55,900 Portion of Line Item spent to date: $ N/A Funding Source:Fund: 02 Division Code: 1801 Note (if needed):Program: 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 A B C 1 = A-B-C Capi tal Operating Year tyler new world Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining -$ Total by Fund and Current Year -$ -$ -$ -$ C 2019 02 O 2019 02 1801 54201 Professional Services 55,900.00$ -$ 50,000.00$5,900.00$ Total by Fund and Next Year 55,900.00$ -$ 50,000.00$5,900.00$ Grand Total 55,900.00$ -$ 50,000.00$5,900.00$ NOTES (if needed): Page 231 of 247 Page 232 of 247 Page 233 of 247 Page 234 of 247 Page 235 of 247 Page 236 of 247 Page 237 of 247 Page 238 of 247 Page 239 of 247 Page 240 of 247 Page 241 of 247 Page 242 of 247 Page 243 of 247 >._.._.>o..=smz._.> m._.>._.m_smz._.O_u<<O_»_A omzmx>_. ._.:m0.22_m:u_m<<ooazmmmsummmamasOoaacaomzoam m__._nmUmomacmwBa 8 u_.o<Em u3qmmmwo:m_mauve:8..am<m_ou:.m_.:.u_.__u__nm._o:man.a.m=.=...::o:onEm :6_.._<m:nnmmmE_ 9.2.3:ammmuimman..mQmm=o:mcammm<<m__mm<m:o:mnm_um:3m:8_oo3_.:::_nm._o:m _u_.o_.mQmman.mauve:2mE:mE_.mm<m:.m.._.:_mu8mmmm.o:m_mm_.<.nmmmnnmmaman_.m.._:mmEm mnoum2m_m.m.m..mmuo:m_a__§mm8u«m_om_.m=o:2 =._m9.2.3:BmmmnimmanmaaEo:m_nozmcaammm2_nmm. z>_<_mm__u_._ozmzczmmmm>zUm_<_>__.mO_numogmoa ooomo_z.£.omm m_m~mOo33canm._o_._m” 53zm<<no_._._m_. 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