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Home My WebLink About2019-03-04 (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 Monday, March 4, 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 b. Minutes of the Regular Meeting of February 19, 2019 City Council Regular - 19 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 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. Andrew Graham, Board of Directors Chairman, South Metro Denver Chamber of Commerce will address Council about opportunities for City Council involvement. 6a Handout b. Robert Golden, President / CEO, South Metro Denver Chamber of Commerce will address Council about opportunities for City Council involvement. c. Linda Cohn, an Englewood resident, will address Council regarding access to Council. d. 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 questions 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 presentation to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. Council Member Response to Public Comment. Page 1 of 246 Englewood City Council Regular Agenda March 4, 2019 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. 8. Communications, Proclamations, and Appointments 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB 7 - Equitable Sharing IGA CB 7 - Equitable Sharing IGA - Pdf The Police Department is recommending that City Council adopt a Bill for an Ordinance authorizing an Intergovernmental Agreement allowing the Englewood Police Department to accept forfeiture monies from the Department of Justice and the Department of the Treasury by completing the Federal “Equitable Sharing Agreement and Certification” form. This request is for fiscal years 2018, 2019, 2020, and 2021. Staff: Police Commander Vance Fender b. Approval of Ordinances on Second Reading. i. CB 5 - Cherry Hills Village Wastewater Connector's Agreement CB 5 - Pdf Staff recommends City Council approve, by Ordinance, the Cherry Hills Village Wastewater Connector's Agreement renewal. Staff: Utilities Director Tom Brennan ii. CB 6 - Standard Definitions CB 6 - Pdf Staff recommends City Council approve, by Ordinance, the Standard Definitions. Staff: Finance and Administrative Services Director Maria Sobota c. Resolutions and Motions i. Broadway, Hampden & Santa Fe Median Maintenance Contract Broadway, Hampden & Santa Fe Median Maintenance Contract - Pdf Staff recommends that City Council approve, by Motion, a contract for maintaining the Broadway, Hampden and Santa Fe medians to the lowest technically acceptable bidder, Emerald Isle Landscaping. Staff: Parks/Recreation and Library Acting Director Dave Lee ii. Jason Park Playground Replacement Jason Park Playground Replacement - Pdf Staff recommends that City Council approve, by Motion, a construction contract for Singing Hills Landscape, Inc. to replace the Jason Park playground. Singing Hills was the low bidder for the project. Staff: Parks/Recreation and Library Acting Director Dave Lee 10. Public Hearing Items 11. Ordinances, Resolutions and Motions Page 2 of 246 Englewood City Council Regular Agenda March 4, 2019 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. a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. All Health Network Agreement AllHealth Network Agreement - Pdf Staff recommends Council approve, by motion, a contract between the Englewood Police Department and AllHealth Network for mental and behavioral health services partnership. Staff: Police Sergeant Reid McGrath ii. Professional Services Agreement for Legal/Negotiation Services PSA for Legal/Negotiation Services - Pdf Staff recommends that the City Council approve a professional services agreement with Range Law, LLC by regular motion, providing for assistance with matters associated with collective bargaining. Staff: Interim City Manager Dorothy Hargrove 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 3 of 246 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 4 of 246 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 5 of 246 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 6 of 246 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 7 of 246 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 8 of 246 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 9 of 246 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 10 of 246 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 11 of 246 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 12 of 246 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 13 of 246 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 14 of 246 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 15 of 246 MINUTES City Council Regular Meeting Tuesday, February 19, 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 7:09 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 D'Andrea, Public Works Director Brennan, Utilities Director Sobota, Finance and Administrative Services Director Gonzalez, Human Resources Director Power, Community Development Director Sobota, Finance and Administrative Acting Director Lee, Parks/Recreation and Library Redevelopment Manager Poremba, Community Development Page 1 of 12 Draft Page 16 of 246 City Council Regular February 19, 2019 Revenue and Tax Audit Supervisor Driscoll, Finance and Administrative Services Technical Support Specialist II Munnell, Information Technology Police Chief Collins, Police Department Police Commander Fender, Police Department Police Officer Martinez, Police Department Police Officer Hume, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of February 4, 2019. Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 4, 2019. Discussion ensued. Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink Motion to table the Minutes of the February 4, 2019 Regular City Council Meeting to the Regular City Council Meeting of March 4, 2019. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) Olivia Casa-Monday, an Englewood resident, addressed Council regarding Friends of Englewood Parks. b) Kate Truesdale, an Englewood resident, addressed Council regarding Friends of Englewood Parks. c) Kathleen Bailey, an Englewood resident, addressed Council regarding the 1999 storm drainage infrastructure study. Page 2 of 12 Draft Page 17 of 246 City Council Regular February 19, 2019 d) Vicki Hoffmann addressed Council regarding drainage. e) C. Ann Dickerson, an Englewood resident, was scheduled to address Council but was not present. JJ Margiotta, an Englewood resident, took her place and addressed Council regarding Council matters. f) Joe Anderson, an Englewood resident, addressed Council regarding ideas to strengthen neighborhood relationships. g) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. 7 Recognition of Unscheduled Public Comment a) Mike Jones, an Englewood resident, addressed Council regarding competency. b) Chris Duis, an Englewood resident, addressed Council regarding trash and upkeep of homes. c) Jerry Walker, an Englewood resident, addressed Council regarding the metal detectors at the door and Council. d) Tammy Williamson, an Englewood resident, addressed Council regarding short term rentals. e) Janice Brown, an Englewood resident, addressed Council regarding CASE. f) Christine Brinker, an Englewood resident, addressed Council regarding trash. g) Colin Haggerty, an Englewood resident, addressed Council regarding alley paving. Council Member Barrentine responded to Public Comment. 8 Communications, Proclamations, and Appointments There were no Communications, Proclamations, or Appointments. 9 Consent Agenda Items Mayor Pro Tem Rita Russell removed Agenda Item 9 (c) (i) from Consent Agenda. a) Approval of Ordinances on First Reading i) CB 5 - Cherry Hills Village Wastewater Connector's Agreement Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 5, INTRODUCED BY COUNCIL MEMBER Page 3 of 12 Draft Page 18 of 246 City Council Regular February 19, 2019 RUSSELL A BILL FOR AN ORDINANCE APPROVING A CONNECTOR’S AGREEMENT BETWEEN THE CHERRY HILLS VILLAGE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. 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. b) Approval of Ordinances on Second Reading. There were no Ordinances on Second Reading. c) Resolutions and Motions i) Meadow Creek Flume Replacement and Telemetry Installation [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink Motion approving a contract with Denver Water for flume replacement and telemetry installation in the amount of $134,087.00. 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 Page 4 of 12 Draft Page 19 of 246 City Council Regular February 19, 2019 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 6 - Standard Definitions Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 6, INTRODUCED BY COUNCIL MEMBER RUSSELL 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. 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. b) Approval of Ordinances on Second Reading There were no Ordinances on Second Reading. c) Resolutions and Motions i) 2019 Fee and Rate Schedule Resolution Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez Page 5 of 12 Draft Page 20 of 246 City Council Regular February 19, 2019 A RESOLUTION ADOPTING THE 2019 FEE SCHEDULE FOR THE CITY OF ENGLEWOOD, COLORADO. Moved by Council Member Othoniel Sierra Seconded by Council Member Amy Martinez Motion to amend new fees, keep with the $35.00 turn off fee, remove the turn on fee and remove the additional 2.5% penalty increase. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra (Moved By) x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink x 3 4 0 Motion DEFEATED. Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell RESOLUTION NO. 36, SERIES OF 2019 A RESOLUTION ADOPTING THE 2019 FEE SCHEDULE FOR THE CITY OF ENGLEWOOD, COLORADO AS AMENDED: • REMOVE THE ADDITIONAL 2.5% PENALTY INCREASE • ELIMINATE THE $20.00 INCREASE TO THE TURN OFF FEE • ELIMINATE THE TURN ON FEE OF $35.00 For Against Abstained Linda Olson x Rita Russell (Seconded By) x Othoniel Sierra x Laurett Barrentine (Moved By) x Dave Cuesta x Amy Martinez x Cheryl Wink x 6 1 0 Motion CARRIED. Page 6 of 12 Draft Page 21 of 246 City Council Regular February 19, 2019 ii) Professional Services Agreement for Legal Services with Kaplan Kirsch Rockwell Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink Motion to 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 City Center in the amount of $90,000.00 for Year 1. For Against Abstained Othoniel Sierra (Moved By) x Cheryl Wink (Seconded By) x Linda Olson x Rita Russell x Laurett Barrentine x Dave Cuesta x Amy Martinez x 5 2 0 Motion CARRIED. iii) DDI Training Contract Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Motion to approve a contract with Development Dimensions International, Inc. (DDI) to provide customized training for all city employees in the amount of $195,000.00. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x 7 0 0 Motion CARRIED. iv) DRCOG/Arapahoe County 2020-2023 TIP Subregional Application - Authorization for Mayor to sign a letter of support, including financial Page 7 of 12 Draft Page 22 of 246 City Council Regular February 19, 2019 contribution - Oxford Pedestrian Bridge Moved by Council Member Amy Martinez Seconded by Council Member Othoniel Sierra Motion to approve the Mayor signing a 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. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink x 7 0 0 Motion CARRIED. 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 Moved by Council Member Othoniel Sierra Seconded by Council Member Amy Martinez Motion to approve the Mayor signing a 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. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra (Moved By) x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink x 7 0 0 Motion CARRIED. vi) DRCOG/Arapahoe County 2020-2023 TIP Subregional Application - Page 8 of 12 Draft Page 23 of 246 City Council Regular February 19, 2019 Authorization for Mayor to sign a letter of support, including financial contribution - US 285 Congestion Mitigation and Operational Improvements Study Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Motion to approve the Mayor signing a 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. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x 7 0 0 Motion CARRIED. vii) Slate Communications Contract for Communications Support Moved by Council Member Amy Martinez Seconded by Council Member Othoniel Sierra Motion to approve 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 in the amount of $50,000. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink x 7 0 0 Motion CARRIED. Page 9 of 12 Draft Page 24 of 246 City Council Regular February 19, 2019 The meeting recessed at 9:13 p.m. for a break. The meeting reconvened at 9:18 p.m. with all Council Members present 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). Council requested Agenda Item 12 (a) (ii) be addressed first. 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). This is specifically regarding the Civic Center building and other buildings owned by the City. TO MOVE INTO EXECUTIVE SESSION FOR DISCUSSION OF SPECIALIZED DETAILS OF SECURITY ARRANGEMENTS OR INVESTIGATIONS UNDER C.R.S. SECTION 24-6-402 AND 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). Motion CARRIED. Moved by Council Member Linda Olson Seconded by Council Member Amy Martinez For Against Abstained Linda Olson (Moved By) x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink x 5 2 0 Motion CARRIED. The meeting recessed at 9:22 p.m. to go into Executive Session. The meeting reconvened at 9:56 p.m. with all Council Members present. Moved by Council Member Rita Russell Page 10 of 12 Draft Page 25 of 246 City Council Regular February 19, 2019 Seconded by Council Member Cheryl Wink TO CLOSE THE EXECUTIVE SESSION. 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. 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. No concerns were stated. Mayor Olson got consensus from Council to table the Executive Session (Agenda Item 12 (a) (i) regarding 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).) to a later meeting. 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 10:35 p.m. Page 11 of 12 Draft Page 26 of 246 City Council Regular February 19, 2019 City Clerk Page 12 of 12 Draft Page 27 of 246 <<_._<m_<_ ._.:mn:m3_um.H oam omarm30%_:2:m::m_333 .3 E3.mo<m33m3mam..mo.o:m_mno:o3_n am<m_ou3m3.<5":3o_.m Sm:So 3m3_um.o6m:_~m:o:m;.:m nrmacmaommacauamnmamsnmg Umsmmnmman.ouvo_.E::_mmmo1onm_Ucmimmmmm8 momnmzsomSusan mno:o3.n n=3mnmman.n:_P=m >m<onm::m3.cc.‘3m3_umG oz _onm_.?m?m mam :m:o:m__uo:n< _:«o3.._:mmam3:335 ocq 3m3cmG man. no33::_:mm Qmmzsmouuozcazmm3.n_<_nmanUcnsmmm m:m_mmm3m3 :5 won»:2-026 _um_..<m..n—.a:._um..w:5 nm»m_<mn3..Ucuimmm man.ucnnmmuQ...:5 3:5 309.0 c222 .==.o:u=mn2o:-o_._m:3n.::_m:<mu.Sm u3<Em<m_:m3 9:.325.3:2...m:m:<_..o:.:m_...3..2:._u..ou.um..=< mOc.:._2—m._._~O _umZ<m_~n_._>z,wm_~ n_._>_._:.>a mnozo2__n om<m5_._<_mz4 Page 28 of 246 Sceacou mmwcazmEcmEo>>ucw>m_m..E:< So:3%:>_.m:m:O So...£m__.8_m mmocmsm>_.w:m:O _ mmcmm_mv_mmn_m25:02 “mE_._.m:_$w_2 .:o:3:vm _mco_mm&oEnew539m 5 _u._E<:o.mmw_.__m:n50>ucm so»w>oE8E._otm_qmucmmm :3B&o ._._mEao_w>mu_mco_mmBE mw_u_>o.n_ m:_.$s_wm:_EEou w>_:duxm a mmcmm§_$%>_£:o_2 uwE_._.m:_.$s_ ..¢_::EEou _m_w:mm 9:2mcozmuzuwwu_>oE ucmw.oE E8.2 E55 ucm>Eoc8m on.9:3 >.=m_.ic_ mamucm__o9:wemucm:oaE_m5 mumon;._m£wmB Em_umm_mmw:_m_.5355 v_z<.~w;.—ucm>m__E:.=._< m_._o_mm_.Gm_n_w??ucsom >_£co_2 wE_._.m:_.ww_>_ .b_:_..EEou Emcozmm_u__:n9 .._o_mw._m>:mn 93:.5:8 9:Emmmmmcazn5::m:o_S~_cmm._oEoE._._o:eumccou .:o.auu__nn<.5 Emmaumuww:-mmcm:0 can.co_mmwmw>_S_m_mw_mg.m E6 ..wn_Em:u wztormzwn co co:m_m_mw_ummoao?co mco_.30.95.5 _m_.n_m.o._:oE mmcmcuxmmmmc__2s £.._oE._m£o..¢w>m _ mmzwmBxmmam25:02 BEF 3.32 .m$c__w>>_m_ucm:ctam _m_uom._£.._wE __mu_rEa_mE:ao c_2m3m ucmw>oEE_22 E5wwuiomm.wu_>_mmucmm:_Em.moa _m:o_.3:nm 5:5 m.unEmE mwu_>oa :o_mm:um_n__m:£35:02 HwF__._.95$: ._w>w_a_;EmnEmE mom2 n2_..:_..«tote EmEao_m>mu u_Eocoumm..mnEm?us.u::o.mummmnm_m:_EE£moi .m_n_omanewm_.__EEEmo.a .:o_§.Eo..:__S_>2 mmwuummm_u_>oaE5 _w>m_aEm.mnEwEuccwammm_ :o_mm:um_n__m:m¢£coE._w£o.Em>m umE_._.mczwmé .w§2uw_m m_.=SE 652....2 m._mnEmE .2 $:_c_.Eoaao >umuo>ummmu_>o.n_ucm$32 >u__oau8m_2.m$:_m:n co cozmuanwmmv_>o.a uwuwwcmmwucm?mmmuwu_>o.aI 9535 >_:Eo§“mE_._.m.__.$s_ ..m..._Em:u ms.3 u?omconmmEm>m _m_uom\mc_x.o>>.w: 9nw?m.mcom_m__mmCu ucm3:m>m 5:5 Erma .350 comm5:5 EwnEmE Umccoun._w;.mww:_EEou mEou_w3 co 2:3 35 emm:._:_o>ma ..SEwm...m5 mmmcnanucm>u__oa u__n:a.EwEn_o_w>m_uu_Eocoumco.umaE_m.b_::EEouSowucm:=:_?r:mE:._o_newm:o_mm:um=uumm_mmmz_EEou ucm3:05mmw;._...m>:mo93:.Snowm.__s8E_mw:mm__mu_._._ucos3E_cm..$_mE tam mmmmcmSmw_._:_..:onEo w>_m:_uxw5:5m._wnEmEmmE>oB.mnEm;um;.p.m.wnEwEEwtsu5:5m:_Um:cou.m.neww_unEwE aw:£_§ m:_:..._onm__8Sosa_u8_uxwEmoptsm_m:v_>_u:__mco_mmm_o._a_..EmBmcoammabe:2Em mww:_EE8 van3:05 So m..ouauuaaE<2:. m¢on<mm<ms_< mE_s__>_8 m.=§_u 3_=o.u 3%.. :o.cuEm.:O .35»:>52 \._.UwZZOU ¢mms_<:u $50:¢u.E<mmmz?am mE_,=E_o._._o uzc=_o,Ez $5.. -an 8 \_m_._5E& Sm £3 .52;wc_>.m#3 $nEm_U ._m>:mo9.3.2 £38 Eou.$nEm;u.3m.3§3 ~Eo.m2.8m mmE_s_sou a Enema Seam co:mc:oE_EOE .8 SE28 Page 29 of 246 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Vance Fender DEPARTMENT: Police DATE: March 4, 2019 SUBJECT: CB 7 - Equitable Sharing IGA DESCRIPTION: CB 7 - Equitable Sharing IGA RECOMMENDATION: The Police Department is recommending that City Council adopt a Bill for an Ordinance authorizing an Intergovernmental Agreement allowing the Englewood Police Department to accept forfeiture monies from the Department of Justice and the Department of the Treasury by completing the Federal “Equitable Sharing Agreement and Certification” form. This request is for fiscal years 2018, 2019, 2020, and 2021. PREVIOUS COUNCIL ACTION: The Federal Equitable Sharing Program allows us to receive funds from the Federal government on a yearly basis. Our participation in this program contributes to the City’s goals of a safe, clean, healthy, and attractive City and a progressive City that provides responsive and cost efficient services. City Council had previously approved the Federal Equitable Sharing Program for 2014, 2015, 2016 and 2017. SUMMARY: The Englewood Police Department periodically receives Federal forfeiture monies from the Justice and Treasury Departments for our participation or assistance provided to these agencies such as the Internal Revenue Service (IRS), Drug Enforcement Agency (DEA) and Federal Bureau of Investigation (FBI). These funds are used for law-enforcement purposes, such as equipment purchases and training. As part of our participation, we are required to sign a Federal Equitable Sharing Agreement and Certification that sets forth the requirements for participation in the Federal Equitable Sharing Program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law enforcement agencies, including the Englewood Police Department. The City of Englewood’s Finance Department places this money into designated accounts and tracks deposits, expenditures, and interest on these accounts. Upon year-end, the Chief of Police and City Manager sign the Equitable Sharing Agreement and Certification, which is then submitted to the Federal Government certifying compliance with federal forfeiture guidelines. ANALYSIS: This is necessary for the City to accept funds through the Federal Equitable Sharing Program from the Federal government. Page 30 of 246 FINANCIAL IMPLICATIONS: Federal forfeiture funds are deposited into the Police Donor’s Fund and are used to pay for police-related equipment and training which would otherwise require City funding. ALTERNATIVES: If this is not approved, these funds can not be accepted. ATTACHMENTS: Council Bill #7 Equitable Sharing Agreement Sharing Distribution Report Page 31 of 246 BY AUTHORITY ORDINANCE NO. ___ COUNCIL BILL NO. 7 SERIES 2019 INTRODUCED BY COUNCIL MEMBER ___________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED “EQUITABLE SHARING AGREEMENT AND CERTIFICATION” BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF TREASURY AND THE CITY OF ENGLEWOOD, COLORADO ACCEPTING FORFIETURE MONIES DURING FISCAL YEARS 2018, 2019, 2020, 2021. WHEREAS, this Agreement sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of the federally forfeited cash, property, proceeds and interest earned thereon, which are equitably shared with participating law enforcement agencies; WHEREAS, Englewood periodically receives monies from the Justice Department and Treasury Department for participation or assistance provided to these agencies such as the Internal Revenue Service (IRS), Drug Enforcement Agency (DEA) and the Federal Bureau of Investigation (FBI); WHEREAS, these funds are used for law-enforcement purposes, such as equipment purchases and training; WHEREAS, to participate in the program, the City annually signs the Equitable Sharing Agreement and Certification; WHEREAS, the City places this money into designated accounts and tracks deposits, expenditures and interest on these accounts; WHEREAS, within 60 days of the City’s fiscal year-end the Equitable Sharing Agreement and Certification is signed and submitted to the federal government certifying compliance with federal forfeiture guidelines; WHEREAS, the Englewood City Council authorized an IGA for Federal Equitable Sharing Agreement and Certification” for the fiscal years of 2010, 2011, 2012 and 2013 by the passage of Ordinance No. 17, Series of 2012; WHEREAS, the Englewood City Council authorized an IGA for Federal Equitable Sharing Agreement and Certification” for the fiscal years of 2014, 2015, 2016 and 2017 by the passage of Ordinance No. 6, Series of 2014; WHEREAS, authorization of this Agreement is required for the City of Englewood’s continuation of participation in the United States Department of Justice Federal Equitable Sharing and Certification Program and will authorize the City’s participation in this program for 2018, 2019, 2020 and 2021; and WHEREAS, federal funds are being used for these projects. Page 32 of 246 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the “Equitable Sharing Agreement and Certification” between the United States Department of Justice, United States Department of Treasury and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property for 2017, which will be received in February 2018, attached hereto as “Exhibit A”. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the “Federal Equitable Sharing Agreement and Certification” between the United States Department of Justice, United States Department of Treasury and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property for 2018, which will be received in February 2019. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes the “Federal Equitable Sharing Agreement and Certification” between the United States Department of Justice, United States Department of Treasury and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property for 2019, which will be received in February 2020. Section 4. The City Council of the City of Englewood, Colorado hereby authorizes the “Federal Equitable Sharing Agreement and Certification” between the United States Department of Justice, United States Department of Treasury and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property for 2020, which will be received in February 2021. Section 5. The federal forfeiture funds, proceeds and or property are received from the Department of Justice and Treasury Department. The federal forfeiture funds, proceeds and or property are to be used in accordance with federal statutes and guidelines. The costs to the City are limited to the costs of processing and accounting of the funds, which costs are budgeted annually in the Police budget. Section 6. The City Manager is hereby authorized to sign said Intergovernmental Agreement between the United States Department of Justice and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property, on behalf of the City of Englewood for 2018. Section 7. The City Manager is hereby authorized to sign said Intergovernmental Agreement between the United States Department of Justice and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property, on behalf of the City of Englewood for 2019. Section 8. The City Manager is hereby authorized to sign said Intergovernmental Agreement between the United States Department of Justice and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property, on behalf of the City of Englewood for 2020. Section 9. The City Manager is hereby authorized to sign said Intergovernmental Agreement between the United States Department of Justice and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property, on behalf of the City of Englewood for 2021. Page 33 of 246 Introduced, read in full, and passed on first reading on the 4th day of March, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 7th day of March, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 6th day of March, 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 4th day of March, 2019. Stephanie Carlile Page 34 of 246 Equitable Sharing Agreement and Certification OMB Number 1123-0011 Expires: November 30, 2021 Agency Name: Englewood Police Department NCIC/ORI/Tracking Number: CO0030100 Mailing Address: 3615 S Elati St Type: Police Department Agency FY 2019 Budget: $14,642,956.00FY End Date: 12/31/2018 kcassai@englewoodco.govEmail:303-762-2411Phone: Cassai, KathyName: ESAC Preparer Email:Phone: Name: Jurisdiction Finance Contact Agency Finance Contact Phone: Name: Cassai, Kathy 303-762-2411 Email:kcassai@englewoodco.gov Sobota, Maria 3037622416 msobota@englewoodco.gov Englewood, CO 80110 Begining Equitable Sharing Fund Balance Equitable Sharing Funds Received Equitable Sharing Funds Received from Other Law Enforcement Agencies and Task Force Other Income Interest Income Total Equitable Sharing Funds Received (total of lines 1-5) Equitable Sharing Funds Spent (total of lines a - n ) Ending Equitable Sharing Funds Balance (difference between line 7 and line 6) Summary of Equitable Sharing Activity Justice Funds Treasury Funds $74,841.90 $569.93 $51,717.49 $0.00 $0.00 $0.00 $0.00 $0.00 $237.87 $0.00 $126,797.26 $569.93 $124,350.45 $569.93 $2,446.81 $0.00 1 2 3 4 5 6 7 8 Summary of Shared Funds Spent Law Enforcement Operations and Investigations Law Enforcement, Public Safety, and Detention Facilities Training and Education Law Enforcement Equipment Joint Law Enforcement/Public Safety Equipment and Operations Contracts for Services Law Enforcement Travel and Per Diem Law Enforcement Awards and Memorials Drug, Gang, and Other Education or Awareness Programs Matching Grants Transfers to Other Participating Law Enforcement Agencies Support of Community-Based Programs Non-Categorized Expenditures Salaries Total Justice Funds Treasury Funds $27,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $97,350.45 $569.93 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $124,350.45 $569.93 a b c d e f g h i j k l m n Department of Justice Asset Forfeiture Program participants are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA Department of the Treasury Asset Forfeiture Program participants are: IRS, ICE, CBP and USSS. 1 2 1 2 Annual Certification Report Date Printed: Page 1 of 502/12/2019 Page 35 of 246 Equitable Sharing Funds Received From Other Agencies Transferring Agency Name Treasury FundsJustice Funds Other Income Other Income Type Justice Funds Treasury Funds Matching Grants Treasury FundsJustice Funds Matching Grant Name Transfers to Other Participating Law Enforcement Agencies Treasury FundsJustice FundsReceiving Agency Name Support of Community-Based Programs Justice FundsRecipient Non-Categorized Expenditures Treasury FundsJustice FundsDescription Salaries Treasury FundsJustice FundsSalary Type Paperwork Reduction Act Notice Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money Laundering Section at 1400 New York Avenue, N.W., Washington, DC 20005. The Department of Justice is collecting this information for the purpose of reviewing your equitable sharing expenditures. Providing this information is voluntary; however, the information is necessary for your agency to maintain Program compliance. Information collected is covered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170 (May 19, 2006), JMD-022 Department of Justice Consolidated Asset Tracking System (CATS). This information may be disclosed to contractors when necessary to accomplish an agency function, to law enforcement when there is a violation or potential violation of law, or in accordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as amended by subsequent publications. Privacy Act Notice Single Audit Information Company: Name: Independent Auditor Jim Hinkle Phone: Hinkle & Company 303-796-1000 Email: Jim@HinkleCPAs.com Page 2 of 5Date Printed: 02/12/2019 Page 36 of 246 Were equitable sharing expenditures included on your jurisdiction's prior fiscal year's Schedule of Expenditures of Federal Awards (SEFA)? NO Prior year Single Audit Number Assigned by Harvester Database: YES X Page 3 of 5Date Printed: 02/12/2019 Page 37 of 246 Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (Guide) and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. The undersigned officials certify that the information submitted on the Equitable Sharing Agreement and Certification form (ESAC) is an accurate accounting of funds received and spent by the Agency. The undersigned certify that the Agency is in compliance with the applicable nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), and the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations. Affidavit Equitable Sharing Agreement This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the Agency, and (3) the Agency's governing body, sets forth the requirements for participation in the federal Equitable Sharing Program and the restrictions upon the use of federally forfeited funds, property, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By submitting this form, the Agency agrees that it will be bound by the Guide and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. Submission of the ESAC is a prerequisite to receiving any funds or property through the Equitable Sharing Program. 1. Submission. The ESAC must be signed and electronically submitted within 60 days of the end of the Agency’s fiscal year. Electronic submission constitutes submission to the Department of Justice and the Department of the Treasury. 2. Signatories. The ESAC must be signed by the head of the Agency and the head of the governing body. Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body head is the head of the agency that appropriates funding to the Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, administrator, commissioner, and governor. The governing body head cannot be an official or employee of the Agency and must be from a separate entity. 3. Uses. Shared assets must be used for law enforcement purposes in accordance with the Guide and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. 4. Transfers. Before the Agency transfers funds to other state or local law enforcement agencies, it must obtain written approval from the Department of Justice or Department of the Treasury. Transfers of tangible property are not permitted. Agencies that transfer or receive equitable sharing funds must perform sub-recipient monitoring in accordance with the Code of Federal Regulations. 5. Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury, funds from state and local forfeitures, joint law enforcement operations funds, and any other sources must not be commingled with federal equitable sharing funds. The Agency certifies that equitable sharing funds are maintained by the entity that maintains the Agency's appropriated or general funds and agrees that the funds will be subject to the standard accounting requirements and practices employed by the Agency's jurisdiction in accordance with the requirements set forth in the Guide, any subsequent updates, and the Code of Federal Regulations, including the requirement to maintain relevant documents and records for five years. The misuse or misapplication of equitably shared funds or assets or supplantation of existing resources with shared funds or assets is prohibited. The Agency must follow its jurisdiction's procurement policies when expending equitably shared funds. Failure to comply with any provision of the Guide, any subsequent updates, and the Code of Federal Regulations may subject the Agency to sanctions. 6. Single Audit Report and Other Reviews. Audits shall be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards. The Agency must report its equitable sharing expenditures on the Schedule of Expenditures of Federal Awards (SEFA) under Catalog of Federal Domestic Assistance number 16.922 for Department of Justice and 21.016 for Department of the Treasury. The Department of Justice and the Department of the Treasury reserve the right to conduct audits or reviews. Page 4 of 5Date Printed: 02/12/2019 Page 38 of 246 Yes No Agency Head Name: Title: Email: Governing Body Head Name: Title: Email: To the best of my knowledge and belief, the Agency's current fiscal year budget reported on this ESAC is true and accurate and the Governing Body Head whose name appears above certifies that the agency's budget has not been supplanted as a result of receiving equitable sharing funds. Entry of the Governing Body Head name above indicates his/her agreement to abide by the policies and procedures set forth in the Guide, any subsequent updates, and the Code of Federal Regulations. I certify that I have obtained approval from and I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head. X Collins, John Police Chief jcollins@englewoodco.gov Hargrove, Dorothy Interim Acting City Manager dhargrove@englewoodgov.org Date: To the best of my knowledge and belief, the information provided on this ESAC is true and accurate and has been reviewed and authorized by the Law Enforcement Agency Head whose name appears above. Entry of the Agency Head name above indicates his/her agreement to abide by the Guide, any subsequent updates, and the Code of Federal Regulations, including ensuring permissibility of expenditures and following all required procurement policies and procedures. Signature: ___________________________________________________________Date: 7. Freedom of Information Act (FOIA). Information provided in this Document is subject to the FOIA requirements of the Department of Justice and the Department of the Treasury. Agencies must follow local release of information policies. 8. Waste, Fraud, or Abuse. An Agency or governing body is required to immediately notify the Money Laundering and Asset Recovery Section of the Department of Justice and the Executive Office for Asset Forfeiture of the Department of the Treasury of any allegations or theft, fraud, waste, or abuse involving federal equitable sharing funds. During the past fiscal year: (1) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above? Signature: ___________________________________________________________ ________________________________ ________________________________ Civil Rights Cases Page 5 of 5Date Printed: 02/12/2019 Page 39 of 246 ESHARE - SHARING DISTRIBUTION REPORT CO0030100 Englewood Police Department Transactions from 01/01/2018 to 12/31/2018 Report Generated on 02/12/2019 Transaction Type Asset ID Asset Description Forfeiture Type Decision Type Transaction Date Transaction Amount Cash Distribution 17-DEA-629688 $6,800.00 U.S. Currency Administrative Cash/Proceeds 01/19/2018 $994.50 Cash Distribution 16-DEA-624770 Vehicles - Sport Utility Vehicle - 2016 Mazda CX- Civil/Judicial Cash/Proceeds 01/22/2018 $2,633.44 Cash Distribution 16-DEA-631500 Financial Instrument - Checking and Savings Acc Administrative Cash/Proceeds 01/22/2018 $1,204.85 Cash Distribution 16-DEA-631503 Financial Instrument - Checking and Savings Acc Administrative Cash/Proceeds 01/22/2018 $3,122.18 Cash Distribution 17-DEA-629255 $24,000.00 U.S. Currency Administrative Cash/Proceeds 01/22/2018 $4,680.00 Cash Distribution 17-DEA-629256 $10,000.00 U.S. Currency Administrative Cash/Proceeds 01/22/2018 $1,462.50 Cash Distribution 17-DEA-629687 $24,407.00 U.S. Currency Administrative Cash/Proceeds 01/22/2018 $3,569.52 Cash Distribution 17-DEA-629689 $16,000.00 U.S. Currency Administrative Cash/Proceeds 01/22/2018 $2,340.00 Cash Distribution 17-DEA-630018 $10,470.00 U.S. Currency Administrative Cash/Proceeds 01/22/2018 $1,531.24 Cash Distribution 17-DEA-630267 $22,900.00 U.S. Currency Administrative Cash/Proceeds 01/22/2018 $3,014.21 Cash Distribution 17-DEA-631107 $4,707.00 U.S. Currency Administrative Cash/Proceeds 01/22/2018 $917.86 Cash Distribution 16-DEA-624826 $14,980.00 U.S. Currency Administrative Cash/Proceeds 03/23/2018 $1,898.72 Cash Distribution 17-DEA-630268 $13,500.00 U.S. Currency Administrative Cash/Proceeds 03/23/2018 $2,632.50 Cash Distribution 17-DEA-630827 $46,600.00 U.S. Currency Administrative Cash/Proceeds 03/23/2018 $6,815.25 Cash Distribution 17-DEA-632563 $3,360.00 U.S. Currency Administrative Cash/Proceeds 03/23/2018 $1,310.40 Cash Distribution 17-DEA-632562 $16,480.00 U.S. Currency Civil/Judicial Cash/Proceeds 04/23/2018 $8,676.72 Cash Distribution 17-DEA-630661 Vehicles - Motorcycle - 2012 Harley Davidson Str Civil/Judicial Cash/Proceeds 06/19/2018 $1,221.38 Cash Distribution 17-DEA-630660 Vehicles - Truck - 2009 GMC Sierra 1500 Civil/Judicial Cash/Proceeds 06/21/2018 $2,999.39 Cash Distribution 17-DEA-630662 Vehicles - Motorcycle - 2004 Harley Davidson Ro Civil/Judicial Cash/Proceeds 06/21/2018 $692.83 $51,717.49 Page 40 of 246 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tom Brennan DEPARTMENT: Utilities DATE: March 4, 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 41 of 246 Council Bill #5 Wastewater Connector's Agreement Minutes Water and Sewer Board meeting of January 8, 2019. Page 42 of 246 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 5 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER RUSSELL 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. Page 43 of 246 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 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. Read by Title and passed on final reading on the 4th day of March, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 7th day of March, 2019. Published by title on the City’s official website beginning on the 3rd day of March, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2019. Stephanie Carlile Page 44 of 246 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Heather Driscoll, Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: March 4, 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 45 of 246 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 46 of 246 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. ______ SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER _______________ 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 47 of 246 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 to said person for reuse. Commercial Packaging Materials does not include Commercial Shipping Materials. Page 48 of 246 3 “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. “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. Page 49 of 246 4 “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; 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. Page 50 of 246 5 “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. “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 Page 51 of 246 6 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 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 Page 52 of 246 7 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 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 Page 53 of 246 8 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. 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 Page 54 of 246 9 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. 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. Page 55 of 246 10 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. (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 Page 56 of 246 11 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; 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; Page 57 of 246 12 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; (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; Page 58 of 246 13 (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 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. Page 59 of 246 14 “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 “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. Page 60 of 246 15 “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, 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. Page 61 of 246 16 “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. “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. Page 62 of 246 17 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 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., Page 63 of 246 18 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. 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. Page 64 of 246 19 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 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. Page 65 of 246 20 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. Read by Title and passed on final reading on the 4th day of March, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 7th day of March, 2019. Published by title on the City’s official website beginning on the 3rd day of March, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk Page 66 of 246 21 I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2019. Stephanie Carlile Page 67 of 246 Englewood Municipal Tax Code (Title 4, Chapter 4) Standard Definitions 1 2/4/2019Page 68 of 246 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 69 of 246 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 70 of 246 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 71 of 246 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 72 of 246 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 73 of 246 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 74 of 246 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 75 of 246 Example: Standard Definition Benefit to Taxpayers and to the City 92/4/2019Page 76 of 246 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 77 of 246 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 78 of 246 Questions and/or Comments 122/4/2019Page 79 of 246 ._.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 93 of 246 Page 94 of 246 Page 95 of 246 Page 96 of 246 Page 97 of 246 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 98 of 246 Page 99 of 246 Page 100 of 246 Page 101 of 246 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Lee DEPARTMENT: Parks, Recreation & Library DATE: March 4, 2019 SUBJECT: Broadway, Hampden & Santa Fe Median Maintenance Contract DESCRIPTION: Broadway, Hampden & Santa Fe Median Maintenance Contract RECOMMENDATION: Staff recommends that Council approve by motion a contract for maintaining the Broadway, Hampden and Santa Fe medians to the lowest technically acceptable bidder, Emerald Isle Landscaping. PREVIOUS COUNCIL ACTION: Council approved a contract for the installation of landscaping on Santa Fe and West Hampden Avenue by motion on October 7, 1996. Council approved a contract for the maintenance of the medians by motion on July 20, 1998. Council approved an IGA for maintenance of landscaping with the City of Sheridan, Council Bill No. 42, Ordinance #51 on August 3, 1998. Council approved a change to night time median maintenance in order to reduce traffic backups and citizen complaints in October 2000. The City of Sheridan formally terminated the IGA with the City of Englewood discontinuing the Santa Fe Landscape Maintenance Agreement in March 2003. Council approved a contract for Median Maintenance on the Santa Fe, Hampden and Broadway medians on May 17, 2004. SUMMARY: Staff Recently solicited both an Invitation to Bid and a Request for Proposal to find a reputable contractor to maintain the medians on Santa Fe, Hampden and Broadway but the response was very disappointing. This is the second year in a row that we have had difficulty identifying a qualified contractor for this work. Due to stringent CDOT traffic control regulations and specialized equipment needed for any work on state highways, Parks staff are not able to perform these maintenance duties in-house. The condition of the medians last year was clearly unacceptable to our community and a source of disappointment and frustration for our Parks staff. Page 102 of 246 While the Elite Industries proposal appeared to be the low bid, the company admitted after discussion that they did not thoroughly review the CDOT traffic control requirements for the work being performed and did not include those costs in their estimate. Emerald Isle has an approved CDOT traffic plan and is subcontracting the traffic control to Colorado Barricade. Emerald Isle's proposal, was therefore the only one that met our stated requirements. The Emerald Isle proposal of $143,637.00 exceeds the total budgeted amount of $107,500 in the Parks General Repair and Maintenance budget line. Based on our most recent contractor pricing, the amount of that total reserved for median maintenance was only $70,000.00. The additional expenses in that budget line item include funding for outside contractors for plumbing, irrigation, well pump and electrical repairs that are needed at parks throughout the City. Without additional funding, maintenance of all of our parks would be negatively impacted. Staff will most likely Come back to Council later in the year to request a supplemental appropriation to cover the additional and unexpected cost overruns. ANALYSIS: The landscaping in and along most roadway medians has a life expectancy of around 7 to 10 years due to the harsh environmental conditions. It is extremely difficult to maintain attractive landscaping in narrow medians on such busy roadways, especially in Colorado's dry climate. The medians on Santa Fe and Hampden Avenue were originally installed in 1998, making them well overdue for a renovation. Inefficient or broken irrigation systems have been a constant headache. The recent CDOT construction on Santa Fe has resulted in the need to repair a good deal of the irrigation infrastructure and we have been unsuccessful to locate the source of an irrigation break on Hampden as well. Staff will most likely be bringing forward in 2020 a Capital Budget request for elimination of the landscaping on the Santa Fe and Hampden medians after consulting with the Tri-Cities Group to see what Littleton and Sheridan are planning for their respective medians on Santa Fe. Our current plan would be to replace the landscaping with decorative colored concrete on Santa Fe and Hampden. FINANCIAL IMPLICATIONS: The supplemental appropriation of $73,000 would come from the General Fund unrestricted balance in 2019. The Parks budget would not be increased by that amount in future years if capital funding for concrete is approved in 2020. Very preliminary estimates of the cost to remove the current landscaping and cover the medians on Santa Fe and Hampden with decorative concrete range form $650,000 to $800,000. Staff will provide a more accurate and detailed assessment of cost to be used for a capital funding request during the 2020 budget discussions. The project could possibly be phased over two years as an alternative. Emerald Isle Landscaping estimated that the Broadway portion of their proposal roughly totals $60,000. Assuming a savings of about $85,000 each year plus the savings from no longer needing about $10,000 in annual irrigations repairs and a capital cost of $700,000, the savings would pay for the capital expenditure in roughly 7.5 years. This does not take into account inflation, the almost certain increase in the cost of labor and materials, nor the actual cost of the water used for these medians. ALTERNATIVES: Continue with the current median maintenance program and increase annual funding in the Parks budget. Page 103 of 246 CONCLUSION: Staff is requesting Council approval for the median maintenance contract in 2019 with a supplemental appropriation to the Parks budget later in the operating year and to move forward with a capital Funding request in 2020 for decorative concrete in the Hampden and Santa Fe medians. ATTACHMENTS: RFP-18-034 Median Maintenance Project Bid Tabulation Elite Industries RFP Emerald Isle RFP RFP-18-034 2018 Landscaping Maintenance Project Specifications FRP-18-034 Median Maintenance Project Hampden and Santa Fe paving Cost Estimate CFS-19-06 Median Maintenance Page 104 of 246 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: Dave Lee Phone: 303-762-2687 Title: Open Space Manager Email: dlee@englewoodco.gov Vendor Contact Information Vendor Name: Emerald Isle Landscaping Vendor Contact: Josh Cyboron Vendor Address: 5700 E. Evans Avenue Vendor Phone: 303.693.3072 City: Denver Vendor Email:josh@emeraldislelandscaping.com State: Colorado Zip Code: 80222 Contract Type Contract Type :Contractural 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: 3/1/2019 End Date: 12/31/2019 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $145,637.00 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Annually upon invoice Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Maintain the landscape medians on Broadway, Santa Fe Drive and Hampden Avenue. Page 105 of 246 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 (N/A – see above in Notes) 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 O 2019 02 1305 55401 R&M General 107,500.00$ 145,637.00$ (38,137.00)$ -$ -$ Total by Fund and Current Year 107,500.00$ -$ 145,637.00$ (38,137.00)$ NOTES (if needed): CAPITAL & OPERATING EXPENSE Page 106 of 246 Page 107 of 246 m?Umnmu :<_m<oa >Jmm? 0.20.9.» mamama_m_m_.m..amomu.:m oo:=mQo_.€13»no3um:<:m.._._£ m<Um»?A we8 C:_m~mm_mmC:_nm_. :u:.:.:m:._mman._.=_$ zodw_umnm_.m__umm:_mzo_._m.025mmnzoam3.:man38._.ma:._.o_._o:.no.._uo3.m _.mn_Em_.=.m 0*38.80..30332....:_m==5....mxum<m_..._2.%B:o=::::.m_..0 =5 um<m...._.=m ..mm:_m=o_..mm_mou..o<_am2.5»mum:m=<:.m<an _::uomm.._3..E_=3 8 2.=:_m:=5 Bxuu<m.. 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TOTALCOST ESTIMATE 574,204.24 CIYYOF Page 176 of 246 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Lee DEPARTMENT: Parks, Recreation & Library DATE: March 4, 2019 SUBJECT: Jason Park Playground Replacement DESCRIPTION: Jason Park Playground Replacement RECOMMENDATION: Staff recommends that Council approve by motion a construction contract for Singing Hills Landscape, Inc. to replace the Jason Park playground. Singing Hills was the low bidder for the project. PREVIOUS COUNCIL ACTION: Council previously approved the following: Council Bill No. 24, Ordinance No. 20, Series of 2018 authorizing an IGA with Arapahoe County for the Jason Park Playground Replacement. Resolution No. 15, Series of 2018 supporting the ACOS grant application for Jason Park Playground Replacement. SUMMARY: The Jason Park Playground Replacement project consists of removing older worn and outdated play equipment with brand new, safe and ADA compliant equipment. The playground will have ADA compliant engineered wood fiber fall surfacing, separate play structures for 2 to 5 year old's and 5 to 12 year old's. Several of the old play structures will be repurposed into entry arbors and backdrops for seating benches. New perimeter sidewalks and picnic tables will be added as well. ANALYSIS: Eight contractors supplied bids for the construction of Jason Park playground. The bids ranged in price from a low of $379,407.80 to a high of $527,000.00 for the work. Singing Hills Landscaping intends to start work on the project by the end of March by providing submittals and ordering the play equipment. Actual construction work will begin during the week of August 5th with site preparation and demolition. The playground replacement will be completed during the second week of October. Page 177 of 246 FINANCIAL IMPLICATIONS: In August 2018, Arapahoe County awarded the City of Englewood a $293,700 grant for replacement of the playground. The City is required to provide matching funds in the amount of $124,900 for the project. Funding for the project is budgeted in the 2019 Open Space Fund. ATTACHMENTS: Jason Park Bid Tabulation Singing Hills ITB 18-042 ITB-18-042 Jason Park Reconstruction Project Contract 19-05 Singing Hills Redacted Contract Approval Summary Sheet Page 178 of 246 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: Dave Lee Phone: 303-762-2687 Title: Open Space Manager Email: dlee@englewoodco.gov Vendor Contact Information Vendor Name: Singing Hills Landscape Vendor Contact: Kevin Haeflinger Vendor Address: 16797 E. 2nd Ave. C102 Vendor Phone: 303.343.4100 City: Aurora Vendor Email: State: CO Zip Code: 80011 Contract Type Contract Type :Construction Agreement Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: 3/18/2019 End Date: 10/11/2019 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $379,407.80 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Annually upon invoice Demolition of existing playground and installation of new playground including sidewalks and surrounding landscaping at Jason Park. Page 179 of 246 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 (N/A – see above in Notes) 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 2019 10 1300 10 1305 61201 Other Improvements 654,685.00$ 379,407.80$ 275,277.20$ -$ -$ Total by Fund and Current Year 654,685.00$ -$ 379,407.80$ 275,277.20$ NOTES (if needed): CAPITAL & OPERATING EXPENSE Page 180 of 246 City of Englewood Bid Tabulation Sheet Bid Opening Date: December 20, 2018 3:00 PM MST Apparent Low Bidder ITEM BID: ITB-18-042 Jason park Reconstruction Project Vendor Bid Bond Y/N SOQ Y/N Total Bid Exceptions/Comments T2 Construction, Inc.Y N $412,884.00 5435 W. 59th Ave., Unit H Arvada, CO. 80003 303-432-8742 Brightview Landscape Development Inc.Y N $430,610.00 8888 N. Motsenbocker Road Parker, CO. 80134 303-841-8400 North Star Design-Build LLC Y Partial $482,064.00 11757 W. Ken Caryl Ave., Ste F #310 Littleton, CO. 80127 720-360-6010 Richdell Construction, Inc.Y Y $489,000.00 7905 W. 120th Ave. Broomfield, CO. 80020 303-252-0809 American Civil Constructors Mountain West Y Y $527,000.00 4901 S. Windermere St. Littleton, CO. 80120 303-795-2582 Singing Hills Landscape, Inc.Y Y $379,407.80 16797 E. 2nd Ave. C102 Aurora, CO. 80011 303-343-4100 JL Melton Construction, Inc.Y Y $424,500.00 6271 Beach Street Unit C Denver, CO. 80221 303-428-8383 Goodland Construction, Inc.Y Y $401,165.00 760 Nile St. Golden, CO. 80401 303-278-8100 Page 181 of 246 IllIJ1v|,Il._.!JW _._.m.._92» gown:3...._amoo:m...:o._o=u.o_.§ m_u _.zovom>_.mom: zma30o:._.mo8nm=§8I=_mr§%8_8 50 Umzw :2:U2»::2:n8.3 ZoE=~.mmo=.mm_.»_=.<o_._r 98van.»§§__un_..o_=m ._m.mAu..‘m _~o=.o<n mnc?aosrno_._o_.n8. manw=3_u=_=mm uo.mAN§ Ooanwmno.Wniaame<m=. 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Mom.._=__u:._o.=Wm?:oma uosioaour __...n.nw__Mmbmnbn mosnrnm.._.uEmm.._._.um.. ab93>=_a_._=_om Sam 3%._m.Mmo.u.o. .moa.__i go:ueumm 35?come a8m_8.>mo EB::S8_.Ermzamomumam ._.Onm_WE"$3013 8 mmnmion>&m=%28....w33%mnxaoimanmq. ._.O._.>_u>_soczaonm_u ._.:Emzsaanmm<m:.:_:mEocmmaqwas...::%a manmm<m:no__m_.mman.8 ooam. 0:»man:ma3..gmmo:um...xmnoamnncnzoa_u_.o_oo» ._.=_m02:30.5...anmimamn8=5 _oSom»..m=mEm._.amuo=m_<mman_.mmuo=m=._mexam... ._.:_mommqm:m__umcum:8mnnmu?snmman8_:m<oomu_m8.._._Em.<893.6 .33 Em ca o_omEo38. ._.:m:_am.mE:m..._E&m_.:m.m_u<mmqmmm8am_.mma<man8muummqmnEmoaomo2=mUmumnamaom_u§__o <<9xm8mxmoSmEmmzmnzmn8::2ooazmn.Eno:8_._.==<2E.mcamanmac8 :m<m..mm.._<man 838...Em_.mn:__.m..._.33.EEmmca2Em3__maocao?E_m_u_.ouomm_.mxmn:.m..._3 mm:_.m»<oo_._..um:< mnnmEm_u_m3Em0.23m:m_mEooa.m»m3.camSEE8:39n_m<madsEm38 2 m swam:soznm :03EmU__.mo8_.2.um_._.m.mmemmzozman_.EB28nomo.3238EmmqaammmEmqmimamn c_<m:. 38m:m_msoon_um:3m<m:u_m<<ooq9.2302:8_u_..o:mA88avu?m .. <.2<<<.m:m_mSoouno.mo< q .._.u.ab.u._-ua:u03..5.20:3103 Page 182 of 246 Page 183 of 246 Page 184 of 246 Page 185 of 246 Page 186 of 246 Page 187 of 246 Page 188 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 1 ITB-18-042 Jason Park Reconstruction Project REQUEST NO. ITB-18-042 DATE: November 20, 2018 INVITATION TO BID Jason Park Reconstruction Project The City of Englewood will receive sealed bids for supplying “Jason Park Reconstruction Project" as per specifications no later than Thursday, December 20, 2018 prevailing time, 3:00 P.M. MST. Bids will be received at the Englewood Civic Center 3rd Floor Central Cashiering Attention: Procurement Division 1000 Englewood Parkway, Englewood, CO 80110-2373. Bids will be publicly opened and read aloud at 3:00 P.M. in the Public Works Conference Room located on the 3rd floor of the Englewood Civic Center. Bidding firms are asked to mark envelope “Jason Park Reconstruction Project” in lower left hand corner with the Bid #ITB-18-042 shown on the front of the envelope in which the bid is submitted. The City of Englewood assumes no responsibility for unmarked envelopes being considered for award. If City offices are closed due to inclement weather, an amendment will be issued with a new date, time and address of the bid opening. At time, date, and place above, bids will be publicly opened and read out loud. Late bids will not be accepted under any circumstance, and any bid so received shall be returned to the bidding firm unopened. In addition, telegraphic and/or bids sent by electronic devices are not acceptable and will be rejected upon receipt. Bidding firms will be expected to allow adequate time for delivery of their bid either by air freight, postal service, or other means. Bidding firms are invited to, but not required to attend the bid opening. The City of Englewood has contracted with BidNet that utilizes a central bid notification system created for the City of Englewood. This system allows 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: http://www.bidnetdirect.com The City of Englewood cannot guarantee accurate information of plans and specifications obtained from sources other than the BidNet E-Purchasing System. Any questions or clarifications concerning this bid shall be submitted in writing by e-mail to eboyd@englewoodco.gov at the City of Englewood, Procurement Division, 1000 Englewood Parkway, Englewood, CO 80110. The bid title and number should be referenced on all correspondence. All questions must be received no later than 10:00 A.M. MST, Friday, December 7, 2018. All responses to questions/clarifications will be listed on the Rocky Mountain E-Purchasing Site as listed above in the form of an addendum no later than Tuesday, December 11, 2018. The City will not be bound nor responsible for any explanations or interpretations other than those given in writing as set forth in this invitation for bid. No oral interpretations shall be binding on the City. Page 189 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 2 ITB-18-042 Jason Park Reconstruction Project All material submitted in connection with this bid becomes the property of the City of Englewood. Any and all bids received by the City shall become public record and shall be open to public inspection after the award of a contract, except to the extent the bidding entity designates trade secrets or other proprietary data to be confidential. The successful bidding entity agrees to comply with all applicable Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein and agrees to secure all necessary licenses and permits in connection with this invitation and any goods or services to be provided. Where bidding entities are required to enter City of Englewood property to deliver materials or perform work or services as a result of an award, the entity will assume the obligation and expense of obtaining all necessary licenses, permits and insurance. The bidding entity shall be required to have property, liability, and workers compensation insurance with minimum limits of $1,000,000.00 and to provide the City with copies of the certificate of insurance. The successful bidding entity will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin and will comply with the Americans with Disabilities Act. By submission of the bid, the bidding firm certifies that the bid has been developed independently and submitted without coordination with any other bidding entity. The City of Englewood shall have the right to reject any or all bids, and to waive any informalities or irregularities therein and request new bids when required. In addition, the City reserves the right to accept the bid deemed most advantageous to the best interest of the City. Any award made in response to this Invitation to Bid will be made to that responsible bidding entity whose offer will technically be most advantageous to the City- price, delivery, estimated cost of transportation, and other factors considered. The option of selecting a partial or complete bid shall be at the discretion of the City of Englewood. If this project is for a public works project or public project, as defined in Section 8-49-102(2) C.R.S. the contractor shall comply with 8-17-101 C.R.S. which requires the contractor to use at least eighty percent (80%) Colorado labor for any public works project financed in a whole or in part by State, counties, school districts, or municipal monies. The successful bidding entity must understand and acknowledge that the City as an arm of the State is subject to Article X, § 20 of the Colorado Constitution commonly known as “TABOR”. It is understood and agreed that any future contract/agreement entered into by the City cannot create a multi-year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in any future contract/agreement, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of any fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, resolutions and ordinances of the City and applicable law. Upon the failure to appropriate funds, any contract/agreement shall be terminated. In addition to the preceding paragraph the successful bidding entity must acknowledge and understand that pursuant to Article XI of the Colorado Constitution the City is prohibited from indemnifying another party. No indemnification clause or provision will be accepted by the City. The successful bidder will be required to enter into a contractual agreement with the City, using the City’s standard contract forms, which are currently titled Professional Services Agreement, Contract for Page 190 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 3 ITB-18-042 Jason Park Reconstruction Project Construction and Contract for Services. The type of contract that will be necessary is based upon the services to be provided. A sample of these contracts and the terms therein may be acquired at any time prior to submitting the bid. Please note that any contract over $24,999.00 dollars is subject to approval by the City Council, and no contract is valid or enforceable until such approval. BIDDERS MUST SUBMIT PROPOSALS ON THE ATTACHED BID PROPOSAL FORM AND SUBMIT THREE (3) COPIES FOR EVALUATION PURPOSES. Eva Boyd Procurement Buyer City of Englewood, CO Page 191 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 4 ITB-18-042 Jason Park Reconstruction Project GENERAL INFORMATION ITB-18-042 Jason Park Reconstruction Project The City of Englewood’s objective is to hire a qualified and competent Contractor to provide all labor, materials, traffic control, and equipment necessary to construct the Jason Park Reconstruction Project and other improvements as detailed in the attached drawings and specifications included as part of this Invitation to Bid. Scope of Work The scope of work includes completely removing the existing playground facilities and installing new playground and play surfacing, playground curb and flatwork, site furnishings, landscaping, irrigation, and other work indicated in the Contract Documents at 4299 S. Jason Street, Englewood, CO 80110. Please reference the attached Construction Plans, Project Specifications and the Bid Schedule. All work is to be done in conformance with the requirements of the American Disabilities Act (ADA), International Building and Fire Code 2015, and City of Englewood standards. Project Schedule: Bid Package Available: Tuesday, November 20, 2018 Recommended Pre-Bid Conference: Tuesday, December 4, 2018 at 10:00 A.M. MST Question Due: Friday, December 7, 2018 at 10:00 A.M. MST Addendum Available: Tuesday, December 11, 2018 Bids Due: Thursday, December 20, 2018 at 3:00 P.M. MST Project Start Date: February/March 2019 Documents becoming contract documents are: a. The ITB b. The SOQ c. Construction Plans d. Technical Specifications The Contractor is responsible for obtaining all required permits prior to commencement of any work on the project. Contractor’s use of Premises: The contractor shall limit their work to between the hours of 7:30am and 4pm., Monday through Friday except City holidays. Any other times of work shall be by approval of the engineer. The contractor and their subcontractors will be allowed on site only during the established working periods. All disposal of debris resulting from the Contract Work, unless specifically allocated to another scope of work, shall be the responsibility of the Contractor. This includes scheduling, costs and interference in the use of trash collecting, containers, trucks, etc. The contractor is responsible for compliance with all local, state and federal regulations regarding the disposal of any hazardous and non-hazardous wastes. Page 192 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 5 ITB-18-042 Jason Park Reconstruction Project The disposal of all waste material such as broken concrete, pavement, trees, roots, rocks, pipe and excessive earth material due to excavation shall be the responsibility of the Contractor. The contractor shall supply a dumpster or dump truck to haul away all trash and debris. The work site must be kept neat and orderly at all times. The Contractor shall not store debris on site nor use any dumpster except his own. The contractor shall provide barricades, safety guards, temporary fencing, signage and/or other methods to secure trenches, open excavations, and other unsafe conditions resulting from this construction. Contractor shall adhere to all safety regulations. Recommended Pre-Bid Meeting: There will be a pre-bid meeting on Tuesday December 4, 2018 at 10:00 A.M. MDT at the Englewood Civic Center, 1000 Englewood Pkwy, Englewood, Co. 80110, 3rd floor Public Works conference room. There is a 5% bid bond required for this project. Each Bid shall be accompanied by an appropriate guarantee in the form of a Bid Bond, Certified Check or Cashier’s Check made payable to the City of Englewood in an amount of not less than 5% of the bid amount. The awarded Contractor will be required to have ready and furnish a “Performance, Payment and Maintenance Bond” in the amount of 100% (copy attached) executed by a surety company acceptable to the City of Englewood within 10 days of Notice of Award. Sample Contract: a sample contract, which the City of Englewood intends to use with the successful contractor is attached to this ITB and identified as “Sample Contract”. Exceptions to the contract should be identified and submitted with the contractor’s proposal. Proposed exceptions must not conflict with or attempt to preempt mandatory requirements. The Contractor will be required to have a City of Englewood License and pay fees based on the license type. All bids to include 3½% Sales and Use Tax, and a ¼% Arapahoe County Open Space Tax, on materials incorporated into the project. Liquidated Damages: Contractor shall pay the City $0.00 for each day that expires after the time specified for substantial completion until the work is complete, and $0.00 for each day that expires after the time specified for final completion until the work is finally complete. Statement of Qualifications: Included in the bid documents is a Statement of Qualifications form that must be completed and submitted with bid proposals. Insurance – See “Insurance” document (attached) for required insurance which must be kept in effect during the performance of this work. Certificates must be provided to the City prior to undertaking any work. All work performed under this solicitation will be performed in a manner that will protect the public and workers during the construction and comply with all applicable laws and regulations. The Contractor shall be solely, and completely responsible for the conditions at, and adjacent to, the job site, including safety of all persons and property, during the performance of the work. This requirement shall apply continuously and shall not be limited to normal working hours. The duty of the City to conduct construction review of the Contractor’s performance and is not intended to include review of the adequacy of the Contractor’s safety measures in, on, or near the construction site. Page 193 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 6 ITB-18-042 Jason Park Reconstruction Project No reimbursement will be made by the City of Englewood for any costs incurred prior to a formal “Notice to Proceed” or purchase order being issued. The Contractor shall commence work under the contract on or before the 10th day following the “Notice to Proceed” unless such time for beginning the work shall be changed by the City of Englewood’s Project Manager for this Project in the “Notice to Proceed.” The successful bidder upon Notice of Award will execute the contract and furnish required insurance certificates to the City of Englewood. The Contractor shall be responsible for any sub-contractor brought in by the Contractor and insure all sub-contractors comply with all insurance & licensing requirements. All work shall be made in accordance with good commercial practice and shall be adhered to by the successful Contractor(s), except in such cases where the delivery will be delayed due to acts of God, strikes, or other causes beyond the control of the Contractor. In these cases, the Contractor shall notify the City of the delays in advance of the delivery date so that a revised delivery schedule can be negotiated. Should anything be omitted from the Contract Documents which is necessary to a clear understanding of the work, or should it appear that various instructions are in conflict, then the Contractor shall secure written instructions from the Owner before proceeding with the construction affected by such omissions or discrepancies. The Contractor shall furnish all materials, labor, equipment and perf orm all operations required to complete the work in accordance with the intent of the Contract, Drawings and Specifications. A listing should be provided of all sub-contractors and additional qualification information should be provided as to the experience of the company that will work on the Jason Park Reconstruction Project. Identify the contact person and supervisory personnel who will work on the project. Resumes of each person should be provided with emphasis on their experience with similar work. Page 194 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 7 ITB-18-042 Jason Park Reconstruction Project ITB-18-042 Jason Park Reconstruction Project BID PROPOSAL FORM Name of Contractor: Date: Item # Item Description Item Detail Item Cost ($) 1.0 Site Preparation Mobilization, Earthwork, Fencing 2.0 Site Demolition Remove equipment, concrete, site furnishings 3.0 Site Work Concrete, Retaining wall, Play surface, drainage 4.0 Playground Equipment 2-5 Y.O. Equipment, 5-12 Y.O. Equipment 5.0 Equipment Re-purpose Remove, Sandblast, Powdercoat, Install 6.0 Site Amenities Benches, Tables, Trash receptacle 7.0 Landscaping Plant material, Sod, Irrigation TOTAL COST Total Bid: ______________________ Receipt of Addenda Nos.__________________________________ is hereby acknowledged. TOTAL AMOUNT OF BID __________________________________________________________________________________ _________________________________________________ ($______________________) One Such Bid for Jason Park Reconstruction Project This Contract will be awarded to the lowest reliable, responsive and responsible bidder. This offer shall be open to acceptance and is irrevocable for ninety (90) days from the bid closing date. The undersigned bidder hereby agrees to be ready and to appear at the office of the Department of Public Works, to execute the attached form of Contract in conformity of this bid and also to have ready and furnish the required bond in the sum of the full amount of this proposal, executed by a surety company acceptable to the City of Englewood, at any time within ten (10) days from the date of a written notice from the Director of Parks, Recreation and Library to do so, mailed to the address hereinafter given. Page 195 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 8 ITB-18-042 Jason Park Reconstruction Project This Proposal is made without any connection with any other persons, firms, or corporations making any other bid for this same work and is in all respects fair and without collusion or fraud. The Undersigned Bidder acknowledges the right of the City to reject any or all bids submitted and to waive informalities therein. Dated at _________________ this ______ day of _________________, 2018 Signature of Bidder: If an individual: ____________________________________ doing business as ________________________________________________________________________ If a partnership: ______________________________________________________ By: _____________________________________________ member of firm If a corporation: ______________________________________________________ a ____________________________________________________ corporation By: ______________________________________________________________ Business address, name and phone number of Bidder: ________________________________________________________________________ ________________________________________________________________________ The name and location of the last work of this kind herein contemplated upon which Bidder was engaged is as follow: __________________________________________________________________________________ __________________________________________________________________________________ ________________________________________________________________ For information relative hereto please refer to: Name _____________________________________ Title ______________________ Address ________________________________________________________________ Page 196 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 9 ITB-18-042 Jason Park Reconstruction Project INSURANCE Insurance Limits: The Contractor shall carry throughout the life of the contract the insurance listed below: Under Section B Minimum Limits Public Liability $1,000,000 Property Damage $1,000,000 Under Section C Minimum Limits Public Liability $1,000,000 Property Damage $1,000,000 Public Liability and Property Damage Insurance: The Contractor shall maintain during the life of this contract, Public Liability and Property Damage Insurance acceptable to the City, covering the work contracted and all operations in connection herewith, and whenever any of the work covered in the Contract is to be sublet, Contractor's Contingent or Protective Liability and Property Damage Insurance. Such insurance shall provide limits not less than those called for in these Special Provisions. Automotive Liability and Property Damage Insurance: Whenever the work covered by the Contract shall involve the use of automotive equipment, the Contractor shall maintain during the life of the contract, Automotive Public Liability and Property Damage Insurance. This insurance shall provide limits not less than those called for in these Special Provisions to protect the Contractor from any and all claims arising from the use of the following in the execution of the work included in the contract: (l) Contractor's own automobile and trucks. (2) Hired automobiles and trucks. (3) Automobiles and trucks not owned by the Contractor. Such insurance shall cover the use of automobiles and trucks both on and off the site of the project. Workers Compensation: The Contractor 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. Liability: The Contractor shall indemnify and save harmless the City against any and all damages to property or injuries to or death to any person or persons, including property and employees or agents of the City, and shall defend, indemnify and save harmless the City from any and all claims, demands, suits, actions, or proceedings of any kind, or nature, including Workmen's Compensation claims, of or by any whomsoever, Page 197 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 10 ITB-18-042 Jason Park Reconstruction Project in any way resulting from or arising out of the operation in connection herewith, including operations of subcontractors and acts or omissions of employees or agents of the Contractor or his sub-contractors. Insurance coverage specified herein and in the Special Conditions constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of the Contract. The Contractor shall procure and maintain, at his own cost and expense, any additional kinds and amounts of insurance that, in his own judgment, may be necessary for his proper protection in the prosecution of the work. All Certificates of Insurance shall be provided to the City prior to the undertaking of any work and prior to a Purchase Order being issued. The completed Certificate of Insurance shall be sent to: Procurement Division City of Englewood 1000 Englewood Parkway Englewood, CO 80110 With an additional copy sent to: Benefits and Risk Division City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Page 198 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 11 ITB-18-042 Jason Park Reconstruction Project (SAMPLE) CONTRACT THIS CONTRACT is, made and entered into this ____ day of ______ 20__, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the “City”, and ________________ whose address is __________________________ hereinafter referred to as (“Contractor”). Commencing on the ____ day of ______, 20__, and continuing for at least ten (10) days thereafter the City advertised that sealed bids and proposals would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the following project: PROJECT: Jason Park Reconstruction Project WHEREAS, proposals pursuant to said advertisement have been received by the City and have been certified by the Director of Parks, Recreation and Library and forwarded to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore; and WHEREAS, pursuant to said recommendation, the City Council has approved the Contract, and the Contract has been awarded to the above named Contractor, and said Contractor is now willing and able to perform all of the work in accordance with the advertisement, and attached bid and proposal. NOW THEREFORE, in consideration of the compensation to be paid and the work to be performed under this contract, the parties mutually agree as follows: A. Contract Documents: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference constitute and shall be incorporated into the ensuing terms and conditions and shall make up the Contract Documents: i. Winning Bid and documents supporting the award of the Bid. ii. Spread sheet of all Bids received and amounts bid for the above project. iii. All Exhibits, Schedules, Attachments and Statements of Work necessary to outline the scope and time line of the project. iv. Certificate of Insurance All additional documents shall be clearly marked and delineated as an Exhibit. Invitation to Bid and Supporting Documents Contract (this instrument) including: Exhibits, Schedules, Attachments and Statements of Work All Bid Response Documents Page 199 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 12 ITB-18-042 Jason Park Reconstruction Project Certificate of Insurance B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to perform and complete all the work described, drawn, set forth, shown, and as set forth in the Attachment A – Statement of Work, and made a part of this Contract. C. Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of Parks Recreation and Library. D. Initial Term of Contract: The initial term of this contract shall be for one year. The term of this contract shall begin upon the date that both parties have signed the contract with the work to be completed upon the date set forth in the Attachment A - Statement of Work attached hereto, but at no time shall the contract be longer than a one year period. In the event that the parties desire to extend the contract 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 contract by the Contractor. If the City agrees to the request for renewal, the parties shall then enter into an amendment extending this Contract, including an amended Attachment A – Statement of Work, if necessary. Any renewal of this contract is subject to approval by the Englewood City Council. E. Indemnification: The City cannot and by this Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose. The Contractor shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker’s Compensation claims, in any way resulting from or arising out of this Agreement/Contract: provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City’s officers, agents and employees. F. Contractor's and Subcontractor's Insurance. The Contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph and satisfactory proof of such insurance has been submitted to City. Except for worker’s compensation insurance, the policy shall not be amended or modified and the coverage amounts shall not be reduced without the City’s prior written consent. The City shall be named as an additional insured and be furnished thirty (30) days written notice prior to cancellation. The Contractor shall not allow any subcontractor, employee or agent to commence work on this contract or any subcontract until this insurance has been obtained. i) Insurance Types and Amounts. The City requires the following minimum amounts of insurance coverage: Commercial General Liability in the amount of $3,000,000 per occurrence; Professional Liability Errors and Omissions in the amount of $1,000,000 per occurrence; and Employee Dishonesty and Computer Fraud in the amount of $1,000,000 per Page 200 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 13 ITB-18-042 Jason Park Reconstruction Project occurrence. The above amounts may be amended upward or downward depending on the overall cost of the services provided, the type of project for which this contract has been awarded, and only with the approval of the City. G. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination, at least thirty (30) days before the effective date of such termination. In that event all finished or unfinished service, reports, material (s) prepared or furnished by the Contractor after the award shall, at the option of the City, become the City’s property. If the award is terminated by the City as provided herein, the Contractor will be paid for the materials and services provided up to the termination date, less payments of compensation previously made. If the award is terminated due to the fault of the Contractor the clause relating to termination of the award for cause, below in subsection H, shall apply. H. Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants, agreements or stipulations of the award or any of the terms and conditions contained in this Contract, the City shall have the right to terminate the award by giving written notice, no less than thirty (30) days, to the Contractor of such termination and specifying the effective date of termination. In that event, all furnished or unfinished services, at the option of the City, become its property, and the Contractor shall be entitled to receive compensation for any satisfactory actual work completed, documents prepared and completed, or materials furnished. Notwithstanding the above, the Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of a breach of the Contract by the Contractor and the City may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined. I. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor’s proposal attached and made a part hereof, the total cost thereof being _____________________________________________________Dollars. ($000,000.00). A 5% retainage of the awarded project amount will be withheld until final inspection and acceptance by the Project Manager. J. Appropriation of Funds: At present, $____________ has been appropriated for the project. Notwithstanding anything else contained in this Agreement to the contrary, the parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement/Contract to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability Page 201 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 14 ITB-18-042 Jason Park Reconstruction Project of funds beyond the term of the City’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. The City shall immediately notify the Contractor or its assignee of such occurrence in the event of such termination. K. Liquidated Damages: The City and Contractor recognize that time is of the essence in this Agreement because of the public interest in health and safety, and that the City will suffer financial loss, and inconvenience, if the Work is not complete within the time specified in the bid documents and Attachment A – Statement of Work, plus any extensions thereof that have been agreed to by the Parties. The Parties also recognize the delays, expense and difficulties involved in proving, in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor shall pay the City $___ (XXXXXXX) for each day that expires after the time specified for substantial completion until the Work is complete, and $___ (XXXXXXX) for each day that expires after the time specified for final completion of the Work. L. Assignment: Contractor shall not, at any time, assign any interest in this Agreement or the other Contract Documents to any person or entity without the prior written consent of the City specifically including, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Any attempted assignment which is not in compliance with the terms hereof shall be null and void. Unless specifically stated to the contrary in any written consent to an Assignment, no Assignment will release or discharge the Assignor from any duty or responsibility under the Contract Documents. M. Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, assigns, and successors. N. State Statute: If this project is for a public works project or public project, as defined in Section 8- 49-102(2) C.R.S. the contractor shall comply with 8-17-101 C.R.S. which requires the contractor to use at least eighty percent (80%) Colorado labor for any public works project financed in a whole or in part by State, counties, school districts, or municipal monies. O. Contractors Guarantee: The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of one (1) year from all causes arising from defective workmanship and materials, and to make all repairs arising from said causes during such period without further compensation. The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof, shall rest entirely Page 202 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 15 ITB-18-042 Jason Park Reconstruction Project with the Director of Parks, Recreation and Library, whose decision upon the matter shall be final and obligatory upon the Contractor. P. Governing Law: This Contract shall be governed by, construed and enforced under the laws of the State of Colorado, excluding statutes related to conflict of laws between different jurisdictions. Q. Disclosure of Confidential Information: The City as an arm of the state is subject to the Colorado Open Records Act, C.R.S. 24-72-201 et. seq. In the event that a Disclosing Party receives an Open Records request, the Disclosing Party shall notify the other party to this Contract. R. Attorney Fees: In the event that either party to this Contract shall commence any action against the other party arising out of or in connection with this Contract, or contesting the validity of the Contract or any provision of this Contract, 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. VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that fails to certify to the Contractor that the subcontractor 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: Contractor 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. Contractor 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 Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall: (1) notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) terminate the sub-contract with the subcontractor if, within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with the illegal alien. (d) Duty to Comply with State Investigation: Contractor 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). Page 203 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 16 ITB-18-042 Jason Park Reconstruction Project (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Contractor’s breach of any section of this paragraph or provisions required pursuant to C.R.S. 8-17.5-102. Contractor 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 204 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 17 ITB-18-042 Jason Park Reconstruction Project IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first written above. CITY OF ENGLEWOOD By: ________________________________ Date: ___________________ (Director) By: ________________________________ Date: ___________________ (City Manager) By:________________________________ Date:____________________ (Mayor) Attest: ______________________________________________________ _____________________________________________________ Contractor (print company name) By: __________________________________________ Date: ____________________________ (Signature) _______________________________________________________ (Print name and Title) Page 205 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 18 ITB-18-042 Jason Park Reconstruction Project ATTACHMENT A STATEMENT OF WORK 1. GENERAL [Reference to Contract for Construction by date and CFC Number] 2. NAMES OF PROJECT COORDINATORS 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK [Provide a General Description of the Work] 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) 5. OTHER CONTRACTOR RESOURCES 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES [Include functional and technical specifications of the Work Product and Deliverables] 7. SPECIAL PROJECT REQUIREMENTS, IF ANY 8. MODE OF PAYMENT 9. PAYMENT SCHEDULE 10. SCHEDULE AND PERFORMANCE MILESTONES Performance Milestone Date Responsible Party Target Date 11. ACCEPTANCE AND TESTING PROCEDURES 12. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by the Contractor at its regular office located in, __________________________, or at the following location: ___________________________. Page 206 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 19 ITB-18-042 Jason Park Reconstruction Project IN WITNESS WHEREOF, pursuant and in accordance with the Agreement between the parties hereto dated _______________, 20__, the parties have executed this Statement of Work as of this______ day of ________________, 20__. CITY OF ENGLEWOOD, COLORADO By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ ____________________________________ Company Name By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Page 207 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 20 ITB-18-042 Jason Park Reconstruction Project PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS That we __________________ __hereinafter called the Principal, and _________________________________________ hereinafter called the Surety, are jointly and severally held and firmly bound unto THE CITY OF ENGLEWOOD, County of ARAPAHOE, State of COLORADO, hereinafter called the Owner, in the sum of _______________________________ ($ ), lawful money of the United States of America, to be paid to the Owner for the payment whereof the Principal and Surety hold themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly bound by these presents. WHEREAS, the Principal has, by means of a written agreement dated ____________________ entered into a Contract with the Owner for the construction of ________________________________________which Contract is by reference made a part hereof the same as though fully set forth herein; NOW, THEREFORE, the conditions of this obligation are as follows: FIRST, The Principal shall: (1) faithfully perform said Contract on Principal’s part and satisfy all claims and demands incurred for the same; (2) fully indemnify and save harmless the Owner from all costs and damages which said Owner may incur in making good any default. SECOND, To the extent permissible by law, the Principal shall protect, defend, indemnify and save harmless the Owner, the Architect-Engineer, and their officers, agents, servants and employees, from and against suits, actions, claims, losses, liability or damage of any character, and from and against costs and expenses, including in part attorney fees, incidental to the defense of such suits, actions, claims, losses, damages or liability on account of injury, disease, sickness, including death, to any person, or damage to property, including in part the loss of use, resulting therefrom, based upon or allegedly based upon any act, omission or occurrence of the Principal, or his employees, servants, agents, subcontractors or suppliers, or anyone else under the Principal’s direction and control (regardless of whether or not cause in part by a party indemnified hereunder), and arising out of, occurring in connection with, resulting from, or caused by the performance or failure of performance of any work or services called for by the Contract, or from conditions created by the performance or non-performance of said work or services. THIRD. The Principal shall pay all persons, firms and corporations, all just claims due them for the payment of all laborers and mechanics for labor performed, for all materials and equipment used or rented in the performance of Principal’s Contract. Contractor’s Guarantee. The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of two (2) years from all causes arising from defective workmanship and materials, and to make all repairs arising from said causes during such period without further compensation, and shall keep the same in said work and repair without further compensation for a period of one (1) year from and after completion and acceptance thereof by the City. The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof, shall rest entirely with the Director of Parks, Recreation and Library, whose decision upon the matter shall be final and obligatory upon the Contractor. Every Surety on this bond shall be deemed and held, any Contract to the Contrary notwithstanding, to consent without notice: 1. To any extension of time to the Contractor in which to perform the Contract. Page 208 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 21 ITB-18-042 Jason Park Reconstruction Project 2. To any change in the Plans, Drawings, Specifications, Contract or other Contract Documents, when such change does not involve an increase of more than twenty percent (20%) of the total contract price, and shall then be released only as to such excess increase. Further, every Surety on this bond shall pay to this Owner all costs and attorney fees necessary to enforce the provisions on the bond provisions contained herein. Unless prohibited by law, an action on the payment and performance provisions of this bond may be brought by the Owner or any person entitled to the benefits of this bond at any time within five years from date of final settlement of the Contract, and under the maintenance provisions of this bond an action may be brought within five (5) years from the time the cause of action arises. Principal and Surety are jointly and severally liable under the provisions hereof and action against either or both may proceed without prior action against the other, and both may be joined in one action. SIGNED AND SEALED THIS _____ day of _________________________, 2017. IN PRESENCE OF: _____________________________ ________________________________ By: __________________________ Name Title ATTEST: (As to Corporation) By: _____________________________ Secretary _____________________________ (CORPORATE SEAL) Surety By: __________________________ Attorney in fact COUNTERSIGNED: (SEAL OF SURETY) By:______________________________ Resident Agent (Print Name Below) (Accompany this bond with Attorney-in-fact’s authority from the Surety to execute the bond, certified to include the date of the bond.) Approved for the City of Englewood: By: ________________________________ City Manager Page 209 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 22 ITB-18-042 Jason Park Reconstruction Project City of Englewood, Colorado Sales and Use Tax and Arapahoe County Open Space Sales Tax The contractor, or any of his/her sub-contractors, shall be required to pay all sales and use (regular and/or building) taxes levied by the City of Englewood and Arapahoe County on any materials built into, incorporated or used (such as formwork materials, etc.) on the project including rental of equipment. In addition any equipment purchased within the last three years and used on this project is subject to a 3.5% sales tax plus .25% Arapahoe County Open Space Sales Tax. Upon completion of the work, the Contractor will be required to furnish the City with an itemized statement of the tangible property upon which the tax is due. Building Use Tax is collected on a permit for materials that become part of the improvements to realty. Any other materials not included in a permit are subject to regular use tax. This includes, but is not limited to temporary fencing, tools and equipment purchased or rented for the project, and any other items that would normally be subject to regular use tax (consumed/used by the contractor). A contractor is liable to the City for regular as well as the building use taxes. If City tax has been paid on items subject to regular use tax in Englewood or elsewhere, please provide a receipt for taxes paid to receive credit. All materials subject to regular use tax will be collected when sales/use taxes are filed or when an audit is performed. The contractor shall report separately on Form FR39a the materials that become part of the improvements to realty versus other materials not included in a permit as stated above. The contractor and/or sub-contractor may be exempt from the tax (for example, State and RTD tax) when the material becomes part of the structure for a tax exempt entity. The contractor and/or sub-contractor must obtain an exemption certificate from the Department of Revenue to purchase the materials tax free. Each sub-contractor shall compile a complete list of paid invoices, based on materials purchased directly by the sub-contractor, including the following information: invoice number, invoice date, vendor’s name, invoice amount, amount of tax due the City, type of materials (cement, rebar, structural steel, flooring, etc.). [Form FR39a] The contractor shall compile a complete list of paid invoices based on materials purchased directly by the contractor, including the following information: invoice number, invoice, date, vendor’s name, amount of invoice, amount of tax due the City, type of material (cement, rebar, structural steel, flooring, etc.). [Form FR39a] At completion of the work, each sub-contractor shall submit ,on forms supplied by the City of Englewood, to the contractor, a document similar to Form FR39a and the “Affidavit” (2 copies) duly acknowledged, based on the information compiled as indicated above. The contractor shall forward all said certificates to the City’s Project Manager. (The City will supply said forms.) The contractor and all sub-contractors shall keep sufficient records to verify the amount of purchases subject to use taxes due to the City and the amount of purchases subject to Arapahoe County Open Space taxes due to Arapahoe County. This documentation shall be maintained for three years subsequent to the issue date of the Certificate of Occupancy. Prior to the City issuing the Certificate of Occupancy (CO), all applicable City of Englewood Regular Use and/or Building Use Taxes and Arapahoe County Open Space Tax on any tangible property built into, incorporated or used on the project must be paid. Page 210 of 246 ________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2419 www.englewoodco.gov 23 ITB-18-042 Jason Park Reconstruction Project CITY OF ENGLEWOOD, COLORADO DEPARTMENT OF FINANCE AND ADMINISTRATIVE SERVICES A F F I D A V I T COUNTY OF _________________________________ ss. ___________________________________, _______________________________________________ of the (Title) (Signer’s Name) ___________________________________________________________________________, being of lawful (Business Name of Contractor) age and first duly sworn, deposes and says: That under the terms of a contract dated ______________, 20__: That _______________________________________ was the prime or sub-contractor for the installation of equipment and/or construction of a ________________________________________________ for the ___________________________________________________________________; that between the dates of (Entity Name) ______________________________, 20__ and ______________________________, 20__ said contractor built into or installed tangible, personal property upon which use tax is subject; the entire purchase price is listed on attached form, and that evidence of payment for said tangible, personal property are available for inspection by the City of Englewood. That the tangible, personal property upon which the tax was paid was actually built into or installed in said _______________________________________________________________________________________. (Type of Structure and Project Location Address) The entire purchase price of said tangible, personal property and the tax thereon is listed on the attached form hereto and make a part hereof. The contract is not yet completed The contract was completed ___________________, 20__. ___________________________ ___________ Contractor’s Signature Date Before me _______________________________________________, a Notary Public in and for ____________________________ County, Colorado, personally appeared ___________________________ ___________________________________, know to me personally to be the person whose signature appears hereon and who subscribed his signature hereunto in my presence this ________ day of ___________________________, A.D. 20__. My commission expires _____________. ________________________________________ Date Notary Public (SEAL) FR39/Section3 Page 211 of 246 24 City of Englewood, Colorado 1000 Englewood Parkway, Englewood CO 80110-2373 Finance and Administrative Services Department TAXABLE TANGIBLE PERSONAL PROPERTY (Please use this form or equivalent)Form FR39a INVOICE VENDOR'S NAME MATERIAL ONLY 3.5% ENGLEWOOD 3.5% ENGLEWOOD .25% ARAPAHOE TYPE OF MATERIAL (Please list each separately)SALES TAX USE TAX COUNTY SALES (cement, re-bar, Number Date Cost (If paid)TAX structural steel, flooring, etc)Page 212 of 246 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303)762-2412 Fax (303)783-6951 www.englewoodgov.org 25 End of Document Page 213 of 246 _m:m=m<<On. ooz.S>9.%96$3Sm34.8 ._._.__m0Oz._._»>o._._m.BmammanmamamnE8E_m I.528|.3manumgzmmzEm 0.2 2 m:m_m<<ooa.m35.:_um_no6o_.m=o_._onEmmma9.oo_o_.mao:m_.m_:m2m..33:2.8mmEm ..0=<._.manminim _.=__m_.m:nmomum_En.<Eommma...__.mmm_m.33m.Na><m.O3»>c_.o_.m.O0moo::m..m_:mnma_.m?m_._‘mn.8 mm A..oo:=mo8_J. 0o33m:oEmo:Emam<2.8|.manoo:=::_:m8..m._mmmn8::9 n_m<mEmammamaEm 0.2mq<m:_mmn_Em.mmm_macammanu_.ouomm_m29.5cm_.mnm_<mn_8aP_3.m:__._om___mco_..8o_m_mcuu__mm. mnc?amsr=._m8_..m_mmanm<mQE_:m:mnmmmm..<man_.mn..___.ma8..Em8__oSEmu3_.mnn vxo._mo#._mmo:um;_»mno:m=.:nn_o:_u_.o_mon <<_._mxm>m_u_.ouomm_mucamcma8mmama<m_,:mm_._._m_.=:m<mumm:«mnm_<mn_u<Em 92 man:m<mumm: 8:583Em_u_..mn8aom_umEm__»mn_.mm=o:mamEuama.man8_.<<m_dmq8Em_<_m<o~man0.2 oo::o._E m _.mno3=.m:am=o:Em.m83338..<8...»cmmémama8Emm_uo<m3330o:=.mn8..sEo Emm Em _oémm.«m__m_u_m mam~mm.uo:m=u_m2&2Em_.m8~m“man <<:mmm>m_u:_.m:m38mmaamno33m_.amao:.Em0.2oo::o__Emmm.u_u_.o<mqEmoo_.=_.mQ.manEm ooawmon_._mmumm:mémama8Emmco<mamamaoo_.:_.mo8_..manmma0o_._=.mo8_..m:92 §__Eu manmc_m8 um:o_._.=m__cmEmE021:monoamznm<<_EEmma<m:_mm3m:._manmnmnzmacaman_u8uomm_. zO<<.:._mmm_uomm.Eno:mEm_.mmo_._3Emnoaumammzoa8amumamamEmSo...»8 cmumaoasmac_.am.. 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Fall Id WWI!M1919 MIHIIIIKIII Id NIIIIS BUIIIID smwon IN WWI!WWI! Sahlyieneekiumenl id name mm FInalGt:de Id WIM9 NIMB lmga?on Id WIIII9 WIEII9 Tllelnlall Id NW1?MINI! Sullnial 2II WIIII9 GEIIBIIS Bel?IaIIdTableintI 24 WIUI9 NFJIB Playgmrd nu numm SumnPil Id WZIIIQ ‘ruygmmunsun 1:1 mm ?halllmll id WWI! Ihwtpnsdlahtial 25754 MMII9 Rzmwll 2d WWI! Cl?appvoval I51 WIM9 IIeu|FIh Id 0902419 Comahlnsall Id WWI! Wekllnspedion Id mm Ihlnnlhiul 2751 WWI! Deld?inlion lid W?? Plu?nlilwilk Id mans P(mIWuIIS‘IdenD.1 Id IUIIII9 IIIIIIIS S'mCIeanuIg Id IIVW19 IIIIIII9 3'lI"ICI3HOSNO|.lOI'IEI.l.SNOO8.LN3WHOV.Ll.V nmn.:§um.=u_.__.:_.~.=._uEv:c 5 Page 223 of 246 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Reid McGrath DEPARTMENT: Police DATE: March 4, 2019 SUBJECT: AllHealth Network Agreement DESCRIPTION: AllHealth Network Agreement RECOMMENDATION: Staff recommends Council approve, by motion, a contract between the Englewood Police Department and AllHealth Network for mental and behavioral health services partnership. PREVIOUS COUNCIL ACTION: None SUMMARY: AllHealth Network is a comprehensive mental and behavioral health service provider licensed by the Colorado Department of Human Services and Colorado Department of Public Health and Environment, providing assessment and treatment planning, outpatient services, life transitions and crisis intervention. The Englewood Police Department and AllHealth Network have partnered over the last several months to address the needs of the community, especially in the areas of mental illness, crisis prevention and intervention, and providing resources to those in need. Currently, the Network provides 16 hours of service to the Police Department weekly, per the funding through the Office of Behavioral Health. This contract is in addition to the OBH funded services. The Network shall provide an additional sixteen (16) hours per week to the Department for forty-seven (47) weeks per year. FINANCIAL IMPLICATIONS: The total contract price is $27,996.80. This has been budgeted in the 2019 budget. Page 224 of 246 CONTRACT FOR CRISIS INTERVENTION SERVICES THIS AGREEMENT, hereinafter is made and entered into this of ________ , 2019, by and between the CITY OF ENGLEWOOD POLICE DEPARTMENT, hereinafter referred to as "Department", and ALLHEALTH NETWORK hereinafter referred to as "Network"; WITNESS ETH: WHEREAS, the Englewood Police Department provides professional law enforcement services to the citizens and businesses of the City of Englewood, collaborating on problem solving strategies to address public safety, quality of life issues, and crime prevention; WHEREAS, AllHealth Network is a comprehensive mental and behavioral health service provider licensed by the Colorado Department of Human Services and Colorado Department of Public Health and Environment, providing assessment and treatment planning, outpatient services, life transitions and severe and persistent mental illness; and WHEREAS, the Department and Network have partnered over the last several months to address the needs of the community, especially in the areas of mental illness, crisis prevention and intervention, and providing resources to those in need. NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter appearing and of the payment of the monies hereinafter set forth, the parties hereto agree as follows: Department: Englewood Police Department 3615 S. Elati Street Englewood, CO 80110 I.PARTIES Network (Contractor): AllHealth Network dba Arapahoe/Douglas Mental Health Network 155 Inverness Drive West, Suite 200 Englewood, CO 80112-5000 II.TERM This contract shall be effective on the date first above written and shall end on December 31, 2019. Either Party may terminate this contract with or without cause upon thirty (30) days prior written notice to the other Party. In the event of termination, no damages, liquidated or otherwise, shall inure to either Party. Ill. CONTRACT PRICE The total contract price shall be $27,996.80. The Network will invoice the Department two time per year. Once in January 2019, and again in June 2019, in the amount of $13,998.40. All payments shall be made to AllHealth Network, at the above address. 1 Page 225 of 246 IV.PARTIES ROLES AND RESPONSIBLITIES AllHealth Network Responsibilities.The Network shall provide an additional sixteen (16)hours per week to the Department for forty—seven(47)weeks per year.Currently, the Network provides 16 hours of service to the Department weekly,per the funding through the Office of Behavioral Health.This contract is in addition to the OBH funded services.Services will provided 47 weeks per year and are not provided during the Crisis Intervention Team (“CIT”)International Conference and vacation periods for Network staff. 1.The Network will involve the Department in responding to requests for emergency services when required,to protect the citizen involved,other citizens, Network personnel providing services,or the community.Whenever the Network involves the Department,CIT personnel will offer to assist the Department and will remain in contact with the Department until the situation is resolved; 2.The Network will call for the Department’s assistance when a person’s statements or behavior lead a CIT clinician to believe that the person may need to be guarded or restrained to prevent harm to themselves or others,while arrangements are being made to facilitate a disposition of the situation; 3.The Network shall respond to requests for emergency assistance when the Department is called to a location due to a person whose behavior or statements indicate a need for mental health intervention; 4.The Network shall respond to requests from the Department for an emergency evaluation of a person detained in a detention center when that person’s behavior or statements lead an official to believe mental health intervention is needed; 5.The Network will work with the Department to provide information on appropriate dispositions,including the correct location to take persons requiring mental health assessments so a proper disposition can be made.At all times the Network will strive to avoid involving persons in the juvenile justice or criminal justice systems as a result of their mental illness. 6.The Network will attempt to gain an understanding of the concerns of involved family members and legal custodians when making clinical decisions,even in emergency situations. Inter—AgencyTraining Provided by AllHealth Network.The Network will provide training to the Department in the area of intervention techniques with persons experiencing mental illness and or mental health emergencies.Training content may include,but is not limited to the following: Management of persons with mental illness without using restraints. Management of persons with mental illness who are in custody. Risk assessment of persons in custody. Recognition of mental illness Intervention techniques which can assist Department personnel in providing for the mental health needs of persons with mental illness while in custody. E":’>P°!":“ Page 226 of 246 6.Provide awareness training in recognizing the special needs of persons with behavioral health problems. 7.Assist in all aspects of mental health law 27-10 procedures,if requested,together with suggested ways to approach and talk to persons who are exhibiting mental health problems,how to recognize behavior and speech that may indicate mental illness or substance abuse,and how to prevent escalating behavior in the least intrusive manner while urging consideration of the least restraint as possible. Provide an overview of mental health services available. 9.Provide,along with designated Department personnel,scheduled training sessions. 9° C.Englewood Police Department Responsibilities. 1.The Department will be requested to partner with CIT clinical staff to conduct a “welfare”check on a person,known or unknown,in the mental health system, when they are a danger to themselves or others,or grave disability is in question. In these situations,CIT clinical staff will remain involved and available to the Department until a final disposition is made; to The Department will deliver petitions for mental health evaluations made by concerned parties about a person’s welfare and may continue to be involved in the attempts to contact the individual in person so a face to face assessment can be done; 3.The Department will provide a desk and equipment to Network CIT personnel in the Department’s headquarters or other Department area,for the express purpose of developing a working relationship between the Department and Network that enhances services to the community. V.INDEPENDENT CONTRACTORS Each party and its employees,agents,and representatives shall be considered for all purposes of this contract to be an independent entity.Neither party,nor its employees,agents,and representatives are,and shall not be construed as or become employees,agents or representatives of the other party as result of performance of services under this contract. VI.INSURANCE During the term of this contract,and in performing the services herein,each party shall act independently of each other,and each Party is solely responsible for procuring and maintaining all necessary and adequate professional and general liability insurance at its own expense,for any claims which may arise out or,or in connection with,any operations for the services each Parties staff performs under this contract.The Parties understand and agree that the City,Council,officials,officers,directors,agents and employees,are relying on,and do not waive or intend to waive by any provision of this Agreement,the monetary limitations or any other rights,immunities,protections or defenses provided by the Colorado Governmental Immunity Act (the “CGIA”),§§24—10—lOlto 120,C.R.S.,or otherwise available to the City.To the extent the CGIA imposes varying obligations or contains different waivers for cities and counties,the City agrees that it will remain liable for their independent obligations under the CGIA,and neither party shall be the agent of the other or liable for the obligations of the other. Page 227 of 246 VII.NEUTRALITY The Network and the Department will establish safeguards to prohibit officers,agents,and representatives of the Parties from using this contract for any purpose which causes,or lends itself, to create an appearance of impropriety.Said employees,officers,agents and representatives shall not seek any personal benefit or private gain for themselves,their families,or others. VIII.NONDISCRIMINATION The Network and Department agree not to refuse to hire,discharge,promote,or discriminate against any person otherwise qualified,in any matter of compensation and/or benefits, performance of services or otherwise,solely on the basis of race,creed,gender,color,national origin or ancestry,age,marital status,mental or physical handicap,political affiliation or belief. IX.COMPLINACE WITH LAWS The Network agrees to abide by all applicable laws,ordinances,rules and regulations and court and administrative rulings of the United States,the State of Colorado,Arapahoe and Douglas County,and the City of Englewood,and any other political subdivision.The Network agrees to secure all necessary licenses and permits in connection with performance of this contract. X.TRANSFER AND ASSIGNMENT The Parties shall not assign nor transfer their interest in this contract without the written consent of the other party.Any unauthorized assignment or transfer shall render this contract null and void,and of no effect as to the Parties. XI.MODIFICATIONS This contract may not be modified,amended,and otherwise altered,unless mutually agreed upon in writing by the Parties. XII.NOTICES All notices required to be given by the Parties hereunder shall be given in writing either by hand delivery or certified or registered mail,return receipt requested,to the individuals and at the addresses set forth below.Either party may from time to time designate in writing a substitute address or person(s)to whom such notices shall be sent. John Collins Bill Henricks,MBA,PhD Chief of Police Chief Executive Officer Englewood Police Department AllHealth Network 3615 S.Elati Street 155 Inverness Drive West,Suite 201 Englewood,CO 80110 Englewood,CO 80112 XII.GOVERNING LAW Unless otherwise agreed to in writing,this contract,and the interpretation thereof shall be governed by the laws of the State of Colorado. Page 228 of 246 XIII.SEVERABILITY If any clause of provision of this contract is found or held to be illegal,invalid or unenforceable under present or future laws or in the event of a court holding,effective during the term of this contract,then and in that event,it is the intention of the parties hereto that the remainder of this contract shall not be affected thereby. XIV.ENTIRE AGREEMENT. This contract,together with any exhibits attached hereto contains the entire agreement between the parties. XV.TITLES AND I-IEADINGS The titles and headings are inserted herein only for convenience of reference and in no shall define,limit,or describe the scope or intent of any provision of this contract. XVI.APPROPRIATIONS This Agreement does not contain any multi-fiscal year financial obligations by either party that extend beyond its current fiscal year.The financial obligations of each party under this Agreement shall be subject to and limited by the appropriation of sufficient funds appropriated by its Governing Body.Nothing herein obligates the City of Englewood to budget,authorize,or appropriate funds for any future fiscal year. XVII..BINDING EFFECT. All terms,conditions and covenants to be observed and performed by the parties hereto shall be applicable to and binding upon their respective heirs,administrators,executors,successors and assigns. XVIII.EXTENT OF CONTRACT This contract represents the entire and integrated understanding between the Parties in regard to the services described herein and supersedes all prior negotiations and representations whether written or oral. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals as of the day and year first above written. CITY OF ENGLEWOOD,COLORADO ALLHEALTH NETW K ByT?____ Linda Olson,Mayor ’ks,MBA,PhD Chief Executive Officer ATTEST: Stephanie Carlile,City Clerk Page 229 of 246 Contract Approval Summary V10/25/2017 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: John Collins Phone: 303-783-6946 Title: Chief Email: jcollins@englewoodco.gov Vendor Contact Information Vendor Name: AllHealth Network dba Arapahoe/Douglas Mental Health Network Vendor Contact: Bill Hendricks CEO Vendor Address: 155 Inverness Drive West #200 Vendor Phone: 303-730-8858 City: Englewood, Vendor Email: bhendricks@allhealthnetwork.org State: CO Zip Code:80112- 5000 Contract Type Contract Type:Contractural Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date:1/1/19/approval by council date End Date: 12/31/19 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $27,996.80 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: None in contract AllHealth Network will provide sixteen (16) hours of services by a licensed clinician, forty- seven (47) weeks per year, these services are in addition to 16 hours of services provided to Englewood Police by funding through the Office of Behavioral Health, forty seven weeks per year. AllHealth will also provide training to Englewood Police in areas related to mental health. Page 230 of 246 Contract Approval Summary V10/25/2017 Page | 2 Payment terms (please describe terms or attach schedule if based on deliverables): AllHealth will invoice Englewood Police upon approval of contract for $13,998.40 and invoice again in June for the same amount. Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Source of funds: Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor: ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of proposed awardee ☐RFP: ☐ RFP Evaluation Summary attached ☐ RFP Response of proposed awardee ☐Quotes: Copy of Quotes attached ☒Sole Source: Explain Need below ☐Other: Please describe CAPITAL ONLY A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining C -$ -$ O 2019 02 1105 54201 Professional Services 55,000.00$ 5,852.22$ 27,996.80$ 21,150.98$ -$ -$ -$ -$ Total by Fund - Current Year 55,000.00$ 5,852.22$ 27,996.80$ 21,150.98$ C -$ -$ -$ -$ O -$ -$ -$ -$ Total by Fund - Year Two -$ -$ -$ -$ Grand Total 55,000.00$ 5,852.22$ 27,996.80$ 21,150.98$ NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment - Prior Month Project Status and Fund Balance Report CAPITAL & OPERATING EXPENSE AllHealth Network is the sole mental health community center and the sole provider of Crisis Intervention Team (CIT) services for Englewood. AllHealth provides extensive services to the Englewood Police Department and City of Englewood Citizens that are funded through the Office of Behavioral Health and other funding sources such as Medicaid Page 231 of 246 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dorothy Hargrove DEPARTMENT: City Manager's Office DATE: March 4, 2019 SUBJECT: Professional Services Agreement for Legal/Negotiation Services DESCRIPTION: Professional Services Agreement for Legal/Negotiation Services RECOMMENDATION: Staff recommends that the City Council approve a professional services agreement with Range Law, LLC by regular motion, providing for assistance with matters associated with collective bargaining. ANALYSIS: Per Article XV of the City Charter, the City of Englewood annually negotiates an agreement with one of its two employee associations. In even years the City negotiates with the Englewood Police Benefit Association. In odd years the City negotiates with the Englewood Employee Association. FINANCIAL IMPLICATIONS: The cost of this legal service will be split between the City Manager's Office and the Human Resources Department from their respective Professional Services budgets. Adequate funds are available to cover the anticipated costs. Failure to effectively negotiate with the City's employees presents significant financial implications, including the costs associated with going through the impasse resolution process, the costs associated with loss of employees, and the costs associated with ongoing misunderstanding of the terms of the agreement. ALTERNATIVES: Continue to utilize supervisory personnel to negotiate these agreements. 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